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Assault case against Boston police captain dismissed

A domestic assault case against a Boston police captain was dismissed Wednesday after an attorney for the alleged victim told prosecutors she would not be present to testify at the trial, the Norfolk district attorney’s office said.

Captain Timothy Connolly was arraigned last year on two counts of assault and battery on a household or family member, stemming from an alleged altercation with his then-wife at their Milton home.

Phuong Bui, a patent attorney who at that time was Connolly’s wife of 13 years, had told a judge that the veteran officer repeatedly pushed her and then struck her with an open palm. She also said that he warned her previously that he’d kill her if she told friends about their marital problems.

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“The case relied on the testimony of the victim, and the DA’s office was informed by her attorney that she resides out-of-state and would not be there today at the start of the trial,” said David Traub, a spokesman for the Norfolk district attorney’s office, Wednesday afternoon. “We were not able to proceed without the presence of the victim.”

Traub said the court dismissed the case without prejudice.

Leah D. Amrhein, an attorney representing Connolly, said her client has “maintained his innocence since Day 1.”

“All parties are satisfied with the outcome of this case,” she said.

Messages left with Bui’s attorney were not immediately returned Wednesday afternoon. Amrhein said the couple is now divorced and that Connolly has “the highest respect” for his ex-wife.

Amrhein said her client has been a police officer for about 30 years and that there was an “outpouring of support” for Connolly throughout the case.

“He’s a gentle, kind person,” said Amrhein. “He’s got a very calm demeanor.”

When Connolly was arraigned last year, Boston police said that he had been assigned to administrative desk duty pending an investigation into the case.

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Boston police Sergeant Detective John Boyle, a department spokesman, said Wednesday that Connolly was still on desk duty, as an internal affairs investigation is still open.

Travis Andersen and John R. Ellement of Globe staff contributed to this report.



Danny McDonald can be reached at daniel.mcdonald@globe.com. Follow him on Twitter @Danny__McDonald.