Criminal case against Milan Lucic dropped after wife declines to testify, judge blocks evidence

The criminal case against longtime Boston Bruins forward Milan Lucic was dropped by the state on Friday morning after his wife declined to testify at the start of her husband’s domestic violence trial and a judge refused the admission of her 911 call as evidence.

Brittany Lucic invoked her marital privilege in Boston Municipal Court as Milan, 35, appeared before a judge to face trial on a charge of assault and battery on a family member.

Suffolk Assistant District Attorney Samuel Jones played Brittany’s 911 call instead of her testimony. Judge Paul Treseler later accepted Jones’ nolle prosequi notice -- a legal entry of record that the prosecutor or plaintiff has decided to abandon the prosecution or lawsuit.

Lucic nolle prosequi by Boston 25 Desk on Scribd

After listening to the 911 call and arguments presented by Milan’s defense attorney, Gary Pelletier, Treseler said the prosecution couldn’t meet the burden of proof to continue the criminal case.

A Boston police 911 dispatcher who spoke with Brittany in November 2023 after the alleged assault was called to the witness stand and told the court that Milan’s wife “was very upset” on the call. She also admitted that she never confirmed Brittany’s last name or her husband’s name.

Pelletier added that Brittany “sounded intoxicated” on the call and “fabricated” the allegations.

“If she is angry at her husband, she has time to fabricate. This is not something that is happening at the moment,” Pelletier told the court. “She is not calling from the apartment and saying, ‘I am in trouble, please help me my husband is attacking me.’ That’s not what’s going on here. We are talking about something after the fact.”

Lucic, a 17-year NHL veteran, pleaded not guilty in November 2023 to a charge of assault and battery on his wife. In January, the court set a jury trial date for Lucic on Feb. 16, 2024.

Officers responding to a report of an assault and battery at 50 Battery Steet in Boston just after 1 a.m. on Saturday, Nov. 18, 2023, spoke in the lobby of the building with Brittany, who claimed her husband tried to choke her, prosecutors said during Milan’s initial arraignment.

Brittany said that her husband couldn’t find his cell phone after returning home from a night out drinking and that he began yelling and demanding the phone, the prosecutor stated. Brittany told Milan that she didn’t know where the phone was and attempted to walk away when he allegedly grabbed her hair and pulled it backward.

An officer noted that he observed redness on Brittany’s chest and that she stated her husband didn’t attempt to strangle her during the incident, according to prosecutors.

Pelletier also referenced a police bodycam video in which he said Brittany denied that her husband ever choked her. He also argued that there was no evidence corroborating that the redness on her chest was inflicted by Milan.

“If Milan Lucic, he’s right here, if you just show your hands. Look at him. He is 6′4″ tall, stand up, please. He’s a big guy. If he put his hands around her neck, you’d see indentations. If not worse, you’d see something,” Pelletier told the court. “You don’t see any of that here. The Commonwealth knows that and is still proceeding with this evidence. I would submit that that is bad faith.”

The officer and a sergeant subsequently went to Lucic’s apartment, where he “appeared intoxicated when he answered the door,” the prosecutor said. There was also said to be a broken lamp on a nightstand and shards of glass on his bedroom floor.

“He stated to officers that nothing had happened and did not attempt to provide any explanation,” police wrote of Lucic in an incident report.

Lucic was informed of the allegations against him and he was taken into custody without incident.

The Bruins later announced that Lucic was taking an indefinite leave of absence from the team. Lucic also decided to enter the NHL/NHLPA Player Assistance program while he remains on indefinite leave from the team.

Lucic signed a one-year, $ 1,000,000 deal this past summer to return to Boston as a likely capstone to his career.

In a statement Friday afternoon, the club said that Milan Lucic will not return to the team and remain on indefinite leave for the remainder of the season.

“The Boston Bruins organization supports Milan and his family as he continues his personal rehabilitation,” a team spokesperson said.

Lucic led the Bruins with 30 goals during their championship 2010-2011 season and his physical, bruising presence on the black and gold’s forward lines quickly made him a fan favorite in Boston.

Lucic was placed on long-term IR on October 28 after taking a puck to his ankle.

His future with the Bruins remains unclear at this time.

This is a developing story. Check back for updates as more information becomes available.

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