Boston Criminal Lawyer Blog
Samuel Goldberg has been a Massachusetts criminal defense attorney for 20 years. Prior to that, he was a New York state prosecutor. He has published various articles regarding the practice of criminal law and frequently provides legal analysis on radio and television, appearing on outlets such as the Fox News Channel, Court TV, MSNBC and The BBC Network. To speak to Sam about a criminal matter call (617) 206-1942.


I know I said that I would follow up my most recent blog discussing the insanity defense with an example of how it can be successfully used. However, a recent report was released regarding the Department of Children and Families, which deserves some priority considering the amount of people it affects when compared to the use of the insanity defense. I was contacted yesterday by the Boston Herald to make a brief statement about my history with Fair Hearing Process. In order to stay relevant, I will be going into more depth about Fair Hearings and this new report in today’s blog.
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Well, how was your weekend?

If one reads the Boston Herald about the news this past weekend, one might walk away with a bit of a sickened feeling…and a desire to avoid parties and other places where kids might be.

Let’s first turn to Springfield.

The Herald tells us about two men stabbed at a house party early Saturday. Police Lt. Richard LaBelle said that one of the men had serious stab wounds and had been rushed to Bay state Medical Center. He was in “stable condition” at the time of the story. The second man stabbed had non-life threatening injuries.

The incicdent apparently took place on Manhattan Street at about 2:30 a.m. Saturday. The men were found outside by police. One was in a car, and the second was lying on the ground.
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Here is another tale of an free enterprise gone bad. The gent is from Medford. He is 28 years of age and his name is Casey Kolenda (albeit hereinafter, the “Defendant”).

According to the Boston Herald’s story on the subject, found here, the Defendant has pleaded guilty to making and selling counterfeit Massachusetts Bay Transportation Authority passes. In return for his plea of guilt he was sentenced to three years in prison. The specific charges he plead to were seven counts of counterfeiting.

The victory announcement was made by Attorney General Maura Healey, who’s office prosecuted the case.
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This is America. The land of the free and of free enterprise.

Well, almost.

28-year-old Thomas W. Romano III (hereinafter, the “Defendant”) has learned that not quite anything goes in commerce. The lesson has been taught to him at Lowell District Court.

According to the Lowell Sun, the Defendant has admitted to taking a big, and lucrative, shortcut by starting his own trash-removal company. The scheme was particularly profitable as it involved the stealing of commercial trash containers throughout the Merrimack Valley and Southern New Hampshire, according to the Commonwealth.
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Well, for one thing, I don’t think this is going to help him very much in the lawsuit.

I am referring to 45-year-old Arthur Burnham (hereinafter, the “Defendant”). It would appear that his sense of entertainment is not shared by Southbridge Police Department. Or the law, for that matter.

You see, the Southbridge police say that he was laughing and cheering after he doused a police cruiser with gasoline and set it on fire right outside the police station.

They apparently did not see the humor in it.

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Jurors in Suffolk Superior Court found Edwin Alemany guilty of first-degree murder and 15 other counts, including premeditated murder, for the killing of Amy Lord. Alemany was also found guilty of attacking two other women before and after killing Lord.

In July of 2013, Alemany kidnapped Lord from outside her South Boston apartment and forced her to withdraw money from several ATM machines. Prosecutors said he then raped her and stabbed her more than 75 times. He then dumped her naked body in Hyde Park and set her car on fire.

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Well, the jury came back in Worcester’s trial of The Commonwealth versus Raymond Grenier
(hereinafter, the “Defendant”). The verdict…on the remaining charges…was guilty. Guilty of assaulting a sex worker (prostitute) as well as trespass.

The allegations came from a June 15, 2014 incident in a Sutton cornfield.

According to said sex worker, she was working as a prostitute in the Main South section of Worcester when the Defendant picked her up around 3 a.m. She said he agreed to pay her for oral sex and he drove her to the Sutton cornfield in Sutton.

She testified that, “I told him I wanted my money first … and he wouldn’t give it to me…He said he’d give it to me when he was ready. I said, ‘you’re going to bring me home right now.’ He proceeded to get very angry.” She claimed that the Defendant then punched her on the left side of her head and then punched her again in the ribs. She said he then pushed her out of the truck and she fell onto the ground.
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Ian tells me that he was listening to NPR this morning during his travels when an interesting point was made regarding the ongoing investigation into the recent shooting of a 7-year-old Brockton boy in Dorchester. You can also read about it in the Boston Globe.

Although the young boy has been identified in the media, we will simply refer to him as the “Victim”… a word I seldom use, but I imagine there is no doubt of it in this case.

The Victim is still alive and is in the hospital. He is described as being in good condition.

Police Superintendent in Chief William G. Gross said witnesses described the shooter as a light-skinned man between the ages of approximately 17 and 20 who wore a red hoodie and tan pants, and who fled on foot.
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Well, the trial of 26-year-old Michael Stallings from Boston (hereinafter, the “Defendant”) is over. While it ended in a conviction, the defense is likely counting it as a “win”.

The Defendant was acquitted of the top count, Murder in the First Degree, but convicted on the lesser charges of Involuntary Manslaughter and gun possession.

The facts arose out of a sadly frequent scene we have all heard about. Gang violence. Gang warfare.

The Defendant claims that someone from a rival gang began shooting at him on a street in January 2012. The Defendant fired back into a crowd of people. His spray of bullets did not hit anybody, but obviously caused some folks to flee.

One of said “folks” was Kelvin Rowell. He was 40 years old and at the proverbial “wrong place, wrong time”. No connection to the gang violence.

He did have asthma though.
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The term “person of interest” has no legal definition, but generally refers to someone who authorities believe has information related to a crime. Although deliberately ambiguous to any suspicion of guilt, you can be assured that if law enforcement labels you a “person of interest” they believe you were some how involved.

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