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.

Police officers in Duxbury, Massachusetts have arrested a man from Pembroke, Massachusetts after they discovered thousands of dollars and a variety of drugs stored inside the man’s vehicle. Officers in the area received a report of a vehicle crash and were responding on scene when they made their discovery. The call came in on Thursday just after midnight.

The crash occurred in the area of an intersection between Church Street and Tremont Street in Duxbury. Upon arriving on scene, law enforcement officials discovered that the vehicle in question had struck several sign posts before coming to a stop near the intersection. Responding police officers have indicated that based on the evidence immediately visible at the scene, they determined they had grounds for an arrest of the operator of the vehicle. The operator of the vehicle was later identified as 23 year old James Bako-Berry of Pembroke, Massachusetts. He was officially arrested at the time for driving under the influence of alcohol, negligent operation of a motor vehicle, an open container of alcohol and a stop sign violation. There were no reported injuries, to the driver or otherwise, pertaining to the arrest of this particular individual. Continue reading

Officials have publicly identified the foster mother who was housing two young girls in an Auburn, Massachusetts home that one of them died in. Kimberly Malpass was caring for six children at the time of the heartbreaking discovery of two girls, aged two and younger, found unconscious in their home. Malpass is the biological mother of two sons, as well as the adoptive mother of a daughter, and the foster mother to three other children, all of whom were living in the house at the time. Malpass was the one who called 911 in near hysterics when she discovered the two young girls.

The investigation into the matter is still ongoing, but initial reports released for this case have indicated that upon arrival at the home in Auburn, police discovered two young children unconscious. One of the girls, a child identified as Avalena Conway-Coxon, had been cradled in the arms of Malpass prior to police arriving on scene. A neighbor said that she heard Malpass screaming at some point during the afternoon and that Malpass had run out of the house holding the young girl in her arms before she called for help. The second child, who has not yet been identified by police, was found lying by the door when they entered the premise. Both children were rushed to the hospital—Avalena was pronounced dead at the hospital a short time later. The second girl remains in intensive critical care and an immediate update on her condition was not made available.

An autopsy has been performed on Avalena, but an exact cause of death has not been determined at this time. Reports have shown, however, that the young girl that has remained hospitalized showed signs of overheating as well as bruising consistent with that of a seat belt harness. Investigators are looking into the temperature inside the house as a possible contributing factor in this case.

While Kimberly Malpass has not spoken publicly about the matter since being identified, her sister Tamari spoke about the character of her sister and the type of mother she was. Tamari Malpass has stated that since the discovery of the two young girls, Kimberly Malpass has been inconsolable with grief. “She is unable to make a statement at this time due to her complete and utter devastation, so quickly she went from a house filled with joy, laughter, happiness and children one day to a state of shared shock and destruction the next.” Tamari was visibly emotional as she addressed reporters, and stated that she and others felt very strongly that Kimberly was a wonderful, attentive mother to the children in her care. Previously, Kimberly was the foster mother to six other children beginning in 2014. Tamari feels as though what took place inside the home that weekend afternoon is some sort of “freak accident” that she cannot explain.

The kind words offered by Tamari Malpass, as well as the sentiments offered by a friend of Kimberly’s who says that her child was also in the home when the two young girls were found unresponsive, are a stark contrast to reports that have been developing about Kimberly Malpass all week. Malpass had been babysitting her friend’s child the weekend of this horrific discovery—the child’s mother stated that Malpass would watch her daughter every weekend, and that she stands by Kimberly Malpass’s abilities as a parent. Police reports discovered in the past few weeks do not share the same sentimentality. Investigators have indicated that law enforcement officials had been called to Malpass’s home at least 38 times in the past—sometimes for domestic disputes. Malpass also posted bail for an unnamed individual a few years ago. These things were apparently not reviewed prior to the DCF ruling that she was a suitable foster parent for children who were in need.

Now, the family of Avalena Conway-Coxon is looking for answers. They have said that Avalena’s mother was out of jail for drug charges and was on her way to cleaning her life up so she could finally be reunited with her beloved daughter. That reunion will never happen now that little Avalena’s young life has been cut short. Three arrest warrants have been issued so that officials may investigate the Auburn home in an extended effort to determine what happened there that could have led to the heartbreaking discovery inside those walls. Tamari Malpass is standing by her sister; she has said that her and her family are grieving immensely over the loss of Avalena, a young girl whom they cared about deeply. Avalena’s biological family is devastated over the loss of a beacon of light within their lineage. Avalena’s grandfather said that she was already beginning to display musical inclinations as his own father had done. The Conway-Coxon family held a vigil on Wednesday night in an effort to remember the sweet girl that was so abruptly taken from them.

Whether the events that unfolded in Auburn were truly an accident or something more, families and officials alike are seeking answers that may help them explain the events that took place that led to the death of an innocent child.

 

Additional quotes and information may be found at the following links: http://www.whdh.com/story/29836590/sister-of-auburn-foster-mom-calls-girls-death-a-freak-accident

http://www.necn.com/news/new-england/Police-Complete-2nd-Search-of-Foster-Home-322280682.html

A man from Hardwick, Massachusetts who is facing charges for severe child abuse is being held on $200,000 bail following his hearing in East Brookfield District Court this Wednesday. Randall E. Lints is accused of abusing and starving his 7 year old son Jack Loiselle, who has remained unconscious in a long term care facility since police were called to the family’s home last month. The public defender appointed to the case to assist Randall Lints says he believes the court ordered a high bail for the situation because they knew that Lints would be unable to pay the $200,000 amount. The public defender, Michael S. Hussey, called the decision a “forgone conclusion” after the announcement had been made official in court on Wednesday.

Michael Hussey also believes that the blame for what happened to this innocent child does not just lie with his client Randall Lints. Following the bail decision yesterday, Hussey spoke to reporters and said that “There may be plenty of blame to go around in terms of what lead to this terrible tragedy. The actions, decisions and choices made by previous caretakers, maybe judges, DCF workers, their supervisors, other people and certainly Mr. Lints himself.” Attorney Hussey went on to say that Lints only has a 5th or 6th grade level of education and that he feels as though this was a contributing factor in how Lints viewed discipline for his child. Hussey also believes that Randall Lints may have been receiving mixed messages from those around him, including DCF officials, about the proper way to punish children. Though there is no concrete evidence as of yet that DCF officials did in fact provide Lints with any sort of support in terms of how he handled punishment for his son Jack, Hussey still believes that Lints remained confused as to what was appropriate. According to statements provided by Randall Lints, he had indicated in the past that Jack suffered from behavioral issues, and that the punishments he inflicted were in retribution to these actions. And while Lints may not have fully understood how to properly deal with the behavioral issues his son was enduring, the general consensus is that the punishments were too severe for the crimes.

Among other things, Lints is being accused of locking Jack Loiselle in his room for unknown periods of time with very little food and water. Jack was unable to do things that the other children in the house were allowed to do, such as watch TV and play games. Jack loved school and was on his way to becoming a star student—but if he were to act out in any way, Lints would punish him by taking away his ability to do homework or even to go to class. Reports have also stated that Jack suffered chemical burns on his hands and feet after Lints would make him wash the floors with bleach for having an accident where Jack urinated on the floor. All of these punishments came to an end when Randall Lints had to call the police to his home upon finding Jack unresponsive in his room. At the time that law enforcement officials arrived on scene, Jack was dehydrated and weighed approximately 38 pounds. According to reports, he had allegedly lost 10-15 pounds over the period of a few short weeks. Those weeks happened to include visits from DCF—something that is generating outrage from those on the outside of the situation looking in. If DCF officials, who are supposed to be providing care and safety to children under their supervision, could not detect that something seriously wrong was taking place here then what were they doing?

With each new detail emerging from this case, more and more people are wondering how exactly things went wrong and why they were permitted to travel along this path for such a long period of time. A 7 year old boy who had a bright future according to the educators at his school is now lying unconscious in a hospital bed in very serious condition. The man who was supposed to take care of him and provide for him is behind bars for failing to perform the fundamental tasks all parents should undergo when raising children. And by all accounts, Randall Lints was providing a high level of care and attention to the other children he fathered that were living under the same roof as Jack Loiselle.

The investigation into the matter is still ongoing, and more details about Randall Lints and what took place inside his home are expected to emerge in the upcoming weeks. For now, Lints will remain in jail and Jack Loiselle will continue fighting for his life under supervised care. Michael Hussey and Assistant District Attorney Courtney Sans reached the agreement for bail as well as the terms that will accompany it. Those terms include having no contact with Jack Loiselle or witnesses to the case, no unsupervised visits with any children under the age of 16, wearing a GPS tracking bracelet and complying with DCF service plans.

 

Additional quotes and information may be found at the following links: http://www.wcvb.com/news/hardwick-man-accused-of-starving-abusing-son-in-court/34799032

http://www.bostonherald.com/news_opinion/local_coverage/2015/08/attorney_says_opportunities_missed_in_jack_loiselle_case

 

 

This is a case of “be careful what you ask for”. Many defendants who are being held on bail which they deem unfair desire a hearing at which to appeal said bail.

It’s an understandable and reasonable request. Sometimes, though, an attorney suggests that the timing is not “quite right”. It is often a good idea to listen to such an attorney assuming he or she has some experience in the criminal justice system.

Because sometimes things can go horribly wrong.

Take the example of 42-year-old James Tarjick Jr. of Becket (hereinafter, the “Defendant”) for example. He and his brother were charged with breaking into more than 100 homes in western Massachusetts. He has pleaded not guilty to 24 charges.

His brother, Aaron, is already in prison on unrelated child rape charges.

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Police officers in Lowell, Massachusetts are being credited with breaking up a marijuana distribution ring that had been conducting business across Lowell for months prior to the arrests made last week. Lowell Police arrested two men in connection with the drug ring they had been monitoring closely over a period of time. During the arrests they were also able to recover approximately 62 pounds of marijuana from the suspects.

Accordingly to preliminary reports provided for the case, Lowell Police were able to track down and arrest 29 year old Brian Leduc and 29 year old Kevin Ros after law enforcement officials stopped the vehicle they had been traveling in on Westford Street in Lowell. Police officers believed that the vehicle was being used to distribute marijuana to different locations of the drug ring throughout the city. Shortly thereafter, police officers issued search warrants for the two men and began investigating the vehicle in question. It was at this time that nearby Chelmsford Police brought in one of their K9 police members and the dog was able to successfully identify the presence of illegal drugs inside the car.

Police officers searched the vehicle and found 50 pounds of marijuana inside. Following this discovery, they later searched a residence located at 105 Gates Street and further recovered an additional 12 pounds of marijuana from the home. It was not made clear at this time if the residence on Gates Street had been occupied by either of the two apprehended suspects. Continue reading

The jury selection process has begun for the trial of a 19 year old Vermont man who has been accused of raping a 15 year old girl as part of an alleged tradition at the man’s former prep school. Owen Labrie, of Tunbridge, Vermont is facing several charges in relation to the rape that took place in May of 2014. He has pleaded “not-guilty” to each of these charges.

Labrie’s trial is slated to begin this Monday, with his testimony scheduled to take place on Tuesday at Concord Superior Court. According to news reports being released on this matter, Owen Labrie had been speaking to detectives for quite some time leading up to the start date for his arraignment. In the sworn affidavit produced by detective Julie Curtin, Labrie painted a vivid picture of the disreputable traditions that took place at St. Paul’s School in Concord, New Hampshire. St. Paul’s is an elite boarding school well known for the alumni it has produced in previous years, such as current Secretary of State John Kerry, and actor Judd Nelson to name a few. The revelations provided by Labrie have been shocking to those on the outside looking in—but statements from those involved in the inner workings of the school detail a private knowledge of what had been taking place behind closed doors.

St. Paul’s School has seemingly had a longstanding tradition in which older boys at the school attempt to take the virginity of younger female classmates prior to their graduation from the academy. The tradition, allegedly referred to as the “Senior Salute” has been taking place for an unknown amount of time. The school had started admitting female students in 1971, but the tradition has only been made apparent in recent years to the administrative officials working within the school. According to statements provided by a school counselor who contacted the police after the female victim came forward with her allegations, the victim’s mother indicated that she had prior knowledge of this “Senior Salute” taking place at her daughter’s school. Continue reading

Okay, Sam, you have told us that there is a lot of pressure on the Police Department and other authorities to solve the problem of the multiple shootings from the other night. What what opportunities are you talking about? does that have to do with me?

Well, let’s start with what I have referred to as “good” opportunities.

We have many times discussed the fact that, often, when law-enforcement is trying to build a case, it accepts the word of those who, just the day before, it probably would have preferred see behind bars for the rest of his or her natural life.

Sometimes to a ridiculous extent. But I digress.
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Boston Mayor Martin J. Walsh is pleading with the general public to reduce acts of violence and to help investigating officers acquire necessary information to help solve five separate shootings that took place Wednesday night. Mayor Walsh issued his statement this morning following the alarming news of these shootings that spanned across three different suburbs outside of Boston. The shootings, while unrelated, are equally disturbing in nature. In his emotionally emphatic statement, Mayor Walsh said that “I am extremely saddened and disturbed by the violence that took place overnight in our community; this has to stop.”

In light of recent events unfolding across different areas of Boston, Mayor Walsh has repeatedly called for an end to the ongoing violence. Fatal shootings in Boston have declined since those reported in previous years, but non-fatal shootings are on the rise. Mayor Walsh is working to ensure the safety of his citizens—but so far his efforts appear to be in vain. While Boston police and law enforcement agencies in the surrounding areas are working hard toward eliminating the threat of ongoing violence, the events that took place last night appear to be a setback in their efforts.

At approximately 10:20 PM in the city of Mattapan, three men were shot near 41 Hosmer Street. According to police reports, one of the victims, a man in his 20’s, died from the wounds he suffered in the shooting. The other two men who were shot at this time suffered non-life threatening wounds. No word has been given on whether or not they are cooperating with investigating officers at this time. Continue reading

Busy night last night in the greater Boston area…in terms of shootings.

At last count, five deaths took place. Others were left wounded.

WBUR and WBZ   told me the news earlier this morning.

There were shootings at 12 Ernst Street in Roxbury. Two died earlier this morning. One neighbor told WBZ NewsRadio 1030’s Karen Twomey that the suspect in Roxbury “just came up and started shooting.” Boston police believe the victims in Roxbury were targeted and that the shooting was gang-related.

 

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An attorney from Quincy, Massachusetts believes that one of his clients may have valuable information that could help FBI agents identify the men involved in an art heist that took place at Boston’s Isabella Stewart Gardner Museum in 1990. The attorney George Burke, who formally worked as a district attorney for Norfolk County, has stated that his client believes he can identify one of the men pictured in surveillance footage released from the museum that depicts the heist taking place.

The client, who has respectfully requested to remain anonymous at this time, is an antiques dealer who recognized one of the individuals in the video as someone he knew who also worked with antiques at the time. He has stated that the individual in question had connections to a man by the name of Myles Connor—Connor, a man from Milton, Massachusetts, had been suspected of playing a role in the heist for many years. At the time of the incident however, Myles Connor was already in federal jail for other crimes. He has stated to authorities that while he had originally planned an art heist at the Isabella Stewart Gardner Museum in 1988, he was not the one who hired this crew in 1990. The client of George Burke who was able to identify the man in question contacted his attorney after surveillance footage had been released earlier in the week. The man asked for attorney Burke to release the information on his behalf, stating that he was “…deathly afraid of being killed.” Following this exchange, George Burke contacted the U.S. District to notify Carmen Ortiz of the development. Continue reading

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