Boston Criminal Lawyer Blog

A 39-year-old Massachusetts man is accused of shooting and killing his ex-girlfriend and seriously injuring her two daughters at the home that the four of them shared in Norton. Robert McDermott’s body was found on Monday at the Massachusetts Bay Transportation Authority railroad tracks in Walpole where he shot and killed himself.

Police and prosecutors say that Norton and his former girlfriend kept breaking up and getting back together again and that their relationship was very volatile. The relationship took a fatally violent turn when Norton shot his 44-year-old ex-girlfriend and her two teenage girls.

The girls’ father found his daughters alive in the hallway. They had been shot in the head. He discovered his ex-wife's body in her bed.

McDermott reportedly did not have a license to carry and use a gun. The two girls, ages 15 and 12, are being treated at Children’s Hospital in Providence.

Endabuse.org offers a number of statistics on domestic homicides:

• In 2000, 1,247 women were killed by their intimate partners. 440 men were killed by their intimate partners.

According to the Center for Disease Control and Prevention:

• In the U.S., approximately 1.5 million women and over 800,000 men were assaulted by an intimate partner every year (Tjaden and Thoennes 2000a).

• 1,300 people die and close to 2 million people are injured because of IPV (Intimate Partner Violence) every year (CDC 2003).

• 11% of all murder victims from 1976-2000 were murdered by their intimate partners.

• 24% of the murder victims in 2002 were men killed by an intimate partner. The remaining 76% IPV homicide victims were women.

• The number one weapon used in IPV the gun.

In Massachusetts, the penalties for murder and crimes related to domestic violence, including assault, battery, sexual assault, harassment, stalking, and restraining order violations, can be very severe. This is why it is so important that you hire an experienced criminal defense attorney that knows how properly and successfully defend you against violent crime charges and convictions

Man shoots ex-girlfriend, 2 daughters before killing self, Boston.com, August 27, 2007

Intimate Partner Violence: Overview, CDC.gov

Domestic Violence is a Serious, Widespread Social Problem in America: The Facts, Endabuse.org

Related Web Site:

Domestic Violence, National Center for Victims of Crime

Continue reading "Massachusetts Man Allegedly Murders His Ex-Girlfriend and Critically Injures Her Two Daughters Before Committing Suicide" »

Movie star Lindsay Lohan will serve 10 days of community service, complete a drug treatment program, and serve one day in jail after reaching a plea deal on charges of drunken driving and driving under the influence of cocaine. As part of her deal, she will complete an 18-month alcohol education program and be on probation for 36 months.

The actress had initially been sentenced to 96 hours in jail. Her jail time was then lowered to 90 hours because of the time she served during her arrest.

Lohan issued a statement admitting that she was addicted to drugs and alcohol and was taking responsibility for breaking the law by pleading guilty to the charges made against her.

Earlier Thursday, she was charged with seven misdemeanors connected to two drunk driving arrests over the past four months. Prosecutors did not file more serious felony drug charges because they say there wasn’t enough drugs on her to do so.

Lohan pleaded guilty to two counts of being under the influence of cocaine. She also pleaded no contest to one count of reckless driving and two counts of driving with a blood-alcohol level higher than .08%. The two counts of DUI were dropped.

The movie star was arrested in Santa Monica, California on July 24 and in Beverly Hills on May 26. She tested below the .05 grams necessary to be charged with a felony drug crime both times. She entered rehab after both arrests.

OUI in Massachusetts
In Massachusetts, OUI—operating under the influence—is the charge given to someone who has been operating a motor vehicle under the influence of drugs or alcohol. A person can be charged for OUI if prosecutors can prove that the defendant’s ability to operate a car was impaired by driving under the influence of alcohol or drugs. Field sobriety test results and whether a motor vehicle accident occurred are some of the factors that are taken into consideration. The suspect can also be charged with OUI under the “per se” theory, which factors in the blood alcohol test (a result of .08% or more) and the arresting officers' observations.

The penalties for OUI convictions in Massachusetts:

• 1st Conviction: 2 ½ years maximum jail sentence, license suspension for 1 year, and an up to $5,000 maximum fine
• 2nd Conviction: 2 ½ years maximum jail sentence, license suspension for 2 years, and an up to $10,000 maximum fine
• 3rd Conviction: 5 years maximum jail sentence, license suspension for 8 years, and an up to $15,000 maximum fine
• 4th Conviction: 5 years maximum jail sentence, license suspension for 10 years, and an up to $25,000 maximum fine
• 5th Conviction: 5 years maximum jail sentence, license permanently revoked, and an up to $50,000 maximum fine

Pleading guilty to or being convicted of an OUI charge will stay permanently on your record in Massachusetts.

Lindsay Lohan to serve 1 day in jail in plea bargain, CNN.com, August 24, 2007

Lindsay Lohan Gets Jail in DUI Cases, People.com, August 23, 2007

Related Web Resources:

Read the Complaint from Lindsay Lohan's May 26 Arrest

Massachusetts OUI Basics, Massachusetts DMV.org

Continue reading "Lindsay Lohan To Serve One Day In Jail After Reaching Plea Agreement on Misdemeanor Drunk Driving and Cocaine Charges" »

Atlanta Falcons star quarterback Michael Vick has struck a deal with federal prosecutors that had him pleading guilty to dogfighting charges.

On Monday, Vick pled guilty to felony charges of conspiring to sponsor a dog in an animal fighting venture and conspiring to travel in interstate commerce in aid of unlawful activities.

He faces a minimum of one year in prison. The charges from his indictment come with a $250,000 fine and a maximum of five years in prison--although a plea agreement likely means that he will not receive the maximum sentence.

The NFL (National Football League) will also announce its own punishment for the football star. It has already barred Vick from attending the Falcons’ training camp. He will likely receive his sentencing at the end of November.

Three co-defendants have pled guilty also. They say that Vick “almost exclusively funded” the dogfighting/gambling venture. Quanis L. Phillips, one of the co-defendants, said that last April, he, Vick, and Purnell A. Peace (another co-defendant) killed eight dogs by drowning them or hanging them because they were not performing well during the fights.

Vick’s involvement in underground dogfighting has led to problems with some of his endorsement deals. Reebok stopped selling jerseys with his No. 7 on them, and Nike suspended an endorsement deal it had signed with Vick. At least two trading card companies are no longer making his card.

Last April, government officials raided a property in Surry County, Virginia that belonged to Vick. They found carpeting that was soaked in blood, modified treadmills that are used for canines, and 52 pit bulls. Vick, Tony Taylor, Quanis Phillips, and Purnell Peace were indicted on July 17.

Federal Crimes
Federal crimes are crimes that have been declared crimes by the U.S. Congress and not just by state bodies. Federal agencies are the ones involved in investigating a federal crime.

According to the Humane Society, dogfighting is against the law in every state and considered a felony crime in 48 of the states. Taking dogs across state lines so that they can participate in dogfighting is considered a federal crime.

Last month, Massachusetts Senator John Kerry introduced a bill to eliminate dogfighting in the United States. His bill would amend the Animal Welfare Act and upgrade existing federal dogfighting laws by:

• Removing the requirement that agents and prosecutors have to show that a dog crossed state lines to participate in a fight
• Making it a federal crime to attend a dogfight as a spectator
• Making it illegal to transport, sell, own, or train fighting dogs
• Enhancing the penalty from three years to five years in prison

Falcons' Vick Indicted In Dogfighting Case, Washington Post, August 18, 2007

Vick pleads guilty to dog-fighting charges, The Guardian Unlimited, August 21, 2007

Dogfighting Fact Sheet, The Humane Society

Kerry Bill Bans Dogfighting, John Kerry.com

Related Web Resources:
Read Senator Kerry's Bill (PDF)

Vick in a Deal to Plead Guilty to Dogfighting, New York Times, August 21, 2007

Animal Welfare Act and Regulations

Continue reading "Falcons Quarterback Michael Vick Pleads Guilty to Dogfighting Charges Nearly One Month After Massachusetts Senator Kerry Announces Efforts to Ban Dogfighting in the US" »

The Barnstable County grand jury is refusing to indict Ann Gryboski, a 51-year-old Cape Cod doctor, in the shooting death of her husband Patrick Lancaster. The jury cited evidence of domestic violence (both psychological and physical) after hearing testimony from 27 witnesses. Prosecutors have decided to drop the case.

Gryboski had been released on bail after she pled not guilty in April to murdering her husband. She showed up in court then with bruises around her mouth and swollen eyes. Her attorney has maintained that she acted in self-defense and to protect her son against her husband.

Gryboski had confessed to police that she killed Lancaster, who was a charter boat owner and builder, at their home on Easter. She says she had tried to intervene during an argument between her husband and one of their sons, who had asked his father about the bruises on her face.

She says that the night before she shot Lancaster, he had punched her repeatedly while she drove a motor vehicle. Their two-year-old grandchild was riding in the back seat.

Gryboski says she fired two shots at him as he approached her on Sunday.

Doctors who examined her after the murder found she was suffering from facial trauma and head trauma, in addition to a mild corneal abrasion and a chipped tooth. They also found that she previously had a nasal injury.

Justifiable Homicide:

A defendant is not considered guilty of murder/attempted murder/manslaughter/attempted voluntary manslaughter if he or she had justifiable cause to kill or try to kill someone as an act of self-defense or to defend someone else. A murder can also be considered justifiable homicide if it was done to prevent another serious crime from being committed or as part of one's duty as a soldier or police officer.

Just because you have been charged with a crime does not mean you will be found guilty. A good criminal defense lawyer can build a solid defense for you and ensure that you are not unfairly convicted for a crime.

Prisonactivtist.org offers a number of facts about women as victims of domestic violence, including:

* Each day in the U.S., between 5 and 11 women are killed by a male intimate partner, between 1800 and 4000 per year.

* In the U.S. women are more likely to be killed by their male intimate partners than all other homicide categories combined.

* 90% of women murdered are killed by men, men who are most often a family member, spouse or ex-partner.

*Studies show that the vast majority of women who kill their abusers do so as a last resort in defense of their own lives and/or the lives of their children, and that many have stayed with abusive partners because they have been beaten trying to escape or because they rightly feared an attempt at escape would cause their partner to retaliate with violence.

*Between 2.1 and 8 million women are abused by their partners annually in the U.S. At least every 15 seconds, a woman is beaten by her husband or boyfriend.

*The Surgeon General has reported for at least 10 years that battering is the single largest cause of injury to U.S. women.

Grand jury declines to indict Cape Cod doctor in husband's death, Boston.com/AP, August 17, 2007

Justifiable Homicide: Self-Defense or Defense of Another, Justia.com

Self-Defense is Not a Crime, Prisonactivist.org

Related Web Resource:

Dr. Ann Gryboski Arrives at District Court, Hyannisnews.com, April 9, 2007

Continue reading "Massachusetts Prosecutors Drop Charges Against Cape Cod Doctor In Fatal Shooting Of Her Husband" »

A man believed to be the sexual predator in the Beacon Street attack on a female
is also wanted for questioning in at least two other sex attacks in Boston.

The State Police Crime Lab have found forensic evidence that they believe also links the suspect to a July 2006 sexual assault case in Boston and a June rape case involving a woman Esplanade jogger.

On July 29, a woman was robbed at knifepoint and sexually assaulted early in the morning at the Charles River Esplanade. The victim of the June attack was a woman jogging close to the Massachusetts Avenue bridge.

There are different kinds of sex crimes that a person can be arrested for in Massachusetts, including:

• Sexual assault
• Date rape
• Rape
• Statutory rape
• Child molestation
• Prostitution
• Human sex trafficking
• Child pornography possession
• Child pornography distribution

Any person convicted of a sex crime will have to register as a sex offender for the rest of his or her life. A sex offender is anyone living in Massachusetts who has a sex conviction on his or her criminal record or has received an adjudication for a sex crime as a juvenile. This registry is accessible to the public.

Rape is considered first-degree sexual assault. A person can be charged with rape if alcohol or drugs were involved and the alleged victim says that he or she did not give their consent to the sex act because their ability to say no was impeded by narcotics or alcohol. Non-consensual sex that takes place under the threat of injury or violence or accompanied by physical force can also lead to a rape charge.

Statutory rape involves sexual intercourse with a minor (a person under 18 years of age). 18 years of age is considered the age of consent, and an adult who has sexual intercourse with a minor (even if the minor agreed to the sex act) can be charged with statutory rape.

Serial sex predator in Boston, Bostonnow.com, August 8, 2007

Woman assaulted, robbed on Esplanade, Boston.com, July 30, 2007

Related Web Resources:

Obtaining Information About Sex Offenders, Mass.gov

Massachusetts Law About Sex Offenders

Continue reading "Massachusetts State Police Search for Alleged Serial Sex Predator in Boston" »

A 20-year-old homeless man says he is not guilty of the first degree murder of his 6-year-old cousin. The little girl, Joanna Mullin, was found naked and dead and wrapped in a blanket in the SUV that the man, Ryan Bois, was riding in when police apprehended him after a high-speed chase. Her body was wedged in the Ford Explorer’s backseat floor where police discovered it after Bois crashed his motor vehicle into a taxi. He then left the accident scene on foot and threatened police with a knife.

Bois pleaded not guilty to assault and battery with a dangerous weapon against a law enforcement officer, murder, possession of heroin during arrest, and multiple motor vehicle violations.

He was arraigned on Monday at Quincy District Court and was ordered to remain in custody without bail. A psychiatric evaluation of Bois will take place at Bridgewater State Hospital.

When a person is tried for a crime in Massachusetts, a jury can only issue a not guilty or a guilty verdict. A not guilty verdict doesn’t necessarily mean the person is innocent; it means that the state of Massachusetts did not persuade the jury that the defendant was guilty of the crime beyond a reasonable doubt.

In a first degree murder case, the prosecution has to prove that the defendant purposely and maliciously and illegally killed the victim. If the attorney for the defense can prove that the defendant did not maliciously kill the victim (even if the defendant killed the victim accidentally or as an act of self-defense), then the defendant is not guilty of first degree murder the way the state has defined it.

Other reasons that a jury might not find a person guilty of committing a crime:

• The defense can prove that the defendant did not commit the crime.
• The victim cannot properly identify the attacker.
• Tests proving guilt are deemed inadmissible during trial.
• The defense has a convincing alibi.
• The defendant is found not guilty by reason of insanity.

Man Charged with Murder in Death of Young Cousin, Boston.com, August 6, 2007

Not Guilty Does Not Mean Innocent,Massachusetts Bar Association

Related Web Resources:

Violent Crimes Overview, Justia

Homicide Trends in the United States, U.S. Department of Justice

Continue reading "Homeless Man In Massachusetts Says He is Not Guilty of 6-Year-Old Cousin’s Murder" »

Authorities in Massachusetts are still looking for the person that murdered Danielle Grady, the Roxbury woman that was shot to death outside an apartment building on Saturday on Dunkeld Street in Dorchester. Earlier news reports had speculated that she was gunned down because she had witnessed an earlier murder, but Suffolk District Attorney Daniel F. Conley says that Grady was not an official witness in any upcoming homicide trial.

A man wearing a black hooded sweatshirt allegedly fired at least 11 rounds of bullets at Grady, who was seated inside a parked Mazda, at around 3:15 on Saturday morning.
The Roxbury resident was struck by bullets at least nine times during the attack.

Investigators did their best to preserve the crime scene by taking the Mazda, which was filled with bullets, back to the crime lab at the Boston police headquarters with Grady’s body still in the back seat where she died. Police are looking for possible motives for her killing.

Her boyfriend, Jeffrey Jones, was gunned down in a similar manner while in a car on Shandon Road in Dorchester in July. Jones’ friend, Jarrid Campbell, was also killed in the shooting crime. Friends say that Grady was not at the scene when the murders took place.

On the afternoon after Grady's murder, a blue minivan drove by the murder scene where Grady was killed and fired gunshots into the area. The Youth Violence Strike Force apprehended the van in Dorchester. Four suspects were apprehended following a chase on foot and two guns were recovered.

Massachusetts is one of the states with the toughest laws regarding gun and weapons possession. Illegal possession of a firearm can lead to a mandatory jail time of eighteen months if you are convicted. This minimum sentence requirement can also be extended if this is not your first conviction.

A person can also be convicted with unlawful firearm possession if you are apprehended with a gun and you do not have a FID (firearms identification) card.

A person can also be charged with unlawful possession of an illegal weapon if they are apprehended carrying certain kinds of knives, metallic knuckles, a blowgun, a nunchaku, kung fu sticks, a manrikigusari, or other kinds of weapons.

Victim was not a witness, DA says, Boston.com, August 7, 2007

Assassins’ bullets hit home, Boston Herald.com, August 7, 2007

Gunman slays Roxbury woman: Police say victim witnessed an earlier murder, Boston Herald, August 5, 2007

Related Web Resources:

Massachusetts Law About Guns and Other Weapons, Massachusetts Trial Court Law Libraries

Homicide, Norfolk District Attorney's Office

Continue reading "Police in Massachusetts Are Still Searching for Gunman that Murdered Roxbury Woman " »

A South Boston man who was arrested last month for buying OxyContin apparently worked for the city driving tow trucks for close to three years even though he didn't have a driver’s license.

William E. Morin Jr's driver's license had been suspended from March 2000 until November 2003. He was hired by Boston’s Transportation Department to drive tow trucks in April 2000 even though his driving record showed that his license was suspended for not paying fines for a seatbelt violation in Dedham and a speeding ticket in Westborough. His license was reinstated in November 2003.

There are unpaid fines for the suspension but Morin says he did not know that his license was suspended.

Last March, the city of Boston promised to review the driving records of all its heavy equipment operators after the Boston Glob reported that the city regularly let workers drive heavy motor vehicles even if they had violations on their driving records. Violations ranged from reckless endangerment to drunk driving violations to running red lights to causing accidents to disobeying police to license suspensions. The Boston Globe say the 178 heavy equipment operators they investigated collectively had some 834 citations on their personal driving records.

Morin’s license has been suspended three other times. The first time was in 1989 when he failed to show up in court after getting a speeding ticket in Quincy. The second suspension was in 1990 when he did not appear in court after getting a traffic ticket in Weymouth. His license was suspended from March 1991 to October 1993 for not showing up in court after getting a speeding ticket in Middleborough. He almost got his license suspended again in December 2003 and December 2005. He paid the fines, however, and showed up when required, so license was not suspended both times.

Even if you are a second- or third-time offender of traffic violations, it is essential to protect your driving record. An experienced traffic violations attorney can defend you against charges for:

• Unpaid tickets
• Driving without insurance
• Speeding tickets
• Driving without a license
• Driving with a suspended license
• Driving with a license that is expired
• Reckless driving
• Hit and run
• Leaving the accident scene
• Arrest warrants for traffic violations

Morin was arrested on July 20 while leaving the house of a suspected drug dealer in South Boston. Police say he was carrying 14 OxyContin pills in his pocket. Police let him participate in what they say was another drug transaction before apprehending him. Morin was wearing his uniform and driving a city motor vehicle when he was charged with drug possession with intent to distribute OxyContin within 1000 feet of a school zone.

Possession and distribution of drugs is illegal and the punishments for a drug conviction in Massachusetts are severe. Drug charges in Massachusetts can be prosecuted at the federal or state levels. The amount of drugs involved, whether there was the intention to distribute or sell the drug, and whether any weapons were involved are just some of the factors that must be taken into consideration when determining drug charges.

A good criminal defense lawyer can defend you against drug charges.

City hired driver without license, Boston.com, July 31, 2007

Related Web Resources:

Mass. Law About Traffic Violations

Drug Policy Forum of Massachusetts

Continue reading "Massachusetts Man Arrested in Drug Bust Worked as Heavy Equipment Operator in Boston Without Driver’s License for Years" »

A federal district judge has ordered the federal government to pay $101.8 million for the framing of four men for a 1965 gangland murder that they did not commit.

Two of the men who were wrongfully convicted, Louis Greco and Henry Tameleo, died while in prison. The other two men, Joseph Salvati and Peter Limone, were exonerated six years ago. Salvati had been on parole since 1997 while Limone was set free after serving 33 years in prison.

Judge Nancy Gertner said that FBI officials let employees “break laws, violated rules, and ruin lives” by wrongfully convicted them four men.

The men were exonerated after FBI memorandums were found that had not been submitted during trial. The memos indicated that the U.S. government’s main witness, mob hit man Joseph Barboza, had lied when he accused the four men of killing mobster Edward Deegan and that officials knew he was lying.

Barboza was allegedly protecting the actual murderer and FBI officials supposedly played along with him because, per the memo’s suggestion, Barboza had helped them solve other crimes and the real killer, Vincent Flemmi, was an informant.

Flemmi passed away in prison. He had been serving time for an unrelated case.

Limone was awarded $26 million. Mr. Salvati received $29 million. Mr. Tameleo’s estate received $13 million, and Mr. Greco’s estate received $28 million. The spouses and other family members of the four men also received money.

Limone accused the federal government of stealing 33 years of his life. He was 33 and the father of four young kids when he was arrested. He served several years on death row until Massachusetts got rid of the death penalty. Limone’s attorney said there was evidence proving that Barboza fingered his client because he refused to fire a waitress that Barboza had been romantically involved with.

Tameleo’s wife died while he was in prison. Greco’s wife became very depressed following his arrest and one of his sons killed himself after his father died.

Salvati’s attorney said that his client owed a $400 loan shark debt, which is why Barboza accused Salvati of committing murder.

In Massachusetts, the death penalty no longer exists. Life in prison without parole is the only penalty for first-degree murder.

Here is a list of other wrongful murder convictions that have taken place in Massachusetts.

U.S. Must Pay $101.8 Million for Role in False Convictions, NY Times, July 27, 2007

Resources for Keeping the Death Penalty out of Massachusetts

Related Web Resource:

Massachusetts Wrongfully Convicted, Northwestern.edu

Continue reading "Four Men Were Wrongfully Convicted in Massachusetts, and a Federal Judge Orders the US Government to Pay $101.8 Million" »