Boston Criminal Lawyer Blog

The defense attorney for Magician David Copperfield say that a Grand Jury leak in the celebrity’s rape investigation case has undermined the investigation and unfairly defamed his client’s reputation.

A 21-year-old Washington State woman is claiming that the 51-year-old magician raped her over a 2-day-period at his 150-acre resort in the Bahamas. She also is accusing him of striking her and threatening her before placing her on an airplane.

The 51-year-old magician has not been charged with any crime. The leak, however, could contaminate any jury pool if he is charged, and destroy his reputation.

The woman claims that a member of Copperfield’s entourage approached her and her family at one of the magician’s performances on the West Coast. They were given special seats and she was invited onstage during the performance.

She claims Copperfield invited him to his Bahamas retreat. When she returned from her trip, she filed a police report and was examined at a sexual assault center.

The FBI has searched a Las Vegas casino hotel room and the magician’s warehouse. They confiscated a computer hard drive and a digital camera.

Copperfield’s attorney denies that he raped anyone.

A rape charge is considered a very serious criminal offense.

Celebrity Trials
When a celebrity is charged with a crime, the case is usually very high profile and attracts a great deal of media attention. Some analysts express concerns that celebrities convicted of crime get special attention and that the public and juries can’t help but have biased feelings about a celebrity defendant.

Usually, defense attorneys will have to work extra hard to prove that their celebrity clients are not guilty. Any leaks could taint any potential jury pool. Criminal investigations and trials involving celebrities tend to be very costly for everyone involved and even if a celebrity defendant is exonerated, the damage to his or her reputation or career may be irreparable.

Whether you are a celebrity or a private citizen accused of committing a crime, you should hire an experienced criminal defense attorney that can properly defend you against any charges.

Leak Complicates Copperfield Case, CBS News, October 30, 2007

At Celebrity Trials, the Spotlight Is Sharp but Shifting, New York Times, January 29, 2005

Related Web Resource:

Sexual Assault & Rape, Mass.gov

Continue reading "David Copperfield Says Grand Jury Leak in Rape Investigation Undermines Case " »

A Massachusetts man was arrested in connection to yesterday’s deadly home invasion in Winchester that left one man dead and the other seriously injured in what is being called a “targeted” gun attack and robbery.

Wally Jacques Simon, a 30-year-old Medford man, was arrested soon after in Boston. At his arraignment at Woburn District Court yesterday, Simon, was charged with armed assault with intent to murder and home invasion.

In the attack, 50-year-old Christopher A. Barbaro was killed after he was shot in the head. Barbaro’s 48-year-old brother Bryan sustained gunshot wounds to the chest and was robbed. This is the first homicide in Winchester in the last five years.

Massachusetts is one of the few US states with a home invasion statute. Home invasion can be committed when a person enters a home that is occupied by another person without permission to intentionally commit a crime. A person can even be arrested for home invasion by merely threatening to commit this crime.

Chapter 265: Section 18C. Entry of dwelling place; persons present within; weapons; punishment

Section 18C. Whoever knowingly enters the dwelling place of another knowing or having reason to know that one or more persons are present within or knowingly enters the dwelling place of another and remains in such dwelling place knowing or having reason to know that one or more persons are present within while armed with a dangerous weapon, uses force or threatens the imminent use of force upon any person within such dwelling place whether or not injury occurs, or intentionally causes any injury to any person within such dwelling place shall be punished by imprisonment in the state prison for life or for any term of not less than twenty years.

Simon has pleaded not guilty to the charges. His bail was set at $250,000.

Man arrested in fatal home invasion, Boston Herald, October 25, 2007

Chapter 265: Crimes against the Person, General Laws of Massachusetts

Related Web Resource:

Home Invasionhttp://www.altmanllp.com/index.html, Massachusetts District Attorneys Association

Continue reading "Medford Man Arrested for Murder and Home Invasion in Massachusetts" »

Anna Tang, a 20-year-old Wellesley College student is being held without bail following her arraignment today at Massachusetts’s Cambridge District Court in the stabbing of her ex-boyfriend, a 19-year-old student at the Massachusetts Institute of Technology.

Tang is charged with home invasion and armed assault with intent to murder. The Middlesex district attorney’s office says that the MIT student woke up in his dorm room and found Tang stabbing him multiple times.

The couple had dated romantically several months and broke up three weeks ago. At that point, the relationship allegedly turned violent. Tang allegedly sent her ex-boyfriend threatening e-mails and then stabbed him this morning after breaking into his room. She was apprehended soon after. Her jacket was had blood all over it and she had a black folding back knife in the backpack she was carrying.

The victim is at local Boston hospital where he is being treated for his injuries.

Supporters of Tang have called her “meek and mild mannered.” Tang’s dangerousness hearing is scheduled for October 30.

Dangerousness Hearing
In Massachusetts, a dangerousness hearing is set up to determine whether letting a defendant out of jail on bail would be dangerous to others in the community. A large bail amount can be imposed if the person is considered dangerous. A judge can also order that a defendant be held without bail until the trial if there is no way to guarantee that others are safe if the defendant were set free. A person released on bail can also be remanded into custody until the trial if he or she violates any conditions of release.

In Massachusetts, a conviction of assault with the intent to murder means that the defendant acted with malice and actually intended to murder the victim. With this type of charge, the prosecution must prove that the defendant actually meant to commit murder. The maximum prison sentence for this type of crime is 10 years.

Wellesley student accused of stabbing former boyfriend at MIT, Boston.com, October 23, 2007

Related Web Resoures:
Enforcement of Orders; Criminal Proceedings, The Massachusetts Court System

Chapter 4. Criminal Complaints, MassLegalHelp.com

Continue reading "Female Wellesley Student in Massachusetts is Charging in Stabbing of Ex-Boyfriend at MIT Dorm" »

The life sentence of a dying convicted killer has been vacated in Massachusetts because the judge that oversaw the case had closed the courtroom to the public during jury selection for the trial. US District Court Judge Nancy Gertner issued her decision after recently finding out that the Dwayne Owens’ right to a speedy and quick trial had been violated when federal Judge William G. Young cleared the courtroom of viewers so there could be space for the 72 potential jurors.

By making this portion of the jury selection process private, Judge Young violated Owens’ sixth amendment rights.

The Sixth Amendment of the Us Constitution’s Bill of Rights says that:

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

Owens, 44, had been convicted to life in prison for the 1992 Halloween murder of Rodney Belle. Owens, who is now confined at home and wears an electronic bracelet on Judge Gertner’s orders, has terminal lung cancer. It is uncertain whether Owens will be retried for the murder again because he is dying.

Belle, a father of five children who was 30 at the time of the slaying, was in Mattapan, Massachusetts when he was shot 21 times. 4 of the shots were fired directly into his head. According to federal prosecutors, Owens, a well-known New England cocaine czar at the time of the murder, thought Bell had set him up to have his drugs stolen.

Owens, who was convicted in 1997, had served 10 years of his life sentence.

Dying killer freed due to judge error, Boston Herald, October 22, 2007

Amendment VI, US Constitution: Bill of Rights, Cornell University Law School

Related Web Resources:

United States v. Dwayne Owens, Appellant, United States Court of Appeals for the First Circuit Court

Drug kingpin may get new trial, Boston.com, April 14, 2007

Continue reading "Convicted Killer Set Free in Massachusetts Because Judge Violated Sixth Amendment " »

Jane Berghold, the 76-year-old breast cancer patient who crashed her car into a Brockton Hospital earlier this week, has been charged with motor vehicle homicide. Dr. Mark Vasa, the head of radiation therapy, and Susan Plante, a hospital worker, died in the crash. Two other people were injured.

The Plymouth DA’s Office is charging Berghold, a Rockland, Massachusetts resident, with two counts of motor vehicle homicide by negligent operation and one count of operating to endanger. Her license has also been revoked indefinitely.

Berghold says that she tried to stop the car by stepping on the brakes. Brockton police and Massachusetts police are both investigating the accident to determine if the brakes or anything else on the 1991 Oldsmobile was experiencing mechanical problems or was defective. They are also looking into whether Berghold was driving under the influence of alcohol or drugs when the accident occurred.

In Massachusetts, there are three types of motor vehicle homicide offenses that a person can be convicted for. Felony motor vehicle homicide occurs when a driver under the influence of alcohol or drugs is operating to endanger and another person is killed in a motor vehicle crash because of this.

Misdemeanor motor vehicle homicide occurs when a driver is drunk driving and another person dies as a result or when a person driving carelessly or negligently (operating to endanger) causes a fatal motor vehicle crash.

A criminal defendant convicted of misdemeanor motor vehicle homicide can face up to two and a half years in prison and/or be ordered to pay a fine as high as $3,000. A driver convicted of felony motor vehicle homicide can be ordered to spend up to fifteen years in prison and pay a fine as high as $5,000.

Vehicular homicide is a serious offense. Even if you did not mean to cause the fatal accident and would never voluntarily commit any kind of crime, you could be convicted and sent to prison because other people died in a motor vehicle crash that is considered you fault.

Driver in hospital crash charged in deaths, Boston.com, October 19, 2007

Related Web Resource:

A Brief Overview of Massachusetts Homicide Law, Norfolk District Attorney's Office

Elderly Woman Drives Car Into Hospital, Killing Doctor, Secretary, Foxnews.com, October 16, 2007

Continue reading "76-Year-Old Massachusetts Driver Charged With Vehicular Homicide in Brockton Hospital Crash " »

Massachusetts Senator Richard Moore has resumed efforts to hold drivers that fall asleep at the wheel accountable for their actions. He recently re-submitted a bill that would make sleeping while driving a more serious criminal offense.

Senator More first submitted “Rob’s Law” three years ago. The legislation followed the death of US Army Major Robert Raneri, who died in a 2002 motor vehicle crash when a teen driver who hadn’t slept for 24 hours crashed into Raneri’s vehicle. The driver got his license suspended for 10 years and served 5 years probation for Raneri’s death.

The National Sleep Foundation conducted a national poll in 2005. The poll found that 37% of adult drivers have fallen asleep while driving. 11 million people say they were nearly involved or were involved in a car crash because they lacked sleep.

Senator Moore wants a driver to potentially be charged with vehicular homicide if he or she causes a car accident while having been asleep at the wheel. A person convicted of vehicular homicide in Massachusetts could pay fines as high as $5,000 and as much as 15 years in prison. Sleeping drivers who injure other drivers on the road would also be held accountable with stiffer criminal sentences.

Rob’s Law stipulates that a sleep disorder expert be a member on the Registry of Motor Vehicles’ medical advisory board. Police would be able to bring sleep drivers into protective custody. Police would also be trained in monitoring drowsy drivers on the road.

Critics of the bill are not confident in the police’s ability to accurately figure out whether or not exhaustion or sleep was the reason a driver caused a car collision.

Drowsy driving is most likely to occur when:

• The driver is in the car alone.
• The driver is driving late at night.
• The driver is sleep deprived or exhausted.
• The driver is driving on a road where there aren’t many other cars.

Signs you might be sleepy while you are driving:

• You are having problems focusing on the road
• You keep yawning
• Your head keeps bobbing down
• You feel sleepy
• Your car keeps driving into the next lane
• You can’t remember where you’ve been for the past few minutes

Bill would punish sleepy drivers, The Milford Daily News, October 14, 2007

Driving on the Edge -- A Mobile Society on Too Little Sleep, Prescription for Sleep

Related Web Resources:

Massachusetts Senator Moore address at Sleep and Health Benefit Dinner, Sleep Medicine: Division of Harvard Medical School

National Sleep Foundation

Continue reading "Massachusetts Senator Richard Moore Pushes for Law to Punish Sleeping Drivers Involved in Car Accidents" »

Two co-defendant in the OJ Simpson armed robbery case have struck a plea agreement that reduces the criminal charges against them. As part of their respective agreements, Walter Alexander and Charles H. Cashmore will testify against the former football hero and other co-defendants in the case.

Cashmore has agreed to plead guilty to an accessory to robbery charge. His arraignment will take place on October 23. Cashmore’s defense attorney claims that his client met Simpson just minutes before the alleged armed robbery took place and did not know what he was getting involved in. Cashmore is expected to testify that guns were involved in the September 13 robbery. He could face up to five years in prison.

Cashmore had originally been arraigned on nine gross misdemeanor and felony charges, including armed robbery, kidnapping, conspiracy, and assault with a deadly weapon. If Cashmore had been convicted on just the kidnapping charge, he would have had to serve a criminal sentence of life in prison without parole.

Cashmore already has a previous misdemeanor conviction in a 1996 embezzlement case in Utah, for which he served probation.

Alexander has agreed to plead guilty of conspiracy to commit a robbery, which is a felony crime. He faces up to six years in prison.

Simpson and several others were arrested for their alleged participation in an armed robbery cases involving sports memorabilia at a Las Vegas hotel room at the Palace Station hotel casino. Simpson says he was not robbing anyone but merely collecting items that belonged to him and had been stolen. He has denied that any weapons were used.

Other co-defendants in the case are Clarence Stewart, Charles Ehrlich, and Michael McClinton.

Second co-defendant to testify against Simpson, CNN, October 15, 2007

2nd O.J. Simpson Co-Defendants to Plead, AP, October 15, 2007

Related Web Resources:

Massachusetts Sentencing Guidelines Grid

OJ Simpson, Court TV News

Continue reading "Two Co-Defendants In OJ Simpson Armed Robbery Case Strike Plea Agreements and Will Testify Against Former Football Star" »

Police in Massachusetts say that they plan to charge a number of Templeton middle school kids in the brutal attack of an 11-year-old autistic boy. The boy, who has a form of autism known as Asperger’s Syndrome, was beaten last month after he got off his school bus. The juvenile crime was filmed on video.

The video shows the fifth grader struggling to fight back. There is also footage of the boy being shoved into a mailbox and his hand getting cut. He was pushed, shoved, and kicked. The mother of the boy who was holding the camera claims that her son didn’t know that his friends were going to attack the fifth grader.

The three boys and two girls accused of attacking the 11-year-old are students at Narragansett Middle School. The school has suspended them. Criminal charges will be filed against them in juvenile court.

Bullying can involve indirect abuse (excluding or alienating someone socially), physical abuse, such as hitting, beating, tripping, kicking, and damaging or taking belongings away, verbal abuse, such as name calling, teasing, spreading rumors, and making threats, and cyberbullying, which is bullying that takes place over the Internet.

The Massachusetts Citizens for Children defines bullying as “behavior intended to hurt others and is repeated over time.” Bullying has also been called peer harassment or abuse. In the past, bullying has been viewed as a typical rite of passage among kids and teenagers. However, a line can be crossed that can turn an act of bullying into a juvenile or an adult crime. There also may be instances when children that are bullied may feel compelled to fight back or protect themselves with a knife or a gun.

A bully victim can be susceptible to emotional and social problems, poor attendance, poor grades, substance abuse, and physical injuries caused by bullying.

Bullying can lead to gang violence, physical assault, and murder.

More than half of boys (in grades 6-9) that were considered bullies committed at least one crime by the time they turned 24. 40% of them had at least three criminal convictions by age 24. 3 out of 10 juveniles are bullies or victims of bullying.

When bullying escalates to become a crime committed either by a bully or a bully victim, a juvenile may face criminal charges in Juvenile Court. He or she may even face criminal charges as an adult if the crime is very serious.

Attack On Autistic Boy, 11, Videotaped, WCBVBoston.com, October 8, 2007

What Effect Does Bullying Have on Children?, Massachusetts Citizens for Children

Bullying Prevent is Crime Prevention, Fightcrime.org

Related Web Resources:

Bullying and Intimidation, the National Crime Prevention Council

Student Reports of Bullying, US Department of Education

What is Cyberbullying?, Stop Cyberbullying

Continue reading "5 Massachusetts Middle School Kids Face Juvenile Crime Charges in Attack of 11-Year-Old Autistic Boy" »

TV actor Kiefer Sutherland has pleaded no contest to charges of drunk driving. The star of the TV show “24” will start serving a 48-day jail sentence in December when his show goes on a production break.

As part of his plea deal, Sutherland 18 days of those 48 days are for violating his probation for an unrelated drunk driving arrest in 2004. 30 days are for driving with a blood-alcohol level higher than California’s .08% limit. Sutherland also has been ordered to take part in alcohol-therapy sessions every week for six month, as well as sign up for an 18-month alcohol education course. . A related, misdemeanor DUI charge was dropped.

The TV actor is on probation for five years. He faces driving suspension and has to pay fines.

Sutherland will serve the 18-day part of his sentence beginning December 21. He has until July 28 to serve the last 30 days. The terms of the plea agreement allow him to serve time in jail in a manner that will not interrupt the show “24”’s shooting schedule. Sutherland’s representatives say he struck this deal with prosecutors because he did not want production to shut down while he was on trial or served time in jail—possibly affecting the livelihoods of the production members and other actors on the show.

“No Contest” Plea
A “plea” is the response of a defendant to criminal charges made against him or her. A defendant usually gives the plea during an arraignment right after the prosecution formally charges the defendant with the crime(s). A defendant can plea “guilty”, “not guilty,” and “no contest.”

A “no contest” plea means that defendant is formally accepting the punishments for the charges but is not officially acknowledging guilt. Pleading “no contest” is inadmissible as evidence of guilt if there is a related civil lawsuit, which can be a benefit to the defendant.

A “no contest” plea differs from a “guilty” plea. The defendant that pleads guilty is admitting that he or she is guilty of the charges.

“No contest’ and “guilty” pleas are often accompanied by a plea bargain. A plea bargain usually allows a defendant to receive a less severe sentence or have certain charges dropped. A plea bargain also minimizes the financial costs and publicity fallout from a criminal case—the latter of these two can be very important if the defendant is a celebrity, politician, or another famous figure. A plea bargain allows a defendant to avoid the stigma and unwanted scrutiny of a trial, as well as the uncertainty of the outcome.

Sutherland Pleads No Contest in DUI Case, AP, October 9, 2007

Related Web Resources:

Kiefer Sutherland charged with drunk driving, Los Angeles Times, September 28, 2007

Massachusetts Law about Drunk Driving

Continue reading "Actor Kiefer Sutherland Pleads No Contest to Drunk Driving Charges" »

Recent statistics provided by the Massachusetts Department of Education show that from 2005-2006, 4,750 reported acts of violence occurred among middle school students. Crimes committed included robbery, sexual assault, violent threats, drug offenses, tobacco offenses, alcohol offenses, and sexual harassment. The report says that 383 weapons were discovered.

Recent crimes involving middle schools in Massachusetts:

• A student in Marlborough brought a knife to school and was suspended.
• A Tewksbury school received a bomb threat.
• A pellet gun was found at a Waltham school.
• Two knives were discovered in student lockers at another Waltham school.

Also, this week, the Boston Globe reported that 28,000 high school students in Massachusetts have been involved with gangs over the past year.

Gang Violence
Gangs are usually a group of young adults and teenagers that take part in illegal, violent, or criminal activities. Nationally, there are over 24,500 known youth gangs with over 772,500 members.

Common reasons for joining gangs include the need to belong, make money, feel protection, experience excitement, and acquire status.

If your son or daughter has been arrested in Massachusetts for allegedly committing a crime, you should speak with an experienced criminal defense attorney that knows how to successfully handle juvenile crimes. A child or young adult can get easily intimated when being questioned by police or other law enforcement officials. Your son or daughter may even be pressured into giving incriminating testimony that can be used to his or her disadvantage. It is important to remember that your child has the right to remain silent and be properly represented by an experienced criminal defense attorney that is looking out for his or her best interests. This is why you should speak with a defense lawyer that offers juvenile defense right way.

Some of the many crimes that juveniles can be arrested for:

• Assault and battery
• Vandalism
• Trespassing
• Making threats
• Drunk driving
• Other motor vehicle offenses
• Rape
• Sexual assault and battery
• Prostitution
• Indecent exposure
• Lewd behavior
• Weapons possessions
• Breaking and entering
• Robbery
• Shoplifting
• Drug possession
• Distribution of a controlled substance
• Hate crimes
• Disorderly conduct
• Disturbing the peace
• Stalking
• Perjury
• Resisting arrest
• Homicide

Being charged with or convicted for committing a crime can be a very traumatic experience for a juvenile and can affect the rest of his or her life.

Gang violence still an issue in Boston and local cities, Tuftsdaily.com, October 3, 2007

Spike in violence in middle schools raises concerns, Boston.com, October 2, 2007

Youth Gangs, National Youth Violence Prevention Resource Center

Continue reading "Juvenile Crimes and Gang Violence are Issues in Boston and Other Massachusetts Cities " »

The FBI has issued its annual Uniform Crime Report. For the state of Massachusetts, the FBI reported that the following cities had the highest number of reported violent crimes:

Boston: 7,533 violent crimes
Worcester: 1,496 violent crimes
Springfield: 2,260 violent crimes
New Bedford: 1,143 violent crimes

Not every Massachusetts city contributed data to the report. In the Metro South area, the cities with the highest number of violent crime reports included:

Quincy: 305 violent crimes
Randolph: 156 violent crimes
Taunton: 290 violent crimes

Also, according to the FBI, violent crimes increased nationally by two percent. Murders in big cities across the U.S. rose by 1.8%, and arson and robberies also grew in the bigger population areas. The number of reported theft and car crimes, however, decreased.

The FBI says that the new data shows that violent crimes are increasing in the United States. The Justice Department attributes the rise to an increase of youth violence, gangs, and guns. The Bush Administration has promised to spend $50 million to fight guns and gangs.

The Massachusetts Law Enforcement Agency also issues a Uniform Crime Report. Here are the following rates that it provided for crimes committed in Massachusetts in 2006:

Violent Crimes: 28,775
Murder: 186
Property: 153,913
Forcible Rape: 1,742
Aggravated Assault: 18,800
Robbery: 8, 047
Larceny-theft: 100,771
Burglary: 35,181
Vehicle theft: 17,961

FBI releases 2006 crime data by town, The Enterprise, September 30, 2007

FBI: Violent crimes in U.S. near 5-year peak, MSNBC/AP, September 24, 2007

Massachusetts Crime Rates 1960 - 2006, Disaster Center.com

Related Web Resource:

Uniform Crime Reports, FBI

Continue reading "FBI 2006 Crime Report Cites Boston, New Bedford, Springfield, and Worcester as Massachusetts Cities with Most Violent Crimes" »