Boston Criminal Lawyer Blog

Statistics show that domestic violence-related murders are increasing in Massachusetts. As of October this year, there were 37 reported killings involving domestic violence. Last year, the total figure was 31 domestic murders. There were 15 domestic slayings that were reported in 2005.

The number of domestic killings for this year is still rising. On Monday, a 60-year-old Milford woman died after being stabbed to death by her husband. Joseph H. Ventola Jr, 63, who admitted the murder to a 911 operator. Joseph and Esther were married for 18 years. At his arraignment on Monday, Ventola, who has a history of depression, pleaded not guilty.

In another recent case, 30-year-old Millbury resident Justin Hiser pleaded not guilty to the stabbing murder of his ex-girlfriend Ronda Healey outside the T.G.I. Friday’s restaurant in Millbury where she worked as a waitress.

Hiser made an unprompted confession to Westborough police after a he was apprehended following a police chase in Southborough. Hiser had spent time in prison previously for assault with a dangerous weapon.

Healey and Hiser had previously lived together in Worcester. She leaves behind three children.

Toni Troop, the public relations director of Jane Do Inc., a company that keeps track of domestic violence murders, says that the increase in domestic violence-related deaths is a result of funding cuts that were made to national, state, and local domestic violence victims’ programs.

Domestic violence is a crime in every U.S. state and can involve verbal abuse, physical abuse, battery, sexual assault, stalking, and any other kinds of abusive behavior toward a relative or former spouse, partner, girlfriend, or boyfriend. Domestic violence is also called intimate partner violence (IPV).

Domestic slayings on the rise, Milford Daily News, November 28, 2007

Millbury waitress fatally stabbed; ex-boyfriend held, Boston.com, November 28, 2007

Suspect in Millbury stabbing made spontaneous confession, court documents say, Boston.com, November 28, 2007

Milford man charged with wife's stabbing death, Boston.com, November 27, 2007

Related Web Resources:

Massachusetts Law About Domestic Violence, Massachusetts Trial Court Law Libraries

Jane Doe Inc.

Continue reading "Domestic Killings in Massachusetts Continue To Rise With Recent Stabbing Slayings in Millbury and Milford" »

In Massachusetts, US District Judge Nancy Gertner dismissed drug charges against Earl Dessesaure on the grounds that federal prosecutors conducted a sloppy investigation and a Boston police officer made fabricated statements about the case in court. Gertner called the prosecution “deeply flawed” and said allowing the case to advance would undermine justice.

In 2003, Boston and Quincy police started watching Dessesaure’s apartment in Quincy. They discovered white powder in garbage bags that he would place in a dumpster close to his apartment. Police did not test the white powder that they thought could be heroin.

On February 24, police officers followed Dessesaure and witnessed an exchange that they thought was a drug deal. They arrested Dessesaure and found six plastic bags of heroin in his rectum.

They then seized his keys and entered his residence without a search warrant. At his apartment, they found a gun, more white powder, and paraphernalia to distribute drugs. It was only then that they applied for and got a search warrant. Because police conducted their first search without a warrant, the majority of the evidence became inadmissible in court.

Also, Boston police Officer John Broderick Jr. lied in court when he said that Dessesaure yelled to a crowd during an arrest that someone “call my peeps.” Broderick claimed that the shout out was a code phrase to let someone know that any remaining evidence at his home needed to be destroyed.

Officer Broderick, however, was not at the scene of the arrest. A police officer that was at the scene could not verify Broderick’s claim. Boston Police investigators continue to stand by Broderick and his actions.

In 2004, Gertner ruled that there wasn’t enough evidence for police to conduct a warrantless search of Dessesaure’s apartment. Federal prosecutors appealed the decision and won. Gertner then determined that the Speedy Trial Act was violated when there was no further action.

Her dismissal of the case with prejudice means that prosecutors cannot refile any charges related to the case. Dessesaure has been held without bail for over four years and will likely stay there while prosecutors appeal.

This is the second time that Dessesaure has been set free because the Boston police conducted improper investigations. A Suffolk Superior Court Judge threw out evidence against him in 1998 after determining that another Boston police offer made up a story about an informant. 19 bags of crack cocaine confiscated from his car were thrown out as evidence.

US Judge Dismisses Charges in Drug Case, Boston.com, November 25, 2007

System to Stem Police Perjury Not Implemented, Boston.com, October 24, 2005

Related Web Resources:

Search Warrants: What They Are and When They're Necessary

Speedy Trial Act of 1974

Continue reading "Federal Judge in Massachusetts Dismisses Charges Against Alleged Boston Drug Dealer" »

An FBI forensic test considered so faulty that the FBI no longer uses it may have caused juries to wrongfully convict hundreds of innocent people who are now serving prison time for crimes they did not commit.

The forensic test uses a science called bullet-lead analysis, which links bullets used to commit a crime to bullets belonging to the suspect. The theory is based on the premise that a batch of lead will always have a one-of-a-kind chemical makeup.

In 2004, the National Academy of Sciences determined that there were inconsistencies in the bullet manufacturing process that proved the science “unreliable and potentially misleading.” Decades worth of FBI testimony to jurors could well have been “misleading under federal rules of evidence.” There is therefore a good chance that faulty test results administered as evidence could have led to wrongful convictions.

The FBI stopped using this particular forensic test in 2005. The government, however, has held back from releasing the list of some 2,500 cases in which the analysis was used. Many of these cases involve homicide convictions.

“60 Minutes” and the Washington Post have identified over 12 cases in which a court either reversed the conviction or must now investigate whether innocent people were sent to prison.

The FBI says it will start notifying prosecutors of the possibility that people were wrongfully convicted. The two-to-four timeframe for appealing the convictions, however, is nearing an end.

Wrongful Convictions
123 people in the United States have been released from death row since 1973 after their convictions were overturned.

The Innocence Project, which has helped overturn about 100 death sentences with post-conviction evidence, cites some reasons that innocent people are wrongfully convicted of crimes they did not commit.

In a study involving 70 cases where guilty verdicts were overturned, the Innocence Project found that:

• More than 30 of these convictions were because of prosecutorial misconduct.
• More than 30 of these wrongful convictions involved police misconduct.
• False witness testimony affected the outcome of 15 cases.

FBI's Forensic Test Full of Holes, Washington Post.com, November 18, 2007

Innocence and the Death Penalty

The Latest Statistics from the Innocence Project, Caught.net

Related Web Resources:

Innocence Project

Wrongful Murder Convictions in Massachusetts

Federal Bureau of Investigation

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Police in Boston want parents to allow detectives to enter their children’s bedrooms without a warrant to look for guns. The new program, targeting high-crime areas and set to begin in a couple of weeks, is already raising questions in Massachusetts about civil liberties.

Police officers assigned to Boston area schools will go to the homes of teenagers they believe might be in possession of a firearm and ask the parents or legal guardian for consent to search the premise. If the parent or guardian refuses to grant permission, the police will leave the property.

Boston police claim that if a gun is discovered in the home, the teenager will not be charged with unlawful gun possession unless the weapon connected to a homicide or shooting.

The success of the program depends on the willingness of parents to participate. Police are hoping that parents, worried that their kids will get swept up in gun violence, will allow them to conduct the searches.

Critics of the program cited concerns that some parents and guardians will be too intimidated by the presence of police officers to refuse to agree to a search. Other critics commented on how the program conflicts with the US Constitution’s 4th Amendment, which forbids searches and seizures without a warrant. Still other expressed concerns that parents could unintentionally implicate: children if drugs or other illegal items were found in their bedrooms.

The 4th Amendment of the U.S. Constitution:
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no Warrants shall issue but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

Unless police are in hot pursuit of a suspect, they must have probable cause and a search warrant to conduct a search leading to an arrest.

Police, however, say that they won’t go to the homes of juveniles they suspect of being involved in homicides or shootings. In these instances, they promise to obtain search warrants.

Boston police will rely on an anonymous hotline, tips from neighbors, and their own experience to decide which homes to approach.

The program targets juveniles under 18 years of age. Homes being targeted are located in Roxbury and Dorchester neighborhoods, including Egleston Square, Franklin Hill, Grove Hall, Geneva Avenue, Bowdoin Street, and Franklin Field. Police will use their own judgment on whether to make a drug arrest if drugs are founded.

Police to search for guns in homes, Boston.com, November 17, 2007

4th Amendment, Constitution of the United States of America

Related Web Resources:

Juveniles and Guns

Fighting Juvenile Gun Violence (PDF)

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Corrine Stephen, a 25-year-old Massachusetts foster mother, was found guilty of causing the death of four-year-old Dontel Jeffers because she did not get him medical help immediately after he was severely beaten. Stephen had been charged with second-degree murder, but yesterday was convicted of involuntary manslaughter by the Suffolk County Superior Court jury.

During the trial, prosecutors showed no evidence that Stephen abused Dontel. They based their case on reasons why the foster mother should be held criminally responsible for Dontel’s death. Rather than getting him medical treatment, she gave him a large does of Tylenol with codeine. They also say that she did nothing while others attacked the boy.

Stephen’s sentencing is scheduled for December 5. Her criminal defense attorney says he will appeal the case because the judge made a mistake when informing jury members that failure to do something can be considered a malicious act.

Dontel was placed in Stephen’s care on February 24, 2005. 10 days later, she arrived at Caritas Carney hospital with the boy, who had a black eye, bruised throat, ruptured intestine, bruised arms, and ligature marks around his ankles and wrists. Doctors were unable to revive Dontel. A blow to his stomach gave him a fatal infection.

Forensic pathologists determined that Dontel died from Child Abuse Syndrome, which consists of repetitive abuse over a period of time.

Stephen’s lawyer says that police did not conduct the necessary forensic tests to identify other potential suspects who could have beaten Dontel nor did they look hard enough for the Dontel’s real killer.

Involuntary Manslaughter
Involuntary manslaughter is the accidental killing of a person caused by the defendant’s reckless or criminal actions. “Involuntary” refers to the fact that the defendant did not mean to kill the victim.

In Massachusetts, an involuntary manslaughter conviction carries a maximum sentence of up to 20 years in state prison.

Guilty verdict reached in Dontel Jeffers case, Boston Herald, November 16, 2007

Foster mother found guilty of involuntary manslaughter in death of boy, 4, Boston.com, November 16, 2007

Related Web Resources:

Massachusetts General Laws

Violent Crimes Overview, Justia

Continue reading "Massachusetts Foster Mother Found Guilty of Involuntary Manslaughter in Four-Year-Old’s Death " »

Three men in Massachusetts who have been convicted of federal drug charges in connection to cocaine sales that they made in and around the Bromley-Health Housing Development have been sentenced to long prison terms and will be banned from the Boston area once they are released.

Amos Carassquillo, 19, Nathan Garrasteguy, 26, and Louis Garcia Jr., 21, were cocaine dealers who sold drugs at the housing development in Jackson Square. 23 suspects have been charged in the Federal and police drug bust at the housing complex. Some of the drug activities involved the Health Street Gang, which has over 100 members and is based in Bromley-Health.

Carasquillo is serving 11 years in prison. He also has been charged in another case related to Bromley-Health where he pointed a weapon at Boston police. Garrasteguy is serving 10 years, while Garcia is serving 15 years.

Their ban encompasses the entire Suffolk County area, including Chelsea, Winthrop, Boston, and Revere, Massachusetts. Carasquillo’s exile will last eight years. The other two men are to be exiled for 12 years.

Drug Dealers, Imprisoned, Exiled, Jamaica Plain Gazette, November 16, 2007

Related Web Resources:

Massachusetts Drug Courts

Drugs & Crime Facts, US Department of Justice

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Robert Iacoviello Jr. has pled not guilty to the shooting murder of Revere Police Officer Daniel Talbot on September 29 in Massachusetts. At the 20-year-old’s arraignment in Chelsea District Court, he was ordered held without bail.

Also charged in Talbot’s murder is Derek Lodie, 17, who has pled not guilty to being an accessory to murder.

Iacoviello’s defense attorney claims that his client did not shoot Talbot. He says that police intimidated the witnesses they interviewed so that they could name a suspect as soon as possible.

According to the prosecution, Talbot and two other police officers were drinking beer and hanging out by the bleachers on the athletic field at Revere High School. Lodie and Talbot allegedly got into a verbal fight, which allegedly ended with Iacoviello shooting Lodie in the head.

At his arraignment this morning, Prosecutor Ed Zabin alleged that Talbot, who was socializing while “off duty” with other officers, was ambushed by the two defendants. Zabin claims that Lodie was offended by something Talbot said and called Iacoviello and a few others by cell phone to join him on the high school field.

At this time, Lodie and Talbot allegedly got into a verbal fight. Lodie walked into the parking lot during the discourse and Talbot followed him there. They were met by Iacoviello and Lodie’s other friends. Iacoviello then allegedly pulled out a gun and shot Talbot in the head.

Iacoviello will appear in court again on December 12 for his probable cause hearing.

Probable Cause Hearing
A probable cause hearing takes place so that a judge can decide whether the prosecution has enough evidence to charge a defendant with a crime that may need to be “bound over” to a higher court. The outcome of the hearing is based solely on the prosecution’s evidence.

Prosecutor says slain Revere cop was ambushed, Bostonherald.com, November 13, 2007

Man pleads not guilty in slaying of Revere officer, Boston.com/AP, November 13, 2007

Common legal proceedings, Massachusetts Bar Association

Related Web Resource:

Remarks of District Attorney Daniel F. Conley on the Arrest of Robert Iacoviello, Jr., Suffolk County District Attorney's Office

Continue reading "Massachusetts Man Pleads Not Guilty to Murdering Revere Cop" »

A Stoneham, Massachusetts priest was arrested in New York last week for allegedly stalking NBC talk-show host Conan O’Brien. The Roman Catholic Archdiocese of Boston has suspended Reverent David Ajemian, 46.

Ajemian allegedly sent threatening e-mails and letters to the television host’s house and office, went to the studies where the host’s nightly show is shot, and contacted O’Brien’s parents. Ajemian was arrested while trying to enter a taping session of “Late Night with Conan O’Brien.”

Ajemian was arrested on charges of stalking and aggravated harassment. He could face up to one year in prison if convicted.

Ajemian, like O’Brien, is a Harvard graduate. In his letters and e-mails to O’Brien he would sign his name using the moniker “Padre.” In one note, he called himself one of O’Brien’s “most dangerous fans.” Ajemian also referred to himself on more than one occasion in his letters as “your priest stalker.” He also has allegedly posted hundreds of messages as Padre009 on an NBC online message board that focuses on the “Late Night with Conan O’Brien” show.

Under Massachusetts law, the definition of stalking includes the willful and malicious acts that are conducted over a period of time to purposely annoy or scare a person and cause them significant personal distress, as well as making threats or acting in a threatening way that a victim fears for his or her life or physical safety. Stalking can take place in person, over the telephone, or via Internet, fax, or regular mail. The maximum prison sentence for stalking if convicted in Massachusetts is five years.

Stalking is a serious criminal offense and can cause severe long-term emotional and physical harm to the victim and his or her friends and relatives.

1.4 million people in the United States are stalked annually. Both men and women can be stalking victims. Celebrities are easy targets for stalking because they are exposed to millions of people that they don’t know through film of television.

Just because you have been arrested for stalking someone does not mean you are guilty of the charges.

Priest faces charges of stalking TV late-night host O'Brien, Boston.com, November 8, 2007

Police Arrest Boston Priest for Stalking Late Night TV Host Conan O'Brien, Foxnews.com, November 8, 2007

Chapter 265: Section 43. Stalking; punishment, Massachusetts Stalking Law, Wiredsafety.org

Related Web Resource:

The People of the State of New York Against David Ajemian, the Smoking Gun

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The second trial of Former Harvard grad student Alexander Pring-Wilson began with opening statements on Wednesday. Pring-Wilson, now 29, was convicted of manslaughter three years ago for the 2003 stabbing death of 18-year-old Michael Colono.

A judge, however, ordered a retrial after the Massachusetts Judicial Supreme Court ruled in a different case that jurors should be given the opportunity to look at a victim’s violent history if it supports a defendant’s self-defense claim.

Pring-Wilson has always maintained that he acted in self-defense because Colono and his cousin, Samuel Rodriguez, were beating him up.

Rodriguez, however, has said that the former Harvard grad student repeatedly stabbed Colono with a Spyderco military folding knife for making fun of him. Pring-Wilson is accused of stabbing Colono 5 times in 70 seconds.

Details regarding Colono’s violent history were withheld during the last trial can now be revealed by the defense. Information that is now admissible includes Colono’s arrest for throwing money into a cashier’s face at a pizza place and destroying the restaurant’s glass door, as well as another arrest for allegedly assaulting subway passengers.

More details about Rodriguez’s criminal record and violent past will also be revealed to jury members. Domestic violence incidents, an attempt to knife his brother-in-law, and attacking a car rider after egging the motor vehicle are some of the incidents that are expected to be revealed by the defense.

On Wednesday, jury members toured the scene of the fight on Western Avenue in Cambridge, Massachusetts.

If the prosecution cannot prove beyond a reasonable doubt that Alexander-Pring Wilson is guilty of the charges, then the jury must find him not guilty.

Retrial Starts For Former Harvard Student Charged In Stabbing Death, WCBV, November 7, 2007

Jury selected in Pring-Wilson retrial, Boston.com, November 6, 2007

Manslaughter Retrial Begins for Former Grad Student, Harvard Crimson, November 5, 2007

Related Web Resources:

Pring-Wilson Convicted of Manslaughter; Sentenced to 6-8 Years in State Prison (PDF)

Memorandum of Decision and Order on Defendant's Motion for Relief from Judgment Pursuant to Mass. R. Crim P. 25 (B) (2), June 24, 2005 (PDF)

Justice for Alexander Pring-Wilson, Alexander Pring-Wilson.org

Continue reading "Massachusetts Retrial of Former Harvard Graduate Student Alexander Pring-Wilson Begins" »

Massachusetts police chiefs says the cities of Lowell and Lawrence are among the cities in the state that experienced a slight decrease in crime. Woburn and Arlington saw the biggest increase in total crimes committed from January to June 2007.

The group, made up of Massachusetts police chiefs, says most municipalities with 40,000 residents or more saw a 2% increase in crime during this six month period. Arlington, however, saw a 38% increase in crime with 354 crimes committed from January to June 2007. 256 crimes were committed during the same time period in 2006).

Crimes in Boston decreased by 1%. Brookline and Brockton experienced an 11% decrease—the largest drop in the state. Crime in Medford dropped 8% while crime in Woburn dropped 11%.

Felony crimes, including motor vehicle theft, homicides, theft crimes, and burglary and some misdemeanor crimes, such as larceny under $250, were among the crimes factored into the study. Violent crimes and property crimes increased in cities where an increase in crimes was noted.

On Friday, Massachusetts Governor Deval. Patrick met with Harvard University students and community leaders. He promised the students at his alma mater that he would direct more funds toward preventing crime. He also vowed to develop a strategy to fight crime.

At the meeting, the Harvard Black Student Association and Harvard Black Men's Forum, and Operation Greensboro—an anti-violence group—asked Governor Patrick to commit $50 million to fighting crime in the six most violent Massachusetts cities. Patrick, however, would not commit to an amount.

Arlington, Woburn report rise in crime, Boston.com, November 4, 2007

Governor Promises Funds for Crime Prevention, The Harvard Crimson, November 4, 2007

Related Web Resources:

Massachusetts Crime Rates, Disaster Center

Governor Deval Patrick, Mass.gov

Continue reading "Massachusetts Police Chiefs Report on Crime Rates In Arlington, Woburn, Lowell, Lawrence, and Other Cities" »

The man charged with beating 78-year-old Robert J. Moore Sr. to death with a bat-like object reportedly has been suffering from mental health problems, says a missing report that his wife filed with police in Norwood last August.

41-year-old William B. Dunn was working as a contractor and installing a lawn sprinkler system at Moore’s home when an argument broke out between the two men and Dunn reportedly attacked the elderly homeowner. Moore sustained extensive head injuries. His daughter-in-law Nancy was hospitalized at Beth Israel Deaconess Medical Center because of injuries she sustained while trying to stop the attack. Her son, Jamie, who had been painting outside, found his mother bleeding on the basement floor.

Police searched for Dunn for hours after the murder. Schools were locked down for up two hours after classes ended. Dunn was captured in a marsh close to route Route 128. His arraignment is scheduled for Monday.

According to the missing person report, Dunn was voluntarily committed to the psychiatric ward of Norwood Caritas Carney Hospital. His wife filed the missing person report after he left the ward.

Moore’s slaying was the first homicide in Needham, Massachusetts since August 1989.

The Insanity Defense
The insanity defense is a plea that claims the defendant is not guilty of a crime because he or she does not have the mental capacity to know that what he or she did was wrong. The “irresistible impulse” defense—allowable in certain states, lets defendants claim that they knew they were committing a crime but they lacked the ability to stop themselves.

In Massachusetts, the effectiveness of the insanity defense in a criminal case can depend on whether the accused can determine between right and wrong when he or she committed the crime.

The American Psychiatric Association says that 80% of cases in which a defendant is found not guilty by reason of insanity are the result of a plea bargain between the defense and the prosecution.

Brutal slaying puts Needham into lockdown, Boston.com, November 3, 2007

Slay suspect had mental health problem, Boston.com, November 4, 2007

Related Web Resources:

Experts: Insanity pleas don't often work, The Patriot-Ledger, March 12, 2005

Mental illness tough to prove in court, Post-Gazette, May 7, 2000

Continue reading "Man Who Allegedly Beat 78-Year-Old Needham, Massachusetts Man is Arrested" »

Ex-Prison Break Star Lane Garrison will serve 3 years and 4 months in a California prison in the DUI car accident death of a California teenager.

Garrison, 27, pleaded guilty to one count of vehicular manslaughter without gross negligence, a misdemeanor of providing alcohol to a minor, and one count of driving under the influence with a BAC level of .15 or higher.

Garrison had been driving under the influence of cocaine and alcohol in December 20067 when he crashed his 2001 Land Rover into a tree. Vahagn Setian, a 17-year-old student from Beverly Hills High and a passenger in the Land Rover, died in the accident. Two 15-year-old girls, also riding in the car, sustained injuries.

The actor’s BAC level was .20, which is twice as much as the legal driving limit in California. He also had cocaine in his system at the time of the crash.

Garrison met the teenagers at a grocery store and accompanied them to a party where he allegedly drank alcohol with minors and then went back to the store for more alcohol.

Being convicted of homicide while driving under the influence of alcohol or drugs in any US state is a very serious matter.

In Massachusetts, the Blood Alcohol Concentration (BAC) level is .08. Under Vehicular Homicide Law:

Vehicular Homicide While Operating Under the Influence of Alcohol or Other Drugs and While Operating To Endanger: Mandatory minimum 2 ½ years and up to 15 years in state prison or mandatory minimum 1 year and up to 2 ½ years in jail; plus fines and loss of license

Vehicular Homicide While Operating Under the Influence of Alcohol or Other Drugs or While Operating To Endanger: Mandatory minimum 30 days and up to 2 1/2 years in jail; plus fines and loss of license.

Actor Lane Garrison gets 40 months in jail for crash that killed teen, LA Times.com, October 31, 2007

Ex-'Prison Break' actor gets 40 months, CNN.com, October 31, 2007

Homicide, Mass.gov

Related Web Resource:

Lane Garrison News Stories, TV.com

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