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 617-492-3000.

April 29, 2008

Massachusetts Man Found Not Guilty of Nearly Biting Friend’s Ear Off

A Winthrop High School assistant football coach has been acquitted of charges that he bit someone’s ear in Massachusetts. Charges included two counts of aggravated assault and battery and mayhem. Had Richard Fucillo been convicted, he could have served up to 20 years in prison.

Fucillo, 46, was accused of biting the ear of George Sennott, who he believed was carrying on an affair with his estranged wife. Fucillo, his wife, and Sennott have known each other since grade school.

The altercation took place on March 2007.

Sennott accused Fucillo of flying into a jealous rage because he believed that Sennott was having an affair with his wife and biting his ear so viciously that it nearly tore off. He needed 150 stitches to repair the damage to is ear.

Police say they saw Fucillo jump out of a car while driving down Washington Street and attacking Sennott. Fucillo’s Massachusetts criminal defense attorney, however, says that Sennott had instigated the fight and started assaulting Fucillo first.

Fucillo claims that he was acting in self-defense. He says he did not bite Sennott’s ear. Forensic experts say the injuries caused to Sennott’s ear were not bite-related. Fucillo says that Sennott may have gotten his ear caught in his jacket zipper during the fight.

The Suffolk Superior Court jury issued its not guilty verdict on Wednesday.

Massachusetts assault charges can lead to serious penalties if you are convicted. A good Boston assault attorney can defend you against the charges or determine whether any charges can be dropped or your sentence reduced. If you have been convicted of a crime, you will need a Massachusetts criminal defense lawyer to file your appeal.

Jury acquits man in ear-biting case, Boston.com, April 29, 2008

Police: Football Coach Nearly Bit Man's Ear Off, WJZ.com, March 19, 2007


Related Web Resource:

Massachusetts General Laws


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April 28, 2008

Boston Firefighter Apprehended for Alleged OxyContin Drug Crime

A Boston firefighter was apprehended by police on Friday for allegedly purchasing OxyContin from a drug dealer that had been under police surveillance. Firefighter and Dorchester resident William Boyle has been ordered to appear in District Court for the alleged possession of a Class B substance.

Boston police say that a District-C Drug Control Unit Detective saw Boyle make the alleged deal with drug dealer Stephen Puglielli at the Broadway MBTA station. Boyle allegedly called out to the approaching detective, “I didn’t do anything, I am a Boston fireman.”

Police say that he dropped a cellophane wrapper with 5 OxyContin pills, But Boyle alleges that they planted the evidence. At the Boston police station, officers allege that Boyle told them that he bought the pills for $200.

Boyle has served as firefighter with the Boston Fire Department for over 10 years and is also a Vietnam veteran. He has been on injury leave.

Puglielli, a well-known drug dealer and a Southie resident, has been arrested for allegedly dealing drugs. His arraignment is schedule for today. Puglielli is a repeat drug offender.

Boston firefighter in Oxycontin sting, Boston Herald, April 28, 2008

Disabled firefighter accused in drug buy, Boston.com, April 28, 2008


Related Web Resources:

OxyContin, DEA

The Massachusetts OxyContin and Other Drug Abuse Commission

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April 25, 2008

Nantucket, Massachusetts Man Charged With Smuggling

In Boston, Charles A. Manghis, has been charged with multiple counts of smuggling sperm whale teeth and elephant ivory, making false statements to federal agents, and conspiracy.

The 53-year-old Nantucket, Massachusetts resident, also a Ukrainian national, was arrested on Thursday. A federal grand jury indicted Manghis, along with Ukrainian national Andriy Mkhalyov, of allegedly conspiring to smuggle certain items into the United States that violated both federal law and the Convention on International Trade in Endangered Species of Wild Fauna and Flora.

The two men allegedly used a middleman in California to bring the items into the United States before sending them to Massachusetts. Manghis, a scrimshaw dealer, is being accused of selling the illegal items on Nantucket and on e-Bay. His employer, Nina Hellman of Nina Hellman Antiques, says she believes the charges against Manghis are unfounded.

Nantucket Police say that that the international smuggling ring also involves countries in Asia and Europe. Manghis faces up to 20 years in prison and a $250,000 maximum fine if he is convicted. He was released on $25,000 bond.

According to Law Enforcement US Fish and Wildlife Service Chief Benito A. Perez, about $10 million in illegal wildlife is seized in the United States every year—barely scratching the “surface of wildlife coming into this country.” The country is a prime market for elephant ivory, ivory carvings, and handicrafts made with claws, fur, feather, claws, and other body parts of species that are protected by law.

Nantucket man faces smuggling charges, Boston.com, April 25, 2008

Nantucket man charged in ivory smuggling ring, Ack.net, April 25, 2008

Testimony of Benito A. Perez Before the US House of Representatives, FWS.gov, March 5, 2008

Related Web Resources:

Convention on International Trade in Endangered Species of Wild Fauna and Flora

Charles A. Manghis

Charles Manghis Scrimshaw, Nina Hellman Antiques

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April 22, 2008

Gloucester Woman Involved in Head-On Car Crash with Sandra Bullock in Massachusetts Pleads Not Guilty

The Gloucester woman charged with operating a motor vehicle while under the influence of intoxicating liquor and failure to stay in a marked lane when her car struck the SUV carrying movie star Sandra Bullock has pled not guilty.

Lucile P. Gatchell entered her not guilty plea during her arraignment today in Gloucester District Court. She was released without bail.

No one was injured in the Massachusetts car accident, which occurred on Friday. Bullock had just finished filming a scene from her latest movie "The Proposal" in Rockport before the accident happened. The actress, her husband Jessie James, and the driver of their sport utility vehicle were not injured in the auto collision.

According to the police report, Gatchell failed four field sobriety tests and her blood alcohol level registered over twice the legal limit at 2.0. Kevin Mackey, the arresting police officer, reported smelling alcohol on the 64-year-old woman’s breath. He also said that she slurred her speech and her eyes were glassy and bloodshot.

If you have been arrested or charged with operating your vehicle under the influence of alcohol or drugs, one of our Boston, Massachusetts OUI/DWI/DUI attorneys would be happy to discuss your case with you.

Our Gloucester drunk driving lawyers know how to determine the accuracy of your field sobriety test or whether law enforcement officers followed the proper procedures when apprehending you for allegedly driving drunk. There may be a number of reasons why the evidence that police have against you is inadmissible.

If you plead or are found guilty for drunk driving in Massachusetts, this will be noted on your driving record permanently. This could affect your driving privileges even if you live in another state.

Woman pleads not guilty to drunken driving in accident with Sandra Bullock, Boston.com, April 22, 2008

Actress Bullock unharmed in Gloucester car crash, Boston.com, April 19, 2008


Related Web Resources:

DUI & DWI, DMV.Org

Massachusetts Laws About Drunk Driving, Massachusetts Trial Court Law Libraries

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April 18, 2008

Everett Middle School Employee Charged with Child Rape and Indecent Assault and Battery in Massachusetts Pleads Not Guilty

In Massachusetts, Robert J. Shea, a basketball coach and custodian at Everett Middle School has been charged with two counts of rape and three counts of indecent assault and battery involving a 12-year-old boy. He has pled not guilty to the charges.

Shea’s arrest on April 6 and the subsequent charges announced on April 7 came a few days after the boy’s mother reported him to police. Prosecutors claim that Shea sexually abused the boy for six months and the abuse incidents occurred in the 57-year-old’s house and at Everett High School.

Shea, an Everett School Department employee for 25 years and a junior varsity basketball coach for 14 years, has expressed shock at the charges. His Massachusetts criminal defense lawyer says that Shea only acted as the boy’s friend and older brother and that this is the first allegation against him after working around children for years.

Everett schools superintendent Frederick F. Foresteire says that this is not the first time that Shea has been investigated. He was investigated by the Everett Police Department in 2005 and the Department of Social Services in 2003. Both cases were closed without findings. Shea has been suspended from his job until the Everett sex crimes case is resolved.

Child rape is considered a very serious offense. The issue of child rape has been in the news headlines lately. This week, the U.S. Supreme Court heard arguments on whether a child rape conviction should lead to the death penalty. The case was brought to the Supreme Court by Patrick Kennedy, a Louisiana man that was sentenced to death after being convicted of raping the 8-year-old daughter of his girlfriend. He is appealing his sentence.

US high court mulls death for child rape, AP, April 17, 2008

Everett schools employee accused of sexually assaulting boy, Boston Globe, April 8, 2008


Related Web Resources:

Sexual Assault and Rape, Norfolk District Attorney's Office

Rape a child, pay with your life, Louisiana argues, CNN.com, April 15, 2008

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April 15, 2008

76-Year-Old Revere, Massachusetts Man Pleads Not Guilty To Dealing Prescription Drugs

Richard "Pops" Picardi Sr, a 76-year-old Revere, Massachusetts resident, has pled not guilty to charges that include unlawful distribution of a Class B substance, selling cigarettes without state tax stamps, receiving stolen property, and violating drug laws in a school zone.

A person can be charged with violating drug laws in a school zone if the drug-related crime he or she is accused of committing took place within 100 feet of a playground or park or within 1000 feet of a school or school property. Because so many cities in Massachusetts are well populated, it is very hard for someone not to be within a school zone.

Picardi is accused of dealing prescription drugs from the office of the Square Cab Co. in Chelsea in exchange for cigarettes and money. The company is located within 1,000 feet of Clark Avenue School. His arraignment took place in Chelsea District Court, and he was ordered held on $10,000 bail.

Undercover cops bought OxyContin and other narcotics from Picardi several times in March. One buy involved three OxyContin tablets in exchange for eight packs of cigarettes and $40. He also is accused of selling cigarettes illegally.

Picardi had more than $11,000 on him last week when he was arrested. Law enforcement officers also found almost two full cartons of cigarettes, 74 Roxicet pills, 21 razor packs, and 5 unopened cologne bottles that may have been stolen.

One-legged 76-year-old busted in drug sting, The Boston Herald, April 15, 2008

Man, 76, held in drug case linked to Chelsea cab firm, Boston Globe, April 15, 2008


Related Web Resources:

Massachusetts Drug Fact Sheet, Friends of Narconon

The Drug Policy Forum of Massachusetts

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