Boston Criminal Lawyer Blog

Yesterday was Thanksgiving. Unfortunately, there are a few families for whom this holiday season has not begun so well.

Let’s turn to Hampshire, Massachusetts, for example. On Wednesday, as the rest of us prepared for family gatherings and big dinners, Debra B., 53, of Northampton (hereinafter, the “Defendant”) learned that she would be spending the holiday as a guest of the Commonwealth. It seems that she and the Department of Social Services (“DSS”) have had a disagreement of sorts.

The disagreement allegedly included some threats.

Threats that have brought to light what one might call a dysfunctional family situation.

The case has a bit of a history to it. It apparently began back in 2006 when the Defendant’s son was taken away from her by DSS. This was allegedly occasioned by the 7-year-old autistic boy’s complaint that she had duct-taped him to a chair and threatened him with a knife. Most of the criminal charges against the Defendant in that incident were eventually dropped.

The heated custody fight over her son did not end so easily.

As the battle between DSS and the Defendant raged, she is alleged to have done certain things which were of concern to the Commonwealth. One such thing is that she was reported to have looked up the home addresses of some social workers on the Internet. She is also said to have threatened to shoot Judge Judd J. Carhart at a hearing and told another woman in court that she was "in her crosshairs."

This landed her in jail on September 8th.

Perhaps misunderstanding the message this was supposed to have sent, the Defendant allegedly threatened to kill a different judge, as if this would clear things up.

Things were not cleared up. Law enforcement sought a search warrant for her apartment instead.

Continue reading "Massachusetts Mother Held For Making Death Threats Against The Court and DSS Workers" »

Today is Thanksgiving. While the daily criminal law blog goes on, this is not a day o concentrate on the problems of criminal justice. Instead, let’s gain some brief optimistic perspective.

From whence have we come?

Some of the particular crimes and punishments make today’s laws look pretty liberal. Since the criminal justice system was a part of the existing religious order of the community, all offenses were against God and society. Laws in the Puritan regions were filled with religious messages. The 1648 Laws and Liberties of Massachusetts, the penal code, for example, often quoted biblical passages.

For example, you think the laws regarding disorderly conduct, trespass and such are overly burdensome? Well, Colonists considered lying, idleness (not working), drunkenness and even general bad behavior as crime. Playing certain games in the Puritan colonies, such as shuffleboard or cards, was a crime. Forget about considering prostitution or sexual assault. Merely flirting was a crime.

The courts used shame, scorn, and humiliation to teach lessons for misbehavior. More severe crimes led to whipping and placing the guilty in wooden frames that had holes for heads and hands, called the pillory.

Continue reading "Samuel’s take: A Massachusetts Thanksgiving Criminal Justice View To The Past" »

As we near Thanksgiving, we look around for reasons to be thankful. True, economic times are tough and getting tougher. However, it would appear that all the violent crimes and drug dealing in Lynn, Massachusetts, has been stopped. No more guns rape, robbery or murder. It would appear that even the drunk driving problem is under control.

Now, the police have the time and resources to concentrate on other vicious crimes plaguing our society.

Prostitution, for example.

This past Saturday, a well timed police prostitution sting was said to be different than others done in the recent past. According to the Lynn Item, it was conducted in “broad daylight”.

No pun intended, I’m sure.

“For the city of Lynn, unfortunately, it’s a 24/7 problem,” said Sgt. Rick Carrow of the world’s oldest profession. He is the head of the department’s Special Investigation Unit that conducted the operation between 1 and 4 p.m. Saturday, netting nine arrests of would-be customers.

“There’s a market out there and we’re going to do what we have to do,” he said. And so they did.

Twenty-four-year-old Officer Kelly Aylward was the undercover decoy during the operation conducted in the downtown area, according to Carrow. The targets of this brilliantly conceived plan was to have an attractive female see if she could get men to want to have sex with her and be willing to pay for it.

Continue reading "North And South Of Boston, Sex Trade Stings Are In Full Swing" »

Angel R., 43, a former Springfield firefighter (hereinafter, the “Defendant”) has been having a bad time of it lately.

In July, he was arrested in connection with a fight with another gentleman.

Well, it allegedly involved alittle more than a simple fight; his fellow combatant, hereinafter referred to as “slashed”, ended up cut up through use of a box cutter. The Defendant was arrested for attempting to kill him.

The fight had taken place outside an apartment in Sixteen Acres on Allen Park Road. Slashed, who had been outside the home of his two children and their mother, had reportedly been slashed several times and still had a piece of blade lodged in his neck as it had broken off.

The Defendant was arrested and charged with assault and battery, assault and battery with a dangerous weapon and armed assault with intent to murder.

Police said that while in court, he apparently did or said something to violate the terms of his release and so a warrant was issued.

The Defendant was initially denied the right to bail, but in September, Judge Tina S. Page granted bail at $10,000 cash or $100,000 personal surety and stipulated that the Defendant was to have no contact with either Commonwealth witness, namely, Slashed and his children’s mother.

Apparently, the Defendant had also had a relationship with the children’s mother.

Do I see the form of a potential love triangle forming?

Continue reading "Massachusetts Assault Defendant Held Without Bail For Disobeying Court Order " »

When I was a kid, we had a thing called “show and tell” in which you could bring in something you thought was “cool” to show the class and maybe play with when the teacher was not looking. It was fun. For some reason, it never occurred to me to bring a weapon in to play with.

I guess times have changed.

Back then, I suppose, if I had brought some weapon in, my parents would have been called and I might be suspended. Today, though, it is the police who are called and it can mean incarceration.

Take a certain 14-year-old student (hereinafter, “Defendant 1”) at Silver Lake Regional Middle School in Kingston, Massachusetts, for example. A pellet gun was found in his locker, according to the Patriot Ledger.

On Thursday morning, a school staffer found the gun in a plastic bag. Police were called to the school, and Defendant 1 was arrested. Police said that the juvenile showed the gun to other students, which is how it the staff became aware of it.

14-year- old Defendant 1 was charged with carrying a weapon on school grounds and disturbing a school.

Over-reaction?

Continue reading "Massachusetts Juveniles Bring Weapons To School, Assault Students And Are Prosecuted" »

Prosecutors on Friday filed a motion to dismiss one of the 1st degree murder charges against the 8-year-old boy who is accused of shooting his father and another victim. The boy’s father, Vincent Romero, and Tim Romans, Romero’s roommate, died from injuries they sustained in the shooting.

According to police, the boy confessed to shooting the two men in their home using a .22-caliber rifle on November 5, 2008. They recorded his confession on video.

A CBS legal analyst, however, called the interrogation of the boy “absurd.” Lisa Bloom noted that children younger than age 12 are susceptible to telling adults what they want to hear during questioning. She pointed out that the boy’s confession came only after a police officer questioned him repeatedly and prior to that the 8-year-old denied shooting the gun that killed Romero and Romans.

The boy did not have an attorney, legal guardian, or parent present during the interview by the two cops who were armed, and he was not read his Miranda rights. Other legal and child psychology experts are questioning whether the boy’s videotaped confession will be admissible in court.

Prosecutors say the boy was interviewed because they initially believed he was a victim. An assistant federal public defender says the interrogation should have stopped once the boy became a suspect.

The boy’s two 1st degree murder charges were filed in juvenile court, but St. Johns Police Chief Roy Melnick says he will try to have the boy prosecuted as an adult. To date, however, an 8-year-old has never been tried as an adult in criminal court.

Trying Juveniles in Adult Criminal Court
Sometimes, the severity of a juvenile crime may allow prosecutors to charge a juvenile in adult criminal court, where the penalties are much more severe.

Lawyers Drop One Murder Charge Against Boy, CBS News, November 22, 2008

Experts Doubt That 8-Year-Old’s Taped Confession in Double Killing Is Admissible, New York Times, November 21, 2008

Related Web Resource:

CBS News Video provided by YouTube

Continue reading "Prosecutors File Motion to Dismiss One 1st Degree Murder Charge Against 8-Year-Old Boy Accused of Shooting His Father and Another Man" »

Sean G., 20, of Roslindale (hereinafter, the “Defendant”) was out for a drive early Wednesday morning. Normally, that might not pose so much of a problem. However, this time was different.

You see, according to the police, the Defendant was drunk. Upon further investigation, he was apparently not even supposed to be driving the car in the first place.

However, the Defendant’s real problems began when the police took notice of the gray sedan in Holliston, Massachusetts.

According to Police Sgt. George Leurini, the Defendant was seen driving the sedan on Route 126 traveling over the posted speed limit. The Speed limit was 25 miles per hour – the Defendant was going 39 mph. Sgt. Leuini turned on his siren.

Apparently, this confused the Defendant as he neither stopped nor slowed down; he sped up. Now, instead of the 39 mph, he accelerated to 70 mph.

The police car gave chase.

Perhaps quizzical as to why 70 mph was not enough to satisfy the police, the Defendant kept accelerating until it became a high speed chase at speeds of 100 mph.

Continue reading "Boston Intoxicated Driver Said To Speed Through Massachusetts Town" »

Felony gun charges against Drew Peterson were dropped today when prosecutors refused to turn over internal files pertaining to their decision to arrest the former police sergeant. Peterson was arrested last May and charged with owning an assault rifle with a barrel shorter than what the state law allows.

Police found the gun when they entered Peterson’s home last November. 11 guns were confiscated from his home, during a search that took place after his wife Stacy went missing on October 28, 2007. Peter, who is a suspect in her disappearance, continues to deny any wrongdoing or involvement in the case.

Since the weapons charges were filed, Peterson’s criminal defense attorney has argued that his client did not break the law by possessing the rifle because the Law Enforcement Officer Safety Act makes him immune to the state’s weapons laws. Peterson used the gun when he worked for a police SWAT team.

Today, Judge Richard Schoenstedt granted a motion filed by Peterson’s legal team to pursue a “vindictive prosecution” defense and ordered prosecutors to give the defense team a limited copy of memos, e-mails and other documents pertaining to the weapons charges against Peterson.

After Assistant State’s Attorney John Connor refused to turn the documents over, the judge dismissed the charges. Prosecutors say the will appeal the case.

Vindictive Prosecution
This term refers to prosecution used to retaliate against a defendant.

Massachusetts Weapons Possession
In Massachusetts, illegal possession of a firearm is grounds for a mandatory minimum eighteen months behind bars if a defendant is convicted. If you have been arrested for weapons possession in Boston or anywhere else in the state, you will need legal help to combat the charges or get them reduced.

Gun charges dismissed against Drew Peterson, Chicago Tribune, November 20, 2008

Judge Drops Gun Charges Against Drew Peterson, Associated Press/Fox News, November 20, 2008

Related Web Resources:

Massachusetts Laws About Weapons

Massachusetts Firearms Law Reference Chart, Goal.org

Continue reading "Felony Gun Charges Against Drew Peterson Are Dismissed" »

You know, some people just belong in jail.

And some people are in jail…working for the jail.

Well, at least they were…!

Take Gary M., 48, of Berkley, a lieutenant with the Department of Correction in Boston (hereinafter, the “Defendant”) for example. He changed seats in the criminal justice arena when he was arrested Wednesday at his home and charged with stealing $100,000 in state funds, firearms and other items from the department for his own use.

The Defendant is now looking at charges of larceny by scheme over $250 and procurement fraud.

“How can a thing like this happen?”, you ask. After all, wasn’t the Defendant supposed to be upholding law and order as an shining example of clean living to those nasty inmates?

Well, maybe. But, according to authorities, his shine has dimmed a bit.

The Defendant had been responsible for the purchase of firearms, ammunition and other specialized equipment since 2002. Only thing is, though, he was supposed to be getting the stuff for the Department of Correction…not himself. He is now accused of buying numerous such items, including five 40-caliber handguns, a machete, a hunting bow and a baseball pitching machine, for himself .

Investigators also allege that between 2004 and 2008, the Defendant falsely reported the value, cost and quantity of equipment department officials believed they had paid for by misrepresenting invoices he had produced. He is also accused of knowingly submitting invoices for more merchandise than he actually used or needed and then using the difference in value as credit to buy items for himself, such as a baseball pitching machine, a motorcycle/ATV trailer, cameras, hunting equipment, firearms and other items. By employing this scheme, he allegedly caused the DOC to be improperly charged by the distributor for supplies that were never received by the DOC.

Continue reading "Massachusetts Department Of Corrections Official Accused Of Stealing Guns And Money" »

Where do people learn such animosity?

Today’s daily blog involves two stories that have to do with dysfunctional family situations. We start with a story from Brockton, Massachusetts, where a 15-year old juvenile (hereinafter, “Juvenile Defendant”) now faces charges for an apparent “teddybearicide”.

Now a guest of the Commonwealth, at least until Thursday, Juvenile Defendant has thus far been charged with possessing an explosive device and disturbing the peace. Additional charges may be forthcoming.

It all began Monday evening when local police and the state police bomb squad responded to a 911 call reporting a potential explosive device that had been attached to a teddy bear and left on Florence Street that afternoon, a fire official said.

“It was a plastic bottle that had a solution inside the bottle that was mixed in a way that, after a period of time, it would explode,” Deputy Fire Chief George Phillips said. “A teddy bear was wrapped around the plastic bottle and it was left in the street.”

A representative from the state fire marshal’s office also responded, Phillips said.
It took authorities about 30 minutes to detonate the device with a robotic machine designed to disarm explosives, Phillips said.

Continue reading "Massachusetts Juvenile And Adult Turn To Weapons And Assaults To Handle Emotional Issues" »

In Boston, a federal grand jury indicted Massachusetts State Senator Dianne Wilkerson on eight counts of attempted extortion connected to her acceptance of over $20,000 in cash between June 2007 and October 2008. A federal indictment charged Wilkerson with eight counts of attempted extortion under color of official right.

According to the indictment, Wilkerson allegedly accepted eight payments (a total of $23,500) from a cooperating witness and undercover agents. The indictment is seeking the return of those funds.

The FBI arrested Wilkerson exactly three weeks ago, following an undercover corruption investigation. Bureau and the Boston Police Department Anti-Corruption Unit began the probe after the senator came under suspicion for allegedly accepting illegal payments in connection with her office. Wilkerson was arrested after she was photographed allegedly putting $1,000 in bribes in her bra at a Beacon Hill restaurant.

Investigators say that they have video and audio recordings of Wilkerson accepting bribes from undercover agents. They are also accusing her of pressuring Mayor Thomas Menino, the Boston License Board, and City Counsel into delaying legislation on behalf of a local nightclub and allegedly taking bribes in exchange for helping the nightclub secure a liquor license.

The Roxbury Democrat has denied all wrongdoing and has refused to resign even though she was formally rebuked by her colleagues in the Massachusetts Senate and wasn’t re-elected to her seat. Her senate term is over in January.

If convicted, Wilkerson could face a maximum sentence of 20 years in prison, a $250,000 fine, and 3 years of supervised release.

White Collar Crimes
If you have been arrested and charged with bribery, extortion, embezzlement, economic espionage, or any other white collar crime, your future, your career, and your family life may all be at stake if you are convicted. There have even been cases when a defendant has been wrongly convicted for white collar crimes committed by others.

Sen. Wilkerson indicted, Boston Herald, November 18, 2008

Sen. Wilkerson indicted on corruption charges, Boston.com, November 18, 2008

State Sen. Dianne Wilkerson Arrested By FBI, WBZ.com, October 28, 2008

Related Web Resources:

Read the Criminal Complaint (PDF)

Dianne Wilkerson

Continue reading "Massachusetts State Senator Dianne Wilkerson Indicted for Corruption" »

As we drift ever closer to Thanksgiving, it would appear that some people are ready to name the pre-holiday weeks as Thanks! Taking!

In other words, there has been a rash of burglaries throughout the Commonwealth recently.

One rather enterprising culprit is believed to have cut a hole into the roof of a pharmacy in Swampscott, Massachusetts, thereafter stealing some prescription drugs.

It has not been revealed the nature of these drugs…whether they were sedatives for dealing with the holiday jitters, stimulants to help one work overtime in order to afford better Christmas gifts or, simply, a variety of goodies to sell on the street. One thing we do know, however, is that the burglary has left the local law enforcement baffled.

Police said they have no idea how the suspects scaled the walls of the building, but once they got on the roof, it is clear they used a power tool to saw a hole through the sheet metal. They then lowered themselves into the pharmacy. A second hole about the same size, believed to be the exit, was discovered in the wall of the store, according to police.

"Any time someone goes to that extreme you have to wonder just how dangerous they could be if you were to come in contact with them," said a concerned customer.

Continue reading "Burglaries Abound Throughout Massachusetts " »

Remember the old cliché “The apple does not fall far from the [alleged] tree”? Well, this North Attleboro tree is apparently growing in the local district court on the criminal justice side of the street.

Last Thursday, a 48 year-old single mother, (hereinafter, “ Mommy Defendant”), was arrested and ordered to stay away from the North Attleboro Middle and High school after she allegedly threatened the middle school principal. This alleged event took place after her son (hereinafter, “Sonny Defendant”), was arrested for an unrelated incident at the school.

Mommy Defendant is said to have driven to the middle school and made threats to kill Principal Victoria Ekk with a gun while in the school office in front of onlookers. Mommy Defendant, however, denies the charges and has pleaded “not guilty” to threats of uttering threats to kill, disturbing a school assembly and disorderly charges.

Her lawyer described Mommy Defendant as a hardworking woman trying to raise a family while working two jobs to make a living. "She has no gun. She doesn't even know how to use a gun. She's a single mother struggling to pay bills and raise three children," the lawyer said.

In fact, school officials had determined before police arrived that Mommy Defendant had no weapon, according to a police report.

Mommy Defendant’s lawyer also described the scene a bit differently, indicating that she had gone to the office calmly and denies making threats or causing a disturbance.

Continue reading "Assault On Police And Threats Of Violence Alleged At Massachusetts School" »

As we head into another weekend…edging ever closer to the holiday season…a reminder about one of the more common criminal justice pitfalls which people tend to experience. Namely, drunk driving.

Many cases around the subject of Operating Under the Influence have hit the press this past week. Today’s daily blog looks at three of them, all three differing in their stage of the prosecution.

First, let’s look to Yarmouth, Massachusetts, the scene of an interesting arrest scene, particularly if you are a dog lover, Tuesday. Axel, the police department K-9 dog, was called upon to help locate an alleged drunk driver at the Foxwoods Condominiums in West Yarmouth .

Bryan C., 41, of Barnstable, (hereinafter, “Defendant 1”) is said to have crashed his 2001 Monte Carlo deep into the woods off Camp Street around 10 p.m. Tuesday. Police say he then fled the scene.

Strikes one and two.

When officers arrived they found the severely damaged car, but no driver. Police were told by a witness that the lone male driver had crawled out of the vehicle, grabbed an item and ran off.

Police brought in K-9 patrol officer Peter McClelland and his partner Axel to track the suspect. They initially found an opened and cold 12 pack of beer - with four remaining cans - on the side of the road about 200 yards from the crash scene. The track continued and led to the front door of a unit at the condominium complex.

Once found, Defendant 1 told officers he was "having a bad night" and admitted to driving the vehicle.

Strike three. Out.

Continue reading "Drunk Driving In Massachusetts – Three Stages Of The Criminal Justice Experience" »

Today’s daily blog features a gentleman who has experienced a delayed reaction to allegedly not being completely truthful during law enforcement questioning.

This time, it was federeal law enforcement.

These guys take this stuff very seriously.

Statements that Tarek M. 26 (hereinafter, the “Defendant”) allegedly made to the FBI two years ago in the midst of a terrorism investigation came back to haunt him last weekend, when the Massachusetts College of Pharmacy graduate was arrested as he was about to board a Boston flight to start a new job overseas.

Now, he is in an old cell right here.

He is charged with lying to the FBI in December 2006 when questioned about the whereabouts and activities of a former Methuen resident (hereinafter, “Mr. Missing”) who was suspected of training at an Al Qaeda terrorist camp to overthrow the Somali government.

An FBI affidavit unsealed in federal court in Boston Monday alleges that the Defendant told agents on Dec. 16, 2006, that he had known Mr. Missing for three or four years and that when he last spoke to him two weeks earlier, Mr. Missing was living in a suburb of Alexandria, Egypt, and working for a website.

As it turns out, though, the FBI claims that Mr. Missing had actually placed several calls from Somalia to the Defendant’s Sudbury home four days before the FBI interview, urging him to "join him in training for jihad," the affidavit says.

Continue reading "FBI accuses Massachusetts man of lying in terrorist Investigation" »

During his arraignment in West Roxbury District Court on Tuesday, former Boston firefighter Albert Arroyo pleaded not guilty to charges he violated a restraining order filed by his ex-girlfriend last month. Arroyo was arrested over the weekend after his ex-girlfriend accused him of driving by her residence, calling her multiple times, and hiding behind a door in her apartment building.

The woman has accused the former firefighter of aggressively stalking her for six years. In her affidavit, the 45-year old Jamaica Plain resident says that she keeps her curtains closed and her door locked because he keeps bothering her. She says that she has often felt scared to leave her home.

Arroyo, who filed a disability pension for work-related injuries, was fired from his job after he refused to go back to work. The former Boston firefighter joined a bodybuilding competition within weeks of filing a disability claim for the injuries he says he suffered during a slip accident on a staircase.

In Massachusetts, a domestic violence restraining order can be filed when one person—either a current or ex-spouse or partner, family member, or household member—accuses another person of emotional, physical, or verbal abuse.

Massachusetts Domestic Violence Statistics:

• In 2006, 28 victims died in domestic violence-related incidents.
• There were 24 incidents involving domestic violence-related murders.
• 28,760 protection orders were issued in 2005.
• Also in 2005, 4,375 adults were arraigned for alleged protection order violations.

While it is important to protect victims of domestic violence, there are many instances where a mild disagreement gets turned into a domestic violence dispute and someone is wrongly arrested for a crime he or she did not commit. Massachusetts law requires police officers to arrest anyone suspected of domestic violence and ultimately, the decision of whether to press criminal charges belongs to the prosecutor and not the alleged victim.

Bodybuilding firefighter Albert Arroyo pleads not guilty, Boston Herald, November 4, 2008

Disgraced firefighter accused of stalking, Boston Herald, November 4, 2008

Related Web Resources:

Abuse Prevention, General Laws of Massachusetts

Zero Tolerance for False Domestic Violence Allegations, DevalPatrick.com

Continue reading "Former Boston Firefighter Pleads Not Guilt to Charge He Violated Restraining Order" »

Sometimes people pick up bad habits at work.

Many chefs turn out to be overweight. Career military folks often need to have their home life overly organized and operational. Many attorneys, like myself, tend not to be able to have a debate with someone without it turning into “oral argument”.

And then there is a certain part-time Hinsdale police officer who served as an animal control officer allegedly turning into an “animal”.

W.Rodney M., 46 (hereinafter the “Defendant”) has been charged with sexually assaulting a woman who had called the police for assistance at her home in 2005. He was arraigned on Monday in Central Berkshire District Court on one charge of indecent assault and battery on a person over 14. He pleaded not guilty and was released on personal recognizance and ordered not to have contact with the 50-year-old victim.

The charge, brought against the Defendant in early June 2008, stemmed from an event that took place in 2005, according to a report filed by Massachusetts state police investigators.

The complainant told investigators that she had made a call to the Hinsdale Police Department about a fisher cat that she had seen around her residence. The Defendant, who was acting as the town's animal control officer, responded to the call in uniform, and after looking for the fisher cat, allegedly asked her if she was single and "lonely." He then asked her "if she would like to be taken care of like she had never been taken care of before," and he allegedly grabbed her hand and rubbed it on the outside of his pants, according to the statement.

The complainant said she was too ashamed to press charges three years ago, when the assault allegedly took place, adding that she felt no one would believe her, according to the report.

Somehow, after the years have passed, she was able to convince herself to come forward.

Continue reading "Massachusetts Police Officer Faces Charges Of Sexual Assault" »

Today is Veteran’s Day. It is a day for reflection and a day to honor the men and women who have served this country in the trenches of various lands throughout the years.

Today’s daily blog looks at a matter occurring inside more local trenches. Criminal Justice trenches. The courtroom. A courtroom on Salem, Massachusetts, to be exact. While it certainly does not involve the valor we celebrate today nationally, it does contain some violence and a couple of lessons for us.

Martin S., 53, of Lynn (hereinafter, the “Defendant”) recently lost his battle for his own personal liberty in the Salem courtroom. He was sentenced to serve two years at the Massachusetts Correctional Institute at Cedar Junction as he was found to have violated probation. Two witnesses testified at the hearing that he grabbed a woman by the throat and fought another man during a September 21, 2008 altercation at an apartment on Lynde Street in Salem.

The Defendant’s attorney said he had gone to the apartment to get his girlfriend out of there because she was drinking alcohol, a violation of her probation for a drunken-driving conviction.

Although the assault charge is still pending in court, the Superior Court Judge observed that the arrest itself is a probation violation. "He's gotten away with quite a bit in the last couple of years," the judge said yesterday before announcing the sentence at the conclusion of a probation hearing.

Continue reading "Massachusetts Probation For Fraud Is Violated By Assault Charges" »

Friday night was a big night for Massachusetts law enforcement in the prosecution of juvenile alcohol parties and narcotics investigations.

In Danvers, An investigator's patience paid off as he sat back and watched an alleged drug deal, stopping the car afterwards. He found a wide variety of drugs in the car, police said yesterday.

Danvers Police Lt. Carole Germano said Detective Robert Sullivan was staking out a Newbury Street business at 10:15 p.m. Friday. "He had set up surveillance in the Motel 6 parking lot and he observed a hand-to-hand (pass) and subsequently stopped the vehicle and seized the drugs and currency," she said.

The stash allegedly found included cocaine, heroin, Vicodin and other prescription drugs inside the car, as well as an undisclosed amount of money.

Darren L., 40, and Twyla H., 27, (hereinafter, “Defendants 1”), both of Lynn, were arrested and charged with conspiracy to violate a drug law, drug violation near a school or park, possession of Class A drugs to distribute, possession of Class B drugs to distribute and three counts of possession of Class C drugs to distribute.

The stop of the car was also occasioned by the driver’s alleged failure to stop at a stop sign, winning her an additional criminal charge.

Meanwhile, in Plainville, Massachusetts, thirteen youths, all under 21 years old, (hereinafter, “Defendants 2”) were having their weekend ruined. They were arrested at a party with underaged drinking Friday night, police said.

Continue reading "Arrests Made During Investigations Concerning Juvenile Alcohol And Drug Traffic North And South Of Boston" »

In Massachusetts, Joseph and Jila Youshaei have pleaded not guilty to charges they stole $53,000 in medical coverage from the state. According to court documents filed by Attorney General Martha Coakley’s office, the Brookline couple allegedly claimed they were earning $475/week between 1995 and 2005 when they actually owned a jewelry store, donut shops, a fruit vendor stand, a Boston building, lived in an expensive area, and were worth millions of dollars. They also sent their children to an exclusive private school.

At their arraignment on Thursday, however, their Massachusetts criminal defense lawyer said the Youshaeis were in fact not as wealthy during that 10-year period as prosecutors are alleging. While the couple did own a number of businesses, their attorney maintains that many of them failed. They also bought a house on Chestnut Hill Avenue, currently valued at $896,200, with no money down.

Investigators for Auditor Joseph DeNucci discovered the couple’s alleged misuse of MassHealth. The Youshaeis have been charged with two counts of procurement fraud and larceny over $250 . The couple allegedly obtained state health coverage that they were not entitled to for themselves and their three children while failing to report the income they obtained from their real estate and business ventures to MassHealth. The state’s public health assistance is intended for Massachusetts residents with low incomes.

Health Care Fraud
Health care fraud is a kind of white collar crime that involves dishonestly filing health care claims for profit. Both medical providers and patients have been known to commit this type of fraud.

Examples of health care fraud include:

• Filing more than one claim for the same service.
• Procuring subsidized prescriptions and selling them to make money.
• Revising medical records.
• Reporting procedures incorrectly to make a profit.
• Providing bogus or incomplete data when applying for services.
• Borrowing or lending of insurance cards.

Brookline couple deny they stole $53,000 in health benefits meant for poor, Boston.com, November 6, 2008

Brookline couple pleads not guilty to insurance fraud, Wicked Local, November 6, 2008

Related Web Resource:
Healthcare fraud, Law.Cornell.Edu

Continue reading "Brookline Couple Enters Not Guilty Plea to Charges They Stole $53,000 in Massachusetts Health Benefits " »

Massachusetts just voted to change the way we handle the prosecution of possessing a small amount of marihuana. Meanwhile, alcohol still seems to be getting its share of publicity as well.

Two recent stories bring the subject of alcohol home.

No, literally….home.

For example, at approximately 4:30 a.m. this past Saturday morning, Park Street in Stoughton was the scene of a lot of excitement; a car crashed into one of its houses, causing a fire that is now said to have made the house structurally unsafe.

Donald M., 22 (hereinafter, “Defendant 1”) is said to have driven into the uninhabited home, police said, and charged with operating under the influence of liquor, operating a motor vehicle negligently so as to endanger and marked lanes violation.

Fortunately, the home had already been uninhabited.

“Why?”, you ask.

“Because a similar thing happened last year”, I answer. That’s right, the house had already sustained serious damage, including a gaping hole to its foundation, caused by a similar accident last year. Defendant 1’s accident simply added another gaping hole. And caused a fire. And pushed the safety of the structure over the edge of soundness.

Continue reading "South And North Of Boston Tales Of Drunk Driving And Providing Alcohol To Minors Come Home To Roost" »

This one isn’t so funny. It involves the type of tragedy that happens all the time, particularly in urban areas. Of course, this one has a couple of twists.

This wasn’t the big city…it was Winchester, Massachusetts. In a peaceful dead-end street lined with single and multifamily houses where residents have lived for generations. Chris and Bryan Barbaro were two brothers living on the same street where they were raised. The same street where their parents and sister still live.

Now, they are both dead.

In October, 2007, Wally S., 30 (hereinafter, the “Defendant”) allegedly kicked in the door and forced his way into the Barbaros' three-family home and shot 48-year-old Bryan Barbaro in the chest, a wound he survived after being rushed to Massachusetts General Hospital. Brother Chris was shot in the forehead and died at that time.

Despite being wounded, Bryan Barbaro was able to call 911 and report that both he and his brother had been shot, officials said.

Although Assistant District Attorney Nathaniel Yeager told the court that 50-year-old Chris Barbaro was killed by the gunshot to the forehead, the Defendant was not immediately charged with the murder.

Continue reading "Breaking And Entering And Maybe Drugs Lead To Murder Charges Plus One In Massachusetts" »

You know, sometimes, when it rains...it pours. It’s happened to all of us and, now, it is happening to a particular former Boston firefighter.

Albert A., 46, (hereinafter, the “Defendant”) had enough problems. First of all, he had lost his job as a firefighter after participating in a bodybuilding contest despite claiming he was permanently disabled. You see, he had applied for a disability pension, saying he slipped on a staircase March 21. Not too long thereafter, though, he was found to have participated in a bodybuilding contest.

Woops.

Now, his fall on the staircase is matched by his falling in love with someone who seems to have fallen out of love with him. The result? He now faces criminal charges that he has violated a restraining order.

According to his ex-love, the Defendant has stalked her with such ferocity for six years that she finally she took out a restraining order and was too petrified to leave her Jamaica Plain apartment. She claims that she keeps her doors locked and closes her curtains “because he looks up to my window when (he’s) not in my hallway,” she wrote in the affidavit.

“He constantly calls me at work, harassing, at home, my parents, my siblings and my children,” she wrote in an Oct. 28 affidavit. “He gets in my hallway and stands by my door for hours. He follows me everywhere, and for that reason I am in fear of leaving my house.” According to the affidavit, the Defendant has been harassing her for six years. Yet, on the application for the restraining order she lists herself as having a current or present dating or engagement relationship with him.

Continue reading "A Massachusetts Bodybuilding Ex-Boston Firefighter Faces Allegations Of Fraud And Breaking Restraining Orders" »

Well, it just goes to show you…nobody is immune to the criminal justice virus.

Ask most members of law enforcement, and they will tell you that there is a big difference between “us” and “them”, referring to themselves and the “perps” they go after on a daily basis. The difference? Well, that “we” are the good guys and “they” are the bad guys, of course.

Hm. Somebody apparently forgot to mention this to Boston police detective Sgt. Thomas J. (hereinafter, the “Defendant”). He is alleged to have gotten a bit confused about this difference back in March during a trip out of town. In fact, it was in Savannah, Georgia, where he was celebrating St. Patrick’s Day. His actions during that vacation have now earned him an even longer respite from work now that he has been suspended without pay from the force. The suspension came when the eight-count indictment was handed down last week. Before that, the highly respected drug detective had simply been on paid leave from the department since March 15th.

Savannah police say that the Defendant followed a group of women back to their home and pounded on the door, saying he was a police officer and demanding they open up. He then attempted to force his way inside and struggled with one of the women at the door, police said.

He soon overpowered the women and pulled them outside, where he forced them to the sidewalk but made no further demands, police said. Instead, he fled. However, that course of action apparently works as well in Georgia as it does in Massachusetts. The Savannah police caught him.

According to the indictment, he then resisted arrest. Yes, same result as when it happens in the Commonwealth.

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In Massachusetts, Boston police made six arrests in connection with a robbery. One of the men who was apprehended, 22-year-old Edwin J. Prosper, was charged with several counts of unlawful weapons possession after police caught him sitting on three 9mm semiautomatic handguns while in a wheelchair. The arrests occurred on Saturday as Boston police officers were investigating an armed robbery report involving two men who say that a group of men confronted them and stole their cell phones.

The robbery victims chased their assailants to an apartment building on Pilsudski Way, where they were held at bay by two people with guns. The victims then ran from the scene but returned with police who entered the building and brought out six males and three females.

Only Prosper was apprehended with any weapons in his possession. One of the handguns he was sitting on has laser sight and the other two have high-capacity magazines. At the time of the arrest, Boston police say it was unclear whether the 22-year-old was disabled, hurt, or using the wheelchair as his prop.

Prosper is scheduled to be arraigned at South Boston District Court on Monday. Four of the other men and a 15-year-old boy face charges of intent to rob and armed assault.

Illegal Weapons Possession
In Massachusetts, it is against the law to own a weapon if you don’t have a Firearms Identification Card. In order to obtain an FID, you have to pass a federal NCIS check.

Even if you are arrested for a crime that has nothing to do with the gun in your possession, ou could face criminal charges for illegal weapons possessionif you don't have the legal paperwork authorizing you to own or carry a gun in Massachusetts.

Boston Police: Man in wheelchair sitting on guns, MSNBC, November 2, 2008

Suspect allegedly hid guns in his wheelchair, Boston.com, November 1, 2008

Related Web Resources:

Massachusetts Law About Weapons, Massachusetts Trial Court Law Libraries

The General Laws of Massachusetts

Continue reading "Massachusetts Man in Wheelchair Was Sitting on Guns, Say Boston Police Following Illegal Weapons Possession Arrest" »