Boston Criminal Lawyer Blog

As 2008 comes to a close, the Boston Police Department are still pursuing suspects, wherever they might be. Two such investigations have focused a spotlight on those sought in attempts to give them a warm place to stay for the holidays and a lawyer to talk to for company.

One of these investigations is actually the combination of what was once several different investigations. It involves several robberies which have recently occurred in the South End and Back Bay areas, including a Starbucks on Brookline Avenue about a block from Fenway Park.

The police has now released to the public the surveillance video of the suspect. Starbucks, for its part, is offering a $1,000 reward for information leading to an arrest in the store's Dec. 29 robbery. To view the video, or give information you may have about the star of said video, simply follow the first link below referencing the website.

The Starbucks robbery began like a scene out of Woody Allen’s “Take The Money And Run”. Police say that around 8:20 p.m. on Monday a man slipped a Starbucks employee a note that read, "Give me the money and no one gets shot." Thinking the note was a written coffee order, the employee read the message aloud to a second employee, who then, perhaps dumfounded, handed the robber money from the register.

The robber then grabbed the note and cash and fled on foot up Brookline Avenue toward Kenmore Square.

Boston police believe the same robber may be responsible for several other business robberies in South End and Back Bay. Those incidents happened on Dec. 18, Dec. 21, Dec. 23 and Dec. 24 in the area of Newbury Street.

In those robberies, the suspect passed a threatening note indicating he had a gun.

Apparently, these notes were understood by the recipients with no problem.

Continue reading "Investigations Continue Into Robberies And Murder – Boston Police Give One Suspect Video Fame, The Other Cuffs And A Lawyer" »

Slightly north of Boston, this week began with another romantic entanglement that spilled into the halls of justice. This time, it was substantially more tragic than our tale in yesterday’s daily blog. This time, somebody died. The prosecutor says that the killer is a criminal. Her defense lawyer, however, says she is the true victim, a victim of domestic violence.

Kimberly S, 30, of Somerville (hereinafter, the “Defendant”) was arraigned yesterday for murder. She is charged with plunging a kitchen knife into the chest of her boyfriend this past weekend. However, she claims that the killing of Amaldo A., 42, (hereinafter, the “Deceased”) was done in self-defense.

The Defendant, who claims to be a longtime victim of domestic abuse told police that she killed her boyfriend in the midst of another argument, according to a defense attorney and a police report filed today in court.

"Yes, I stabbed him, but he attacked me first," the Defendant told police, according to the report.

In Somerville District Court, she pleaded not guilty to a murder charge and was held without bail. Defense attorney Maria Curtatone pointed to what she described as bruises on her client's neck, chin, and forehead as evidence of chronic abuse.

Assistant Middlesex District Attorney Marian T. Ryan acknowledged that the couple had a history of domestic violence at their Greenville Street apartment. Neighbors said, however, that the Defendant was often the aggressor, Ryan said in court . The prosecutor also indicated that the smaller-in-stature Amado was too “embarrassed” to report the abuse.

Continue reading "Defendant’s Lawyer Argues That Boston Area Client Who Killed Boyfriend Is The Victim" »

It may be that the Boston area is simply a dangerous place for a nanny. Several years ago, we had that case in Cambridge where a British nanny was accused (and, actually, convicted) of killing a baby. The case made international headlines. She did have an extremely experienced criminal lawyer on her side and...guess what? She ended up going home when it was all over.

Well, this case is a tad different and the attorney ends up not being needed for the nanny after all. In fact, there was no nanny. Not even a baby. And the outer-Massachusetts part of the drama did not take place overseas, but in Miami, Florida.

You remember Florida, don’t you? Another fraud, to the tune of billions of dollars, was recently discovered there.

Meagan M., 22 (hereinafter, the “Defendant”) is a Miami woman who is alleged to have come up with an inventive way to try to keep her man. She made up a baby.

Well, kinda. She tried to do it the regular way, but did not suceed. Apparently, she lost the baby due to a miscarriage three months into the pregnancy. However, Miami police said the Defendant pretended to carry the baby to full term in order to keep her boyfriend, John B., 26, (hereinafter, “Big John”) from breaking up with her. She even named the phantom child, giving it Big John’s last name.

The real problems began when Big John wanted to see the child after its alleged birth. So, the Defendant did what seemed to be the logical thing...she reported that the baby had been kidnapped, and then reported the baby missing to police.

Now, what could be more romantic than that?

Continue reading "Boston Area Nanny Accused Of Kidnapping Baby, But It Is Not Her Who Needs The Criminal Lawyer " »

Pelham Police Chief Edward Fleury has pleaded not guilty to charges of involuntary manslaughter in the death of the Christopher Bizilj. The boy, 8, died after he accidentally shot himself with an Uzi at the Machine Gun Shoot and Firearms Expo in Westfield, Massachusetts. He also pleaded guilty to four counts of furnishing a machine gun to a person under 18.

Fleury is the owner of OPS Firearms & Training, which promoted the October gun show. If convicted for involuntary manslaughter, the police chief could spend up to 20 years in state prison and up to 10 years for the other charges.

On October 26, Christopher lost control of a 9mm micro submachine gun when it recoiled on him. His father was nearby, getting ready to take his son’s picture when the fatal accident happened. The Micro Uzi’s rate of fire is 1,700 rounds/minute.

According to District Attorney William Bennett, Fleury made a mistake when he told the two men who brought the gun to the expo that Massachusetts law allowed for children under 18 to use the submachine weapon. Last week, Domenico Spano and Carl Giuffre pleaded not guilty to involuntary manslaughter charges.

The Westfield Sportsman's Club, where the gun show took place, has also pleaded guilty to involuntary manslaughter. The club’s attorney says that no one from the club or who was acting for the club provided the Uzi involved in Christopher’s shooting death. At least three other children reportedly fired the gun at the expo.

Involuntary Manslaughter
An involuntary manslaughter charge involves a crime where the defendant did not mean to cause the victim’s death.

Mass. police chief pleads not guilty in Uzi death, AP, December 23, 2008

2 Plead Not Guilty to Manslaughter in Boy's Uzi Death, Fox, December 15, 2008

Related Web Resources:

A Brief Overview of Massachusetts Homicide Law, Mass.gov

Massachusetts "Gun Fair" Where Child Was Killed With Machine Gun May Have Violated Gun Law, Brady Campaign

Continue reading "Pelham, Massachusetts Police Chief Pleads Not Guilty to Involuntary Manslaughter in 8-Year-Old’s Uzi Death " »

You know, it is not just Metro Boston law enforcement who know how to investigate. They are all trained to do it. That is why I keep telling you not to try to outwit them because you are not likely to succeed. Keep quiet, comply and get a criminal defense lawyer.

Michael W., 23, (hereinafter, the “Defendant”), thought he could fool the officer who stopped him earlier this week. He was riding in a car when it was stopped for speeding in Ashland, Massachusetts. When questioned as to his identity, the Defendant apparently gave the police a false name.

Unfortunately for the Defendant, however, the name he gave belonged to someone whom the officer knew was already in jail, according to the police.

Of course, the Defendant had a reason for wanting to be someone else…there was currently a warrant out for his arrest for the crime of rape.

Continue reading "Call His Defense Attorney - Outside Boston Warrant Collector Is Back!" »

Lack of good judgment, while not a crime in itself, easily causes arrests. Here are two stories from the Boston area which illustrate this point and show how bad judgment can be expensive in the way of time, money, stress and the overall need for a defense attorney.

Beverly Police have charged two men are charged with the rape of a woman after a party and a night of drinking and smoking marijuana over last weekend. Another man known only by his first name (hereinafter, “Unknown Defendant”) could also face charges — if he is ever identified.

Terrence C, 17, of Beverly and Derek B, 18, (hereinafter “Defendants 1”), of East Bostonare the two identified defendants.

The rape reportedly happened on December 19th at a Cabot Street apartment and was reported to police just after midnight on Sunday morning, December 21st when the victim showed up at the Beverly Hospital emergency room. Beverly Police arrested the two men about 9 a.m. on Sunday.

The complainant, who is 18 years old, told police that it all began at a house party on Friday when the victim and the men went to one man’s apartment because he was under house arrest with a bracelet and had to be home, according to the police report.

Apparently, being under house arrest with a bracelet on is not a sign to be wary to today’s youth.

When they arrived, the complainant told police she gave Unknown Defendant $30 in cash to buy her Mike’s Hard Lemonade and grape vodka. When they returned to the apartment they all smoked marijuana and drank together, the complainant told police.

Just another typical Friday night in the ol’ north shore!

Continue reading "Love, Drugs, Sex, And Violence Outside Of Boston – Defense Attorney’s Needed" »

North of Boston, Evelyn C., 74, (hereinafter the “Defendant”) thought she had reason to celebrate. Instead, she found that the gift she thought received from the Registry of Motor Vehicles (RMV) necessitated a little something extra…namely, a criminal defense lawyer

You see, like many of us, she was driving around the morning of December 17th. Unlike many of us, however, she was not supposed to be behind the wheel at all until 2015.

That's what a Salem District Court judge had told her last August when he sentenced her after her third operating under the influence conviction.

She knew it and the court knew it…but, the RMV…not so much.

Just last month, in fact, they issued a brand new shiny driver’s license for the Defendant.

An isolated occurrence?

Again, not so much.

You see, her case is one of what the state auditor last summer estimated as thousands of drivers whose licenses were never yanked by the RMV despite court orders following drunken driving and other motor vehicle convictions.

Continue reading "North Of Boston, A Convicted Drunk Driver Believes She Has Gotten A Gift…But Turns Out To Need A Defense Attorney To Go Along With It " »

How did you begin your weekend? I began mine by driving to court in Boston, doing other lawyer-like things at the office and then running home to “hunker down”, as the radio told me to do, because of the impending snow. I also dug out my car a couple dozen times.

I felt alittle put-upon by all that nasty snow.

In retrospect, though, I feel luckier. After all, 31-year-old Jason R. of Pelham, Massachusetts (hereinafter, the “Defendant”)did not have to shovel any snow on Friday, or Saturday or even Sunday. That was done for him.

In federal custody.

You see, he was arrested on Friday on federal warrants in Framingham stemming from a Pelham police investigation concerning illegal firearms possession.

Well, it was not just the fact that he was in possession of the guns…it was that he was a felon in possession of the guns.

The Defendant and law enforcement have had a bit of a stormy relationship over the past years.

Continue reading "North Of Boston Gentleman Possesses Weapons That Any Defense Attorney Could Have Told Him He Was Not Allowed To Posess After A History Beating People With Them" »

In Massachusetts, two Cape Cod teenagers and an adult were arrested for the murder of 16-year-old Jordan Mendes. Kevin Ribiero and Mykel Mendes, who are both 13, were charged with armed robbery and murder in juvenile court. Robert Vacher, 20, was charged with armed robbery and first-degree murder as an adult.

Jordan’s burnt body was found in a pit in the Hyannis woods. The suspects reportedly stole $10,000 from him. Jordan was a drug dealer.

Mykel and Kevin were arraigned on Friday and remanded to a juvenile detention center. Robert, who pleaded not guilty to the charges against him, is being held without bail.

Mykel and Jordan’s father is Manuel Mendes, who is serving a 35-year prison sentence for trafficking cocaine at the Plymouth County House of Correction while he was serving a sentence for another drug conviction. Mykel’s Massachusetts criminal defense lawyer says his client was not involved in his half-brother’s murder and is grieving over his death.

Prosecutors claim that Robert ambushed Jordan in Mykel’s bedroom, stabbing him 27 times and shooting him. The two 13-year-old’s are accused of being there at the time of the assault and providing Robert with the murder weapons. They then allegedly took Jordan’s body and dumped it into a hole before returning the next day to set it on fire. They then allegedly used the money they stole from Jordan to buy a used BMW.

The two teenagers will have to be tried in juvenile court. If the 13-year-olds are convicted of the juvenile crimes, they would have to be placed in the custody of the Department of Youth Services until their 18th birthdays. After that, the DYS would have to get the court’s permission to keep the boys in custody until their 21st birthdays. Robert could face a life prison sentence without parole if he is convicted of 1st degree murder.

Two 13-year-olds, adult charged in Cape Cod Slaying, Boston Herald, December 20, 2008

13-year-old boy accused in killing of brother, Boston.com, December 20, 2008

Related Web Resources:

Massachusetts Department of Youth Services

Juvenile Crimes in Massachusetts (PDF)

Continue reading "16-Year-Old Massachusetts Murder Victim’s 13-Year-Old Half Brother is One of the Suspects Charged with His Slaying" »

In the north of Boston, there is a little city called Salem, Massachusetts. Salem is a fun place with its own claims to excitement. A number of years ago, for example, we used to hang people for being witches. Next to Salem, is Lynn. Perhaps for more mundane reasons, Lynn tends to be a rather exciting place to live too as we have discussed in the this daily blog many times.

Last July, a Lynn man, apparently unsatisfied with the adventures that Salem had to offer, engaged in alittle excitement of his own. Well, his and his lady friends…

Michael B., 37, (hereinafter, “Boy Defendant”), and his girlfriend, Caroline T., 27 of Woburn (hereinafter, “Girl Defendant”), came to Salem two days ago to put an end to their pending criminal matter. They were coming to plead guilty .

It had been an assault case. Actually, a domestic violence assault case. A domestic violence assault case that was allegedly committed right outside the courthouse.

The alleged victim? Boy Defendant’s estranged wife (hereinafter, “Mrs. Boy Defendant”).

Continue reading "The Love-lorn North Of Boston Come To Blows And Need Defense Attorneys " »

In Massachusetts, the stepfather of 14-year-old Haleigh Poutre was sentenced to 12 – 15 years in state prison for his role in a near fatal 2005 beating that left the girl in a coma and with a permanent brain injury. Jason Strickland, 34, was convicted of two counts of assault and battery with a dangerous weapon, two counts of assault and battery on a child with substantial injury, and one count of assault and battery. He was acquitted of one count of assault and battery with a dangerous weapon.

Strickland and his late wife Holli had adopted Haleigh from Allison Avrett, who is Holli’s sister. Avrett signed over her parental rights to the couple because she was suffering from mental health issues and drug abuse.

Massachusetts prosecutors charged the couple with beating the then 11-year-old. Only Strickland's case was tried in court, however, as Holli later died, along with her grandmother, in a suicide-murder.

During the trial, Strickland said he noticed that Haleigh had a number of wounds on her body, but he believed Holli when she told him that Haleigh’s wounds were self-inflicted. Over a period of five years, the girl’s doctors, state social workers, and therapists also believed Holli’s explanation and dismissed concerns expressed by teachers and neighbors that Haleigh was the victim of abuse.

While the jury believed that Strickland wasn’t there during the last beating, they believe he allowed the abuse to happen when he left Haleigh alone with Holli. Strickland’s criminal defense attorney is appealing the jury’s criminal verdict. Strickland’s mother, Bobbi says her son is being used as a scapegoat—especially as social workers and doctors also missed signs that Haleigh was an abuse victim.

Haleigh now lives in a Boston rehabilitation home. Her beating injuries placed her at the center of a Massachusetts right-to-die case when state child welfare officials sought to remove her feeding tube when it did not seem like she would recover from her coma. Not long after, Haleigh began to show signs of improvement.

Stepdad Jason Strickland gets 12-15 years in Haleigh Poutre case, Boston Herald, December 18, 2008

Jason Strickland Convicted of Beating Stepdaughter, CBS3, November 26, 2008

Related Web Resource:

Haleigh Poutre, USA Today

The General Laws of Massachusetts

Continue reading "Haleigh Poutre’s Stepdad is Sentenced to 12 – 15 Years in Prison for Assault and Battery Convictions Related to Massachusetts Child Abuse Case" »

Let the games begin! As local as Boston and as distant as the globe will reach! The adventure of pointing fingers and looking for bodies to blame, as expected, has begun. Defense Attorneys for everybody! Everybody pays!

Bernard Madoff (hereinafter, the “Defendant”), talking in 2001 about what fed the Internet bubble said "You had a lot of novice investors who got into the market looking for easy money, without any regard to the fundamentals. These stocks were running on fumes."

You would almost think that the Defendant did not have a lot of faith in investors, regulatory agencies such as the Security Exchange Commission and the market in general, wouldn’t you?

Well, I guess now we know why. He, himself, was apparently engaged in a huge fraud and getting away with it.

Unless you have been living under a rock for the past couple of weeks, you have heard that the Defendant is accused of devestated the international economic world, when it was already reeling, through what is alleged to be a fifty billion dollar scam, the largest such fraud in history. For more background information, you may want to check out Tuesday’s blog, entitled, Boston Is Hit, Along With The Rest Of The Country, By Financial Guru And His Use Of A Boston-Originated Method Of Fraud (The Madoff Nightmare Part One.

The question of what to do next appears to be a nasty little thing for which there is no clear answer. Therefore, filling that vacuum, we move to other, and perhaps more lucrative, questions. The questions include such topics as how any scam of this size could remain a secret for so long, who was involved, who else is out there doing similar things and, of course, who got off easy.

In short, the questions are “Who else can we blame?” and perhaps more importantly, “Who else can help finance the cleanup?”

Hey, it’s what we do.

Continue reading "A Man And A Scam Have Brought Boston’s Philanthropic Community, Among Others, To Its Knees And So We Seek Additional Targets For Blame And Sources Of Money. Break Out The Defense Attorneys! (The Madoff Nightmare, Part Two)" »

In Massachusetts, Plainville investigators are seeking to charge a 19-year-old man with purchasing alcohol as a minor and procuring alcohol for a minor. According to Plainville Police Lt. Jim Alfred, Brian Zuzick is alleged to have asked a 21-year-old North Attleboro friend to buy alcohol for Zuzick’s sister Paige and 17-year-old Taylor Meyer. Zuzick is accused of giving each of the girls a bottle of rum on October 17.

Meyer’s body was found in a swampy area in the woods in Norfolk on October 20, three days after her disappearance following a post-Homecoming game party at the abandoned Norfolk airport. Investigators say she drowned.

If Zuzick is convicted, he could be ordered to pay a $2,000 fine, have his license suspended for 180 days, and spend a year in prison. In October, Christopher Moran, 18, pleaded not guilty to charges that he brought alcohol to the party where Meyer was last seen. Police are continuing to investigate the circumstances that lead to Meyer’s death.

Last month, at least 13 of Meyer’s schoolmates, all underage teens, were arraigned in Wrentham District Court for their attendance at a drinking party at a local home. Police say they found alcoholic beverages and marijuana at the event.

If you have been arrested for an alcohol-related criminal offense in Massachusetts, you should speak to a Boston criminal defense lawyer about your case. Massachusetts has strict laws about buying alcohol or serving it to minors. It is also illegal for Massachusetts minors to buy or drink alcohol.

Criminal charges sought in teen's death, Boston.com, December 17, 2008

Teen Arrested In Taylor Meyer Probe, WBZ, October 30, 2008

Laws Related to Alcohol, MIT

Continue reading "Plainville Man to be Charged in Massachusetts High School Senior Taylor Meyer’s Drinking Death" »

This holiday season, so many religions and traditions call for gift-giving. Sometimes, those gifts are a big surprise. One gentleman from out of state has been given a surprise gift from the government because of the gifts he has given throughout the country, including the Boston area, big time. The gift he received is the need of a criminal defense attorney. The wide-spread gift he gave? Well, that would be the gift of financial ruin.

You already know his name. It is Bernard Madoff (hereinafter, the “Defendant”). He is a 70-year-old former chairman of the Nasdaq Stock Market, who has now been awarded the country’s bracelets of shame. Last Thursday, he taken out of his house by United States marshals and charged with securities fraud by federal authorities.

Ironically, the Defendant’s gift of restraints and forced government housing was connected to charity and gift work throughout the nation. His actions have apparently brought about the destruction and near-destruction of various charities and philanthropies throughout the country. That’s right….that means fewer gifts for the under-privileged. It also means the same thing for victims of every financial level because they all have one thing in common now. They have been victims of white collar crime in a big way to the tune of approximately fifty billion dollars.

Such a loss is kind of hard to swallow, especially in such difficult economic times. Actually, it was the market's recent crash that finally brought the Defendant’s alleged $50 billion Ponzi scheme to light. The Defendant himself is said to have “come clean”. He has admitted that his money management operations were "all just one big lie" and "a giant Ponzi scheme." .

You may be unfamilier with the term “Ponzi scheme”. For those so uninitiated, it is a fraudulent investment operation that involves paying abnormally high profits to investors out of the money paid in by subsequent investors, rather than from net revenues generated by any real business. It is named after Charles Ponzi who apparently introduced the scheme to the United States in the early 1900’s from…of all places…Boston. Because the invested capital is not earning a sufficient return on its own, Ponzi schemes usually eventually collapse under their own weight.

So much for a “I never thought it could happen…” , or, perhaps more formally, “Whodathunkit” defense.

Continue reading "Boston Is Hit, Along With The Rest Of The Country, By Financial Guru And His Use Of A Boston-Originated Method Of Fraud (The Madoff Nightmare Part One) " »

Good Monday morning to you, Boston and environs. I hope you are free, recovered from last week's ice storms and ready to begin a new week. Hopefully you are greeting another week without the need for a criminal defense attorney.

Yet.

Unfortunately, there will be no "regular" blog today. This is primarily because of the story I am basing a rather longer-than-usual blog on that is simply not finished by the time I need to be in court today.

To give you a hint on the subject matter, let me give you the following "coming attraction":

You may have heard the term “Ponzi scheme” before. For those so uninitiated, it is a fraudulent investment operation that involves paying abnormally high profits to investors out of the money paid in by subsequent investors, rather than from net revenues generated by any real business. It is named after Charles Ponzi who apparently introduced the scheme to the United States in the early 1900’s from…of all places…Boston. Because the invested capital is not earning a sufficient return on its own, Ponzi schemes usually eventually collapse under their own weight.

If that was not enough, does the name "Madoff" or subject "fraud" ring a bell?

Well, more on that tomorrow. I am, however, committed to getting in this daily criminal law blog each Monday through Friday, so I did not want to leave my readership wanting. In the meantime, please check out my "byline", below, for a new addition. Basically, it has occurred to us at Altman&Altman, LLP, that you might want to either "talk back" or approach me about a case you may have...or suspect you may have.

You should feel free to do so. The number is listed there and, as you can tell if you go to my short biographical statements, you may reach me by email at attygoldberg@aol.com.

And so, it would seem, that today's blog reads more like a commercial than usual. Well, use of the term "commercial" reminds me of "commercial enterprise" which, in my line of work, often turns out to mean "criminal enterprise".

Which is another foreshadowing to tomorrow's blog.

Have a great (and law abiding) day!

Samuel Goldberg is the senior criminal defense attorney at the firm of Altman & Altman, LLP. A former prosecutor in New York, he has worked as a Boston defense attorney over 18 years. 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

Believe it or not there was an article used for today's daily blog and it can be found at http://en.wikipedia.org/wiki/Ponzi_scheme

Taghi T., 28, of Boston, (hereinafter, “Defendant 1”) was awaiting his mail on Wednesday. He did not realize that a criminal defense attorney would need to be involved.

Apparently, he should have.

Law Enforcement had intercepted the parcel and when Defendant 1 went to UPS in downtown Boston to claim it, he received the Commonwealth Bracelets of Shame instead. You see, the postal workers were really police officers. The package had a bit of marihuana in it…a “bit” being defined here as 10 pounds worth. And you know how the police are…always suspicious. For some reason they suspected there might be more goodies to be found, so they decided to search his Boston home.

They turned out to be right. They found a large amount of materials typically found in any healthy drug operation, according to Suffolk County prosecutors. Well, that is, if you consider 800 grams of cocaine, another 15 pounds of marijuana, more than 200 prescription pills, $25,235 in cash and various drug paraphernalia such as scales, cutting agents, and bags a “large amount”.

The Commonwealth does, incidently.

And so it was that Defendant 1 found himself before a Boston court facing various drug charges such as cocaine trafficking and drug possession.

But, hey, that’s the “big city”, right? If you are talking about Massachusetts, Beantown is the “big leagues”! The urban Mecca! What do you expect?

Continue reading "North Of Boston Does Its Best To Catch Up To Boston Proper’s Busy Drug Trade" »

The Boston Herald reports about what are generally considered a couple of those “dirty little secrets” about the Justice System. They involve rather inconvenient truths that are particularly disconcerting, and so tend to be ignored, in the criminal justice arena.

And by the way....they are probably truths you have even suspected at times.

The first one is that, sometimes, police officers overdo it when it comes to force.

The other one is a bit more complicated, but I have faith in you that you can follow it.

Ready?

Step 1- Sometimes, people lie while under oath.

Step 2-Police officers are people

Step 3- Sometimes police officers lie while under oath.

No, this does not mean all police officers and it does not mean this happens in every case. I can tell you from experience, however, that I have experienced cases wherein police officers did not feel overly burdened by the boundaries of the truth.

Usually, these instances go without any penalty to the officer, although it is the crime of perjury just as when one of us “regular people” do it.

Not this time, though.

Continue reading "Massachusetts State Trooper And Proclaimed Scourge Of Drunk Drivers Accused Of Brutality And Perjury" »

Reports say that robberies are on the rise. I suppose that is not a big surprise, given the economic downturn we are dealing with.

Some of the attempts do have some entertainment value, though.
For example, let’s begin with such an attempt from earlier this very week. We turn to Lowell, Massachusetts. There, we find a peaceful scene. A grandmother and her 8-year-old grandson inside their home. Enjoying the day, perhaps happy that the snow from Sunday had stopped. Norman Rockwell type of scene.

Suddenly, there is a knock at the door.

End of peaceful scene.

Grandmother and Grandson were suddenly terrorized. A man and woman burst into the home, demanding money. Actually, they were more specific than that. With masks on, Grandmother tells us, “They kept wanting $1,000. They kept saying, 'You got $1,000!"

Grandmother explained to them that she didn't have that much money in the house.

The duo did not belie her. They demanded her purse, which she told them was in another room.

"So when he went for my pocketbook, I told my grandson run and get the police," she said.

The 8-year-old did as Grandmother told him. He bolted from the house and ran about 100 yards to a gas station, screaming for help.

"I ran in there. I told them to call 911, because people in my house wanted money," said the grandson.

Right after the child ran out, the couple fled without getting any money. They apparently sought to get away, but, naturally, ran in the same direction as the boy.

Continue reading "Massachusetts Robbery Attempts, With And Without Weapons, Continue To Rise…And Sometimes Fail" »

Maybe we are taking the wrong approach when a juvenile brings a gun to school. After all, especially after the rash of teen-aged rampages at schools, where people were murdered, we have taken the child/gun combination very seriously. Maybe this has been a mistake.

Perhaps we should embrace it! Maybe make Uzi Firing 101 a required high school course. Actually, perhaps that is starting too little and too late. The answer may be to have each homeroom class in grade school assigned an actual tank and the kids can take turns practicing on it. I realize it may pose a bit of a problem with home-schooled kids. Tanks are big. Not all homes can accommodate one. But all kids deserve a full education. Perhaps the home-schooled kids, and kids too young for school, can be allowed to “skate by” with bazookas!

“Ok”, you yell as you back-hand your computer monitor. “Sam’s finally gone over the deep end!”

Really?

Well, perhaps you can explain to me the "brain trust" targeted by a new indictment that just got handed down in Hampden Superior Court. I warn you in advance, though, it is not a funny story.

The incident happened on October 26, 2008 at Massachusetts’ Westfield Sportsman’s Club (hereinafter, “Club Defendant”). There, men go to “be men” and boys go to be…the same as men, I guess. After all, if a man can handle a cute little uzi sub-machine gun, can’t a young child? And, after all, what does age matter? If a teenager can do it….then an 8 year old can, right?

Now, I could ask “why would you want them to?”, but instead of asking a question, I will simply answer. The answer is, “Well, not really.”

But, then, I guess hind-sight is 20/20 and, after all, I have the benefit of knowing what happened. How could anyone prior have even considered the possibility that giving an 8 year old little boy an Uzi to fire was a bad idea?

Well, they are considering it now; the boy is dead.

Continue reading "Massachusetts Gun Club And Police Chief Among Those Indicted For Young Child’s Homicide" »

Happy Monday. How did you start your weekend? I hear a lot of people went shopping. At Altman & Altman, LLP., we moved our offices next door.

In Fitchburg, Massachusetts, a gentleman had a high speed chase with an officer.

As usual, he did not win. He did, however, manage to injure a police officer, which successfully gained him membership into the infamous “Hey, I’ll Bet I Can Make This Worse” Club.

Of course, according to authorities, James T., 36 of Templeton (hereinafter, “Defendant 1”) had not exactly been the pillar of good judgment before the chase. There had already been a little matter of that warrant out for his arrest in connection with the robbery of the Fitchburg Savings Bank in Parkhill Plaza in April 2007.

Last Friday, police say that Detective Perry Pappas saw Defendant1 come out of a Marshall Street house around 1 p.m. and get into a black Saturn driven by a woman. The Detective followed the Saturn in an unmarked cruiser through city streets, and called for marked cruisers to help him with the arrest.

So far, so good.

Marked cruisers arrived around the intersection of Blossom and Crescent Streets. They signaled for the driver of the Saturn to stop.

That did not go over so well.

The Saturn did not stop. Instead, it drove along several more streets in the Fitchburg State College area and then hit another car at Pearl Street and Myrtle Avenue; that car, in turn, struck the cruiser driven by Police Officer Michael Rochette, police said.

The female driver of the Saturn was arrested at the scene and was taken to Leominster Hospital. Officer Rochette and three people in the car his cruiser collided with were taken to Leominster Hospital with what police said are non-life-threatening injuries.

Defendant 1, however, was not done yet.

Continue reading "Massachusetts Bank Robbery Suspects Continue To Engage Police In High Speed Chases And Win… Larger Criminal Sentences" »

Former football great OJ Simpson has been sentenced to up to 33 years in prison—with the possibility of parole after 9 years—for his involvement in an armed dispute at a Las Vegas hotel. On October 3—13 years to the day that the 61-year-old was acquitted of murdering his wife Nicole Brown Simpson and her friend Ron Goldman—Simpson was convicted of 12 charges of armed robbery, assault with a deadly weapon, and conspiracy to kidnap.

During his sentencing hearing in Las Vegas, Simpson, 61, apologized to Judge Jackie Glass, saying he never intended to hurt anyone and that he was only trying to get back his property. He acknowledged he was wrong in approaching the confrontation the way that he did and said that he didn’t know that he was breaking the law.

On September 13, 2007, Simpson led a group of men, a few of them armed, into a room at the Palace Station Hotel and Casino. They were supposed to get sports memorabilia back from dealers Al Beardsley and Bruce Fromong. Simpson claims the items were stolen from him.

Simpson denies knowing that any of the men planned on bringing weapons, but two of his co-defendants claim that he told them to bring guns.

Four of the other men charged with the armed robbery crime worked out deals with the prosecution and testified against Simpson and co-defendant CJ Stewart. Simpson and Stewart were found guilty of all charges against them.

Criminal defense attorneys for Simpson say they intend to appeal the verdict. They say Simpson was unable to obtain a fair trial because of the infamous 1995 murder trial. Even though a Los Angeles jury found him not guilty of the murders of Nicole and Ron, the former football hero became a social outcast and many people in the public continue to question his innocence.

Anyone charged with any crime in the United States is entitled to a fair criminal trial—even if he or she is an infamous person or has been charged or convicted for unrelated crimes in the past.

O.J. Simpson to serve least nine years in prison, CNN, December 5, 2008

Simpson Sentenced to at Least 9 Years in Prison, New York Times, December 5, 2008

Related Web Resources:

O.J. Simpson Police Report, TMZ, September 13, 2007

The Simpson trial timeline, USA Today

Continue reading "OJ Simpson Sentenced to at Least Nine Years in Prison for Armed Robbery" »

A new year is just about dawning! There is a new administration coming in to lead the country! Even our Cambridge office is moving (next door)! Let’s face it, people are on the go!

And, as goes “the people”, so goes the criminal justice system.

For example, let’s look at the case of the “Traveling Brawl Show” which opened its tents this week. It had a relatively short run, though. It ran from the evening hours of Tuesday to the morning hours of Wednesday, starting in Dennis, Massachusetts and ending in Hyannis.

It was not a “feel good” type of show, though. The star of the show, Patrick D., 27, of Dennisport (hereinafter, “Defendant 1”) performed the last act solo amidst charges of assault and battery on a police officer, assault and battery, resisting arrest and disorderly conduct.

The touring group began around 9:30pm on Tuesday at a Christy's in Dennisport. A customer mentioned to the store's assistant manager that a fight was underway near the dumpster to the rear of the store. The employee looked out and saw about 10 people fighting, including one with a baseball bat.

The assistant manager called the Dennis police. Meanwhile, the fight moved to the middle of Route 28, stopping traffic. The participants fled when Dennis police cruisers arrived.

According to court documents, the altercation allegedly led to two men being beat with one or more baseball bats and to the stabbing of Defendant 1 's brother. The injured were taken by others, including Defendant 1 , to the hospital.

Later that night, Officer Barrette was dispatched to the hospital to stand by the victims while Dennis police were en route to take statements. Hospital security guards took Barrette into an office to observe the people who had arrived with the injured.

The officer said he saw a man run into the emergency room lobby being chased by Defendant 1 . The man stood behind a hospital guard, but Defendant 1 allegedly still punched him.

Continue reading "Massachusetts Is On The Go With Assaults, Drugs And Captive Audiences" »

You know, I really hate to beat up on anybody. I really don’t want to be mean.

But when the same guy keeps popping up with new charges and seems to be pushing for czar of the “Hey, I’ll Bet I Can Make This Situation Worse” Club’s newest section, “How Far Can I Push Things Before They Just Lock Me Up?”, I really have to make comment.

I have written about this guy before. He is the former Boston firefighter and bodybuilder Albert A., (hereinafter, the “Defendant”). He is back in the news and back in Commonwealth housing.

Perhaps you remember him.

He was one of Boston’s fireman until a number of months ago. You see, on March 21st, he allegedly slipped on a staircase. Nobody had witnessed the accident, but a Dorchester neurologist said in a report that the Defendant was “totally and permanently disabled”. So, the Defendant applied to the Boston Retirement Board for a disability pension.

Unfortunately, on May 3rd, he achieved apparent medical history by finishing eighth at the 2008 Pro Natural American Championships in Marlborough, Massachusetts. After the Boston Globe published a picture of the medical marvel during the competition, Fire Department officials ordered him to return to work.

He didn’t.

He was fired.

The media had a field day, denouncing the Defendant and his fraudulent acts, not to mention the system that had allowed him to so easily do so.

This would have been enough for most people. But not the Defendant. There was still some room left on that rope.

Continue reading "Boston Ex-Firefighter Faces New Charges In Violating Restraining Order And Is Sent To Jail" »

You know, Massachusetts is not the only state with laws against fraud. It does turn out to be local news, though, when the Commonwealth’s favorite, if sometimes controversial, team is used in the scam.

Charles P., 38, of Jamestown, Rhode Island (hereinafter, the “Defendant”) is in a bit of Red Sox-related trouble. You see, he is accused of scamming, and trying to scam, nearly $1 million from people and a credit union by posing as a Red Sox scout, a real estate investor, cancer survivor, and a philanthropic benefactor all rolled into one. As of Tuesday afternoon, however, he was given a newer identity. This one turns out to be legitimate, though.

He is a criminal defendant being held without bail in Warwick, Rhode Island.

Surprisingly enough, it turns out that the Defendant was not a Red Sox scout, had nothing to do with real estate, and didn't have cancer. .. although State Police Lt. Col. Steven O'Donnell said that the Defendant made weekly trips to the Dana-Farber Cancer Institute in Boston for "cancer treatments" to fool his own girlfriend.

Apparently, having cancer is some kind of aphrodisiac in Rhode Island…at least with this couple. However, the romance dimmed when the girlfriend discovered that the Defendant allegedly had collected $435,000 from her boss at American Power Conversion for real estate investments that never materialized -- and were never going to.

Did you know that money issues tend to be a leading cause of break-ups in the United States? Fraud apparently tends to aggravates things.

Upon learning about the Defendant’s scheme, his girlfriend is said to have pressured him to repay her boss.

And he did.

Unfortunately, he did so by writing out a check for $315,000 to the Greenwood Credit Union on a closed account from Bank of Rhode Island. Not only that, but a teller recognized him from media reports about his arrest in November for allegedly posing as a Red Sox scout to get $6,000 from a woman. The teller made a call to the state police.

“Arrest in November? Red Sox?”, you exclaim. “What’s up with that?”

Well, you see, the Defendant previously became Legally Challenged in November, when he was accused of scamming a woman out of more than $6,000 by pretending he was a Boston Red Sox talent agent with access to baseball tickets. Of course, that brush with the law only gained him a single count of fraudulently obtaining money under false pretenses. He was freed after his arraignment.

Continue reading "Multiple Fraud Suspect In Boston Red Sox Scheme Is Retired" »

The criminal defense attorney of William Balfour, Jennifer Hudson’s estranged brother-in-law, says his client is not guilty of killing the Oscar winner’s mother, nephew, and brother. Balfour was formally charged this week with three counts of first-degree murder in the deaths of Hudson’s mother Darnell Donerson, her brother Jason Hudson, and her nephew Julian King, as well as one count of home invasion. Balfour was separated from Hudson’s sister Julia, which makes King, 7, his stepson.

Balfour, who was being detained in a state prison for a possible parole violation was sent back to police custody upon his arrest for the killings. He had been questioned about the murders before, but was released without being charged until now.

His defense lawyer says that the amount of time that passed between when the murders happened in October and his client's arrest this week indicates that the case against Balfour is weak. He is calling his 27-year-old client a “convenient” suspect. Balfour’s mother also maintains her son’s innocence and says police relied on a statement made by a girlfriend who is facing a drug charge.

Police, however, say that no deals were made with witnesses and there is enough evidence to convict Balfour for the Hudson family murders. They claim that not only do they have physical evidence, including the murder weapon, but they also have testimony that could convict the 27-year-old.

Police believe the three murderers were domestic violence-related and that Julia Hudson and William Balfour had been quarreling when the killings happened. Donerson and Hudson were found shot to death at the family’s home. King’s body was found four days later in a sport utility vehicle.

Balfour’s bond hearing is scheduled for today.

Charges filed against William Balfour in Hudson family slayings, Chicago Sun-Times, December 2, 2008

Police confident Hudson family murders solved, Reuters, December 2, 2008

Lawyer: William Balfour Innocent of Jennifer Hudson Family Murders, People, December 2, 2008

Related Web Resources:

Jennifer Hudson Biography, IMDB

Jennifer Hudson's mother, brother murdered in Chicago, Daily News, October 25, 2008

Continue reading "Jennifer Hudson’s Brother-In-Law Charged with Murdering her Mother, Nephew, and Brother" »

Sometimes it’s the opposite of a chase…!

Yesterday’s daily blog focused on police chases and attempts by defendants to get away from the scene of the alleged crime.

But in Weston, on Route 117 early Saturday morning, Joaovitor R, 18, of Watertown (hereinafter, the “Defendant”) is said to have driven right into two police officers.

Literally.

Yesterday, the Defendant appeared before the court to answer various charges related to the event. Although pleading not guilty, he is being held pending a dangerousness hearing at Waltham District Court.

The event took place as Sgt. Keith Kasprzak and Officers Steve McShane and David Zampell were investigating an unrelated accident involving a pickup truck that hit a utility pole in the Conant Road area of Route 117 at 2:30 a.m. on Saturday.

As Officer Zampell was directing westbound traffic, a car approached him. It was allegedly the Defendant.

The car stopped within inches of the officer.

And then the driver hit the gas.

Continue reading "Massachusetts Drunk Driver Assaults Police And Faces Charges Of Attempted Murder" »

North Attleboro, Massachusetts, had more than its fair share of attempted escapes from law enforcement last week. Two such cases graced the hallowed halls of Attleboro District Court last Friday.

One case involved some teenagers who led the police on a high-speed chase into the welcoming arms of Rhode Island. The teens, a 15-year-old girl and three lads of 17, all of Providence, (hereinafter, “Defendants 1”) ,allegedly broke into vehicles at an Attleboro movie theatre and then took off in a stolen car.

Defendants 1 then led the police on a chase on Interstate 295 at speeds up to 100 miles per hour. Once they reached Rhode Island, the North Attleboro police broke off the chase.

Home free?

Afraid not.

Three of them were returned to Massachusetts (one is trying to fight extradition) to answer charges of breaking and entering, vandalism charges and possession of a stolen motor vehicle. The driver also faces traffic offenses.

You see, the North Attleboro police are not alone in the world. They have friends. Take Rhode Island law enforcement, for example. Rhode Island authorities picked up the chase, which ended on Route 7 in Smithfield, R.I., when the vehicle crashed into a brushy area off the highway.

So, other than the Massachusetts charges, they all now all face related charges in Rhode Island.

While two of the above-mentioned boys were arraigned in North Attleboro District Court last Friday, they had plenty of people to talk to. For example, there was Dennis W., 23, of North Attleboro (Hereinafter, “Defendant 2”). The police say that Defendant 2, an alleged drunk driver, struck a utility pole and drove off before calling a friend to drive his car.

Continue reading "Massachusetts Alleged Drunk Drivers And Robbers - Escape Statistics Are In: You Are Losing" »