Boston Criminal Lawyer Blog

In an interview with the Patriot Ledger, convicted Massachusetts Level 3 sex offender Alvin B. Fields Jr. says he is not a danger to his community. Fields, a Plymouth resident, appeared in Plymouth District Court last week after he was apprehended for taking his clothes off in front of an Old Navy at a Massachusetts mall. In the last four years, Fields has been arrested a number of times for exposing himself in public. In 2005, he was convicted for statutory rape.

Fields says he never exposed himself in front of the Old Navy store. He also says that he did not know that the teenager he slept with, leading to his Massachusetts rape conviction, was only 13. He says that he pleaded guilty in that case and was given a lenient sentence due to extenuating circumstances.

Fields’s victim, however, says that she met him at a Quincy parking lot and he served her alcohol. She says she passed out and woke up to find Fields having sexual intercourse with her.

He was sentenced to a two-year prison term and a lifetime of parole, which means he could go back to jail for another arrest. However, the charges against him involving public exposure are not offenses that can be applied under this parole.

Levels of Sex Offenders in Massachusetts
Level 1: The Sex Offender Registry Board finds that the chance of the offender committing another sexual offense is low, as is his or her degree of dangerousness to the public.

Level 2: The Board considers this offender's risk of reoffense and dangerousness to be moderate.

Level 3: The sexual reoffender is considered at “high risk” for reoffending and his or her degree of dangerousness to the public is determined to be substantial.

Fields was on Massachusetts’s 2006 10 Most Wanted Sex Offender list because he did not register as a sex offender.

Level 3 sex offender: “I am not a pedophile",Enterprise News, January 29, 2009

Levels of Sex Offenders, Mass.gov

Related Web Resource:
WANTED: High Risk Sex Offenders, Mass.gov

Continue reading "Convicted Massachusetts Rapist Claims He Isn’t A Pedophile" »

Suffolk County District Attorney Daniel F. Conley has decided not to press charges against Boston Police officers in the case of David W., the 22-year-old Emmanuel College student (hereinafter, the “Deceased” who died after being arrested in June during Boston Celtics championship celebrations.

"As a result of a thorough, objective, and independent review of the facts, I have concluded that no criminal charges are warranted," Conley said in a statement he delivered at an afternoon news conference yesterday. "The facts are clear and the medical evidence overwhelming that [the Deceased’s] death was the result of natural causes – specifically a serious, preexisting heart condition."

The Deceased stopped breathing and his heart stopped beating while in police custody. He was taken to the hospital, but died 11 days after his June 18 arrest.

Conley, who reported his findings in a letter to Police Commissioner Edward Davis, said officers had struggled to subdue the Deceased, but the evidence was clear that officers did not use excessive force in arresting him.

Last month, the state medical examiner signed the Decedent's death certificate, indicating his death was the result of a congenital heart defect.

Continue reading "Boston District Attorney Decides Not To Press Charges For Detainie’s Death" »

This time it was not a post office or in the city of Boston. It was a Cambridge supply company where two employees did not get along. Clyde H. 65, of Brookline (hereinafter, the “Defendant”) is now accused ending the feud by killing his adversary, Marurice R, 33, (hereinafter, the “Victim”). At arraignment today, somebody ought to tell his attorney not to argue with his new client, just in case he is not one of our daily readers.

It was the first homicide in Cambridge in more than a year.

The shooting took place yesterday morning at the Baystate Pool Supplies complex on Smith Street. Co-workers watched in horror as the Defendant allegedly gunned down the Victim at the complex. chasing him outside to finish him off, authorities said. While the reason for the dispute remains unknown, police say that the two had been arguing for months.

“There was an ongoing dispute between the two employees,” said Middlesex District Attorney Gerard Leone at a press conference at the Cambridge Police Department. “The dispute unfortunately resulted in this tragic death.”

The Defendant allegedly used a handgun to blast the Victim once inside the building, then chased him outside and shot him multiple times, including at least once in the head and torso, authorities said.

Continue reading "Yesterday’s Boston-Area Shooter Found And Set To Meet Lawyer And Judge Today" »

The chief judge of the Boston ‘s local United States District Court is threatening to sanction a federal prosecutor for what he characterized as the latest "egregious failure" of the United States Attorney's office to disclose evidence that could have helped clear a defendant. Undisclosed, the result could lead to a wrongful conviction.

Chief District Court Judge Mark L. Wolf said in a sharply worded memorandum that Assistant US Attorney Suzanne Sullivan failed to disclose that a Boston police officer's testimony at a pretrial hearing contradicted what the officer had repeatedly told the prosecutor beforehand. The defendant, a Mattapan man arrested on gun charges in July 2007, is still awaiting trial.

Wolf said the truth about the circumstances of the arrest came to light only when he reviewed Sullivan's notes of her interviews of the police officer, Rance Cooley. The judge wants Sullivan and her boss, US Attorney Michael J. Sullivan, who are not related, to file affidavits by February 5th explaining why he should not sanction her, the US attorney's office, or both.

"The egregious failure of the government to disclose plainly material exculpatory evidence in this case extends a dismal history of intentional and inadvertent violations of the government's duties to disclose in cases assigned to this court," Wolf, a high-ranking prosecutor in the office in the 1980s, wrote in his 42-page ruling.

He listed at least nine major cases he presided over during the last two decades in which prosecutors working for Michael Sullivan and his predecessors allegedly withheld important evidence. In several instances, the jurist, 62, wrote, the misconduct led to mistrials and convictions that were overturned.

Continue reading "Boston Federal Judge chastises United States Attorney For Misconduct" »

..And now, let’s check in with the Bernard Madoff case, as we periodically do in this daily blog. You remember 70-year-old Bernie…admitted white collar criminal mastermind of the Boston-created Ponzi scheme that ended up bilking about fifty billion dollars from philanthropies, hospitals, rich people, poor people, charities, etc., across the country and, indeed, the globe.

When last we left Bernie, he and his lawyer were trying to prevent the government from convincing the court to have him await trial in jail instead of being in a probationary state in his luxury apartment. Guess what? He won that round.

You may recall I had predicted that, with a catastrophe this large, the finger of accusation would not be satisfied with just one man. Well, those who were supposed to have been regulating people like Bernie have been lounging around in the hot seat. But, now, it is someone else’s turn.

Robert Jaffe was a 64-year-old business associate of Bernie’s. He helped raise millions of dollars for Bernard L Madoff Investment Securities (BMIS) from Boston and Palm Beach's wealthy social sets. He was vice-president of Cohmad Securities, a brokerage that was 20 per cent owned by Madoff. Cohmad paid commissions to financial advisers who steered cash to Madoff's fund. He is also the son-in-law of Carl Shapiro, 95, a Boston philanthropist who is said to have lost $545 million invested with Madoff.

There are a number of investigations going on, both criminal and civil, regarding the Madoff Nightmare. Mr. Jaffe is currently being sought for his turn in the limelight. Unfortunately, he does not seem to want to go.

Continue reading "Boston Secretary Of State Tells Madoff Associate To Visit; Attorney Says “Nope”." »

Framingham Judge Robert Greco wants the district attorney’s office to retry a 2006 Massachusetts drunk driving case because he says there is evidence that judicial misconduct took place. Earlier this month, Greco denied the DA’s motion to reconsider this order.

On January 14, Grego ruled that that there was evidence showing that the judge in the trial, Nantucket first justice Joseph I. Macy, had gone into the jury room while deliberations were taking place and did not give jury members sufficient instructions about how to decide the case.

Last November, however, Macy gave testimony that he did not enter the deliberation room while jurors were deciding on defendant John Bresnahan's verdict. He also says that he has never entered a jury room during deliberations throughout his entire judicial career. He did, however, admit to speaking with jurors after they issued a guilty verdict against Bresnahan. Macy says that going into the room to thank jurors and answer any questions is standard practice once a trial is over.

A number of court officers also testified that Macy did not enter the room while the jury was deliberating. However, three of the four jurors who gave testimony during a post-verdict juror inquiry claim that Macy entered the room during deliberations to answer a question.

Now, Grego wants the guilty verdict vacated and the case retried. The 2006 verdict was Bresnahan’s fourth DUI conviction. Assistant District Attorney Tom Shack, however, says he will appeal Greco’s decision. He says the DA's office believes that Greco is in error.

Judicial Misconduct
Judicial misconduct can occur when the Code of Judicial Conduct has been violated. Some examples of judicial misconduct:

• Conflict of interest
• Impropriety
• Misconduct during an election campaign
• Ex parte communication

Evidence of Misconduct Found in '06 Drunk Driving Trial, The Inquirer and Mirror, January 26, 2009

Massachusetts Commission on Judicial Conduct

Related Web Resources:
Massachusetts Law About Drunk Driving

Continue reading "Framingham Judge Wants DA’s Office to Retry 2006 Drunk Driving Case Because of Possible Judicial Misconduct" »

Last March, Pittsfield Police encountered a scene which one might expect in the city of Boston, but not way out in Pittsfield. But crime does not really respect such boundaries. In this case, law enforcement met unsuccessful shooter, Sammy S., 30, (hereinafter, the “Defendant”). The resulting charges? Attempted Murder. Last Wednesday, standing beside his attorney, the Defendant pleaded guilty rather than face what would have been a fairly interesting trial.

The change in defense strategy could have been encouraged by the fact that the reluctant complainant actually did show up to testify and that his testimony was going to be supported by an amateur video taken shortly after the shooting.

You see, the Defendant’s target, (hereinafter, the “Victim”) is still alive because the Defendant, who shot him multiple times at close range, failed to properly chamber a round when he took aim at the Victim' head, according to a veteran Pittsfield police detective. Thus, when the Defendant actually put the gun to his head and pulled the trigger…nothing happened.

"[The Defendant] didn't jack the round," police say, applying the common parlance used to describe the process of firing a handgun. The Defendant allegedly then corrected the problem, but “the moment” had been lost. He proceeded to fire four shots at the Victim, but hit him in the torso and elbow. The Victim survived. The Defendant ended up arrested.

For some reason, though, the Victim initially refused to testify against the Defendant, which greatly frustrated police. However, they eventually persuaded him to cooperate, although the police still describe him as “reluctant” .

The shooting became a brief Internet sensation when a video of it surfaced on www.Youtube.com — the popular online video site — showing the wounded and bleeding victim being driven to the hospital by friends.

Continue reading "Youtube Video And Victim’s Appearence Help Defendant And His Lawyer To Decide Against Boston-Area Trial" »

Today’s daily blog is actually a follow-up to yesterday’s blog, entitled, “Homicides, Assaults, Rape And Carnage In Shooting Spree One Hour South Of Boston “. Yesterday, I told you about the events which were reported in the streets of Brockton earlier in the week, made a few brief predictions and expressed sympathy for the accused’s attorney in any attempt to argue for his client’s release.

Of course, in this case, it did not take a legal expert of 25 years to predict that the gentelman was not likely to be going home any time soon.

Briefly, 22-year-old Kieth L (hereinafter, the Defendant”), is alleged to have gone on a rampage which included raping and shooting one woman, killing her sister, killing a local homeless man, leading the police on a chase, shooting at the police and then ending the chase by crashing into some cars.

He was arraigned at Brockton District Court yesterday, during which additional facts came to light. One of these items is the statement of the Defendant as to his motivations. It sort of reads like an odd type of "self-defense" argument which is unlikely to be successful in court.

According to the Commonwealth, the Defendant had told the police that he had hatched “an evil plan of mass murder and rape targeting victims he identified as non-white.” During the police interview, the Defendant allegedly said that he was fighting for a dying race” and that he was “fighting extinction,” according to a police report filed in court. He is also said to have admitted having stockpiled 200 rounds of ammunition to kill blacks, Hispanics and Jews.

The 18-page report by Brockton and state police described the Defendant as an obese, white man who lived with his mother and frequently surfed through racial propaganda on the Internet. " [The Defendant] told us that people on these sites spoke the truth about the demise of the white race," investigators wrote.

According to the chilling police report, the Defendant intended to end his bloody rampage at 6:30 p.m. at a synagogue near his Pleasant Street home, where Jewish people would be gathering for a bingo night. Then, he allegedly told police, he planned to shoot himself in the head.

Continue reading "Defense Lawyer Plans “Vigorous Defense” In Murder, Rape, Assault And Hatred Case Just Outside Of Boston" »

Kieth L, 22, (hereinafter, the “Defendant”), described by the Boston Herald as a “mama’s boy” is in big trouble today. He is scheduled to stand before a judge in Brockton Court. At this very moment, his attorney is wondering what he can say to get his client out on bail.

He may as well not even try. His client is not going anywhere.

The Defendant is charged with the most serious of charges, stemming out of an extremely violent scene in Brockton yesterday. He is alleged to have been raping a handcuffed Cape Verdean woman when the woman’s sister walked in. He is said to have shot the “intruder” to death and shooting the rape victim several times as she ran for help.

An elderly homeless man who may have witnessed the carnage in the middle of Clinton Street was also gunned down,, while two hero Brockton cops who captured the rampaging gunman cheated death by inches

A neighbor who lives across the street from the sisters said the surviving sibling still had handcuffs dangling from one wrist when he ran outside to assist them after hearing gunshots.
“I looked outside and saw one of the girls running, blood all over her,” he said. “I grabbed her and sat her down and told her to hang on while I ran to her sister, who I could see a distance away. But I could see her sister was already dead.”

Continue reading "Homicides, Assaults, Rape And Carnage In Shooting Spree One Hour South Of Boston " »

An appeals court has issued a stay on proceedings to determine whether to dismiss Academy Award-winning film director Roman Polanski’s bid to have a 31-year-old sex with a minor case dismissed. The 75-year-old filmmaker’s criminal defense team claims there is new, uncontested evidence of prosecutorial and judicial misconduct that deprived the 75-year-old filmmaker of his statutory and constitutional rights.

The exiled movie directed pleaded guilty in 1978 to one count of unlawful sexual intercourse with a 13-year-old female at the house of Academy Award winning movie star Jack Nicholson. Polanski was sentenced to 3-months at a psychiatric center. After about a month and a half at the facility, he was released. When it appeared that he would receive additional sentencing, Polanski left the United States and hasn’t returned since.

The movie director is now seeking to have the case dismissed after a 2008 documentary, “Roman Polanski: Wanted and Desired,” brought some of these new allegations against the judge and prosecutors to light. Now, the director's criminal defense team wants the child rape case moved out of Los Angeles.

Polanski’s then-teenaged victim, Samantha Geimer, is now 45. She has asked that the case against the director be dismissed. She says she doesn’t want to be further traumatized by having the details of the child rape case repeatedly rehashed. She also believes prosecutors are trying to take the focus away from their alleged wrongdoings in the case. Although prosecutors want Polanski to return to the US to be present for the proceedings, there is a warrant for his arrest if he does appear in court.

Polanski wins a stay on hearing in child-sex case, Los Angeles Times, January 21, 2009

Rape victim urges prosecutor drop charges against Polanski, AFP, January 13, 2009

Related Web Resources:

Roman Polanski: Wanted and Desired, HBO.com

Roman Polanski Media Reports Archive, The Zero.com

Continue reading "Appeals Court Delays Director Roman Polanski’s Hearing on Whether to Dismiss 1978 Child Rape Case Against Him" »

It was not downtown Boston, but downtown Northampton that hosted a concert featuring a jam band known as the Disco Biscuits, resulting in fourteen arrests. The somewhat unusual scene apparently led suspects laughing all the way to meeting their attorneys at Northhampton District Court where they were advised of their charges.

The nature of the charges? Drugs and juvenile in possession of alcohol.

But there was a twist in this one.

Perhaps inspired by the noteworthy performance of the late Heath Ledger as The Joker in 2008’s blockbuster film “The Dark Knight”, some of those arrested were in possession of tanks containing nitrous oxide.

You may have heard of it as “laughing gas”.

Police found that the suspects had set up metal cylinders of nitrous oxide in various locations, including one police discovered in alley off King Street right next to the theater. They were selling balloons filled with the gas for $5 apiece, Police Capt. Kenneth A. Patenaude said.

About a half-hour later, a crowd of 40 to 50 youths led police to discover another tank set up in the alley next to Florence Savings Bank on Pleasant Street. Yet another of the tanks was confiscated Saturday night from a room at the Quality Inn after a disturbance was reported there, according to Patenaude.

Continue reading "Unusual Drug Bust Outside Of Boston No Laughing Matter" »

When I returned to Boston as a defense attorney from New York, where I had been on the other side of the aisle, I discovered a few differences between daily in Beantown and the Apple. One of these was the subway experience. While in New York, the experience could be compared to an excursion through the land of “Wearehostileville”, The “T” was much more calm…much more safe.

Well, that may be changing a bit. For example, this past Friday, a Beverly man was arrested after he allegedly groped a plainclothes Massachusetts Bay Transportation Authority Transit Police detective on a train. As www.universalhub.com/mbta, a site dedicated to The MBTA, puts it, “a plainclothes transit detective put the pinch on a Beverly man after he allegedly put the moves on her on the Blue Line this morning, the MBTA says.”

Jeffrey N., 51, (hereinafter, the “Defendant”), was charged with indecent assault and battery for the rush-hour incident in East Boston around 8:45 a.m. by the transit police's Anti-Groping Unit at State Street Station. He is scheduled to be arraigned today in Boston Municipal Court, according to MBTA officials

According to T spokesman Joe Pesaturo, the Transit Police Anti-Groping Unit had been monitoring the Blue Line after a passenger complained about groping. Following the highly-publicized April 2008 launch of an anti-sexual harassment campaign, reported incidents of people being indecently assaulted rose from 44 in 2007 to 69 last year, according to the MBTA.

Continue reading "Boston Arrest For Sexual Assault On “T” Train" »

It began in early January, 2008, when three Boston men were brought to court, introduced to defense lawyers and advised of charges against them. The charges included shooting at a Brockton police officer during a chase from Brockton into Quincy.

As is usually the case, the police had won the chase and Salomao T. (hereinafter, “Defendant 1”), Faustino R. (hereinafter, “Defendant 2”) and Antonio D. (hereinafter, “Defendant 3”) were arrested.

They faced charges including possession of a weapon, assault and the like for the high speed chase and shooting.

The law enforcement community was so happy, the following was posted on January 6, 2008, about the incident at www.masscops.com:

Re: Police Chase out of Brockton, Shots Fired
________________________________________
The short version is the BPD were chasing shooting suspects in a car that fled all the way to Quincy. The bad guys are believed to have shot a few times at the cops as they were being chased. A BPD officer returned fire through his windshield (passenger officer of 2 man cruiser). A couple of cruisers crashed and so did the bad guys. 3 suspects in custody with a gun recovered.

Great Job by all involved!!!!!!!

Well, now a year later, the police are not so thrilled. Neither is the prosecutor. Who are they upset with?

Why, the judge, of course.

Continue reading "Boston Shooting Defendants’ Attorneys Are Successful At Getting Lower Sentences And The Fury Of The Police Department" »

Police in Norwood are searching for woman they say is a suspect in a Massachusetts child abuse case involving an infant. The 4-month-baby sustained a damaged rib, a fractured skull, and three broken vertebrae from the alleged incident. Now, law enforcement offices have put out a warrant of arrest for the baby’s babysitter, Sueli Soares. She is charged with assault and battery causing substantial injury to a child.

The 34-year-old woman was babysitting the baby on December 30 when she contacted 911. Soares told them that the baby started choking while she was feeding him and then fell unconscious. Doctors who examined the baby say they believe he was abused and that his injuries are signs that he may have been shaken violently.

Police say that after the alleged incident, Soares and her husband disappeared. They believe she might be an illegal immigrant. Soares had been working as the boy’s babysitter since November.

In an unrelated incident, Quincy police have issued their arrest warrant for babysitter Rabab Ghazal. The 39-year-old woman is accused of shaking another 4-month-old boy so violently on December 23 that he was hospitalized. The baby is still unconscious and in the ICU. Authorities interviewed Ghazal and the baby's relatives. The latter were cleared of any wrongdoing.

Shaken Baby Syndrome
The act of violently shaking a baby can cause serious injury to the infant. Traumatic brain injury and head trauma are two of the injuries that can result. According to the National Center on Shaken Baby Syndrome, some 1,400 babies are injured or killed every year because their were shaken vigorously by a parent or another caregiver.

Child abuse is considered a very serious criminal offense in Massachusetts. Anyone arrested or charged with child abuse is entitled to legal representation by an experienced criminal defense lawyer.

Police seek caregivers accused of injuries, Boston.com, January 15, 2009

Norwood police seek babysitter in child abuse case, Boston Herald, January 14, 2009

Related Web Resource:
Massachusetts Law About Child Abuse and Neglect, Massachusetts Trial Court Law Libraries

Continue reading "In Two Separate Massachusetts Child Abuse Cases, Babysitters Sought for Allegedly Harming Two 4-Month-Old Infants " »

On Tuesday, the state Appeals Court, located in Boston, granted Adam N. (hereinafter, the “Defendant”)’s appeal and Ordered that he receive a hearing in a drive-by shooting case in which he had been convicted in 2004. The basis of the ruling was that he had been deprived of a fair trial because his attorney was “ineffective”.

The Appeals Court sent the case back to Hampden Superior Court for the hearing. The Defendant’s appellate attorney said she is pleased with the Appeals Court ruling, although she would have preferred an order for a new trial without the hearing.

The case stems from December 20, 2002, when the Defendant is said to have participated in a drive-by shooting of two individuals, Akers and Cope, in downtown Springfield. According to the Court:

“The traffic light turned green. As Akers pulled away from the stop, he and the passenger in the other vehicle simultaneously rolled down their windows. At the same time, Akers reached to his right for the volume control on his car radio, in order to turn it down. He then heard gun shots. Akers saw the face of the front passenger and saw a flash coming from what he thought was a gun in the passenger's hand; Cope saw flashes, but did not see the passenger's face. The exchange lasted a few seconds. Both Akers and Cope were struck by bullets in their legs.”

The police were given the description of "three light-skinned black males, all very young looking." The witnesses were also able to describe the vehicle as “a dark colored car, possibly a Nissan or Honda, with tinted windows”. Later, in the hospital, the shooting victims discussed their recollections and one stated that the shooter “looked like a [Defendant’s last name] that he went to school with that was younger."

Continue reading "Boston Appeals Court Finds Defense Lawyer in Drive-By Shooting Case Ineffective " »

As a defense lawyer, one occasionally handles cases that seemingly will not end. Through my years in Boston and environs, I have had more than my share.

This case was probably regarded as one of those cases.

62- year-old Kathleen H. (hereinafter, the “Defendant”) is finally going to trial. She is charged with setting a fire that killed five people ten years ago. The trial started this week in Lawrence Superior Court.

Prosecutors say that she set a fire at a Lynn home where her son’s ex-girlfriend lived because she wouldn’t let him see his two kids. The ex-girlfriend and the Defendant’s grandchildren survived, but members of another family that lived in the same building died. The deaths included Heriberto Feliciano, 34, his wife, Sonia Hernandez, 32; their daughters, Sonia, 12, and Maria, 13; and their niece, Glorimar Santiago,11, who was sleeping over. All died from smoke inhalation.

The Defendant is charged with five counts of second-degree murder as well as a single count of arson.

She has been held in jail for a decade while her lawyer fought to keep the jury from hearing an alleged confession she made after the February. 24, 1999, blaze, as well as to determine her competency to stand trial.

Continue reading "Murder Trial Finally Begins After North Of Boston Lawyer And Doctors Examine Client And Her Statements" »

So far, 2009 has been an active year for certain Boston-area law enforcement officials in terms of legal problems. Take for example Stoughton’s police chief, Manuel, C., 57 (hereinafter, “Defendant 1”), this week appearing beside his defense attorney, standing trial on white collar charges that he tried to use his authority to threaten a former Stoughton businessman in April 2002 to drop a complaint of misconduct against a former police sergeant.

He’s also accused of trying to cover up the sergeant’s attempt to coerce a settlement of a civil claim against the businessman.

Defendant 1 has been on paid leave since he was indicted nearly four years ago. He began trial in Dedham Superior Court yesterday.

Then there is the tale of Brockton Police Officer Daniel M., 31, (hereinafter, “Defendant 2”) who has finally returned to work for the first time since his May 2005 arrest on a rape charge. He is now undergoing retraining before hitting the streets again, Police Chief William Conlon said.

Superior Court Judge Paul Troy is said to have dismissed the rape charge last week after a series of legal proceedings and after the woman making the allegations failed to appear in court at any time. Because the charge was dropped, Defendant 2 will receive back pay from the city. Conlon said the city is now calculating that amount.

Defendant 2 had already served a five-day suspension given by then Police Chief Paul Studenski in connection with the case, Conlon said.

Continue reading "Boston Area Police Officers Approve Of Defense Attorneys When Facing Charges Of White Collar Crimes And Drunk Driving " »

The Boston Herald is reporting that the New Bedford man charged with the murders of his mother and ex-girlfriend and in the kidnapping of a 12-year-old daughter has previous criminal convictions going back as far as 1992. Gary Gomes was arrested and charged last week after the two women’s bodies were discovered.

His mother Katherine Gomes’s body was found under an inflatable bed in her apartment. The body of Gary’s ex-girlfriend, Robyn Mendes, was found in another room. Both women had been fatally stabbed.

Prosecutors claim that Gomes dressed up Mendes’s body and put make up on her face after he murdered her. Gomes is also accused of going to Mendes’s house after the slayings and holding her 12-year-old daughter hostage while waiting for her husband to arrive so that he could kill him.

According to Gomes’s CORI record:

• He was convicted in 2006 of assault and battery for using a car as a dangerous weapon.
• He pleaded guilty in 2005 to assault and battery with a knife.
• In 2004, he was convicted for larceny and assault and battery.
• In 2001, he pleaded guilty to assaulting a prison guard with a tray.
• In 1996, he was convicted of breaking and entering and larceny, assault and battery with a chair, receiving stolen goods, and destruction of property.
• In 1993, he was convicted of drug possession and breaking and entering.
• In 1992, he was convicted of assault and battery, malicious destruction of property, and breaking and entering.

Gomes and Mendes shared a rocky relationship history with one another. Gomes was charged for allegedly beating her on two occasions and she filed restraining orders against him in 2006 and 2005. Mendes’s family members claim that the 48-year-old mother almost filed attempted murder charges against him after one domestic violence incident but she changed her mind.

Gomes’s Massachusetts criminal defense attorney promises to vigorously defend his clients against these latest charges and has requested the court’s help in retrieving electronic information that might be relevant to the case and Gomes’s defense.

Defense attorney for Gomes says electronic info could change case, SouthCoastToday.com, January 10, 2009

Double-slay suspect has 20-year rap sheet, Boston Herald, January 12, 2009

Related Web Resource:

Massachusetts Law About Criminal Records, Massachusetts Trial Court Law Libraries

Police say Christine M., 29, a Boston teacher (hereinafter, the “Defendant”), was instructing one particular student in areas not on any approved curriculum. In fact, she apparently did so for almost two years and is said to have done it more than 300 times. Now, charged with rape, it is she who is going to have to learn from her defense lawyer.

The Defendant did not end the first full week of the new year in a good way last week. She was fired Thursday from her job at the elementary school. Thursday night, she was arrested at her home. Friday was “Court Day”, as she was arraigned on three counts of rape at the Brockton District Court (for sessions in Abington), and then to Hingham District Court to answer four additional counts for rape for the sessions in Rockland. She was released on condition she submit to GPS monitoring and stay away from the complainant and anyone under age 16.

The complainant, a 13-year-old student, says that they had a sexual liaison between the dates of February 2006, when she allegedly took his virginity, to November 2007. The lad told police they had sex for the first time on a couch at the Defendant’s home while her husband slept upstairs. He also described having unprotected sex in the shower, on the kitchen floor and on the living room floor, court documents say.

The Commonwealth alleges that the Defendant was working as a teacher's aide and tutoring the boy's younger brother when the relationship began. They claim that the father of the boy, now 16, went to authorities recently after he found some correspondence between his son and the Defendant.

Continue reading "Sex And The Boston Teacher Mean Business For Courts And The Criminal Lawyers As Rape Charges Are Filed" »

Yesterday’s daily Boston Criminal Lawyer Blog talked about “Road Rage”. I even mentioned “Domestic Violence” cases. Today, we hit their cousin, “Hate Crimes”.

Hate Crimes is another category which brings extra focus on a case which otherwise might be a typical assault, threats or other such case. What makes a case a hate crime is the rationale behind the crime. If it is motivated by racial, gender or other kind of prejudice, it is a hate crime and gets special treatment. In fact, in the federal system, an additional count regarding civil rights violations can be brought.

Today’s example involves Debroah M. of Norwood (hereinafter, the “Defendant”) who has come to the attention of Attorney General Martha Coakley who has taken action against her. The Defendant is alleged to have repeatedly harassed a gay neighbor.

The neighbor is a tenant in the same apartment building where the Defendant lives. The Defendant is said to have been engaging in the harassment for a long time. In November, 2007, for example, officials said she began spreading false rumors that the victim is a sexual predator and pedophile.

A complaint was filed December 31st by the Attorney General. It alleges how the Defendant harassed the victim in a number of ways, including spreading false rumors that he was a sexual predator and pedophile, screaming anti-gay epithets at him, and falsely reporting to police that he had exposed himself.

Continue reading "Boston's Attorney General Targets Harassment And Hate Crimes" »

The year 2009 has just began, and already, there are already a couple of celebrity DUI arrests in the police record books. On New Year’s Eve, television commentator and former basketball star Charles Barkley was arrested in Arizona on suspicion of drunk driving after he ran a stop sign. He underwent field sobriety tests at the scene, but refused to take a breath test. Barkley was given a blood test at the police station and was cited for driving while being impaired.

On Saturday, Pulitzer Prize-winning playwright and movie star Sam Shephard was arrested for allegedly drunk driving and speeding in Illinois after leaving a bar. His blood-alcohol level was reportedly two times the legal limit. Shephard was released Sunday after posting bond.

Last Friday, television star Heather Locklear’s DUI case was dismissed after she entered a no-contest plea to a reckless driving misdemeanor charge. Locklear had been arrested and charged last September with misdemeanor driving under the influence of prescription drugs. Now, she must undergo probation for 3 years, take part in a 12-hour drug education program, and pay a $700 fine.

Celebrities are not the only ones at risk of drunk driving, especially during the holiday season. Over New Year’s Eve, the Massachusetts State Police Department increased its patrol efforts to keep drunk drivers off the streets. An additional 410 patrols were on duty.

State police say that as of December 30, they had made 5,004 OUI arrests for operating under the influence in 2008—a 7% increase from 2007, while Massachusetts OUI crashes were down by 6% at 584 accidents.

With additional police vigilance comes more arrests. However, just because a person has been arrested for a Massachusetts OUI does not mean that they are guilty of the charges or will be convicted.

Barkley 'disappointed' after DUI arrest, The Boston Channel, January 5, 2009

Sam Shephard Arrested for DUI, Boston Herald, January 5, 2009

Locklear DUI case dismissed after plea deal, MSNBC, January 2, 2009

Police Crack Down On Drunken Drivers, WCVB, December 30, 2008

Continue reading "Recent Celebrity DUI Arrests Include Charles Barkley and Sam Shepherd" »

Driving around Boston and environs during the winter months can be an adventure. We know that the storms are coming…they tell us the storms are coming…yet we seem to be taken by surprise when streets are slippery. Perhaps it is because we are often already angry when we are dealing with traffic issues. From my vast experience of 25 years in criminal justice I have found that even waiting patiently in a traffic jam is quicker than getting angry, acting out, getting arrested, needing a lawyer and still having to wait quietly in traffic when you get out of custody anyway.

Hey - but that’s just me.

Not everybody sees it the same way I do. For example, during the early morning hours yesterday, four people in Springfield demonstrated such an alternate viewpoint. Of course, they got arrested and I am at home writing my daily blog.

The arrests took place after a minor two-vehicle accident turned into a violent confrontation on Chestnut and State streets.

Complete with gunfire.

"When police arrived they observed a Ford Expedition leaving the scene of the shooting," said Springfield Police Capt. Eugene C. Dexheimer. The operator of the Expedition (hereinafter, “ Defendant Auto A”) would not stop and was spotted by other officers on Route 5 near the Forest Park entrance approaching a Ford Mustang (hereinafter, “Defendant Auto B”), Dexheimer said.

Police determined the incident began as a car accident between the two vehicles, which then led to a physical confrontation.

Continue reading "Boston-area Driving Leads To Weapons, Violence, Jail And Defense Lawyers" »

…Meanwhile, back in the Bernard Madoff (hereinafter, the “Defendant”) drama, Magistrate Judge Ronald L. Ellis awaits written argument from the Defendant’s criminal lawyer as to why his client should not be incarcerated while awaiting trial for his artful recreation of the Boston – originated “Ponzi Scheme”.

The issues involved are an interesting combination of typical bail-related considerations as well as a novel twist to the “danger to the community” approach.

First of all, for those of you just waking up from about a month-long nap, the Defendant was arrested on December 11th on a securities fraud charge after the FBI said he confessed to swindling investors. Authorities say he told his sons he ran a $50 billion Ponzi scheme and had only a few hundred million dollars left.

The results of the fraud have been felt around the globe and across all strata of society.

He has been under house arrest at his multimillion-dollar Manhattan penthouse with an electronic bracelet and 24-hour guard.

But that status may be about to change.

On Monday, prosecutors asked the court for the Defendant's immediate incarceration, saying he and his wife violated a court order by sending jewelry and antique watches worth more than $1 million to relatives and friends over the holidays. They argued that the action violated a freeze of the Defendant's assets and demonstrated a danger to investors that he might dissipate assets. In effect, that by dissipating assets, he was continuing his thefts from his victims.

The judge asked lawyers on both sides during a bail hearing Monday to submit arguments this week to help him decide whether the Defendant should be jailed before trial.

Continue reading "Boston Watches As Bernard Madoff’s Criminal Lawyer Tries To Keep Him Out Of Custody" »

Yesterday, it was a former Boston police officer who found himself on the other side of the criminal justice aisle needing a criminal lawyer.

Ex-Boston Police Officer Isaac T., 43, of Arlington (hereinafter, the “Defendant”) ‘s legal problems began in the early morning hours of this past Saturday when he was allegedly observed to be drunk and carrying a BPD badge and a loaded 9 mm handgun when he was arrested at a Dorchester bar.

“Arrested? What would bring him to law enforcement attention?”

Well, he kind of said he would shoot a cop, according to prosecutors. In fact, he apparently said that he was carrying the firearm for the purpose of doing just that, according to MSNBC.

It was Saturday at about 1:30 a.m. at the Dublin House in Dorchester. After hearing the ex-guardian of society’s comments, an anonymous call was made to 911 from the pub to report the overheard threat. The Defendant was described as a man wearing a New York Yankees hat...which is sometimes considered a crime in itself in the area.

And so it was that the police confronted the Defendant outside the bar. Actually, he was hiding in a doorway next door to the nightclub when they confronted him.

They frisked him and found the 9 mm Beretta handgun. Apparently a loyal member of the “Hey, I’ll Bet I Can Make This Situation Worse” Club, the Defendant is said to have engaged in a “violent struggle” with two officers, the prosecutor later told the court in a bail hearing.

The Defendant, it would appear, did not win that struggle.

Continue reading "Boston Area Ex-Cop threatens to kill police and winds up on the side of the aisle with the defense lawyer" »

Boston-area police were worried that they were going to have another death on their hands. Hosea R., 33, of Newton (hereinafter, the “Defendant”), was being sought after beating a woman in her West Roxbury home early Saturday. As he eluded police, they worried he might end up needing a coroner instead of a lawyer as they feared he would try to commit “suicide by cop”.

“Suicide by cop” is a term often used in cases where a suspect engages with and fights against the police in order to avoid capture. The theory is that the suspect would actually rather be killed than be taken into custody and so they force the police into choosing between letting the suspect go or shooting him dead. It is more common when the alleged crime is a violent felony.

I will leave the choice most often taken to your imagination for now. However, thankfully, the Defendant was finally taken into custody and nobody died.

The allegations against the Defendant stem from the an incident reportedly taking place at approximately 5:00 a.m. on Saturday, the 27th of December. According to the police, the Defendant and a female friend had gone out for a night of dancing at a Randolph nightclub. Apparently, things went awry somehow and he allegedly began to punch and kick his female friend when they got to her place. By the time police arrived, the Defendant was gone. The assault victim was transported to a local hospital where she was treated for non-life threatening injuries.

The Defendant is said to have called his mother in Newton after the beating. She drove to meet him in a Dedham mall parking lot. In the meantime, the Dedham police received a phone call from “someone related to the suspect” who said that the Defendant was acting strange and talked of hurting himself. The relative further stated that the suspect said he was not afraid if the police attempted to hurt him.

And so it was that mother and son came to meet in Dedham…until they had company. When the police arrived, the Defendant fled and alluded them.

Continue reading "Metro Boston Fugitive Sought For Assault Survives To Face A Judge And Hire A Lawyer" »

Happy new year to you all.

In each daily installment of the Boston Criminal Lawyer Blog, I tell you that, should you have reason to believe that someone is mentally measuring you for a pair of the Commonwealth’s bracelets of shame and a warm cell, you should engage an experienced criminal defense attorney.

The reasons may be obvious to some. There may be some among you, however, who think, “Aw, that’s just Goldberg tooting his own horn again. My case is so simple, a trained chimpanzee with a law degree could handle it. Besides, experienced lawyers are more expensive than those without experience.

Well, no and yes. I have not yet met any monkeys who have made it all the way through law school (although I have had my suspicions in some cases), and, yes, experienced attorneys usually cost a little bit more.

Every case is different and some cases seem more straight- forward than others. However, any case can have its little surprises. Further, even the simplest of cases can be lost.

The fact is, there are certain things that one can only pick up through experience. As in most professions, one can develop a “sense” about things.

This is especially true at trial.

Speaking of trials, I have also told you that, at times, police officers (like any witnesses) may not find it necessary to limit themselves to the truth.

How dare I?

Continue reading "Samuel’s Take: A Boston Drunk Driving Verdict From An Experienced Defense Lawyer’s Files" »