Boston Criminal Lawyer Blog

In the US District Court of Boston, Chelsea Court Clerk James Burke has been charged with one count of deprivation of rights under the color of law one count of attempted deprivations of rights under the color of law. Burke, who works in Chelsea District Court as an assistant clerk magistrate, is accused of forcing a hooker to have sex with him in return for dropping her case. He has been suspended from his position until the Massachusetts criminal case against him is resolved.

The hooker involved appeared in Chelsea District Court in December 2008. She later told her attorney that Burke had dropped a previous case against her in 2005 after she she performed oral sex on him in the courthouse.

The woman, who in court papers is referred to as a “cooperating witness,” participated in an FBI probe against Burke. During a recorded conversation, he talked about their 2005 sexual incident and tried to schedule another encounter with her.

A seven-page affidavit accuses Burke of soliciting the prostitute three times. A second solicitation allegedly occurred in 2006 when the prostitute was back in jail. The woman says he told her he would help get her out but he did not follow up with her after that conversation. During the conversations that were recorded last December, however, Burke allegedly told the prostitute that he had talked to the district attorney's office and he was going to help her resolve her case.

Massachusetts Prostitution-Related Charges Can Include:

• Soliciting sexual favors
• Offering sexual favors in exchange for money
• Convincing a minor to have sex in exchange for money or other favors
• Living off prostitute earnings
• Hiring a person to work as a prostitute
• Running a house of prostitution
• Streetwalking
• Drugging or detaining a person to perform as a prostitute

Clerk allegedly offered hooker favors for sex, Boston Herald, February 28, 2009

Chelsea court clerk accused of soliciting sexual favors, WBZ, February 27, 2009

Related Web Resources:
Massachusetts Crime Rates, 1960 - 2007, DisasterCenter.com

Prostitution, Massachusetts Law About Sex, Massachusetts Trial Court Law Libraries

Continue reading "Chelsea, Massachusetts Court Clerk Charged in Boston Court with Receiving Sexual Favors from Prostitute in Exchange for Dropping Her Case" »

In the daily Boston Criminal Lawyer Blog, I have often warned against making statements to try to either outsmart or rationalize when law enforcement comes a-calling investigating you for a crime. Often, by the time this happens, their “search for the truth” is over and it is just a question of building a case.

Unfortunately for Ronnie P. , 26, (hereinafter, the “Defendant”), I began this daily blog in 2008. It was too late to help him in his time of need, which was in 2007. On the other hand, it might not have made any difference. In his case, it was he who went to the police to turn himself in. Well, kind of. He told the police that he may have stabbed 36-year-old William L, 36 (hereinafter, the “Deceased”) to death.

The stabbing met the requirement of Massachusetts Assault and Battery with a Dangerous Weapon statute (among others). "To death"...well, that would mean Massachusetts Murder.

He found he had guessed correctly as he led the police to the Deceased’s home, where lay his dead blood-stained body. He had been stabbed multiple times and his throat was slashed according to police reports.

The Defendant was i charged with second-degree murder and faces a maximum possible sentence of life in prison. The trial has been occurring this week.

State prosecutors and police officers maintain the Defendant came to the Cape Coral Police Department and admitted to stabbing the Deceased multiple times during a struggle, during which the Defendant said he thought the Deceased had a loaded gun.
It’s not like the Defendant was not also injured. He had suffered a bite to his thumb, an abrasion to the left side of his body and a cut across the heel of his foot as a result of the altercation.

Sounds like the type of wounds the police call "defensive wounds".

Detectives quickly booked Perez on murder charges and processed the scene for evidence, as well as the Defendant’s house, they testified Wednesday.

Continue reading "Island To Boston’s South Watches Murder Defendant Who Played “Lawyer” Go To Trial" »

Today, we welcome home Germaine G., 30, (hereinafter, the “Defendant”). The Commonwealth has just welcomed him back by awarding him seven and a half years of free room and board. He had actually earned the award when he was convicted four years ago for violating Massachusetts' drug trafficking and firearm laws. He was not there for the verdict, though. Apparently demonstrating his faith in how things went, he left his attorney behind and skipped out during jury deliberations. The former resident of north of Boston’s city of Lynn is now back in the Commonwealth’s warm embrace and it appears he will be for awhile.

The Defendant had been found guilty of trafficking over 28 grams of cocaine, trafficking cocaine within 1,000 feet of a school zone, distribution of cocaine as well as possession of a firearm and ammunition without a license.

Jurors had deliberated for five and a half hours over a two-day span, but reported their verdict to an empty chair on Nov. 30, 2004 after the Defendant, who had been free on $5,000 cash bail, failed to appear for the conclusion of his trial.

A Massachusetts warrant had been issued for his arrest.

He was intercepted in October on the warrant after trying to enter Toronto, Canada from Barbados.

Tuesday afternoon in Woburn Superior Court, Judge Elizabeth M. Fahey welcomed the Defendant back by ordering that he serve five years in state prison for the cocaine trafficking charge and also imposed another mandatory 30-month jail sentence for trafficking cocaine within a school zone, which will commence when he completes his state prison term.

Continue reading "The Boston Criminal Lawyer Blog Welcomes Drugs And Guns Defendant Home" »

Bad day for the defense in Lowell Superior Court this past Monday. Just out of Boston is a place called Arlington. Not too long ago, Arlington boasted Senator Jim M. (hereinafter, the “Defendant”) as its local representative. Today, he is no longer a senator. This week began as he and his attorney were given the bad news. The court denied his motion to dismiss.

This is not the first time we have discussed this particular defendant. I call your attention to this daily blog’s posting on February 11th, entitled “Boston’s Supreme Judicial Court Upholds Prosecuting Attorney’s Refusal To Prosecute Sex Crime”. That was about a good day for the Defendant when the state’s highest court upheld the prosecutor’s refusal not to prosecute a new matter with similar charges against him. If he thought that was a sign that he was going to be able to crush the prosecutions already started against him...he was mistaken.

The Defendant was arrested last June and accused of a host of offenses. These include the sexual harassment of four women in Lowell. At his arrest, he initially fled police, according to police reports, and was captured in a Lowell parking garage. In addition to the four counts of annoying and accosting, the Defendant is charged with also attempting to commit a crime (indecent assault and battery); disorderly conduct; and resisting arrest.

The Defendant has pleaded not guilty and his trial is slated to begin in April. But he and his lawyer thought they had a shot at making that trial a bit shorter.

The rather novel argument was that the four counts of annoying and accosting a person of the opposite sex are unconstitutional because he would not have been charged with the same crime if he were a woman.

Continue reading "Boston Area Lawyer’s Gambit To Dismiss Sex-Related Charges Against Local Politician Fails…Maybe" »

In Massachusetts, three of the jurors who helped convict a man for the 1991 bombing that maimed on Boston police officer and murdered another are asking a federal judge to either grant Alfred Trenkler a new trial or free him. Trenkler was convicted in 1993 of making a bomb that killed Boston Police Officer Jeremiah J. Hurley Jr. and caused Boston Police Officer Francis X Foley to lose his eye, as well as his hearing in one ear.

Now, however, three of the jurors who helped put him behind bars are having doubts about the guilty verdict they reached and they are questioning whether he was wrongly convicted. The jurors sent letters to US District Court Judge Rya W. Zobel citing their doubts. Sheridan Kassirer, the jury forewoman in Trenkler’s criminal case, even has gone so far as to say that she thinks Trenkler may be innocence. All three jurors say they began to have doubts about the guilty verdict after reading a 700 page, unpublished manuscript written by a man who built a Web site for Trenkler.

Legal specialists say it is uncommon for jurors to have doubt about a verdict, especially one that was issued so long ago. Harvard Criminal Justice Institute Director Ronald Sullivan, however, says that the court can only act if new evidence, or evidence that had not been revealed before, has come to light.

Trenkler has long maintained his innocence and for years has sought to have the verdict appealed or his sentenced reduced. In 2007, the US Court of Appeals ruled that Judge Zobel could review the case based on Trenkler’s claims that there was new evidence that could set him free. Zobel reduced Trenkler's double life sentence to 37 years in prison, but last year, the U.S. Court of Appeals for the First Circuit reinstated his original sentence.

Trenkler’s co-defendant and ex-lover Thomas Shay was also convicted for the same crimes in 1998, but the First Circuit Court of Appeals overturned the verdict. He was released from prison in 2002 after pleading guilty to a lesser offense but he was put back in jail in 2007 for probation violations.

Jurors who convicted in '93 ask judge to retry case, Boston.com, February 23, 2008

It’s double-life in prison for Trenkler, Wicked Local, August 6, 2008

Related Web Resources:
Alfred Trenkler, Innocent Committee

Wrongful Murder Convictions, Massachusetts

Continue reading "Three Massachusetts Jurors Ask Judge to Retry Case of Man Sentenced to Life in Prison for 1991 Bombing that Killed a Boston Police Officer " »

You know, sometimes the weather gets to everyone. The cold Northeast winters…except for those midwinter days when we get 70 degree weather and then a blizzard the next day. It’s confusing and it could lead a person to drink. And that is basically what happened to Boston’s free-lance meteorologist Melissa B. (hereinafter, the “Defendant”) last Friday. Now, the 39-year-old celebrity needs a defense attorney to ensure that she is able to remain free to even see the weather.

It happened last Friday morning. A professional, she was back on the air that night.

The Defendant was driving the 2004 Cadillac Escalade at approximately 1:35 a.m. when she passed a state police trooper in the left lane of Soldiers Field Road “going well over” the posted speed limit according to state police spokesman Dave Procopio.

The Defendant’s vehicle “nearly struck the front of his cruiser as it cut in front of him,” said Procopio, quoting from the police report. The trooper reported the Defendant was driving between 50 to 55 mph (the posted speed limit was 40) and was “weaving between” the travel lanes. The road conditions were poor, the trooper stated, and Soldiers Field Road was covered in sleet and snow.

Procopio said the trooper pulled the Defendant over and he “observed a smell of alcohol” when he approached the driver’s side. The trooper reported that the former WBZ-TV meteorologist asked him a question that was “incoherent.”

Continue reading "Boston Celebrity And Her Lawyer At The Bar In Drunk Driving Case" »

Federal court in Boston has now seen what could be the final act in the drama of the United States Attorney versus The Hooker Who Would Extort. Michelle Robinson (hereinafter, the “Defendant” ) has pleaded guilty to the Massachusetts white collar crime of extortion in return for a rather unusual sentence.

Due to some unfortunate internet circumstances experienced out of state, this otherwise daily blog posting is the continuation Part One of the story which can be found here. It should have been posted last Thursday. However, in the meantime, the debate has continued to rage.

The alleged facts were laid out in greater detail in Part One. However, to briefly recap, a 60 year-old gentleman, (hereinafter, “John”), wanted what he calls a “last hurrah” with a young woman. He elected the Defendant, an alleged prostitute, to “hurrah” with him. After about 18 months, he ended his “hurrah”. The Defendant responded by informing him that, unless he gave her enough money, she would reveal his identity to the world as having engaged her services. At first, John paid. Then, when she wanted more, he hired a lawyer and made a deal with the federal authorities to blow the whistle on her scheme if they would grant him immunity from prosecution…as well as from identity revelation.

The feds had to jump through hoops in order to accommodate John. However, being as he had former United States Attorney Stern as his lawyer, and as John was an influential business man himself, jumped they did to build the case of wire fraud and threats in interstate communications, making what otherwise would have been a state-prosecuted case about prostitution and extortion.

The subject of the ongoing debate, however, is another hoop the government had to jump through. Namely, they had to keep John’s identity secret .

What to do?

Continue reading "Debate Rages Over Sex For Money/Secrecy For Cash Case(United States Attorney Goes After Prostitute For Mistreatment Of Boston Gentleman, Part Two)" »

Hey, guess what? It turns out there are law enforcement officials in Boston who Believe that there are actually crimes more heinous than prostitution! Today, we salute the local United States Attorney’s Office for deciding that extortion is worse than the world’s oldest profession.

He (his name has been withheld, but we’ll call him “John”) is a prominent businessman from the Boston area, married and in his 60s, who later told authorities that he had merely wanted a "last hurrah" - sex with a young woman.


And he got it. She ( who has been named) was 27-year-old Michelle R (hereinafter, the “Defendant”). The Defendant is alleged to be a prostitute from Canton who was happy to oblige John’s “hurrah”. Through an escort service, John and the Defendant made a deal. Well, kind of several deals. They all involved sex for money as one encounter led to another, and then another, and so on.

The “hurrah” allegedly lasted for 18 months.

But then, it ended. According to the FBI, however, the Defendant figured that if she could not do it to him one way, she would do it to him another way. This past July, shortly after the liaisons ended, she allegedly called John and explained that someone had offered her $60,000 to publicly reveal their relationship. So, if John wanted her to keep her mouth shut, he would have to pay him more than that.

Continue reading "United States Attorney Goes After Prostitute For Mistreatment Of Boston Gentleman, Part One" »

In Framingham District Court, WTKK radio host and Boston Herald op-ed columnist Michael Graham attended his arraignment today where he pleaded not guilty to charges of running a red light and driving with a revoked license. Graham was apprehended on Friday as he was headed to work. A police officer reportedly placed the radio host in handcuffs and took him to the police station upon discovery of the license issue.

Massachusetts registry officials say Graham’s Virginia driver’s license had been revoked due to insurance matters. He reportedly had until November 2008 to deal with the license revocation matter but failed to do so.

Graham claims he does not know why his license was revoked but that he may have failed to properly cancel his insurance. The radio host says that he has a Massachusetts driver’s license and a clean driving record in this state.

Now, the Graham wants his case to go to trial. He is complaining that the Massachusetts Registry of Motor Vehicles neglects to tell drivers when a driver’s license has been revoked or is expired. This is Graham’s first arrest.

Driving with a Revoked License
In Massachusetts, driving with a revoked or suspended license is considered a crime. In many instances, a person may be driving with a suspended or revoked license and not even know it.

Driving with a suspended or revoked license in Massachusetts can result in time in jail, financial penalties, and the furthered suspension of one’s driver’s license.

The best way to combat such charges is to speak with an experienced Boston traffic violations law firm who can protect your rights and combat the charges against you.

Graham seeks jury trial on revoked license charge, Boston Herald, February 17, 2009

Talk Show Host In Court After Arrest, WCVB, February 17, 2009

Graham cuffed, jailed after ‘minor traffic infraction’, Boston Herald, February 13, 2009

Related Web Resources:
Massachusetts Registry of Motor Vehicles

Michael Graham, WTTK

Continue reading "Boston Radio Host Pleads Not Guilty to Massachusetts Charges of Running a Red Light and Driving with a Revoked License " »

The new changes in the Massachusetts drug laws will not help one gentleman from Fall River. It might not happen in Boston, but New Bedford’s District Attorney has a policy that means bad news for defendants possessing drugs and guns.

The result?

A decade behind bars.

William T., 30, (hereinafter, the “Defendant”) was convicted last Monday in New Bedford Superior Court on various Massachusetts drug charges, such as trafficking Class B drugs over 100 grams, trafficking Class B drugs over 14 grams and possession of marijuana to distribute, as well as possession of an illegal firearm, unlawful possession of ammunition and unlawful possession of a large capacity feeding device after pleading guilty.

Superior Court Judge Richard Moses sentenced the Defendant to 10 years for the drug trafficking charge, and a three-year sentence to run concurrently on the Massachusetts firearm charges.

The Defendant was arrested in March 2007 after police saw him exit a residence at 33 Hall St. during a surveillance operation. Police then stopped the Defendant as he drove away from the home, and a subsequent search revealed two plastic bags in his waistband containing 122 grams of cocaine.

Police then went to the Defendant’s home and executed a search warrant. Police recovered two bags of marijuana, 23 more grams of cocaine, five firearms, ammunition, a scale, packaging materials and $37,665 believed to be drug proceeds.

Continue reading "South Of Boston District Attorney’s Office Policy Means A Decade In Prison For Drugs And Guns Defendant" »

Welcome to Boston, Massachusetts, where there dwells, according to MSNBC-TV commentator Keith Olbermann, his “Worst Person in the World.” (video available at http://blogofbile.com/tag/michael-galluccio/). He is State Trooper Michel G. (hereinafter, “PO Nobreak”). And he has one local attorney, other than me, scratching his head in disbelief.

PO Nobreak gained unwelcome fame late last year for making a woman who was in labor wait to get to the hospital while he cited her husband for driving in the breakdown lane. The story, first reported in The Boston Globe, ricocheted around the country and sparked outrage. But all that notoriety was not enough for the State Police.

Even after the new father, John D. (hereinafter, the “Scourge” ), appealed the $100 ticket and a Cambridge clerk magistrate tossed it out, the department refused to give up. A lawyer for the State Police challenged the clerk magistrate's decision and appealed to restore the ticket late last month. A hearing was scheduled before a Cambridge District Court judge March 18.

The Scourge’s attorney said that in a dozen years, he'd never seen the State Police appeal a traffic ticket. He couldn't quite believe they were going to pursue one against a the husband of a woman in labor.

"When I asked, 'Are you sure the State Police want to be on record as appealing this?’ what he said reportedly said was, “I just wouldn’t have any credibility if I did not appeal this,’”

Continue reading "Boston State Police Drop Appeal For Traffic Violation, Ending Defense Attorney’s Confusion" »

In Massachusetts, the Supreme Judicial Court has struck down a law that lets the state keep juvenile offenders that it considers dangerous for another three years after they turn 18. Under Massachusetts’ extended commitment law, the Department of Youth Services is allowed to hold juveniles until age 21. The state's highest court, however, is now saying that the the law violates the youths' constitutional rights.

The court issued its ruling in a case brought by three juveniles. The court says the law does not clearly define what “dangerousness” means. Previously, the law had a requirement that the threat of physical dangerousness had to connected to a mental condition that would make it hard for a person to practice self-restraint. That requirement, however, was dropped in 1990.

The court also said that it in 2004, it told the Legislature that it was seriously worried about the law’s constitutionality and asked them to try and fix its flaws. According to Children’s Law Center of Massachusetts deputy director Barbara Kaban, the court's ruling shows that the state will not detain someone based on an allegation of dangerousness if the meaning of what that danger actually consists of is unclear.

The juveniles that brought the case had been detained for a number of crimes, including assault and battery with a dangerous weapon and larceny. The three youths have been in DYS custody since they were 16. While they were put on probation at first, all three of them violated their probation terms and were sent back to the juvenile detention facilities. The DYS applied for extended commitment orders for all three youths before they turned 18.

A DYS spokesperson says that following the new ruling, some 12 youths between ages 18 and 21 who are still in DYS custody will likely be released.

Juvenile Defense
The state of Massachusetts uses a completely different system for juveniles and adults when prosecuting crimes. There are steps that can be taken to protect the rights of your son or daughter and to minimize the impact of being charged with a juvenile crime.

Court: State can’t hold youth 3 extra years, BostonHerald.com, February 13, 2009

Juveniles' release after 18 backed, The Republican, February 11, 2009

Related Web Resources:
Massachusetts Department of Youth Services

Juvenile Court Department, The Massachusetts Court System

Continue reading "Massachusetts Supreme Judicial Court Says Juvenile Offenders Can’t Be Held An Extra Three Years After Turning 18" »

Brewster police officer Joseph H. (hereinafter, “Officer Openfly”) went to a Metallica concert on January 18th. That’s ok…they’re allowed to do that. But the force tends to frown upon things like exposing oneself and urinating on families. So do Suffolk County detectives and, presumably, assistant district attorneys. So, now he faces a hearing in Boston to determine if felony charges should be brought against him.

It’s not the only place he has faced a hearing and potential disciplinary action against him. Earlier this week, he had a disciplinary hearing before selectmen yesterday for the alleged drunken and lewd behavior at the Boston concert. ,

Officer Openfly allegedly pulled down his pants and urinated on a member of a family sitting in the row in front of him at the TD Banknorth Garden in Boston, according to reports from the Massachusetts Bay Transportation Authority Transit Police and Boston police. He then verbally and physically harassed the female members of the family with his pants still down and penis exposed, according to police.

The drunken symbol of law and order was then thrown out of the concert by security personnel. Transit police then told him to leave or face arrest for trespassing. But Officer Openfly was not done. He attempted to re-enter the concert by flashing his badge, which was at least an improvement, and telling them he was a Brewster police officer, according to the police reports. Apparently, he had missed the memo that indicated that law enforcement officials do not get special dispensation to sexually harass, and pee on, families. At least out of jurisdiction.

Apparently unimpressed, the officers arrested Officer Openfly and charged him with trespassing, a misdemeanor.

Continue reading "Will The Boston District Attorney Prosecute A Police Officer For Sex Crimes And Peeing On Family?" »

Young Omar B., 17, (hereinafter, the “Defendant”) is a lad from Hyde Park in Boston. Saturday, he was driving in Dedham. He had a bit of an adventure. His adventure has not fully ended yet. It has transformed into a criminal justice adventure as learned on Monday, in court, needing a lawyer.

The adventure involved a wrestling match with a police officer, according to the Commonwealth. It was apparently not a solo match, though. He was part of a team.

His partner?

His mom.

Lt. Det. Francis Bielawski was directing Dedham Mall traffic at 1:30 p.m. when a car driven by the Defendant, failed to stop until it was in the intersection of Incinerator Road and Washington Street, police said. The traffic violation is, as yet, unknown.

Bielawski pulled over the Defendant, who was talking on a cell phone, and discovered the youth only had a learner's permit and was alone in his mother's car, said Lt. Robert Nedder. The law does not allow a person with a learner's permit to drive alone.

When a tow truck arrived to take the car, Bielawski and Officer Richard Cawley asked the Defendant to step out, but he at first hesitated, Nedder said.

Continue reading "Boston Youth (And His Mom) Defended For Assault And Battery On Police Officer By Some Lucky Defense Attorneys" »

Here’s something you don’t see every day...a prosecuting attorney who has to go to Boston’s Supreme Judicial Court to back him up in not prosecuting someone!

Middlesex District Attorney Gerry Leone has refused to prosecute former state Senator James Marzilli for an alleged assault of an Arlington woman last April. Leone said he found there was not enough evidence to prosecute Marzilli for Massachusetts’ indecent assault and battery charges.

The complainant is not happy. She has been fighting Leone all the way to force him to prosecute.

The complainant alleges that Marzilli drove her to her Arlington home from a fund-raiser in April and, while standing in her kitchen, grabbed her breast and crotch. But Leone said in August that there wasn't enough evidence to prove the woman's case "beyond a reasonable doubt," which is the standard in criminal cases.

The woman then filed a private criminal complaint, the normal process of which being having a clerk magistrate’s hearing to determine probable cause to issue a criminal complaint. Apparently, the clerk found probable cause and a complaint issued.

But Leone again decided not to prosecute and refused to have Marzilli arraigned.

Continue reading "Boston’s Supreme Judicial Court Upholds Prosecuting Attorney’s Refusal To Prosecute Sex Crime" »

This past weekend, there was a party on the campus of Amherst College.

There was a little trouble. The result?

One youth lies in a hospital bed recovering from multiple stab wounds. Another, Marcus S., 21 of Boston (hereinafter, the “Defendant”), actually a student of University of Massachusetts, appeared in court yesterday as his lawyer tried to get him released on bail.

That attempt was not successful.

Amherst police responded to the call for assistance from the Amherst College Police Department at about 1 a.m. on Sunday . There had been a stabbing at Crossett Dormitory on the Amherst College campus. Upon arrival, officers discovered that a 20-year-old Amherst College student had been stabbed multiple times in the back and chest. He was transported by ambulance to Baystate Medical Center in Springfield where he was treated for injuries that were not deemed to be life-threatening.

The police became suspicious of the Defendant, who was covered in blood, but only had a minor cut on his thumb. Upon investigation, according to the arresting officer, the two men had argued about a girl with whom the Defendant had been dancing.

Continue reading "Boston Student Held Without Bail Despite Attorney’s Attempts" »

24 years after he was convicted of raping a college student, Timothy Cole was finally exonerated of the crime. Last week, a judge ordered that Cole’s criminal record be expunged after DNA evidence proved that he was innocent, as he has always maintained. Unfortunately, the exoneration comes too late for Cole who died from asthma complications in 1999 at age 39. He was serving a 25-year prison sentence for a crime he did not commit.

DNA findings are now linking the rape to Jerry Wayne Johnson, who is already serving a lifetime prison sentence for more than one rape crime. On Friday, he admitted to raping the young woman. He is asking the victim for forgiveness.

Ruby Cole Session, Cole’s mother, expressed gratitude that her son’s name has been cleared. The rape victim, Michele Malin, has also come forward to clear his name. She is now 44.

Malin had identified Cole out of a photo lineup, during a live lineup, and again at his criminal trial. She says that when her case was under investigation, officials had portrayed Cole as a violent criminal.

It is reportedly not uncommon for investigators and police to manipulate lineups or for witnesses to identify a suspect who looks like the perpetrator—especially if the real criminal is not present.The dead man’s family now wants the Texas governor to issue a formal pardon.

In an unrelated case, another man was released from a Texas prison last month when DNA evidence also proved that he was serving a 99-year prison sentence for a crime he did not commit. Charles Chatman was convicted of aggravated sexual assault 28 years ago. He is the 15th inmate to be set free in Dallas County in the wake of new DNA evidence.

In Massachusetts, DNA evidence was also a key factor in exonerating Anthony Powell who was convicted of rape and kidnapping after serving more than 12 years in prison for a crime he did not commit. Powell's conviction was vacated in 2004. Last year, Massachusetts police arrested Jerry Dixon for this crime and three others after he took a DNA test.

Rape crimes can be tough cases to prove and the wrong person be charged with a crime he or she did not commit.

Judge clears dead Texas man of rape conviction, Yahoo.com, February 7, 2009

DNA evidence frees Texas man after 26 years in jail for rape, USA Today, January 3, 2008

Innocent man finally finds justice, Boston Herald, July 18, 200i

Related Web Resources:
The Innocence Project

New Efforts Focus on Exonerating Prisoners in Cases Without DNA Evidence, NY Times, February 7, 2009

Continue reading "DNA Evidence Exonerates Man of Rape Conviction 10 Years After His Death" »

This February began as “Weapons Gathering Month” as far as local police are concerned. We return to two warnings often read in the daily Boston Criminal Lawyer Blog. Namely...(1) different law enforcements agencies communicate and (2) you do not get advance notice that an investigation is going on.

No, I am not referring to the cache of weapons in a Worcester home that were discovered when police and an ambulance were called due to a medical emergency this weekend. The month’s gun-toting atmosphere predated that.

A joint investigation by five area towns resulted in the arrest and arraignment in the beginning days of February of a Maynard man on charges of stealing and trying to sell firearms, including some assault rifles.

Lawrence W., 24, (hereinafter, the “Defendant”) was arrested as a result of an ongoing investigation according to Marlborough Detective Lt. Robert Jusseaume, one of the investigators in the case. The investigation included police from Maynard, Marlborough, Hudson, Sudbury and Newton, he said.

"We were able to pool information and resources and we were able to, based on our investigation, establish probable cause that a cache of weapons was stored at house in Maynard," Jusseaume said.

"It originated with a burglary in Newton over the summer," Jusseaume said. "Numerous weapons, including assault rifles, were taken."

Continue reading "February ’09 Gets Early Recognition As “Weapons Gathering Month” By The Boston Criminal Lawyer Blog" »

This week, the daily Boston Criminal Lawyer Blog ends its week as it began…with stories which demonstrate dangers faced by law enforcement and defendants applying to the “Hey, I’ll Bet I Can Make This Situation Worse” club.

Today, we have tales out of Springfield where two police officers suffered injuries Wednesday night while making two unrelated routine arrests.

Officer Francisco Otero suffered a severely injured shoulder while subduing a shoplifter during a violent struggle at Wal-Mart and Officer Maciej Jasinski suffered a severely injured knee while tackling a suspect in an icy parking lot.

Sgt. John M. Delaney, aide to Police Commissioner William J. Fitchet, said both officers required hospital treatment and have been relieved from duty.

Otero was sent to the Boston Road Wal-Mart, at about 8 p.m., for a report of a shoplifting in progress, Delaney said. Once inside, Otero was greeted by the store manager and security who stated they were monitoring a suspect who had a straight razor and was removing cell phones from their packaging and placing them in his pocket.

Continue reading "Boston Criminal Lawyer Blog’s Bad Week For Law Enforcement Ends As It Began, With Assaults On Police Officers" »

As the “Madoff Wars”, fought by investigators, attorneys and accountants, rage, score one for lawyers of the Commonwealth. They finally got Robert Jaffe, a crucial witness to Madoff’s operation, to the Hub where he finally spoke to regulators. The result? Boston regulators are ramping up a probe into Bernard Madoff’s alleged $50 billion Ponzi scheme.

As any loyal reader to this daily blog knows, we have been “checking in” with the Madoff Nightmare since the beginning. In our last episode, January 27ths Boston Secretary Of State Tells Madoff Associate To Visit; Attorney Says “Nope”., the Commonwealth and the court were telling him to come up from Florida to talk. Through counsel, his response had been in the negative.
Apparently, he has changed his mind. Yesterday, he met with state investigators. It is not clear whether Jaffe, who went to court last month in a failed bid to block the state’s subpoena, told regulators anything of value, however.

Jaffe, a vice president at Madoff’s Cohmad Securities unit, introduced many alleged Massachusetts scam victims to Madoff. However, the 64-year-old has denied any knowledge of the reputed Ponzi scheme. Rather, Jaffe - the son-in-law of Hub philanthropist Carl Shapiro, who allegedly lost some $300 million in the scam - has said that he and his family are among Madoff’s victims.

“The responsiveness of Mr. Jaffe to (our) subpoena is presently being evaluated,” said State Secretary Galvin, whose office regulates Massachusetts securities sales. However, Galvin did say that his probe has expanded to include other “feeder firms” - companies that lined up Madoff investors.

Continue reading " Madoff Associate And Lawyer Come To Boston As Fraud Probe(s) Continue" »

Nikita R. 50, (hereinafter, the “Defendant”) lived in the near the City of Boston...Arlington, in fact. Until this week, he was perhaps an average-looking man who you might pass on the street and give a friendly nod to. His neighbors knew him mostly as a quiet guy who smoked cigarettes on his porch.

This changed on Monday when the Defendant put on camouflage fatigues and, armed with a 9mm handgun, allegedly ran up and down a tree-lined street screaming incoherently and pointing the handgun at his neighbors according to police.

This morning, he is a guest of the Commonwealth, held without bail and facing various felony charges, as his attorney prepares to argue to the a judge that he is not a danger to the community.

Don’t let that one lone handgun fool you, though. He was also carrying an illegal double-sided knife, police said. Inside his apartment on Magnolia Street, investigators with a search warrant discovered several more illicit knives and an illegal, high-capacity SKS assault rifle with ammunition, police said.

"Suffice to say, he was well armed," said Chief Frederick Ryan of the Arlington Police Department.

Continue reading "Boston-Area Lawyer Struggles To Prepare For Dangerousness Hearing After Client Is Found With Weapons And Assaults Neighbors" »

This Massachusetts Dangerous Driving tale did not begin in Boston…it did not even begin in Massachusetts. But it ended there. In Springfield. In court. With a defense lawyer by his side trying to explain why his out-of-state allegedly reckless client should go home after his arraignment.

When 33-year-old Rogelio V. (hereinafter, the “Defendant”) entered the Commonwealth on Monday morning, he was not alone. He was leading a kind of law enforcement parade. By “parade”, I mean “chase”. State and local police had been led on a wild ride that ended when the Defendant allegedly intentionally rammed a cruiser on Center Street, Captain Eugene C. Dexheimer said.

"He wasn't going to stop for anybody," Dexheimer said.

The chase began in Hartford, Connecticut after the Defendant was involved in a hit and run accident there, Longmeadow Police Sgt. John D. Stankiewicz said. Longmeadow police first spotted the Defendant, northbound on Route 5, shortly before 2:30 a.m. Until that point, Hartford and Enfield police had been involved in the chase, police said.

When the Defendant, refused to stop, Longmeadow police deployed spike strips, blowing out all four of his vehicle's tires, police said.

The “never say die” Defendant, eventually driving on his rims, continued to flee at speeds below 30 mph Dexheimer said. "Sparks were flying from the tires that now were wheels," Dexheimer said.

Continue reading "The Battle Between Cruisers And Drivers Continue, Inside And Out Of Boston On A One-Way Road To The Defense Attorney" »

The Massachusetts rape trial of former Coast Guard officer David Pierce is set to begin this week. Pierce is accused of raping the same woman five times in 2005.

Pierce’s criminal defense attorney claims that the sex between the client and the woman was consensual and that the two of them were involved in some sort of relationship that year. Pierce was indicted on five counts of rape in January 2006. He pleaded not guilty.

Several Coast Guard officers are expected to testify during his criminal trial. The alleged victim, Cape Cod Hospital nurses, and Yarmouth police officers are also expected to give their testimonies.

If he is convicted, Pierce would become a known Massachusetts sex offender and likely sentenced to time in state prison.

Rape
If you have been accused of committing rape in Massachusetts, it will be up to your Boston criminal defense attorney to combat the charges against you. Rape is a crime that usual involves non-consensual sexual intercourse between people, usually by force or under threat of injury. A defendant can be accused of raping a stranger, a friend, an acquaintance, a significant other, or a spouse.

A good Boston sexual crimes lawyer will know how to investigate the evidence against you, as well as determine what evidence exists in your defense. There may be information or evidence that could get the charges against you dropped or reduced. A conviction for rape in Massachusetts could lead to years in prison. Your name would also be placed on the Massachusetts’ sexual offenders list.

Coast Guardsman faces rape trial in Mass., Examiner.com, February 3 2009

Barnstable trial on rape charges begins Tues., CapeCodOnline.com, February 2, 2009

Related Web Resources:
Mass Law about Rape and Sexual Assault, Massachusetts Trial Court Law Libraries

Sex Offender Registry Board, Mass.gov

Continue reading "Former Coast Guard’s Massachusetts Rape Trial Begins this Week" »

It has been a difficult and dangerous time for Boston-area police officers. While perhaps not intentional, recent tragedies and near-tragedies remind us that some of those we represent as defense attorneys often endanger not only themselves, but everyone around them when driving dangerously.

Including police officers. Let's look at two recent examples.

You have probably already heard about State Police Captain Richard J. Cashin, 52, father of four, who died last Wednesday when his cruiser crashed into a utility pole. It has now been determined that he was likely enroute to help Saugus police pull over a car that was reportedly driving erratically.

About a mile and a half from the crash site, Saugus police had pulled over the driver who, police later found out, was texting while driving, said Saugus Lt. Michael Annese. He believes it’s likely that is where Cashin was headed.

State Police spokesman Dave Procopio said “Based on the proximity of the time and location and the type of police officer Capt. Cashin was - always looking to assist other officers - you could draw a reasonable inference that he had begun traveling up Route 1 to look for an erratic driver, who posed a threat to the public, at the time he lost his life,” Procopio said.

Witnesses told police the car’s lights and sirens were not on prior to the crash, Procopio said.

Continue reading "Boston-area Law Enforcement Endangered By Drivers Needing Defense Lawyers" »