Boston Criminal Lawyer Blog

Now, I know what you are thinking. You see “Boston-area” and “Day Care Center” and you think of things like the infamous Fells Acres case and expect to find yet another story involving allegations of sexual assault being battled by a myriad of criminal defense attorneys.

Often, you would be correct. Today you would be wrong.

One of the constant messages of the Boston Criminal Lawyer Blog is that one never knows where criminal allegations may come from next. In this case, there are criminal allegations…but not of the sexual nature. In fact, not even of the intentional nature.

According to a local paper, the owners of a Fall River day care center were arrested last Friday. The police say that they failed to get medical help for two children who had been bitten by a third child (hereinafter, the “Biter”) under their care. Apparently, Ashraf W., 40 and his wife, Mervat H., 35, the owners of the center and now collectively the “Defendants” are each charged with wanton or reckless endangering of a child.

Specifically, the allegations amount to permitting substantial injury to a child and permitting injury to a child. No, they are not charged with actually committing the assault as that was apparently the doing of another child.

According to the Commonwealth, the injuries were sustained at the day care center, which is underneath the Defendants’’ home.

Of course, we are not talking about the garden variety injuries either.

Continue reading "Children Found At Risk As Boston-Area Day Care Owners Are Arrested In Connection With Assault Incident In their Charge" »

Massachusetts prosecutors are accusing a 26-year-old Hanover man of kidnapping, attempting to rape, and injecting a 6-year-old girl with an unknown substance. During his arraignment in Hingham District Court yesterday, Justin Shine pleaded not guilty to charges of attempted rape, kidnapping, assault and battery, and resisting arrest. He is being held without bond until his dangerousness hearing, which is scheduled for Wednesday.

Among the allegations against Shine:
• He was high on cocaine when he abducted the girl.
• He got her to enter his apartment by telling her he had gerbils and guinea pigs.
• He injected her with a substance that made her drowsy.
• He bound her hands using black tape, shackled her ankles, and put tape on her mouth.

As police searched the apartment complex for the girl, Shine slit his own wrist. The girl either was let go or escaped. She did not sustain physical injuries. Police claim that Shine resisted arrest but they were able to subdue him.

Neighbors say that the Shine and the girl live near each other in Hanover Woods, a Massachusetts apartment complex.

Kidnapping
Kidnapping consists of secretly or forcibly imprisoning a person or keeping the victim confined against his or her will. This crime can comes with a maximum 10-year prison sentence in Massachusetts. A defendant convicted of kidnapping could be ordered to face a lengthier prison sentence if he or she used a dangerous weapon when committing the crime, caused serious sexual or other physical injury to the victim, kidnapped a person younger than age 16, or abducted someone for monetary gain.

Kidnapping, aggravated kidnapping, and kidnapping with the intent to extort money are serious criminal offenses in Massachusetts. You cannot battle these charges without the help of an experienced Boston criminal defense lawyer. There may be insufficient evidence in your kidnapping case, or the alleged crime may be one involving mistaken identity or a misunderstanding. Your Massachusetts defense attorney can combat the charges that were filed against you.

DA details alleged kidnapping in Hanover, Boston.com, June 29, 2009

Girl's Horror In Hanover Kidnapping Revealed, WBZ, June 29, 2009

Related Web Resources:
The General Laws of Massachusetts

National Child Kidnapping Facts, Polly Klaas Foundation

Continue reading "Hanover Man Pleads Not Guilty to Kidnapping and Attempting to Rape 6-Year-Old Neighbor" »

As promised, our weekly "Attorney Sam's Take" discussion completes our examination of how involvement in the criminal justice system effects students.

We have discussed how, beyond the obvious, the arrest of a juvenile student in Massachusetts can seriously effect that student’s future plans. We have also mentioned how the earliest consultation with an experienced criminal defense attorney is vital in order to best attempt to prevent, or at least minimize, damage.

Of course, not all students are juveniles. Some are already adults. There are a few big differences. Remember how I wrote about the Juvenile System’s concerns being primarily rehabilitative? Well, such is not the case with adults. Further, while a juvenile’s prior record is often disregarded…no such luck for the adult.

The result of these differences?

Harsher realities.

Let’s take an example.

Last Thursday, 18-year-old Kyle R. (hereinafter, the “Defendant”) had a bit of trouble with the Taunton police. It seems he is being accused of driving drunk (aka OUI). Well, maybe a little more. He also faces charges of driving so as to endanger, carrying a dangerous weapon, (a spring-loaded folding knife) and violating the terms of a juvenile operator's driving license.

“What brought the lad to the attention of the law?”, you ask.

Well, the police say it was his driving his car into a speed limit sign and a fire hydrant just after 1:00 a.m.

Continue reading "A Boston Criminal Defense Lawyer Discusses Student Arrests And The Resulting Effects On A Student’s Future (Part Two)" »

Well, this one cuts alittle close to home; I went to Tufts. Of course, I graduated undergrad there a long time ago. Long before I was a Boston criminal defense attorney. Long before the alleged white collar criminal activities to which Josephine N. (hereinafter, “Defendant 1”) and Raymond R. (hereinafter, “Defendant 2”) have now pleaded guilty. The pair were fairly high up on the funding ladder for the University at the time of their alleged misdeeds. Now, they have fallen off that ladder and landed in state prison.

Last week, Defendant 1, the director of Tufts’ Office of Student Activities from 1996 to 2007, and Defendant 2, the budget and fiscal coordinator for the Office of Student Activities from 2001 to 2007, pleaded guilty to multiple counts of larceny in Woburn Superior Court. According to the Commonwealth, Defendant 1 had stolen $37,576 and Defendant 2 had pilfered $604,873. The two had been indicted on July 1st by a Middlesex Grand Jury for counts of larceny over $250.

Yes, those would be felony charges. Each defendant was sentenced to two years to two years and one day to be followed by five years of probation as well as full restitution of the funds they have admitted to stealing.

“These two employees abused the access that they were given by the University to steal hundreds of thousands of dollars that was meant to help students,” District Attorney Leone said. “We want to thank Tufts University for referring this case to our office as soon as they uncovered this scheme and then working cooperatively with us to conduct a full investigation.”

Continue reading "Boston-Area University Employees Plead Guilty To Larceny From School" »

In the celebrity domestic violence case involving R & B performer Chris Brown and his ex-girlfriend singer Rihanna, Brown pleaded guilty to one count of felony assault on Monday. Per the terms of the plea agreement, Brown will serve six months of community labor, five years of supervised probation, as well as participate in domestic violence counseling. This is Brown’s only offense for domestic violence.

A stay-way order has also been issued that prevents the former couple from coming within 50 yards of one another—unless it is an industry event; in these situations, the two of them must make sure the distance between them is at least 10 feet.

If Brown had refused the plea agreement and was convicted of criminal threats and felony assault, he could have ended up serving up to five years in prison. The 20-year-old singer was arrested last February for allegedly threatening and beating Rihanna during an altercation prior to the Grammy Awards. The singer is accused of trying to push his then-girlfriend out of a car, shoving her head against a window, punching her, and biting her ear.

While some people are questioning whether Brown’s punishment is too lenient for the crime, the Los Angeles Times reports that his sentence is in line with what other first-time offenders pleading guilty to the same crime will usually receive. Former deputy district attorney Dimitry Gorin says he has negotiated similar plea agreements for other defendants and that Brown's sentence is not a light one.

Gorin noted that even if Brown were ordered to serve jail time, the Los Angeles County jail is so overcrowded that the singer would likely have served just a “fraction” of his jail sentence. District attorney spokesperson Sandi Gibbons says that Browns’ plea agreement was not “special treatment” and that Rihanna approved of the deal.

Settlement reached in Chris Brown's alleged beating of Rihanna, Los Angeles Times, June 22, 2009

Chris Brown Pleads Guilty in Deal, The New York Times, June 22, 2009

Related Web Resources:
Massachusetts Law About Domestic Violence

Group Reports Massachusetts 15 Domestic Violence Homicides to Date for 2009, Bostoncriminallawyerblog.com, June 7, 2009

Domestic Violence Overview, Justia

Continue reading "Singer Chris Brown Grabs Plea Agreement in Assault Case Involving Ex- Girlfriend Rihanna and Avoids Jail Time " »

The criminal prosecution seems to have ended for John R., of Vermont, (hereinafter, the “Defendant”) and his lawyer. On June 8th, he pleaded guilty to charges, the investigation of which reflects some important information to those who assume themselves beyond suspicion.

After all, the Defendant had been something of a celebrity. Now in his 60’s, he had had helped found a gay rights group in Provincetown in the early 1990’s. In 1989, he helped form the Provincetown chapter of ACT UP, a group that described itself as diverse and nonpartisan, and committed to direct action to end the AIDS crisis. He also served on a working group to combat hate crimes.

And now?

Now he has been convicted in the cyber-crime of possessing and distributing child pornography.

To make the charges against him seem even more unlikely, they are not even the result of a local investigation. In fact, it was not even initiated within the United States.

Continue reading "Massachusetts Former Hero Is Arrested And Pleads Guilty To Federal Charges Of Child Porn" »

Sunday’s Boston Herald, along with several other local newspapers, focused on a particular aspect of a recent Framingham murder case. In the Herald, the headline read, “Suspect in Framingham stabbing has long police record”. While said record is normally inadmissible in court (except under certain circumstance) it is, for now, a noteworthy part of the story as far as the public is concerned. It is yet another illustration of what the Boston Criminal Lawyer Blog has long been warning Massachusetts readers, particularly the young among us. Namely, the errors one makes in the past, even while a juvenile, can greatly affect our future in terms of criminal justice.

The man accused of the homicide in this case is 19-year-old Dan G. (hereinafter, the “Defendant”). He is charged with Murder in the First Degree in connection with a fatal stabbing in Framingham which is said to have occurred on June 14th. While one would imagine the circumstances surrounding the attack would be the focal point of the public’s interest in the matter, said facts now seem to have taken a back seat to the Defendant’s criminal history. Yes, this would include his juvenile history which, of course, is usually considered “sealed” and inadmissible against him.

The Defendant is currently being held without bail. Part of the reason for this may well be his present circumstances. After all, Murder 1 is considered the most serious of crimes and, in fact, carries a sentence of Life without the possibility of parole in the Commonwealth. Further, the Defendant’s own statement, not surprisingly, does not help his situation. He is reported as saying that he does not remember stabbing the victim, but does recall standing over him holding a bloody knife.

The Defendant’s familiarity with knives, remembered by him or not, has now become of interest to the public. That familiarity, of course, is intimately entwined with his prior criminal record. For example, on April 7th, he is said to have used a knife to threaten a group of teenagers he claims were about to fight one of his friends. While you might see that as self-defense, or the defense of another, the Commonwealth did not see it that way. Law enforcement, no great fan of knife-waving “vigilante” protectors, arrested the Defendant and charged him with assault with a dangerous weapon.

It likely did not help that the friend the Defendant had been trying to protect went public with the notion that the Defendant was “intimidating”, which is why he had enlisted his aid in the first place.

Continue reading "Murder Suspect Is Jailed Without Bail Pending Probation Surrender As Boston-Area Media Focuses On His Prior Criminal Record" »

In Massachusetts, Jeffrey Gautreaux, a former Bank of America teller, has been charged with two counts of aggravated identity theft, 17 counts of bank fraud, and one count of access device fraud. The charges are related to a fraud scam that allegedly occurred between July 2005 and June 2006.

The 25-year-old, who worked at a Bank of America branch in Peabody, is accused of getting bank customers’ personal information and account data and selling the stolen information to people that then made unauthorized withdrawals—ranging from $2,800 to $31,800—from the accounts. At least $270,000 was taken out of these accounts without the bank customers’ authorization.

If convicted, Gautreaux could be ordered to pay a $1 million fine for each bank fraud count and serve up to 30 years in prison, in addition to supervised release for five years. A conviction for access device fraud could lead to a 10-year prison sentence, a $250,000 fine, and probationary release. A conviction for the aggravated identity theft charges could lead to additional sentencing.

Bank of America clients that were defrauded included those from Greater Boston, Magnolia, North Shore, and the Merrimack Valley.

Access Device Fraud: This term can refer to fraud crimes involving the use of access device numbers, such as ATM pin numbers, debit card codes, long-distances access codes, and computer passwords.

Bank Fraud: Can refer to fraud crimes that involve obtaining assets, funds, securities or money that is held or owned by a financial institution.

Aggravated Identity Theft: Involves using a stolen identity to commit a crime.

Our Boston criminal defense lawyers are amazed at how many times people are charged with white collar crimes that are a result of a simple misunderstanding or the wrong person being targeted as a “fall guy.”

Man, 25, indicted for ID theft, bank fraud, GloucesterTimes.com, June 5, 2009

Peabody bank teller accused of stealing customer IDs, Boston Herald, June 5, 2009

Related Web Resources:
Financial Crimes Division, United States Secret Service

White Collar Crimes Overview, Justia

Continue reading "Former Massachusetts Bank of America Teller Charged with Bank Fraud and Identity Theft" »

This week, the daily Boston Criminal Lawyer Blog examined various news stories about a particular large population in the Boston area, namely, students. Whether it be graduate school, college, high school or even grammar school, a momentary, perhaps youthful, mistake can bring a postponement or even end to a lifetime of future dreams for that student and accompanying family. Now, as schools are adjourning for the summer, and graduations are upon us, our weekly Attorney Sam’s Take discussion looks directly at how the criminal justice system, and its results, can effect Massachusetts students.

There is a lot to say, so this week’s Discussion is a two-parter, which will continue into and conclude tomorrow, Friday, June 12th.

How many times have you read about a youth getting arrested and thought, “Well, it’s a kid. A juvenile. What can they do to a kid…spank him?”

Well, no. Spanking has been off the criminal justice books for many a decade.

However, the myth that juvenile offenders cannot be damaged by the justice system, although widely believed, is not really true. Most kids, of course, do not realize that. This is why many ongoing criminal enterprises, such as drug traffickers, are often able to use juveniles to do the “dirty work” of street selling. They convince the young eager entrepreneur that “the law” cannot really touch him/her and so, while the chance for money is high, the accompanying risk is low.

Continue reading "A Boston Criminal Defense Lawyer Discusses Student Arrests And The Resulting Effects On A Student’s Future (Part One)" »

The Cambridge Rindge and Latin High School graduation was last week. One of the hopeful graduates, 17-year-old Pauline F. (hereinafter, the “Defendant”) was all set to take that exciting step. But things did not go as planned. Now, she needs something else…a lawyer.

You see, the Defendant was arrested at the site of the graduation before she could actually receive her high school diploma.

Police Officer Sean Lowe was working a paid uniform detail for the graduation when a commotion erupted as more than 300 cap-and-gown clad graduating students lined up to walk across the stage. According to law enforcement, the Defendant, dressed in her black graduation gown, was shouting obscenities while pacing back and forth and crying.

And why was she crying?

Well, apparently, CRLS Principal Christopher Saheed and John Silva, the security director at the high school, had told the Defendant that she would not be allowed to walk across the stage with her class. Perhaps determined not to ruin the day, the Defendant is said to have threatened that she would walk across the stage anyway and that she would slap any officer who got in her way, according to police reports.

Yes, that would be “slap” as in “assault and battery”.

Continue reading "Boston Area High School Student Arrested For Assault Threats At Graduation" »

Eric P., a college student from Winthrop (hereinafter, the “Defendant”) was apparently vacationing on Cape Cod last month. His souvenirs from the trip include an arrest record and a relationship with a criminal defense attorney.

You see, the Defendant had a little trouble in Provincetown. According to law enforcement, he approached two women in the after midnight hours in front of the Post Office Café’ and Cabaret on Commercial Street, using slurs to refer to men he assumed to be gay. He apparently followed up his impressive verbiage by pushing one of the women through a window, breaking the window and causing minor injuries to the women necessitating stitches. He is also accused of punching the women in the stomach and calling them “faggots”. According to reports, both women required medical attention.

He now faces various assault charges in connection to what has been called an anti-gay attack on the woman.

The Defendant did not make it too far after the assault, however. An angry mob reportedly formed around him as he was being arrested.

The Defendant, who had been visiting with his mother who lived near the crime scene, had apparently been drinking. In fact, authorities say that he had been ejected from the Vixen nightclub before the attack.

Would it surprise you to hear that the arrest did not go too smoothly? By the time he got to Orleans District Court, he not only faced the felony hate-crime assault charges, but also charges of resisting arrest and assaulting a police officer. He has been accused of spitting at one officer and kicking another.

Continue reading "Boston Area College Student Arrested For “Hate Crime” Assault On The Cape" »

A Massachusetts jury spent more than 3 ½ hours deliberating the fate of Clark Rockefeller before going home for the day. The 44-year-defendant is charged with kidnapping his 7-year-old daughter last summer. During closing arguments, the prosecution had urged the jury to think of the defendant as controlling, self-centered, and an expert manipulator—albeit with a personality disorder—Rockefeller’s defense attorney argued that his client suffers from an acute mental illness and that it was “pure madness” that drove him to take his daughter.

He also contended that there is no way that Dr. James A. Chu, the psychiatrist for the prosecution, could have properly diagnosed his client after just one 2 ½ hour session. The defense noted that its own mental health experts, who were trained in forensics and had evaluated dozens of defendants in the past, met with Rockefeller 14 times for a total of 28 hours.

Rockefeller had pleaded not guilty to the kidnapping charge by reason of insanity after he abducted his daughter on July 27 during a supervised visit. They traveled to Maryland and he was arrested six days after they disappeared. His daughter Reigh was found unharmed. He is also is charged with assault and giving police a false name.

Rockefeller’s Massachusetts kidnapping case has drawn national attention in part because of his interesting backstory. His real name is Christian Karl Gerhartsreiter and he reportedly has used five different aliases over the years, including pretending to belong to the famous Rockefeller family.

He later married Sandra Boss, who is Reigh’s mother. Boss says she never doubted her husband’s personal history until she hired a private investigator when they got a divorce in 2007. Rockefeller’s attorney claims that Rockefeller "went over the edge" after Boss filed for divorce and he lost custody of his daughter. Rockefeller believes his daughter was using telepathy to tell him that she needed to be saved.

'Clark Rockefeller' kidnapping case goes to jury, Google/AP, June 8, 2009

Defense closing: Rockefeller not 'playing with a full deck', Boston.com, June 8, 2009

Related Web Resources:
Clark Rockefeller Case Timeline, Boston.com

Massachusetts Laws, Justia

Continue reading "Clark Rockefeller Kidnapped His Daughter Out of Pure Madness, Says His Massachusetts Criminal Defense Attorney" »

Last week, I posted a blog about a group of do-it-yourself sleuths who tried to solve the murder mystery of fallen 21-year-old Justin C. (hereinafter, the “Deceased”) at Harvard University. The result? The investigators they hired ended up arrested instead. That posting, by the way, can be found here. Meantime, the professionals were busy at work trying to solve the murder mystery that had come to Cambridge. The police arrested Jabrai C., 20, of New York, (hereinafter, the “Defendant”) for the crime. The Defendant and his lawyer have answered “Not Guilty” to charges of murder, accessory after the fact to murder and Massachusetts possession of a firearm.

The Deceased had been shot in the basement common room in a dormitory of the Cambridge campus. It has been determined that multiple shots were fired at the scene and that there were individuals aside from the Defendant and Deceased, who were present and involved in the shooting.

The Defendant, a New York songwriter, turned himself in to the Cambridge Police, according to the District Attorney’s office of Middlesex County, and will be held without bail until his July 15th hearing. However, the DA has also announced that two female Harvard students are linked to the incident. It is suspected that they allowed those involved in the murder to gain entry to Kirkland House.

Leone declined to comment on what if any charges might be pressed against the two Harvard students, but they both were asked to leave campus and are not be allowed to graduate this month. One of the two women is Chanequa C. (hereinafter, the “Accused”)

“This is a highly educated, independent young woman who has literally been cared for since she was a teenager by Harvard—and now they have terminated her right to be on campus,” the Accused lawyer has complained. “There is no justification for it. She may have known the people involved, but you know, it’s not guilt by association in this country.”

Continue reading "Boston Area College Student In Trouble After Murder On Harvard University Campus" »

According to Jane Doe Inc., there have been 15 domestic violence deaths in Massachusetts this year. The latest victim, Rebecca C. Moulton, was allegedly beaten to death by her live-in boyfriend. Moulton was 27.

Her boyfriend, David W. Vincent from Pittsfield, was initially held for assault with intent to murder and aggravated assault and battery. On Friday, Vincent pleaded guilty to an “upgraded” charge of murder.

Jane Doe Inc. says that there were 25 domestic violence murder in 2008 and 42 domestic violence deaths in 2007.

Domestic Violence
Domestic violence may consist of violent interactions between family members or members of the same household or people that are or were romantically involved with one another. Domestic violence should not be tolerated.

While this is a serious crime that can cause great injury to its victims, not everyone that is accused of committing domestic violence is guilty of the offense. In some instances, a fight between a husband and wife can be wrongly construed as a domestic violence incident, with one party forced to take the brunt of the blame. False accusations have also been known to occur—sometimes brought about during the heat of the moment.

An experienced Boston criminal defense law firm understands that there are often complex dynamics at play during interactions between family members and lovers. Massachusetts, however, has a mandatory arrest police that mandates that law enforcement officers arrest anyone accused of domestic violence. Domestic charges may include allegations of assault, harassment, reckless endangerment, restraining order violations, assault with a deadly weapon, unlawful imprisonment, stalking, kidnapping, and murder.

You are entitled to the best defense possible against any Massachusetts domestic violence allegation or criminal charge. The outcome of your case could affect your marriage, your career, divorce or child custody proceedings, and the rest of your life.

Cops: State logs 15th domestic violence homicide of 2009, Boston Herald, June 6, 2009

Pittsfield Man Pleads Not Guilty To Murder, CBS 3 Springfield, June 5, 2009

Related Web Resources:
One Million False Allegations of Domestic Violence Each Year, Report Finds, MediaRadar.org, January 29, 2007

Domestic Violence, The National Father's Resource Center

Continue reading "Group Reports Massachusetts 15 Domestic Violence Homicides to Date for 2009" »

It is Thursday and so, as any regular reader of the daily Boston Criminal Lawyer Blog knows, it is time for another Attorney Sam’s Take discussion about an area in the law which effects those who have found themselves involved in the criminal justice system. Today we examine the truth about being on probation.

If you have not experienced it yourself or through a loved one, probationary circumstances generally come about in one of two ways. The first is, after being re-named “Defendant”, one is allowed to await trial unencumbered by steel bars.

While this type of probation generally has no extra conditions (except keeping away from the complainant if there is one), it can have conditions. The one condition it always carries, however, may seem obvious…but the consequences usually are not. This is the condition of not getting arrested, or gifted with new criminal charges, while in this “bail” posture. What many people do not realize, although the court is now required to tell them upon the continuance of the case, is that if they do pick up new charges, they can be held on the present case in custody without any bail for up to 60 days.

That’s right…I did not say “convicted”. I was talking about simply being charged. For those of you scratching your heads, sensing an inconsistency, you are correct. This would mean that you could be held in custody without any bail on a matter in which you are still presumed innocent because you have been merely accused of another crime…of which you are presumed innocent and will not even face trial for a number of months.

As I have many times explained, simply being charged is the violation. It does not matter that you have not been convicted of anything.

Continue reading "The Boston Criminal Lawyer Blog Discusses The Truth About Probation Surrenders" »

Every once in a while, a news story prompts me to admit something about my personal life. This is one of those. The confession is that I grew up loving comic books, or, as they are now called, "graphic novels". Given the popularity of superhero movies of the last several years, I guess I was not alone. I particularly enjoyed the ones involving super-heroes who went out and fought crime. Many of the superheroes, such as Daredevil, usually worked alone (incidentally, his secret identity, Mathew Murdock was a criminal defense attorney), acted alone. However, there were various groupings of heroes, such as the X-Men, Avengers and Justice League of America, who worked together to fight threats to the universe. Sometimes the action was as close as New York or Boston…sometimes far away in other countries and planets.

Of course, that was all just fantasy…or was it?

According to yesterday’s Boston Globe, there exists a “crime club” right here in the Boston area. It’s secret headquarters is nestled in that institution of scientific education, the Massachusetts Institute of Technology, otherwise known as Cambridge’s own “MIT”.

MIT students are no strangers to criminal justice controversy. Not too long ago, for example, there was that incident of a student and criminal charges for terrorizing armed security personnel.

But who knew there was a secret cabal called a “Crime Club”?

Continue reading "Boston-Area “Crime Club” Actions Result In Charges Of Breaking And Entering And New Clients For Cambridge Defense Attorneys" »

Police have charged Amanda Brumfield, movie star Billy Bob Thornton’s 29-year-old daughter, with child neglect causing harm or disability. The criminal charge stems from the death of a toddler that she babysat last October. The baby was 1.

Brumfield reportedly told police that the baby she was taking care struck her head after falling out of a playpen. She was unable to revive the toddler and sought help two hours after the fall accident.

Autopsy results indicate that the girl sustained a traumatic brain injury and fractured her skull. The medical examiner ruled the baby’s death a homicide.

Police say that Brumfield’s account of what happened is not consistent with the toddler’s injuries. Police said they don’t believe that a 1-year-old can balance on a playpen railing. They agree that the toddler struck her head, but they say the force of impact had to have been harder than just falling out of a playpen.

Massachusetts Child Abuse
In the state of Massachusetts, the Department of Social Services looks into all cases involving potential child abuse. Child abuse allegations may include those involving Shaken Baby Syndrome, child rape, physical assault, indecent assault and battery, and child pornography.

According to the Department of Children and Families, Massachusetts ranks #2 among US states for having the most reported child abuse cases. In 2008, there were 119,247 Massachusetts child abuse cases reported—that’s 13 more a day than the number of Massachusetts child abuse cases that were reported in 2007.

That said, not every person accused of or arrested for child abuse is guilty, and parents, stepparents, grandparents, uncles, aunts, siblings, babysitters, and other caregivers can find themselves facing criminal charges for a crime they did not commit.

The best way to combat the Massachusetts child abuse charges against you is to speak with an experienced Boston criminal defense law firm about your case.

Thornton’s daughter arrested after baby’s death, MSNBC.com, May 31, 2009

Report: Thornton's daughter charged in kid's death, AP, May 31, 2009

Lynn child abuse rates outpacing most of U.S., ItemLive.com, June 1, 2009

Related Web Resources:
Office of Health and Human Services, Mass.gov

What is Child Abuse and Neglect?, Childwelfare.gov

Continue reading "Billy Bob Thornton’s Daughter Charged with Child Neglect in Death of Baby " »

Two Massachusetts Criminal Defense Attorneys have new clients resulting from their dealings with local police departments this past weekend. The two men handled the situation differently, but both methods ended in the same place...custody.

First there was the adventure of Randy G., 25 of Boston (hereinafter, “Defendant 1”). Defendant1 indicated that he was rather fond of doing business with a certain undercover police officer. In fact, he liked him so much, he thought it would be nice for the undercover to be a regular customer for his drug trade.

How did he do that? Well, the good old fashioned way – he tried to entice him with a bargain. He offered the undercover detective a lower price on crack, cocaine, if he would buy in volume.

The bargain was that Defendant1 would sell the UC seven or eight bags of crack for only one hundred dollars if he agreed to join his cadre of regular customers.

Not a bad deal…if you are in the market for that sort of thing.

The UC, however, wasn’t. He responded by offering Defendant1 a pair of the Commonwealth’s Bracelets of Shame. It was a deal Defendant1 could not refuse. Literally.

Continue reading "Boston-Area Drug And Theft Suspects Are Arrested After Police Investigations Despite Differing Approaches" »

As last week ended, many of us were still preparing for the summer weather which seems to taunt us in the Boston area every few days. Other, less mundane, issues were consuming the thoughts of Robert L. of Gloucester (hereinafter, the “Defendant”). He and his defense lawyer were awaiting a verdict in his Homicide trial in Lawrence Superior Court.

The jury returned Friday with a mixed verdict for him. He was found to be not guilty of manslaughter, but will still be serving the next three to six years in state prison for the selling of prescription painkillers.

The case dates back to December 17, 2004, when Richard B., 38, (hereinafter, the “Deceased”) died after paramedics found him in cardiac arrest, unconscious and not breathing, in his car outside his Essex Street house. Law enforcement believed that the Deceased had overdosed on a drug known as Fentanyl which had been contained in a patch designed for slow absorption through the skin that he had apparently opened and ingested.

After more than a year of investigation, the Commonwealth decided that the Defendant, 43 at the time, had sold the Deceased, his co-worker, the drug for $50 after a Christmas party. Given the unhappy result, they not only charged him of the sale of the drug, but also with manslaughter.

Continue reading "Criminal Jury Trial For Drug Sale AndManslaughter Ends; Jury Returns Verdicts Of Guilty And Not Guilty " »