Boston Criminal Lawyer Blog

Between press conferences that threaten to bring the Professor Gates' arrest for disorderly conduct back into headlines, Boston joins the rest of the world in watching the latest Michael Jackson thriller. This time, it features potential clashes between the legal and medical professions and may well end up starring over a dozen doctors teamed up with their very own criminal defense attorneys.

Los Angeles detectives and coroners have been very busy gathering information on doctors who have treated Michael over the years. In fact, their pursuits have included making the requisite showing to courts in order to get subpoenas and search warrants to obtain medical files and search residences as well as offices.

It has apparently been determined that Jackson was taking a lot of drugs. No, we are not talking about illegal drugs such as cocaine and heroin. These are legal drugs...so long as you have a valid prescription. However, when misused, they can be life-threatening. It is said that Michael used more than two dozen aliases in order to get these drugs. Nineteen of these identities are apparently mentioned in affidavits used by law enforcement to secure search warrants in their investigation. These 19 were said to have been used in connection with Dr. Conrad Murray.

Dr. Murray was apparently Jackson’s primary doctor who had a very “hands on” attitude when it came to Michael. According to according to Kai Chase, a professionally trained chef hired by Jackson to, ironically enough, maintain a healthy food regimen, Dr. Murray was at the scene of the death. On that morning, however, Dr. Murray did not follow his usual procedure of taking Michael his breakfast foods and bringing down his oxygen tanks.

On the day that Jackson died, Ms. Chase saw the doctor do neither…which was a sign that something was wrong.

Continue reading "Boston Wonders If Doctors Will Be Arrested For Homicide In Michael Jackson’s Death" »

While we were all watching the recent episodes of “The Professor And The Officer”, did you know that other arrests were taking place? It would appear that even more violent crimes than disorderly conduct were still being committed around the Boston area and defense attorneys were being assigned or retained to handle them.

Let’s take three teenagers in Stoughton who were arrested early Monday morning for armed robbery for example. They stand accused of allegedly robbing a pizza delivery person at knifepoint.

Two adult youths, Reynold E., 18, (hereinafter, “Defendant 1”) and Jeovanni A., 19, (hereinafter, "Defendant 2") were charged with various counts of conspiracy, assault and battery with dangerous weapon, and armed robbery while masked. A 14-year old female (hereinafter, the “Juvenile”) was also charged with similar counts in the alleged conspiracy.

The purported victims were a female delivery person ( hereinafter, the “Employee”)from Papa John’s Pizza and her boyfriend (hereinafter, the “Boyfriend”). After the alleged robbery and assault, they returned to the shop and called 911 in the early hours of Monday morning.

Continue reading "A Defense Attorney Reviews The Evidence As Youths Are Arrested For Robbery And Assault" »

Investigators are going through the Las Vegas office and residence of Dr. Conrad Murray, Michael Jackson’s personal physician. The search is part of their probe into whether or not criminal charges will be filed in the death of the pop star.

The King of Pop, 50, died on June 25, 2009 from cardiac arrest. Jackson's untimely death not only caught the world by surprise but also caused speculation about the cause of his death. Final autopsy results are expected this week.

The latest searches involving Murray are taking place after a source familiar with the investigation told CNN that the doctor gave Jackson the drug that they believe killed him. The source says that Murray allegedly administered propofol to the singer (also known as Diprivan) just 24 hours before his death.

Assistant Special Agent in Charge Mike Flanagan, a spokesperson for the Drug Enforcement Administration, says the details of the search warrants have been sealed by a judge and cannot be revealed.

Last week, authorities in Texas went through Murray’s storage unit and medical office in Houston searching for evidence related to possible manslaughter. Investigators took Rolodex cards, certain medications, including clonazepam and phentermine, a computer, a couple of hard drives, and numerous documents.

Police have spoken with Murray two times since his death. The doctor’s attorneys, however, are refusing to comment about rumors and statements made by unnamed sources. They say that their client never administered or prescribed any medication to Jackson that would have caused his death.

Murray was the doctor with Jackson when he died. Jackson had hired him as his personal physician and was reportedly paying him $150,000/month.
Police search Jackson doctor's home, office, CNN, July 28, 2009

Michael Jackson's doctor becomes focus of manslaughter probe, LA Times, July 24, 2009

Related Web Resources:
Michael Jackson Dies, TMZ, June 25, 2009

Michael Jackson Funeral

Continue reading "Was Michael Jackson’s Death a Crime? Investigators Search Home of Pop Star’s Personal Physician" »

As we close the lid on this three-part Attorney Sam’s Take posting on Disorderly Conduct, we look at where I come in. Along with other criminal defense attorneys, I stand ready to represent a client facing such charges. When is the best time to contact me? Immediately. In fact, particularly if the police approach is merely signalling an upcoming or ongoing investigation, before you even engage in a discussion with the officer. Unfortunately, in most cases, I am summoned after the confrontation has taken place, sometimes leaving the addition of a Disorderly Conduct charge to whatever issues existed before the confrontation.

First of all, understand that, while it is the police officer who locks one up, or seeks a complaint against you, it is the prosecuting attorney, the assistant district attorney, who carries your prosecution from there. Prosecutors vary in terms of experience, of course, but most are well-trained and have the resources of the Commonwealth behind them for advice, investigation and tactics. Back in that "perfect world" I mentioned yesterday, the prosecutor always follows his or her oath…to “do justice”.

As I also mentioned, this is not that perfect world.

Like the police officer, the prosecutor did not wake up in the morning and engage in a search to find innocent people to keep in jail. Most prosecutors earnestly do their job. However, they have their own biases and these biases usually include a belief that the arresting officer’s word is gold and, if you were arrested, you are guilty. Tempered with those beliefs, of course, is the fear that I have mentioned many times that, if simply released with no attention, you may go out and kill somebody”, thereby landing them and their boss, who sits in a political position, in the papers the next day and, potentially without a job.

Continue reading "Criminal Defense- When A Client Is Charged With Disorderly Conduct" »

As a Boston-area criminal defense attorney who has worked on both sides of the aisle, I have been doing a lot of talking lately about Disorderly Conduct arrests in the Commonwealth. I have been interviewed by media outlets out of state, such as the L.A. Times as well as national outlets such as Time Magazine. In the meantime, the arrest of Professor Gates has been assigned by most to the pile of questionable racial incidents.

To me, however, to write it off as simply a "racial incident" misses the point which is faced by people every day in the criminal justice system. The primary difference between Professor Gates and most other cases is that he is a man of stature who can command national attention. Most people do not. As a result, when they become offensive to a police officer, there is no media pressure causing prosecutors to drop charges or a thick blue line of officers holding press conferences to demand apologizes from local and national public figures.

This is why this blog regularly warns you to avoid confrontations with the police and, if you are being approached, do not to try to engage in a battle of “one upmanship” with the officer, be it physical, strategic or verbal. The bottom line is that you will lose such a match, at least for the day. The officer carries the cuffs…you only get to wear them. The officer has the badge and the gun. Those items will outweigh your brilliant arguments and speedy escape attempts every time.

“But Sam”, you ask me, “What are we supposed to do? Just stand there and take it?”

Continue reading "Attorney Sam’s Take: Arrested In Boston For Disorderly Conduct (Part Two)" »

The other day, I received another one of those calls from a prospective client. He was calling me about a case in which he was scheduled to face criminal charges at Boston Municipal Court the next day. He had not sought an attorney earlier because, until he had spoken to a friend of his, he had thought the charge was “no big deal”.
He was facing felony charges.

The fact is, however, there is really no such thing as “no big deal” when you are facing criminal charges. The crime I most often see the N.B.D. misconception associated with is the charge of “Disorderly Conduct”.

Yes, this is the type of charge that Professor Gates from this week’s headlines faced. People hear of this type of charge and imagine intoxicated people waving an empty bottle of whatever they just consumed, yelling incoherently at passers-by and creating a public nuisance. The image of Otis from the old “Andy Griffith Show” comes to mind.
Yes, that fits, but such a colorful example is not necessary.

Continue reading "Attorney Sam’s Take: Arrested In Boston For Disorderly Conduct – What Does That Mean?" »

Damage control for the Cambridge Police Department in the arrest of renowned Harvard University professor Henry Louis Gates Jr. has begun. The charges against him were dropped yesterday as lawyers for the Department announced that nobody involved in the incident had acted “at their best”.

For those of you who were living in a sound-proof room the past couple of days, police had arrested the African American Professor as he was “breaking in” to his own home because his door would not open. When police came to investigate and demanded identification and explanations, Professor Gates accused them of bothering him because he was black, suggesting that they were being racist. He ended up arrested for on charges of the Disorderly Conduct variety, handcuffed, and brought in. The public reaction began and the Commonwealth dropped the charges against him yesterday, although announcing that somehow the investigating officers actually had “probable cause” to arrest the man who was able to show he was merely entering his own home, provided positive identification yet had the temerity to opine that he was being hassled because of his skin color.

In an interview Tuesday, Professor Gates said the situation "shows our vulnerability to the caprices of individual police officers who for whatever reason are free to arrest you on outrageous charges like disorderly conduct." Mr. Gates called a police report alleging he yelled at an officer and was uncooperative "a work of sheer fantasy."

Continue reading "A Boston-Area Professor Arrested For Disorderly Conduct – Why?" »

Massachusetts criminal charges have been dropped against Harvard Professor Henry Louis Gates, Jr. Gates was arrested on July 16 at his home in Cambridge.

The 58-year-old Harvard professor, who is one of the most prominent African-American scholars in the US, had just returned home from a trip abroad. He was standing outside his home when he motioned to his driver to help him open his front door, which was jammed. A passerby who observed the interaction contacted police to report a possible break-in.

According to the report, Gates was arrested for his allegedly “loud and tumultuous” conduct and taken away in handcuffs. Gates claims that he turned over two forms of ID to the police officer and when he asked the cop to provide his name and badge number, the police officer refused. Disorderly conduct charges were filed against the Harvard professor.

The arrest sparked an outcry among those who believe that Gates's arrest involved racial profiling. A number of his colleagues say that this type of profiling is not uncommon in Cambridge.

In 2004, Allen Counter, a neuroscience professor at Harvard said two campus police officers apprehended him after mistaking him for a robbery suspect. They threatened to arrest him when he was unable to produce identification.

Reverend Al Sharpton says the incident involving Professor Gates is an example of abuse of police power.

Racial Profiling
Racial profiling involves law enforcement officers using race as their basis of suspecting someone of having committed a particular crime.

Gates lashes out after authorities agree to drop criminal charge, Boston.com, July 21, 2009

Prominent Black Scholar Henry Louis Gates, Jr. Sees Charges Dropped, ABC News, July 21, 2009

Profiling Charge In Black Scholar's Arrest, CBS News, July 21, 2009

Related Web Resources:
Henry Louis Gates, Jr., Harvard.edu

Racial Profiling, Amnesty International

Police Department, City of Cambridge

Continue reading "Racial Profiling?: Middlesex District Attorney Drops Massachusetts Criminal Charges Against Harvard Professor Henry Louis Gates Jr." »

Today’s posting of the daily Boston Criminal Lawyer’s Blog takes us back in history. It is a history remembered, however, kept alive by Fall River’s Herald a day or so ago. Actually, in reprinting the article online, they even provided a You Tube video tape of the Fall River Public Library’s presentation of the story to the Fall River History Club introducing the story about the “bad family” involved.

The story fits with this week’s motif of alcohol and crime, so I figured I would treat you to a some Massachusetts history. No extra charge.

The elements of the event could well have been taken from newspaper heading of today. They included a teenager under the influence of a controlled substance, a robbery and a shotgun blast to the face.

The deceased was John Bullock. The year was June 19, 1862. The place was Freetown..

Obed Reynolds was the 17 year old lad (hereinafter, the “Defendant”) who apparently pulled the trigger. He was drunk on not only liquor, but gunpowder. No, not in the figurative sense such as in “he is drunk with power”. Reynolds was actually intoxicated on a concoction of alcohol and gunpowder. He told investigators that the combination helped to give him courage.

Continue reading "South Of Boston: A Tale Of Alcohol, Murder And Robbery From Days Gone By" »

Ahhh…summer! Time for hitting the beaches, cookouts and, as I have said before, Jimmy Buffett tunes. Today, I am reminded of another of Buffett’s songs, namely “Boat Drinks”. Maybe it is because I am dropping off my son at a boat this morning, but more likely it is because I am reminded about a crime that few people are arrested for although we know it happens a great deal. It is one area in Boston-area criminal defense one does not find many specialists.

The crime is boating while intoxicated.

For many, alcohol is as much a part of boating culture as sunscreen and fun. But in Massachusetts, where more than 140,000 recreational boaters cruise the waterways, intoxicated skippers are rarely arrested. For example, last year, boating under the influence charges were brought against just six people.

This is apparently not the same nationwide. For example, last year, Indiana had 121 such arrests. Missouri boasts 17 such arrests at on-the-water sobriety checkpoints in just one weekend.

Continue reading "Arrests For Drunk Driving On The Water Dwindle – Why Would That Be?" »

The website Boston.Com has a story that is probably meant to give us a feeling of justice. It concerns one Kenneth Waters. Mr. Waters spent more than 18 years in prison after being convicted of murder. There, he passed through all of the “safeguards” that we have put in place, namely appeals, as the world around him passed him by. Finally, he got DNA that was at the scene tested. Between that and other newly discovered evidence, he was exonerated. The town of Ayer, who had brought the charges and investigated the crime in the first place had now agreed to pay $3.4 million to settle the civil rights lawsuit on Mr. Water’s behalf, Attorney Barry Scheck of the Innocence Project announced yesterday.

Of course, it is not likely to do Mr. Waters too much good; he is dead.

The lawsuit was filed by Mr. Water’s estate. The investigation which finally led to the truth in the murder for which Mr. Waters was convicted was not conducted by the town, state or even federal authorities.

It was led by his sister who, after he brother, in whom she believed, was wrongfully convicted, went to law school, and became a lawyer and started the “good fight” of freeing her brother.

Continue reading "Attorney Sam’s Take: Wrongfully Convicted In Massachusetts? Reality Check In Murder And Assault Cases" »

In Massachusetts, 49-year-old Abington resident Michael McGunigle is now charged with manslaughter over the death of another Abington man. McGunigle, 48, is accused of punching Brian Cherry on July 6 during an argument.

The altercation between the two Abington men allegedly occurred after Cherry asked McGunigle to restrain his dog. McGunigle's pet was barking, jumping at people, and scaring some of kids.

Cherry, who was knocked off his feet by the alleged punch, landed on the pavement. His head struck the ground and he sustained traumatic brain injuries. He died on Sunday.

McGunigle had initially been charged with aggravated assault over the incident. He pleaded not guilty and was out on $3,000 bail. After an autopsy was conducted on Cherry’s body, however, the Plymouth district attorney’s office changed the criminal charge to manslaughter. They are calling Cherry’s death a homicide because his cause of death was injury due to blunt force trauma.

Today, McGunigle turned himself in. At his arraignment in Brockton District Court, the Abington man was ordered held on $50,000 bail.

McGunigle maintains that Cherry was the aggressor.

A Massachusetts criminal charge for manslaughter is a serious offense that could lead to years behind bars if you are convicted. It can be especially tough to receive the fair trial that you are entitled to if the court of public opinion is against you. For instance, the media may portray you in an unflattering light or tell the story about your case in such a way that you appear to be guilty even if you haven’t been convicted in a court of law.

A good Boston criminal defense law firm will know how to navigate through the obstacles that can get in the way of you getting the fair treatment that you deserve under Massachusetts law.

Fight over barking dog leads to upgraded manslaughter charge, Boston.com, July 15, 2009

Wife: Man In Coma After Dispute Over Dog, WCVB TV, July 9, 2009

Related Web Resource:
Manslaughter, The General Laws of Massachusetts

Continue reading "Abington Man Accused of Aggravated Assault in Barking Dog Incident Now Charged with Manslaughter" »

Hey, remember the old days when a person actually did not have to talk to the police if he did not want to? Those were the days when we had the right to remain silent and…wait a minute. That’s today. So, now I am confused. Why is someone in the Boston area in need of a criminal defense attorney because of his dealings with the police?

I mean, if you can refuse to talk to the police officers, you can lie alittle to protect yourself, can’t you? After all, the law is clear that the police are allowed to lie to non-police types. Fair is fair, right?

Uhh….no. Actually, that would be a felony.

It is a lesson that a co-owner of a Boston nightclub, Shawn D. 29, of Billerica (hereinafter, the “Defendant”) is learning. He has been indicted for allegedly destroying evidence and lying to Boston police as they investigated a shooting outside his nightclub on New Year’s Day.

Continue reading "Boston Nightclub Owner Is Arrested For “Intimidating” The Police In Shooting Case" »

To me, summer is best symbolized by the recording artist, Jimmy Buffett. In fact, one of my favorite songs of his is “Weather Is Here, Wish You Were Beautiful”. Summer is a season that is short-lived here in the Boston area. If one counted how many really nice days we usually get,…well, it is kind of depressing. We all know that the weather can effect moods. However, did you know that it can also control the need for criminal defense attorneys?

Southwick Police Officer Tom Krutka says he sees an increase during this time of year of a particular crime. He says that outdoor barbecues and holiday parties often involve alcohol. After the parties, folks hit the road…which often means operating under the influence of alcohol. He even sees a difference depending on the weather. Nicer weather…more drunk drivers.

Officer Krutka warns that “buzzed driving” is enough to get someone in trouble. Even one or two drinks, depending on the person, can get you arrested. “That’s just the beginning”, he continues. “If it turns out to be an accident, you effect the person you hit, the family the community, your family your life, financial burden it goes a long way."

Well, he is right, of course. Drunk driving, and any resulting arrests, can ruin the lives of a lot of people.

Continue reading "Arrested For Homicide Or Drunk Driving? You Should Have Checked The Weather" »

Kristen LaBrie, a 37-year-old Salem mother, has pleaded not guilty to the attempted murder of her son. LaBrie is accused of withholding her son’s cancer treatment before his death. Jeremy, 9, was autistic.

In October 2006, Jeremy was diagnosed with non-Hodgkins lymphoma. Doctors gave him an 85-90% chance of recovery. Following chemotherapy treatment, his cancer went into remission.

Prosecutors are accusing LaBrie of child endangerment, permitting substantial bodily injury to a child, and permitting serious bodily injury to a disabled person. They claim that LaBrie did not fill her son’s prescriptions for months, allowed him to miss doctors appointments, and never asked staffers at Massachusetts General Hospital for help.

After the boy’s cancer returned, Fraser, who was given custody of Jeremy, placed him in a hospice. The boy died last March.

LaBrie’s Massachusetts criminal defense lawyer says that the 37-year-old mother is a victim in this case because Jeremy’s father, Eric Fraser, abandoned the boy with his mother. From 2006 to 2008, LaBrie was the only one responsible for taking care of their son. Fraser was given custody of Jeremy in 2008.

LaBrie says that she and her son fought his illness together. She says the true story of what happened will emerge in court.

If convicted, LaBrie could face up to 40 years in prison.

Child Endangerment
Under Massachusetts law, the crime of child endangerment involves the reckless or wanton conduct that causes risk of serious injury to someone under age 18. Serious bodily injury may involve permanent disfigurement, impairment of a bodily function, organ, or limb, or substantial risk of death.

If you have been accused of endangering a child in Massachusetts, it is important that the criminal defense team that you hire knows how to defend you against this charge. This is a serious criminal offense.

Salem mother pleads not guilty to withholding son's cancer treatment, Boston.com, July 6, 2009

Mom denies withholding son's medications, MSNBC, July 6, 2009

Related Web Resource:
The General Laws of Massachusetts

Continue reading "Salem, Massachusetts Mother Pleads Not Guilty to Attempted Murder of Son " »

Two scenarios. In the first one, you are on the streets of Boston when you are placed under arrest. The police bring you to court in due time. As you get out of the transport, there is a crowd of people outside yelling questions. You do not see them too well because you have to keep diverting your eyes from all the flashbulbs. In the second scenario, you have heard the rumblings of an investigation amid your colleagues; you seem to be its target. Everybody is treating you differently. You are scared, although you smartly have already hired an experienced criminal defense attorney. You feel that your rights are being violated every day and you have had it. You call your lawyer and tell her that you want to expose all this unfairness to the media. She says, “Not yet”.

These two scenarios are not far-fetched and they could happen anywhere at virtually any time. Both are scenarios my clients have faced. The scenes are harbingers of what is to come. Their message is, “You are about to witness, first hand, how Justice changes when the media circus roams into the criminal justice tents.”

Unless someone involved is already a celebrity, this will happen most often in cases involving homicide or sexual assault. If you are a celebrity, such as the late Michael Jackson, you simply have to be involved. When Michael was charged with, and then on trial for, a sexual assault, it was basically the number one news story. This week, as he was laid to rest, Michael was on top of the headlines again, albeit in another criminal justice role. Now, there is question of whether he was the victim of some kind of homicide.

Continue reading "Boston’s Attorney Sam’s Take Reviews Arrest And Prosecution In High Profile Matters…Other Than Michael Jackson Suspicious Death" »

Aiden Quinn, the 24-year-old Green Line train operator who was text messaging his girlfriend when the train he was operating rear-ended another trolley has been indicted on a negligence charge. Three trolley cars were destroyed in the May 2009 Boston train accident that resulted in $9 million in damages. 62 people were injured.

According to investigators, Quinn was texting on his cell phone and not look at the track when he ran a yellow light and then a red light before striking another train. While none of the Massachusetts train accident injuries were fatal, one woman with a broken pelvis may never be able to walk again, and a teenager who broke her vertebrae sustained a concussion. The negligence charge he was indicted for comes with a maximum three-year prison sentence.

In another Massachusetts case involving a serious car accident, 21-year-old Falmouth resident Jonathan Muir has been charged with motor vehicle homicide while operating under the influence of alcohol, serious bodily injury while under the influence of alcohol, failure to stay within marked lanes, operating negligently so as to endanger, and speeding. He is accused of losing control of his Porsche at around 1:30 am on June 29.

Cassandra Flynn-Rakos, 21, died in the Bourne car accident. Muir and passengers Erica Pouler and Sonya Dangelo sustained injuries. Muir's Massachusetts’s driver’s license was revoked after the deadly crash.

Massachusetts police are also charging 93-year-old Louis Vesprini with negligent operation of a motor vehicle. The Peabody man is the motorist who drove his car into a Wal-Mart last month, injuring 6 people, including a 1-year–old. If convicted, he could be sentenced to up to two years in jail.

Vesprini accidentally stepped on the gas pedal instead of the brake.

If you face criminal charges for your alleged involvement in a Massachusetts motor vehicle crash, it is important that you do not try to combat the charges without the support of an experienced Boston criminal defense team.

Driver charged in fatal Bourne crash, Boston.com, July 9, 2009

Elderly Driver Cited In Wal-Mart Crash, WBZTV, July 8, 2009

Green Line MBTA driver indicted in May crash, PatriotLedger.com, July 9, 2009

Related Web Resources:
Boston to bar texting while driving in city-owned vehicles, Boston.com, June 25, 2009

Massachusetts Law About Drunk Driving, Massachusetts Trial Court Law Libraries

This is the week of media, Michael Jackson and criminal justice. And the (usually) daily Boston Criminal Lawyer Blog is following those fine traditions today.

Remember back to Michael's trial? Remember how he came late to court a few times and the judge got mad and ordered him in one morning? As I recall, he showed up in his pajamas. Well, I will be wearing a suit, but because I have to run off earlier than expected, I am afraid that today's blog which is the weekly "Attorney Sam's Take" is going to have to be delayed one day.

On television, they would call this a "cliffhanger".

Here, I will just call it a delay and promise you it will be up tomorrow morning.

Thanks for your patience.

I have to confess a personal interest in Michael Jackson. First of all, I think he was immensely talented and, frankly lead a pretty tragic life in many ways. Second, his trial was the lead story when I was a regular contributor on FoxTV’s “Studio B”, as well as other such shows, years ago. By the way, yes, those are some of the clips that appear in the compilation video on my profile in the website. Today, the Boston Criminal Lawyer Blog revisits the Michael Jackson story as it shares a new chapter with the criminal justice system.

Yesterday, Mr. Jackson was laid to rest. However, the criminal justice turmoil that defined a great deal of his later years continues. Now, of course, he is not the "defendant" Now he is the “victim”. No, I am not talking about the manipulation and hypocrisy that so many are exhibiting regarding the claiming of his fame or even the battle over his possessions and children. I am referring to the question of homicide.

You see, drugs have been linked to Mr. Jackson’s death. The questions have been who gave him the drugs, why they gave him the drugs and by what authority they gave him the drugs.

Continue reading "Boston Watches As The Investigation Of Michael Jackson’s Death Continues And Homicide Is Likely Suspected" »

Good morning.

Unfortunately, between a loss of electricity last evening and my courtroom responsibilities this morning, I am unable to post today's real edition of the, otherwise, daily Boston Cri8minal Lawyer Blog.

However...

You may wish to observe news of the Michael Jackson funeral and investigation today as it will be the subject matter of tomorrow's posting. As many of you know, I used to be a regular contributor to Fox News Channel's Studio "B" during the Michael Jackson trial a number of years ago.

So yes, I have an interest in the subject matter. But, no, not an obsession.

The Michael Jackson situation provides good examples in criminal law issues about which we have been discussing.

"How"?", you ask.

"See you tomorrow", I answer.

I've regretted at times that I never had a brother. I’ll bet that summertime can be great fun for two brothers. The weather is nicer, there is no school, and the possibilities seem endless. Of course, for some brothers, perhaps the “endless” part can be a bit of a problem. Let’s take two brothers from the south of Boston city of Brockton. It would seem that, armed with their own attorney, they are about to share something new…court dates.

You see, John S., 19, and Jose A, 32, of Brockton (hereinafter, the “Defendants”), are now suspects of at least two armed robberies in their home city according to the police. The Defendants were arrested last Thursday.

The younger brother is suspected of robbing a deliveryman from Five Star Pizza with another man at gunpoint. In that event, the deliveryman was allegedly lured to an abandoned house with a fake order and then robbed. As we discussed last Thursday, ironically, a robbery combines the elements of larceny and, physical force…usually with an assault. In this case, the charge would be, at least, assault with a dangerous weapon, to wit: the gun. At any rate, the young man was spotted at a Burger King at the Brockton Fair Thursday night at around 9:00pm due to a photo identification which had taken place earlier. He was arrested for the armed robbery, conspiracy to commit a crime, assault and battery with a dangerous weapon (the gun) and larceny from a person.

Earlier that day, at around 6:30 p.m., officer William Carpenter arrested the elder brother in connection with a mugging at knife-point that had occurred June 25 at 12:45 a.m. on Denton Street.

Continue reading "South Of Boston Armed Robbery Suspects Are Arrested In Continuing Investigation By The Police" »

A federal judge overturned the jury conviction of Lori Drew on three misdemeanor counts of accessing protected computers without authorization. The 49-year-old woman is accused of using MySpace to send Megan Meier, a teenage girl, derogatory messages. The 13-year-old would later commit suicide.

Drew was supposed to receive her sentencing for the cyber crime this week, but California U.S. District Judge George Wu said he was not upholding the jury’s decision. He is challenging the federal computer crime statute that the prosecutors used when making their case against Drew. They contended that she violated MySpace’s terms of service that prohibited 1) the creation of bogus registration information, 2) the use of accounts to get personal information about juvenile members, and 3) the abuse, harassment, or harm of other members.

A spokesperson for the US attorney’s office in Los Angeles said that the judge is concerned that Drew’s guilty verdict would allow for anyone that violated the social networking site’s terms of service to be found guilty of a misdemeanor cyber crime.

Experts had called the jury’s 2008 verdict against Drew the first cyber-bully verdict. Testimony during her criminal trial revealed that Drew, her daughter Sarah, and family friend Ashley Grills created a bogus MySpace account to send messages to Meier. The “sender” was a fictitious boy named “Josh Evans.” Josh flirted with Meier, made friends with her, and then abandoned her, telling her that the world would be better if she wasn’t in it. Meier, who had a history suicidal impulses and depression, hanged herself in October 2006.

Drew was never charged with Meier’s murder. She was also acquitted of felony charges related to the cyberbullying case. Her criminal defense lawyers contend that although Drew new about the bogus account, she did not know about the mean messages that were sent to Meier.

As our cyber world continues to expand, people are being charged with crimes related to this high tech arena. You need the help of an experienced Boston cyber crimes law firm that knows how to provide you with the best defense.

Lori Drew MySpace Suicide Hoax Conviction Thrown Out, ABC News, July 2, 2009

U.S. woman convicted in MySpace suicide case, NY Times, October 27, 2008

Related Web Resources:
MySpace

Cyber Crimes, US Doj.gov

Cyberbullying

Continue reading "Judge Overturns MySpace Suicide Conviction " »

In days of old, if there was a financial dispute, one might expect to be sued by whoever claimed you took, or owed, money. Well, that can still happen. However, one should also be wary of being criminally charged with the crime of larceny… in one way or another.

“Larceny” is basically another word for “theft” under the Massachusetts General Laws. According to Chapter 266of such laws, anyone “ Who steals, or with intent to defraud obtains by a false pretence, or whoever unlawfully, and with intent to steal or embezzle, converts, or secretes with intent to convert, the property of another… whether such property is or is not in his possession at the time of such conversion or secreting, shall be guilty of larceny”.

Sounds pretty simple, doesn’t it?

Well, not so much.

Actually, there are varying degrees of larceny. While larceny seems to simply be what we call in the outside world, “stealing”, how it was done and how much was stolen come under different sub-headings in the law and are treated differently.

Continue reading "A Boston Criminal Defense Lawyer Discusses The Crime Of Larceny" »

Remember when you were young and parents, teachers and clergy kept insisting upon the benefits of sharing? Well, Investigators in Western Massachusetts have recently learned those benefits first-hand. As a result of sharing information with other police departments, West Stockbridge law enforcement believe they have stopped a spree of burglaries and larcenies. Of course, the other passenger on this sharing train is the gentleman they arrested; he gets a lawyer.

Timothy W., 40, of Great Barrington (hereinafter, the “Defendant”) is that gentleman. He was arrested Thursday and arraigned in Pittsfield Superior Court on Friday. At that time, he was merely being charged with the break-in and theft at Rouge, a restaurant on West Center Road in West Stockbridge. However, law enforcement now believe that Rouge was one of a number of late-night break-ins which took place in the town last week.

Counting the eatery, there were allegedly six buildings broken into late night Wednesday or early Thursday morning, including three restaurants, a gift shop, a real estate agency and a vacant home.

Unheard of? Apparently not.

Continue reading "Metro West Man Arrested For Breaking And Entering And Larceny Due To Interstate Investigation" »