Samuel Goldberg has been a Massachusetts criminal defense attorney for 20 years. Prior to that, he was a New York state prosecutor. He has published various articles regarding the practice of criminal law and frequently provides legal analysis on radio and television, appearing on outlets such as the Fox News Channel, Court TV, MSNBC and The BBC Network.
To speak to Sam about a criminal matter call 617-492-3000.

October 31, 2009

Attorney Sam’s Halloween Take: Tales Of Sex Crimes, Death And Salvation

As I write this year’s Halloween Attorney Sam's Take, I know that goblins, vampires and politicians are roaming around outside circling the streets of Salem, Boston and environs. Of course, as I've noted several times, that is not terribly new; it has been going on since October 1st! I had thought of dressing up in costume tonight to scare people as well. Then, I realized that it would be redundant…I’m a lawyer. People already avoid us like the plague.

Last year, I wrote a Halloween blog about the question of witch hunts. We entertained the question of whether or not they were really a thing of the past. We came to the conclusion that they were not. Only the names and faces of the targets have changed.

I don't see any reason to believe that this has changed much over the year. I do think, however, that we have been provided with a good example of how today’s “witches” can finally redeem themselves.

As I was growing up, and then again later when I was in law school, the late Michael Jackson was a beloved superstar. His talents, whether with his brothers or without them, were many and his following was enormous. There have been many public figures in our history who caught our hearts, became beloved and then, finally, were reviled. Granted, Michael seemed to lead the charge in his own publicity downfall. But he did follow the same familiar path. After ensuring himself legendary status, releasing the albums Thriller and Bad, his behavior seemed to become more and more…unusual. As he continued to release masterpieces we heard tales of bidding on the remains of the Elephant Man, sleeping in an oxygen tank and bleaching his skin. Then there was Neverland, kids and sleep-overs. Soon enough, there were blackmail threats and, finally, the criminal prosecution for sex crimes against children. Those of us who were not convinced of his guilt had to admit that simply labeling Michael as “strange” was like calling Hell "tepid"

Continue reading "Attorney Sam’s Halloween Take: Tales Of Sex Crimes, Death And Salvation" »

October 30, 2009

Tales Of Guns, Drugs And Mayhem Are Delayed Until Holiday

The Boston Criminal Lawyer Blog's weekly Atty Sam's Take is unfortunately delayed for one day because of his court schedule. That's the trick.

The treat? The Special Halloween posting will be posted tomorrow, Saturday, on Halloween Day.

More fitting that way anyway.

Until then, have a good, safe and law-abiding weekend!

October 29, 2009

Four Teenagers Arraigned in Alleged Gang Rape of 15-Year-Old Girl

Four teens were arraigned yesterday in connection with the alleged gang rape of a 15-year-old girl on her high school campus:


• Cody Ray Smith, 15, pleaded not guilty to rape by force and rape with a foreign object.

• Ari Abdallah Morales, 16, did not enter a plea.

• Marcelles James Peter, 17, did not enter a plea.

• Manuel Ortega, 19, did not enter a plea.

The four teenagers are charged as adults. Another person, an adult, has also been arrested. His arraignment will take place on another day.

Smith, Peter, and Morales wore bulletproof vests at the hearing. The four teenagers are accused of participating in a 2 ½ hour gang rape of the victim on Saturday outside a Richmond, California high school.

Police claim that up to 10 people sexually assaulted the young girl, while 10 other people watched. None of them contacted 911. According to a 1999 state law, not reporting a crime that one has witnessed is only illegal if the victim is younger than 15. This means that police do not have the authority to arrest the people who were watching the assailants who raped the girl.

The victim, who was in critical condition following the assault, was released from the hospital yesterday. Police found her under a bench and unconscious after they responded to a 911 call from someone who heard people who were allegedly at the rape scene talking about what they’d witnessed.

Massachusetts Rape Crimes
Allegations of rape are very serious—especially when there are multiple parties involved. It is important that you retain the services of an experienced Boston criminal defense lawyer who can look through all the evidence and provide you with the best defense possible.

Police have been known to arrest the wrong person or get their facts wrong. Evidence may have been tampered with or a suspect’s rights may have been violated during the arrest.


4 arraigned in California gang rape case, CNN, October 29, 2009

No one called cops during gang rape, but some took pictures, ABC, October 27, 2009


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

Juvenile Crimes in Massachusetts (PDF)

Continue reading "Four Teenagers Arraigned in Alleged Gang Rape of 15-Year-Old Girl" »

October 29, 2009

Boston Area Psychic Is Arrested For Theft And Fraud

Today, the news comes from just outside of Boston. It is a white collar fraud case that graces our blog and signals the need for a criminal defense attorney. Actually, to avoid conflict of interest problems…make that two defense attorneys.

The complainant hails from Cambridge and she alleges that she was scammed out of thousands of dollars by Kathy Y., 48 of Medford (hereinafter, the “Defendant”). As a result, both the Defendant and a 17 year old, allegedly her daughter, were arrested on October 21st and are now charged with larceny over $250 and conspiracy. Larceny over $250 is a felony charge.

The actual complainant was brought to the attention of law enforcement by her mother who explained that her daughter, 28, (hereinafter, the “Complainant”) suffers from a severe mental disability that prevents her from being able to work or provide for herself. She said her daughter was duped out of about $6,000 from a woman claiming to be a psychic. The psychic was later identified as the Defendant.

According to law enforcement, the Complainant had been approached by the Defendant, who had claimed to be a psychic named “Theresa” who read the Complainant’s palm for $25 in Porter Square. After the palm reading, the two exchanged phone numbers. Later that evening, the Defendant is said to have called the Complainant and offered to help her love life for $1,000 up front. When the Complainant explained that she did not know how to get the money from the bank, the Defendant graciously guided her in the effort. A few days later, the Complainant got the money and the two agreed to meet. When they met, the Defendant had another woman with her, who turned out to be the above-referenced 17 year old.

Continue reading "Boston Area Psychic Is Arrested For Theft And Fraud" »

October 28, 2009

Massachusetts Warrant Leads To Arrest Of Murder Suspect

Felix G., 30, of Worcester (hereinafter, the “Defendant”) is no longer running from the law. That chase ended yesterday in New Jersey as law enforcement caught up with him and now prepare to bring him back to the Boston area, where he will be needing a very good criminal defense attorney.

Authorities say that he was hiding at a relative’s apartment. He was hiding from a fugitive from justice charge. In other words, there was an outstanding warrant for his arrest from which he had fled. Perhaps that family member would have been more reluctant to house him if it had been known why the Defendant was hiding.

According to the Commonwealth, the Defendant and a roommate had been watching a soccer game and drinking beer on Sunday night. Then they began arguing about the game. Then, the Defendant decided to have the final word by shooting his roommate repeatedly in the back, killing him.

Apparently, the Defendant’s first attempt to flee did not include another state. He was found Monday morning drunk in a hotel lobby. However, the warrant for his arrest for the murder had not yet been issued, so he was released by the police who disturbed his slumber to bring him into custody.

Continue reading "Massachusetts Warrant Leads To Arrest Of Murder Suspect " »

October 28, 2009

Bourne Deputy Fire Chief Pleads Not Guilty to Massachusetts Rape Charges

At his arraignment last week in Falmouth District Court, Bourne Deputy Fire Chief Paul Weeks pleaded not guilty to one charge of oral rape and two charges of rape. Court documents indicate that the alleged rape occurred on October 20 and that Weeks was under the influence of alcohol at the time.

The Bourne deputy fire chief was released on his own recognizance after the hearing. Weeks’s criminal defense lawyer told the Cape Cod Times that his client is innocent.

In another Bourne rape case, Plymouth resident Stephen Clifford pleaded guilty to raping a North Sagamore woman last year. The woman was sexually assaulted and bound with duck tape. Clifford is sentenced to 9 – 12 years in prison.

Massachusetts rape charges can be hard to beat without the help of an experienced Boston criminal defense lawyer representing you. There may be evidence in your favor that hasn’t been looked at or the suspect’s side of the story may have gotten lost in the shuffle during the police investigation. Police may even have arrested the wrong person. A good Massachusetts criminal defense law firm can make sure that you get the best defense possible so that you obtain the best outcome for your case.

On Friday, David Flavell, a registered Level 3 sex offender, was charged with sexual assault. The victim is a 27-year-old hospital worker. Flavell allegedly assaulted her in the bathroom located in Massachusetts General Hospital’s lobby.

Flavell, however, says he had been drinking at the time and does not remember the crime happening. He was arraigned in Boston on charges of Massachusetts assault and battery by means of a dangerous weapon and assault with intent to rape.

Plymouth man admits to Bourne rape, Cape Cod Times, October 26, 2009

Bourne deputy fire chief in charged with rape, Boston Herald, October 22, 2009


Related Web Resources:
Massachusetts Law about Rape and Sexual Assault

Sex Offender Registry Board, Commonwealth of Massachusetts

October 27, 2009

Drunk Driving Accident Leaves Two Suspects Needing Lawyers

It's holiday time again!. This weekend is Halloween, as I am reminded every day when I try to drive through downtown Salem. As is usually the case, around Boston and environs, law enforcement is particularly aware about drunk drivers. One very recent case, however, did not really take all that much detection. By the time it was over, there were two Pittsfield women needing criminal defense attorneys come yesterday.

Victoria D., 22, and Felicia M., 21 (hereinafter collectively, the “Defendants”) were in a car Saturday. The car ended up crashing into a house on Route 9 in Schodack at about 5:00 a.m. According to the police, the accident caused “substantial damage”.

The Defendants were then transported to Albany Medical Center Hospital.

As the police came to investigate, they say they discovered that both women had been drinking alcohol. The Defendants also gave conflicting accounts as to which one was driving at the time the car careened into the house.

Continue reading "Drunk Driving Accident Leaves Two Suspects Needing Lawyers" »

October 26, 2009

Celebrity Suspect Is Arrested North Of Boston In Drug Sting

Welcome to the year 2009, more than twenty years after 1984, which was the title of a famous book by George Orwell. The book depicted a society where “Big Brother”, the government, was always watching. Ironically, while the show “Big Brother” was not the downfall of Adam J., a 31-year-old PR executive, (hereinafter, the “Defendant”), the government was. It was about a week ago, while in Massachusetts, that he developed the need for a defense attorney.

Big Brother is a CBS reality show that films contestants 24 hours, 7 days a week and makes them evict fellow houseguests one by one for a chance to win the big prize. The Defendant won the money in April 2008. He may not have been evicted then, but he risks being convicted now.

The charge? He is charged with, and has purportedly admitted to, trying to sell 2,000 oxycondone pills to a government informant. He is also said to have admitted that he used his $500,000 Big Brother prize money to purchase the drugs, which he distributed along the east coast for months.

Continue reading "Celebrity Suspect Is Arrested North Of Boston In Drug Sting" »

October 22, 2009

North of Boston Prostitute Faces Felony Charges And Years In Prison

In the north of Boston city of Salem, this is considered a very scary month. All kinds of horrors are building up toward the holiday of Halloween. There are goblins, vampires, ghosts and the like. It is not all fun and games, though. Police must be ever-watchful for the true monsters that plague many cities and prey on its residents. Fortunately, the police department in Salem are always up to the task. The threat to civilization about which I speak, of course, is the prostitute. And now, the good folks of Salem, famous for its past witchtrials, can sleep alittle more soundly now that one woman's operation has been closed down and her liberty put into the hands of a criminal defense attorney.

Lisa A., 46, of Salem (hereinafter, the “Defendant”) is that alleged scurge.

You see, the Defendant was arrested following a sting by Salem police. By brilliantly cruising the internet, they found the Defendant’s website which contained photos in various poses and offered customers "the complete girlfriend experience," with packages that cost up to $3,000 for a weekend. She was also, according to police and the Web site, offering a "recession special," knocking $100 off her regular $300-an-hour rate.

Ever mindful of their duty to keep the city streets safe, if not save money for the Commonwealth, they took action.

Continue reading "North of Boston Prostitute Faces Felony Charges And Years In Prison" »

October 21, 2009

Drunk Driving Case Ignites Legal Fight On Search And Seizure

The issue of Search and Seizure is in the news again today. While the case itself is not based in Boston, it is of interest to lawyers, police officials and drivers anywhere. Why? Because it involves the United States Supreme Court, which seems split on the subject.

The case actually hails from Virginia and the conviction of Joseph A.M.H.,Jr (hereinafter, the “Defendant”) for drunk driving. It seems that the Defendant was pulled over by the police before they saw him break any traffic laws. That conviction has been overturned on appeal by Virginia’s Supreme Court.

And that is the issue. Did the police have the right to pull over the Defendant before they saw him commit any crimes?

Continue reading "Drunk Driving Case Ignites Legal Fight On Search And Seizure" »

October 20, 2009

Convicted Of Drug Charges, Boston-Area Woman Escapes Jail

A Boston-area woman has now made her situation worse and her attorney’s job a lot more difficult.

Laura D., 23, (hereinafter, the “Defendant”) of Everett was being held in The Women in Transition program, a prerelease facility that provides help to 24 women who have committed nonviolent offenses and have drug and alcohol addictions. Unfortunately, she did not stay there. Instead, she escaped by jumping out the window.

Apparently, though, her freedom was short-lived.

According to Essex County Sheriff's Department spokesman Paul Fleming, "At about 11:20 [October 16th] morning it was noticed that she was missing from Women In Transition," Fleming said. "She was re-apprehended at about noontime in a cab heading south on Interstate 95, not far from the Route 1 exit. She was sent back to MCI-Framingham. She's violated the opportunity to rehabilitate herself through the Women In Transition program."

The Defendant had arrived at the program just days earlier from MCI-Framingham, where she had been serving a six-month sentence for possession of class B and class E substances. Had she not attempted to escape, her parole eligibility date would have been December 3rd, Fleming said. If she served her out her full six-month sentence, she would have been released on March 22nd.

And now?

Continue reading "Convicted Of Drug Charges, Boston-Area Woman Escapes Jail" »

October 19, 2009

Balloon boy family’s criminal defense lawyer reminds public his clients are innocent until proven guilty

Last week, the nation watched on TV and worried along with the parents of 6-year-old Falcon Heene that the young boy may have floated off in a flying-saucer-like contraption constructed by his father. The escapade was supposed to have reached a happy ending when Falcon was discovered hiding in a box in his home and did not, as some had feared after the runaway balloon landed without him in it, fall to the ground and get hurt.

Following the bizarre incident, the family was barraged by media outlets wanting to interview Richard and Mayumi Heene and their three children. The scrutiny got more intense after young Falcon, when asked on CNN’s Larry King Live why he didn’t respond when he heard his parents calling for him, replied “You guys said we did this for the show.”

The Heenes have explained that Falcon, who is just 6, was confused. He also appears to not have been feeling well considering that the next day he vomited on national television.

Now, police are saying that the Heenes staged the whole misadventure and that criminal charges are likely. Authorities claim they told the media on Friday that they didn’t think the balloon boy story was a hoax because they wanted to maintain the couple’s trust. They called this their “game plan” to find out the truth.

Investigators interviewed Mayumi and Richard, administered polygraph tests, and then looked through their home for phone records, computer records, video footage, and other possible evidence.

Yesterday, the sheriff said possible criminal charges against the couple may include conspiracy, attempting to influence a public servant, contributing to the delinquency of a minor, and filing a false police report. He claims the family staged the hoax in order to promote themselves for a reality TV program. The family has already appeared on ABC's Wife Swap.

The Heene’s criminal defense lawyer has issued a reminder that no charges have yet to be filed against his clients. He noted that just because the sheriff announced that the couple was guilty of hoax does not mean that they actually did anything wrong.

Our Boston criminal defense lawyers believe that anyone accused of committing a crime is entitled to the best defense. Just because you are accused of committing a crime does not mean that you are guilty.

Lawyer: Family in balloon incident 'under siege,' USA Today, October 19, 2009

Balloon boy family feels 'under siege,' lawyer says, CNN, October 19, 2009

Related Web Resources:
Timeline Of Balloon Boy Events, The Denver Channel

Wife Swap

Continue reading "Balloon boy family’s criminal defense lawyer reminds public his clients are innocent until proven guilty" »

October 16, 2009

Attorney Sam’s Take: Under Arrest In Boston - Are You Likely To Make Bail?

As you might assume, I hear many complaints about the criminal justice system while fighting for clients'rights and freedom in the Boston area. Many feel they are being investigated or charged unfairly by prosecuting attorneys. Some feel like the system is too slow. Others feel the unfairness of what I have referred to as the “assumption of guilt” while they are presumed to be innocent.

I have ready answers for most of these complaints. I might not like them any more than my clients do, but I have the answers.

There is one criminal justice issue, however, to which there is no ready answer. It is the issue of unequal justice.

Let me give you an example. Backagain Barney has a long criminal record. He has been in and out of jail and probation for most of his adult life. Now, he is gracing the Boston Municipal Court with a new assault and battery charge. They say he got into a fight at the Boston Common with a stranger. He won the fight as well as overnight Commonwealth housing.

Just as Barney is facing the court at arraignment, Nick Nevershouldaproposed is facing arraignment in Lynn District Court. He, too, is charged with assault and battery. His case, however, involves his wife. He is accused of slapping her during an argument and threatening, in mid argument, “You make me so mad, I could kill you”. It is his second criminal matter. His first, about nine years ago, was for drunk driving.

Who do you think is the most likely to be released pending trial?

Continue reading "Attorney Sam’s Take: Under Arrest In Boston - Are You Likely To Make Bail?" »

October 16, 2009

Juvenile Crimes: 5 Teenagers Charged with Burning 15-Year-Old

A 13-year-old and four 15-year-old boys are charged with aggravated battery over the attack on 15-year-old Michael Brewer that left him with burn injuries on 65-80% of his body. Brewer was doused with rubbing alcohol before his body was lit on fire.

Witnesses allege that 15-year-old Matthew Bent was the instigator of the attack, which the say occurred because of a feud over money owed and a stolen bike. Bent was arrested while stealing the bike when Brewer called the cops on him. He was released from a juvenile center on Monday.

At around 3pm that day, police say Bent, brothers Jeremy and Denver Jarvis, 13 and 15, Jesus Mendez, 15, and Steven Shelton, 15, got a bottle rubbing alcohol and went to an apartment complex where they encountered Brewer. The 15-year-old reportedly tried to leave but the other boys allegedly surrounded him and poured the alcohol on his body.

Mendez then allegedly used a lighter to set Brewer on fire. Brewer ran to the complex pool and jumped in.

In addition to aggravated battery, Mendez is charged with attempted second-degree murder. If Brewer dies from his burn injuries, all 5 teens, who already have juvenile crime records, could be charged with murder.

The Jarvis brothers and Bent are being held in a juvenile detention center for 21 days. Their criminal defense lawyers say they were “minimally” involved in the attack against Brewer and that the boys didn’t fully comprehend the seriousness of what occurred. The Jarvis’ lawyers want their clients to undergo a mental evaluation.

Juvenile Crimes
Getting arrested for any crime can be frightening for anyone. It can be especially intimidating and confusing for a juvenile, who may not fully understand the charges or exactly what transpired. An experienced Boston juvenile crimes lawyer can help you and your son or daughter get through this stressful time and work toward the best outcome possible for your child's criminal case.

5 teens charged in burning of Florida 15-year-old, Los Angeles Times, October 14, 2009

Now Five Teens Charged in Burning of 15-Year-Old, Broward Palm Beach, October 13, 2009


Related Web Resources:

Juvenile Crimes in Massachusetts

Juvenile Court Department, Massachusetts

October 15, 2009

Boston-Area Schools Provide Criminal Justice Risks For Robbery Victims…And Everyone Else

As anyone feeling the weather this week can tell you, Fall is upon us. As we edge ever closer to the winter months, students around the Boston area are settling into their little piece of heaven in the Commonwealth – the campus. However, Heaven is not found here on Earth as two female Boston University students can now tell you. They were robbed at knifepoint and so now, the local police are searching for someone to introduce to defense attorneys.

It happened last Saturday while they were sitting on a bench in front of a university dorm early in the morning. The women told police that their assailant was a white male in his 20s. He approached them at around 4:15 a.m. and threatened them with a knife.

Neither woman was injured, but $50 and a pack of cigarettes was stolen.

It is unknown whether the assailant was also a BU student. University police are investigating with help from Brookline and Boston police.

Continue reading "Boston-Area Schools Provide Criminal Justice Risks For Robbery Victims…And Everyone Else" »

October 13, 2009

Four People Arrested over Brutal Boston Assault and Battery Incident on Mother’s Day that Left South End Man with Brain Damage

Police in Massachusetts have arrested four people over the brutal beating of a 29-year-old man that took place on Mother’s Day. The four who were apprehended are Roxbury residents Jumoke Marshall and John Benoit, 22, Everett resident Eric Wallace, 19, and a 16-year-old, who is also from Roxbury. The latter, however, was 15 when the beating happened and will be charged as a juvenile.

All four of them faces charges of assault and battery with a dangerous weapon, mayhem, and unarmed robbery.

According to police, the four of them ate the meal of the victim and his friend. The two parties were sitting next to each other at the New Golden Gate restaurant in Boston’s Chinatown. The four suspects then allegedly demanded that the victim and his friend pay for the meal. When the two of them refused to do so and walked away, the other four are accused of attacking the victim in an attempt to commit robbery.

At least one attacker allegedly stepped on the victim’s head at least six times before taking his wallet. The victim’s friend ran away.

The 29-year-old victim sustained a fractured skull, cracked eye sockets, swelling to the brain, permanent cognitive damage, and memory loss.

Allegations of Massachusetts assault can be frightening to face, which is why you should speak to a Boston criminal defense attorney about your case. Many criminal cases are not always what they appear to be on the surface, and an experienced Boston criminal lawyer can make sure your rights are upheld and you get the best defense possible. Some criminal cases are framed in such a way by police and the media that the cards can immediately get stacked against a suspect—unless there is someone to protect him or her.

Man's severe beating leads to four arrests, Boston Globe, October 13, 2009

Arrests made in ‘savage and senseless’ Mother’s Day Beating, Boston Herald, October 13, 2009


Related Web Resources:
Assault and Battery with a Dangerous Weapon

Mayhem

October 9, 2009

Attorney Sam’s Take: How To Avoid Arrest During A Boston Long Weekend

It’s another long weekend for many of us Bostonians starting today. That’s the good news. This means that law enforcement will be particularly aware of what is going on in the Commonwealth. That’s good and bad news, depending on your perspective. However, regardless on how you feel about it, you had best be wary of it or you will end your weekend in a courtroom hoping that your lawyer will be able to find the right words to allow you to return home by nightfall.

The police hyper-awareness on holiday weekends is routed in reality. Often, people forget the realities of their normal lives amid a long weekend of fun and frolic. For example, frolicking often involves alcohol or drugs. Drinking alcohol, and now smoking a small amount of pot, and staying put is not, in and of itself a problem. Sometimes, though, people decide not to stay put.

They may decide to go for a drive. Bingo! Operating Under The Influence…or worse. Perhaps they get a bit rambunctious and get into an altercation with someone they meet. Bongo! Assault and Battery. Maybe they are feeling generous and are taking some of their favorite drug with them to share with a buddy. Bango! Possession with intent to Distribute.

Continue reading "Attorney Sam’s Take: How To Avoid Arrest During A Boston Long Weekend" »

October 8, 2009

Massachusetts Man Arrested For Murder Loses Privacy Rights

Aaron C., 30, of Attleboro (hereinafter, the “Defendant”) may be a bit angry today. As I write this, he may even be on the phone calling his attorney to look into suing the authorities for invading his privacy.

It appears that he was making a telephone call and the authorities listened to the conversation…and then they arrested him.

Well, perhaps the surrounding circumstances are worth noting. He was in a police station in Providence Rhode Island at the time. He was being questioned about the murder for which he was thereafter arrested.

You see, the Defendant has been accused of shooting and killing a 67 year-old woman in her Attleboro home.

Continue reading "Massachusetts Man Arrested For Murder Loses Privacy Rights" »

October 7, 2009

North Of Boston Establishment Investigated In Assault Arrest

To the north of Boston is the town of Saugus. In Saugus is a restaurant named “Maddy’s Restaurant”. Maddy’s has a parking lot. On July 29th, a fight occurred at the parking lot which allegedly led to two men being stabbed and one allegedly being struck with a beer bottle. On September 29th, Bob Wong of Maddy’s was invited to appear before the Saugus Board of Selectmen’s meeting to explain it. No criminal charges, mind you. No criminal defense attorney.

But the finger of accusation nonetheless.

The police investigation had involved several agencies who were called in to attend to the assault victims. These included the Cambridge Police, Cambridge Hospital, Massachusetts State Police , local firefighters and Massachusetts General Hospital.

Nobody has alleged that Mr. Wong had any part in the fight. In fact, the fight had taken place over an hour after Maddy’s had closed for the night. However, the Board of Selectmen were investigating what, if any, liability Maddy’s may have had in the incident. They had asked for a
representative of Maddy’s to appear before them to tell their side of the story as an alternative to proceeding directly to a show-cause hearing.

Continue reading "North Of Boston Establishment Investigated In Assault Arrest" »

October 6, 2009

Three Indicted For Larceny Scheme

Yesterday, we dealt with the latest celebrity crime matter, the David Letterman extortion case. Today, another white collar case is the topic, this time right from the Boston area. The crime is Larceny. That’s right, that is what Letterman’s blackmailer was charged with as well. This, however, seems to simply be about plain old-fashioned theft.

The alleged crime involves the theft of hundreds of Verizon Blackberrys and the sale of them on the internet. To date, the suspects' rewards include hundreds of thousands of dollars collectively and one criminal defense attorney each.

“This was an extensive scheme,’’ the Middlesex District Attorney said in the statement announcing the indictments. “We thank Verizon for first discovering this scheme and then contacting authorities immediately…’’

He estimated the alleged scam had a value in excess of $600,000.

Continue reading "Three Indicted For Larceny Scheme" »

October 6, 2009

Man Accused of Stalking Erin Andrews is Released on Bail

The man charged with interstate stalking using harassing and intimidating surveillance for making a nude video of ESPN sportscaster Erin Andrews was released from police custody today. A judge ordered Michael David Barrett to wear an electronic bracelet. He is prohibited him from using the Internet.

The 47-year-old man allegedly tried to sell footage of a nude Andrews to the Website TMZ.com. He also is accused of uploading video of other women onto the Internet.

According to an FBI affidavit, most of the Andrews footage was shot while she was a guest at the Nashville Marriott at Vanderbilt University in September 2008. The lawyer for Andrews says that Barrett asked the hotel put him in the room next to the one where Andrews was staying. He then allegedly modified the peephole so he could use a cell phone camera to shoot the nude footage of the reporter.

Eight videos of Andrews were posted online.

Barrett is scheduled to appear in court later this month. If convicted for interstate stalking, he faces up to five years in prison. He also could be fined up to $250,000.

Interstate Stalking
It is a felony and a federal crime for anyone to cross state lines to harass or stalk someone in a way that causes the target to fear serious bodily injury or death.

Stalking of any kind is considered a serious offense and one that should be dealt with by an experienced Boston, Massachusetts federal crimes lawyer. Many people accused of stalking are not “professional” criminals. In many cases, stalking involves highly emotional situations between the parties involved.

Erin Andrews' alleged stalker released; will be monitored, USA Today, October 5, 2009

Attorney for ESPN reporter criticizes management at hotel, LA Times, October 5, 2009


Related Web Resources:
Erin Andrews Bio, Media Zone

ederal Interstate Stalking Law

October 5, 2009

The Boston Criminal Lawyer Blog Joins The Rest Of The Nation As The Letterman Extortion Case Comes To Court

Last week, Boston joined the rest of the country in watching the revelations of the extortion of David Letterman. Letterman confessed to sexual relationships with staffers on his show and Robert H. (hereinafter, the “Defendant”), standing with his lawyer, pleaded "not guilty" to grand larceny charges and posting $200,000 in bail money.

Ironically, the Defendant is no stranger to crime stories, being a producer for CBS’ true-crime show "48 Hours." Apparently, he has worked for the network for 27 years and has no prior criminal record.

According to the prosecution, the Defendant demanded two million dollars last month in order to prevent the releasing of information about Letterman's sexual exploits with female staffers. Trying to disguise the blackmail note as a screenplay treatment, the note opined that Letterman's world would "collapse around him" when information about his private life was disclosed, leading to "a ruined reputation" and damaging his professional and family life.

Rather than simply giving in to the extortion plot, Letterman is said to have contacted his lawyer who arranged a meeting with the Defendant wherein the Defendant demanded $2 million to keep the material secret. After the meeting, law enforcement was contacted and the investigation began.

Continue reading "The Boston Criminal Lawyer Blog Joins The Rest Of The Nation As The Letterman Extortion Case Comes To Court" »

October 2, 2009

Attorney Sam's Take: Charged With A Crime In Boston - What Now?

I grew up in the Boston area. I remember, when I was a kid, my father reading the newspaper and seeing an article that a former friend of his had pleaded guilty to several white collar crimes.
Actually, the reason the gentleman was a “former” friend was that my dad was one of the victims of the alleged fraudulent acts. Until reading that article, my dad had been convinced that his friend had not intentionally misled him to his detriment, but that the unfortunate result had been simply bad luck.

Now, my dad was convinced that he had been duped. “After all”, he said, “Why would the guy plead guilty if he were not guilty?”

It sounded right to me at the time.

Years later, I became a prosecutor in Brooklyn, New York. This was the start of my real education as to how the system works.

My answer to my dad’s question has rung hollow ever since.

Continue reading "Attorney Sam's Take: Charged With A Crime In Boston - What Now?" »

October 1, 2009

Arrested On Drug And Gun Charges, The Defendant Tries The "Self-Help" Approach To Criminal Justrice

Kareem T, 28 (hereinafter the “Defendant”), was happy when Monday rolled around this week. After spending the week in custody, the Framingham man got to see his defense attorney and was returned to the free world…if $10,000 can be considered “free”, that is.

Last week was a bad one for the Defendant in the first place. First of all, he was arrested earlier in the week on drug charges. Then, three days later, on Friday, new allegations were broughtagainst him.

At 8:30 p.m., police received several 911 calls about a man pointing a gun at a person in a car at Jefferson Terrace. The police came to investigate, but found that the alleged victim had driven drove off and the suspect had walked away. However, bystanders gave police a detailed description of the suspect.

The officers converged on the area.

One of the officers saw two men walking, one of which had matched the suspect’s description. The officer is said to have yelled out, “Framingham Police, I want to talk to you”. One of the men walked toward the officer, while the other turn, looked at the officer and then ran away.

And so the chase began.

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