Boston Criminal Lawyer Blog

Amy Bishop’s parents say that they will cooperate in the judicial inquest into the 1986 Braintree, Massachusetts fatal shooting of their son. However, they are adamant that Bishop shot him accidentally.

Bishop, a 45-year-old University of Alabama Biology professor, is now charged with the fatal shooting deaths of three university staff members on February 12. Following this month’s incident, Norfolk District Attorney William R. Keating initiated the inquest.

In 1986, Bishop, then 21, fatally shot her brother Seth, 18, with a 12-guage shotgun. Afterwards, she was accused of pointing a shotgun at two people at a car dealership where she demanded a car. Bishop was not charged with any crimes even though Keating says that Bishop could have been charged with carrying a dangerous weapon, assault with a dangerous weapon, and unlawful possession of ammunition.

US Representative William Delahunt, who was Norfolk district attorney at the time, says that the case was handled appropriately based on the information that was available. Now, investigators claim they have evidence that suggests Bishop may have shot her brother on purpose.

Bishop’s parents had initially refused to talk to Keating’s investigators. Her mom Judy was the only witness to the 1986 shooting. Dad Samuel was a material witness.

Bishop’s Massachusetts criminal defense lawyer says he is planning an insanity defense. He says that his client has serious mental problems and doesn’t even remember the fatal Alabama campus shooting.

Lawyer plans an insanity defense for teary Amy Bishop, Boston Herald, February 21, 2010

Delahunt defends actions in 1986 Bishop killing, Boston.com, February 22, 2010

Attorney: Bishop's parents to cooperate, have 'nothing to hide', Philly.com, February 28, 2010

Related Web Resources:
Amy Bishop Case Timeline, Boston.com

Norfolk District Attorney's Office

Here is another arena in the Boston area where the hysterical cry of the Lawenorder Bird calls, “Softoncrime! Softoncrime!” The bird, considered a symbol of justice to some is seen as a predatory bird by others. Criminal defense attorneys for example.

The arena is one in which only one-half of its nesting area is visible to the general population. The nesting area is known as “The Administration”. The arenas are educational institutions littered throughout the Commonwealth. Academic in nature, they often do not consider certain real-life considerations. This makes them especially susceptible to public opinion.

And public opinion is almost always in favor of an easy answer to crush the problem of crime.

“Ok. Now what on Earth is he writing about today?”, you ask. “Predatory birds? Nests susceptible to public opinion? Has Sam Goldberg finally lost his grip?”

Continue reading "Attorney Sam’s Take: Massachusetts Campus Crime Report Seems To Contend That Sexual Assault Is Now “Acceptable” In College" »

Today, the Boston Criminal Lawyer Blog points out that there really can be “heroes” as well as “villains” in today’s modern, if not skeptical, age.

It seems to also be a story of a suspect's alleged consistency.

It was this past Monday. It began when a 34-year-old woman parked her Acura SUV at the Dock Square garage in the North End. Suddenly, out of nowhere, a burly man appeared at her door, speaking calmly and matter-of-factly.

“I need your car, I need your keys,’’ he said.

When she saw the gun in her hand, she knew it was not simply an unlucky gentleman who simply needed an emergency ride to, say, deliver a baby.

He simply wanted to deliver the car...to himself

Continue reading "Assault, License Loss And OUI Charges Apparently Not Enough For Alleged Armed Carjacker" »

Message from a Boston criminal defense attorney to Ms. Kimberly J., 38 (hereinafter, the :Defendant”) – it is not as bad as you think.

It is actually worse.

The Defendant had been wanted by Massachusetts law enforcement in the alleged kidnapping Thursday of her half-sister’s one-year-old daughter. She has been apprehended in Altona, Pennsilvania and immediately arrested by investigating officers. The Defendant had been staying at a women’s shelter where she is said to have been using an alias and a stolen I.D.

Lest you think she is inconsistent, though, she was also allegedly driving a stolen vehicle .

The one that was apparently used in the abduction.

Continue reading "Massachusetts Kidnapper Faces Charges In Federal And Two State Courts" »

Jayson Williams, the former New Jersey Nets player, has been sentenced to a five-year prison term for charges related to his covering up of the fatal shooting of Costas “Gus” Christofi, a limo driver that he had hired. Williams accidentally shot the 55-year-old driver on February 14, 2002.

The fatal incident happened at the former NBA star’s home in Pennsylvania. According to prosecutors, Williams was reckless in the handling of a 12-gauge shotgun that then went off. He and two others were accused of trying to cover up what happened so it would look as if the limo driver shot himself.

In 2004, a jury convicted Williams of four charges of trying to conceal the fatal incident. They acquitted him on the criminal charges of evidence tampering, hindering apprehension or prosecution, witness tampering, and fabricating evidence. However, they could not agree on whether to convict him for reckless manslaughter.

During the criminal trial, the former NBA star admitted that he did not see whether the gun, which was part of his collection, was loaded, whether the safety catch was activated, or what direction the weapon was pointing toward. A mistrial was declared and rather than go through another trial over the reckless manslaughter charge, Williams pleaded guilty to aggravated assault. He has to serve 18-months in prison, concurrent with the 5-year sentence.

In 2003, Williams settled the wrongful death lawsuit filed by Christofi’s family for $2.75 million.

Former NBA star Jayson Williams gets five-year sentence in shooting, CNN, February 23, 2010

Williams Gets 5-Year Prison Sentence, Reuters, February 23, 2010

Related Web Resources:
Violent Crimes, Justia

Jayson Williams, New York Times

Continue reading "Former NBA Player Jayson Williams Sentenced to Five Years in Prison for Limo Driver’s Shooting Death" »

Well, it has been awhile since the Boston Criminal Lawyer Blog covered one of these.

It just goes to show that with all the mkhigh profile cases like those of a certain never-to-be-tenured professor's alleged homicides, the Kerrigan family woes and assorted homicides we have been discussing lately, poor judgment is also demonstrated in the actual streets of the Commonwealth ...just like always.

Today’s tale hails from Framingham.

It was Saturday night when Herman H., 23 of Framingham (hereinafter, the “Defendant”) was found hiding under a car in a garage and arrested.

You see, according to law enforcement, the Defendant had been witnessed going the wrong way on a local one-way-street. So, the police, doing what they do, followed him until he finally stopped.

Next, the police approached the Defendant’s vehicle. Again, it is what they do.

But, the Defendant then allegedly did what one is absolutely not supposed to do. He drove off.

He finally stopped. Good move.

-

Continue reading "Massachusetts Vehicular Crimes Increase Penalties During Police Car Chases – Take It From A Boston Defense Attorney" »

19-year-old Browning Mejia’s Massachusetts criminal defense lawyer is arguing that his client should never have been indicted over a January 15, 2009 shooting in Hyannis. The attorney claims that witnesses did not convincingly identify the teen.

Mejia is accused of being one of two masked persons to shoot a parked car whose occupants were allegedly there to purchase drugs from him. Two men sustained bullet wounds from the 15 to 20 rounds that were fired into the Chevy Impala.

A woman who had been in the back seat told cops that she recognized the teenager’s voice. She also says that because his mask was down she was able to see his face. This week, Mejia’s defense attorney argued that the woman has changed her story. He also said that no one who stood before the grand jury was able to ID his client as one of the shooters.

Mejia was charged with Massachusetts assault with a dangerous weapon and armed assault with a deadly weapon.

Mistaken Identity Arrests
If Mejia was indeed wrongly identified as the suspect in the shooting, he is not alone. According to the National Association of Criminal Defense Lawyers, at least one person is mistakenly identified and arrested on a daily basis. In most cases, the person is released soon after the mistake is discovered. Arrest warrants incorrectly naming someone are even issued.

Lawyer: ID faulty for accused Hyannis shooter, Cape Cod TImes, February 18, 2010

Officer, you've got the wrong person, CNN, February 15, 2010

Related Web Resources:
National Association of Criminal Defense Lawyers

Assault, Justia

Continue reading "Teen Charged in Hyannis Double Shooting Wasn’t Convincingly Identified, Says His Massachusetts Criminal Defense Lawyer" »

It would appear that the people of the Boston area dodged the proverbial bullet when Professor Amy Bishop (hereinafter, the “Defendant”) moved out of state. According to Alabama law enforcement, co-faculty members were not so lucky.

The Defendant stands accused at the moment of gunning down said members at a faculty meeting whereat it was revealed that she was not going to get tenure.

But her latest problems are not her first brushes with guns, assault and the law. In fact, the more the media dig into her past, the more is learned at how she allegedly skated by criminal prosecutions a number of times. Some such skating has left Massachusetts law enforcement officials scratching their heads.

For example, one of the first stories that were revealed were about the suspicions about her connection to an attempted bombing of a professor at Harvard when she worked there. She was apparently trying to become a famous scientist (see discovery of her book from Tuesday’s blog). Her supervisor was purportedly not pleased with her work. He received a bomb in the mail after an alleged dispute with her. Clearly, the federal officials did not believe there was enough to charge her and so nothing happened.

However, a cloud of mystery seems to have developed about that situation with her brother.

Continue reading "Boston Ghosts Of Criminal Past Continue To Haunt Prof. Amy Bishop, Now Accused Of Murders By Firearm" »

Have you heard the one about the professor who is accused of killing three colleagues at the University of Alabama on Friday? They say that Amy B., 44, (hereinafter, the “Defendant”) had been a professor there since 2003. But did you know that she had come from Boston where she had other...lawyer-necessary problems?

The Defendant has made national news since last week. It would appear that she had a difference of opinion at a faculty meeting. They saw her as not tenure material. In response, she saw them as targets. At the end of the faculty meeting, she allegedly opened fire, killing three colleagues and wounding three others.

Of course, this is not the first time she has been connected with weapons in the eyes of law enforcement.

For example, in 1986, she is said to have shot her brother in the back. He died. And the charge of homicide? Well, a State Police investigation report has been released that shows that they had determined that the shooting was merely an accident.

I’ve seen people convicted for lesser accidents!

Continue reading "Former Boston Professor, Now Multiple Homicide Suspect, Is Linked To Previous Shooting And Bombing" »

Amy Bishop Anderson, a University of Alabama biology professor, is charged with one count of capital murder in the deaths of two other professors and one professor’s assistant. Three other people, a staff member and two faculty members, were injured. The shooting happened on campus on Friday at around 4pm during a biology department meeting.

In 1986, Anderson, who has been employed at the University of Alabama since 2003, fatally shot her brother in Braintree, Massachusetts following what one police officer says was an argument. No charges were filed in what a police log lists as an accidental shooting.

Massachusetts Homicide Cases
While there is no death penalty in Massachusetts, there are serious penalties for those charged with homicide. The crime of murder in the first degree comes with a life prison sentence without parole—that is the maximum prison sentence allowed in the state. Other serious homicide charges include murder in the second degree, involuntary manslaughter, and voluntary manslaughter. In Massachusetts homicide cases, intent, motivation, and negligence are key factors in determining what charge to file against someone. This is not the kind of criminal case that you want to be a defendant of without having an experienced Boston homicide lawyer defending you and protecting your civil rights.

There are so many reasons why a person should be found not guilty of a crime. Your Boston criminal defense attorney can make sure that the right experts are retained and the proper evidence is presented in court to prove that you are not guilty. There may be reasons why lesser charges against you should be filed or why other charges should be dismissed.

Police: Alabama college shooting suspect killed her brother in 1986, CNN, February 14, 2010

Three killed in shooting at Alabama campus, Los Angeles Times, February 13, 2010

Related Web Resources:
Murders in Boston During 2010

Criminal Homicide, Justia

The Kerrigan family may have you alittle confused. The Boston Medical Examiner’s office says that the father (hereinafter, the “Deceased”) died because of an assault by the brother (hereinafter, the “Defendant”). The rest of the family is praising what a fantastic role model the Deceased was, but are standing by the Defendant. The District Attorney is trying to figure out what is the right move in the case.

Meanwhile, the superstar of the family, daughter of the Deceased and sister of the Defendant, former-Olympic but now-media star is publically vowing to fight the ruling that concluded her beloved father was murdered during a brawl with his son. In fact, in a long letter sent to friends that illustrated her adoration for the Deceased, Kerrigan yesterday defended the Defendant and called the state medical examiner’s ruling regarding the death “unjustified.”

The Defendant, meanwhile, remains at Bridgewater State Hospital, has pleaded not guilty to assault and battery on an elderly person,and wonders about his fate. Lord only knows what type of turmoil he is in.

“ ‘Turmoil’? But he is the Defendant! You mean he is afraid of what the punishment will be?”

No, actually, I meant what I wrote. Do you think there is very much the system can do to him that is not dwarfed by what he must be going through inside?

I have written many times about how media coverage and, indeed, fear of it often rules the criminal justice system. There is something else that plays a huge part in it and always has. Basic human emotion.

Continue reading "Attorney Sam’s Take: The Kerrigan Case – Boston’s Latest Confrontation Between Homicide Prosecution And Human Emotion" »

George P., a 48-year-old man from Medford, (hereinafter, the “Defendant”), has been indicted by a Suffolk County Grand Jury in Boston. This means that if he has a court-appointed lawyer, he or she had best be “superior court certified”. Somehow, though, given the charges...the Department of Probation may not find him indigent.

He is charged with stealing millions of dollars from former employers and covering those thefts by overbilling his clients. Specifically, the charge is four counts of larceny over $250 and procurement fraud. When he was arraigned in district court in December, he was released on $25,000 bail. He is scheduled to be arraigned in superior court later this month.

Unbeknownst to the Defendant, the attorney general’s office had been investigating him for months. They were looking into his actions while under the employment of two construction management companies. The Commonwealth claims that, while serving as vice president of a company in the Greater Boston area, he “routinely submitted reimbursement requests that contained fake receipts, invoices, and correspondence.”

The company allegedly relied on the Defendant’s documentation and paid him several million dollars in reimbursements from 2007 until his departure in January 2009.

Continue reading "Larceny Suspect From Boston Municipal Court Is Indicted On Fraud Charges" »

Was it a surprise to you? The Boston Criminal Lawyer Blog anticipated it just after the event and explained that it was likely to happen.

The news is that,the cause of death of the 70-year-old father of Olympic figure skater Nancy Kerrigan (hereinafter, the “Deceased”) is being ruled a homicide. However, Middlesex District Attorney Gerard T. Leone Jr. has not yet decided whether the son, Mark D. Kerrigan (hereinafter, the “Defendant”) will face murder charges. The Defendant has already been charged with assault and battery.

In a statement released this afternoon, Leone's office said that the state medical examiner has concluded the death of the Deceased was a homicide after he suffered a heart attack inside his Stoneham home early on January 24th. Leone stated that "The Medical Examiner determined that the cause of death was cardiac dysrhythmia following a physical altercation with neck compression causing injury to the neck in the form of a cartilage fracture to the larynx area, in a person with hypertensive and atherosclerotic cardiovascular heart disease,'' Leone said in the statement.

He further announced that the investigation is ongoing and that his office is deciding whether homicide charges are appropriate.

Continue reading "Kerrigan Massachusetts Assault Ruled A Homicide" »

Conrad Murray, the personal physician of Michael Jackson, pleaded not guilty to a single felony charge of involuntary manslaughter in the death of the famous performer. Bail was set at $75,000—three times more than the amount faced by most people who are charged with involuntary manslaughter. Prosecutors had wanted bail set at $300,000. Michael Jackson’s parents, Katherine and Joe, and his brothers Randy, Tito Jackie, and Jermaine, and his sister La Toya were at Murray's arraignment.

Upon Murray's release after posting bail, the 56-year-old cardiologist will not be allowed to leave the country.

Murray was Jackson’s personal physician when he died. According to officials, the performer died after Murray gave him propofol and two other sedatives to treat his chronic insomnia.

The criminal complaint against Murray accuses him of unlawfully killing Michael Joseph Jackson, albeit with out malice, and of acting “without due caution and circumspection.”

The coroner had ruled the singer’s death a homicide caused by acute intoxication by propofol and other sedatives. The autopsy report released today says that Jackson was administered a powerful anesthetic at a dose equal to what would be given during a major operation and that medical standards were not met.

Murray maintains he did not do anything that should have killed Jackson. His criminal defense attorney is vowing that he and his client will “fight like hell.” If convicted, Murray faces a maximum four years in prison.

Michael Jackson died at age 50 on June 25, 2009.

High profile criminal cases, especially one involving a beloved victim, can prove challenging for the defendant, who may have the court of public opinion against him/her.

Michael Jackson's doctor pleads not guilty, Yahoo/AP, February 8, 2010

Conrad Murray: Michael Jackson case and celebrities' doctors, The Christian Science Monitor, February 5, 2010

Related Web Resources:
Propofol, Drugs.com

Michael Jackson Autopsy Report, The Smoking Gun

Continue reading "Michael Jackson’s Doctor Pleads Not Guilty to Involuntary Manslaughter in Singer’s Death " »

Last week, the Boston Criminal Lawyer Blog discussed cases involving assaults of various natures. Some involved drugs. Some involved the ultimate assault... homicide.

This week, we begin with assault of a different kind. Here, no person was assaulted.

It was a wall.

No, it was not a drunk driving case, where an inebriated driver believed that the traffic laws allowed “Straight On Red”...even if straight ahead was a stone wall.

This was just a regular corridor wall. Inside, not outside.

Continue reading "Massachusetts Student Needs Experienced Lawyer In Assault Of Wall Case" »

A Middlesex Superior Court Grand Jury indicted Roger Lau and Thomas Heinz, both 26, on child rape charges yesterday. They are accused of raping the same girl.

Prosecutors say that both men assaulted a girl from the under-14 Medford girls soccer league that they were coaching. The alleged Massachusetts sexual assault crimes began taking place in 2003 and the last incident is said to have occurred during the summer of 2004.

The alleged victim, who was then 13 to 14 years of age, told police that she and Lau were sexually involved with each other for over a year. She claims that Heinz sexually assaulted her twice.

Lau was indicted on four counts of child rape by force and Heinz was indicted on one count of child rape by force. Both men have pleaded not guilty to the charges.

The two men were arrested last December. They are on pre-trial release and have been ordered not to have contact with children under age 16 unless these interactions are supervised. They also cannot coach or officiate any activities involving kids younger than 16.

Massachusetts Rape Charges
Allegations of rape are very serious—especially if the alleged victim is younger than 16. The state of Massachusetts does not consider an adult having sex with someone younger than 16 to ever be a consensual act and criminal charges can be filed against the adult. Punishments may be even more serious when violence or abuse is involved.

You have the right to an experienced Boston sex crimes lawyer who can defend you against all charges and protect your rights. Even if you are not guilty of committing any crime, your life can be irrevocably altered when you are accuse of rape.

Former Medford soccer coaches indicted on rape charges, Boston.com, February 5, 2010

Roger Lau, Thomas Heinz Accused Of Teen Soccer Child Rape, Huffington Post, December 22, 2009

Related Web Resource:
Massachusetts Law About Sex

Continue reading "Middlesex Superior Court Grand Jury Indicts Two Former Medford Soccer Coaches on Child Rape Charges " »

The Boston Criminal Lawyer Blog has regularly suggested how an experienced defense attorney can help you if there is an outstanding warrant for your arrest.

It may be that Dr. Conrad Murray,( hereinafter, the “Defendant”) the doctor who administered the fatal dose of Propofol to Michael Jackson and now is to face homicide charges is a reader! Well, if not, at least he is being similarly advised.

According to law enforcement, his attorneys have been in contact with the L.A. County District Attorney's Office to surrender on charges of involuntary manslaughter . Apparently, the plan is that the prosecutor will file the charges with the court and then immediately notify the Defendant’s lawyers. They will then bring the Defendant downtown to court to surrender to a judge.

What happens next is anybody’s guess. He could be arrested and held. He could be simply arraigned. There is one sticking point, though. It would appear that this is not the Defendant’s only legal problem at the moment. Apparently, there is a case against him in Las Vegas brought by a medical imaging company for non-payment of fees. There is currently a default judgment against the Defendant in that matter.

Continue reading "Attorney Sam’s Take: Does Michael Jackson Homicide Doc Read The Boston Criminal Lawyer Blog?" »

Gang violence in the Boston area. The battles are played out in the streets by gang members, law enforcement and innocent bystanders as well as the Commonwealth’s courtrooms with lawyers and judges.

The homicide victim this time was a Revere Police Officer Daniel T (hereinafter, the “Deceased”). The killing took place in 2007. Now, in 2010, Robert I., 22, (hereinafter, the “Defendant”) has been found guilty of second-degree murder by a Suffolk Superior Court jury.

But the controversy has not ended there. People are questioning the city’s police department as a result of how the shooting had occurred.

The Commonwealth contends that the Defendant was a member of the “Bloods” street gang. It also contends that the Defendant shot the Deceased above his right eye believing he was a gang rival.

Continue reading "Massachusetts Gang Violence Results In Murder Conviction In Shooting Of Police Officer" »

It is not terribly unusual to hear about a case in which a student is accused of getting into a fight with another student. However, a Newton high school student has now been charged with Massachusetts assault and battery against someone else...a teacher. But it does not end there. He will also have to tell his new attorney how to defend against the charge that illegal drugs were the issue of the altercation.

The 16-year-old lad (hereinafter, the “Defendant”) was charged with assaulting the teacher on Friday after a metal box full of marijuana was allegedly confiscated from him at school, police said.

According to the Commonwealth, a teacher caught the Defendant in a school bathroom with the box in a, and took him into an office, where he was told his parents would be contacted. As the Defendant was being escorted to another school office, police said, he allegedly grabbed a different teacher's hand in an attempt to retrieve the box. The teacher was not injured.

Police say that the box contained five packages of marijuana.

Continue reading "Massachusetts High School Student Arrested For Assaulting Teacher And Intent To Sell Drugs" »

Kyle B., 28, (hereinafter, the “Defendant”) is in trouble again. Criminal Justice trouble. Massachusetts Murder trouble.

The Defendant was arrested in Brockton Saturday and charged with the murder of a man outside of a local restaurant on January 5th. A second witness of the shooting was shot in the leg and has survived. The Defendant stands accused of the shooting of both gentlemen as well as unlawful possession of a firearm.

Law enforcement has wasted no time in calling the double shooting “egregious” and “heinous.” Ignoring the usual need for lip-service on behalf of the presumption of innocence, Plymouth District Attorney Timothy J. Cruz has publically declared that ““The shooter in this case is a very dangerous person. I’m glad he’s off the street”, he continued. “Brockton is safer without him on the street.”

Of course, the Defendant is not a complete stranger to charges of homicide. He was charged with the 1999 grisly death of a 14-year-old girl who had been eight months pregnant, presumably with his child. In fact, in a recorded statement to police, the Defendant described himself as a witness who had watched a friend lure her to a shallow grave , stabbed her and bludgeoned her with a rock a brick before burying her alive. The Defendant then led police to that grave. The Commonwealth charged him with being part of the conspiracy to kill the young woman. However, at trial, some five years later, he was found to be “not guilty” by a jury.

After the 2004 jury trial, Suffolk County District Attorney Dan Conley’s office described itself as being “baffled and pained” by Bryant’s acquittal.

I guess both District Attorneys are sleeping better tonight.

Continue reading "Acquitted Of Murder In Boston, Shooting Suspect Needs Another Defense Attorney " »