Boston Criminal Lawyer Blog

A judge has ruled that 12-year-old Jordan Brown will be tried as an adult for the first-degree murder of his dad’s pregnant fiancé. If convicted, he would be the youngest American to serve a lifetime in prison without parole.

Jordan is accused of using a .20-gauge shotgun to kill Kenzie Houk, who was 9-months pregnant in February 2009. She was sleeping when he shot her. Her unborn baby also did not survive the shooting.

Judge Dominick Motto called the incident an “execution-style killing.” He says his decision is based on the boy’s refusal to accept responsibility for what he did.

Jordan’s lawyers had requested that the murder case be moved to juvenile court. A psychologist for the defense had testified that the child was at “low-risk” for committing future violent acts.

Prosecutors say that Jordan killed his soon-to-be stepmother because he didn’t like the fact that he was asked to move out of his bedroom. His unborn half-brother was going to be named after his father.

Jordan’s murder trial could begin in May. The 12-year-old’s criminal defense lawyers are trying to decide whether to ask the judge to let them take the case to the state Supreme Court.

In Massachusetts, persons as young as 14 can be sentenced life in prison without parole if convicted for murder. In September 2009, up to 57 people that were also first-time offenders were serving these mandatory sentences in the state's prisons.

If your child has been charged with a crime, an experienced Boston juvenile crimes lawyer can fight to take the case to juvenile court where the penalties are less harsh. Human Rights Watch says that sentencing juveniles to life in prison without parole is cruel and unfair. According scientific research, there are difference between adult and adolescent brains that explain why many teens often don’t comprehend the consequences of their actions.

Juvenile life-without-parole sentence too harsh, reports says, Boston.com, September 30, 2009

12-year-old boy to be tried as adult, UPI, March 30, 2010

Related Web Resources:
Juvenile Court Department, The Massachusetts Court System

The General Laws of Massachusetts

Continue reading "12-Year-Old Could Be Sentenced to Life in Prison Without Parole if Convicted of First-Degree Murder" »

After writing yesterday’s Boston Criminal Lawyer Blog, I went back to my daily business of practicing law. Then, I took a look at some of the latest news and commentaries regarding the indictments about which we “spoke” yesterday as well as the pending legislation regarding bullying.

I started with Boston.com, were I found the positive spin that, “So, finally, an adult in authority in South Hadley stepped up for Phoebe Prince.” This was, of course, applauding District Attorney Betsy Scheibel who has indicted nine youths who apparently bullied the late Phoebe Prince, 15. Ms. Prince tragically took her own life, presumably because of said bullying.

Part of the prosecutor’s stated rationale was that the bullying went far beyond typical bullying that we have seen amongst school peers since the invention of schools. Of course, yesterday, when we looked at the examples she listed…they did not seem to be very new at all.

Unspoken, of course, was any political ambitions the da might have, given that her office is a political one.

I remind you that this had already become a hot issue and one that is being kicked around by the legislature in the way of anti-bullying legislation.

Continue reading "The Massachusetts Anti-Bullying Law Movement – A Path To A Criminal Justice Solution? " »

The death of Phoebe Prince, 15, the South Hadley teenager who allegedly took her own life in response to a barrage of bullying (hereinafter, the “Deceased”) is looming over Massachusetts criminal justice. It has inspired new lawmaking in the legislature and, yesterday, hit the criminal justice system hard.

Indicted felonies for 9 teenagers hard!

The charges include statutory rape, violation of civil rights, criminal harassment, and disturbing a school assembly. Northwestern District Attorney Elizabeth Scheibel announced the charges today.

"Their conduct far exceeded the limits of normal teenage relationship-related quarrels,'' Scheibel said of the nine teens, the oldest of whom is 18 years old.

Really? Let's look into that.

You have probably heard about this story with a different allegation involved…bullying.

Continue reading "A Boston Lawyer’s View Of 9 Kids Indicted For Bullying (On Campus And Off) And Statutory Rape In Suicide Case" »

In Massachusetts, nine teenagers have been charged in connection with the death of Phoebe Prince. The 15-year-old was found hanging in her bedroom last January.

The teenagers are accused of stalking, harassment, and bullying Prince at South Hadley High School and on Facebook. Among those charged:

• 17-year-old Sean Mulveyhill from South Hadley is charged with criminal harassment, statutory rape, violation of civil rights, and disturbance of a school assembly.

• 17-year-old South Hadley teen Kayla Narey is charged with criminal harassment, civil rights violations, and disturbance of a school assembly.

• 18-year-old Austin Renaud from Springfield is charged with statutory rape.

• 16-year-old South Hadley resident teen Flannery Mullins is charged with stalking as a youthful offender and civil rights violations as a youthful offender.

• 16-year-old Ashley Longe, of South Handley, is charged with violation of civil rights as a youthful offender.

• 16-year-old Sharon Chanon Velazquez, of South Hadley, is charged with stalking as a youthful offender and civil rights violations as a youthful offender.

Three female juveniles, all South Hadley residents, have been charged with juvenile crimes, which include criminal harassment, civil rights violations, disturbance of a school assembly, and assault by means of a dangerous weapon.

Prince had moved to South Hadley from Ireland. According to Northwestern District Attorney Elizabeth Scheibel, one of the alleged bullying incidents occurred in front of a school staffer and other students, but no one reported what happened.

Bullying as a Crime
Many teenagers and younger children don’t realize when they’ve crossed the line that turns “merely picking on another kid” into a Massachusetts crime.

If your son or daughter has been charged with committing any crime, you should contact a Boston criminal defense lawyer to discuss your case.

9 charged in death of South Hadley teen, who took life after bullying, Boston.com, March 29, 2010

Phoebe Prince, South Hadley High School's 'new girl,' driven to suicide by teenage cyber bullies, New York Daily News, March 29, 2010

Related Web Resources:
Massachusetts Law About Bullying and Cyberbullying, Massachusetts Trial Court Libraries

Juvenile Crime in Massachusetts, Mass.gov

Continue reading "Nine Teenagers Indicted in Connection with Massachusetts 15-Year-Old’s Bullying Suicide" »

The Boston Criminal Lawyer Blog has often warned you that you want to have an experienced criminal defense attorney advise and, if necessary, defend you if you find yourself to be a target or a criminal defendant. I have given you many reasons for this. Today’s story reveals one more.

Sometimes, the law, as applied by the courts, is wrong. This is the stuff about which appeals are made. So, in short, you want to have an attorney who not only knows what the law is...but what it should be.

Our case in point is a recent group of rulings by the Massachusetts Supreme Judicial Court. In the rulings, at least eight Plymouth County cases were overturned pursuant to the United States. Supreme Court ruling last summer that it wasn’t enough to use lab analysis paperwork as evidence – the chemists and ballistics experts (in gun cases) who did the tests have to testify, too.

Two Friday rulings by the state Supreme Judicial Court may open the door for even more of those cases to be appealed, said Plymouth County District Attorney Timothy J. Cruz. The rulings held that even if the defense attorney didn’t formally object to the paperwork as evidence or questioned whether the items tested were drugs, the case can still be tossed out.

Continue reading "United States And Massachusetts Supreme Courts Agree, Drug/Gun Cases Are Overturned And Prosecuting Attorneys Are Worried" »

Yesterday, a Plymouth County jury found Michael Riley, the 37-year-old dad of 4-year-old Rebecca Riley, guilty of her first-degree murder. He is sentenced to life in prison without parole. Per Massachusetts law, the verdict is going to be automatically appealed.

Michael and his wife Carolyn are accused of using psychotropic medication to control their three children. Carolyn, 35, was also charged with first-degree murder, but last month, a jury convicted her of second-degree murder.

Prosecutors accused the Rileys of making up their kids’ behavioral problems. They accused the couple of sedating their children so that they could receive benefits designated for families with disabled kids.

Rebecca and her 11-year-old and six-year-old siblings had all been diagnosed with hyperactivity and bipolar disorders. Tufts Medical Center doctor Kayoko Kifuji was the one who prescribed the strong psychiatric drugs to treat their conditions.

Rebecca had been on the drugs since she was 2. She died on December 13, 2006 from a medication overdose.

During Michael’s Plymouth County criminal trial, the South Shore dad was portrayed as a bully who was verbally and physically abusive. Prosecutors said that he would order his wife to sedate the children when he wanted them to be quiet.

However, at their respective criminal trials, the Rileys portrayed themselves as following Dr. Kifuji’s medical instructions. They blamed pneumonia, and not the medication, as the cause of Rebecca’s death. Also, Michael’s criminal defense lawyer said that his client is suffering from bipolar disorder and his only involvement with the drugs included driving the kids to doctor appointments and submitting Social Security disability benefits for his family.

Father guilty in girl’s fatal drugging, Boston.com, March 27, 2010

GUILTY: Michael Riley gets life without parole for killing 4-year-old daughter, Wicked Local, March 27, 2010

Related Web Resources:
Timeline: Rebecca Riley Murder Case, MyFox Boston

VIDEO: Riley guilty of second-degree murder in death of 4-year-old daughter, Patriot Ledger, February 9, 2010

Continue reading "Rebecca Riley’s Father is Convicted of Massachusetts First-Degree Murder" »

One moment. One very bad moment following a very bad decision. Boston criminal defense attorneys see it every day.

That's all it takes to ruin, or even end, innocent lives....as well as guilty ones.

It is a lesson that we witness played out on the Commonwealth streets this past Monday. Now, here are two similar stories to show it is a lesson that is still being learned quite late.

Let’s take the case of Jonathan C. , 19, of Saugus (hereinafter, "Defendant1") for example.

Defendant 1 spent a very painful day in Lynn District Court this past week. He is now spending time in Commonwealth housing.

Defendant 1 pleaded guilty in a vehicular homicide matter which had caused the death of one woman and severely injured another. In open court, he apologized to the family on the other side of the tragedy, explaining, “There is not a day that goes by that I don’t think of it.’’

Continue reading "A Boston Criminal Defense Lawyer's take on Vehicular Homicide And Very Bad Moments" »

Some people just can’t keep out of trouble. Allegedly. There are studies, performed both in and out of Massachusetts, that say that there are indicators of some people’s future behavior. For example, some studies indicate that someone who starts out in life torturing and killing animals end up killing people. Allegedly. We lawyers call such people “repeat customers”.

Allegedly.

Anyway, let’s chat about Luigi E., 26, of East Boston (hereinafter, the “Defendant”). He’s in trouble again.

You see, back in 2008, he got into alittle trouble. He was accused of killing a cat named “Nunu”, setting its corpse on fire, and throwing it out a window. The convictions received for that little episode were for arson and malicious killing of a domestic animal.

“Hey, Sam! Allegedly, right?”

Well, I guess so. Of course, he apparently confessed to detectives that he had stomped Nunu to death, set it on fire, and tossed its remains through the window of a Princeton Street apartment building.

Continue reading "Kitty Killer Is Arrested On Drug Felonies" »

I thought this was an ironic follow-up to Monday’s blog. It involves a former official for the US Department of Homeland Security. She was just convicted in Boston of encouraging her illegal immigrant housekeeper to remain in the country.

She is Lorraine H., 52, (hereinafter, the “Defendant”). She had been Boston’s port director for Customs and Border Protection. The guilty finding was apparently a shock to both the Defendant and her attorney.

According to news accounts, her only comment was, “I’m stunned” .

Her lawyer’s comment was “I’m sick”.

The case carries an important message that we do not discuss that often on the Boston Criminal Lawyer Blog.

Continue reading "Attorney Is Sickened As Former Government Official Is Indicted And Convicted At Boston Federal Court" »

Has anyone else noticed that air travel has become a bit more tense in recent years? Gee, you go to Boston's Logan International Airport and you would think it had been involved in a terrorist act sometime over the past ten years or something! In fact, sometimes you feel you should bring a lawyer along just in case..

Some people find that they need a lawyer as they leave the airport.

Today's case in point is Paul P., 50 of Sanford, Maine (hereinafter, the “Defendant”). Last week, he ended Saint Patrick’s Day (Evacuation Day in Suffolk County) detained by the Massachusetts State Police at Logan.

The Defendant’s troubles began when he “accidently” lit a match on a flight bound for Logan that fateful night. This apparently occurred when he removed a book of them from his pocket during the flight.

Continue reading "Boston’s Logan Airport Is Scene Of Mystery Passenger And Pending Warrant" »

A 41-year-old registered sex offender has been arrested on charges of Massachusetts indecent assault and battery on a mentally challenged person and rape. Peter J. Duart was jailed on Martha's Vineyard.

He is a Level 2 sex offender. This means that Duart has been convicted of a sex crime that makes authorities think that he is in the mid level danger range when it comes to possibly offending again.

Massachusetts Sex Crimes
If you are charged with allegedly committing a sex crime in Massachusetts, know that prosecutors will likely aggressively pursue your case. Even if you did not commit the crime, there is a good chance that your reputation may be ruined and your relationships and professional life could suffer. This is why you should speak with a Boston sexual crimes lawyer as soon as possible.

You must get good legal representation. If you are convicted of the sex crime, you could end up in prison, be ordered to pay stiff fines, have to undergo counseling, and/or serve probation. You also will be permanently listed as a sexual offender on Massachusetts’ state registry. Anyone who goes to the registry will be able to access your name. If you have a prior conviction on your record, the charges against you and the sentence you may be ordered to serve can be enhanced.

Sex crime convictions that require that a person register as a Massachusetts sex offender:

• Aggravated rape
• Indecent assault and battery on a child under 14
• Indecent assault and battery on a person age 14 or over
• Indecent assault and battery on a mentally retarded person
• Rape of a child under 6 with force
• Rape
• Rape and abuse of a child
• Assault of a child with intent to commit rape
• Assault with intent to commit rape
• Kidnapping of a child
• Drugging persons for sexual intercourse
• Enticing a child under the age of 16 for the purposes of committing a crime
• Living off or sharing earnings with a minor prostitute
• Inducing a minor into prostitution
• A second conviction for open and gross lewdness and lascivious behavior (excludes a single or first adjudication as a delinquent juvenile prior to 8/1/92)
• Disseminating to a minor matter harmful to a minor
• Incestuous marriage or intercourse
• Unnatural or lascivious acts with a child under 16
• Posing or exhibiting a child in a state of nudity
• Aggravated rape
• Possession of child pornography

Registered sex offender nabbed on rape charge, Cape Cod Times, March 20, 2010

Information for Sex Offenders, Mass.gov

Related Web Resource:
Commonwealth of Massachusetts Sex Offender Registry Board

Continue reading "Registered Sex Offender Arrested for Alleged Massachusetts Rape of Mentally Challenged Person" »

Well, this week has not been particularly good on the streets of Massachusetts. At least three deaths in two days alone! Lots of fodder for lawyers.

“Well, of course not, Sam”, you tell me. It was raining to almost biblical proportions!”

Yes, well that ended on Monday. It’s been kind of sunny the rest of the week, which is when the deaths occurred.

For example, Bruce F., 46 of Salisbury (hereinafter, “Fatality #1”) was fatally injured when he was hit by a car after stepping into the right lane on Route 95 South in Newbury at about 7:30 p.m. on Tuesday night.

Continue reading "Attorney Sam's Take: Three Deaths On Massachusetts Streets In 48 Hours" »

Here’s a twist on the old saying, “it’s like pulling teeth!” A former Massachusetts dentist will now need a criminal defense attorney to defend against charges of “clipping” teeth..

I am referring to Michael C., 51, a dentist formerly of Fall River, but now of Maryland (hereinafter, the “Defendant”). Boston’s Attorney General has indicted the Defendant for a number of fraudulent…and related…criminal acts.

In short, the Defendant is charged with allegedly using paper clips in dental work and then billing Medicaid for the stainless steel posts he should have used. The Defendant also stands indicted on a charge of submitting additional false claims to the Medicaid program using other dentists’ provider numbers and illegally prescribing prescription drugs.

The complainants of the charges are two-fold. One, of course, is the program that was billed. The other are the actual patients who allegedly received the “treatment”.

Continue reading "Massachusetts Dentist Indicted After 8 Year Investigation For Assualt And Fraud" »

I live in the Boston area and, as I have mentioned from time to time, have kids. When I am not “fighting the good fight”, I try to spend some time with them. In this day and age, that will include some television. One of the shows we watch actually began when I was a kid…Scooby Doo.

Well, if your kids also watch the show, I suggest you hide today’s blog from them lest they lose all hope.

While on TV, Scooby is a hero, I have found a news story to shake the foundation of childhood fantasy.

Scooby has been arrested for heroin dealing.

Continue reading "Scooby Doo Named In Ongoing Boston-Area Drug Investigation - Experienced Defense Attorney Needed" »

“Sam….what gives? You tell us that the next day’s Boston Criminal Lawyer Blog is going to be an unhappy one and then you disappear for the rest of the week? You call this “daily”???”

I know, I know…sorry about that. Sometimes my responsibilities to my clients necessitate my irregular definition of the term “daily”. But, late as it may be…here is the tragic story to which I referred.

It is the tale of Geoffrey W., 31, an MIT staffer from Malden (hereinafter, the “Defendant”).

Last week, the Defendant was arrested in connection with the death of his 6-month-old son, according to Middlesex District Attorney Gerry Leone. He stands charged with murder

Continue reading "Boston Baby’s Death Brings Murder Charges And Jail To Senior MIT Staffer" »

A 33-year-old middle school teacher who says she had sex with a student has turned herself in to authorities. Amy Beck is charged with one count of oral copulation with a person under 16 and four counts of unlawful sex with a person under 16.

Beck, a David Starr Jordan Middle School teacher, says she and 14-year-old student were sexually involved with each other from March to September 2009. He was 15 when their alleged relationship concluded. The boy has confirmed that the sexual relationship happened.

The school teacher says that she decided to come forward because she had been feeling remorseful about what transpired. Beck is married and has children.

Her arraignment has been postponed until March 25. If convicted, Beck faces a maximum seven years in state prison.

Massachusetts Sexual Crimes Defense
There are some sexual relationships that are not as clear cut as the law would like them to be. This is why it is so important that you have an experienced Boston sexual crimes lawyer who knows how to provide you with the best defense. Even if you are not guilty of the crime that you are accused of committing, your reputation, career, and personal life may be damaged by the mere allegation of a sexual offense.

Your Massachusetts criminal defense law firm can conduct a thorough investigation of the case against you and help secure the best outcome possible for your case. A conviction for a Boston sexual crime can lead to years in prison, monetary fines, required rehabilitation, registration as a sex offender in Massachusetts, and the loss of a number of legal rights.

Guilt-Ridden Teacher Confesses to Sex With Middle School Student, ABC News, Mach 10, 2010

Calif. Teacher Turns Herself in After Alleged 6-Month Relationship With Student, Fox News, March 12, 2010

Related Web Resource:
The General Laws of Massachusetts

Yesterday, I had to go to a local Massachusetts Registry of Motor Vehicles. Now, I am a lawyer. I have some idea of how some of these things should work. I am also somewhat knowledgeable about the system, bureaucracy and red tape, including how simple things can be made very unsimple. The result? I walked out about 2 hours later (the ticket I was handed said I would be seen in 8 minutes) and with my goal still not reached. Not only that, but this inconvenience resulted in the first time I saw the clerk perform what I took to beng the closest she ever came to a smile.

What can one do? Well, today I can take the small step of delivering a blog about the RMV!

Well, sort of.

I direct your attention to Framingham, where sits a Middlesex grand jury which has returned indictments recently against Mr. Ahmed S., 30, (hereinafter, the “Defendant”). He had been arrested a month earlier due to an investigation which apparently revealed that he was falsifying drivers' licenses, the AG's office said.

Continue reading "Boston Attorney General Indicts RMV Clerk For White Collar Crimes" »

Lest you think that Amy Bishop is the only person being haunted by Ghosts of Boston-Area Criminal Allegations Past, let me discuss with you the case of Bob O. (hereinafter, the “Target”). Suddenly, the Target needs a lawyer. A good one. An experienced one.

It was the summer of 1976. Sam A. (hereinafter, “Witness”) recalls he was strolling down the Boston streets when he ran into his friend, the Target. The Target was with a 14-year-old lad that we will call “Youth”.

“Gee”, thought Witness. “It sure is odd to find [Target] with a 14-year-old…” and then the thought of said oddity dissolved inside Witness’ head.

Thirty years went by. Witness and the Target became closer and closer, sharing a passion for sports. Over the years, the Target built up quite a reputation as a standout coach for the powerhouse basketball team at Christ the King Regional High School in Queens, New York.

Well, it looks like the friendship has seen better days. You see, Witness is now cooperating with Boston prosecutors presenting evidence to a Suffolk grand jury that the Target repeatedly molested Youth all those years ago, while staying at the Sheraton Boston Hotel.

Continue reading "Grand Jury Investigation Into Past Boston Sexual Assault Underscores Need For Experienced Criminal Defense Attorney…Quick!" »

A second woman is now accusing Pittsburgh Steelers quarterback Ben Roethlisberger of sexual assault. The alleged incident is said to have occurred at a Georgia nightclub early Friday morning close to where the NFL player owns a home.

The football player and the alleged victim had been socializing with the same groups of people that evening. The woman, age 20, was treated at a hospital and then later released. She filed her complaint later that night.

No criminal charges have been filed against Roethlisberger, and investigators are looking into the allegations. Deputy Police Chief Richard Malone noted that the football player is not an official suspect in the case at this time, and witnesses are being interviewed. Roethlisberger’s agent has expressed skepticism that these latest allegation against the football player are true.

The Steelers quarterback is the defendant of a personal injury lawsuit accusing him of sexually assaulting another woman. The accuser, Harrah’s hotel employee Andrea McNulty, never filed a police report over the alleged incident and no criminal investigation ever took place. McNulty claims that the NFL player raped her after summoning her to his room to repair a TV.

Boston Sexual Assault Crimes
Sexual crimes are serious offenses that can lead to harsh punishments for those that are convicted of:

• Rape
• Statutory rape
• Sexual assault
• Child Pornography
• Prostitution
• Indecent Assault & Battery
• Cyber Sex Crimes
• Sex crimes involving children (ages 14 and under)
• Pornography
• Lewd Conduct

NFL star Roethlisberger accused of sexual assault, CNN, March 5, 2010

Andrea McNulty Accuses Ben Roethlisberger Of Sexual Assault, Huffington Post, July 21, 2009

Related Web Resources:
Ben Roethlisberger, NFL.com

Continue reading "NFL Football Player Ben Roethlisberger Accused of Sexual Assault " »

More bad choices in the Boston area. Another defendant who needed a lawyer.

And now…another statistic. one more white collar conviction.

Richard W., 42 (hereinafter, the “Defendant”) apparently worked as a practice assistant in the ear, nose and throat department of the Beth Israel Deaconess Medical Center. From January 2006 through April 2009, he is said to have stolen more than $1 million by stealing checks written to the department and by seeking fraudulent refunds for hearing aids and other items.

This is called the white collar crime of embezzlement.

On the 3rd, the Defendant pleaded guilty before the Honorable United States District Court Judge Joseph L. Tauro to one count of health care theft and embezzlement, the US attorney's office said in a statement.

Continue reading "Attorney Sam’s Take: Boston Federal Prosecution For Embezzlement Exemplifies Need For Experienced Criminal Defense Attorneys" »

Did you know that the Boston Criminal Law Blog is the number one read criminal law blog in Massachusetts? Thanks for that, by the way. Well, it looks like we need to tell our neighbors in Rhode Island about it too. After all, I began this week warning you about keeping your cool during…heated…situations.

I meant outside as well as inside.

Nevertheless, one day after I posted the blog, a Rhode Island woman allegedly threw her coffee onto a meter maid who was ticketing her car in Brookline.

Krystle C., 23, of Rhode Island (hereinafter, the “Defendant”) has been arraigned in Brookline District Court on charges of assault and battery with a dangerous weapon and assault and battery on a public employee. She was released on personal recognizance (no bail) and a further hearing was scheduled for April 5th.

Yes, the dangerous weapon was the coffee.

Continue reading "Boston-Area Parking Violation Results In Felony Assault With Weapon Charge" »

Well, the Boston Criminal Law Blog is likely to a be a bit shorter this week as we prepare for major battle in the criminal justice trenches later this week.

There is always time, though, to remind you that, even in the times of hottest temper, it pays to keep your cool. Here is an interesting little tidbit that caught my eye this past weekend.

Andre N., 21 of Westfield (hereinafter, the “Defendant”) is unlikely to be on time for work today. He had some trouble early Saturday morning. According to the authorities, the problem occurred at the ironically named “Fifth Alarm” strip club in Springfield. It would appear that he got alittle carried away, perhaps with the ambiance of his night out.

According to the police, the officers were working a detail at the club when a bouncer attempted to remove an unruly customer.

Yes, that would be our Defendant.

Continue reading "Massachusetts Strip Club Said To Be Scene Of Disorderly Conduct And Assault & Battery On Police Officers" »