Toll Free (800) 481-6199
Phone (617) 492-3000


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.

April 30, 2010

John Odgren Receives Life In Prison Without Parole for Massachusetts Murder of Schoolmate

Middlesex Superior Court Judge S. Jane Haggerty has sentenced John Odgren to life in prison without parole. Yesterday, a jury convicted the 19-year-old, who has Asperger’s syndrome and a history of mental illness, of Massachusetts first-degree murder.

The Princeton teenager fatally stabbed Lincoln-Sudbury 15-year-old James Alenson in 2007. The two boys teens didn’t know each other but they happened end up in the high school bathroom at the same time.

Odgren’s Boston criminal defense team had mounted an insanity defense, claiming that paranoia, depression, Asperger’s, and the fear of the number 19 are what compelled Odgren to attack the high school freshman. Now, his homicide lawyer is arguing that because Odgren was a juvenile when he stabbed Alenson, the life sentence he received should come with the possibility of parole. The teenager’s legal team is calling the sentence a violation of not just the Eighth Amendment but also of an international treaty that was signed by every United Nations members except for Somalia and the United States.

Massachusetts and Connecticut are the two US states where a child can be sentenced to life in prison without a parole. Citing constitutional issues, the Odgren murder defense team has filed a motion with Judge Haggerty to sentence him as a youthful offender. She has yet to rule on the motion.

Odgren is being sent to MCI-Cedar Junction, a maximum security facility in Walpole, while he waits for his permanent assignment. His criminal defense attorney wants him to stay in a mental health unit and is concerned for the 19-year-old’s well-being. People with disabilities are at risk of being victimized while in prison.

John Odgren sentenced to life in prison; lawyer concerned for safety, MetroWest Daily News, April 30, 2010

John Odgren guilty as charged, Boston Herald, April 30, 2010


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

The Children’s Law Center of Massachusetts

What's Unique about Asperger's Disorder?, Autism Society

Continue reading "John Odgren Receives Life In Prison Without Parole for Massachusetts Murder of Schoolmate" »

April 30, 2010

A Boston Criminal Defense Attorney Looks At The Question Of Whether The Antibullying Bill Is The Solution (Part Two)

Well, it looks like the state Legislature has unanimously approved the new state law cracking down on bullying. It must be a great thing, right? After all, it passed unanimously! How could so many politicians in the Boston area be wrong?

The legislation would require school employees to report all instances of bullying and require principals to investigate them. Now, how could that be a bad thing?

"Bullying is not new. Bullying has been with us from time immemorial”, explained Senator Robert O’Leary, the chairman of the Senate Education Committee. “But what has changed is that it appears to be more pervasive, more destructive By this, one would imagine he refers to the new cyber-bullying. In fact, it would appear that it used to be more violent. As for “destructive”? Well, recently two victims of bullying have tragically taken their own lives

"We're going to send out a message that this kind of behavior is not acceptable and the community needs to deal with it," O'Leary said.

Meanwhile, Representative Martha Walz, House chairwoman of the Education Committee, said the bill was "very strong legislation that will make a meaningful difference in the lives of children in our state."

"This is a day that we can be proud we have done something positive – to eradicate bullying and to demonstrate to this Commonwealth and to the nation that bullying will no longer be tolerated," said Representative John Scibak, whose district includes South Hadley, where the case of Phoebe Prince drew international attention to the issue of bullying.

Both the House and Senate had previously passed versions of the bill. A House-Senate conference committee on Wednesday released a compromise version.

The bill now heads to the governor's desk. A spokeswoman said Wednesday the governor would review the bill but considered passage of strong anti-bullying legislation "a top priority."

And so you have it, right? Short blog today. Nothing to say. All is good in the Commonwealth, or it will be as soon as this bill is law.

Well, maybe not so short after all. I have a few concerns.

Continue reading "A Boston Criminal Defense Attorney Looks At The Question Of Whether The Antibullying Bill Is The Solution (Part Two)" »

April 29, 2010

Ex-Salem Resident Convicted of Attempted Boston Rape of Woman in Massachusetts General Hospital Bathroom

A jury has convicted 40-year-old David Flavell of assault with intent to rape a Massachusetts General Hospital employee. The 40-year-old former Salem resident, who before this latest incident was already registered as a Level 3 sex offender, was accused of attacking the woman inside the Boston hospital’s lobby bathroom last October. The jury also convicted Flavell of Massachusetts assault and battery and two counts of assault and battery with a dangerous weapon.

Prosecutors said that Flavell, who was waiting outside the woman’s restroom, followed the victim inside and placed an “out of order” sign on the door. They say that he pushed the victim’s head against the floor, tore her pants, hit her on the face, and tried to rape her before she got away. The Suffolk County District attorney’s office said that the “dangerous weapon” reference refers to the floor and the wall.

Because this is not Flavell’s first criminal offense, he could be sentenced to life in prison rather than the 20-years prison sentence that comes with a first conviction of assault with intent to rape. During the mid-1990’s, he was arrested in Salem for lewd sexual acts. He was convicted in Essex County in 1998 of assault with intent to rape. He was also arrested in Salem and Methuen six times for allegedly sexually pleasuring himself on clothes that were hanging in local stores. He was arrested in Salem in 2003 after he called a help line and said he was worried about what he might do. He was charged with making a false report. During a 2006 criminal trial, a Massachusetts Superior Court Judge determined that Flavell wasn’t a sexually dangerous person. Flavell was arrested in 2008 for peeping into a women’s stall at a Braintree bookstore.

Former Salem man convicted in sex assault case, Eagletribune.com, April 30, 2010

Sex offender convicted in MGH attack, Boston Herald, April 29, 2010


Related Web Resource:
Chapter 265: Section 24. Assault with intent to commit rape; weapons; punishment; eligibility for furloughs, education, training or employment programs, The General Laws of Massachusetts

Continue reading "Ex-Salem Resident Convicted of Attempted Boston Rape of Woman in Massachusetts General Hospital Bathroom " »

April 29, 2010

A Boston Criminal Defense Attorney Must Ask…Is The Antibullying Bill, Now Leaping Over Legislative Hurdles, the Solution? (Part One)

Oboy! It’s so exciting to solve age-old presumably unsolvable problems! Here in the Boston area, we seem to be doing just that. Can it be that our government is going to come up with really well-thought-out solutions and reduce the need for lawyers running around in civil and criminal courtrooms dealing with the fallout?

Sure. We’ve also finally outlawed the Ozone Layer.

Sweeping ant bullying legislation is poised for passage after lawmakers have struck agreement on a measure that proposes to require school employees to report all bullying incidents and require principals to investigate them. And that's just for starters!

The bill now moves to the House of Representatives and Senate, where it is expected to win overwhelming approval any minute now.

Governor Devil Patrick has also voiced strong support for the bill, which gained momentum after the highly publicized deaths of 15-year-old Phoebe Prince and 11-year-old Carl Joseph Walker-Hoover, who took their own lives after being bullied.

Representative Martha Walz, the bill's primary author, said the mandatory reporting requirements will help deter bullying and prevent it from reaching dangerous proportions.

Gee, and I thought the indictments against 9 kids brought by certain very public super-heroic district attorney was supposed to have done that…!

Continue reading "A Boston Criminal Defense Attorney Must Ask…Is The Antibullying Bill, Now Leaping Over Legislative Hurdles, the Solution? (Part One)" »

April 28, 2010

Dilemma Of A Boston Criminal Defense Attorney In A Murder Trial

There were a few fireworks yesterday in Middlesex Superior Court in Woburn, Massachusetts. Attorneys argued over the topics of the defense attorney’s proposed summation. The Judge agreed with the Commonwealth and overruled the objections voiced by the defense.

The setting was Commonwealth v. John Odgren. The charge is Murder in the First Degree. We discussed this matter at the onset of the trial. Young Mr. Odgren, 19, (hereinafter, the “Defendant”) now awaits a jury’s verdict in his stabbing of another youth to death in school.

The Defendant admitted to the stabbing. However, the defense is that he was not criminally responsible for the homicide because he was insane.

The debate was what the jury could be told about the result should they return a verdict that he was not guilty by reason of said insanity. The defense attorney wanted to be able to argue to the jury that, if they returned such a verdict, that the Defendant would not simply be freed to go out and kill again. This, of course, is a common misunderstanding of the law, and one that can cost a mentally handicapped person liberty-by way of state prison- for the rest of said person’s life.

Continue reading "Dilemma Of A Boston Criminal Defense Attorney In A Murder Trial" »

April 27, 2010

T-Crash May Result In Alcohol Related Charges For Boston College Students

Tempers sure are flaring now that it is known that no serious injuries resulted from the collision between a Green Line MBTA train smashed into a jeep! Transit officials are crying “Foul!” against the athletes who had been in the jeep. Crimina-Defense-Attorne- Needing-type-Foul.

The crash took place this past Sunday around midnight as a Green Line trolley driver, traveling about 30 miles per hour, was heading westbound en route to stop at Greycliff Road and Commonwealth Avenue in Brighton. Yards from the Greycliff Road crossing, the driver says he noticed a black Jeep Cherokee at the intersection at Commonwealth Avenue.

According to an MBTA transit police report, the driver sounded the horn five times and then engaged the emergency stop. The jeep's driver cut in front of the train as if attempting to make a U-turn onto Commonwealth.

WHAM!

The trolley struck the side of the Jeep, pushing it back onto Commonwealth Avenue. When the jeep stopped, according to the report, some of the its occupants got out, grabbed items that appeared to be alcoholic beverages, and then fled down Greycliff Road.

Continue reading "T-Crash May Result In Alcohol Related Charges For Boston College Students" »

April 26, 2010

The Boston Criminal Lawyer Blog Returns To Multiple Assault, Battery And Disorderly Conduct Arrests

As I was recovering from a blog-free week this weekend, folks in Lawrence, Massachusetts, were gearing up and creating work for various defense attorneys. In fact, according to the police, over 100 people were involved in the resulting melee.

The brawl took place in a Lawrence nightclub, Club Rio, during the wee hours on Saturday. By the time it was under control, several were injured, arrested or both. Dozens of people were injured, but medics who checked them said none of the injuries were serious enough to require hospitalization

Fourteen people now face criminal charges from the event. While the fight apparently began between a few people, more than 100 folks were participating by its end by throwing punches, kicking each other, smashing bottles and hurling chairs.

In fact, the fight was so big that Lawrence Police Chief John Romero says that every available officer had to respond to the fight, which they described as one of the most violent melees they have witnessed. It remained under investigation Sunday.

Continue reading "The Boston Criminal Lawyer Blog Returns To Multiple Assault, Battery And Disorderly Conduct Arrests" »

April 21, 2010

Cameron Douglas, Son of Michael Douglas, Gets Reduced Sentence of Five Years in Prison for Drug Conviction

Cameron Douglas, the eldest son of movie star Michael Douglas, is sentenced to five years in prison sentence. Earlier this year, the 31-year-old had pleaded guilty to distributing large quantities of methamphetamine and cocaine.

Although Cameron’s drug crime conviction comes with a minimum 10-year prison sentence, his father, mother, stepmother Catherine Zeta-Jones, grandfather Kirk Douglas, and other family members wrote to the court asking that the judge show leniency and reduce the young actor’s criminal sentence.

In a letter to the judge, Michael Douglas explained that his family had a history of alcohol and drug abuse and that being the son of a movie star dad undoubtedly created added pressures in Cameron's life. The 65-year-old actor also noted that his son, who has been in jail for the last 8 months, is now sober.

Cameron was arrested last year after a drug raid was conducted on his New York hotel room. According to investigators, he was paid tens of thousands of dollars to traffic methamphetamine across the US. He used shippers to conduct the transactions.

Because Cameron had cooperated with authorities, the length of his prison term didn’t have to meet the mandatory minimum sentencing requirement. The judge, who had discretion in the matter, decided to reduce the actor's sentence.

Massachusetts Drug Crimes
It is so important that you are a represented by a Boston drug crimes law firm that can successfully defend you. There may be evidence that can be suppressed or dismissed, charges that need to be dropped, plea agreements that can be made in your favor, a not guilty verdict that can be won, or a prison sentence that can be reduced.

Cameron Douglas Sentenced to Five Years in Jail, ABC News, April 20, 2010

Cameron Douglas Pleads Guilty to Meth Rap, CBS News, January 28, 2010


Related Web Resources:
Drug-Related Crime, WHite House Drug Policy

Drug Crimes, Justia

Continue reading "Cameron Douglas, Son of Michael Douglas, Gets Reduced Sentence of Five Years in Prison for Drug Conviction " »

April 18, 2010

Nancy Kerrigan’s Brother Enters Not Guilty Plea to Manslaughter Charge Over His Father’s Death

Mark Kerrigan, 45, has pleaded not guilty to the criminal charge of Massachusetts manslaughter. Mark is the brother of figure skating champion Nancy Kerrigan. Their dad, 70-year-old Daniel, died following an altercation with Mark at their Stoneham residence. The Kerrigans are adamant that Mark should not be blamed for his father’s death. They say that he should never have been indicted, and they want him to come home.

Mark’s Boston criminal defense lawyer says that Daniel died not because of his argument with his son but because he was having heart problems. The elder Kerrigan had clogged arteries and high blood pressure.

Prosecutors, however, claim otherwise. They say that Mark flew into a drunken fury during a dispute with his dad about using the telephone. They are accusing the 45-year-old of pushing his father, fracturing the elderly Kerrigan’s larynx, and causing him to fall onto his ground. A state medical examiner declared "cardiac dysrhythmia” as Daniel’s cause of death.

While prosecutors worry that releasing Mark into the care of Brenda Kerrigan, his mom, would endanger her, his Boston manslaughter attorney calls the concern “absurd” and an obvious effort to “poison public opinion” against her client. Mark’s Massachusetts criminal defense lawyer also contends that Daniel’s fractured larynix may have been a pre-existing injury rather than as a result of their dispute. She also expressed concern that her client was being portrayed as a violent alcoholic.

Mark, an unemployed plumber, has a criminal record involving convictions for assault and battery, drunk driving, a restraining order violation, resisting arrest, and domestic assaults. He was also being treated for post-traumatic stress syndrome and received psychiatric help.

Kerrigan returns home to mother, Boston.com, April 10, 2010

Kerrigan brother pleads not guilty to manslaughter, AP, April 9, 2010

Related Web Resources:
Nancy Kerrigan's Father Dead, Brother Arrested, ABC News, January 25, 2010

The General Laws of Massachusetts

Continue reading "Nancy Kerrigan’s Brother Enters Not Guilty Plea to Manslaughter Charge Over His Father’s Death" »

April 17, 2010

John Odgren’s Massachusetts Murder Trial is Underway

The prosecution rests in John Odgren’s Massachusetts murder trial. The 19-year-old Princeton resident fatally stabbed 15-year-old James F. Alenson, fellow student at Lincoln-Sudbury Regional High School on January 19, 2007. Odgren, who was 16 at the time of the fatal stabbing, has pleaded not guilty by reason of insanity.

While Odgren doesn’t deny stabbing Alenson, who he didn’t know and just happened to encounter in a boys’ bathroom that day, his criminal defense team is arguing that he cannot be held criminally responsible for his actions because he isn’t sane enough. Odgren’s Massachusetts murder attorney called him a “geeky” bully magnet who was ‘psychotic' and 'delusional' when he stabbed Alenson. One witness testified that on the day that the murder happened, Odgren had watched a violent video showing cartoon characters stabbing and shooting each other and that red blood blasted out of their injuries.

Odgren has a mild form of autism known as Asperger’s and suffers from depression. He also has developmental disabilities and is mentally ill. Bipolar disorder runs in the family. His mother has it. Four of his relatives ended up committing suicide.

Odgren randomly picked Alenson as his target on the day that he came to school with a butcher knife (a 12-inch knife with a near-8 inch blade). The 15-year-old freshman sustained multiple stab wounds, including wounds to the liver, lung, and heart, and defensive wounds. He died on the bathroom floor.

Jurors in Middlesex superior Court are tasked with deciding whether Odgren is guilty of murder or should be found not guilty due to lack of criminal responsibility. Prior to Alenson’s murder, Odgren had never been in trouble with the law. He was the one who was the target of ridicule and bullying by other kids.

Classmate: Odgren said ‘I'm not going to kill you’, Boston.com, April 14, 2010

Gruesome crime scene, painful death described in Odgren, Boston Herald, April 16, 2010

Prosecution Rests In Odgren Trial, WBZ, April 16, 2010

Related Web Resources:
Asperger's Disorder

Bipolar Disorder, National Institute of Mental Health

Continue reading "John Odgren’s Massachusetts Murder Trial is Underway " »

April 16, 2010

A Boston Criminal Defense Lawyer’s Take On Bullying, Criminal Charges And Credibility (Part One)

Earlier this week, when I said “ Tomorrow: Back To Bullying!” in the Boston Criminal Lawyer Blog I had intended to be writing myself about the South Hadley Bullying/Indictments issue. Unfortunately, this week’s schedule made it impossible for me to do so...for a few days (sorry about that). In the meantime, though, it would appear that just about everybody else was covering for me.

In an article today, the Boston Globe puts the cap on the week’s coverage by declaring that “Witch hunts won’t bring Phoebe Prince back”.

The article went on to discuss how the local world has spent the week condemning South Hadley school administrators for the girl’s tragic suicide. Apparently, the Globe indicates that said “witch hunters” are passing such judgment without benefit of all the facts, going further to explain that, under the law, school officials are constrained in what they can say about students or the school’s actions.

Since I have spent some time over the past couple of years condemning witch hunts, the article caught my attention. Let me review some of the history of this matter for you.

Continue reading "A Boston Criminal Defense Lawyer’s Take On Bullying, Criminal Charges And Credibility (Part One)" »

April 12, 2010

A Boston Criminal Defense Attorney’s Take On Choosing Your Trial Lawyer(Part Two)

On Friday, the Boston Criminal Lawyer Blog began describing things to consider when deciding on a defense attorney who will bring your case to trial. When we left off, I had been addressing those defense lawyers who, perhaps in an effort to combat perceived arrogance from the prosecution, approach the jury with an air of superiority.

I have met clients who feel that this is a good thing. After all, who wants a timid advocate arguing it was their client who was the true victim and only whacked the deceased with a hammer 21 times in self-defense after the client was assaulted first?

Similarly, many clients feel they want to retain an attorney who’s very persona screams “LAWYER!!!”.

While that may be great for a non-jury case which must be decided primarily on the law, perhaps on search and seizure grounds, it is generally not the right approach for a jury trial.

Think about it. Jurors are random people chosen to judge your case. They do not know you. They are supposed to be your peers, so they probably react to many things in a similar manner to you. Do you tend to trust attorneys? How about if you were sitting in the jurors’ seats? You may well be a fanatic like Nancy Grace who seems to feel that innocent people do not get charged with crimes.

Are you most likely to trust someone who reminds you every time they open their mouths that they are a paid mouthpiece who is simply there to “get their client off”?

Continue reading "A Boston Criminal Defense Attorney’s Take On Choosing Your Trial Lawyer(Part Two)" »

April 9, 2010

A Boston Criminal Defense Attorney’s Take On Trial Counsel (Part One)

The big day has arrived! It is your Constitutional right! You go on trial today! You just sat as the Boston prosecutor verbally toasted you on a stick in his opening statement. Now, you sit in anticipation as your lawyer approaches the jury panel.

He clears his throat. Always a crowd pleaser.

“Uh…..hi”, he tells them. “My name is Michael Mumbles and I represent…him.”

He gestures to you with his head, almost apologetically. It occurs to you that this was the same man who was pounding on his desk mere months ago, promising you a win and that he would "take no prisoners".

“Just because they accuse my client of these things does not mean that he did them, you know”, he continues. He then launches into a monotone drone that focuses on legal terms and technicalities that would put even the most eager law student to sleep.

Something tells you you’re in trouble.

Continue reading "A Boston Criminal Defense Attorney’s Take On Trial Counsel (Part One)" »

April 8, 2010

Three Boys and Two Men Charged in Gang-Rape of 7-Year-Old

Two adults and three underage teen boys have been charged in connection with the gang-rape of a 7-year-old girl. The alleged victim’s 15-year-old stepsister has been charged with aggravated assault, promoting prostitution, and other crimes related to the case.

According to police, the 7-year-old was worried about her stepsister’s safety and went with her to a party. The teen had sex with a number of men in exchange for payment and also charged them to touch the 7-year-old. Police say that the touching became forcible sex and that seven men ended up raping the young girl. The men are accused of threatening to kill the 7-year-old if she screamed or reported the incident.

Among those arrested are 20-year-old Gregory Joseph Leary and 19-year-old Timear Lewis. The others that were apprehended are ages 17, 14, and 13. All five of them were charged with child endangerment and aggravated sexual assault. Leary has also been charged with having sex with a juvenile (the 15-year-old) too young to consent. The assault allegedly took place on March 28.

Even though nearly everyone arrested are juveniles, prosecutors may attempt to try everyone as adults.

Massachusetts Sex Crimes
You could find yourself in big legal trouble if charged with a Boston sexual assault crime. A conviction can lead to years in prison and a lifetime on the Massachusetts Sex Offender Registry Board, which will brand you as a convicted sex offender. It can be difficult to move on even after you have already completed your sentence and other penalties.

Outrage Follows Arrests in Rape of 7-Year-Old New Jersey Girl, ABC News, April 4, 2010

Five Charged in N.J. Child Rape Case; Girl, 7, Allegedly Pimped by Teen Sister, CBS News, April 5, 2010

Six Arrested After Girl, 7, Is Gang-Raped in New Jersey, The New York Times, April 3, 2010


Related Web Resources:
Massachusetts Law about Sex

Study: Many sex offenders are kids themselves, USA Today, January 5, 2010

Continue reading "Three Boys and Two Men Charged in Gang-Rape of 7-Year-Old " »

April 7, 2010

Massachusetts Jury Being Selected In High School Murder Case

Last week, the Boston Criminal Lawyer Blog spent the week discussing the issue of bullying and the over-reactive indictments paraded before a hungry audience by a local district attorney.

Today, we return to high school. This time it is another high school though. The academic institution involved this time is the Lincoln-Sudbury Regional High School. Yesterday, jury selection began in Woburn for the trial of John O., (hereinafter, the “Defendant”) who stands accused of stabbing a 15-year-old youth to death at the school. The Defendant was 16-years-old at the time.

The stabbing took place inside a high school bathroom in 2007.

The defense is not the typical “It wasn’t me” or, “It was self-defense”.

The defense is apparently that of diminished capacity. The Defendant was apparently a special education student who had been diagnosed with Asperger's Syndrome, a mild form of autism, and attention deficit disorder. More specifically, the defense says that his mental status left him unable to conform to the societal rules of behavior, especially when considering committing violent acts.

Continue reading "Massachusetts Jury Being Selected In High School Murder Case " »

April 6, 2010

Boston District Attorney Declares Shooting Death Amid Gunfight Was Suicide, Not Homicide

There comes a time when any Boston criminal defense attorney is knocked almost speechless.

Almost.

Fortunately, this one can still write when that happens. It would appear that the law enforcement entities have come together and resolved several of the questions posed in yesterday’s Boston Criminal Lawyer Blog. The solution, though, reminds me of a famous escape scene from the movie “Blazing Saddles”, when the hero of the story, a black sheriff, is out-gunned and he puts his own gun to his head and says, “Make one move and the (“N-word”) get’s it!”

On the other hand...anything is possible.

I am referring to the findings announced yesterday by the Suffolk County District Attorney that 19-year old, apparently Cape Veridan, Manuel D. (hereinafter, the “Deceased”) shot himself in the head, killing himself, because police officers wanted to talk to him.

Continue reading "Boston District Attorney Declares Shooting Death Amid Gunfight Was Suicide, Not Homicide " »

April 5, 2010

Boston Police Shoot Alleged Gang Member In Possession Of Gun

It is always a serious situation when an officer fires his or her weapon in the Commonwealth. This one is no different. Boston Police are continuing their investigation of a police-involved shooting in the Boston area (Dorchester) over the weekend which left 19-year-old Manuel D. (hereinafter, the “Deceased”) dead. While we wait for the investigative dust to settle, we know one thing...lawyers will soon be involved.

"Based on preliminary investigation, it appears he fired on us, and officers returned fire," said Eddy Chrispin, a Boston Police spokesman. He further related that the Deceased was part of a group of men standing on a corner who were approached by police. He is said to have fled when officers drew near at around 9:41 p.m.

An unnamed police source also relates that the officers believed the teenager was involved in some of the gun-related violence that has been plaguing the area over the last couple of weeks and was being pursued for that reason when the gunfire exchange occurred.

Well, that’s one perspective. As usual, there are others..

According to some witnesses, the Deceased had actually gone to a memorial in Dorchester for a close friend of his who had recently died. Moments after he had arrived at the memorial, the deadly shoot-out with the police occurred.

One witness who grew up with the Deceased near the site of the shooting said that he and several friends were standing by the memorial when heard two shots ring out and saw numerous police officers rush in their direction. “Then there were more shots and more shots,’’ the witness described. “They didn’t have to shoot him like that, 15 times. He was running away and they just kept shooting at him.’’

Continue reading "Boston Police Shoot Alleged Gang Member In Possession Of Gun" »

April 2, 2010

A Boston Criminal Defense Lawyer’s Take On Anti-Bullying Laws

This week, the Boston Criminal Lawyer Blog has focused on what so many in Massachusetts and beyond have been talking about. The topic is “bullying”. It is a somewhat vague term that schools and summer camps have endured since we decided to group kids together in one place.

For some reason, though, we do not care about summer camps for now, so we continue to simply focus on schools because that was the setting of the recent suicide.

Some other states are actually looking at us in wonder. They are wondering why it has taken us so long to “catch up”. You see, some other states already have laws banning bullying. By the way, some other states still have laws on the books banning “copulation” too.

I kind of like to look at Massachusetts as a Commonwealth that does not need to mindlessly follow the lead of other jurisdictions though. After all, we were the first state to legalize gay marriage. We have recently realized that having a small amount of marijuana for personal use is not necessarily a threat to humanity (although for someone to have given it to someone for their personal use is…but that is a different topic).

The point is that we, as an independent state, can think for ourselves. What I am trying to urge with this is topic is that we do actually think. Not simply act by knee-jerk and not make decisions based on publicity or political goals.

Nine kids are already indicted. Unless there is a dismissal, they are most likely already done. Once they are arraigned, their record is marked and will be for many years. I’ve kicked that dead pony enough this week. Let’s just make one last point on it before we move on to the legislature’s attempts to curtail bullying.

Continue reading "A Boston Criminal Defense Lawyer’s Take On Anti-Bullying Laws" »

April 1, 2010

Investigations Into Massachusetts Bullying Indictments Continue To Spread Guilt

People are furious in and out of Massachusetts. The people of Ireland are angry at South Hadley, Massachusetts. The people of South Hadley are “enraged” at South Hadley High School. District Attorney Elizabeth Scheibel, daring da from Western Massachusetts, is angry at nine kids. Oh yeah, speaking of the 9 kids who get to have their lives ruined next Tuesday…I wonder who they are made at. Maybe their attorneys will tell us during the arraignment.

You see, something that I pointed out in the Boston Criminal Lawyer Blog yesterday has begun to dawn the local populace. The daring da’s annulment of criminal culpability and earlier admissions aside, it turns out that staff members at the school did know that the late Phoebe Prince was the target of harassment long before her death.

And so, not missing a beat, residents and public officials have been begun to angrily accuse the school system of neglecting vulnerable students and have called on top administrators to resign. “Now we find out they knew all along, and did nothing,’’ said Joe Marois, who runs a local construction company. “People are just bewildered they didn’t step in, and are wondering why they weren’t included with the students in the prosecution.’’

Is the next step a superseding criminal indictment by the daring da? Perhaps the legislature will begin work on a new ANTI-TURNING-YOUR BACK WHEN PEOPLE IN YOUR CHARGE ARE BEING HARASSED bill.!

Continue reading "Investigations Into Massachusetts Bullying Indictments Continue To Spread Guilt" »