Boston Criminal Lawyer Blog

Karen M. Tucker, a woman accused of running a bridal show scam in Boston, has agreed to plead guilty to federal wire fraud and identity theft charges. Tucker is accused of running a company called Boston 411 in an attempt to defraud exhibitors and commercial advertisers. As part of her plea bargain, prosecutors will ask a federal court judge to sentence her to 36 to 57 months in prison.

Tucker is accused of telling exhibitors and advertisers that thousands of would-be grooms and brides and paid in advance to attend a bridal expo at the Hynes Veterans Memorial Convention Center. The event was supposed to take place in March 2010. According to the United States Attorney’s Office District of Massachusetts, Tucker deceived the agency that books events at the Boston convention center into thinking that Boston 411 was actually holding a bridal convention there. Tucker reportedly never completed the reservation she’d made at the center, and instead, “strung along” the booking agency, which in turn continued to assure exhibitors that the event was scheduled to happen. Prosecutors contend that the Boston fraud was part of a larger scam involving similar schemes in other US cities.

Some 100 to 200 wedding industry vendors paid Tucker $350 to $4,000 to run booths at the show. Exhibitors also gave her fees, which she used to cover personal expenses.

Tucker was charged with identity theft because she allegedly stole someone’s credit card number and used that person's name to pay for a Boston 411 Web site. She is accused of using another person’s name to register a Paypal account.

The plea agreement will be presented in federal court in Boston in the next couple of weeks. If Tucker had been convicted by a jury, she could have faced up to 22 years in prison, 3 years of supervised release, a minimum $250,000 fine, forfeiture of assets, and restitution.

Pittsburgh Woman in Bridal Convention Scam Agrees to Plead Guilty, Justice.gov, September 28, 2010

Woman behind bridal scam to plead guilty to wire fraud, ID theft, Boston.com, September 29, 2010

Related Web Resources:
Identity Theft and Identity Fraud, US Department of Justice

Fraud by wire, radio, or television, Cornell University Law School

Continue reading "Woman to Plead Guilty to Federal Wire Fraud and Identity Theft Over Boston Bridal Show Scam" »

...And so the bullying battles in South Hadley rage on. You may remember South Hadley. Last year, Phoebe Prince, new to our shores, committed suicide there. Immediately, the finger of blame was pointed at schoolmates who had been bullying her. Almost as immediately, the local District Attorney, Elizabeth Scheibel (hereinafter, the “Heroic Prosecutor”) noticed the opportunity to make some headlines (no matter the cost) and took the extreme step of indicting those kids.

Later, we found out that Ms. Prince had already been a troubled young lady who had apparently attempted suicide in the past.

No problem. The media spotlight had already shown. The indictments stand. In fact, they will most likely continue to stand (or show) on the kids’ records for the next 15 years or so.

This was supposed to be a sharp message of intolerance to bullying according to the Heroic Prosecutor.

Apparently, it wasn’t. Bullying in the schools continued. We wrote about that. No change. In fact, to the contrary, it inspired new and rushed legislation that also enabled our
politicians to not only garner their share of the spotlight, but to give us “No Name-Calling Day”, a new holiday their brave and “tough” statute proclaimed.

Oh yes, and all kinds of confusion that the rushed law left in its wake which people are still trying to figure out how to deal with.

Continue reading "MA Bullying Meets Disorderly Conduct From School Committee Meeting To Federal Court" »

In yesterday’s Boston Criminal Lawyer Blog, I discussed a bank manager and his buddy who have found themselves in the sites of the Massachusetts criminal justice system. The charge was assault and battery with a dangerous weapon, to wit a hammer and a football.

Today, it is a Massachusetts state trooper who has caught our attention. Same crime, although with the addition of drunk driving. This time, though, it the weapon is a gun…and, yes, shots are fired.

Timothy W., 41, (hereinafter, the “Defendant”) is a Massachusetts state trooper who is a decorated war hero. Yesterday, he was released on personal recognizance after being arraigned on charges that he allegedly drove drunk, crashed his car on a Dorchester street, pointed his gun at a Boston police officer, and later fired his gun into the ceiling of his home.

About a dozen family members, friends, and co-workers, including at least five men in military uniforms, attended the hearing in Dorchester District Court.

Clearly, this is not the tale of a bully dressed in blue, getting caught abusing power and demonstrating an abundance of attitude. It would appear that it is the tragic story of a man in real need to be helped.

Continue reading "A MA State Trooper, Suspected Of OUI, Threatens Fellow Officers With Gun And Then Fires...!" »

Last Friday morning, Boston was the scene of an alleged attack upon a street cleaning vehicle. This was a felony –type assault, complete with dangerous weapons.

The identity of the suspects, though, might surprise you.

Both gentlemen, Craig S., 23, and Piero P., 26, (hereinafter, collectively, the “Defendants”), are from Lynn. One of the two is a bank manager.

Well, at least, he was...

Anyway, the Defendants have pleaded “not guilty”. The case is currently pending at the Boston Municipal Court.

According to the prosecution, The Defendants were arrested by Boston police around 1 a.m. after they allegedly attacked Warren M., (hereinafter, the “Complainant”), the driver of a street cleaning truck.

Continue reading "A Boston Criminal Attorney Discusses MA Assault And Battery With A Dangerous Weapon Case" »

Worcester police detectives have arrested and charged two people in connection with the shooting death of Michelle Diaz. The 21-year-old Worcester State College student was sitting in her car when she was shot in the neck. She died several days after the incident.

The two men arrested, 23-year-old William Madison and 24-year-old Cassie Ago, are each charged with one count of accessory before the fact to armed robbery and one count of accessory before the fact to murder. They are to be arraigned on Monday.

Police do not believe that Madison or Ago were involved in Diaz’s shooting. They do, however, think they were involved in events that led to her Massachusetts murder. They are still looking for the alleged shooter.

Accessory Before the Fact
An accessory before the fact usually involves the commissioning of or providing aid to a felony. Under state law (Massachusetts General Laws Chapter 274, Section 2), the maximum penalty for accessory before the fact is the same as that of the principal felon of the actual crime. It is the prosecutor’s job to prove beyond a reasonable doubt that someone else (not the defendant) committed the crime and that the defendant either hired, advised, or played some other role that allowed that person to commit the felony and did so with the same intent that he/she would have had if he/she actually committed the crime.

2 Arrested In Connection With Deadly Neck Shooting, The Boston Channel, September 25, 2010

Murder charges lodged in college student death, Telegram.com, September 25, 2010

Related Web Resource:
Massachusetts General Laws Chapter 274, Section 2

Continue reading "Two Men Arrested in Connection to Worcester State College Student’s Massachusetts Shooting Death" »

In Boston Municipal Court today, Piero G. Procopio and Craig S. Strasnick pleaded not guilty to Massachusetts assault and battery with a dangerous weapon charges. The two men are accused of taking a football and a hammer and attacking Warren McMasters, who drives a street cleaning truck.

The attack allegedly occurred in Boston in the early hours of the morning. McMasters, who works for American Cleaners, says that he was driving the wrong direction down Surface Street when a vehicle drove up and blocked the road. Suffolk Assistant District Attorney David M. Givskud says that the two men then exited the SUV and allegedly attacked McMasters before driving off.

Police later saw their vehicle North Washington Street. They found a football and a hammer inside the SUV. McMasters, who sustained bruises and cuts from the alleged attack was treated at a Weymouth hospital and then later released.

Boston Assault and Battery
In Massachusetts, no actual physical injury has to have occurred for an assault and battery charge to be filed against someone. “Assault” can refer to the threat of violence even if no actual physical contact takes place. “Battery” refers to physical contact where the alleged victim did not give consent. To be charged with Massachusetts assault and battery with a deadly weapon, any object allegedly involved that can be used as a weapon can fall under the “deadly weapon” category.

Two men attack driver of streetcleaner with football and hammer, prosecutors say, Boston.com, September 24, 2010

2 Arrested In Hammer Attack On Street Sweeper, WCVB, September 24, 2010

Related Web Resources:
Massachusetts General Laws, Massachusetts Trial Law Libraries

Assault, Justia

Continue reading "Two Men Plead Not Guilty to Boston Assault and Battery of Street Cleaner" »

I have been breaking a new Massachusetts Motor Vehicle Law. Chances are, so have you.

Well, that’s sort of true. Actually, the law does not go into effect until next week. September 30th to be exact. You may have seen some of the message boards that have been posted about it.

They read, "TEXTING WHILE DRIVING IS AGAINST THE LAW."

That’s right, no more texting while driving starting next week.

“Oh, Boy”, I can hear you say. “Sam’s about to go off about a new and ‘unnecessary’ law!”

Believe it or not, that is not the case.

Continue reading "Attorney Sam’s Take: Confession Of A Boston Defense Lawyer In The Face Of New Motor Vehicle Law" »

As I have often written, one does not always know either when there is a Massachusetts criminal investigation or even an arrest warrant in existence in one’s name. There are various ulterior motives out there by which potential witnessesare guided to give evidence against you.

And law enforcement tends to know all about them and how to use them. After all, it is one of the things of which prosecutions are made.

Let’s take the most common such motive–fear. We turn our collective heads a bit to the north to learn about William M., an 18-year-old (hereinafter, the “Witness”) of New Hampshire. The Witness’s lawyer has announced that he has struck a deal with prosecutors to testify against two companions who allegedly led a home invasion that resulted in the killing of a nurse and the maiming of her 11-year-old daughter at New Hampshire house.

The Witness has agreed to plead guilty to being an accomplice to first-degree assault, murder conspiracy, and burglary conspiracy, and faces 30 to 60 years in prison, according to his Massachusetts lawyer. In exchange for the Witness’ cooperation, prosecutors have dropped the most serious charge he faced, being an accomplice to first-degree murder, which carries a maximum penalty of life without parole.

Continue reading "MA Students And NH Murder Defendants Need Expert Legal Attention" »

A Winchester gentleman is probably reconsidering last week's recent trip to Boston. This would be because his adventures therein have brought him not only forced monthly visits to Beantown, but also the need for a criminal defense attorney and a couple of blots on his criminal record concerning a certain robbery.

In other words, he was arraigned on Monday.

I am referring to Mr. Ernest G., 28 (hereinafter, the “Defendant”).

You see, the Defendant is now facing criminal charges for allegedly trying to steal a 73-year-old Marblehead woman’s bag in Boston’s South End. Of course, according to the Commonwealth, said theft did not go so well.

When the Defendant allegedly grabbed the bag near the intersection of Columbus Avenue and Yarmouth Street, he fled toward the Southwest Corridor. When he did so, The woman’s grandson and granddaughter ran after him, as did a police officer.

Continue reading "Attorney Sam Reviews A Recent Boston Unarmed Robbery After Arraignment" »

Some MA folks think that the authorities only conduct criminal investigations into drug operations when the drugs, themselves, are illegal, such as in the cases of heroin, cocaine and marijuana.

These people should think again.

Take the case of Marino S., of Peabody (hereinafter, the “Defendant”), for example. Suffolk County prosecutors allege that he is a major supplier of prescription drugs in Greater Boston. He was arrested for the second time in nearly three months on Friday.

In fact, the arrest took place as he entered the Boston Municipal Court.

The Defendant was entering the BMC when state police and federal agents arrested him on charges that he was the kingpin of a drug ring responsible for 5,000 Percocet pills seized at the MBTA's Copley Square station on Thursday, according to Suffolk District Attorney Daniel F. Conley's office.

Continue reading "Boston’s BMC Is The Scene Of Drug Arrest By State And Federal Authorities" »

On Friday, Boston’s Supreme Judicial Court, the highest state court in the Commonwealth, passed down a ruling that underscores the contractual aspect of being on probation, particularly in sexual assault cases.

The ruling indicates that new probation restrictions cannot be imposed on sex offenders – such as wearing a GPS device or banning them from playgrounds -- until after they violate their probation.

The case in which the issue came up was that of Ralph G. (hereinafter, the “Probationer”). The Probationer is a Level 3 sex offender who was convicted of kidnapping and raping a 7-year-old boy in 1990. After a post-conviction hearing, a jury finding him to not be “sexually dangerous” any longer, the Superior Court ordered him to get sex offender counseling and maintain mental health care. No other limits were placed on him, such as limiting where he could go or the wearing of a GPS device.

However, Middlesex District Attorney Gerard T. Leone Jr. Was not satisfied with this. His office wanted the Probationer to wear a GPS and to be banned from playgrounds, schools, and libraries.

Continue reading "Boston’s SJC Rules On Probation’s Quest For GPS In Kidnapping – Rape Case" »

Martin Raffol, who recently resigned as executive vice president of WinnCompanies’s residential arm, has pleaded guilty to witness tampering, underwriting illegal campaign contributions to local, state and federal candidates, and concealing information from the Federal Election Commission. He entered his pleas in U.S. District Court in Boston on Tuesday.

Raffol has admitted that from 2003 to 2009, he solicited campaign funds for politicians who could help WinnCompanies with its projects. In US District Court, he confessed that vendors who gave him contributions were reimbursed through the padding of contractors’ bills. This allowed him to keep the Federal Election Commission from finding out that WinnCompanies was the actual source of the money.

The candidates that received the $12,000 in illegal campaign contributions that Raffol funneled are Representatives Stephen F. Lynch of South Boston, Barney Frank of Newton, William D. Delahunt of Quincy, and Michael E. Capuano of Somerville. Raffol also has admitted to directing over $30,000 in illegal campaign contributions to Governor Deval Patrick, state Senator Dianne Wilkerson, and Mayor Thomas M. Menino.

Raffol’s criminal defense lawyer has said that Raffol was pressured by WinnCompanies top brass to raise money for sympathetic politicians and was afraid to lose his job if he didn’t comply. The charges filed against Raffol are only related to the contributions that went to federal officeholders.

A conviction for witness tampering comes with a maximum 20-year prison sentence. The concealment conviction comes with a 5-year maximum sentence. As part of his plea deal, however, Raffol is expected to receive a considerably reduced prison sentence.

Boston realty exec pleads guilty in campaign cash scam, Boston Herald, September 19, 2010

Former executive pleads guilty to illegally moving campaign contributions, Boston.com, September 14, 2010

Related Web Resources:
Tampering with a Witness, Lectlaw

Federal Election Commission

Continue reading "Ex-WinnCompanies EVP Pleads Guilty to Illegal Funneling of Campaign Contributions and Witness Tampering " »

In a 4-3 ruling, the Supreme Judicial Court has ruled that unless released sex offenders violate their probation, they cannot be made subject to new probation limits. The decision was issued in the case of Level 3 sex offender Ralph W. Goodwin, who in 1990 was convicted of the Massachusetts rape and kidnapping a 7-year-old boy.

The 49-year-old Lowell man was released from custody last year after a jury determined that he was no longer sexually dangerous. Goodwin was ordered to undergo sex offender counseling and keep up his mental health care. However, his whereabouts were not restricted and no one ordered him to wear a GPS device so that he could be monitored.

Middlesex District Attorney Gerard T. Leone Jr. and the probation department disagreed with the lack of restrictions placed on Goodwin and sought that he be required to use a GPS bracelet. They also wanted him barred from libraries, schools, and playgrounds.

Noting the 2009 SJC ruling that the law requiring that all sex offenders on probation use GPS devices cannot be applied retroactively, a superior court ruled that imposing such restrictions on Goodwin was not legally permissible unless he violates his probation. Today, four out of seven SJC justices arrived at the same conclusion.

However, according to the Boston Herald, while the SJC was deciding Goodwin’s case he did in fact violate his probation by failing to fully participate in mental health counseling. He is now wearing a GPS ankle bracelet as a result of the violation.

Per probation data, because of the SJC’s 2009 ruling 162 people convicted of Massachusetts sexual crimes successfully petitioned the court to terminate their GPS monitoring. Another 160 sexual offenders who were convicted after 2006 were also allowed to get rid of their GPS bracelets.

Divided SJC bars new probation limits on some sex offenders, Boston.com, September 17, 2010

Sex offender in SJC case breaks probation, gets bracelet, Boston Herald, September 17, 2010

Related Web Resources:
Massachusetts Supreme Judicial Court

Massachusetts Law About Probation, Sentencing and Parole

Continue reading "Massachusetts Sex Offenders Can’t Be Subject to New Probations Restrictions Until After They Violate Rules, Says Supreme Judicial Court" »

Yesterday, we discussed Darryl B., (hereinafter, again, the “Defendant”) and his legal difficulties resulting from a confrontation with local police in Allston, MA. Said difficulties resulted in the awarding of the Commonwealth bracelets of shame, involuntary Commonwealth housing and various criminal charges including Armed Robbery, Assault with a Dangerous Weapon and the like.

In brief, the Defendant is alleged to have robbed a polling place during Tuesday’s primary election with a gun. The police were notified and he fled. When the police caught up with him, the Defendant allegedly pointed the gun at them. Finally, deciding not to die, he put the gun down.

The Defendant has been charged with unlawful possession of a firearm, unlawful possession of ammunition, unlawful possession of a dangerous weapon, assault by means of a dangerous weapon, and being a Level III armed career criminal because of prior gun convictions for incidents in 2002 and 2004, Suffolk district attorney's spokesman Jake Wark said.

Often, I find that clients are surprised when, after committing a few criminal acts , they are charged with more criminal charges than they had expected.

It would not be surprising to hear the Defendant protest, “Ok, I stole the money, but I did not hit or shoot anybody! What’s with all the charges?”

Continue reading "Attorney Sam’s Take: “Robbery, Assault, Armed Career Criminal…What Did I Do?”" »

28-year-old Darryl B., of Allston, hereinafter, the “Defendant” may have severe legal problems right now, but the man is lucky to be alive. But for the restraint of Massachusetts law enforcement, he would have successfully committed what is commonly referred to as “suicide by cop”.

And the officer would have been justified.

Of course, this is not to say that things look too rosy for the Defendant right now. He is facing a variety of charges after he allegedly pulled a gun on police officers who were chasing him.

Why were they chasing him?

They received a report of an armed robbery near a polling place during Tuesday's primary election, Boston police said.

Apparently, the police were chasing the Defendant after the report of an armed robbery at about 3:30 p.m. in front of the Jackson/Mann school on Armington Street. He is said to have fled officers on a bike and then, after discarding the bike, ran into the rear of a house on Glenville Avenue where he pulled the gun and pointed it in the direction of an officer.

Continue reading "Boston-Area Robbery/Assault Suspect Re-Considers Pointing A Gun At Police" »

In true “If something is wrong, somebody must be to blame and it must be a crime” fashion, the MA town of Arlington’s selectmen have voted to notify the Middlesex District Attorney’s office of a $1.5 million deficit in the school department’s budget for fiscal year 2010.

The board voted unanimously to notify the prosecutor’s office of the deficit, which school officials announced in mid August, more than a month after the conclusion of fiscal 2010.

That's right, unanimous.

Well, would you want to be the lone person against reporting the potential white collar crime to the Commonwealth? Do you think “What do you have to hide?”type of questions might haunt you if you did?

Target anyone?

Well, several town officials have criticized Superintendent Kathleen Bodie for failing to reveal the extent of the deficit sooner, and Selectmen Chairwoman Diane Mahon told School Committee members Monday that they need to take “swift and decisive action” concerning the deficit.

Bodie has said the deficit was caused by several factors, including rising special education costs and a reduction in grant funding. She also said the total amount of the deficit was not known until August and was then revealed to the School Committee.

Hmmm...!

Continue reading "MA Town Officials Seek White Collar Criminal Investigation From Prosecutor " »

Often, when I am telling you about a crime taking place in Boston’s Dorchester area, it is a story about assault or guns or drugs…or maybe all three. Not today. Today, it is a tale of conspiring to defraud the federal government.

Amadiegwu O., 63, who lived in Randolph (hereinafter, the Defendant”) is a pharmacist who ran a drug store in the area.

The Defendant became the target of a joint investigation by the Department of Health and Human Services, the Food and Drug Administration, the Drug Enforcement Administration; the Attorney General's office, the state auditor and Boston Police.

Yesterday, he pleaded guilty in Federal District Court. In doing so, he admitted that he defrauded federal health plans out of nearly $353,000. This would be the money he collected for prescriptions he never provided to patients, according to federal officials.

According to a statement issued by United States Attorney Carmen M. Ortiz' office today, the Defendant admitted that the conspiracy worked as follows:

Continue reading "Boston Pharmacist Pleads Guilty In Federal White Collar Fraud Case" »

Theary C., 26, of Lowell, (hereinafter, the “Defendant”) is due to be brought in to Lowell District Court today.

He is to be arraigned on a charge of MA homicide.

No, not the type of killing which dominated the news, and this blog, last week. This is not a case of premeditated murder. It is a case of vehicular homicide.

The victim?

An off duty police officer, Patrick J., 31 (hereinafter, the “Deceased”)

Continue reading "A Boston Criminal Defense Attorney Reviews MA OUI/Vehicular Homicide Case " »

In Salem Superior Court on Thursday, Louis Walters, a former resident of the state, pleaded guilty to Massachusetts child rape and incest charges. He has been sentenced to eight to nine years in state prison. He faces similar charges related to the same girl in New Hampshire and is expected to be sentenced to 10 to 20 years in prison.

Walters, 38, began a three-year relationship with the girl in Massachusetts when she was 15. She later moved in with him in New Hampshire.

Under the plea agreement worked out with prosecutors in both states, Walters will serve his prison sentences concurrently.

Walters is not the only person to recently plead guilty to Massachusetts rape. On Tuesday, a Clinton man was sentenced to three to five years in prison and five years probation after he pleaded guilty to Massachusetts child rape charges and possession of cocaine with intent to distribute—the drug charge, which is unrelated to the sexual crime charge, was originally a Massachusetts cocaine trafficking charge but was reduced to a lesser crime under his plea agreement.

According to prosecutors, Nieves, 28, had sex with a 14-year-old girl in 2008 at a relative’s home. The teenager told police about the Massachusetts sexual assault after discovering that she was pregnant. Nieves’ Massachusetts criminal defense lawyer says the sexual intercourse was consensual and requested a more lenient sentence.

In an unrelated Massachusetts child rape case, an Essex grand jury has indicted Lawrence school safety guard on three counts of Massachusetts aggravated rape of a child and one count of driving under the influence of drugs. Farrar is accused of having an inappropriate sexual relationship with a 14-year-old girl that started when she was 13.

Police apprehended the 30-year-old man in Salisbury on July 31 when they spotted him allegedly driving his van in an erratic manner. The girl was in the vehicle. She told the authorities that she lied to her mother about her whereabouts so that she could be with Farrar, who is also her basketball coach. Both the girl and Farrar have admitted to numerous sexual encounters together and she has admitted that she is in love with him.

Man pleads guilty to child rape, MyFoxBoston, September 10, 2010

Clinton man pleads guilty to child rape, Boston.com, September 8, 2010
Lawrence school guard indicted on child rape charges, Boston Herald, September 1, 2010

Related Web Resources:
Massachusetts General Laws

Continue reading "Recent Massachusetts Child Rape Cases Lead to Guilty Pleas and Indictment" »

…And so students and their families alike are awakening to the passing of the season. Summer is exiting Massachusetts, and school is beginning. This time, though, things are a bit more serious. First of all, as discussed yesterday, the Boston area seems to be in the middle of a dramatic increase in murder cases. Violent alleged criminals aside, however, what once was not unusual juvenile school behavior will now be viewed under the type of criminal justice microscope that inevitably brings new arrests.

As you will recall, the Massachusetts legislature brought into being a new anti-bullying statute last year. It is now in effect and, because of its vagueness, has school districts scrambling to figure out how to adhere to it.

At the same time, there are attorneys who have adjusted their practices so that they may open the new specialty to capitalize on the new statute and attention on bullying behavior.

Meanwhile, I am a criminal defense attorney with many years of experience. I also am focusing on the new statute and the mess it is about to bring the system. Said mess began when a bunch of kids were indicted last year for bullying activities on which another student’s suicide was originally blamed.

The truth is that, for the most part, what was illegal to do remains illegal to do.

Let’s take some examples:

Continue reading "Attorney Sam’s Take: The MA Landscape Of Bullying, Assault and Harassment For Students And Parents" »

Welcome back everybody! I hope you had a great Labor Day Weekend. A particular welcome back to the student’s returning to schools in the Boston area. As you kids may have heard, and I will discuss in more detail tomorrow, there are new laws and procedures in place to deal with the problem of bullying. Be careful…certain overzealous (to be generous) criminal justice politicians have indicted kids for that. In the meantime, let me give you an idea of what else is going on in the criminal justice atmosphere.

You may have heard that Boston has been in an uproar over the murder of a pizza delivery man last week. Well, it would appear that the suspects turn out to be, perhaps, around your age. Two Boston high school students and a 20-year-old have been charged with the murder in which the driver was viciously stabbed to death. According to authorities, they then fled in his car.

The apparent prize for the young alleged killers? The theft of around $100 and a box of pizza.

So, you might want to be careful in terms of part-time jobs you seek to help pay for school…especially you college kids.

Continue reading "Attorney Sam Greets MA Students With News Of Murder, Robbery, Bullying And Prostitution" »

SPECIAL SATURDAY EDITION

This has been a bad stretch for the Boston area in terms of homicides. Police believe they have solved the 43rd murder this year as compared to 38 killings last year at this time. The pizza delivery killing was the fifth murder in Boston in the last week.

By way of update on the pizza delivery murder,Boston police have arrested three people in connection with the slaying of 58-year-old Richel N., (hereinafter, the “Deceased”), the Domino’s pizza delivery man who was stabbed to death while making a delivery in Hyde Park early Thursday morning. According to authorities, he was lured to a vacant house, where two men and a woman allegedly robbed and stabbed him.

After the Deceased was stabbed, the three allegedly drove off in his Subaru Legacy, which was recovered Thursday at church parking lot on River Street. Police sources said investigators found "a lot of evidence" in the vehicle and detectives worked around the clock to make the arrests.

Two days ago, the news featured another piece of evidence which may well have helped in the investigation. Maria C., a Hyde Park woman, (hereinafter, the “Witness”) indicated that she feared that she unknowingly aided the Deceased’s killers. She indicated that at around the time the call to Dominoes was apparently made, she lent her cell phone to a woman. While the Witness states that she did not hear who the woman spoke with, she fears that the call was to the Deceased’s shop.

Continue reading "Attorney Sam’s Take: Truth, Witnesses And The Murder Of A Boston Pizza Delivery Man" »

This daily criminal law blog has been short-ciruited today due to internet failure. However, it will reappear tomorrow (yes, even though it is Saturday) with the planned discussion of murder investigations, witnesses and pizza delivery.

Oh, yes. And do we mean by "truth" in the criminal justice system?

Until then...beware of Hurricaine Earle!

Yesterday, we discussed the mechanics of this matter. Basically, we addressed the difference between a criminal appeal and a motion for a new trial as well as why it may have made sense for the defense attorney, prosecutor and SJC to take the action that they did. I should point out, by the way, that although this is a murder case, it does not change the procedures we discussed yesterday.

The case involved the December. 13, 2005, killings of four men in a basement in the Boston area. It had been dubbed the city’s worst shooting in 10 years.

The Defendant was convicted by a jury of killing Jason Bachiller, 21; Jihad Chankhour, 22; Edwin “E.J.’’ Duncan, 21; and Christopher Vieira, 19. Prosecutors said that he shot the men because he wanted a 9mm Glock pistol Vieira legally owned. According to them, and, it would appear, the jury, the Defendant took the gun from Vieira, shot him, then turned the gun on the three others as they tried to run away.

The Defendant was convicted and sentenced to consecutive life sentences. As discussed on Monday's blog, the Commonwealth does not have a death penalty, so that is as tough as sentences get.

Continue reading "Attorney Sam Continues To Discuss Recent SJC Ruling In Murder Appeal And Criminal Investigations (Part Two)" »

The Massachusetts Supreme Judicial Court (“SJC”), the Commonwealth’s highest court , situated in Boston, has rejected a motion by Calvin C., convicted in the 2005 Bourneside murders,(hereinafter, the “Defendant”) to stay his appeal so that he could seek a new trial based on evidence he said showed he was framed.

The Defendant is currently serving four consecutive life terms for killing four men in Dorchester.

The claim, as represented by the Defendant’s lawyer before the SJC, is that the Suffolk district attorney’s office had for over a year withheld information that potentially cast doubt on his guilt. This is known as “exculpatory evidence” which the prosecution is to deliver to the defense immediately upon discovering it.

On August 13th, prosecutors apparently provided the Defendant’s a February 2009 affidavit from an inmate asserting that another gentleman, who pleaded guilty to acting as an accessory to the murders, confessed that he was the real killer. Said gentleman was sentenced to 13 years in prison.

On Friday, the Supreme Judicial Court denied the Defendant’s motion for the stay on his appeal without offering an explanation or calling for a hearing. The Defendant had previously appealed the 2008 conviction, arguing that the trial judge in the case wrongly dismissed the one juror who believed the Defendant was not guilty of the murders. The Court of Appeals is still considering that appeal

Continue reading "A Boston Criminal Attorney Discusses SJC’s Ruling In Murder Appeal Motion (Part One)" »