Boston Criminal Lawyer Blog

The Massachusetts criminal trial of Anna Tang, an ex-Wellesley College student accused of stabbing her ex-boyfriend seven times, is scheduled to resume tomorrow. The 5-month delay occurred after a psychiatrist, who is a prosecution expert, revised her findings about whether or not Tang was legally insane when she assaulted Wolfe Styke in his MIT dorm in 2007. Tang was charged with Massachusetts armed assault with intent to murder and home invasion.

The psychiatrist, Dr. Allison Fife, had initially been in agreement with other defense experts that Tang could not be held criminally responsible for her actions during the attack because not only was the defendant's state such that she unable to grasp the scope of wrongfulness of her actions, but also she had been incapable of acting in a manner that adhered to the law. Tang, who has admitted to stabbing Styke, maintains that she had been suffering from bipolar disorder and depression and was legally insane at the time.

According to The Tech, MIT's newspaper, Tang’s decision to waive her right to a jury trial and seek a bench trial came after Fife made known her initial findings. After Fife changed her mind during the trial, Tang’s Boston criminal defense lawyer requested the delay. Tang’s defense team has alleged that Fife changed her opinion on the trial’s “last day” after having “extensive contact” with Styke’s mom.

Tang’s bench trial is taking place before Judge Bruce Henry who will issue a verdict.

Massachusetts College Campus Crimes
As a college student, having a criminal record can irrevocably alter your future. This is why it is important that you seek experienced Boston criminal defense representation to help you combat the charges.

Examples of Common Massachusetts College Campus Crimes:

• Underage drinking
• Drug charges
• OUI
• Sexual assault
• Physical assault
• Rape
• Cyber crimes
• Vandalism
• Larceny
• Stalking
• Shoplifting

Trial to resume for woman charged in MIT stabbing, Boston.com, November 30, 2010

Tang trial starts: Styke testifies, The Tech, June 11, 2010

Related Web Resources:
Read the Criminal Complaint (PDF)

Massachusetts Institute of Technology

Continue reading "Woburn Superior Court Trial of Ex-Wellesley College Student Accused of Stabbing Her Ex-Boyfriend to Resume " »

After a drug bust in Revere last night during which 200 pounds of cocaine were seized, Gilberto Cruz Padilla, 24, and Rafael Jesus Montero, 22, were arrested. Today, Judge Dunbar Livingston set their bail at $5 million cash at their arraignment in Chelsea District Court.

It is alleged that the two men unloaded 60 pounds of cocaine from a tractor trailer on Railroad Street while local, state and federal law enforcement watched. At the arraignment today, Assistant District Attorney John Lacey alleged that the two were part of a sophisticated drug organization that planned to sell 200 pounds of cocaine in the Boston area.

The ADA said that Immigration and Customs Enforcement discovered the cocaine in the trailer several days ago at the Mexican border, and an undercover agent was paid $50,000 to drop the truck off on Railroad Street. The truck was kept under surveillance until the two men allegedly came to take the cocaine out of the trailer and stash it in a nearby car. According to the ADA, the men unloaded 30 kilos before the arrest was made.

Padilla is an American citizen who had been living in Tijuana and staying at the Ramada Inn in Dorchester, and Montero is a native of the Dominican Republic who was in the United States illegally for the second time, according to authorities. Both men pleaded not guilty to drug trafficking more than 200 grams today. In addition to being held on the bail, Montero is being held on alleged immigration violations.

These two men are looking at 15 to 20 years in state prison if they are convicted under Massachusetts General Laws Chapter 94C Section 32E. The 15 year mandatory minimum will have to be served before parole will be a possibility. When a federal agency is involved, as ICE was here, defending against a drug trafficking charge can become more difficult because federal agencies have a great deal of resources. Therefore, these two men will need attorneys with resources, skill and experience.

Source: The Boston Globe, Bail set at $5 million cash for suspects in 200-pound Revere cocaine bust

Continue reading "Two Arraigned Today After 200-pound Cocaine Bust in Revere" »

Former Massachusetts state senator Dianne Wilkerson is expected to receive her sentence date this week. Wilkerson pleaded guilty in June to eight counts of attempted extortion after she was caught on tape stuffing bribe money into her shirt and accused of taking $23,500 in bribes. She allegedly took eight cash payments from undercover FBI agents and a witness cooperating with the FBI in 2007 and 2008.

Prosecutors told the Boston Globe that they plan to ask for a four-year sentence, while Wilkerson’s lawyers have said that they plan to ask for less than the three years and two months suggested as the minimum in federal sentencing guidelines. They hope that the judge considers Wilkerson’s years of public service. The case’s status conference was scheduled for today by U.S. District Judge Douglas Woodluck.

When the judge ultimately determines Wilkerson’s sentence, he will likely consider her years of public service as her defense counsel hopes because 18 U.S.C. § 3553 requires judges to consider the history and characteristics of the defendant as well as the nature of the offense, the kinds of sentences available, the applicable sentencing range, and the need to avoid unwarranted sentence differences between defendants with similar records who’ve been found guilty of similar offenses. However, Wilkerson’s lawyers’ hope for a sentence less than the suggested minimum might be difficult to realize because statistically judges follow the sentencing guidelines(or depart from them at the request of prosecutors) in 85% of cases.

There are several possible reasons why judges follow these guidelines in such a substantial amount of cases. First of all, from 1987 through 2005 the “guidelines” were not really guidelines at all and were mandatory. The purpose was uniformity, but the problem was, among other things, inflexibility. In 2005, the United States Supreme Court held that mandatory guidelines violate the 6th Amendment, and now they are simply advisory. Nevertheless, a potential reason why judges follow them so often is that most of them were appointed since 1987 and have known nothing else. Secondly, judges might fear reversal. Finally, they might fear that if they depart from the guidelines, Congress might cabin their discretion even more than before. In light of all of this, it will be interesting to see whether the judge departs from the suggested minimum at the request of Wilkerson’s defense lawyers.

Sources: The Boston Globe, Judge to set Wilkerson's sentencing date; The Boston Globe, Wilkerson admits she took $23,500

Continue reading "Judge to Set Wilkerson's Sentencing Date This Week" »

Dennis Bowen, a 22-year-old Chelsea man, will be arraigned today in Chelsea District Court on charges that he fatally stabbed Carlos Ramirez, a 30-year-old Chelsea man, on Thanksgiving. State police arrested Bowen on Saturday night. Bowen had turned himself in to police after a Chelsea District Court judge issued a warrant for his arrest.

It is alleged that Bowen stabbed Ramirez in the chest outside of 759 Broadway in Chelsea a little bit before 11 a.m. on Thursday. Chelsea Police Captain Keith Houghton told the Boston Globe that several people witnessed the incident and that the stabbing followed an altercation that the police are investigating. State police are looking into the relationship between Bowen and Ramirez as a “key element.” Ramirez was well-known to police and Bowen has a “very limited” record, according to Houghton.

Authorities are also investigating Friday’s discovery of a body in an apartment on Bellingham Street in Chelsea. The owner of the building found the body in the hallway of his first- floor apartment after an employee was unable to get into the apartment for a scheduled cleaning. The victim’s name and cause of death have not been released, but police are conducting a homicide investigation.

Defenses to murder charges are extremely involved and, probably more than any other crime, require the skill of an expert criminal defense lawyer. Here, the alleged altercation will be important (more so if identity isn’t the issue) because it could raise self defense issues or questions about reasonable provocation. The fact the Ramirez was well-known to police could play into the issue of whether Ramirez was the first aggressor or whether a defendant reasonably believed that his life was in danger, but a defendant must always be careful about door opening.

Source: The Boston Globe, Man arrested in Thanksgiving day fatal stabbing as police investigate another homicide

Continue reading "Chelsea Man Arrested in Fatal Stabbing; Police Investigate Another Chelsea Homicide" »

Today’s tale takes us to the town of Quincy, where a local gentleman is having issues with the criminal justice system. His issues surround his driving license. You see, it had been revoked three times. Now, he faces a plethora of criminal charges, including Operating Under The Influence.The gentleman, Rony S. Santos-Cruz, 24, (hereinafter, the “Defendant”) has entered a not guilty plea in Quincy District Court and posted $1,000 cash bail to regain his freedom in his latest crash into the judicial system.

According to Assistant District Attorney Erin McFarland of Quincy, the Defendant, while under the influence, struck four vehicles. Oh, and he was driving while his license was revoked. Again. She also explained during arraignment that the Defendant admitted to driving the blue Buick involved in the accidents, and that the vehicle he was driving had severe front end damage, including a blown tire and several dents and scratches.

Apparently, when asked where he was going and where he had come from, the Defendant answered , “home”.

I imagine it was simply a round trip to the parked cars and back.

Allegedly.

Continue reading "Attorney Sam’s Take: Massachusetts Driver With Three Revoked Licenses Is Arrested For OUI And Other Criminal Charges" »

Philip Wuonola, a 19-year-old Waltham man, pleaded not guilty on Wednesday to motor vehicle homicide charges arising from a May crash that killed a 9-year-old boy. It is alleged that Wuonola ran a stop sign when he was delivering pizza for Domino’s.

Wuonola was arraigned in Waltham District Court and was released on personal recognizance. The Middlesex District Attorney’s Office told the Boston Globe that Wuonola was driving a 2002 Mazda Protégé when it collided with a Jeep Grand Cherokee SUV at a Waltham intersection. The SUV was overturned from the impact and the 9-year-old, who was not wearing a seatbelt, was ejected and later pronounced dead at Newton Wellesley Hospital. The boy’s mother survived.

Wuonola’s attorney told the Globe that his client is traumatized and devastated by the death. The attorney also said that he will pursue the issue of whether the death was caused by the mother’s failure to use a seatbelt for the child or by the crash.

Although it is unclear from the article, this is may be a misdemeanor charge because there is no mention of the teen driver being under the influence or alcohol or drugs. If that is the case, then the maximum penalty that he would be facing is up to 2 1/2 years in jail or a house of correction or by a fine of at least $300 and up to $3,000, or both. To be convicted, the prosecutor will have to prove that Wuonola was operating the vehicle recklessly or negligently. It will be interesting to see how the attorney approaches this issue of the cause of the boy’s death. It is a smart and absolutely necessary issue to raise because the leading cause of death for children in accidents is lack of seatbelt use. The attorney will have to approach it with finesse and sensitivity if the case goes before a jury, though.

Source: The Boston Globe, Waltham man pleads not guilty to motor vehicle homicide charge

Continue reading "Waltham Teen Pleads Not Guilty to Motor Vehicle Homicide" »

As we end our Thanksgiving celebration for 2010, the Boston Criminal Lawyer Blog brings you yet another reason to be grateful. We, as a society, have made another step forward in the cause of equality. This blog being what it is, of course, that stride involves the criminal justice system. More specifically, it is in the genre of Massachusetts robberies.

We break this “good” news with the story of Cheryl Fitzgerald (hereinafter, the “Defendant”), a young lady who, on September 22nd, is alleged to have entered the Hometown Bank in Webster wearing a New England Patriots cap and giving the teller a note stating “Give me the money. No dye packs.”

The Defendant was arrested on November 7th in Daytona Beach, Florida, and then extradited back to the Commonwealth. Finally, she was arraigned in Dudley District Court and ordered held on $5,000 bail. She stands charged with unarmed robbery and larceny over $250. Since the robbery was of a bank, she could also end up facing charges in federal court.

The investigating detective, Webster police detective and 17-year police veteran James T. Hoover, recognized this robbery as a breakthrough of sorts. He explained, “I have had 15 bank robberies in my career and that is my first woman…that (bank robbery) was our fourth one this year.”

But, a man of the times, Detective Hoover said that the fact that the suspect was a woman was not really much of a shock.

Continue reading "Attorney Sam’s Take: Massachusetts Female Robbery Rate Is Up – Are Drugs The Reason?" »

Dwayne Moore was charged yesterday with four counts of murder and with assault with intent to murder in connection with the shooting executions of four people, including a toddler, in Mattapan. Kimani Washington, Moore’s alleged associate, has been charged with gun law violations, and it is unclear whether he will be charged with murder as well.

The incident occurred two months ago on Woolson Street. The city was shocked when two of the victims were found outside the home, the 2-year-old toddler in his partially-clothed mother’s arms. Assistant District Attorney Edmond Zabin told the Boston Globe that Moore and his associate raided a Sutton Street apartment for money, drugs, a television set, and other items. According to the ADA, Moore had lived there before and knew that he could find drugs there. The victims were held at gunpoint and then marched around the corner where they were shot multiple times, the ADA said. These shootings are part of the spike in violence that has caused politicians, police, residents, and others a great deal of fear and frustration.

Police learned about Moore from an unidentified witness. Moore pleaded not guilty in Dorchester District Court yesterday and is being held without bail. Moore was previously convicted of manslaughter and had been released from prison in the spring. After his arrest on Monday, he told police “I can’t go back to jail. You’re going to have to kill me.” the Globe reported.

There is no death penalty in Massachusetts, but Moore is certainly facing the maximum sentence that the law of our Commonwealth allows. Given the brutality of this execution, the publicity it has received and the outrage that it has sparked, it is clear that Moore needs an excellent defense attorney with extensive experience.

Source: The Boston Globe, Murder of four in Mattapan grew out of a drug robbery, prosecutors say

Continue reading "Mattapan Murders Prompted by Drug Robbery, According to ADA" »

Authorities said that a 14-year-old Falmouth girl escaped from an attempted abduction yesterday. According to the Boston Globe, she was walking from her bus stop in the afternoon when two men in a white pickup truck approached her and attempted to force her into the truck. The girl escaped by biting the man’s arm, and the two men were spotted fleeing north on East Falmouth highway.

When people think of child kidnappings, they usually think of situations like this one involving strangers. The majority of child kidnappings, however, are committed by family members. Under Massachusetts law, kidnapping is a felony that usually involves prison time and fees. It is punishable by up to 10 years in the state prison. Since this was an attempt to commit a crime punishable by more than 5 years in the state prison, the penalty here could reach up to 5 years in the state prison.

The motive for kidnappings by strangers is typically to subject the victim to some further criminal act, such as rape, sexual assault or sex slavery, or murder. Recently, an increasing amount of kidnappings are being committed to force children into prostitution.

Sometimes kidnappings are for the purpose of extorting money or holding the victim for ransom. In Massachusetts, when the purpose of the kidnapping is extortion, it is punishable by up to life in prison.

Source: The Boston Globe, Girl escaped abduction in Falmouth, police say

Continue reading "Teen Escapes Attempted Adbuction in Falmouth" »

Since it is the holiday season, Attorney General Martha Coakley is reminding consumers and businesses about Massachusetts laws regarding return policies and final sales, and prosecutors are focusing on fraud and bad checks.

District Attorney Daniel F. Conley is offering help to Suffolk County businesses (those located in Boston, Chelsea, Revere and Winthrop) to cover bad checks and get the offender credit counseling. The idea is that many bad check cases can be resolved without using the time and resources that criminal prosecutions require.

Conley’s plan is called the Bad Check Restitution Program, and its main goal is to get restitution for local businesses and simultaneously deter repeat offenders. Specifically, a mandatory intervention class (in addition to restitution) is available for first time bad check offenders. Such offenders will have to complete the class at their own expense.

In Massachusetts, writing a bad check is a crime called “larceny by check” where the person knew at the time he/she wrote the check that there were not sufficient funds in the bank to cover the check and he/she intended to defraud the bank or other party. If the value is $250 or less, it is a misdemeanor. If the value is more than $250, it’s a felony. Checks for more than $2,500 will not be eligible for Conley’s program, but there are no minimum dollar restrictions for eligibility.

Source: The Boston Globe, Prosecutors offer holiday shopping advice for consumers and businesses

Continue reading "Prosecutors Aim to Help Businesses and Deter Bad Checks as Holidays Approach" »

William Shakespeare would have been puzzled with this one. As you have probably noticed, the news in the Boston area lately has been replete with shootings, murders and other varying assaults. Some are alleged drug-related. Others come from domestic violence matters.

Lynnfield, however, was the host of a murder-suicide this week over a name. You see, Joseph Cummings (hereinafter, “Alleged Shooter”) was excited in East Boston not so long ago. His girlfriend was pregnant and he was about to become a father.

He was a happy man.

Said happiness is said to have faded within the next two hours.

Authorities now say that Alleged Shooter, 51, then got into an argument with his 35-year-old girlfriend about the baby-to-come’s last name when he got home to Lynnfield.

Continue reading "Attorney Sam’s Take: Domestic Violence Turned Murder-Suicide In Lynnfield Was Over The Naming Of A Child" »

Joseph Cummings, 51, allegedly killed his pregnant girlfriend, 35-year-old Kimberly Nguyen, her sister, and himself over the baby’s last name. The two shared a home on Ledge Road in Lynnfield. Allegedly they got into an argument in their bedroom because she wanted to hyphenate the name and he did not. Nguyen’s sister, 29-year-old Lilly J. Nguyen, apparently heard the gunshots and jumped out of a second story window in another bedroom. It is alleged that Cummings fatally shot her from the window as she lay on the lawn and then killed himself.
Kimberly Nguyen’s 12-year-old daughter hid in another room and ran to a neighbor’s house after she heard the last gun shot.

Residents were shocked by the incident as were customers of Nguyen’s East Boston nail salon. One customer told the Boston Globe that she had attended the couple’s baby shower on Friday and that the two seemed to be happy.

A medical examiner is determining whether Cummings had drugs or alcohol in his system. He was not licensed to carry a firearm. Lynnfield police said that they had never been called to the residence for domestic issues before and that there is no record Nguyen filing any restraining orders against Cummings. Cummings did have two restraining orders against him in 1998 and 2000, however.

So far this year, there have been 28 domestic violence homicides in Massachusetts. Domestic violence is a serious problem in Massachusetts and throughout the country, and if you have been arrested for domestic violence, you need an experienced defense attorney on your side. When a person reports domestic violence to police, it doesn’t matter whether or not they want to press charges against you.

Source: The Boston Globe, Police say Lynnfield killings were over baby name

Continue reading "Killings in Lynnfield were over baby name, police say " »

Nine years after the death of former federal intern Chandra Levy, Ingmar Guandique has been found guilty of two counts of first-degree murder. It took the jury 3 ½ days of deliberations to reach its verdict.

Although prosecutors had originally charged Guandique with nine criminal counts, including first-degree murder, attempted assault and battery, attempted kidnapping, making threats against a witness, and obstruction of justice, all charges except for the two counts of first-degree murder had been dropped by the time jury deliberations began. Charges weren’t filed against Guandique until almost seven years after Levy’s disappearance while jogging in Rock Creek Park on May 1, 2001.

At the time that she went missing, Levy was having an affair with Gary A. Condit, a married congressman, who became the initial suspect in her disappearance. It wasn't until a year after she was last seen that a man walking his dog through the park found her skull.

Although police did not have any forensic evidence, they eventually charged Guandique, who was already serving time for assaulting two other women, with her murder. Prosecutors based their criminal case against him on statements made by a former cellmate of is who said that in 2006 the 29-year-old admitted to killing Levy and on the fact that Guandique had previously attacked the other women at the same park where Levy had disappeared.

The defense, however, argued that no forensic evidence existed to link Guandique to the crime scene because he did not commit the crime. Another cellmate who testified during his murder case said that Guandique never spoke Levy’s name.

Jury Convicts Ingmar Guandique in Chandra Levy's Murder, ABC News, November 22, 2010

Jury Convicts Ingmar Guandique in Chandra Levy's Murder, Washington Post, November 22, 2010

Related Web Resources:
Chandra Levy Murder Trial Begins, Boston Criminal Lawyer Blog

Timeline: Chandra Levy Case, ABC News

Continue reading "First-Degree Murder Verdict Reached in Chandra Levy Slaying" »

It did not happen in Boston.. This time. But similar things have happened here. After all, there are often consequences to drug use...whether or not the drug involved is actually illegal.

Marillis Santiago, 22, of Hartford, Conn.(hereinafter, the “Defendant”) has had a rather bad weekend. The local police say that while her 2-year-old son was toddling around, she was smoking marijuana at the kitchen table.

She apparently did not notice that he was playing around the open window (sans screen of course) of the third floor apartment.

I suppose you can guess what happened.

The child thankfully survived the resulting fall, but suffered a bruised liver, a fracture to his right arm and facial lacerations.

Continue reading "Attorney Sam’s Take: Mother Smoking Marijuana Is Arrested In Child Endangerment Case When Child Falls Out Window" »

Carmen Picardi, a 39-year-old Everett man, pleaded not guilty today to charges of mayhem and armed assault with intent to murder. He was arraigned in Boston Municipal Court and held on $75,000 cash bail.

It is alleged that Picardi attacked a woman with a baseball bat in Boston on Halloween. It is also alleged that he was dressed as a member of a fictional gang from the 1970s movie “The Warriors,” a cult classic about New York City gangs seeking out members of the Warriors after they are falsely accused of killing a gang leader. The person who attacked the woman was allegedly wearing face paint, a wig, and a baseball uniform while he hit the woman with a Louisville Slugger. The woman was badly injured and needed 50 staples.

Images from surveillance cameras were collected by police, which led them to Picardi. Picardi was arrested on Friday in his home on Highland Ave.

The anonymity of Halloween always invites crime. On the facts of this story, it is very unclear what led police to Picardi given the fact that the attacker was in full costume, and it seems that identity will be an issue in this case. At any rate, mayhem and armed assault with intent to murder are two violent felonies. They carry severe punishments and are taken very seriously by prosecuting attorneys. As far as mayhem goes, a defense lawyer will usually try to raise doubt about intent to disfigure as this can be hard to prove. Assault with intent to murder can also be difficult to prove because of a specific intent element. A criminal defense attorney can make a world of a difference in these kinds of cases.

Source: The Boston Globe, Everett man charged with attacking woman on Halloween with baseball bat.

Continue reading "Everett Man Charged in Halloween Beating" »

A 26-year-old man from Roslindale has been charged with vehicular manslaughter and driving while intoxicated. The Boston Globe reported that Patrick Smith, a New Jersey man, was driving along the Major Deegan Expressway in New York City when he collided with a vehicle driven by Pablo Ovalles, who was driving north in a southbound lane. Smith was pronounced dead, and Ovalles is being hospitalized.

Source: The Boston Globe, Roslindale man charged in fatal crash

The potential consequences of drunk driving are serious everywhere. If this man had been charged in Massachusetts, then not only would he be facing jail time, but he would also be facing loss or suspension of his license, large fines, and much more. At Altman & Altman, we’ve successfully defended clients in countless drunk-driving cases.

If this man’s vehicular manslaughter charge had been a Massachusetts one, then the issue of whether he’d be looking at a felony or misdemeanor would depend on the circumstances. In Massachusetts, vehicular homicide is a felony where the driving was both negligent/reckless and the defendant was drunk. It’s a misdemeanor where the defendant was either reckless/negligent or drunk.

Continue reading "Roslindale Man Charged in Fatal NY Car Crash " »

Hans Johnson, a 20-year-old Attleboro man, has been charged with conspiracy to commit home invasion. He was scheduled to be arraigned in Attleboro District Court today.
The arrest was made in connection with the June 23 beating and shooting death of 24-year-old Dylan Adams.

Johnson is the third person charged in connection with Adams’ death. Jose Polanco was charged with murder, home invasion, and armed robbery earlier this week, and Craig Fleetwood was charged with conspiracy to commit home invasion. Both Fleetwood and Polanco are from Providence, Rhode Island, and officials expect to seek to the men returned to the Commonwealth.

When facing any kind of conspiracy charge, having an experienced lawyer working for you can be a great advantage. First of all, statements from co-conspirators can be used against the defendant and frequently, hearsay rules that are meant to protect the defendant won’t be applicable. Secondly, the defendant will be considered as having adopted his co-conspirators’ actions. This even includes co-conspirator acts taken before the defendant entered the conspiracy. These unique aspects of conspiracy charges make it crucial to hire an outstanding lawyer.

Since Johnson has been charged with conspiracy to commit home invasion, he is looking at up to 20 years in prison. This is because where the punishment for the underlying crime is 20 years to life, the highest punishment for a conspiracy to commit that crime is 20 years.

Source: The Boston Globe, Third man charged in June home invasion in Mass.

Continue reading "Attleboro Man is Third Charged in June Home Invasion" »

Bristol County prosecutors announced today that John Loflin has been charged with the 2002 murder of Marlene Rose, whose body was found on New Bedford railroad tracks. Rose had been strangled.

Until today, no one had been charged in connection with Rose’s death, but forensic science and new evidence have allegedly connected Loflin to her death.

A spokesperson for Bristol County District Attorney C. Samuel Sutter told the Boston Globe that since Sutter took office in 2007, this is the 10th time that his cold case unit has generated an arrest for an unsolved homicide.

This news raises a few criminal defense issues. First, since this case involves forensic evidence, it is important that Loflin find an attorney with the right experts. This can be especially critical, and our attorneys at Altman & Altman LLP have a network of excellent experts. As a related point, given popular television shows about forensic science, things like DNA, fingerprints, and other forensics are often given a lot of weight by juries. These kinds of television shows distort reality in some ways, and many people tend to think that forensic evidence is the sole deal breaker/maker. Our excellent trial lawyers have many years of experience successfully dealing with this phenomenon. Finally, cold cases can present unique challenges, such as locating witnesses, that one of our experienced defense attorneys can help you with doing.

Source: Bristol prosecutors charge man with murdering woman in New Bedford in 2002

Continue reading "Man Charged in Cold Case New Bedford Murder" »

Stephen L. Foster, a 36-year-old Lynn man who escaped from a halfway house in Manchester, turned himself into authorities Sunday afternoon. Foster returned to the Calumet Transitional Housing Unit in New Hampshire around 3:30 p.m. He was discovered missing during a routine inspection around 2 a.m. on Sunday.

Foster is being held at the New Hampshire State Prison in Concord. A spokesperson for the New Hampshire Department of Corrections told the Boston Globe that it is likely that Foster will be charged with escaping. He could be facing 3 ½ to 7 years for the escape. Since the facility was a halfway house, the spokesperson said that inmates can leave with permission for things like job interviews.

Foster was originally sentenced to 5-10 years at the Merrimack County Superior Court for armed robbery. His maximum release date was December 14, so it is unclear why he escaped.
When a person tries to escape from a penal institution, the consequences are serious and speaking with a defense attorney right away is advisable. Not only could the looming charges be devastating for Foster, but if there was anyone who helped him to escape, they could be held criminally responsible as well.

Although it was not a good idea for Foster to escape in the first place, the fact that he turned himself in so quickly will likely work in his favor. A sentencing judge will like look at him more favorably since he came back on his own accord and the Commonwealth didn’t have to use up valuable time and resources tracking him down.

Source: The Boston Globe, Prison escapee from Lynn returned to NH prison

Continue reading "Lynn Man Escapes from Prison, Turns Himself In " »

Two were left dead and two are injured after a shooting in a Jamaica Plan restaurant Sunday night. It happened around 7:30 p.m. at the Sam Old Place on Centre Street. Mario Bailote, the 40-year-old manager of the Restaurant, said that a man came into the pizza place and began to argue with some patrons. The argument escalated into a fistfight and one man pulled out a gun and started shooting. No employees were injured, and police arrived minutes later.

Police arrested one of the deceased on gun charges after the shooting. They are trying to confirm identification information with relatives. Police now have a suspect in custody at a local hospital, but the suspect’s identity is not immediately available.

Some residents of the trendy area have been surprised the events.

Among other things, this suspect is going to be facing serious homicide charges, probably murder charges, and it is in his best interest to speak with an experienced criminal defense lawyer who can help him. If there is no question about his/her identity, then depending on the unclear circumstances, the defense will try to focus on things like intent, excuses or justifications, negligence and other factors going to the level of culpability. Defenses to homicide charges are complicated, and having a defense lawyer at the beginning stages is crucial.

Source: The Boston Globe, Two dead after weekend shooting in Jamaica Plain restaurant

Continue reading "Two Dead After Shooting in Jamaica Plain Pizzaria" »

The person who was found dead in Milton last week has been identified as a 16-year-old from North Carolina. The teen had disappeared from his father’s North Carolina home, and his father had reported him missing hours before his body was found badly mutilated.

The teen’s paternal aunt told the Boston Globe that the family already knew that he had been killed. She said that the family is trying to figure out who killed the boy and why. A spokesperson for the Norfolk District Attorney’s office told the Globe that the investigation is ongoing.

Whoever is ultimately charged in connection with this teenager’s death will need an excellent criminal defense lawyer on his side. He or she will be looking at serious felony charges possibly including murder, kidnapping and more. The DA prosecuting the case will work aggressively because this has received a great deal of media attention and was one of the more gruesome of recent crimes.

Additionally, the body was found in an upscale suburban neighborhood which generally leads to panic. When crimes start extending beyond the inner city, people start to pay attention. They become unnerved because they begin to feel that “no one is safe,” and law enforcement and prosecutors tend to turn up the heat.

Source: The Boston Globe, Body found in Milton identified as that of missing North Carolina teenager

Continue reading "Body Found in Milton Identified as NC Teen" »

In East Boston District Court, Sharnell Donahue, 31, and Diane Tuck, 51, have pleaded not guilty to the Massachusetts criminal charge of armed assault with intent to rob. Donahue also entered not guilty pleas to the charges of assault and battery with a dangerous weapon and armed assault with intent to murder.

Donahue is accused of allegedly stabbing a 44-year-old woman in the chest in Winthrop on the evening of November 11 and conspiring with Tuck and a 15-year-old girl of robbing the victim of drugs. Police were able to apprehend Donahue and Winthrop because of information gathered from witnesses, including the license plate number of a vehicle seen driving away from the stabbing scene. A black ski mask, which Donahue allegedly wore during the alleged assault, was found in the station wagon. Tuck had a knife with her when she was apprehended.

A judge has ordered Donahue and Tuck to stay away from the victim. Bail was set at $50,000 each and upon posting it the women would have to wear a GPS locating device.

Massachusetts Assault and Battery
Assault usually includes a threat of violence, while battery implies the unlawful physical contact of another person without permission granted. No physical harm needs to have occurred for an assault and battery charge to be filed. In some cases, the alleged threat and intended act will suffice.

Common Massachusetts Assault and Battery Charges:
• Indecent assault and battery
• Aggravated assault and battery
• Vehicular assault
• Assault and battery with a deadly weapon
• Assault and battery upon a child
• Assault with intent to kill
• Assault with intent to rob or murder
• Assault with intent to commit a felony
• Assault with intent to commit rape

There are serious consequences that come with a conviction for a Boston assault and battery crime.

Everett women face stabbing charges, Boston Herald, November 12, 2010

Two Everett women deny role in stabbing of woman in Winthrop, Boston.com, November 12, 2010

Related Web Resource:
Massachusetts General Laws

The Journal of Criminal Law and Criminology

Continue reading "Two Everett Woman Accused in Botched Winthrop, Massachusetts Robbery and Stabbing Plead Not Guilty" »

Nicholas Christian, a 30-year-old Lynn man, was to be arraigned today in Lynn District Court. He is charged with unarmed robbery on a person over 60, aggravated assault on a person over 60, and receiving stolen property under $250. The charges arose from the beating of an 89-year-old woman while a man stole her purse earlier in the week.

Christian has also been charged in connection with the robbery of a 35-year-old woman in the same neighborhood. That incident occurred on November 7. He was arrested yesterday at his home on unrelated warrants.

The defendant is facing serious felony charges for both of his robbery arrests. Often times, the issue in robbery cases will be the identity of the alleged robber. When there are police missteps in finding out the robber’s identity, evidence can be suppressed and charges can even be dismissed.

In addition, Christian will have to address his outstanding warrants. They are not going away, and it is never a good idea to ignore an outstanding warrant.

When someone is charged with a single crime or multiple felonies it is generally in their best interest to hire an experienced criminal defense lawyer to help them in their case. Hiring a top-notch defense attorney can make all the difference in the world. Among many other things, he or she will provide arraignment and bail advocacy, further your interests in plea negotiations, file motions to disallow certain evidence, represent you well at trial, etc.

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Many experienced criminal defense attorneys are going to be needed for the 23 alleged heroin dealers arrested in a large raid yesterday. The ongoing joint investigation by federal and Massachusetts law enforcement yielded arrests throughout the Commonwealth, but primarily Brockton.

Naturally, there was an official on hand to accept credit. United States Attorney Carmen M. Ortiz delivered the news that authorities are committed to prosecuting offenders.

“Today’s arrests should be a clear signal to those distributing drugs in our neighborhoods that the federal government is aggressively working with state and local law enforcement to track their movements, find their associates, and close down their operations,’’ she said.

And why shouldn’t she be taking advantage of the publicity? This ongoing investigation has, in less than one month, yielded the arrests of over 55 for narcotics and firearms in two busts alone!

This time, folks, it looks like they mean it!

Continue reading "Attorney Sam’s Take: Ongoing Federal Criminal Investigation Yields 23 More Heroin Suspects In Raids Throughout Massachusetts" »

The Supreme Judicial Court has ruled that the marijuana, cocaine, and psilocybin mushrooms allegedly discovered in the dorm room of two Boston College students in 2007 cannot be used as evidence in the Massachusetts drug case against them. John Sherman and Daniel Carr face charges of cocaine trafficking, possession with intent to distribute marijuana, and possession with intent to distribute psilocybin mushroom.

The ruling by the state’s highest court is in agreement with a Superior Court judge’s ruling that prosecutors failed to meet their burden of proof that the two students had given their consent to campus police that their room could be searched. The SJC’s decision overturns the ruling by the Massachusetts Appeals Court, which found that police were within their rights when they conducted the search.

According to Superior Court Judge Linda E. Giles, although prosecutors claim that Carr and Sherman gave their verbal consent to the search, officers have since then given conflicting testimony about what was said that night. The SJC has noted that while the two students signed the part of the consent form that acknowledged the waiving of their Miranda Rights, they did not sign the portion of the form that gave their consent to the search. The court said that even if Carr and Sherman had given their consent, there would still be questions regarding whether or not the granting of this permission was voluntary.

Massachusetts Drug Crimes
Massachusetts drug possession with intent to distribute is a very serious criminal charge. The type of drug involved and whether or not you have any prior drug offenses or convictions can determine the seriousness of your sentence if convicted this time.

An experienced Boston drug crimes law firm can defend you against any charges. There may be reasons why the evidence against you should be suppressed or thrown out. For example, you may not have been read your Miranda Rights prior to making any statements or police may not have probable cause to search you.

SJC ruling tosses out evidence in BC students’ drug case, Boston.com, November 18, 2010

Court: BC police didn’t get OK for dorm search, Boston Herald, November 17, 2010

Related Web Resources:
Fact Sheet on Massachusetts Sentencing Laws, FAMM (PDF)

Boston College

Continue reading "Supreme Judicial Court Says Drug Evidence Cannot Be Used in Boston College Students’ Criminal Case " »

A mutilated body was found in an upscale Milton neighborhood on Monday night. Police told the Boston Globe that the mutilation was extensive and gruesome. Residents are shocked that the body was found in their neighborhood, and police are looking into the possibility that the body was dumped there.

The victim was apparently a five-foot-five black man with an athletic build. He has not been identified and his fingerprints don’t match any of those in the state’s criminal record database. He wasn’t wearing a shirt or shoes when his body was found, and he had no wallet on him.

Source: The Boston Globe, Police seek public help in identifying body found in Milton

As the homicide count continues to rise, pressure will mount on law enforcement, especially when horrific crimes start happening in upscale suburbs where people think they are safe. When this kind of pressure mounts, it increases the urgency of investigations and injustice can result.

Continue reading "Mutilated Body Found in Milton" »

Benjamin Haskell, a 25-year-old Springfield man, was sentenced to 6 years in a case brought by Massachusetts prosecutors. The sentence is concurrent with his 9-year federal sentence for burning down the Macedonia Church of God in Christ, a mostly-black church, to protest the 2008 election of President Obama.

Haskell pleaded guilty to a 10-count state indictment. The indictment included drug charges and a charge that he set fire to a house in 2003. Superior Court Judge Moriarty called Haskell a “one man crime wave.”

Source: The Boston Globe, Church arsonist pleads guilty in Mass. case

If you have been charged with arson or any crime in Massachusetts, call the criminal defense lawyers of Altman and Altman LLP. Arson can be a felony or a misdemeanor, and the punishments vary. For example, setting fire to a house of worship carries more serious penalties.

Continue reading "Church Arsonist Sentenced in MA Case" »

There are many types of defense in the criminal justice system, They are the same in Boston as they are anywhere else. “SODDI”, Some Other Dude Did It, is one of the most popular ones. When the Commonwealth’s finger of accusation is pointed at a suspect, said suspect rarely points his or her finger in the same direction. Usually, it is in the direction of somebody else.

We have discussed many times how prosecution witnesses will often make deals with the government to provide testimony (true or not) against a defendant in whom the government has greater interest in prosecuting.

Prosecution witnesses, of course, are not the only ones who are willing to pass the prosecutorial buck in order to avoid a lifetime in involuntary Commonwealth housing. Two stories this week take such strategies to a new level. Allegedly.

Let’s take the case of Mr. Demare Gary, 19, (hereinafter, Daddy Defendant”) , for example. This Roxbury gentleman stands accused of stashing crack cocaine in the shoe of his Three-year-old daughter. While the Commonwealth may insist that he tried to avoid discovery of the drug by planting it on the little girl, his attorney is claiming that he is actually “taking the fall” for someone else.

Continue reading "Attorney Sam’s Take: Criminal Defense Attorneys Claim Their Clients In Drug And Identity Theft Cases Are Not The Guilty Parties" »

A man is in critical condition after being shot in the laundry room of his Lowell apartment building. The Middlesex district attorney’s office, the Lowell police and the state police are currently conducting an investigation. No arrests have been made yet.

The victim is being treated at Brigham and Women’s Hospital and his name has not been released. A neighbor who was familiar with the victim told the Globe that he was a nice man. She said that she was home at the time of the shooting but heard no gunshots.

Source: The Boston Globe, Man critical after being shot in laundry room of his Lowell apartment building

Violent crimes like this one require excellent legal representation. They are some of the most serious crimes possible, and they will be prosecuted aggressively. If you have been charged or think that you might be under investigation for a felony or violent crime, call the criminal defense lawyers at Altman & Altman LLP.

Continue reading "Man Shot in Laundry Room of Lowell Apartment " »

After a week nursing an eye issue, I am back to my Boston Criminal Law Blog…although it may take another week or two to go daily. I plan to blog Monday, Wednesday and Friday this week. Hopefully, the other “mini-blogs” are keeping you informed, if not entertained, in the meantime. However, in my absence, I see (to the extent that my temporary eye patch will allow) that not very much has changed. College campuses are still the scenes of crime, shootings continue and police officers continue to assault and be assaulted.

Let’s take Cambridge’s Harvard University for example.

Kai Robert Kruger, 21 (hereinafter, the “Defendant”) ran into a bit of trouble on Harvard’s campus this weekend. According to authorities, he was arrested after firing a gun at a police officer and attempting to rob three Harvard University freshmen at gunpoint.

Apparently, the Defendant had stolen the students' wallets, credit cards and cell phones before the officer’s arrival.

But then, his luck began to turn.

Continue reading "Attorney Sam’s Take: Harvard University Campus Is The Scene Of Robbery, Assault And Shooting" »

Someone looted money from collection boxes and smashed a stained glass window at Roxbury’s Mission Church this weekend. Church personnel reported the theft on Sunday morning. Police told the Boston Globe that between $200 and $300 could have been in the collection boxes.

The church, formally named Basilica of Our Lady of Perpetual Help, is well-known for being the site of the late Senator Edward Kennedy’s funeral. The stained glass window that was smashed was estimated to be more than 100 years old.

Police are investigating the crime.

Source: The Boston Globe, Thieves loot poor boxes at Roxbury’s Mission Church

If you have been charged or think that you are being investigated for a theft crime in Massachusetts, it is important to contact a criminal defense lawyer. There is a wide range of potential punishments for Massachusetts theft crimes, and the penalties can be very serious.

Continue reading "Collection Boxes Looted at Roxbury Church" »

A speeding car near 1400 Tremont St. in Roxbury killed a man riding a scooter on Sunday night. The vehicle then kept going and headed toward Brigham Circle.

The man was pronounced dead at Brigham and Women’s Hospital. He has not been indentified awaiting notification to his family.

The police have not yet released a description of the vehicle.

Source: The Boston Globe, Scooter driver killed in Roxbury hit and run

When a person dies because of a hit and run, the driver will be charged with a felony. The punishments can be very serious. If you have been involved in a hit and run, it is strongly recommended that you immediately contact an attorney with hit and run experience.

Continue reading "Hit and Run in Roxbury Leaves Scooter Driver Dead" »

Two Newton teenagers, 17-year-old Benjamin Peirce and 18-year-old Shaquan Jacobs, were arraigned Wednesday in Superior Court in Woburn on murder, armed robbery and firearms charges. Both pleaded not guilty.

The charges arose from the September fatal shooting of Adam Coveney, a 29-year-old Waltham man. Prosecutors allege that the teens arranged a drug deal with Coveney to rob him of Percocet tablets. Aside from Peirce and Jacobs, two others were allegedly involved. Daniel Louis, a 21-year-old West Roxbury man, and Wallace Duarte, a 17-year-old from Waltham, were arraigned Thursday. Louis faces murder, armed robbery and firearms charges. Duarte was charged as an accessory after the fact to murder.

As you would guess, murder is the most serious of all crimes and is punishable by up to life in prison without the possibility of parole. A conviction for armed robbery could also carry a life prison sentence. The punishment for conviction of firearms charges varies but the penalty is often increased when the gun was used in connection with a robbery. Accessory after the fact is punishable by up to 7 years in the state prison. Facing these penalties, the stakes could not be higher for these young men.

The Boston Globe: Newton teens arraigned in Waltham slaying

Continue reading "Newton Teens Face Serious Charges After Waltham Slaying" »

Police have charged 45-year-old Joseph Ghella of South Boston in the carjacking of a limo in front of a church where a wedding was taking place. The alleged carjacking occurred last Saturday in Dorchester around 1:45 p.m.

A man who was allegedly armed with a hammer forced the driver and six bridesmaids out of the limo. A pastor from the church told the Boston Globe that the bride and groom were not aware of the incident and that the bridesmaids remained calm so as not to ruin the wedding. Ghella was also charged in a Saturday break-in that allegedly occurred prior to the carjacking.

Ghella will be arraigned on charges of breaking and entering, assault with a dangerous weapon, larceny of a motor vehicle, and assault and battery.

The Boston Globe: Police charge suspect in wedding limo carjacking

Carjacking is punishable by up to 15 years in state prison. Carjacking while armed with a dangerous weapon is punishable by up to 20 years in state prison. To be convicted of carjacking, the prosecutor has to prove beyond a reasonable doubt that the defendant assaulted, maimed, confined or put a person in fear for the purpose of stealing a motor vehicle and with the intent to steal it.

Continue reading "South Boston Man Charged in Wedding Limo Carjacking" »

An armed robbery occurred early Thursday in the famous Harvard Yard. A man who was unaffiliated with Harvard University was robbed at gunpoint outside of a freshman dorm around 2:45 a.m. He gave his wallet to the robber and fled from the area. The robber was described as a thin, 5-foot-9 Hispanic male in his 20s.

In Massachusetts, armed robbery is governed by Massachusetts General Laws Chapter 265 Section 17. The law makes armed robbery punishable by up to life in prison. If the robber was masked or wearing a disguise at the time of the robbery, there is a 5-year mandatory minimum sentence.

Usually in robbery cases, the critical issue will be the identity of the alleged robber. It is important to contact a lawyer if you suspect that you are being investigated in connection with a robbery.

The Boston Globe: Armed robbery reported in Harvard Yard

Call the Experienced Criminal Defense Attorneys of Altman & Altman LLP Today at (617) 492 3000 or (800) 481 6199

At Altman & Altman LLP, our criminal defense lawyers have more than four decades of experience. We will gladly answer any questions that you might have in a free initial consultation.

Continue reading "Armed Robbery in Harvard Yard" »

Suffolk County prosecutors told the Boston Globe that two Everett women, 31-year-old Sharnell Donahue and 51-year-old Diane Tuck, have been charged with armed assault with intent to murder and armed assault with intent to rob in connection with a Winthrop stabbing.

Donahue and Tuck were arraigned today in East Boston District Court. The alleged stabbing occurred on Forrest Street around 7:40 p.m. on Thursday. The victim was a 44-year-old woman. She is in critical condition at Massachusetts General Hospital. Both Winthrop and state police are investigating the incident.

Assault with intent to rob or murder is punishable by up to 20 years in the state prison. If armed with a firearm, shotgun, rifle, machine gun or assault weapon, it is punishable by a 5-year mandatory minimum in state prison. Given the severity of these potential punishments, it is important to call an attorney if you are facing charges of assault with intent to rob or murder.

The Boston Globe: Two Everett women charged in Winthrop stabbing

Continue reading "Everett Women Charged in Winthrop Stabbing" »

According to Column J. Flaherty’s Boston criminal defense attorney, his 62-year-old client was acting in self-defense when he stabbed another man with a folding knife. Flaherty, who pleaded not guilty to Massachusetts assault and battery with a dangerous weapon over the Dorchester stabbing, was released on $500 cash bail.

Suffolk prosecutors say that Flaherty and a North Reading man were involved in a fender bender on Monday afternoon. After the two of them of them pulled over to exchange information, a third driver, another Quincy man named Michael J. McDevitt, also pulled over his auto. McDevitt, who had gotten stuck in traffic because of the collision, reportedly got out of his car, went to Flaherty’s auto, opened the vehicle door, and started hitting him. Flaherty then pulled out his folding knife and stabbed McDevitt in the arm. The latter is also expected to face criminal charges.

Massachusetts Assault and Battery with a Dangerous Weapon
This is a serious crime and one that comes with either a 2 ½ year maximum sentence in a county house of corrections if the case is heard in district court or a maximum sentence of 10 years in prison if the case goes to superior court. However, depending on other factors, such as whether the victim was pregnant or had a restraining order against the defendant or a massive injury was involved, the sentence upon conviction could be lengthier.

To convict someone of this crime, the district attorney has to prove beyond a reasonable doubt that the defendant intentionally touched someone without just cause or right and that a dangerous weapon was used to make contact. A dangerous weapon can be any object or instrument that was used in a potentially dangerous manner or any weapon that is considered inherently dangerous regardless of whether or not it was used in a dangerous fashion.

Quincy man stabbed in road rage incident allegedly threw punch first, Patriot Ledger, November 9, 2010

Man was 'scared to death' during Dorchester road rage incident, his attorney says, Boston.com, November 9, 2010

Related Web Resources:
Massachusetts General Laws

Assault and Battery, Boston Criminal Lawyer Blog

Continue reading "Quincy Man Charged with Massachusetts Assault and Battery with a Dangerous Weapon Says He Acted in Self-Defense" »

The defense attorney for Eva Flores, the 18-year-old charged with throwing her newborn baby out of the window of her East Boston home, said that Flores did so because she was raped and the rapist threatened to kill her and her family.

Flores has pleaded not guilty to various charges including assault and battery of a child under 14 with injuries and reckless endangerment of a child in Suffolk Superior Court. The Suffolk ADA declined to address the attorney’s explanation for his client’s actions.

The police report in which Flores’ arrest is summarized says that on September 20 around 10:05 p.m. neighbors heard crying, looked out the window and saw the baby face down in an alley. The neighbors picked up the baby and alerted the police.

Flores, an El Salvador native, is being held on immigration detainer and could be deported.

Continue reading "Attorney for Teen Mother Accused of Throwing Newborn Out Window Says Client was Raped" »

Boston’s homicide toll continued to rise as two were killed over the weekend. Thomas Whitley, a 30-year old Roxbury man, and an unidentified teenager were killed, marking the 62nd and 63rd homicides this year. At this time last year, the homicide toll was 43.

Whitley, a father of four, was stabbed on Saturday night on 60 Dearborn Street. He was later pronounced dead at Boston Medical Center. Witnesses told the Boston Globe that Whitley and another man went into Dearborn Liquors together where they got into a fight that continued out to the street. The call to police first came in as an attempted robbery.

The teenager was shot on Mascot Street in Mattapan on Sunday morning. He too was pronounced dead at Boston Medical Center.

With this ongoing violence, the pressure will continue to mount on law enforcement. When that happens, the pressure on you also grows. Pressure from superior officers, prosecutors, and law enforcement politicians will affect police investigations and feed their fear and their “us vs. them” attitude.

Continue reading "Homicide Toll Rises with 2 Killed Over the Weekend" »

Sharon Fitzpatrick, the woman charged with stabbing her husband Sylvester Mitchell at their home in May 2007 has been acquitted of Massachusetts second-degree murder. This was the second time that her Boston murder case had gone to trial. The first one had ended in a mistrial after jurors were unable to break their deadlock.

Fitzpatrick was accused of attacking Mitchell during a dispute. Authorities claimed she was angry that he came home later than was expected. They were to celebrate his 40th birthday.

While prosecutors have argued that Fitzpatrick had no injuries from the stabbing to indicate that she needed to protect herself against Mitchell, the 39-year-old woman has always maintained that she acted in self-defense.

Massachusetts Second-Degree Murder
With Massachusetts second-degree murder, the crime needs to have been committed with malice aforethought (but not deliberate premeditation) or while a non-capital felony was taking place. The maximum sentence if convicted is life in prison with parole after 15 years. Choosing the right Boston murder defense law firm can make a huge difference on the outcome of your case.

Defending someone against a murder charge can be a very complicated process. There may be reasons why charges against you should be dropped or reduced or why you should be found not guilty—even if there is evidence to indicate otherwise. There may be evidence to prove that you did not commit the crime. There may be witnesses that can testify in support of your defense.

Woman acquitted in ’07 death of husband, Boston.com, November 4, 2010

Ex-dispatcher faces retrial in husband’s death, Boston Herald, October 24, 2010

Prosecutor: Victim "Didn't See it Coming," Suffolk County District Attorney's Office

Related Web Resources:
Defenses to Criminal Charges, Nolo

Murder News Stories, Google

Murder, Boston Criminal Lawyer Blog

Continue reading "Woman Acquitted of Massachusetts Second-Degree Murder in Husband’s Fatal Boston Stabbing" »

Some people can always be found in one type of court or another. Take, for example, New York City basketball czar Ernest Lorch. He was arrested this week by the United States Marshals Service after failing to appear for arraignment on sex abuse charges out of Massachusetts last week.

Lorch is apparently 77 and the founder of the famed Riverside Church basketball program. One would imagine that he has been around enough to know that when you are summonsed to appear in court, particularly in a criminal matter, you had best show up. Failing to do so results in nastiness like default warrants and heavy bail conditions. Nevertheless, it would seem that this information had heretofore been lost on Mr. Lorch who was taken into custody at a Westchester County assisted-living facility by the federal marshals.

According to accounts, he was later released on a $25,000 bond and must appear in court on December 3rd in White Plains for an extradition hearing. One would imagine that he has now learned the importance of actually showing up in the courts of Justice as he did for the courts of basketball.

Now, you may be wondering, “Isn’t this a bit overkill, Sam? How much trouble could an aging church basketball legend be in?”

Continue reading "Attorney Sam’s Take: Well-Known "Power Broker"/Criminal Defendant Is Arrested On Outstanding Default Warrant In Decades-Old Sex Case" »

Anthony Simulynas, a 74-year-old man from Auburn, has been placed on 10 years of probation for charges arising from a seizure of 85 firearms and 800 pounds of ammunition from his home.

A former gun dealer, Simulynas pleaded guilty to 16 counts of possessing an infernal machine, two counts of possessing a firearm or ammunition without a firearm identification card, and one count of improperly storing a firearm. He was sentenced on Tuesday in Worcester Superior Court. His lawyer said that Simulynas never meant any harm. However, defenses like “I never meant any harm” do not stand up in a court of law.

Common defenses to gun charges are based on unconstitutional search and seizure or the inoperability of the gun. The criminal defense attorneys of Altman & Altman LLP have successfully defended countless gun charges in Massachusetts, and we aggressively employ these and other defenses for our clients.

The Boston Globe: Auburn man gets probation for having home arsenal

Continue reading "Auburn Man Placed on Probation After Search Uncovers Gun Arsenal " »

Verna Sewell, a 65-year-old Dorchester woman, was found guilty of involuntary manslaughter in Suffolk Superior Court yesterday, according to the Boston Globe. The case arose out of the May 2009 stabbing death of 74-year-old Julius Scott, who shared an apartment with Sewell. She will be sentenced tomorrow.

Police were informed of the stabbing when Scott called 911 and said that he had been stabbed “in the heart” by a woman who then left his apartment. By the time police arrived, Scott was dead, but a bloody knife was recovered at the scene. Police found Sewell, who fit the description of the woman living with Scott, at a bus stop with blood on her clothing. She told them that there was a struggle when he attacked her with the knife and that Scott was stabbed in the course that struggle.

The Boston Globe: Dorchester woman found guilty in roommate’s death

Continue reading "Dorchester Woman Convicted of Involuntary Manslaughter " »

Christopher Higgins, a 43-year-old Dorchester man, pleaded not guilty Thursday in West Roxbury municipal court to one count of unarmed robbery and was held on $5,000 cash bail.

It is alleged that Higgins robbed a West Roxbury bank and tricked his friend into driving the getaway car by saying he got into a fight at the bank and had to leave quickly. Police interviewed and released the friend.

Police told the Boston Globe that the robbery happened Wednesday when a white male in a ski mask and hooded sweatshirt robbed Hyde Park Savings Bank. Shortly afterwards, the police saw a car matching the description that bank employees gave them. The friend gave police the address where Higgins might be staying, and they spotted a man fitting the description moments after arriving. Higgins fled on foot but was arrested soon afterward.

The Boston Globe: Bank robber allegedly tricked friend into driving getaway car

Continue reading "Dorchester Man Pleads Not Guilty to Bank Robbery " »

Marcos Colono, a 32-year-old Cambridge man, was indicted Thursday in Middlesex Superior Court on two counts of rape of a child by force, two counts of home invasion, armed assault with intent to murder, and other charges. Prosecutors claim that Colono raped an 11-year-old boy and stabbed his father during a home invasion. His Superior Court arraignment date has not been set.

Rape of a child by force is punishable by up to life in state prison, and there is a 10-year mandatory minimum if a defendant was armed with a firearm, rifle, shotgun, machine gun or assault weapon at the time of the offense. Rape will be “rape of a child by force” when the victim was under the age of 16. That age element is the only difference between the two crimes.

The punishment for a home invasion conviction can be between 20 years and life in state prison. Home invasion means going into another person’s home while knowing or having good reason to believe that the person is home and staying there with a dangerous weapon or using or threatening to use force upon the person.

Armed assault with intent to murder is punishable by a 5-year mandatory minimum in state prison and up to 20 years.

Continue reading "Marcos Colono of Cambridge Indicted in Home Invasion " »

Tuesday night there was yet another shooting in the Boston area. This time it was in Somerville. By the time it was over, a police detective was wounded and a young man was dead. So far, there is nobody to label “Defendant” in this one. The young man, Mathew Krister, 21, (hereinafter, the “Deceased), is said to be the assailant.

This would tend to take blame away from the detective, so one would expect that he will not be charged with anything. Self-defense, after all, is applicable during an assault and battery with a gun.

The two knew each other prior to Tuesday night, though. In fact, the officer is said to have “talked” with the Deceased about the subject of gun possession while a pending investigation was taking place. According to friends and family of the Deceased, he was wanted by law enforcement officials and a warrant was out for his arrest. According to family friends, he had been talking about turning himself in.

But the shooting occurred before that could happen.

According to law enforcement, federal and local police approached the Deceased and he fired at least three shots at Somerville police Officer Mario Oliveira. Police would not say how many shots were fired back or how many officers fired.

Continue reading "Arrest Warrant And Criminal Investigation Lead To Police Shooting In Somerville MA" »

Do you think that homicide is a game only the young can play? Well, Verna S., a 65 year-old woman from Dorchester woman (hereinafter, the “Defendant”) would beg to differ. Yesterday, she was convicted in the May 2009 stabbing death of a 74-year-old man, Julius S.,(hereinafter, the “Deceased”) in the apartment they shared in Dorchester, according to Suffolk District Attorney Daniel F. Conley.

Sewell had been free pending the trial, but Superior Court Judge Frank Gaziano ordered her held once the guilty verdict was delivered. She is scheduled to be sentenced on Thursday. She was apparently found guilty of involuntary manslaughter, not the Second Degree Murder charge she originally had been charged.

Her sentence can run from probation to 20 years in prison.

The police were alerted to the armed assault after the Deceased called 911 to report that he had been stabbed by a woman who then left his apartment. He told a dispatcher he had removed the knife from his chest. He was dead by the time police responded to his home. His cell phone and a bloody steak knife were found next to the chair.

Continue reading "A Boston Homicide Trial And When To Talk To Investigating Police Officers" »

The good people of Salt Lake City have been chomping at the bit for a currentt trial. It has been a long time in coming. It is the trial of the alleged abductor of Elizabeth Smart. 57-year-old Brian David Mitchell (hereinafter, the “Defendant”) is the man accused. After approximately 8 years of delay, and a change of jurisdiction, he is finally going to get his “day” in court.

Jury selection in the criminal trial started yesterday.

The Defendant faces federal charges of kidnapping and unlawful transportation of a minor across state lines — for allegedly taking Smart to San Diego in the 2002 abduction. If convicted, the Defendant, who was once an itinerant street preacher could spend the rest of his life in a federal prison.

As Ms. Smart’s father said of the trial last week, “It’s certainly been a long time coming”.

The matter began as a state prosecution back in 2003. Back then, the Defendant was charged with aggravated kidnapping and aggravated sexual assault…in state court. That prosecution got stalled after the Defendant was diagnosed with a delusional disorder and deemed incompetent to stand trial.

Continue reading "Elizabeth Smart Kidnapping Case In Federal Court Starts – Is He Competent To Stand Trial?" »

Last week, I began this mini-series about perspectives in the criminal justice system. I started with that of the police officers. As the week went on, the news was more and more full of examples illustrating my point. First, the only alleged police misconduct dominating the Boston news in took place in New York. Now, we have a video on YouTube and similar allegations here at home.

Boston Police Commissioner Edward F. Davis now says that he is reviewing video footage that shows the several police officers using force to arrest a juvenile (hereinafter, the “Kid”) at Roxbury Community College.

The video has made the rounds on YouTube and shows an officer assaulting the Kid and kneeing him while several other officers are trying to place handcuffs on him. The arrest occurred in a lobby at the college. Of course, the Kid was not the only one injured…three of the officers were apparently taken to a hospital for treatment of minor injuries and were later released, Davis has pointed out.

According to Davis, the officers did use force, but it is a question whether that force was excessive. After all, the officers were trying to handcuff the Kid and the Kid resisted.

Continue reading "Massachusetts Police Student Assaults, Murders And Gun Crimes (CJS Perspective, Pt.III)" »