Boston Criminal Lawyer Blog

Rumor has it that the South Hadley bullying case which began with the roar of a despearate political prosecutor is going out with a wimper from her replacement who was left to clean up her messes.

You may recasll that the late Phoebe Prince was the tragic figure about whom the public was in an outcry. Ms. Prince committed suicide and it was determined that the reason was that several of her classmates were bullying her both in person and through the internet. Like a not-quite- as- sympathetic Ponchus Pilot, the area’s most senior law enforcement official, the District Attorney, abandoned her oath to “do justice” and, instead, catered to political opportunity. She took the unusual step of indicting a bunch of kids who were allegedly Ms. Prince’s bullies. This was done, of course, before the full investigation into Ms. Prince was conducted. Said inveastgation revealed a very troubled young lady who had attempted suicide long before she even got to South Hadley.

Of course, to give the indictments the proper stench, she included in the group boys with whom Ms. Prince is alleged to have had sex. They were now charged with MA statutory rape and grouped in with the bullies.

Thankfully for the cause of Justice, the political strategy backfired and that District Attorney found herself out of her job.

Now, while the defendants will still have MA felony charges on their criminal records as they attempt to continue in school or find jobs, the Commonwealth is said to be offering plea bargains which will allow five out of six of the defendants to plead guilty to misdemeanor charges and having the more serious charges dropped. It is believed that the defendants will be allowed to plead guilty to Massachusetts criminal harasssment.

Previously the defendants faced a variety of charges, including including civil rights violations causing bodily injury, criminal harassment, stalking and disruption of a school assembly.

Even the stutory rape charge will apparently be dropped against one defendant.

Continue reading "South Hadley Students Are Reported To Be Pleading Guilty To MA Harassment " »

A Brockton assault and battery matter has just occurred under the type of circumstances that all parents fear. It resulted from a high school knife fight in which someone was injured.

The other was arrested for the Massachusetts dangerous weapon assault charge.

Of course the Brockton high school campus fight was not the first one between the participants in the story. It apparently took place after the same 18 year old students were escorted to the housemaster’s office because of an earlier physical altercation.

As of this writing, One of the students is resting in a local hospital and the other stands facing Massachusetts felony charges including assault and battery with a dangerous weapon.

Continue reading "Brockton High School Student Is Arrested For Assault And Battery With A Dangerous Weapon After Knife Fight" »

Well, Bullying has hit the news again and, once again, this Boston criminal lawyer was asked to comment. On Friday, I was interviewed for Newsweek Magazine on the subject of the indictments handed down against Dharun Ravi (hereinafter, the “Defendant”). If you like, you can read the resulting article here.

As you may recall, Rutgers University freshman Tyler Clementi (hereinafter, the “Deceased”) committed suicide approximately seven months ago. Said suicide followed the Defendant, with the help of some friends, allegedly streaming live video footage of the Deceased, his roommate, engaging in romance with his lover, another man. The Defendant was allegedly aided in the broadcast by his lady-friend, Molly Wei (hereinafter, the “Accomplice”). During the broadcast, the Defendant allegedly described what was being broadcast on Twitter.

Criminal investigators have also apparently found that the Defendant had tweeted on earlier occasions his frustration and/or maliciousness about the Deceased’s homosexuality. As a result, New Jersey prosecutors say that the Defendant knowingly targeted the Deceased because he was gay.

Apparently, this was not bad enough. During the government’s investigation, it is alleged that the Defendant tried to mislead law enforcement, deleted messages and attempted to convince some of his friends not to cooperate with authorities.

These efforts did not work. They seldom do. They usually only result in more charges…which they did here.

Now, the Garden State has indicted the Defendant on 15 counts, including witness and evidence tampering and bias intimidation. The matter has been elevated to a hate crime.

Continue reading "A Boston Criminal Defense Attorney Asks If Rutgers College Student's Bullying Case Was A Hate Crime" »

This has been an upsetting week for Massachusetts law enforcement. Yesterday, we discussed how Boston’s prosecuting attorneys are upset with a particular judge. Now, law enforcement in general is upset with a ruling handed down by the Massachusetts Supreme Judicial Court.

The ruling primarily effects the Massachusetts search and seizure laws.

As we have discussed in the past, marijuana has been decriminalized. In other words, it is no longer a crime to possess a small amount of it. As also discussed, this meant that, in order to make an arrest regarding pot, the Commonwealth had to allege intent to sell the drug in order to make a “collar”. Massachusetts drug attorneys have gotten used to that.

Now, however, the Court has gone further.

In the past, if they stopped a vehicle on a MA criminal investigation, and they smelled marijuana, police treated it as probable cause to believe that a crime was being committed. They would then pull people out of the vehicle and, sometimes, search the vehicle. While the resulting charge might not be possession of the marijuana, the police would sometimes find something else to prosecute.

They can no longer do that on the basis of the marijuana odor alone. This is because while the smell might indicate smoking or possessing the marijuana, smoking or possessing it is no longer a crime. Thus, no probable cause.

Continue reading "Boston’s Supreme Judicial Court Rules Against Law Enforcement In MA Drug Search And Seizure Case" »

Boston’s District Attorney, Daniel F. Conley , is unhappy. So, apparently are some of his underlings. Nasty Ol' Judge Raymond G. Dougan Jr., first justice of Boston Municipal Court, is too liberal for the prosecutor. Now, once again politicalizing the judicial branch, the prosecutors are trying to get the judge removed from, if not the bench altogether, at least all criminal cases.

After all, Judge Dugan does not make rulings that prosecutors like...unlike the overwhelming majority of judges who regularly, and sometimes creatively, make findings that defense attorneys do not like.

Now, DA Conley has filed a 72-page report documenting what he called the judge’s “prodefendant bias”. He even commanded one of his assistants to do the dirty work in presenting a motion to Judge Dougan to request that he remove himself from one Boston drug case and all criminal cases.

The judge declined the invitation.

Continue reading "Boston’s District Attorney Attacks BMC Judge, Seeking His Removal From All Criminal Cases" »

Two Roxbury teenagers, their friends, supporters and detractors appeared in Roxbury District Court yesterday. The event at issue was the MBTA bus debacle from earlier in the week. I would say it was one in a few MBTA recent debacles, but I suppose that would be unkind.

Felix Garcia, 18, and Michael Baptista, 19, (collectively, the “Defendants”) were arraigned on charges of interfering with a bus driver and assault and battery on a public employee. Bottom line? A case for experienced Boston assault and battery attorneys.

You have probably already heard the allegations put forth by the Commonwealth. The bus driver claims that he merely asked the teens to put out their cigarettes and they refused, instead opting for another option, namely, attacking the driver, perhaps verbally. However, words ended up changing to fists before the event was over and, finally, it ended when the bus smashed into the wall of a building.

By the time the arraignment was completed, one of the Defendants was released on his own recognizance and the other was held because he had pending charges for which he had been out on bail. As we have discussed, getting charged with a new crime while out on bail, or on one’s own recognizance, is considered a Massachusetts bail violation and can result in being held without bail for up to 60 days..regardless of the bail set for the new case.

Continue reading "Roxbury Teens And Their Lawyers Report Different Facts In Court About Boston MBTA Assault And Battery" »

Massachusetts campus crime. It’s been a problem for quite awhile. How often do we hear stories about a Boston University student raped? A trial is coming up in the Cambridge murder on the campus of Harvard University. And…of course…we have heard several stories about on campus Worcester bullying or Brockton drug possession at every school imaginable.

This one takes place in Salem, Massachusetts.

While not a violent crime, it is a matter for a Massachusetts white collar crime attorney. Under-age perpetrators can find themselves in Salem’s Juvenile Court for the offense.

In actuality, the crime is called “wire-tapping”. Technically, it is a Massachusetts white collar crime.

In street parlance, it is known as recording someone without their knowledge.

Apparently, the voices of various Salem teachers have been secretly recorded by students. School Superintendent William Cameron discussed the issue at a recent School Committee meeting recently. He explained that, in the last month, he is aware of two incidents. While he is aware of no connection between these two incidents, he is very troubled.

Continue reading "Salem Juvenile Students Are Investigated For The Felony Of Wire-Tapping" »

Robert Oliva, 66, won five New York City championships as the coach at Christ the King Regional High School. Mr. Oliva (hereinafter, the “Defendant”) has now returned to Massachusetts. The Defendant has come back to answer charges of Boston sexual assault on children dating to the 1970s.

His answer was “guilty”.

In exchange for the Defendant’s plea, he was sentenced in Suffolk Superior Court to five years of MA probation for to two counts of child rape and one count of disseminating pornography to a minor, during a 1976 trip to Boston with a 14-year-old boy.

The statute of limitations in such matters is 10 years. However, given the state of the law, complainants may file criminal complaints up to the age of 43, sometimes even later.

As a society, we tend to try to make it as easy as possible for children to come forward to report sex crimes when they happen to them. This is a good thing.

Often, however, we stretch the rules to the extent that mere allegations are akin to criminal convictions, even years before there is ever a trial.

This is a very bad thing.

Continue reading "Former Coach Returns To Boston To Plead Guilty To Child Rape " »

Fritz Olmande, 50, hereinafter the “Defendant” ended his week as a convicted Massachusetts sex offender.

The Defendant was found guilty of the repeated Jamaica Plain, MA, rape of a girl over the period of 3 years when she was between 5 and 7 years old.

According to the Commonwealth, the Defendant had access to the girl because he often spent the night at the victim’s home because he was romantically involved with a family member of the victim.

According to the Commonwealth, the Defendant would abuse the girl when she was left in his care. According to the child, the Defendant told her to keep the abuse secret. Apparently, she did so until she saw the Defendant again in 2008. It was then that she told her mother of the abuse.

The Defendant was sentenced to 10 – 12 years.

Attorney Sam’s Take On False Accusations Of MA Child Rape

Accusations of raping or sexually abusing a child are among the most difficult cases to handle for a MA criminal defense attorney. While there are many courses and symposiums about defending such matters, I find that the best teacher is experience.

Continue reading "Hyde Park Massachusetts Man Is Convicted Of Jamaica Plain Child Rape" »

It should come as no surprise that law enforcement and safety personnel undergo Boston drug, and other, tests. The results are actually pretty impressive. Since the Menino administration launched random drug testing of Boston firefighters last fall, 57 percent of the Fire Department’s union members have been tested – and only two have failed, according to the department.

“There have been two positive tests,’’ the department said in a statement. Local 718 represents an estimated 1,400 firefighters of all ranks.

City Hall officials said both firefighters who failed were given 30-day unpaid suspensions and directed into the Employee Assistance Program.

Some folks know that sometimes “less” is “more”. For example, Boston Fire Commissioner Roderick Fraser declined to be interviewed on the meaning of the results. “The numbers speak for themselves,’’ was the statement he released. Others, however, need to crow. Rich Paris, for example, is the president of Local 718. He took advantage of said results to indicate that the results prove two things – the union never opposed drug testing during the contract talks, and Boston firefighters do not regularly abuse drugs or alcohol.

Continue reading "Boston Firefighters Fight MA Arsons And Drug Abuse" »

A Boston police officer collided in Mattaphan with a Boston fire truck yesterday afternoon

While Boston Fire Department Ladder 29 was on its way to a reported car accident, and had its lights and siren activated at about 3:40 p.m., it crashed into the police officer who was driving home from work. The officer was driving his silver sport utility vehicle. The accident happened at the intersection of Harvard and Morton streets.

After the impact, both men went their separate ways to separate hospitals, both reportedly suffering non-life-threatening injuries. Apparently, the accident was such that it caused the ladder truck to swing around and crash into a traffic light, knocking it over.

Unsurprisingly, neither identity has been revealed.

While there has been no immediate word on what caused the crash or who crashed into whom. A Boston investigation is being conducted by the police.

Continue reading "Boston Police Officer Runs Into Boston Fire Truck In Mattapan…Literally" »

...And speaking about warning kids, there is the story about the party that has led a bunch of them to the mass arrest of 52 people Friday night.

Impressingly, the kids were dressed up for the occasion. The party was themed “Business Hoes and Ceos”, and the kids were all wearing suits, ties, miniskirts, etc.

Not so impressing were the choices of refreshments at the party.

According to Plainview police, the juveniles’ lawyers will need to contend with charges of Massachusetts’ marihuana and alcohol. Yes, particularly given the ages of those present, these treats were not legal.

And so the juveniles were joined by those who were of age at the party. The adults were arrested for providing said treats.

Continue reading "Plainview Juveniles Arrested At Alcohol And Pot Filled Party" »

Over the past year, Massachusetts motor vehicle laws have changed a bit. For example, we now have a law against texting while driving.

Apparently, our neighbor to the south, Rhode Island, would like to take anti-text laws a step further. In fact, the legislatvie battle is on to create a new juvenile offense.

Why?

It is the South Hadley to Boston bullying frenzy all over again.

Last night, I was on Fox25 interviewed on this subject and, once again, the subject touched upon the typical legislative/prosecutorial dance…only this time in Rhode Island, not Massachusetts.

As you know, as our technology has grown, so have the ways it can be misused. When we invented the telephone, for example, we provided the opportunity for crank calls and obscene calls. Now, as it has become even easier to communicate at will, via phones that text, email and soon lord-only-knows-what-else, we present the opportunity for “sexting”.

It is important to note that sexting can be done via text…or photographs.

As you would imagine, sending child pornography over texts, as it is in email and regular mail, is illegal. Heck, just possessing it is illegal.

It is also independantly illegal to send such material to kids.

Of course, kids do not always understand the ramifications and adults are not always so great in warning them about it.

Similar to bullying.

Continue reading "MA Bullying And RI Cyber-crime Laws…Two Peas In a Prosecutorial Pod" »

It was an incredible day yesterday. I went to various locations doing my thing and learned that, apparently, everybody had been reading the Boston Criminal Lawyer Blog and actually taking it to heart!

I should have known something was up when I went to drop off my son at school. Walking to my car, I noticed a fairly portly young man. He had been running, and I saw that his wallet had fallen from his pocket. He saw it. I saw it. So did the three athletic-types running behind him.

He nervously looked down at it, but one of the kids behind him got to it first.

I looked over to the side of the road. There, a police officer stood watching.

“Oh great!” I am already running late and now I am going to witness a Marblehead robbery !”

That did not happen, though. The largest kid picked up the wallet and handed it young Mr. Portly and said, “Hey, you dropped this.”

Mr. Portly thanked him, and they went on their different ways.

I stopped the kid who picked up the wallet and told him that was a nice thing to do. He looked at me somewhat confused and said, "But anything else could have been...well...bullying! That would be wrong!"

One of the other large boys ran over to the police officer to offer him a donut. The officer smiled and patted the boy on the head.

So, on I went to a Tewksbury probation violation hearing.

Continue reading "Attorney Sam Announces That The Massachusetts Criminal Justice System Is Fixed" »