Boston Criminal Lawyer Blog

An East Boston High student may be wondering whether honesty is truly the best policy.

The Roxbury resident is a 17-year-old young man whom we will refer to hereinafter as the “Defendant”. He came into contact with law enforcement last Thursday when he entered his school at about 12:30 p.m. through an “unauthorized” door. As he did so, the officers say they “detected the odor of marijuana".

The officers patted him down. According to the Commonwealth, however, they needn’t have bothered. The lad is said to have confided in the officers that, “I just have a little gun”.

Well, it was cute when then First Lady Nancy Reagan said it so long ago...!

The officers say that the cooperative Defendant also told them where to find the little gun (in his bag) and to be careful because “there’s one in the pipe”. The palm-sized Saturday Night Special was found and indeed had six bullets in the magazine and one in the chamber. They also found more marijuana on the Defendant.

Continue reading "Boston Student Needs Experienced Criminal Defense Attorney After Bringing Marijuana And Gun To School" »

There are alleged truths that we treasure about our criminal justice system. We hold these beliefts dear because they make us the “fairest” system in the world.

Among them are the following:

1. All accused are presumed innocent unless and until proven guilty beyond a reasonable doubt.

2.We believe that a jury verdict is the word of the people, our peers. Except in situations where we find that the judge made a legal error that deprived the defendant of a fair trial, we generally adopt the jury verdict as truth.

3.Our system is as compassionate as possible. While we also wish to punish, our other main objectives in passing down criminal sentences are consideration of the defendant’s past and hope for his/her rehabilitation, the effect of the case on the victims and the protection of the community.

Now, let’s apply these beliefs to the verdict and sentencing in Commonwealth of Massachusetts v. Mark Kerrigan, a Middlesex County homicide trial.

Continue reading "Woburn Assault Sentencing For Mark Kerrigan – How Did We Do? (Part 2 of 2)" »

Yesterday, you may have heard me criticizing the Honorable Judge S. Jane Haggerty with regard to the sentencing of Mark Kerrigan (hereinafter the “Defendant”) on the radio. As you know, the Woburn homicide trial ended with a conviction of straight Massachusetts assault and battery.

Next came yesterday’s sentencing.

As predicted, it was a morning of emotion and tension.

The Commonwealth asked for the maximum possible sentence...2 ½ years in jail.

The family and the defense requested what is known as a “split sentence” – a 6-month suspended sentence followed by a year of probation. The Defendant had already served 4 months and so would be eligible for parole immediately.

The judge? She whacked the Defendant, giving him the 2 ½ year sentence, 2 years to serve now, the rest on Massachusetts probation.

What does all this mean?

Continue reading "Woburn Assault Sentencing For Mark Kerrigan, Justice And Hypocrisy (Part 1 of 2)" »

If you thought you heard a familiar voice and name (mine) on WBZ radio today, you were correct. I was interviewed about today’s Kerrigan verdict.

As you know, Mark Kerrigan, brother of famous Olympic skater Nancy Kerrigan and hereinafter the “Defendant”, has been on trial in Middlesex County Superior Court in Woburn. The Defendant was charged with killing his father during an argument.

Today, the jury came back from deliberations. The decision was “not guilty” of Massachusetts manslaughter and “guilty” of the Assault and Battery count.

Now, while the parties prepare for tomorrow’s sentencing, prosecutors are announcing their dissatisfaction with the verdict and Nancy Kerrigan is speaking for her family indicating that they did not want any prosecution at all. So, it’s a sure bet they will ask for no jail time while the Commonwealth likely seeks the maximum.

Meantime, the Defendant remains in custody.

Continue reading "Woburn Homicide Trial Ends With Massachusetts Assault And Battery Conviction" »

The Massachusetts Supreme Judicial Court in Boston has ruled in favor of the prosecution. The type of case? Operating under the influence.

As you may know, when one is pulled over by police, and suspected of being under the influence of drugs or alcohol, one is offered the opportunity to try their luck in a variety of mini-contests. These would include various field sobriety tests as well as the breathalyzer machine.

The SJC has now ruled that the Commonwealth need not call a technician to testify that the breathalyzer used was working properly at the time in question.

The matter originated with a Greenfield woman who had been convicted of drunk driving. Her Massachusetts drunk driving attorney argued that, since the certification of the breathalyzer was introduced into evidence, that the defendant had the right to cross-examine a live witness with regard to said certification. The purpose, of course, would be to call into question how closely the machine had been inspected so that the jury could decide for itself whether they believed the machine was working properly.

After all, the United States Constitution’s Sixth Amendment indicates that a criminal defendant has the right to confront and cross-examine adverse witnesses. The defense argued that the certificate is testimony in itself and one cannot cross-examine a piece of paper. Thus, the preparer of said certificate should be called to testify by the Commonwealth.

Continue reading "Boston’s SJC Rules Against Defense Drunk Driving Attorney On Breathalyzer Evidence" »

Michael Varano, 52, of Bridgewater (hereinafter, the “Defendant”) and his son are now facing criminal charges. It was a Massachusetts theft.

The victim? A local church.

According to the Commonwealth, the Defendant and his 11-year-old son are accused of a Brockton burglary at St. Thomas Aquinas Parish and stealing food from its kitchen last Friday night. In true Christian spirit, the Reverend Joseph Roeke, representing the church seeks compassion in handling the crime.

“It’s a very sad situation,” Raeke said in a phone interview. "If he had let me know he was in such dire need of food, we would have given him some food.”

Police called Raeke to identify the stolen food, which, he said, included juice boxes, cookies, and other snack foods allegedly stolen from “The Enterprise”, the church’s kitchen, located in Brockton. The food had been meant for the celebration of a new priest’s first Mass, Raeke said.

“I think we need to be praying for people who feel so desperate,” Raeke said.

Continue reading "Bridgewater Theft By Father And Son Prosecuted Despite Victim’s Forgiveness" »

When we began discussing the tragic tale of Julianne McCrery (hereinafter, the “Defendant”), we concentrated on the Massachusetts outstanding warrant issues. Now, we look at the issues surrounding the apparent homicide of her little boy.

She has been arraigned on second-degree murder charges in New Hampshire for killing her child, where it is believed the actual homicide took place before the body was dumped in Maine.

The Defendant had written a book which was published in 2008, entitled Goodnight, Sleep Tight! How to Fall Asleep and Go Back to Sleep When You Wake Up. The book features numerous tips for better sleep, including suggestions about diet, relaxation, and meditation.

"I am way more freaked out about all the little things in life, and was forced to devise a plan in which to save myself from all the self-imposed static I create in times of fear." she wrote. When she is angry about something, she wrote, thoughts "go around and around like vicious sharks."

In a passage about her son, the Defendant wrote that he had major ear problems for eight months, and had "tantrums like you cannot imagine." She also explained that he did better after undergoing surgery, but "still rocks one wild tantrum after another when frustrated."

"Three is a tough age sometimes," she wrote, affectionately calling him "my little guy."

In another section, the Defendant briefly recalled losing the "love of her life," and other hard times. She wrote that, "I'm strong in my faith, but sometimes at night it is still very difficult to just halt my emotional turmoil in the midst of all of it," she wrote.

Continue reading "Mother Of Deceased 6-Year-Old Boy Faces Murder Charges (Part Two of Two)" »

Not many cases are as tragic, from any perspective, as the drama being played out in Concord today. I am referring to Julianne McCrery, 42, who will soon need an experienced homicide attorney in New Hampshire. She was arrested in Chelmsford, is held as a fugitive and is hereinafter referred to as the “Defendant”.

On the periphery, there are the typical cast of characters. There are the various family members and friends who describe the Defendant as “troubled” and swear that she would never hurt her child. There are the casual observers who saw her at what is assumed to be the time of her son’s death who describe her as “not a nice person”, disheveled and quiet based on barely any interaction at all, yet apparently worth mentioning in news accounts.

And, in the heart of it is a dead child. The boy who was found dead days ago, left unidentified. The 6-year-old boy for whom authorities searched until they found a name…and a mother. A mother who has apparently confessed to killing him.

The chief medical examiner of Maine has determined the cause of death to be asphyxiation, although the final determination is pending further study.

The suspected cause of the asphyxiation? Too much cough syrup.

Indeed, a close friend describes that the boy had had a bad cough.

Continue reading "Mother Of Deceased 6-Year-Old Son Is Arrested On Warrant In Chelmsford, MA, And Will Face Murder Charges (Part One of Two)" »

The trial of Mark Kerrigan continues at Middlesex Superior Court in Woburn today. As you no doubt recall, Mark Kerrigan is the brother of Nancy Kerrigan, renown Olympic skater. She has had her own previous dealings with the criminal justice system…as a complainant. This time, she is supporting the defendant, her brother, who is being prosecuted for the Massachusetts homicide of their father.

Of course, in this blog, as in the criminal justice system, Mark Kerrigan is known as the “Defendant”.

There does not seem to be too much debate around the surrounding circumstances of the elder Mr. Kerrigan’s death. He was in some kind of altercation with the Defendant when he collapsed and died. According to the defense, including the deceased’s family members, he died as a result of severe blockage of his coronary arteries.

The Commonwealth disagrees. The chief medical examiner has testified that the death was caused by heart failure triggered by the physical altercation with the Defendant. He has opined that Mr. Kerrigan's fatal cardiac dysrhythmia -- a loss or interruption of a normal heartbeat was not only caused by the altercation, but that he also suffered an acute fracture of cartilage in his larynx, an injury prosecutors say the Defendant inflicted

Continue reading "Massachusetts Chief Medical Examiner Testifies At Mark Kerrigan’s Woburn Homicide Trial" »

Dominique Strauss-Kahn, 62, began this week facing a judge in a New York courthouse. He is the head of the International Money Fund, a married father of four and has a reputation that has brought him the nickname of “the great seducer."

He is also, hereinafter, known as the “Defendant”.

The Defendant was taken into custody on Saturday, where he stayed until Monday’s court appearance. During this time, he was identified in a lineup by a complainant.

The complainant is an, as yet, unnamed 32-year-old maid working in the hotel in which the Defendant was staying. She has reported that she entered his hotel room, thinking it was unoccupied. Instead, the Defendant emerged from the bathroom naked. He is said to have chased her down a hallway and pulled her into a bedroom, where he sexually assaulted her. According to the complainant, she tried to fight him off, but the Defendant dragged her into the bathroom, where he forced her to perform oral sex on him and tried to remove her underwear.

Finally, she was able to break away and alerted hotel staff and the authorities. By the time detectives arrived, the Defendant was gone, although he left his cellphone behind.

He was found some hours later and, plucked from first class on a Paris-bound Air France flight that was just about to leave the gate at John F. Kennedy International Airport.

Continue reading "iMF Chief Is Denied Bail In New York Sexual Assault Case" »

The mean streets of the Commonwealth were especially mean this past week and weekend.

A Bedford man was run down and killed during an alleged Burlington drunk driving crash. Further, a resident of a homeless shelter was apparently fatally stabbed near a hospital during a Boston murder. Finally, a man was shot at a Stoughton shooting.

Unfortunately, law enforcement was not on hand to prevent these Massachusetts violent crimes. After all, the police cannot be everywhere!.

However, they were on hand to keep the streets safe in Roxbury to prevent another horrible crime.

Boston police are now crowing about a courageous undercover officer who posed as a prostitute in order to nab five "johns" during a sting in Roxbury.

The intrepid female officer was stationed around Blue Hill Avenue to arouse…testosterone. As men came up to offer money for sex, they found themselves arrested for being part of the Boston sex trade, thus keeping the city streets much safer for us all.

Using the law enforcement's sparse resources in this way makes sense to the powers that be. It somehow fits in perfectly within their frame of logic.

Continue reading "Boston Murder, Human Trafficking, Prostitution…And Logic" »

Most of you are no doubt familier with the song, “Take Me Out To The Ball Game”. Well, today’s blog is about someone who thought it would be better if they offered that the ball game would come to others…piece by piece.

Nahant resident Jamie Pritchard Holland, 32, (hereinafter, “Suffolk Defendant”), now faces charges in both Massachusetts and New York. He is charged literally stealing home plate…and just about anything else he could get his hands on at Fenway Park. This would allegedly include an autograph of Red Sox legend Johnny Pesky under false pretenses.

According to law enforcement in both states, Suffolk Defendant attempted to sell the items in New York.

Apparently, he posed as the father of a sick child and convinced an auction house to sell the items to help him pay medical bills.

As you might have guessed, baseball memorabilia he had…a sick child he did not.

Continue reading "Nahant Alleged Fenway Thief Faces Charges In Massachusetts And New York" »

As a Boston criminal defense attorney, I have to tell you that there seem to be more and more of these cases. Folks in fairly responsible positions are finding themselves charged with the Massachusetts possession of child pornography.

This time, the gentleman hereinafter referred to as the “Defendant” is Jared Surette. The twenty-six year old former manager of a Lynn ice rink today pleaded not guilty to the charges in Lynn District Court.

The Defendant was arrested by members of the Massachusetts State Police Internet Crimes Against Children task force and charged with distributing material of a child in a sexual act and with possession of child pornography, according to Essex District Attorney Jonathan Blodgett's office.

The Defendant was released on $1,000 cash bail after pleading not guilty. He is due back in court on July 11. In addition to the cash bail, he is not allowed to have unsupervised contact with children under the age of 18 and cannot use a computer or the Internet.

Continue reading "Lynn Man Is Needs Experienced MA Criminal Defense Attorney On Child Pornography Charges" »

This past weekend saw a bit of nice weather. What better time to protest Massachusetts sex crimes against women? What better time to march around scantily clad and chastise men who gawk?

In short....what better time for a “Boston Slutwalk”?

You think I am kidding, right? Ol’ Sam’s sarcastic humor has gotten the best of him and he is crossing the line, huh? Well, not at all.

This past weekend, there was a parade of men and women, the later primarily wearing only micro minis and bras. It was called by its participants the “Boston Slutwalk” and it wound its way from Government Center to the Common the marchers, chanting, “However we dress, wherever we go, yes means yes, and no means no,”

People stared, but no one dared to act in the animalistic way one might expect. As the Boston Herald put it, “you don’t mess with 200 “sluts” on a mission.“

Boston’s “Slutwalk” was one of an international series of such things that began earlier this year when a silver-tongued Toronto police officer allegedly told a group of York University law students that the best way to avoid getting raped was to not dress like a slut.

How delicately and tastefully put.

Continue reading "A Boston Rape Attorney Discusses The “Boston Slutwalk”" »

…And so the nationally known South Hadley bullying criminal case that began as a bombastic farce goes out with a face-saving and clearer headed whimper.

As you have probably heard, and as we discussed in previous blogs, all but one of the teens indicted last year by, to be undeservingly generous, overzealous ex-district attorney Scheibel, have had their cases resolved. While one remains awaiting trial for a typical Massachusetts statutory rape charge (hardly a bullying issue), the other kids have resolved their cases as misdemeanors.

The dispositions ranged from guilty pleas to misdemeanors to continuances without findings. The latter means that, so long as that particular defendant stays out of trouble after a probationary period, the matter will be dismissed. In the various cases, of course, the fact that they were initially charged as they were did the damage to each defendant’s criminal record. At best, it will be several years before these high school students can potentially seal their records and so moving on to college and/or employment will be even more of a challenge than it already is for the general public.

Although she spent much of her time in giving a victim-witness statement blaming her daughter’s ex-boyfriend, Phoebe Prince’s mother, Anne O’Brien, apparently agreed to these dispositions. In her statements, she included the following statement:

“Phoebe ended her pain brought about by harassment, harassment that could easily have been stopped if any of those involved had ever reached inside themselves to find their own compassion.’’

Continue reading "South Hadley Bullying Cases Resolve In Misdemeanor Guilty Pleas and Continuances With Findings" »

Yesterday, we began our discussion about the Littleton coach (hereinafter, the “Defendant”) who had apparently lied before a Grand Jury when summoned to testify in connection with an ongoing Middlesex County rape investigation.

As we discussed, and it certainly deserves repeating, lying to authorities about an ongoing investigation, either under oath or not, is a crime. The only thing that changes is which crime it is going to be.

In this case, the apparent lies were spoken under oath. In the Grand Jury, witnesses are sworn in and questioned by a prosecutor about whatever is being investigated. To lie while under oath is the crime of perjury.

The Defendant was questioned about, among other things, whether he had committed certain crimes such as providing alcohol to minors. He denied having done so.
The government decided that the Defendant had committed perjury because his testimony, albeit self-serving, was contradicted by other witnesses.

To me, this brings about a couple of troubling questions.

Continue reading "Middlesex County Perjury Case, Littleton Lies And The United States Constitution" »

We have discussed it many times before, but the message still is not really out. Take it to heart –tell your friends-put up flyers- there is absolutely a different standard between you and police officers when it comes to telling the truth! They can lie all they want...that is regarded as
“good police work”

You can refuse to talk to them, or, better yet, buy time to talk to an experienced MA criminal defense attorney, but you cannot lie to them. That is called a Massachusetts feloney.

Enter former gym owner Stephen DiTullio (hereinafter, the “Defendant”). This Littleton gentleman was summonsed to a Middlesex County Grand Jury during an ongoing Middlesex County criminal investigation.

The investigation was into allegations of Massachusetts rapes of underage gymnasts by their coach, Steven Infante (hereinafter, the “Sex Offender”). The Sex Offender was found guilty in his own trial on the sex crimes last May.

Continue reading "Littleton Coach Is Sent To Jail For Middlesex County Perjury During Rape Investigation" »

Massachusetts politics can be a dangerous business. We have talked many times how it can run, and ruin, the criminal justice system. Sometimes, however, it can provide the system with new business.

Take the case of Antonio Arevalo (hereinafter, the “Battered”) for example. He has been a critic of Lawrence Mayor William Lantigua. A very vocal cri.

This angered some folks...one man in particular. David Figueroa (hereinafter, the “Defendant”) works as a bouncer for La Guira, a nightclub which is popular with the mayor. Apparently, he did not care for the Battered’s attitude.

According to the Battered, he was confronted and beaten by the 6-foot-9 Defendant who called him "a snitch" and the "man who took the mayor to court." .

Well, it is actually not only according to the Battered. The event was actually caught on videotape which has now hit the internet.

Anyway, The result was apparently a broken arm (in two places) for the Battered and a the need for a Massachusetts Assault and Battery Attorney for the Defendant

Continue reading "Lawrence Assault And Battery With A Dangerous Weapon Raises Questions About The Mayor’s Supporters" »

Maine ‘s Krista Dittmeyer’s body has been found. The mother of the infant who was found in her car is dead. Meanwhile, a Lowell man needs a Massachusetts murder attorney as he is accused of killing his wife. Two Roxbury handguns were recovered by police after chasing and apprehending two individuals.

None of these stories are the subject matter of today’s blog. Instead, let’s deal with a real issue. Something that is really causing consternation to the Commonwealth’s law enforcement community. After all, they are our protection and the keepers of our liberty, aren’t they?

Well, some of those liberties perhaps.

They were a bit miffed last week. You see, Suffolk University Law School Students are asking some apparently embarrassing questions. One such student has taken on a project which Boston Police brass and union officials call in “cop-hate baiting at its worst.’’

The police are so upset, in fact, that the university itself is seeking to distance itself from the project. The college ordered the fliers taken down, saying the collaboration between Suffolk Law students, the American Civil Liberties Union and the Boston Black Men’s Leadership Group should not have used the law school’s logo.

The hateful and offensive actions at issue is the posting of fliers for the “Police Misconduct Documentation Project” and the “Police Complaint Assistance Project”. These posters ask horrible questions like “Have you been abused, brutalized or mistreated by the Boston Police ... ?”

Just imagine such a thing!

Apparently, according to the police and the university, such offensive questions should not be asked. One would imagine that such information therefore should not be compiled and should be silently swept under the rug.

After all, what is wrong with alittle police abuse? They have a hard job…aren’t the entitled to knock around a few folks?

Don't call it a Boston assault...call it simply alittle attitude adjustment.

Continue reading "Boston Police Fight Inquiry Into Assault, Brutality And Other Misconduct" »