Boston Criminal Lawyer Blog

Tonight is Halloween in Massachusetts. Well, except for the various cities and towns who have had to move the festivities to later because of this weekend’s weather issues.

Now, I don’t want to rain on anybody’s parade, and, hey, I enjoy seeing the celebrations of monsters, mass murderers and creatures of the night as much as the next guy…but there are some potential law enforcement dangers of which you might want to be aware.

Attorney Sam’s Take On Potential Legal Issues On Halloween Night

"Aw, c’mon, Sam! Do you have to ruin this for us too? I mean, everybody knows that the costumed charactors who prowl the streets on Halloween night are simply fun-loving celebrants who mean no harm, right?”

Well, yes and no. I must announce my bias first, though. As I have mentioned in the past, I live in Salem, MA. Halloween night is a bigger holiday than Christmas and Chanuka put together where I live. In fact, the celebration really begins with a parade much earlier in October and seems to be celebrated by blocking all traffic in every way imaginable for the rest of the month.

Continue reading "MASSACHUSETTS WEAPONS, ALCOHOL AND ASSAULTS ON A HALLOWEEN NIGHT" »

On Monday, the Boston Criminal Lawyer Blog broke the news that Attorney General Martha Coakley was about to meet with the legislature with recommendations in connection with the legal abomination our representatives passed into law last year about Massachusetts bullying.

Ever the optimist, I actually hoped that perhaps she would arrive with recommendations that actually add some common sense to the situation after both prosecutorial and regular politicians have botched the job…for the bully and bullied alike.

Well, apparently, she thinks she did. In fact, she told the Legislature’s Education Committee yesterday that her suggested requirement would be a “common sense” follow up to the statute passed and the several subsequent high profile bullying incidents in the Commonwealth.

I agree with her. Her solution is the perfect“follow-up” to that embarrassingly worthless statute.

Her recommendation? That every case of confirmed bullying be reported to the authorities. That’s right, the police and prosecutors. Let the prosecutions begin!

Attorney Sam’ Take On AG Coakley’s Solution

My first professional response to this was something like, “no…wha…really? no really? She didn't actually say....really?” Then, I sat and thought about it. I mused that perhaps her approach was the right one. In fact, maybe the only problem is that her approach does not go far enough.

Continue reading "MA ATTORNEY GENERAL MARTHA COAKLEY’S BRILLIANT SOLUTION TO THE BULLYING PROBLEM" »

Over the past week, there has been a lot of news concerning sexual assaults, or attempts thereof, in Somerville, Medford and elsewhere. As a result, law enforcement is looking into any possible connection between the various Massachusetts assaults

In case you do not know, Somerville and Medford neighbor one another and share the land upon which Tufts University sits. Because of Tufts, many young adults abound in the area at virtually all hours.

Does this mean that all males out walking alone could be suspects?

Attorney Sam’s Take On DNA Issues In Sexual Assault Cases

Initially, the answer to the question is “yes”. However, the potential suspect list gets narrowed a bit as descriptions of the assailant or assailants are given.

If there was any touching by the assailant(s) on almost anything, particularly the complainants, there might be DNA left behind which could narrow the search even further…maybe.

You see, when it comes to DNA, the police need a sample of someone’s DNA in order to make a match to it. Few college students have had occasion to give samples of DNA to the government or law enforcement.

Continue reading "A BOSTON CRIMINAL LAWYER DISCUSSES DNA ISSUES IN MA SEXUAL ASSAULT CASES" »

It is a topic that has seemed to fade from the spotlight...for all but those who truly suffer under the Massachusetts assaults, destruction of property and harassment that fall under the topic of bullying. Not so long ago, it was a wonderful political football regarding which the law enforcement community and politicians alike were able to grab headlines.

But, then, it seemed to be played out. No, the problem did not disappear. It’s just that after draconian political prosecutions start to be criticized and the legislature shoves worthless-yet-politically-shiny new laws into public view...what else is there to do? After all, since such approaches were clearly not going to improve things, the issue simply became too embarrassing to keep talking about.

Apparently, however, Boston-based Massachusetts Attorney General Martha Coakley is taking the stage once again to revive the public rant against Massachusetts bullying in schools.

The AG is planning to testify Tuesday before the Legislature's Joint Committee on Education on recommendations from a special bullying commission. This commission was created under the 2010 anti-bullying law which lawmakers rushed through and then congratulated themselves on passing the “toughest” such bill in the nation...although it was a toothless and overly broad piece of legislation that accomplished little other than creating “No Name Calling Day”, a new semi-holiday that has made a real difference in the lives of all the bullied and the bullies.

The commission's recommendations have included requiring schools to collect annual data on bullying. It also requires schools to state in their anti-bullying plans that certain categories of students are particularly vulnerable to bullying and harassment. Of course, some schools have complied with the original statute...some have not. With an overly broad statute that seeks to treat grammar school students and college students the same way...it kind of leaves one standing with a huge question mark hanging over their heads when trying to figure out what schools are really expected to do.

I wonder what new and specific new ideas the AG will bring to the table this time...other than telling us that bullying is a problem that costs a number of kids their lives and those branded with the scarlet "B"should simply be locked up?

Attorney Sam’s Take On Political Prosecutors, Public Dialogue And The Issue Of Bullying

The Boston Criminal Lawyer Blog has been quite vocal over the last couple of years on this subject. I have talked about it on television, radio, print media and, of course, this blog.

Continue reading "BOSTON’S ATTORNEY GENERAL CONTINUES DIALOGUE ON MASSACHUSETTS BULLYING" »

Sometimes, the Boston Criminal Lawyer Blog covers a story about a Massachusetts
rape. Other times, it is an internet crime. Still others, it is a white collar
crime. 19-year-old Tewksbury gentleman Thomas Hutchinson (hereinafter, the
“Defendant”) has now been indicted for all three, as well as other charges, by a
Middlesex County grand jury.

The Defendant is said to have posed online as someone in the modeling industry.
He got in contact with a 15-year-old girl and convinced her to send him naked
pictures and video. She complied. He then blackmailed her, threatening to post
the images and video if she didn’t have sex with his “friend”. According to the
Commonwealth, he also threatened to rape her if she did not meet with his pal or
if she alerted law enforcement.

Hopefully, it will not shock you too much to learn that there was no such buddy.
It was the Defendant himself who allegedly showed up at the appointment set for
February 28th as said friend. According to the prosecution, he then forced her
to perform a sex act in his car.

For some reason, this took a lot of time to indict. The Defendant was arraigned
in Somerville District Court back in early July and was only indicted yesterday.

Prosecutors are asking anyone who thinks they might also have been victimized by
the Defendant, or they might know someone who was a victim, to call the Computer
Crimes Unit of the North Eastern Massachusetts Law Enforcement Council at
781-396-0893

I will remind you that the Defendant allegedly had naked pictures and video of a
15-year-old on his computer. There may be other such material which they have
found.

In case you are wondering, yes, he has also been charged with the child
pornography.

Attorney Sam’s Take On The Defendants Likely Future

“Sam, you indicated surprise that the case took so long to indict. Is the fact it took so long likely to mean something?”

Continue reading "ANOTHER MASSACHUSETTS TEEN IS VICTIMIZED BY RAPE, EXTORTION AND RAPE THROUGH AN INTERNET SCHEME" »

Legal history is being played out again in Newark, New Jersey. The famous late trial attorney Clarence Darrow who handled ground-breaking cases like the Scopes (Monkey) Trial (as depicted in many movies and the film “Inherit The Wind”) was not only a renown criminal defense attorney.

He was also a criminal defendant, charged with jury tampering at one point. Today, a jury is hearing evidence and will soon determine the fate of another prominent defense attorney against whom the United States has brought criminal charges.

The lawyer, Paul Bergrin (hereinafter, “Defendant, Esq.”) was arrested in 2009 in connection with what the government claims wasa racketeering enterprise involving drugs, prostitution, money laundering and witness tampering.The witnesses against him? Former clients!

"When people are confronted with spending extraordinary amounts of time in jail, they will say anything and they will do anything to gain their release," Defendant, Esq. told the jury during his opening statement in U.S. District Court. "The only way for them to do that is to cooperate with the government."

Defendant, Esq. is not only the defendant in the case…he is also the defense attorney, representing himself.

The above-listed charges were severed by the court. Presently, He is facing trial on a murder charge. He is accused of murder and the criminal conspiracy to commit murder of a government informant, Deshawn “Kemo” McCray, who had been scheduled to testify against one of Defendant, Esq.’s clients.

According to the government, Defendant, Esq., provided Kemo’s name to his client’s associates, one of whom shot Kemo to death. The prosecution claims that Defendant, Esq. had told said associates, “No Kemo, no case.”

While this trial focuses on the allegations of murder, the prosecutors have been able to tell the jury about allegations of involvement in a drug operation. In his opening statement, the prosecutor described Defendant, Esq., as a "house counsel" for a Newark-based drug operation who gradually became involved in the drug trade himself and saw his own world about to fall apart if Kemo was to testify.

"That provides the motive for this crime," the prosecutor told jurors. "He had a personal motive at this point; his neck was personally on the line."

Continue reading "NEW JERSEY CRIMINAL DEFENSE LAWYER IS PROSECUTED IN FEDERAL COURT FOR CONSPIRACY TO COMMIT MURDER " »

On Saturday night, a 31-year old woman was jogging on the Esplanade. Suddenly,
she reports that a gang of men surrounded and attacked her.

Apparently, she was able to escape the men after having been punched twice in
the head. She says that the men had been standing around and drinking beer
when she passed them and they attacked her.

The jogger is indeed lucky that she escaped without further harm from the
attack. There have been three sexual assaults on the Esplanade since 2007,
according to the police. However, the Commonwealth does not believe that this
weekend's incident is related to those earlier ones.

In my last blog, we discussed how the crime of Massachusetts assault and battery can trigger other, more serious charges. You do not need a Boston criminal lawyer to tell you that what happened this past Saturday night involved assault and battery. We have also discussed that it may not even matter who did the punching because the Commonwealth would likely charge all the men under the theory that the group
attack was a joint venture.

Attorney Sam's Take On Massachusetts Assault And Battery

"Sam, I notice that sometimes it is called "assault and battery" and other times simply "assault". What is the difference?"

Continue reading "A Boston assault and battery on Cambridge woman - further discussion of MA " »

The Boston Criminal Lawyer Blog has begun to more fully discuss the parameters of Massachusetts assault and battery. What will surprise you is how slight touching can result in such a criminal charge. But first, let’s look at a gentleman from Lawrence who is finding out that, sometimes a simple physical expression of his temper is more than simple assault and battery…even if nobody is killed.

The incident took place on Sunday. The police say that 23-year-old Hermenes Rosa (hereinafter, the “Defendant”) encountered he who would become the “Complainant” as the Complainant was leaving a Tewksbury Dunkin Donuts. The Defendant is said to have driven close behind the Complainant’s car, ever nearing the bumper. Then, apparently, the Defendant started yelling obscenities at him.

Following in the display of misguided logic, the Complainant then apparently pulled into a parking lot and exited his car to approach the Defendant.

A little foreshadowing here…it turns out that the parking lot belonged to a state hospital.

The Complainant got out of the vehicle and allegedly confronted the Defendant, who allegedly responded by revving up his engine and driving at him. He then drove another short distance…with the Complainant on the hood.

Finally, the Complainant rolled off the hood and landed on his feet. The Defendant is said to have driven at him again, but then drove off laughing.

Consistent with the good sense he had demonstrated already, the Defendant returned to the scene on foot.

Where he was arrested.

Continue reading "Tewksbury Road Rage And Massachusetts Assault And Battery Arrests" »

You may be looking at today's news and wondering if we have now returned to the
the 1960's - 1970's with regard to the recent activities of a group called
"Occupy Boston"...and several such protests across the country. The latest
activity of the group has led over 100 of the group to be arrested. The
familiar accusations of police brutality and similar assaults are flying.

Boston Mayor Thomas M. Menino today went on record to defend the arrests,
explaining that, while he agrees with them on the issues they are protesting,
the cannot be allowed to “tie up the city.”

“I understand they have freedom of speech and freedom of expression, but we have
a city to manage,” he said in a telephone interview. “I’m open to suggestions,
but civil disobedience will not be tolerated.”

The early morning arrests of the protesters, who gathered downtown in
recent days to criticize the financial industry and social inequality, began at
about 1:20 a.m..

He said protesters had crossed two lines, first, by marching on the North
Washington Street Bridge and threatening to tie up traffic and, second, by
expanding their campground to a newly renovated area of the Greenway that the
city had asked them to stay off.

Occupy Boston said today in a statement that police had “brutally attacked”
protesters. In turn, Boston Police have brought their own claims of assault
against them.

“Today’s reprehensible attack by the Boston Police Department represents a sad
and disturbing shift away from dialogue and towards violent repression,” the
group said on its website.

Masny-Latos, who was on scene as a legal observer, said no protesters fought
with police. She said police could have employed a technique routinely used at
other protests – police approach a protester, tell them they are violating the
law, and the protester then submits to being taken into custody – and still
achieved their goal of clearing the area.

“They really attacked,’’ Masny-Latos said of the police. “They used force that
was completely unnecessary. … It was just brutal. I have no idea why they
arrested us with u such force.’’ Masny-Latos herself was arrested by the police
despite the fact that she3 was wearing clothing indicating that she was simply a
legal observer.

To her shock, Masny-Latos herself was among those arrested. She said Boston
police usually respect the legal observers the guild routinely dispatches to
public protests.

“Four officers grabbed me and dragged me,’’ she said. “I begged them to stop,
[told them that that] they were hurting me. I have no idea why they arrested us
with such force.’’

Police had earlier warned the approximately 1,000 protesters to leave the
Greenway area, where they had settled hours before, and relocate to either Dewey
Square or a small, adjacent strip of the Greenway.

Continue reading "Amid claims of police abuse, Occupy Boston protesters are arrested for various MA misdemeanors and felonies" »

Last week, the Boston Criminal Lawyer Blog began addressing common questions regarding allegations of Massachusetts domestic violence cases. Today, Columbus Day, is one of those holidays when family members find themselves together to celebrate the actual holiday…or simply enjoy a day off. Either way, tempers sometimes erupt. More today than ever… lost tempers can easily end with someone being awarded the Commonwealth Bracelets of Shame.

“Why do you say ‘today more than ever’?”

Because, after years of looking the other way, these matters are treated with extra sensitivity these days. The term “extra sensitivity” translates to, “somebody is going to jail and the prosecution is not going to end any time soon no matter what either of you want”.

Too often in the past, matters in which someone was assaulted in any way were ignored until the incidents repeated themselves and people ended up dead. No, this does not mean that this was true with every domestic argument. However, our criminal justice system is not always great at splitting hairs. Therefore, we have a “no tolerance” approach to these things. We have seen this with cases involving children and any case involving a heated argument or unwanted touching, no matter how slight, between couples or family members. As a result, when the police are notified of such a disturbance, somebody from the household is going to accompany them back to the police station at the end of the visit.

“Well, what happens if it becomes clear the next morning that the situation was simply taken out of context and blown out of proportion the night before? Will the police simply dismiss the case? Will the prosecutor?”

Continue reading "Attorney Sam’s Take: A Boston criminal lawyer answers questions about MA Domestic Violence" »

The Boston Criminal Lawyer Blog sends its regrets...

From the end of last week through this week tales of Massachusetts murder, rape and robbery arrests and criminal appeals have not been posted. In fact, only this admission exists.

My defense is the collision of scheduled appearances between trial and appeal courts, as well as the Jewish Holidays.

Next week, however, we begin anew. Will start on Columbus Day. We will honor that one day holiday we left off...Massachusetts domestic violence questions.

Seems appropriate since the family will be at home.