Boston Criminal Lawyer Blog

When we last left off, Boston Criminal Lawyer Blog was discussing an apparent shift in the criminal justice system through which people are punished for not playing the part of a government witness. I was opining that we could see more of this trend in the future.

You may be wondering what the status of such involuntary testimony is right now.

" ‘Involuntary testimony’? Sam, it can't be that I can get arrested for not cooperating with the police about a crime that has nothing to do with me, can it?"

It certainly can. In fact, let's look at what you mean by what "nothing to do with me" means. As far as law enforcement is concerned, any matter in which you witnessed something involves you. Given the goals of law enforcement, any potential witnesses should have to cooperate with police.

This makes sense, of course. After all, their stated goal of any criminal investigation is to solve the mysteries and catch the "bad guys" as police define them. Given that this is their primary motive, it makes sense that they feel that any reluctance on the part of potential witnesses should not be tolerated. After all, it makes their job harder and sometimes, even, impossible.

"Hey...they may be right. It kind of makes sense. Wouldn't such a system make sense?"

Well, it might be, if not for the fact that it is contrary to certain fundamental ideals underpinning our judicial system.

Continue reading "ATTORNEY SAM'S TAKE ON MASSACHUSETTS INVOLUNTARY GOVERNMENT TESTIMONY (PART ONE)" »

This Boston criminal lawyer believes that we are moving up another notch in criminal liability in the Commonwealth of Massachusetts….probably nation-wide in fact.

A famous, and late, gent of the 1500’s , John Donne, once wrote that no man is an island. In other words, we are all connected and must interact with each other. It suggests that we all have some sort of responsibility for one another.

Such an idea is not foreign to the justice systems, both civil and criminal. As this is the criminal lawyers blog, let’s stay on the criminal side.

The idea that someone has the responsibility of someone else has long been situational in the criminal justice system. While there has not necessarily been a duty to intervene in a crime, or even report it, there have, of late, been exceptions to the rule.

For example, a health care professional or an educator has a duty to report any potential of child abuse. A therapist, who’s patient’s sessions are normally kept confidential, must take some action if that patient seems to be an imminent threat to someone else.

Now, coming to the aid of a potential victim is, of course, not always easy to do. First of all, doing so might get one hurt or killed. Second, nobody really loves to be drawn into the criminal justice theatre, be it witness or defendant. However, particularly in the wake of Penn State’s sexual assault scandal, the rules of culpability may be about to become harsher.

Speaking of being responsible for another, criminal defense attorneys have a certain responsibility to their clients. With that in mind, one may wonder what was passing for strategy when Jerry Sandusky (hereinafter, the “Defendant”) agreed to be interviewed on national television this week. The general rule is that criminal defendants, factually guilty or innocent, should not give interviews about the pending charges. It is too dangerous. There are certain exceptions, of course, but, near as I can tell, this was not one of them.

In fact, there is a chance the media frenzy on the story would have died down a bit had the Defendant not taken the near-legally-suicidal step of chatting with Bob Costas. Clear thinking notwithstanding, there he was, as his defense attorney sat by on camera, states away from his client, who was happily talking about towel-snapping and horseplay in the shower with nude children.

Maybe an insanity plea is in the works…

“But, Sam, clearly any problem the Defendant has with his lawyer’s advice would be a civil matter, not a criminal one.”

Yes, of course. And, in days gone by, the failure to act to protect someone would also be a civil matter. And, it should be pointed out that criminal charges have not been brought against anyone other than the Defendant.

Yet.

Continue reading "ATTORNEY SAM’S TAKE ON HOW PENN STATE’S SEXUAL ASSAULT SCANDAL ERODES YOUR RIGHTS (PART ONE OF TWO)" »

Attorney Sam’s Take On The Criminal Liability Of The Penn State Debacle

Students are protesting it. News stations are broadcasting debates about it. And, yes, the Boston Criminal Lawyer Blog is discussing it.

It has come light that Penn State had a problem with sexual assault over the years. The alleged perpetrator was assistant football coach Jerry Sandusky (hereinafter, the “Defendant”).

The Defendant has been arrested, but allegations of wrongdoing do not end there in this case.

During the course of the state investigation into the matter, allegations have emerged that law enforcement, which began an investigation into the allegations, closed that investigation without doing anything about alleged felonies. Further, it has been discovered that the President Graham Spanier and famed head Coach Joe Paterno were aware of the Defendant’s activities but also did nothing about it.

Result?

As the spotlight has been pointed into a dark hole in the university's protective coating, law enforcement and college officials have not been forced into action. Now, years after the fact, Spanier and Paterno have been fired. Most recently, as last week came to a close, Mike McQueary, was placed on administrative leave for the same reason. Kinda sorta. He had told someone...just did not go far enough.

But the result at the time?

The victims, and other victims, now known and unknown, stayed victimized and, it would seem, the problem persisted. The allegedly guilty remained unaccused and unpunished.

Of course, this is not the first time we have heard of such things. Over the past several years, we have been inundated with reports and court actions in connection with similar activities by the clergy while those in charge turned their heads in all kinds of angles in order to ignore the criminal and...one might guess...sinful activities.

And so now, years later, the news is out and Messrs.’. Spanier, McQueary and Paterno ( hereinafter referred to as the “Fired”) are released by the university in disgrace.

However, it is worth noting that they are not the alleged perpetrators parties. In other words, there is no allegation that they themselves molested any students or, actively encouraged any such actions.

Or is that really true?

Continue reading "PENN STATE OFFICIALS ARE FIRED…WHAT IS THEIR CRIMINAL LIABILITY?" »

When what promises to be a Boston arrest warrant matter filled case like this one hits the news, you may remember my oft-times repeated warning this Boston criminal lawyer gives his readers.

I always warn you that if you are approached or flagged down by law enforcement, it is best to neither attempt to out-talk, out-fight or out-run; you will not win.

Well, you may want to quarrel with me on this after this story.

You see, yesterday, Randolph and State Police had occasion to chase three suspected thieves into Dorchester and downtown Boston. However, they came up empty, even with the help of a police dog.

The action began when a resident of an apartment complex looked out at 5 a.m. and allegedly saw someone breaking into their black Honda Civic. And so a call was made to the police.

The officers apparently arrived as the Civic was driven off with two men wearing hooded sweatshirts inside the vehicle. The police say that the suspects also had an accomplice driving a Dodge Caravan with them for assistance. “Assistance” here basically amounted to speeding away, along with the Civic, when Randolph police arrived.

The chase was on.

The chase continued to Interstate 93 northbound, where State Police joined the pursuit, authorities said. The Civic then drove off onto Morrissey Boulevard. There, the Civic crashed near Dunkin’ Donuts. The driver of the Civic drove on the Southeast Expressway until the Freeport Street exit and then drove onto Morrissey Boulevard.

The two men inside ran off…and got away.

Meanwhile, the driver of the Caravan managed to elude pursuers once he reached the Central Artery tunnel.

Three – zero. Bad day for law enforcement.

Continue reading "RANDOLPH AUTO THEFT CASE SPREADS TO BOSTON AS THREE SUSPECTS ESCAPE" »

As you may recall, this Boston criminal lawyer has been linked to the late, famed and, frankly, supremely talented Michael Jackson. As one can see on the website's profile, I was a regular commentator on the Fox News Channel during his trial for sexual assaults against children a number of years ago. Then, upon his untimely death, I was again sought after by various television, radio and print media to discuss the tragedy.

And now, the saga has entered its final stages and the same government which once accused him of being a sexual predator has now renamed him “victim” and charged his doctor with his homicide.

Unlike when Jackson was a defendant, this time the state was successful in its prosecution.

Conrad Murray, M.D., has been found guilty of involuntary manslaughter. He now remains in custody as he awaits sentencing.

The state’s theory, supported by a variety of lay and expert witnesses, as well as eye-opening communications and tapes, was that Murray, Jackson’s personal physician, engaged in several medical missteps that led directly to the King of Pop’s death as a result of a drug overdose.

The 58 year old cardiologist faces a maximum sentence of four years in prison and a minimum sentence of probation when he returns to court on later this month. The doctor, who has already had his medical license suspended by California authorities, will likely be prohibited from practicing medicine.

As you may recall, I was somewhat surprised when it came out that the good doctor ‘s legal team might suggest that Jackson committed suicide. You can read that posting, by the way here As you may recall, at the time of his death, Jackson was making a comeback, had spent a great deal of time enjoying his children and was putting together a huge concert which was being recorded and ended up released as a major motion picture. If he had weathered the turmoil of his days as a criminal defendant without an attempt at suicide, it was difficult to imagine that this would have been the time he would have done so. However, sure enough, the defense lawyers did not agree with my outlook. They attempted to persuade the court that Michael Jackson died by his own hand. Unfortunately for the defense, there was scant, if any, evidence of that.

Continue reading "MICHAEL JACKSON’S DOCTOR IS FOUND GUILTY OF HOMICIDE BY JURY" »

Early last Wednesday morning was a busy time for the Boston Police Department. As a result, three gentlemen from Dorchester, Roxbury and West Roxbury now face various criminal charges in connection with various Massachusetts felonies.

It was last Wednesday morning, prior to 1:00 a.m. An officer says he heard shots fired and then the screeching of tires and acceleration of an engine in Boston’s Selden Street area . He then observed a black 2002 Nissan Maxima speeding by. The officer reports that he tried to stop the car, which accelerated to 60 miles per hour in a residential area. The chase continued and the Nissan is said to have accelerated to over 80 mph during the chase.

Lawrence Perryman, 20, of Dorchester, was behind the wheel of the Nissan. A witness told police that while on Crowell Street, two individuals had been shot at by a black male in a black vehicle, police said. A gunshot victim admitted himself to Carney Hospital with a non-life-threatening injury around the time the officer began pursuing Perryman in the black Nissan.

Perryman was held at gunpoint until he was arrested. Police found that Perryman’s driver window was open, and subsequently found a silver revolver with a black handle in front of 630 Gallivan Blvd., police said. The weapon had damage consistent with being slid across the pavement.

Around the same time, officers were flagged down by someone who reported being kidnapped and robbed by two armed suspects, the statement said. According to the statement, the complainants were allegedly walking down Blue Hill Avenue when they were approached by the suspects in a “white school van.” The suspects are said to have produced a gun and forced the victim into the van at knifepoint, police said.

The victim was driven to the area of Burrell Street, robbed of an undisclosed amount of cash, and then let go, according to the statement.

Officers located the van on Stoughton Street based on its description, and it was soon brought to a stop. The suspects were identified and arrested, police said.

Mr. Perryman was charged with assault with intent to murder, possession of a firearm, violations of the firearm laws, and motor vehicle crimes, according to a statement from the Boston Police Department for the morning’s festivities.

The other two gents, Kevin Ford, 38, of West Roxbury, and Joseph Hofges, 36, of Roxbury, were awarded with multiple charges, including armed robbery and kidnapping, in the second incident.

Attorney Sam’s Take On Massachusetts Guns And Violent Crimes

None of the various alleged criminal acts mentioned in today’s Boston Criminal Lawyer Blog are particularly slight indiscretions. Most of them are Massachusetts violent felonies. However, adding a deadly weapon, particularly a gun, into the mix makes the matters more serious immediately.

Continue reading "BOSTON POLICE ARREST THREE IN MORNING OF KIDNAPPING, ASSAULT AND GUN CRIMES" »

Even a Boston criminal lawyer sometimes has to be reminded to do his homework sometimes. It would seem that it is a lesson that the Boston Globe might want to observe as well.

Over the last two days, I have been unfairly blasting WBZ political commentator
Jon Keller. Among other things, Mr. Keller does a daily short broadcast, called "Keller At Large" on the station (1030 on your AM dial) about an issue of the day. The other day, what I heard offended and angered me for reasons that will soon become apparent. Immediately, I took to attacking the view put forth as well as its messenger, Mr. Keller. However, it
turns out that Mr. Keller was simply discussing the recent findings of a Boston
Globe Spotlight Team. Their findings, as reported, would be enough to enrage
anyone...even a longtime professional commentator like Mr. Keller.

The Globe's "findings" would be enough to lead almost anyone to the wrong
conclusion. Mr. Keller does not practice criminal law in the Commonwealth
and so simply discussed the findings as presented. Realizing that my attacking
him was unfair, I have removed the two blogs and offer my apologies to him.

One would imagine that a newspaper with the reputation the Globe enjoys to have
done its own homework , asking all the pertinent questions. This is part of being "reliable". In this case, it would appear that it did not do so. Instead, it printed a very misleading and misinformed story which has created quite a stir.

The subject matter is Massachusetts drunk driving cases. The story, apparently
based primarily on blind assumption that judges in the Commonwealth find 80% of
drunk drivers not guilty.

Continue reading "MA DRUNK DRIVING CASES AND THE BOSTON GLOBE SPOTLIGHT TEAM" »