Boston Criminal Lawyer Blog

On Monday, we discussed a number of recent motor vehicle accidents which took place over the past week in Massachusetts. Today, we focus on one of them.

It has all the makings of a scene from a very sad movie.

Lisa Leavitt (hereinafter, the “Defendant”) leaves a Christmas party in her own home. Lisa, a young dental assistant, gets behind the wheel. Her blood alcohol level is allegedly twice the legal limit.

Meanwhile, not too far away, Haverhill’s Karen LaPierre, (hereinafter, the “Deceased”) a 63-year-old woman many in the neighborhood regard as a “saint”, is picking up doughnuts for her church.

Allegedly speeding, the Defendant’s vehicle smashes into the back of the Deceased. The Deceased dies in her husband’s arms, her last words telling him that she loves him.

The Defendant is arrested on the scene. It turns out she has no prior record, which would include previous motor vehicle crimes. Only a couple of civil infractions.

Her entry into the criminal justice system is on a major charge…motor vehicle homicide while driving drunk.

“It was a brutal end,’’ Essex Assistant District Attorney John DePaulo said in Haverhill District Court Monday when the Defendant pleaded not guilty to the charge. Bail was set at $50,000 cash by Judge Patricia Dowling.

A brutal end for the Deceased. A brutal beginning for the Defendant, sobbing in the courtroom, her life forever changed as well. Prior to the accident, she had been treated for depression. Things are not likely to get better now.

Of course, she did not do herself any favors as she opted to continue her run of bad judgment allegedly telling the police, “ I don’t care what happens, just as long as I don’t lose my home. ‘’

Should the Defendant make bail, she will be required to wear a GPS monitoring bracelet and be tested for alcohol use in her home.

Attorney Sam’s Take Massachusetts Vehicular Homicide

Having had the experience of handling Vehicular Homicide cases, I can tell you that it is one of the saddest types of cases out there. There are no clear villains…albeit usually plenty of bad judgment. Often, as is perhaps the situation here, that bad judgment is related to emotional issues or substance abuse. It is not always about someone who was sloshing them back in abject celebration and then skipping happy-go-lucky to their car simply throwing any semblance of responsibility to the wind

Continue reading "ALLEGED HAVERHILL DRUNK DRIVER FACES VEHICULAR HOMICIDE CHARGES AFTER CRASHING INTO LOCAL GOOD SAMARITAN " »

This experienced Boston criminal lawyer checked into Boston.com this morning to get a view of what was happening over the weekend in the Commonwealth. It would appear that ‘Tis already the season for vehicular crimes throughout the Bay State.

• In Peabody, an 88-year-old woman was struck by a car at a major intersection. According to authorities, she suffered life threatening injuries, including head injury, from the collision. No criminal charges have been brought yet as the matter is still under investigation.

• In Springfield, two people, including a woman who is seven months pregnant, were injured in a highway collision due allegedly to one car swerving in and out of lanes and losing control, spinning into a guardrail, and travelling back into another lane. A second vehicle apparently swerved to avoid the first vehicle and crashed into another guardrail. Firefighters used the Jaws of Life to help folks out of their vehicles. While the matter is still under investigation, law enforcement says that civil motor vehicle infractions citations will be brought against the first car.

• A Haverhill motor vehicle homicide allegedly took place, killing a woman who was known to care for nearly 200 foster children, collected Christmas gifts for kids and provided meals for the poor at Thanksgiving. She was on her way to church when she was allegedly struck by a drunken driver.

• On Friday, the driver of a car involved in a crash that killed a Framingham State University student this month was charged with Operating Under the Influence and vehicular homicide.

All this…and we have barely had any snow on the ground yet…!

Attorney Sam’s Take Motor Vehicle Crimes And The Holidays

The stories of car accidents and fatalities may not be as exciting to read as the myriad of recent stories concerning sex crimes and other assault and battery cases in schoolyards and locker rooms, but they are no less serious.

For everyone involved.

Continue reading "MOTOR VEHICLE CRIMES AND TRAGEDIES ARE ALREADY NEWSWORTHY IN MASSACHUSETTS ONE WEEK BEFORE CHRISTMAS" »

This is a great time to be watching the criminal justice system!

Unfortunately, with a current changeover in my office and my son’s Bar Mitzvah occurring this week, it has been difficult to keep the Boston Criminal Lawyer Blog current on a daily basis. This should change next week. Meanwhile, campus criminal matters do seem to be dominating the headlines!

Today, the misadventures of Jerry Sandusky's lawyer seem to be big news. We last left that paragon of legal strategy when he allowed his client to make a fool of himself on national tv…all while the lawyer watched from another location unable to save his client…assuming he even recognized his client was in trouble!

For today, though, we finish our two-parter about the Dean College matter. As you will recall, this appears to be one of the few campus assaults that is not actually a sexual assault. Nope, just your garden variety Massachusetts assault and battery matter….with many, many wrinkles.

When we left off, I was asking whether, other than the obvious, there were other potential criminal defendants in the picture.

The answer, by the way, was in the affirmative.

Continue reading "ATTORNEY SAM’S TAKE: FRANKLIN’S DEAN COLLEGE CAMPUS DEFENDANTS (PART 2) " »

By now, you have undoubtedly heard about the Dean College assault and battery fiasco.

I know it is not technically Massachusetts bullying or hazing, but it does involved some allegedly illegal conduct.

Even if the authorities seem not to have figured out how yet.

In fact, it involves the possibilities of several criminal acts.

Several of the students have already been expelled form the school and Franklin police who are conducting the criminal investigation say that the “mob” who cheered on the attack are likely to face charges…as is the alleged attacker himself.

Franklin police Deputy Chief Stephen Semerjian indicates that said charges could include unarmed robbery and assault and battery with a dangerous weapon, to accessory to a crime.

Well, I guess that’s a start…

Attorney Sam’s Take On Omni-Directional Assault Cases

This case could actually be subtitled “can you spot all the potential Massachusetts crimes.”

Continue reading "GRAPHIC VIDEO EXPOSES CAMPUS VIOLENCE AT DEAN COLLEGE (PART ONE)" »

You may be a bit surprised at how this experienced Boston criminal lawyer's views the recent Andover hazing debacle given my oft-spouted views on Massachusetts bullying.

Simply put, it is not the same situation.

One similarity it does have, however, is the attention of Attorney General Martha Coakley. She is said to be scrutinizing the Andover public school system because of the latest hazing scandal.

Under the current Massachusetts law, Hazing is described as follows:

any conduct or method of initiation into any student organization, whether on public or private property, which willfully or recklessly endangers the physical or mental health of any student or other person. Such conduct shall include whipping, beating, branding, forced calisthenics, exposure to the weather, forced consumption of any food, liquor, beverage, drug or other substance, or any other brutal treatment or forced physical activity which is likely to adversely affect the physical health of any such student or other person, or which subjects such student or other person to extreme mental stress, including extended deprivation of sleep or rest or extended isolation.

In fact, Hazing is a crime under M.G.L.A. 269 § 17, the applicable statue, which provides for a potential jail term of one year as well as substantial fines should this law be broken.

Apparently, though, the AG is more concerned with the fact that the school has failed to file a complete hazing-prevention plan with the state. Yes...kind of those anti-bullying policies that various schools are failing to provide pursuant to their applicable, if worthless, statute.

Andover School Committee member Richard Collins, a track coach at the high school for 37 years, is also concerned. He says, “The rules state what you’re supposed to do. If you aren’t doing that, then you need to ...I’m confident that if that has to happen, then it will.”

A mighty strong statement if nothing else...

Continue reading "MASSACHUSETTS ATTORNEY GENERAL INVESTIGATES ANDOVER STUDENTS AND SCHOOL IN HAZING AFTERMATH" »

The Boston Criminal Lawyer Blog has been discussing the plight of witnesses in the Massachusetts criminal justice system. When we left off, the question came up about why, after simply being a witness, you may have to wait a long time and spend thousands of dollars before the "truth" came out.

The reason is that if you are not forthcoming as a witness the way the government wants you to...even if it involves matters in which you have no responsibility (unlike the cases of child sexual assault), you could end up a criminal defendant in need of experienced legal counsel.

We have discussed many times the overly-general definition of the Massachusetts crime of Intimidating a Witness. It includes lying to a police officer in the course of an investigation.

Clearly, the definition of "intimidation" differs here from one's ordinary experience and so many people are not only unaware of it, but would never suspect it to exist. yet, it is not only a crime, it is a felony.

"But, Sam, why should someone be able to lie to the police?"

Well, let's not "should" all over ourselves here for a minute and look at the facts. The fact is that police officers, during the course of a criminal investigation are not only allowed to lie to whomever they question...it is often encouraged and referred to as "good police work". Officers are trained in this area. Typical citizens are not.

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