Boston Criminal Lawyer Blog

Did you know that the Boston Criminal Law Blog is the number one read criminal law blog in Massachusetts? Thanks for that, by the way. Well, it looks like we need to tell our neighbors in Rhode Island about it too. After all, I began this week warning you about keeping your cool during…heated…situations.

I meant outside as well as inside.

Nevertheless, one day after I posted the blog, a Rhode Island woman allegedly threw her coffee onto a meter maid who was ticketing her car in Brookline.

Krystle C., 23, of Rhode Island (hereinafter, the “Defendant”) has been arraigned in Brookline District Court on charges of assault and battery with a dangerous weapon and assault and battery on a public employee. She was released on personal recognizance (no bail) and a further hearing was scheduled for April 5th.

Yes, the dangerous weapon was the coffee.

Continue reading "Boston-Area Parking Violation Results In Felony Assault With Weapon Charge" »

Well, the Boston Criminal Law Blog is likely to a be a bit shorter this week as we prepare for major battle in the criminal justice trenches later this week.

There is always time, though, to remind you that, even in the times of hottest temper, it pays to keep your cool. Here is an interesting little tidbit that caught my eye this past weekend.

Andre N., 21 of Westfield (hereinafter, the “Defendant”) is unlikely to be on time for work today. He had some trouble early Saturday morning. According to the authorities, the problem occurred at the ironically named “Fifth Alarm” strip club in Springfield. It would appear that he got alittle carried away, perhaps with the ambiance of his night out.

According to the police, the officers were working a detail at the club when a bouncer attempted to remove an unruly customer.

Yes, that would be our Defendant.

Continue reading "Massachusetts Strip Club Said To Be Scene Of Disorderly Conduct And Assault & Battery On Police Officers" »

Amy Bishop’s parents say that they will cooperate in the judicial inquest into the 1986 Braintree, Massachusetts fatal shooting of their son. However, they are adamant that Bishop shot him accidentally.

Bishop, a 45-year-old University of Alabama Biology professor, is now charged with the fatal shooting deaths of three university staff members on February 12. Following this month’s incident, Norfolk District Attorney William R. Keating initiated the inquest.

In 1986, Bishop, then 21, fatally shot her brother Seth, 18, with a 12-guage shotgun. Afterwards, she was accused of pointing a shotgun at two people at a car dealership where she demanded a car. Bishop was not charged with any crimes even though Keating says that Bishop could have been charged with carrying a dangerous weapon, assault with a dangerous weapon, and unlawful possession of ammunition.

US Representative William Delahunt, who was Norfolk district attorney at the time, says that the case was handled appropriately based on the information that was available. Now, investigators claim they have evidence that suggests Bishop may have shot her brother on purpose.

Bishop’s parents had initially refused to talk to Keating’s investigators. Her mom Judy was the only witness to the 1986 shooting. Dad Samuel was a material witness.

Bishop’s Massachusetts criminal defense lawyer says he is planning an insanity defense. He says that his client has serious mental problems and doesn’t even remember the fatal Alabama campus shooting.

Lawyer plans an insanity defense for teary Amy Bishop, Boston Herald, February 21, 2010

Delahunt defends actions in 1986 Bishop killing, Boston.com, February 22, 2010

Attorney: Bishop's parents to cooperate, have 'nothing to hide', Philly.com, February 28, 2010

Related Web Resources:
Amy Bishop Case Timeline, Boston.com

Norfolk District Attorney's Office

Here is another arena in the Boston area where the hysterical cry of the Lawenorder Bird calls, “Softoncrime! Softoncrime!” The bird, considered a symbol of justice to some is seen as a predatory bird by others. Criminal defense attorneys for example.

The arena is one in which only one-half of its nesting area is visible to the general population. The nesting area is known as “The Administration”. The arenas are educational institutions littered throughout the Commonwealth. Academic in nature, they often do not consider certain real-life considerations. This makes them especially susceptible to public opinion.

And public opinion is almost always in favor of an easy answer to crush the problem of crime.

“Ok. Now what on Earth is he writing about today?”, you ask. “Predatory birds? Nests susceptible to public opinion? Has Sam Goldberg finally lost his grip?”

Continue reading "Attorney Sam’s Take: Massachusetts Campus Crime Report Seems To Contend That Sexual Assault Is Now “Acceptable” In College" »

Jayson Williams, the former New Jersey Nets player, has been sentenced to a five-year prison term for charges related to his covering up of the fatal shooting of Costas “Gus” Christofi, a limo driver that he had hired. Williams accidentally shot the 55-year-old driver on February 14, 2002.

The fatal incident happened at the former NBA star’s home in Pennsylvania. According to prosecutors, Williams was reckless in the handling of a 12-gauge shotgun that then went off. He and two others were accused of trying to cover up what happened so it would look as if the limo driver shot himself.

In 2004, a jury convicted Williams of four charges of trying to conceal the fatal incident. They acquitted him on the criminal charges of evidence tampering, hindering apprehension or prosecution, witness tampering, and fabricating evidence. However, they could not agree on whether to convict him for reckless manslaughter.

During the criminal trial, the former NBA star admitted that he did not see whether the gun, which was part of his collection, was loaded, whether the safety catch was activated, or what direction the weapon was pointing toward. A mistrial was declared and rather than go through another trial over the reckless manslaughter charge, Williams pleaded guilty to aggravated assault. He has to serve 18-months in prison, concurrent with the 5-year sentence.

In 2003, Williams settled the wrongful death lawsuit filed by Christofi’s family for $2.75 million.

Former NBA star Jayson Williams gets five-year sentence in shooting, CNN, February 23, 2010

Williams Gets 5-Year Prison Sentence, Reuters, February 23, 2010

Related Web Resources:
Violent Crimes, Justia

Jayson Williams, New York Times

Continue reading "Former NBA Player Jayson Williams Sentenced to Five Years in Prison for Limo Driver’s Shooting Death" »

It would appear that the people of the Boston area dodged the proverbial bullet when Professor Amy Bishop (hereinafter, the “Defendant”) moved out of state. According to Alabama law enforcement, co-faculty members were not so lucky.

The Defendant stands accused at the moment of gunning down said members at a faculty meeting whereat it was revealed that she was not going to get tenure.

But her latest problems are not her first brushes with guns, assault and the law. In fact, the more the media dig into her past, the more is learned at how she allegedly skated by criminal prosecutions a number of times. Some such skating has left Massachusetts law enforcement officials scratching their heads.

For example, one of the first stories that were revealed were about the suspicions about her connection to an attempted bombing of a professor at Harvard when she worked there. She was apparently trying to become a famous scientist (see discovery of her book from Tuesday’s blog). Her supervisor was purportedly not pleased with her work. He received a bomb in the mail after an alleged dispute with her. Clearly, the federal officials did not believe there was enough to charge her and so nothing happened.

However, a cloud of mystery seems to have developed about that situation with her brother.

Continue reading "Boston Ghosts Of Criminal Past Continue To Haunt Prof. Amy Bishop, Now Accused Of Murders By Firearm" »

The Kerrigan family may have you alittle confused. The Boston Medical Examiner’s office says that the father (hereinafter, the “Deceased”) died because of an assault by the brother (hereinafter, the “Defendant”). The rest of the family is praising what a fantastic role model the Deceased was, but are standing by the Defendant. The District Attorney is trying to figure out what is the right move in the case.

Meanwhile, the superstar of the family, daughter of the Deceased and sister of the Defendant, former-Olympic but now-media star is publically vowing to fight the ruling that concluded her beloved father was murdered during a brawl with his son. In fact, in a long letter sent to friends that illustrated her adoration for the Deceased, Kerrigan yesterday defended the Defendant and called the state medical examiner’s ruling regarding the death “unjustified.”

The Defendant, meanwhile, remains at Bridgewater State Hospital, has pleaded not guilty to assault and battery on an elderly person,and wonders about his fate. Lord only knows what type of turmoil he is in.

“ ‘Turmoil’? But he is the Defendant! You mean he is afraid of what the punishment will be?”

No, actually, I meant what I wrote. Do you think there is very much the system can do to him that is not dwarfed by what he must be going through inside?

I have written many times about how media coverage and, indeed, fear of it often rules the criminal justice system. There is something else that plays a huge part in it and always has. Basic human emotion.

Continue reading "Attorney Sam’s Take: The Kerrigan Case – Boston’s Latest Confrontation Between Homicide Prosecution And Human Emotion" »

Was it a surprise to you? The Boston Criminal Lawyer Blog anticipated it just after the event and explained that it was likely to happen.

The news is that,the cause of death of the 70-year-old father of Olympic figure skater Nancy Kerrigan (hereinafter, the “Deceased”) is being ruled a homicide. However, Middlesex District Attorney Gerard T. Leone Jr. has not yet decided whether the son, Mark D. Kerrigan (hereinafter, the “Defendant”) will face murder charges. The Defendant has already been charged with assault and battery.

In a statement released this afternoon, Leone's office said that the state medical examiner has concluded the death of the Deceased was a homicide after he suffered a heart attack inside his Stoneham home early on January 24th. Leone stated that "The Medical Examiner determined that the cause of death was cardiac dysrhythmia following a physical altercation with neck compression causing injury to the neck in the form of a cartilage fracture to the larynx area, in a person with hypertensive and atherosclerotic cardiovascular heart disease,'' Leone said in the statement.

He further announced that the investigation is ongoing and that his office is deciding whether homicide charges are appropriate.

Continue reading "Kerrigan Massachusetts Assault Ruled A Homicide" »

Mark Kerrigan, the brother of Olympic figure skater Nancy Kerrigan, has been charged with assaulting their father Daniel Kerrigan. The 70-year-old was found unresponsive on Sunday morning in his Stoneham residence following an argument between the two men. He died later that day.

Mark, 45, has pleaded not guilty to all of the charges against him. The unemployed plumber is an Army veteran who continues to undergo Post Traumatic Stress Disorder.
According to police, Mark told them his father wouldn’t let him use the phone and the two men became involved in a physical altercation. He says that after placing his arms around his dad's neck, Daniel fell to the ground.

Police who arrived at the Kerrigan home say that Daniel was lying on the ground but alive. They claim that Mark appeared intoxicated and was “belligerent.” The officers found whiskey bottles in the basement. He was arrested on charges of Massachusetts assault and battery causing serious bodily injury and assault and battery with a dangerous weapon.

Mark has not be charged with Massachusetts murder. Autopsy results to determine is cause of death are still pending. The criminal defense lawyer appointed to defend Mark says his client is grieving over his father.

The Kerrigan family has been in the media spotlight before. Nancy Kerrigan is a former Olympic figure skating champion who won a silver medal at the 1994 Winter Games in Lillehammer. In 1994, she was assaulted in a plot by rival Tonya Harding, who she would go on to compete against and defeat in Norway.

Allegations of assault and battery causing serious bodily injury and assault and battery with a dangerous weapon are serious criminal charges.

Nancy Kerrigan's brother pleads not guilty to assault charge, Los Angeles Times, January 25, 2010

Nancy Kerrigan's father dies; brother charged in attack, Boston.com, January 25, 2010

Related Web Resources:
National Center for PTSD

The Nancy Kerrigan Biography, Biography.com

Continue reading "Brother of Nancy Kerrigan is Charged with Massachusetts Assault in Death of Their Father " »

Ok, so you have gotten over the shock of being charged with a crime. You have gone to court in Boston a couple of times for a couple of court dates that feel accomplished nothing. Finally, you ask your attorney when this will all end.

You get that sad but true answer…”it depends”.

Many things in the criminal justice system depend on what happens as the case progresses. This is not a science wherein there is an exact formula for how things go. You may have already witnessed this as you have gone to court and seen different people get different bail and sentence decisions although charged with the same crime(s).

You probably already know that, if a case is not otherwise disposed of beforehand, the case is resolved at trial. I am going to assume you know what that is. After the verdict, one of two things happen. Either the verdict was “not guilty” and the nightmare is over, or it is “guilty” and there is a sentencing hearing. Depending on the convictions, that sentencing may or may not result in the defendant going home.

Continue reading "Attorney Sam's Take - How You Resolve Your Gun, Drug Or Assault Case In Massachusetts" »

Brooke Mueller, the wife of actor Charlie Sheen, is seeking to have the restraining order against her husband modified. According to TMZ.com, she wants a judge to allow the two of them to be able to contact each other so they can work on the problems in their marriage. Her attorney reportedly told TMZ that his client and her husband still love each other and that the alleged dispute occurred during “one bad night.”

The 44-year-old TV actor was arrested on Christmas Day following an alleged domestic violence dispute with his wife. Sheen was charged with criminal mischief, assault, and menacing with a deadly weapon. Mueller told authorities that Sheen threatened her with a knife after telling him she wanted a divorce. The two of them reportedly had been arguing for several hours.

Sheen, however, is denying that he strangled his wife or held a knife to her. Police officers found a folding knife locked in an open position in the actor’s travel back.

Meantime, Stan Rosenfield, Sheen’s spokesperson stressed the importance of not jumping to conclusions over what may or may not have happened.

Sheen was released early on Christmas evening after he posted $8,500 bond.

Domestic Violence
Altercations between couples can be complicated and most situations are never clear-cut. This can create problems for a person who is accused by another of domestic violence. Even if the alleged victim decides to recant his or her accusations, the accused can still be charged and convicted for this crime.

Charlie Sheen's wife asks judge to modify restraining order, CNN, December 30, 2009

Charlie Sheen's Wife Claims Knife Threat in Assault, ABC News, December 28, 2009

Related Web Resource:
Massachusetts Law About Domestic Violence, Massachusetts Trial Court Law Libraries

Continue reading "Following Charlie Sheen’s Arrest for Alleged Domestic Violence, Wife Brooke Mueller Wants Restraining Order Against Him Modified " »

Bethany P., 21, of Londonderry, N.H. (hereinafter, the “Victim”) will not be returning to her Boston College senior class this week. You see, she met up with a Weston lad’s SUV this weekend. The lad was allegedly Benjamin K., an 18 year old gentleman (hereinafter, the “Defendant”) who the Commonwealth claims was driving drunk. The Defendant pleaded not guilty today, alongside his attorney. Nonetheless, he was ordered held on $50,000 bail.

The Victim was struck as she crossed St. Thomas More Road at around 12:55am Sunday morning. The Defendant was driving his parents’ Toyota Land Cruiser. She is said to have sustained “serious” injuries, but was listed in good condition Monday morning at Beth Israel Deaconess Medical Center, according to state police and a hospital spokesman.

While the Victim was alone at the time of the accident, the accident scene is full of student dormitories and an administrative building.

According to the Commonwealth, the Defendant left the Victim unconscious and bleeding in the road and left the scene of the accident. He was thereafter apprehended by BC police after a bulletin was sent out about the SUV. He was arrested as he tried to exit the college’s grounds.

Continue reading "MA TEEN CHARGED WITH VEHICULAR ASSAULT ON BOSTON COLLEGE STUDENT HELD ON BAIL" »

Kareem T, 28 (hereinafter the “Defendant”), was happy when Monday rolled around this week. After spending the week in custody, the Framingham man got to see his defense attorney and was returned to the free world…if $10,000 can be considered “free”, that is.

Last week was a bad one for the Defendant in the first place. First of all, he was arrested earlier in the week on drug charges. Then, three days later, on Friday, new allegations were broughtagainst him.

At 8:30 p.m., police received several 911 calls about a man pointing a gun at a person in a car at Jefferson Terrace. The police came to investigate, but found that the alleged victim had driven drove off and the suspect had walked away. However, bystanders gave police a detailed description of the suspect.

The officers converged on the area.

One of the officers saw two men walking, one of which had matched the suspect’s description. The officer is said to have yelled out, “Framingham Police, I want to talk to you”. One of the men walked toward the officer, while the other turn, looked at the officer and then ran away.

And so the chase began.

Continue reading "Arrested On Drug And Gun Charges, The Defendant Tries The "Self-Help" Approach To Criminal Justrice" »

You know, sometimes it just does not pay to have a conscience! I mean, some Commonwealths just cannot accept an apology without forcing you to get a lawyer.

Take, for example, the case of 31-year-old Juan C., a New York gentleman (hereinafter, the “Defendant”). Saturday night, he was in Lowell when he had a...disagreement with a gas station clerk. Well, it became a bit of a heated disagreement.

Okay, he allegedly pulled a knife and threatened the clerk with it.

Well, ok, that does not look so good I admit. However, the Defendant actually returned to the gas station on Sunday to apologize for his behavior.

The clerk had an interesting way of showing forgiveness...he called the police.

Continue reading "Apologetic Knife-Wielding New Yorker Arrested For Assault With A Dangerous Weapon" »

The are many theft-related crimes for which one can get arrested in the Boston area. Among the most serious are those of Robbery and Burglary. Both are generally regarded as crimes of violence. Both carry heavy potential prison terms. For both, you had best get an experienced criminal defense attorney to help you at the first possible moment.

The crime of Robbery is basically the taking of someone’s property through use of force. The force can come from a gun, a knife or even a fist. It can be the words “I am going to beat you to a bloody pulp”.

Continue reading "Attorney Sam’s Take: Arrest for Burglary / Arrested for Robbery – What’s The Difference?" »

R & B singer Chris Brown has been ordered to serve five years’ probation, in addition to six months of community labor and one-year of domestic violence abuse counseling, for assaulting performer Rihanna. If he violates the terms of his probation, Los Angeles Superior Court Judge Patricia Schnegg told the performer he could be sent to state prison.

Brown was arrested last February following an altercation with then-girlfriend Rihanna. Police were summoned after someone heard her screaming for help. Brown is accused of physically attacking her while they were riding in a sports car during a verbal dispute. He is accused of punching her, placing her in a headlock, and threatening to beat and kill her.

Rihanna did not press criminal charges against Brown, who was charged with felony battery and making criminal threats over their domestic violence dispute. He had initially pleaded not guilty to the charges and could have been ordered to serve five years in prison if convicted.

In June, he pleaded guilty to the charge of felony assault. Schnegg ordered Rihanna and Brown to stay away from each other.

Per the terms of Brown’s plea agreement, the singer is not allowed to go near Rihanna for five years. He will serve his sentence in Virginia. Richmond’s police chief will supervise the singer’s community labor. The making criminal threats charge has been dropped.

Brown will have to check in with a probation officer and see Schnegg every three months. He will return to her courtroom in November.

Massachusetts Domestic Violence
Regardless of whether or not serious physical bodily harm occurred, the state of Massachusetts considers allegations of domestic violence a serious matter. Police are supposed to arrest anyone who is accused of committing this offense.

These criminal charges cannot be combated without the help of an experienced Boston criminal defense law firm.

Chris Brown sentenced in Rihanna assault case, Boston Herald, August 25, 2009

Chris Brown pleads guilty in Rihanna assault case, CNN, June 23, 2009

Related Web Resources:
Massachusetts Law About Domestic Violence

Celebrities and Domestic Violence

The Boston Criminal Lawyer Blog has discussed many cases which involve elements to which law enforcement and the courts are particularly sensitive. Today’s posting involves one such class of victim, namely, children. In this case, it is the mother who faces criminal charges.

As the prosecutor told the court last Friday, police responded to a report of a 3-year-old being Kristen P. 27, (hereinafter, the “Defendant”) was charged with reckless endangerment to a child and assault and battery on a child and was held on $10,000 bail after arraignment in Lowell District Court. According to the police, they found her 3 year old son locked in a sweltering, filthy attic. The boy was naked, covered in urine and feces, and had several minor bumps on his forehead. Further, the police say that the temperature in the attic was over 100 degrees. The attic door was locked and the only window inside was nailed shut.

Officers say that another boy and a girl at the home told them that the Defendant took the 3-year-old by his arms ''and dragged him upstairs to the attic.'' The children told officers such things happened ''a lot.'' Apparently, ''Mommy does this when she gets angry.''

Continue reading "Arrested For Assault, Battery And Child Endangerment, Massachusetts Mom Loses Children And Freedom" »

In Massachusetts, 49-year-old Abington resident Michael McGunigle is now charged with manslaughter over the death of another Abington man. McGunigle, 48, is accused of punching Brian Cherry on July 6 during an argument.

The altercation between the two Abington men allegedly occurred after Cherry asked McGunigle to restrain his dog. McGunigle's pet was barking, jumping at people, and scaring some of kids.

Cherry, who was knocked off his feet by the alleged punch, landed on the pavement. His head struck the ground and he sustained traumatic brain injuries. He died on Sunday.

McGunigle had initially been charged with aggravated assault over the incident. He pleaded not guilty and was out on $3,000 bail. After an autopsy was conducted on Cherry’s body, however, the Plymouth district attorney’s office changed the criminal charge to manslaughter. They are calling Cherry’s death a homicide because his cause of death was injury due to blunt force trauma.

Today, McGunigle turned himself in. At his arraignment in Brockton District Court, the Abington man was ordered held on $50,000 bail.

McGunigle maintains that Cherry was the aggressor.

A Massachusetts criminal charge for manslaughter is a serious offense that could lead to years behind bars if you are convicted. It can be especially tough to receive the fair trial that you are entitled to if the court of public opinion is against you. For instance, the media may portray you in an unflattering light or tell the story about your case in such a way that you appear to be guilty even if you haven’t been convicted in a court of law.

A good Boston criminal defense law firm will know how to navigate through the obstacles that can get in the way of you getting the fair treatment that you deserve under Massachusetts law.

Fight over barking dog leads to upgraded manslaughter charge, Boston.com, July 15, 2009

Wife: Man In Coma After Dispute Over Dog, WCVB TV, July 9, 2009

Related Web Resource:
Manslaughter, The General Laws of Massachusetts

Continue reading "Abington Man Accused of Aggravated Assault in Barking Dog Incident Now Charged with Manslaughter" »

I have to confess a personal interest in Michael Jackson. First of all, I think he was immensely talented and, frankly lead a pretty tragic life in many ways. Second, his trial was the lead story when I was a regular contributor on FoxTV’s “Studio B”, as well as other such shows, years ago. By the way, yes, those are some of the clips that appear in the compilation video on my profile in the website. Today, the Boston Criminal Lawyer Blog revisits the Michael Jackson story as it shares a new chapter with the criminal justice system.

Yesterday, Mr. Jackson was laid to rest. However, the criminal justice turmoil that defined a great deal of his later years continues. Now, of course, he is not the "defendant" Now he is the “victim”. No, I am not talking about the manipulation and hypocrisy that so many are exhibiting regarding the claiming of his fame or even the battle over his possessions and children. I am referring to the question of homicide.

You see, drugs have been linked to Mr. Jackson’s death. The questions have been who gave him the drugs, why they gave him the drugs and by what authority they gave him the drugs.

Continue reading "Boston Watches As The Investigation Of Michael Jackson’s Death Continues And Homicide Is Likely Suspected" »

Now, I know what you are thinking. You see “Boston-area” and “Day Care Center” and you think of things like the infamous Fells Acres case and expect to find yet another story involving allegations of sexual assault being battled by a myriad of criminal defense attorneys.

Often, you would be correct. Today you would be wrong.

One of the constant messages of the Boston Criminal Lawyer Blog is that one never knows where criminal allegations may come from next. In this case, there are criminal allegations…but not of the sexual nature. In fact, not even of the intentional nature.

According to a local paper, the owners of a Fall River day care center were arrested last Friday. The police say that they failed to get medical help for two children who had been bitten by a third child (hereinafter, the “Biter”) under their care. Apparently, Ashraf W., 40 and his wife, Mervat H., 35, the owners of the center and now collectively the “Defendants” are each charged with wanton or reckless endangering of a child.

Specifically, the allegations amount to permitting substantial injury to a child and permitting injury to a child. No, they are not charged with actually committing the assault as that was apparently the doing of another child.

According to the Commonwealth, the injuries were sustained at the day care center, which is underneath the Defendants’’ home.

Of course, we are not talking about the garden variety injuries either.

Continue reading "Children Found At Risk As Boston-Area Day Care Owners Are Arrested In Connection With Assault Incident In their Charge" »