Boston Criminal Lawyer Blog

Where do people learn such animosity?

Today’s daily blog involves two stories that have to do with dysfunctional family situations. We start with a story from Brockton, Massachusetts, where a 15-year old juvenile (hereinafter, “Juvenile Defendant”) now faces charges for an apparent “teddybearicide”.

Now a guest of the Commonwealth, at least until Thursday, Juvenile Defendant has thus far been charged with possessing an explosive device and disturbing the peace. Additional charges may be forthcoming.

It all began Monday evening when local police and the state police bomb squad responded to a 911 call reporting a potential explosive device that had been attached to a teddy bear and left on Florence Street that afternoon, a fire official said.

“It was a plastic bottle that had a solution inside the bottle that was mixed in a way that, after a period of time, it would explode,” Deputy Fire Chief George Phillips said. “A teddy bear was wrapped around the plastic bottle and it was left in the street.”

A representative from the state fire marshal’s office also responded, Phillips said.
It took authorities about 30 minutes to detonate the device with a robotic machine designed to disarm explosives, Phillips said.

Continue reading "Massachusetts Juvenile And Adult Turn To Weapons And Assaults To Handle Emotional Issues" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Assault , Assault and Battery , Criminal Law , Felonies and Violent Crimes , Illegal Weapons Possession , Misdemeanors , Murder , Traffic Violations , Vehicular Crimes

Bookmark:

Remember the old cliché “The apple does not fall far from the [alleged] tree”? Well, this North Attleboro tree is apparently growing in the local district court on the criminal justice side of the street.

Last Thursday, a 48 year-old single mother, (hereinafter, “ Mommy Defendant”), was arrested and ordered to stay away from the North Attleboro Middle and High school after she allegedly threatened the middle school principal. This alleged event took place after her son (hereinafter, “Sonny Defendant”), was arrested for an unrelated incident at the school.

Mommy Defendant is said to have driven to the middle school and made threats to kill Principal Victoria Ekk with a gun while in the school office in front of onlookers. Mommy Defendant, however, denies the charges and has pleaded “not guilty” to threats of uttering threats to kill, disturbing a school assembly and disorderly charges.

Her lawyer described Mommy Defendant as a hardworking woman trying to raise a family while working two jobs to make a living. "She has no gun. She doesn't even know how to use a gun. She's a single mother struggling to pay bills and raise three children," the lawyer said.

In fact, school officials had determined before police arrived that Mommy Defendant had no weapon, according to a police report.

Mommy Defendant’s lawyer also described the scene a bit differently, indicating that she had gone to the office calmly and denies making threats or causing a disturbance.

Continue reading "Assault On Police And Threats Of Violence Alleged At Massachusetts School" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Assault , Assault and Battery , Criminal Law , Felonies and Violent Crimes , Illegal Weapons Possession , Juvenile Crimes , Misdemeanors , Murder

Bookmark:

Sometimes people pick up bad habits at work.

Many chefs turn out to be overweight. Career military folks often need to have their home life overly organized and operational. Many attorneys, like myself, tend not to be able to have a debate with someone without it turning into “oral argument”.

And then there is a certain part-time Hinsdale police officer who served as an animal control officer allegedly turning into an “animal”.

W.Rodney M., 46 (hereinafter the “Defendant”) has been charged with sexually assaulting a woman who had called the police for assistance at her home in 2005. He was arraigned on Monday in Central Berkshire District Court on one charge of indecent assault and battery on a person over 14. He pleaded not guilty and was released on personal recognizance and ordered not to have contact with the 50-year-old victim.

The charge, brought against the Defendant in early June 2008, stemmed from an event that took place in 2005, according to a report filed by Massachusetts state police investigators.

The complainant told investigators that she had made a call to the Hinsdale Police Department about a fisher cat that she had seen around her residence. The Defendant, who was acting as the town's animal control officer, responded to the call in uniform, and after looking for the fisher cat, allegedly asked her if she was single and "lonely." He then asked her "if she would like to be taken care of like she had never been taken care of before," and he allegedly grabbed her hand and rubbed it on the outside of his pants, according to the statement.

The complainant said she was too ashamed to press charges three years ago, when the assault allegedly took place, adding that she felt no one would believe her, according to the report.

Somehow, after the years have passed, she was able to convince herself to come forward.

Continue reading "Massachusetts Police Officer Faces Charges Of Sexual Assault" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Assault , Assault and Battery , Criminal Law , Felonies and Violent Crimes , Sexual Crimes

Bookmark:

Today is Veteran’s Day. It is a day for reflection and a day to honor the men and women who have served this country in the trenches of various lands throughout the years.

Today’s daily blog looks at a matter occurring inside more local trenches. Criminal Justice trenches. The courtroom. A courtroom on Salem, Massachusetts, to be exact. While it certainly does not involve the valor we celebrate today nationally, it does contain some violence and a couple of lessons for us.

Martin S., 53, of Lynn (hereinafter, the “Defendant”) recently lost his battle for his own personal liberty in the Salem courtroom. He was sentenced to serve two years at the Massachusetts Correctional Institute at Cedar Junction as he was found to have violated probation. Two witnesses testified at the hearing that he grabbed a woman by the throat and fought another man during a September 21, 2008 altercation at an apartment on Lynde Street in Salem.

The Defendant’s attorney said he had gone to the apartment to get his girlfriend out of there because she was drinking alcohol, a violation of her probation for a drunken-driving conviction.

Although the assault charge is still pending in court, the Superior Court Judge observed that the arrest itself is a probation violation. "He's gotten away with quite a bit in the last couple of years," the judge said yesterday before announcing the sentence at the conclusion of a probation hearing.

Continue reading "Massachusetts Probation For Fraud Is Violated By Assault Charges" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Assault , Assault and Battery , Criminal Law , Drug Offenses , Felonies and Violent Crimes , Misdemeanors , Probation Violations , White Collar Crimes

Bookmark:

This one isn’t so funny. It involves the type of tragedy that happens all the time, particularly in urban areas. Of course, this one has a couple of twists.

This wasn’t the big city…it was Winchester, Massachusetts. In a peaceful dead-end street lined with single and multifamily houses where residents have lived for generations. Chris and Bryan Barbaro were two brothers living on the same street where they were raised. The same street where their parents and sister still live.

Now, they are both dead.

In October, 2007, Wally S., 30 (hereinafter, the “Defendant”) allegedly kicked in the door and forced his way into the Barbaros' three-family home and shot 48-year-old Bryan Barbaro in the chest, a wound he survived after being rushed to Massachusetts General Hospital. Brother Chris was shot in the forehead and died at that time.

Despite being wounded, Bryan Barbaro was able to call 911 and report that both he and his brother had been shot, officials said.

Although Assistant District Attorney Nathaniel Yeager told the court that 50-year-old Chris Barbaro was killed by the gunshot to the forehead, the Defendant was not immediately charged with the murder.

Continue reading "Breaking And Entering And Maybe Drugs Lead To Murder Charges Plus One In Massachusetts" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Assault , Assault and Battery , Criminal Law , Drug Offenses , Felonies and Violent Crimes , Illegal Weapons Possession , Murder , Theft Crimes

Bookmark:

Well, it just goes to show you…nobody is immune to the criminal justice virus.

Ask most members of law enforcement, and they will tell you that there is a big difference between “us” and “them”, referring to themselves and the “perps” they go after on a daily basis. The difference? Well, that “we” are the good guys and “they” are the bad guys, of course.

Hm. Somebody apparently forgot to mention this to Boston police detective Sgt. Thomas J. (hereinafter, the “Defendant”). He is alleged to have gotten a bit confused about this difference back in March during a trip out of town. In fact, it was in Savannah, Georgia, where he was celebrating St. Patrick’s Day. His actions during that vacation have now earned him an even longer respite from work now that he has been suspended without pay from the force. The suspension came when the eight-count indictment was handed down last week. Before that, the highly respected drug detective had simply been on paid leave from the department since March 15th.

Savannah police say that the Defendant followed a group of women back to their home and pounded on the door, saying he was a police officer and demanding they open up. He then attempted to force his way inside and struggled with one of the women at the door, police said.

He soon overpowered the women and pulled them outside, where he forced them to the sidewalk but made no further demands, police said. Instead, he fled. However, that course of action apparently works as well in Georgia as it does in Massachusetts. The Savannah police caught him.

According to the indictment, he then resisted arrest. Yes, same result as when it happens in the Commonwealth.

Continue reading "Boston Narcotics Detective Drunk, Assaultive And Indicted Outside The Commonwealth. " »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Assault , Assault and Battery , Criminal Law , Drug Offenses , Felonies and Violent Crimes , Kidnapping , Misdemeanors

Bookmark:

Ok, here is the scene:

You are home at night with your loved ones. There is a knock on the door. You answer it. It is the police.

You ask them what is wrong and they tell you that you assaulted the girl who lives down the street.

You know you didn’t, although you do know she has…issues. So, you tell the police that you have not done anything to her, but that you know she is a troubled kid.

“So, you do admit you know her, right? I mean, know her well enough to know that she has problems?”, they ask.

You answer that you do.

They suggest that you come down to the station so that you can all discuss this in more detail.

You go.

At the police station, you are brought to a room and questioned for hours. Funny thing, while they were interested in the girl’s issues for a while, they have suddenly seemed to decide that you are lying to them. The questioning goes on for hours. They do, however, keep inviting you to tell them what they want to know. They tell you that things will go much easier.

Regardless of what you tell them…they lock you up. From there on, you are considered by most to be guilty of whatever it is that she says you did.

Continue reading "Samuel's Take: Massachusetts Criminal Defense Lawyer Discusses Justice System And Witch Trials Of Yesterday And Today" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Assault , Assault and Battery , Criminal Law , Felonies and Violent Crimes , Misdemeanors , Wrongful Convictions

Bookmark:

In today’s daily blog we continue our Halloween Theme Week with a salute to the festive spirit…including those who do not even wait for the holiday they are celebrating to arrive.

‘Tis the season for Halloween celebrations! Parties are almost mandatory for some good old fashion evil-tinged fun. What better place than Lynn for a backdrop of such a party. After all, you have heard the old saying, “Lynn, Lynn, the city of sin…!”

And so it was that various Halloween revelers partied hearty this past Friday night and into Saturday morning. By 1:00 a.m., the crowd had apparently thinned out to an intimate group of between 60 and 70 people.

In these troubled times, one just cannot have too much fun…so they wanted the party to continue. They just did not want to leave. Somebody somewhere disagreed, however, and the police were called to disperse the crowd.

Did I mention that the crowd did not wish to be dispersed?

And so it was that a disagreement of sorts took place between the police and the dispersement-challenged in West Lynn, Massachusetts.

Well, kind of a physical disagreement.

Alright, it was a fight.

Continue reading "North Of Boston, Halloween Celebration Leads To Charges Of Disorderly Conduct, Resisting Arrest And Assault On A Police Officer" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Assault , Assault and Battery , Criminal Law , Felonies and Violent Crimes , Misdemeanors , Probation Violations

Bookmark:

Unfortunately, domestic violence of varying kinds are all too prevalent in today’s society. As a criminal defense lawyer in Boston, I have seen very disturbing situations. I have written many times in this daily blog about how easy it is to get arrested and how sometimes all it takes is to anger the wrong person. I have handled many times where allegations of domestic abuse and attempts to get restraining orders are, in my opinion, simply a matter of strategy to gain the upper hand in a relationship gone bad. However, domestic violence does indeed occur and does have to be handled seriously.

A rather interesting love story unfolded this past week. On Wednesday, Denise F., 36, of Dartmouth (hereinafter, the “Defendant”) was arraigned in New Bedford District Court on charges that included armed assault to murder, assault and battery, and assault and battery with a dangerous weapon.

According to police, the Defendant’s live-in boyfriend returned home late from his birthday party late Tuesday night. This, apparently, was not acceptable.

Shortly thereafter, the police arrived pursuant to a call to 911. They found the boyfriend bleeding from his abdomen, having been stabbed. Inside the apartment, police found a bloody knife on a kitchen counter, court records said. Near the knife was a note.

The note, allegedly written by the Defendant, was an apology. It read, “I'm truly sorry for doing this to you, but I don't love you. I never did. OK."

The boyfriend, it would appear, took the apology to heart. He refused to go to the hospital and refused to try to get a restraining order against the Defendant. Perhaps he felt somewhat responsible. After all, he had apparently been warned. He told the police that the Defendant had threatened that she would stab him if he was not home by 10 p.m. from his birthday celebration, court records said. Clearly, he had missed the deadline.

Continue reading "Massachusetts’ Domestic Violence Case Involves Weapon And Confession" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Assault , Assault and Battery , Criminal Law , Domestic Violence , Felonies and Violent Crimes , Illegal Weapons Possession , Misdemeanors , Restraining Orders

Bookmark:

“Why?”, you demand. I can hear you through the computer screen. Each day for about a month and a half, I have posted this daily blog suggesting that, if you find yourself on the nasty end of an investigation or criminal charge, you should consult an experienced defense lawyer as soon as possible.

“Lawyers are expensive”, you tell your computer. “I’m pretty bright…I bet I can talk my own way out of such problems. Besides, I don’t think I did anything wrong…much.” Perhaps you are the more action-oriented type who has already planned out your escape route and how best to out-drive, out-run or out-fight the police officers who might approach you at an…awkward moment.

“Besides”, you say, “I don’t like lawyers”.

Well, who does? But that’s not the point.

Ok, after many blogs about what not to do…let’s look at a case that shows how having a lawyer involved might actually help.

Kenny M., 30, of Lynn, (hereinafter, the “Defendant”) had a case pending in Salem Superior Court. He had been indicted on charges involving the trafficking and possession of drugs and guns…a frequent coupling that tends to make people nervous. He was arrested this past April.

This past Monday, the case had to be dismissed.

Continue reading "Massachusetts Criminal Attorney Defeats Drugs And Gun Prosecution" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Assault , Assault and Battery , Criminal Law , Drug Offenses , Felonies and Violent Crimes , Illegal Weapons Possession

Bookmark:

…Gee, and it seemed like such a controllable Commonwealth.

The Red Sox faced the ultimate test again Sunday night. And failed. Sorry ‘bout that. But, Boston officials had braced for any resulting outcry of emotion that might…overflow… into violence; they warned everybody to stay away from Kenmore Square, the area in Boston where exists Fenway Park…home of the Sox.

While thousands of fans packed Tropicana Field in St. Petersburg, Florida for the game, officials in Boston closed several streets to vehicular traffic and restricted parking in the area surrounding Fenway Park. Police cadets even handed out flyers, asking fans to celebrate…or the other… responsibly.

"I think they are excellent, given what has happened in the past here. I also appreciate that they were so on top of handing them out to everyone. As soon as you came down here, hours before, they were handing them out," one fan said. The flyer warned against the crimes of unlawful assembly, disorderly conduct and disturbing the peace, as well as the punishments for them. It also warned about the strong police presence. "Enjoy yourself, but stay on campus. Don't come down to Kenmore Square. If you come down to Kenmore Square, there will be a force of Boston police there," Boston Mayor Tom Menino said.

Well, Fenway was under control…but people staying in their neighborhoods turned out to be a mixed blessing. Fox example, Gloucester had a few people who might have found those leaflets handy.

Police responded to early morning reports of an unwanted guest at the home of M.N., 17, (hereinafter, “Defendant 1”). When they reported to the scene Melissa S., 37 (hereinafter, “Defendant 2”) was banging on Defendant 1’s door and appeared to damage it. Defendant 2 was taken into custody on charges of malicious destruction of property over $250 and disorderly conduct. When police ran a check on Defendant 2, they found that she had an outstanding warrant for speeding and driving without a license.

Continue reading "Boston Red Sox Nation Is Quiet; Assaults, Malicious Destruction and Disorderly Conduct Move To Other Areas" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Assault , Assault and Battery , Criminal Law , Domestic Violence , Felonies and Violent Crimes , Misdemeanors

Bookmark:

Here is a cautionary tale out of Lynn, Massachusetts, that could have ended much differently.

On Monday night, shortly after 10:00pm, Jackeline H., 26, of Haverhill, (hereinafter, the “Defendant”), earned the Commonwealth’s Bracelets of Shame after an alleged robbery.

According to the police, a certain unnamed gentleman (hereinafter, “Mr. Unnamed”) had just dropped off his girlfriend at her home and was now sitting in his car on Lewis Street, perhaps lost in thoughts of a lovely romantic evening, with a pile of cash just lying in the center console. $240 in cash to be exact.

Suddenly, according to the police, the Defendant suddenly appeared out of nowhere and jumped into the “Car o’ Cash”. She asked the driver if he wanted to buy a pair of sunglasses.

He answered “No”

At that point, the Defendant took the more direct approach and allegedly grabbed the money and jumped out of the car.

Mr. Unnamed, then, followed her down the street demanding his money back. This continued until the Defendant allegedly said she had a screw driver and, "Don't come any closer or I'll stab you," according to a police report.

Continue reading "North Of Boston, A Robbery Victim Gets Lucky" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Assault , Assault and Battery , Criminal Law , Domestic Violence , Felonies and Violent Crimes , Illegal Weapons Possession , Misdemeanors , Probation Violations , Rape , Restraining Orders , Robbery , Sexual Assault , Sexual Crimes , Theft Crimes

Bookmark:

Today is Columbus Day. As we honor the adventurer who is celebrated as the man who discovered America (although other people were already living here at the time), I think it appropriate that we recognize other valiant efforts at similar discoveries. However, being that this is a daily Criminal Law blog, we unfortunately have to focus on a few not-so successful voyages.

It turns out to be easy, though; last week was not a particularly good week for voyagers to the other side of the law, especially south and west of Boston.

Let’s turn first to Tuesday in Warren, Massachusetts, where the police believe they have linked a suspect to three recent break-ins. This gentleman, Matthew W., 24, (hereinafter, “Defendant 1”), was captured thanks to his alleged intended victim – a 78-year-old woman who confronted him in her bedroom and chased him out the window.

Defendant 1 is currently being held at the Hampshire County House of Correction in Northampton, awaiting trial on charges out of Ware. Tuesday, he was arraigned at Western Worcester District Court in East Brookfield on nine counts related to three break-ins.

According to court documents, the intended not-so-helpless victim was inside her apartment in West Warren about 9:30 a.m. when she heard a voice yelling “Hello, Hello,” outside her bedroom window. She went to the window and saw a young man, who asked if she’d like him to mow her lawn. She declined and he asked her if she got out much.

Continue reading "Massachusetts Trespassers, Thieves And Adventurers Face variety Of Criminal Charges West and South Of Boston" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Assault , Assault and Battery , Criminal Law , Drug Offenses , Felonies and Violent Crimes , Misdemeanors , OUI/Drunk Driving , Robbery , Theft Crimes , Traffic Violations , Vehicular Crimes

Bookmark:

Ever get frustrated at the airport? Maybe the unusual experience of a delayed flight inconvenienced you. Perhaps you did not like the meal. It could be there was no meal. Believe it or not, I have even heard of extreme instances where flights were actually cancelled!

If any of these events happen to you….today’s daily blog gives an example of what not to do.

42-year-old Framingham resident Arthur N. (hereinafter, the “Defendant”) had a tough couple of days with US Airways. Things began in Las Vegas on Sunday. His flight to Boston was delayed for seven hours because of mechanical problems. He was not a happy man when finally allowed to board. So, he decided to partake of clever repartee. Perhaps it was the flight crew’s error of asking how he was. His response was that he had pneumonia.

The crew had a funny response too…they removed him from the plane and booked him on the first flight the next morning.

And so Monday morning in Las Vegas came. The Defendant got on the flight and was even allowed to stay. But it was not over yet.

Upon landing at Logan International Airport, the Defendant allegedly yelled, "This is what your airline gets for treating me bad”, as he shook a 7-ounce bottle of Dr. Scholl's Foot Powder on other travelers as he overran other passengers to leave the plane. He did not make it too far, though, and was arrested in Terminal A.

According to the police report, the Defendant told investigators that he sprayed the powder to get back at US Airways because he was "held hostage" at the Las Vegas airport for 10 hours, pulled off the plane without his bags, and was not given a voucher for food or a hotel.

Now “held hostage” by the Commonwealth, the Defendant was arraigned yesterday in East Boston Municipal Court where he pleaded not guilty to charges including disorderly conduct and interfering with the operating of the aircraft. He was released on personal recognizance.

SAM’S TAKE:

Perhaps today’s Defendant was still in the “gambling state of mind” as he left Las Vegas, betting that he could get away with getting the “final word” this way.

Bad bet.

Even before September 11, 2001, airlines did not have too great a sense of humor. Now, there is none. Make even a sarcastic remark at your own peril. Clever statements like you have a serious Communicative illness that could spread throughout the sealed aircraft cabin is likely to be handled as casually as a hysterical comment like, “I have a gun”. It is a good way to extend your stay in whatever location you are (unless you are on the plane).

Today, you have to be careful when and where you indulge your temper. What used to be called, “a fight” is treated as an assault and battery case. You can be as frustrated as you like with the airlines…but you had best be careful how you show it.

You probably do not need me to tell you that it is illegal to spray your fellow passengers and shove your way off a plane, even if you feel that they treated you badly. You may be interested to know, however, that the Defendant could be facing heavier charges…such as multiple counts of assault because of the spraying and the shoving. Perhaps they are going easy on him. After all, we know how softhearted the airlines tend to be these days.

The bottom line is that, like in the criminal justice system, the “self help” approach in certain locations, such as airlines, are not a good idea. If you feel you have been wronged, write a letter. If you feel you have been really wronged, get a lawyer.

…and, yes, if you are being detained by the Commonwealth because you went ballistic at the wrong place and wrong time, get an experienced criminal defense lawyer. You are not going to get yourself out of trouble by making confessions like, “I did it because they held me hostage”.

NOTE: The daily blog will not be so daily again this week, I’m afraid. I will be unable to post tomorrow, Thursday, due to the Jewish holiday of Yom Kippur. However, I will be back and posting on Friday.

The full article of this story can be found at
http://www.boston.com/news/local/breaking_news/2008/10/after_delay_man.html?p1=Well_MostPop_Emailed6

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Assault , Assault and Battery , Criminal Law , Misdemeanors

Bookmark: