Boston Criminal Lawyer Blog

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" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Assault , Assault and Battery , Criminal Law

Bookmark:

Sunday’s Boston Herald, along with several other local newspapers, focused on a particular aspect of a recent Framingham murder case. In the Herald, the headline read, “Suspect in Framingham stabbing has long police record”. While said record is normally inadmissible in court (except under certain circumstance) it is, for now, a noteworthy part of the story as far as the public is concerned. It is yet another illustration of what the Boston Criminal Lawyer Blog has long been warning Massachusetts readers, particularly the young among us. Namely, the errors one makes in the past, even while a juvenile, can greatly affect our future in terms of criminal justice.

The man accused of the homicide in this case is 19-year-old Dan G. (hereinafter, the “Defendant”). He is charged with Murder in the First Degree in connection with a fatal stabbing in Framingham which is said to have occurred on June 14th. While one would imagine the circumstances surrounding the attack would be the focal point of the public’s interest in the matter, said facts now seem to have taken a back seat to the Defendant’s criminal history. Yes, this would include his juvenile history which, of course, is usually considered “sealed” and inadmissible against him.

The Defendant is currently being held without bail. Part of the reason for this may well be his present circumstances. After all, Murder 1 is considered the most serious of crimes and, in fact, carries a sentence of Life without the possibility of parole in the Commonwealth. Further, the Defendant’s own statement, not surprisingly, does not help his situation. He is reported as saying that he does not remember stabbing the victim, but does recall standing over him holding a bloody knife.

The Defendant’s familiarity with knives, remembered by him or not, has now become of interest to the public. That familiarity, of course, is intimately entwined with his prior criminal record. For example, on April 7th, he is said to have used a knife to threaten a group of teenagers he claims were about to fight one of his friends. While you might see that as self-defense, or the defense of another, the Commonwealth did not see it that way. Law enforcement, no great fan of knife-waving “vigilante” protectors, arrested the Defendant and charged him with assault with a dangerous weapon.

It likely did not help that the friend the Defendant had been trying to protect went public with the notion that the Defendant was “intimidating”, which is why he had enlisted his aid in the first place.

Continue reading "Murder Suspect Is Jailed Without Bail Pending Probation Surrender As Boston-Area Media Focuses On His Prior Criminal Record" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Assault and Battery , Criminal Law , Juvenile Crimes , Murder , Probation Violations

Bookmark:

The Cambridge Rindge and Latin High School graduation was last week. One of the hopeful graduates, 17-year-old Pauline F. (hereinafter, the “Defendant”) was all set to take that exciting step. But things did not go as planned. Now, she needs something else…a lawyer.

You see, the Defendant was arrested at the site of the graduation before she could actually receive her high school diploma.

Police Officer Sean Lowe was working a paid uniform detail for the graduation when a commotion erupted as more than 300 cap-and-gown clad graduating students lined up to walk across the stage. According to law enforcement, the Defendant, dressed in her black graduation gown, was shouting obscenities while pacing back and forth and crying.

And why was she crying?

Well, apparently, CRLS Principal Christopher Saheed and John Silva, the security director at the high school, had told the Defendant that she would not be allowed to walk across the stage with her class. Perhaps determined not to ruin the day, the Defendant is said to have threatened that she would walk across the stage anyway and that she would slap any officer who got in her way, according to police reports.

Yes, that would be “slap” as in “assault and battery”.

Continue reading "Boston Area High School Student Arrested For Assault Threats At Graduation" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Assault , Assault and Battery , Criminal Law , Juvenile Crimes

Bookmark:

Eric P., a college student from Winthrop (hereinafter, the “Defendant”) was apparently vacationing on Cape Cod last month. His souvenirs from the trip include an arrest record and a relationship with a criminal defense attorney.

You see, the Defendant had a little trouble in Provincetown. According to law enforcement, he approached two women in the after midnight hours in front of the Post Office Café’ and Cabaret on Commercial Street, using slurs to refer to men he assumed to be gay. He apparently followed up his impressive verbiage by pushing one of the women through a window, breaking the window and causing minor injuries to the women necessitating stitches. He is also accused of punching the women in the stomach and calling them “faggots”. According to reports, both women required medical attention.

He now faces various assault charges in connection to what has been called an anti-gay attack on the woman.

The Defendant did not make it too far after the assault, however. An angry mob reportedly formed around him as he was being arrested.

The Defendant, who had been visiting with his mother who lived near the crime scene, had apparently been drinking. In fact, authorities say that he had been ejected from the Vixen nightclub before the attack.

Would it surprise you to hear that the arrest did not go too smoothly? By the time he got to Orleans District Court, he not only faced the felony hate-crime assault charges, but also charges of resisting arrest and assaulting a police officer. He has been accused of spitting at one officer and kicking another.

Continue reading "Boston Area College Student Arrested For “Hate Crime” Assault On The Cape" »

Posted by Altman & Altman | Permalink | Email This Post

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

Bookmark:

Yesterday’s Boston Globe contained the story of a “standout” high school football star who now is not looking for a talent scout, but a criminal defense attorney. While he had been scheduled to bring his athletic prowess to college, his future is now in doubt due to allegations of demonstrating them at the wrong place and time.

The crimes alleged are of the Massachusetts assault and battery variety and have invoked further suspicion of ongoing domestic abuse.

It would appear that Mathew G., 18, of Dracut (hereinafter, the “Defendant”) and his girlfriend are parting ways. His 17-year-old ladyfriend has accused the Defendant of hitting her early Sunday morning in a rage of alcohol-fueled jealousy at a party in Lowell. Apparently, this assault included pouring beer over her head as she talked to another male. She also claims that the Defendant punched her in the face when she ran away from him, refusing to return.

The Defendant was arrested was arraigned on domestic assault and battery charges in Lowell District Court on Tuesday, during which time he pleaded “not guilty”. While both he and his court-appointed attorney have refused to make any public comment, his ex-girlfriend has indicated that this is not the first time the Defendant has struck her.

While the complainant declined a ride to the hospital, the officers say that they saw redness on her face, presumably from the Defendant’s blow.

Continue reading "Sports Star's Future Is In Danger As He Is Arrested For Domestic Assault And Battery" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Assault and Battery , Criminal Law , Domestic Violence , Restraining Orders

Bookmark:

Being a police officer in the big city can be dangerous. We all know that. Logan Airport, of course, is within the limits of the city of Boston. So, it is not too shocking that it can be a dangerous place. Usually, though, that danger does not come inside the packaging of a Mercedes Benz SUV and presented by a Wellesley businesswoman.

It did in March, though.

Last week, she resolved the matter.

She apologized.

Of course, “my bad” was not the first reaction that Margaret G., a 57-year-old portfolio manager and former Wellesley school board member (hereinafter, the “Defendant”) offered to law enforcement in this matter.

Continue reading "Boston Driver Assaults State Trooper With A Dangerous Weapon But Apologizes And Avoids A Guilty Finding; Her Attorney Says It Was For The "Right Reasons"" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Assault and Battery , Criminal Law , Traffic Violations , Vehicular Crimes

Bookmark:

This week ends as last week ended. From Boston to Providence, and beyond, law makers and enforcers are struggling with how to address the problems presented by the so-called “Craigslist Killer” (hereinafter, “CLK”). The case grows almost daily as he is now facing murder charges in Massachusetts and assault/robbery charges in Rhode Island. One would imagine that prosecuting attorneys, politicians and law enforcement would be concentrating on bringing CLK to trial and working to prevent such murders.

…And you would be wrong.

Instead, the response seems to be to attack the victims’ profession and method of advertisement. In other words, do everything possible to keep sex workers like the victims in the shadows of society so that they can continue to be easy victims to people like Jack The Ripper and CLK.

The Massachusetts CLK case was the crime of murder. The Rhode Island Matter involved assault and robbery. The victims were both of the sex industry and they purportedly met CLK through the website Craigslist.com. There are no allegations of any sexual acts, voluntary or forced, having been a component on CLK’s violent crimes.

Yet, somehow, the matter is being treated as if it were about the sex trade.
Somehow, the work of a twisted killer has become the fault of the profession of prostitution as well as Craigslist’s posting of ads which have, it turns out, sometimes been fronts for said trade.

And so, this past Wednesday apparently marked a great victory for humanity everywhere. Justice is finally being done and we are one step closer to murder-free.

Continue reading "Prosecuting Attorneys And Rhode Island Politicians Prevent Murder And Other Violent Felonies By Going After Victims And Other Easy Targets" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Assault and Battery , Criminal Law , Murder , Sexual Crimes

Bookmark:

It has been awhile since the daily Boston Criminal Lawyer Blog has received news from the “Hey, I’ll Bet I Can Make This Situation Worse” Club. Months ago, their members appeared quite frequently in my postings. Not to worry, though. They are back and one unfortunate member needs a criminal lawyer.

The story may strike you as familiar.

This incident took place yesterday, May 12th. The previous incident to which I refer was the subject of this blog on March 12th.

Yesterday’s scene, according to the Boston Herald, took place at the Natick Collection mall. A couple were out together, enjoying enjoying an afternoon of nice weather and theft. Lt. Brian Grassey says that, at approximately 4:00pm, two plainclothes detectives from Natick police were at the mall “and made observations of what appeared to be a store larceny unfolding right in front of them.”

In other words, shoplifting.

The suspects were a man and a woman. Mall security chased the couple from a Sunglass Hut. When the woman was detained, the gentleman decided the date was over and took off. She has been charged with shoplifting in excess of $100 and conspiracy.

While the gentleman's evening activities with his lady-friend may have been over…the officers felt that they were deserving of some quality time with him too. They followed the man outside and detectives saw him get into his car to leave the area.

Continue reading "Massachusetts Larceny Suspect Tries To Escape Police And Now Faces Felony Charges And More Jail Time" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Assault and Battery , Criminal Law , Theft Crimes , Vehicular Crimes

Bookmark:

Today, the daily Boston Criminal Lawyer Blog goes to Framingham…figuratively…where recent troubles seem to have taken place on both sides of the seriousness spectrum.

Let’s start with Adilson D., 37 (hereinafter, “Defendant 1”). He was displeased about a recent interaction with local police. So, while the rest of Massachusetts was focxussing on the weekend heat wave, he spent his early Sunday morning hours apparently repeatedly called 911 to voice his displeasure.

They did not appreciate the criticism.

Law enforcement arrived at Defendant 1’s home to arrest him, at approximately 5:47a.m., which happened, believe it or not, after a “brief struggle”, according to, Deputy Police Chief Craig Davis .

Defendant 1’s 911 complaint calls began at 4:30 a.m.. He said he was upset about being pulled over and that he had been abused by the police.

The 911 dispatcher told him to call the main phone line to make such a complaint, Davis said.

So, naturally, he continued to call 911 eight more times by 5:30 a.m.

Continue reading "Two tales from Framingham....from disorderly conduct to murder- criminal defense lawyers needed" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Assault and Battery , Criminal Law , Domestic Violence , Traffic Violations

Bookmark:

Over the years, as a Boston criminal defense attorney, I have come across what has become an “age old question”. The question is what are the limits of disciplining one’s own children. In days gone by, the answer was apparently “whatever works”.

Fortunately, those days are over. However, as with other types of Massachusetts domestic violence matters, the pendulum seems to have swung all the way in the opposite direction. Understand that I am not a believer of corporeal punishment and I do not engage in it with my kids. However, I have seen cases where criminal charges were brought because of one slap as a response outrageous behavior.

Where does the case of Amaurys G., 28, (hereinafter, the “Defendant”) of Lawrence, fall on the chart? You decide.

On Friday night, the Defendant was arrested and charged with Massachusetts assault and battery on his children. The kids’ behavior involved arguing over a toy car.

The Defendant’s solution?

Beating the two kids, ages 9 and 10, repeatedly with a phone charger cord and throwing a bag of oranges at his daughter.

Continue reading "Father arrested for assaulting his children, posted bail- will be arraigned on Tuesday. " »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Assault , Assault and Battery , Criminal Law , Domestic Violence

Bookmark:

About an hour and a half west of Boston, there is a town called Holyoke. In Holyoke, Julius T., 29 (hereinafter, the “Defendant”) got arrested early evening on Tuesday. He is said to have assaulted a woman, kicked a police officer and thrown himself down a flight of stairs.

His story is not only of note because of his alleged rather unusual actions, but also because he is an example of how, in the System, one’s past always catches up.

The police were dispatched at 5:00 p.m. on an “unknown medical call”, according to Police Chief Anthony Scott. When they got there, the officers heard screaming from inside the address and people were gathered outside.

The officers entered and say they observed the Defendant at the top of the staircase yelling at someone inside a room.

The officers tried to calm the Defendant down. This attempt failed. So, they approached and handcuffed him after a brief struggle, according to police. The Defendant, however, continued to yell, scream and argue with others inside the residence. He apparently also told the officers that he was wanted in Florida, police said.

To help bring tranquility to the scene, another officer came to the bottom of the staircase and attempted to calm down a woman who was also yelling and screaming, according to police. Then, when Officers attempted to escort the Defendant outside, police say the Defendant allegedly threw himself down the stairs.

Continue reading "Holyoke man arrested for assault and A and B on a police officer" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Assault and Battery , Criminal Law , Expungement/Sealing Record , Outstanding Warrants

Bookmark:

This past Monday’s posting of the Boston Criminal Lawyer Blog was about a gentleman who elected the “self-help” approach to criminal justice.

It did not end too well for him.

Today’s posting demonstrates that taking said approach as a family does not work out any better than when acting solo. One could also argue that it is why this daily blog should be required reading...but that’s another issue.

This time, the place was Rockland. Michelle C., 41, of Rockland (hereinafter, “Mommy Defendant”) and her son, Jason R., 24, of Abington (hereinafter, “Sonny Defendant”) were arrested on Easter Sunday for allegedly assaulting an 18-year-old Scituate man, stabbing him twice, during a dispute.

The dispute was about clothing.

According to Rockland Lt. Barry Ashton, Sonny Defendant and the alleged victim were formally friends. They had planned to meet to exchange some clothing. You see, the complainant had a Miami Heat basketball jersey in his possession that belonged to Sonny Defendant and Sonny Defendant had a hat that belonged to the complainant.

The defendants parked a white van several houses away from the home of the complainant’s sister. The complainant and an acquaintance walked over to the van but, according to Ashton, an argument started between the complainant and Sonny
Defendant, who left the van.

Apparently, a fight ensued and, according to police reports, Mommy Defendant left the van to help her son in the fight the complainant.

The complainant was stabbed twice during the fight, Ashton said, once in the elbow and once in the back

Continue reading "Family Plan Assault Bring Attempted Murder Charges Outside Boston " »

Posted by Altman & Altman | Permalink | Email This Post

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

Bookmark:

The daily Boston Criminal Lawyer Blog has followed the continuing problem of groping on the MBTA over the past several months.

The ongoing problem is in the news again.

The MBTA has announced an event last Tuesday which ended in the arrest of Jose V. (hereinafter, the “Defendant”). The arrest took place at the Wollaston T Station on the Red Line. The alleged crime(s)?

Multiple counts of indecent assault and battery and criminal harassment.

More specifically, the Defendant has been arrested for allegedly, and repeatedly, groping a woman several times on the Red Line.

At approximately 8:22 am, police officers were dispatched to the Wollaston T Station to meet with a woman who complained that she was being followed. After locating the woman by the fare gates, she told them that she had just seen a man walk towards her that had sexually assaulted her twice in the past.

One of the officers immediately recognized the female from reports that she had been allegedly accosted several times last year while taking the T. He asked her if the man that had just approached her was the same man that has accosted her twice before and she answered in the affirmative. According to the T, she appeared terrified and was near tears.

Officers searched the area for the suspect, who the woman described as a Hispanic male, 5-5'4" thin build, clean shaven wearing a baseball hat and a black sweatshirt. She believed he left the area on foot, possibly heading northbound on Newport Avenue. The search expanded to the north of the station, including a Wendy’s fast food restaurant to see if any of their employees might have seen the suspect. While talking to the employees, Officers noted the Defendant, a Hispanic male who was dressed in Wendy’s working attire, sweeping the lot.

Continue reading "Another Accused MBTA Sex Offender Needs An Experienced Lawyer " »

Posted by Altman & Altman | Permalink | Email This Post

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

Bookmark:

Recently, a Pittsfield man decided to take the “self-help” approach at law enforcement, much as they did in the “old west”. Well, at least, that is what his neighbors say. What do the police say? It would appear that they communicated something along the lines of, “ You have the right to remain silent, the right to an attorney…” and so on.

The result?

He says he is the victim of theft.

The police say he is the perpetrator of assaultive behavior.

While stealing things and making threats are both illegal in the Commonwealth, it was only he who stood before the court on Friday facing a felony charge of carrying a dangerous weapon and to a misdemeanor charge of disturbing the peace.

Shaun L., 29, of Pittsfield (hereinafter, the “Defendant”), apparently believed that his neighbors stole his computer. While calling the police was one possible choice, he went for Option Two. Said option is apparently confronting at least one of his neighbors with a knife and hammer and making threats, according to Pittsfield police.

And so it was that at approximately 2:30 a.m., this past Friday, the Defendant allegedly banged on the doors of two neighboring , accusing the occupants of stealing his computer. One neighbor, told police that the Defendant had a knife and hammer during the confrontation. Another witness said that the Defendant made threats about burning down the multi-unit apartment building where he and the neighbors reside.

When the police arrived, the Defendant was found in possession of the knife and hammer.

Continue reading "A Tale Of Weapons And Assaults From The Wild West Side Of The Commonwealth" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Assault , Assault and Battery , Criminal Law , Illegal Weapons Possession

Bookmark:

Today’s daily Boston Criminal Lawyer Blog features two people who are well known to the criminal justice system. In fact, one of them was featured in a posting on April 7th and can be found here.

Harold P., 41, of Lynn, (hereinafter, the “Defendant”) is a former youth sports coach and Lynn Classical hall monitor. The former hall rule enforcement official is in trouble with the law.

Again.

The Defendant had faced charges back in 2002. He had been accused of a sexual assault matter concerning a Lynn Classical student at that time. In 2005, he was exonerated.
On April 4th, 2009, however, he found himself charged with domestic violence.

This Monday, the Defendant was arraigned at Lynn District Court. He posted $200 bail, but reportedly fled court before he was supposed to. Because of that, he now has an outstanding warrant out for his arrest.

"It's all a big misunderstanding," said Lynn native and Boston attorney Gary Zerola. "He has never failed in his obligations and he just misunderstood what he was supposed to do."

Continue reading "Boston Lawyer/Former Defendant Fights Domestic Violence Case" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Assault , Assault and Battery , Criminal Law , Domestic Violence

Bookmark:

He is a famous Boston Defense Attorney...but not necessarily for his legal work. Mainly, it is his role of client that has brought Attorney Gary Z, 37, (hereinafter, the “Defendant”) to his present notoriety. Well, there was also that 2001 People Magazine that named him as one of the “hottest” bachelors around...!

But I digress.

The Defendant, a former prosecutor in Suffolk County, has been spending alot of time, both in and out of state, at the table on the other side of the room for the past few years. These matters included things like rape allegations brought by three different complainants.

All three complainants lost; the Defendant was acquitted twice; the third case was dismissed.

Most recently, the Defendant was on trial at the Boston Municipal Court for charges of Massachusetts assault and battery . He was accused of assaulting Boston police Sgt. David O’Connor along with the accompanying charges of disorderly conduct and resisting arrest. The allegations resulted from a June 18th Celtics game which erupted in what has been called “NBA Championship Fendemonium”.

O’Connor alleges the Defendant slugged him and fled when the officer caught him urinating in public. The Defendant, however, maintains it was he who was the victim of a vicious downtown beatdown by a half-dozen cops.

Continue reading "Boston Criminal Attorney/Defendant "Not Guilty" Of Assault...Again" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Assault , Assault and Battery , Criminal Law , Probation Violations

Bookmark:

For the fourth time in a year, Boston attorney Gary Zerola has been acquitted of criminal charges. Last week, a jury found Zerola found not guilty of assault and battery on a police officer, urinating in public, and disturbing the peace.

The 37-year-old ex-prosecutor, who was once called People magazine’s “Most Eligible Bachelor,” was arrested last June on the night the Boston Celtics beat the Los Angeles Lakers for the 2008 NBA Championship. Zerola maintains that he was rifling through his wallet and counting his money when he heard someone approach him from behind.

He says he ran off after hearing footsteps behind him and was struck by a baton. He says he stopped moving after he saw that it was a police officer. He says that it was then that about half a dozen cops beat him with batons.

Zerola says he never laid a hand on any of the cops that night. He also claims that he was not urinating in public. His statements contradict the account of Boston police Sgt. David O’Connor, who has accused Zerola of hitting him before running off.

Zerola’s criminal defense lawyer, however, reportedly was able to obtain surveillance footage showing the 37-year-old Lynn native running some 60 feet in front of the cop. The attorney says that police officers struck his client on the head and in the back several times. Zerola has not filed a police brutality complaint.

A plea agreement was in the works until the jury acquitted him.

Last year, Zerola was acquitted of rape and attempted rape in cases involving two 19-year-old Massachusetts women in the Boston area. In Florida, prosecutors dropped criminal charges against him over the rape of an 18-year-old woman.

Gary Zerola claims cops beat him during arrest, Boston Herald, April 2, 2009

Zerola acquitted of assaulting Boston police officer, Itemlive.com, April 5, 2009

Related Web Resources:
The case against casanova, Boston Magazine, August 1, 2008

Gary Zerola, One of People's Top Bachelors of 2001, Accused of Rapes, The Huffington Post, April 5, 2009

Continue reading "Boston Attorney Gary Zerola Acquitted of Charges of Assaulting a Cop and Urinating in Public" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Assault and Battery

Bookmark:

Two disturbing stories involving the victimization of young girls have recently surfaced. The facts alleged in both cases defy belief...for most people. I, however, have been a criminal defense attorney in Boston for over nearly 20 years. Before that, I was a prosecutor in Brooklyn. I am sorry to say that these fact scenarios, horrific as they are, are not totally new to me.

In fact, I have handled similar cases.

You have probably already heard about the first of these stories – it was all over the news on Thursday. It involves a mother who has been accused of stabbing her 2-year-daughter with a scissors and trying to strangle her with an electrical cord in Gardner Wednesday night.

Susan J., 38,(hereinafter, the “Mother”) allegedly stabbed her daughter in the torso, head, and neck in a laundry room of an apartment building. The child was rushed to Heywood Hospital in Gardner and taken into custody of the Department of Children and Families.

When police arrived at the apartment building, a security guard had pinned the Mother to the floor of the laundry room, keeping her away from her bleeding daughter. Police arrested the Mother on charges that include attempted murder, armed assault with intent to murder, and assault and battery on a child with injury.

Continue reading "Child Rape And Assault Cases Reviewed By An Experienced Boston Criminal Defense Lawyer" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Assault and Battery , Criminal Law , Rape , Sexual Crimes

Bookmark:

Eric S., 46, of North Andover, (hereinafter, the “Defendant”) is home again…for now. In fact, he is actually confined to his home and ordered to wear a bracelet monitoring system. Through the apparently successful arguments of his attorney, he is not being held in jail without bail.

But it was a close call.

The Defendant’s latest round of legal trouble resulted from a the execution of a search warrant which was served at his home on March 23rd. Police say that they found a .38-caliber revolver, 12 grams of cocaine, $70,000 cash, and pills believed to be oxycodone and Ecstasy. He was charged with possession of a firearm without a license, possession of cocaine with intent to distribute, and possession of cocaine.

That was not the start of his problems, however. The previous evening, he had been arrested as well. That time is was on another kind of warrant – arrest warrants. The warrants had been issued in Tyngsborough where police say that he was involved in an incident early Sunday morning, March 22, at Angela's Coal Fired Pizza, a restaurant owned by his wife.

During the Sunday morning incident, the Defendant allegedly beat a manager of the restaurant with a baseball bat, stuck a gun in his mouth and accused him of stealing $20,000 cash. The manager suffered a cut lip requiring stitches and bruises on his body from repeated strikes with the bat, police said.

For that incident, the Defendant was charged with kidnapping, assault and battery with a dangerous weapon, and threatening to commit murder.

Continue reading "Guns, Drugs and Assaults Result In Home Imprisonment North Of Boston " »

Posted by Altman & Altman | Permalink | Email This Post

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

Bookmark:

As any regular reader knows, the daily Boston Criminal Lawyer Blog regularly announces membership news of the “Hey, I Bet I Can Make This Situation Worse” Club. Today, to the north of Beantown, we have a new member...who should be national chairman.

When he gets out of custody, that is.

Tyler L., 20, (hereinafter, the “Defendant”) had a bad couple of days recently. First, he decided against showing up for a court date for a recent Massachusetts Assault and Battery matter (alleged victim: his mother...making it a domestic violence situation). The next day, he led the police on a 10-mile chase.

He did not do so well in either matter. The police caught him. So did the warrant for not showing up in court.

Now, Judge Mori at Salem District Court has revoked the Defendant's bail in that pending case and set additional bail of $5,000 on the new charges stemming from Friday's police pursuit.

The Defendant was driving a red Honda coupe with an equipment violation at about 2 p.m. on March 20 when it caught the attention of Officer Darlene Prinz. The Defendant then allegedly did what any straight-thinking nominee to the HIBICMTSW Club with a warrant out and having a police car behind them.

He blew a stop sign.

Continue reading "Domestic Violence Defendant Gets New Charges And Needs Miracle Lawyer" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Assault and Battery , Criminal Law , Traffic Violations , Vehicular Crimes

Bookmark:

Boston waits, along with the rest of the world, for the next episode of the latest show biz soap opera. In case you have not heard…it involves Chris Brown and Rihanna, two well-known stars in the music world. The next episode is expected to air in April, when Mr. Brown is scheduled to be arraigned on charges of assault likely to cause great bodily injury and making criminal threats. The complainant? His girlfriend and fellow star, Rihanna,

The plot twist?

Rihanna seems to be on the side of her battling beau.

On a previous episode, the judge was ready to order Brown to stay away from Rihanna, as is customary in Domestic Violence cases. But the objection came from Rihanna, who asked the judge not to prohibit such contact while he faces these felony charges.

The judge granted her request, but ordered that Brown not abuse or intimidate her in the meantime. According to her attorney, that was “more than sufficient”.

Whatever that means...!

Continue reading "Domestic Violence Starring Chris Brown And Rihanna Takes Center Stage " »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Assault and Battery , Celebrity Crimes , Criminal Law , Domestic Violence

Bookmark:

Police in Massachusetts say they believe that the increase in car break-ins, burglaries, scams, larcenies, and domestic violence crimes throughout the state can be attributed to the recent economic crisis. For example, the Boston Globe is reporting that in:

• Lawrence, Massachusetts: Burglaries have already increased by 52% compared to last year.
• Lowell, Massachusetts: There has been a 21% increase in thefts and larcenies, as well as an increase in fraud cases.
• Hingham, Massachusetts: Between October 2008 through February 2009, there were 57 reports of domestic violence-related crimes (up from 35 domestic violence incidents the year prior).
• Boston, Massachusetts: While large crimes are down throughout the city, certain areas have seen an increase in robberies, thefts, and burglaries.
• Between January 1 through March 1, 2009, the Suffolk district attorney’s office assessed 256 child abuse cases, which is almost twice the number of cases reported for the same period in 2008.

According to police, loss of work, loss of income, foreclosures, and loss of quality of life may be leading to desperation, frustration, anger, stress, arguments and fights between couples and business partners, drinking, and drugs.

Police departments throughout Massachusetts are also reporting some unusual crimes that could be a further reflection of the tough times that people are facing:

• A Ludlow bank was robbed two times in a little over a year in a town that hadn’t experienced a bank robbery in 20 years.
• In Hingham, one man was accused of assaulting his spouse after he was laid off from work.
• One Quincy theft crime that occurred last December involved robbers taking three snowplow blades.
• Domestic violence programs throughout Massachusetts are reporting an increase in the number of battered women asking for help.

It doesn’t help that the economic crisis is forcing police departments to cut back on budgets, which means there are less resources and staff to deal with the increase in Massachusetts crimes.

Economy fuels rise in crime, police say, Boston.com, March 10, 2009

Massachusetts Crime Rates 1960 - 2007, Disaster Center

Related Web Resources:
Massachusetts State Police

Continue reading "Massachusetts Police Say Economic Woes Have Led to More Break-Ins, Larceny, Domestic Violence, and Other Crimes" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Assault , Assault and Battery , Domestic Violence , Drug Offenses , Felonies and Violent Crimes , Illegal Weapons Possession , Juvenile Crimes , Misdemeanors , OUI/Drunk Driving , Robbery , Theft Crimes

Bookmark:

A while ago, this daily Boston Criminal Lawyer Blog posted a story about the groping problem on the Boston “T”. For those of you who would like to review, you can find the posting here.

Well, the problem continues.

On Friday, Carlos D. of Dorchester (hereinafter, the “Defendant”) was arrested. He is accused of assaulting and groping passengers on a Massachusetts Bay Transportation Authority trolley.

MBTA police said they were called to the Coolidge Corner MBTA stop in Brookline at about 10:15 p.m. Friday for a report that a man assaulted several people on a trolley car. One woman told MBTA police that the Defendant put his hand on her buttocks as she rode the C Line trolley. The woman's boyfriend told the Defendant to get away from her, and the couple reported the incident to an MBTA employee.

Another woman told police that the Defendant touched her repeatedly in the shoulder. When a man stepped between them, the man said the Defendant "violently" pushed him in the chest, according to the police report.

Yet another woman claims he touched her face.

Continue reading "The Boston Criminal Lawyer Blog Revisits Sexual Assaults On The MBTA" »

Posted by Altman & Altman | Permalink | Email This Post

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

Bookmark:

Last week, he was trying to get to Boston. Now, he is in Bridgewater. The state hospital, that is, for a mental evaluation. He was not going to make it to his desired location anyway. The prosecuting attorney already convinced the court to hold him without bail.

It is the tale of Jquan D., 30 (hereinafter, the “Defendant”). Last Wednesday night, he allegedly carjacked a car, and kidnapped three women, for his wild ride. Those felonies were not enough for the Defendant, though. He is also said to have repeatedly punched and threatened to rape and kill the women whom he ordered to drive to Boston. According to police reports, the Defendant kept explaining that he did not want to strike them, but “the spirit is going to get him”, which, apparently, caused him to nonetheless hit the 21 to 22 year old women several times.

One of the women lives in Fitchburg. The other two had come to visit when the ordeal began. The three women were outside the car, and the driver told police she had gone to move items into the back when the Defendant, who she did not know, approached and said the women were supposed to get into the car.

“She stated that once she saw him, he was striking her friend in the back seat and that he would kill them all,” Officer James S. McCall wrote in his report. “She stated that she started to resist when she was struck in the mouth by him.”

The punch sent her tooth into her lip, she said, and the man continued to hit her as she drove and made repeated threats to kill them.

Continue reading "Harrowing Drive To Boston Leads Alleged Sex Crime Carjacker To Court, Defense Attorney And Incarceration" »

Posted by Altman & Altman | Permalink | Email This Post

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

Bookmark:

How did you spend your Saturday night last weekend? Well, you can tell me about it (if you really want to call me about that), but a certain gentleman from Boston’s Northern Neighbor, Salem has only his own attorney to tell about it. And, if he wants to get out of jail anytime soon, he had better hope that the lawyer is gifted in spinning that story.

Ronald M. 46, (hereinafter, the “Defendant”) was arraigned this week on a series of charges stemming from the 12:50 a.m. crash at the intersection of Bridge and Webb streets, including second-offense drunk driving and a third offense of driving while under the influence of drugs, driving while his license was under suspension for a prior drunk-driving conviction, leaving the scene of a personal injury and property damage accident, driving to endanger, two counts of resisting arrest, and failing to stop for police.

Not only this…but he did it in a borrowed vehicle!

Prosecutors in Salem District Court promptly filed a motion requesting that he be held without bail. Judge Robert Cornetta scheduled a hearing on that request for Friday. In the meantime, the Defendant will remain in custody at Middleton Jail.

Police say the Defendant, driving a borrowed pickup truck, ran a red light and "T-boned" an SUV, sending it into a utility pole. The impact sheared the pole and crushed the SUV, trapping the driver. The driver had to be extricated from the wreckage but declined medical attention.

As police converged on the scene, the Defendant, apparently a member of the famed “Hey, I’ll Bet I Can Make This Situation Worse” club tried to flee, police said in a report.

Continue reading "North Of Boston Driver Finds That The Alcohol – Cocaine-Driving Combination Makes Prosecuting Attorneys Unhappy" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Assault and Battery , Criminal Law , OUI/Drunk Driving , Vehicular Crimes

Bookmark:

Performer Chris Brown is due in court today over allegations that he assaulted pop star Rihanna, who is his girlfriend. According to a police search warrant, he is accused of biting and beating the 21-year-old pop star during an alleged domestic violence altercation that took place in his rented Lamborghini on the night before the Grammy Awards last month.

The couple were reportedly riding in the vehicle together when they got into a fight. He allegedly tried to make her get out of the car, but she was wearing a seat belt. He then allegedly punched her a number of times and bit her fingers and ears, even threatening to kill the female singer.

Someone who heard the couple arguing after they stopped in an affluent residential area reportedly called 911. By the time police arrived at the scene, Brown was no longer there but a woman was found beaten and bruised next to his Lamborghini rental. There are some reports indicating that Rihanna’s blood was reportedly found spattered in the car.

The 19-year-old singer was arrested on February 8 under suspicion of making criminal threats. Brown is also under investigation for felony battery. Prosecutors, however, have yet to charge him for any crime. Experts have been commenting that a plea agreement might be under negotiation to prevent felony charges from being filed against Brown.

In the meantime, the media is reporting that Brown and Rihanna reconciled last weekend and the couple are back together again despite the alleged assault incident. According to experts, a criminal case against him may be difficult to pursue if she won’t testify against him.

Chris Brown still not charged in Rihanna case; Mark Geragos happy, New York Daily News, March 5, 2009

Chris Brown repeatedly beat, bit Rihanna, report says, Los Angeles Times, March 5, 2009

Chris Brown arrested in battery investigation, victim suspected to be girlfriend Rihanna, New York Daily News, February 9, 2009

Continue reading "Singer Chris Brown to Appear in Court Over Domestic Violence-Related Allegations Involving Pop Star Rihanna" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Assault and Battery , Celebrity Crimes , Domestic Violence

Bookmark:

When my son was younger, he liked to go to a local Chuck E. Cheese restaurant for birthday parties. For those of the uninitiated, this is a child-oriented restaurant that has a game area and specializes in pizza. Every so often, a giant mouse in casual clothing (Chuck is a mouse…or rat, I have not decided) appears to sing and entertain a bit. Obviously, it is a person inside a big costume. The charade used to scare my son. I took that in stride. There was no physical contact. Today, the Boston Criminal Lawyer Blog explores a different family experience.

Same rat, though. Or mouse…

The non-animated cheese-related adventure ended in New Bedford on Monday. As a result, a gentleman from Fairhaven has been sentenced to pay a $500 fine after pleading guilty to assaulting a Chuck E. Cheese costumed mascot last year in Dartmouth.

Trahan P., 34, (hereinafter, the “Defendant”) ripped the mascot’s headwear off, pointed a finger at the man underneath the costume, and yelled at him because he thought the mascot had picked up his son and pinned him against a video game, court records said.

The incident occurred in May 2008 during a birthday party for the Defendant’s 11-year-old son at the Chuck E. Cheese restaurant in the Dartmouth Towne Center. During the party, the boy ran to his relatives crying, saying that “Chuck” the mascot had picked him up by the arms, pinned him against a game and ordered the boy to leave him alone, according to court records.

Jessie C., 19, (hereinafter “Inner Chuck”) who was dressed as the mascot, told police that while he was walking through the gaming area, a group of youths jumped on him, tried to knock him over and remove his costume. He said he put his arms forward to move the youths away from him, but never grabbed any of them.

Continue reading "In South Of Boston, District Attorney Is Disappointed At Sentence For Man Assaulting “Mouse”, Ripping Its Head Off" »

Posted by Altman & Altman | Permalink | Email This Post

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

Bookmark:

In the daily Boston Criminal Lawyer Blog, I have often warned against making statements to try to either outsmart or rationalize when law enforcement comes a-calling investigating you for a crime. Often, by the time this happens, their “search for the truth” is over and it is just a question of building a case.

Unfortunately for Ronnie P. , 26, (hereinafter, the “Defendant”), I began this daily blog in 2008. It was too late to help him in his time of need, which was in 2007. On the other hand, it might not have made any difference. In his case, it was he who went to the police to turn himself in. Well, kind of. He told the police that he may have stabbed 36-year-old William L, 36 (hereinafter, the “Deceased”) to death.

The stabbing met the requirement of Massachusetts Assault and Battery with a Dangerous Weapon statute (among others). "To death"...well, that would mean Massachusetts Murder.

He found he had guessed correctly as he led the police to the Deceased’s home, where lay his dead blood-stained body. He had been stabbed multiple times and his throat was slashed according to police reports.

The Defendant was i charged with second-degree murder and faces a maximum possible sentence of life in prison. The trial has been occurring this week.

State prosecutors and police officers maintain the Defendant came to the Cape Coral Police Department and admitted to stabbing the Deceased multiple times during a struggle, during which the Defendant said he thought the Deceased had a loaded gun.
It’s not like the Defendant was not also injured. He had suffered a bite to his thumb, an abrasion to the left side of his body and a cut across the heel of his foot as a result of the altercation.

Sounds like the type of wounds the police call "defensive wounds".

Detectives quickly booked Perez on murder charges and processed the scene for evidence, as well as the Defendant’s house, they testified Wednesday.

Continue reading "Island To Boston’s South Watches Murder Defendant Who Played “Lawyer” Go To Trial" »

Posted by Altman & Altman | Permalink | Email This Post

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

Bookmark:

Brewster police officer Joseph H. (hereinafter, “Officer Openfly”) went to a Metallica concert on January 18th. That’s ok…they’re allowed to do that. But the force tends to frown upon things like exposing oneself and urinating on families. So do Suffolk County detectives and, presumably, assistant district attorneys. So, now he faces a hearing in Boston to determine if felony charges should be brought against him.

It’s not the only place he has faced a hearing and potential disciplinary action against him. Earlier this week, he had a disciplinary hearing before selectmen yesterday for the alleged drunken and lewd behavior at the Boston concert. ,

Officer Openfly allegedly pulled down his pants and urinated on a member of a family sitting in the row in front of him at the TD Banknorth Garden in Boston, according to reports from the Massachusetts Bay Transportation Authority Transit Police and Boston police. He then verbally and physically harassed the female members of the family with his pants still down and penis exposed, according to police.

The drunken symbol of law and order was then thrown out of the concert by security personnel. Transit police then told him to leave or face arrest for trespassing. But Officer Openfly was not done. He attempted to re-enter the concert by flashing his badge, which was at least an improvement, and telling them he was a Brewster police officer, according to the police reports. Apparently, he had missed the memo that indicated that law enforcement officials do not get special dispensation to sexually harass, and pee on, families. At least out of jurisdiction.

Apparently unimpressed, the officers arrested Officer Openfly and charged him with trespassing, a misdemeanor.

Continue reading "Will The Boston District Attorney Prosecute A Police Officer For Sex Crimes And Peeing On Family?" »

Posted by Altman & Altman | Permalink | Email This Post

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

Bookmark:

Young Omar B., 17, (hereinafter, the “Defendant”) is a lad from Hyde Park in Boston. Saturday, he was driving in Dedham. He had a bit of an adventure. His adventure has not fully ended yet. It has transformed into a criminal justice adventure as learned on Monday, in court, needing a lawyer.

The adventure involved a wrestling match with a police officer, according to the Commonwealth. It was apparently not a solo match, though. He was part of a team.

His partner?

His mom.

Lt. Det. Francis Bielawski was directing Dedham Mall traffic at 1:30 p.m. when a car driven by the Defendant, failed to stop until it was in the intersection of Incinerator Road and Washington Street, police said. The traffic violation is, as yet, unknown.

Bielawski pulled over the Defendant, who was talking on a cell phone, and discovered the youth only had a learner's permit and was alone in his mother's car, said Lt. Robert Nedder. The law does not allow a person with a learner's permit to drive alone.

When a tow truck arrived to take the car, Bielawski and Officer Richard Cawley asked the Defendant to step out, but he at first hesitated, Nedder said.

Continue reading "Boston Youth (And His Mom) Defended For Assault And Battery On Police Officer By Some Lucky Defense Attorneys" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Assault and Battery , Misdemeanors , Traffic Violations

Bookmark:

Here’s something you don’t see every day...a prosecuting attorney who has to go to Boston’s Supreme Judicial Court to back him up in not prosecuting someone!

Middlesex District Attorney Gerry Leone has refused to prosecute former state Senator James Marzilli for an alleged assault of an Arlington woman last April. Leone said he found there was not enough evidence to prosecute Marzilli for Massachusetts’ indecent assault and battery charges.

The complainant is not happy. She has been fighting Leone all the way to force him to prosecute.

The complainant alleges that Marzilli drove her to her Arlington home from a fund-raiser in April and, while standing in her kitchen, grabbed her breast and crotch. But Leone said in August that there wasn't enough evidence to prove the woman's case "beyond a reasonable doubt," which is the standard in criminal cases.

The woman then filed a private criminal complaint, the normal process of which being having a clerk magistrate’s hearing to determine probable cause to issue a criminal complaint. Apparently, the clerk found probable cause and a complaint issued.

But Leone again decided not to prosecute and refused to have Marzilli arraigned.

Continue reading "Boston’s Supreme Judicial Court Upholds Prosecuting Attorney’s Refusal To Prosecute Sex Crime" »

Posted by Altman & Altman | Permalink | Email This Post

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

Bookmark:

This past weekend, there was a party on the campus of Amherst College.

There was a little trouble. The result?

One youth lies in a hospital bed recovering from multiple stab wounds. Another, Marcus S., 21 of Boston (hereinafter, the “Defendant”), actually a student of University of Massachusetts, appeared in court yesterday as his lawyer tried to get him released on bail.

That attempt was not successful.

Amherst police responded to the call for assistance from the Amherst College Police Department at about 1 a.m. on Sunday . There had been a stabbing at Crossett Dormitory on the Amherst College campus. Upon arrival, officers discovered that a 20-year-old Amherst College student had been stabbed multiple times in the back and chest. He was transported by ambulance to Baystate Medical Center in Springfield where he was treated for injuries that were not deemed to be life-threatening.

The police became suspicious of the Defendant, who was covered in blood, but only had a minor cut on his thumb. Upon investigation, according to the arresting officer, the two men had argued about a girl with whom the Defendant had been dancing.

Continue reading "Boston Student Held Without Bail Despite Attorney’s Attempts" »

Posted by Altman & Altman | Permalink | Email This Post

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

Bookmark:

This week, the daily Boston Criminal Lawyer Blog ends its week as it began…with stories which demonstrate dangers faced by law enforcement and defendants applying to the “Hey, I’ll Bet I Can Make This Situation Worse” club.

Today, we have tales out of Springfield where two police officers suffered injuries Wednesday night while making two unrelated routine arrests.

Officer Francisco Otero suffered a severely injured shoulder while subduing a shoplifter during a violent struggle at Wal-Mart and Officer Maciej Jasinski suffered a severely injured knee while tackling a suspect in an icy parking lot.

Sgt. John M. Delaney, aide to Police Commissioner William J. Fitchet, said both officers required hospital treatment and have been relieved from duty.

Otero was sent to the Boston Road Wal-Mart, at about 8 p.m., for a report of a shoplifting in progress, Delaney said. Once inside, Otero was greeted by the store manager and security who stated they were monitoring a suspect who had a straight razor and was removing cell phones from their packaging and placing them in his pocket.

Continue reading "Boston Criminal Lawyer Blog’s Bad Week For Law Enforcement Ends As It Began, With Assaults On Police Officers" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Assault and Battery , Criminal Law , Illegal Weapons Possession , Theft Crimes

Bookmark:

This Massachusetts Dangerous Driving tale did not begin in Boston…it did not even begin in Massachusetts. But it ended there. In Springfield. In court. With a defense lawyer by his side trying to explain why his out-of-state allegedly reckless client should go home after his arraignment.

When 33-year-old Rogelio V. (hereinafter, the “Defendant”) entered the Commonwealth on Monday morning, he was not alone. He was leading a kind of law enforcement parade. By “parade”, I mean “chase”. State and local police had been led on a wild ride that ended when the Defendant allegedly intentionally rammed a cruiser on Center Street, Captain Eugene C. Dexheimer said.

"He wasn't going to stop for anybody," Dexheimer said.

The chase began in Hartford, Connecticut after the Defendant was involved in a hit and run accident there, Longmeadow Police Sgt. John D. Stankiewicz said. Longmeadow police first spotted the Defendant, northbound on Route 5, shortly before 2:30 a.m. Until that point, Hartford and Enfield police had been involved in the chase, police said.

When the Defendant, refused to stop, Longmeadow police deployed spike strips, blowing out all four of his vehicle's tires, police said.

The “never say die” Defendant, eventually driving on his rims, continued to flee at speeds below 30 mph Dexheimer said. "Sparks were flying from the tires that now were wheels," Dexheimer said.

Continue reading "The Battle Between Cruisers And Drivers Continue, Inside And Out Of Boston On A One-Way Road To The Defense Attorney" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Assault and Battery , Criminal Law , Traffic Violations , Vehicular Crimes

Bookmark:

Suffolk County District Attorney Daniel F. Conley has decided not to press charges against Boston Police officers in the case of David W., the 22-year-old Emmanuel College student (hereinafter, the “Deceased” who died after being arrested in June during Boston Celtics championship celebrations.

"As a result of a thorough, objective, and independent review of the facts, I have concluded that no criminal charges are warranted," Conley said in a statement he delivered at an afternoon news conference yesterday. "The facts are clear and the medical evidence overwhelming that [the Deceased’s] death was the result of natural causes – specifically a serious, preexisting heart condition."

The Deceased stopped breathing and his heart stopped beating while in police custody. He was taken to the hospital, but died 11 days after his June 18 arrest.

Conley, who reported his findings in a letter to Police Commissioner Edward Davis, said officers had struggled to subdue the Deceased, but the evidence was clear that officers did not use excessive force in arresting him.

Last month, the state medical examiner signed the Decedent's death certificate, indicating his death was the result of a congenital heart defect.

Continue reading "Boston District Attorney Decides Not To Press Charges For Detainie’s Death" »

Posted by Altman & Altman | Permalink | Email This Post

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

Bookmark:

Kieth L, 22, (hereinafter, the “Defendant”), described by the Boston Herald as a “mama’s boy” is in big trouble today. He is scheduled to stand before a judge in Brockton Court. At this very moment, his attorney is wondering what he can say to get his client out on bail.

He may as well not even try. His client is not going anywhere.

The Defendant is charged with the most serious of charges, stemming out of an extremely violent scene in Brockton yesterday. He is alleged to have been raping a handcuffed Cape Verdean woman when the woman’s sister walked in. He is said to have shot the “intruder” to death and shooting the rape victim several times as she ran for help.

An elderly homeless man who may have witnessed the carnage in the middle of Clinton Street was also gunned down,, while two hero Brockton cops who captured the rampaging gunman cheated death by inches

A neighbor who lives across the street from the sisters said the surviving sibling still had handcuffs dangling from one wrist when he ran outside to assist them after hearing gunshots.
“I looked outside and saw one of the girls running, blood all over her,” he said. “I grabbed her and sat her down and told her to hang on while I ran to her sister, who I could see a distance away. But I could see her sister was already dead.”

Continue reading "Homicides, Assaults, Rape And Carnage In Shooting Spree One Hour South Of Boston " »

Posted by Altman & Altman | Permalink | Email This Post

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

Bookmark:

When I returned to Boston as a defense attorney from New York, where I had been on the other side of the aisle, I discovered a few differences between daily in Beantown and the Apple. One of these was the subway experience. While in New York, the experience could be compared to an excursion through the land of “Wearehostileville”, The “T” was much more calm…much more safe.

Well, that may be changing a bit. For example, this past Friday, a Beverly man was arrested after he allegedly groped a plainclothes Massachusetts Bay Transportation Authority Transit Police detective on a train. As www.universalhub.com/mbta, a site dedicated to The MBTA, puts it, “a plainclothes transit detective put the pinch on a Beverly man after he allegedly put the moves on her on the Blue Line this morning, the MBTA says.”

Jeffrey N., 51, (hereinafter, the “Defendant”), was charged with indecent assault and battery for the rush-hour incident in East Boston around 8:45 a.m. by the transit police's Anti-Groping Unit at State Street Station. He is scheduled to be arraigned today in Boston Municipal Court, according to MBTA officials

According to T spokesman Joe Pesaturo, the Transit Police Anti-Groping Unit had been monitoring the Blue Line after a passenger complained about groping. Following the highly-publicized April 2008 launch of an anti-sexual harassment campaign, reported incidents of people being indecently assaulted rose from 44 in 2007 to 69 last year, according to the MBTA.

Continue reading "Boston Arrest For Sexual Assault On “T” Train" »

Posted by Altman & Altman | Permalink | Email This Post

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

Bookmark:

It began in early January, 2008, when three Boston men were brought to court, introduced to defense lawyers and advised of charges against them. The charges included shooting at a Brockton police officer during a chase from Brockton into Quincy.

As is usually the case, the police had won the chase and Salomao T. (hereinafter, “Defendant 1”), Faustino R. (hereinafter, “Defendant 2”) and Antonio D. (hereinafter, “Defendant 3”) were arrested.

They faced charges including possession of a weapon, assault and the like for the high speed chase and shooting.

The law enforcement community was so happy, the following was posted on January 6, 2008, about the incident at www.masscops.com:

Re: Police Chase out of Brockton, Shots Fired
________________________________________
The short version is the BPD were chasing shooting suspects in a car that fled all the way to Quincy. The bad guys are believed to have shot a few times at the cops as they were being chased. A BPD officer returned fire through his windshield (passenger officer of 2 man cruiser). A couple of cruisers crashed and so did the bad guys. 3 suspects in custody with a gun recovered.

Great Job by all involved!!!!!!!

Well, now a year later, the police are not so thrilled. Neither is the prosecutor. Who are they upset with?

Why, the judge, of course.

Continue reading "Boston Shooting Defendants’ Attorneys Are Successful At Getting Lower Sentences And The Fury Of The Police Department" »

Posted by Altman & Altman | Permalink | Email This Post

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

Bookmark:

Police in Norwood are searching for woman they say is a suspect in a Massachusetts child abuse case involving an infant. The 4-month-baby sustained a damaged rib, a fractured skull, and three broken vertebrae from the alleged incident. Now, law enforcement offices have put out a warrant of arrest for the baby’s babysitter, Sueli Soares. She is charged with assault and battery causing substantial injury to a child.

The 34-year-old woman was babysitting the baby on December 30 when she contacted 911. Soares told them that the baby started choking while she was feeding him and then fell unconscious. Doctors who examined the baby say they believe he was abused and that his injuries are signs that he may have been shaken violently.

Police say that after the alleged incident, Soares and her husband disappeared. They believe she might be an illegal immigrant. Soares had been working as the boy’s babysitter since November.

In an unrelated incident, Quincy police have issued their arrest warrant for babysitter Rabab Ghazal. The 39-year-old woman is accused of shaking another 4-month-old boy so violently on December 23 that he was hospitalized. The baby is still unconscious and in the ICU. Authorities interviewed Ghazal and the baby's relatives. The latter were cleared of any wrongdoing.

Shaken Baby Syndrome
The act of violently shaking a baby can cause serious injury to the infant. Traumatic brain injury and head trauma are two of the injuries that can result. According to the National Center on Shaken Baby Syndrome, some 1,400 babies are injured or killed every year because their were shaken vigorously by a parent or another caregiver.

Child abuse is considered a very serious criminal offense in Massachusetts. Anyone arrested or charged with child abuse is entitled to legal representation by an experienced criminal defense lawyer.

Police seek caregivers accused of injuries, Boston.com, January 15, 2009

Norwood police seek babysitter in child abuse case, Boston Herald, January 14, 2009

Related Web Resource:
Massachusetts Law About Child Abuse and Neglect, Massachusetts Trial Court Law Libraries

Continue reading "In Two Separate Massachusetts Child Abuse Cases, Babysitters Sought for Allegedly Harming Two 4-Month-Old Infants " »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Assault and Battery

Bookmark:

On Tuesday, the state Appeals Court, located in Boston, granted Adam N. (hereinafter, the “Defendant”)’s appeal and Ordered that he receive a hearing in a drive-by shooting case in which he had been convicted in 2004. The basis of the ruling was that he had been deprived of a fair trial because his attorney was “ineffective”.

The Appeals Court sent the case back to Hampden Superior Court for the hearing. The Defendant’s appellate attorney said she is pleased with the Appeals Court ruling, although she would have preferred an order for a new trial without the hearing.

The case stems from December 20, 2002, when the Defendant is said to have participated in a drive-by shooting of two individuals, Akers and Cope, in downtown Springfield. According to the Court:

“The traffic light turned green. As Akers pulled away from the stop, he and the passenger in the other vehicle simultaneously rolled down their windows. At the same time, Akers reached to his right for the volume control on his car radio, in order to turn it down. He then heard gun shots. Akers saw the face of the front passenger and saw a flash coming from what he thought was a gun in the passenger's hand; Cope saw flashes, but did not see the passenger's face. The exchange lasted a few seconds. Both Akers and Cope were struck by bullets in their legs.”

The police were given the description of "three light-skinned black males, all very young looking." The witnesses were also able to describe the vehicle as “a dark colored car, possibly a Nissan or Honda, with tinted windows”. Later, in the hospital, the shooting victims discussed their recollections and one stated that the shooter “looked like a [Defendant’s last name] that he went to school with that was younger."

Continue reading "Boston Appeals Court Finds Defense Lawyer in Drive-By Shooting Case Ineffective " »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Assault , Assault and Battery , Criminal Law , Felonies and Violent Crimes , Illegal Weapons Possession , Vehicular Crimes , Wrongful Convictions

Bookmark:

The Boston Herald is reporting that the New Bedford man charged with the murders of his mother and ex-girlfriend and in the kidnapping of a 12-year-old daughter has previous criminal convictions going back as far as 1992. Gary Gomes was arrested and charged last week after the two women’s bodies were discovered.

His mother Katherine Gomes’s body was found under an inflatable bed in her apartment. The body of Gary’s ex-girlfriend, Robyn Mendes, was found in another room. Both women had been fatally stabbed.

Prosecutors claim that Gomes dressed up Mendes’s body and put make up on her face after he murdered her. Gomes is also accused of going to Mendes’s house after the slayings and holding her 12-year-old daughter hostage while waiting for her husband to arrive so that he could kill him.

According to Gomes’s CORI record:

• He was convicted in 2006 of assault and battery for using a car as a dangerous weapon.
• He pleaded guilty in 2005 to assault and battery with a knife.
• In 2004, he was convicted for larceny and assault and battery.
• In 2001, he pleaded guilty to assaulting a prison guard with a tray.
• In 1996, he was convicted of breaking and entering and larceny, assault and battery with a chair, receiving stolen goods, and destruction of property.
• In 1993, he was convicted of drug possession and breaking and entering.
• In 1992, he was convicted of assault and battery, malicious destruction of property, and breaking and entering.

Gomes and Mendes shared a rocky relationship history with one another. Gomes was charged for allegedly beating her on two occasions and she filed restraining orders against him in 2006 and 2005. Mendes’s family members claim that the 48-year-old mother almost filed attempted murder charges against him after one domestic violence incident but she changed her mind.

Gomes’s Massachusetts criminal defense attorney promises to vigorously defend his clients against these latest charges and has requested the court’s help in retrieving electronic information that might be relevant to the case and Gomes’s defense.

Defense attorney for Gomes says electronic info could change case, SouthCoastToday.com, January 10, 2009

Double-slay suspect has 20-year rap sheet, Boston Herald, January 12, 2009

Related Web Resource:

Massachusetts Law About Criminal Records, Massachusetts Trial Court Law Libraries

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Assault and Battery , Felonies and Violent Crimes , Kidnapping , Murder

Bookmark:

Yesterday’s daily Boston Criminal Lawyer Blog talked about “Road Rage”. I even mentioned “Domestic Violence” cases. Today, we hit their cousin, “Hate Crimes”.

Hate Crimes is another category which brings extra focus on a case which otherwise might be a typical assault, threats or other such case. What makes a case a hate crime is the rationale behind the crime. If it is motivated by racial, gender or other kind of prejudice, it is a hate crime and gets special treatment. In fact, in the federal system, an additional count regarding civil rights violations can be brought.

Today’s example involves Debroah M. of Norwood (hereinafter, the “Defendant”) who has come to the attention of Attorney General Martha Coakley who has taken action against her. The Defendant is alleged to have repeatedly harassed a gay neighbor.

The neighbor is a tenant in the same apartment building where the Defendant lives. The Defendant is said to have been engaging in the harassment for a long time. In November, 2007, for example, officials said she began spreading false rumors that the victim is a sexual predator and pedophile.

A complaint was filed December 31st by the Attorney General. It alleges how the Defendant harassed the victim in a number of ways, including spreading false rumors that he was a sexual predator and pedophile, screaming anti-gay epithets at him, and falsely reporting to police that he had exposed himself.

Continue reading "Boston's Attorney General Targets Harassment And Hate Crimes" »

Posted by Altman & Altman | Permalink | Email This Post

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

Bookmark:

Driving around Boston and environs during the winter months can be an adventure. We know that the storms are coming…they tell us the storms are coming…yet we seem to be taken by surprise when streets are slippery. Perhaps it is because we are often already angry when we are dealing with traffic issues. From my vast experience of 25 years in criminal justice I have found that even waiting patiently in a traffic jam is quicker than getting angry, acting out, getting arrested, needing a lawyer and still having to wait quietly in traffic when you get out of custody anyway.

Hey - but that’s just me.

Not everybody sees it the same way I do. For example, during the early morning hours yesterday, four people in Springfield demonstrated such an alternate viewpoint. Of course, they got arrested and I am at home writing my daily blog.

The arrests took place after a minor two-vehicle accident turned into a violent confrontation on Chestnut and State streets.

Complete with gunfire.

"When police arrived they observed a Ford Expedition leaving the scene of the shooting," said Springfield Police Capt. Eugene C. Dexheimer. The operator of the Expedition (hereinafter, “ Defendant Auto A”) would not stop and was spotted by other officers on Route 5 near the Forest Park entrance approaching a Ford Mustang (hereinafter, “Defendant Auto B”), Dexheimer said.

Police determined the incident began as a car accident between the two vehicles, which then led to a physical confrontation.

Continue reading "Boston-area Driving Leads To Weapons, Violence, Jail And Defense Lawyers" »

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 , Murder , Traffic Violations , Vehicular Crimes

Bookmark:

…Meanwhile, back in the Bernard Madoff (hereinafter, the “Defendant”) drama, Magistrate Judge Ronald L. Ellis awaits written argument from the Defendant’s criminal lawyer as to why his client should not be incarcerated while awaiting trial for his artful recreation of the Boston – originated “Ponzi Scheme”.

The issues involved are an interesting combination of typical bail-related considerations as well as a novel twist to the “danger to the community” approach.

First of all, for those of you just waking up from about a month-long nap, the Defendant was arrested on December 11th on a securities fraud charge after the FBI said he confessed to swindling investors. Authorities say he told his sons he ran a $50 billion Ponzi scheme and had only a few hundred million dollars left.

The results of the fraud have been felt around the globe and across all strata of society.

He has been under house arrest at his multimillion-dollar Manhattan penthouse with an electronic bracelet and 24-hour guard.

But that status may be about to change.

On Monday, prosecutors asked the court for the Defendant's immediate incarceration, saying he and his wife violated a court order by sending jewelry and antique watches worth more than $1 million to relatives and friends over the holidays. They argued that the action violated a freeze of the Defendant's assets and demonstrated a danger to investors that he might dissipate assets. In effect, that by dissipating assets, he was continuing his thefts from his victims.

The judge asked lawyers on both sides during a bail hearing Monday to submit arguments this week to help him decide whether the Defendant should be jailed before trial.

Continue reading "Boston Watches As Bernard Madoff’s Criminal Lawyer Tries To Keep Him Out Of Custody" »

Posted by Altman & Altman | Permalink | Email This Post

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

Bookmark:

Yesterday, it was a former Boston police officer who found himself on the other side of the criminal justice aisle needing a criminal lawyer.

Ex-Boston Police Officer Isaac T., 43, of Arlington (hereinafter, the “Defendant”) ‘s legal problems began in the early morning hours of this past Saturday when he was allegedly observed to be drunk and carrying a BPD badge and a loaded 9 mm handgun when he was arrested at a Dorchester bar.

“Arrested? What would bring him to law enforcement attention?”

Well, he kind of said he would shoot a cop, according to prosecutors. In fact, he apparently said that he was carrying the firearm for the purpose of doing just that, according to MSNBC.

It was Saturday at about 1:30 a.m. at the Dublin House in Dorchester. After hearing the ex-guardian of society’s comments, an anonymous call was made to 911 from the pub to report the overheard threat. The Defendant was described as a man wearing a New York Yankees hat...which is sometimes considered a crime in itself in the area.

And so it was that the police confronted the Defendant outside the bar. Actually, he was hiding in a doorway next door to the nightclub when they confronted him.

They frisked him and found the 9 mm Beretta handgun. Apparently a loyal member of the “Hey, I’ll Bet I Can Make This Situation Worse” Club, the Defendant is said to have engaged in a “violent struggle” with two officers, the prosecutor later told the court in a bail hearing.

The Defendant, it would appear, did not win that struggle.

Continue reading "Boston Area Ex-Cop threatens to kill police and winds up on the side of the aisle with the defense lawyer" »

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

Bookmark:

Boston-area police were worried that they were going to have another death on their hands. Hosea R., 33, of Newton (hereinafter, the “Defendant”), was being sought after beating a woman in her West Roxbury home early Saturday. As he eluded police, they worried he might end up needing a coroner instead of a lawyer as they feared he would try to commit “suicide by cop”.

“Suicide by cop” is a term often used in cases where a suspect engages with and fights against the police in order to avoid capture. The theory is that the suspect would actually rather be killed than be taken into custody and so they force the police into choosing between letting the suspect go or shooting him dead. It is more common when the alleged crime is a violent felony.

I will leave the choice most often taken to your imagination for now. However, thankfully, the Defendant was finally taken into custody and nobody died.

The allegations against the Defendant stem from the an incident reportedly taking place at approximately 5:00 a.m. on Saturday, the 27th of December. According to the police, the Defendant and a female friend had gone out for a night of dancing at a Randolph nightclub. Apparently, things went awry somehow and he allegedly began to punch and kick his female friend when they got to her place. By the time police arrived, the Defendant was gone. The assault victim was transported to a local hospital where she was treated for non-life threatening injuries.

The Defendant is said to have called his mother in Newton after the beating. She drove to meet him in a Dedham mall parking lot. In the meantime, the Dedham police received a phone call from “someone related to the suspect” who said that the Defendant was acting strange and talked of hurting himself. The relative further stated that the suspect said he was not afraid if the police attempted to hurt him.

And so it was that mother and son came to meet in Dedham…until they had company. When the police arrived, the Defendant fled and alluded them.

Continue reading "Metro Boston Fugitive Sought For Assault Survives To Face A Judge And Hire A Lawyer" »

Posted by Altman & Altman | Permalink | Email This Post

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

Bookmark:

Slightly north of Boston, this week began with another romantic entanglement that spilled into the halls of justice. This time, it was substantially more tragic than our tale in yesterday’s daily blog. This time, somebody died. The prosecutor says that the killer is a criminal. Her defense lawyer, however, says she is the true victim, a victim of domestic violence.

Kimberly S, 30, of Somerville (hereinafter, the “Defendant”) was arraigned yesterday for murder. She is charged with plunging a kitchen knife into the chest of her boyfriend this past weekend. However, she claims that the killing of Amaldo A., 42, (hereinafter, the “Deceased”) was done in self-defense.

The Defendant, who claims to be a longtime victim of domestic abuse told police that she killed her boyfriend in the midst of another argument, according to a defense attorney and a police report filed today in court.

"Yes, I stabbed him, but he attacked me first," the Defendant told police, according to the report.

In Somerville District Court, she pleaded not guilty to a murder charge and was held without bail. Defense attorney Maria Curtatone pointed to what she described as bruises on her client's neck, chin, and forehead as evidence of chronic abuse.

Assistant Middlesex District Attorney Marian T. Ryan acknowledged that the couple had a history of domestic violence at their Greenville Street apartment. Neighbors said, however, that the Defendant was often the aggressor, Ryan said in court . The prosecutor also indicated that the smaller-in-stature Amado was too “embarrassed” to report the abuse.

Continue reading "Defendant’s Lawyer Argues That Boston Area Client Who Killed Boyfriend Is The Victim" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Assault , Assault and Battery , Criminal Law , Domestic Violence , Drug Offenses , Felonies and Violent Crimes , Illegal Weapons Possession , Involuntary Manslaughter , Misdemeanors , Murder

Bookmark:

You know, it is not just Metro Boston law enforcement who know how to investigate. They are all trained to do it. That is why I keep telling you not to try to outwit them because you are not likely to succeed. Keep quiet, comply and get a criminal defense lawyer.

Michael W., 23, (hereinafter, the “Defendant”), thought he could fool the officer who stopped him earlier this week. He was riding in a car when it was stopped for speeding in Ashland, Massachusetts. When questioned as to his identity, the Defendant apparently gave the police a false name.

Unfortunately for the Defendant, however, the name he gave belonged to someone whom the officer knew was already in jail, according to the police.

Of course, the Defendant had a reason for wanting to be someone else…there was currently a warrant out for his arrest for the crime of rape.

Continue reading "Call His Defense Attorney - Outside Boston Warrant Collector Is Back!" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Assault , Assault and Battery , Criminal Law , Drug Offenses , Felonies and Violent Crimes , Misdemeanors , Rape , Sexual Assault , Sexual Crimes , Traffic Violations , Vehicular Crimes

Bookmark:

Lack of good judgment, while not a crime in itself, easily causes arrests. Here are two stories from the Boston area which illustrate this point and show how bad judgment can be expensive in the way of time, money, stress and the overall need for a defense attorney.

Beverly Police have charged two men are charged with the rape of a woman after a party and a night of drinking and smoking marijuana over last weekend. Another man known only by his first name (hereinafter, “Unknown Defendant”) could also face charges — if he is ever identified.

Terrence C, 17, of Beverly and Derek B, 18, (hereinafter “Defendants 1”), of East Bostonare the two identified defendants.

The rape reportedly happened on December 19th at a Cabot Street apartment and was reported to police just after midnight on Sunday morning, December 21st when the victim showed up at the Beverly Hospital emergency room. Beverly Police arrested the two men about 9 a.m. on Sunday.

The complainant, who is 18 years old, told police that it all began at a house party on Friday when the victim and the men went to one man’s apartment because he was under house arrest with a bracelet and had to be home, according to the police report.

Apparently, being under house arrest with a bracelet on is not a sign to be wary to today’s youth.

When they arrived, the complainant told police she gave Unknown Defendant $30 in cash to buy her Mike’s Hard Lemonade and grape vodka. When they returned to the apartment they all smoked marijuana and drank together, the complainant told police.

Just another typical Friday night in the ol’ north shore!

Continue reading "Love, Drugs, Sex, And Violence Outside Of Boston – Defense Attorney’s Needed" »

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 , Juvenile Crimes , Misdemeanors , Rape , Sexual Assault , Sexual Crimes

Bookmark:

How did you begin your weekend? I began mine by driving to court in Boston, doing other lawyer-like things at the office and then running home to “hunker down”, as the radio told me to do, because of the impending snow. I also dug out my car a couple dozen times.

I felt alittle put-upon by all that nasty snow.

In retrospect, though, I feel luckier. After all, 31-year-old Jason R. of Pelham, Massachusetts (hereinafter, the “Defendant”)did not have to shovel any snow on Friday, or Saturday or even Sunday. That was done for him.

In federal custody.

You see, he was arrested on Friday on federal warrants in Framingham stemming from a Pelham police investigation concerning illegal firearms possession.

Well, it was not just the fact that he was in possession of the guns…it was that he was a felon in possession of the guns.

The Defendant and law enforcement have had a bit of a stormy relationship over the past years.

Continue reading "North Of Boston Gentleman Possesses Weapons That Any Defense Attorney Could Have Told Him He Was Not Allowed To Posess After A History Beating People With Them" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Assault , Assault and Battery , Criminal Law , Drug Offenses , Federal Crimes , Felonies and Violent Crimes , Illegal Weapons Possession , Misdemeanors , OUI/Drunk Driving , Probation Violations

Bookmark:

In the north of Boston, there is a little city called Salem, Massachusetts. Salem is a fun place with its own claims to excitement. A number of years ago, for example, we used to hang people for being witches. Next to Salem, is Lynn. Perhaps for more mundane reasons, Lynn tends to be a rather exciting place to live too as we have discussed in the this daily blog many times.

Last July, a Lynn man, apparently unsatisfied with the adventures that Salem had to offer, engaged in alittle excitement of his own. Well, his and his lady friends…

Michael B., 37, (hereinafter, “Boy Defendant”), and his girlfriend, Caroline T., 27 of Woburn (hereinafter, “Girl Defendant”), came to Salem two days ago to put an end to their pending criminal matter. They were coming to plead guilty .

It had been an assault case. Actually, a domestic violence assault case. A domestic violence assault case that was allegedly committed right outside the courthouse.

The alleged victim? Boy Defendant’s estranged wife (hereinafter, “Mrs. Boy Defendant”).

Continue reading "The Love-lorn North Of Boston Come To Blows And Need Defense Attorneys " »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Assault , Assault and Battery , Criminal Law , Domestic Violence , Drug Offenses , Misdemeanors , Restraining Orders , Traffic Violations , Vehicular Crimes

Bookmark:

In Massachusetts, the stepfather of 14-year-old Haleigh Poutre was sentenced to 12 – 15 years in state prison for his role in a near fatal 2005 beating that left the girl in a coma and with a permanent brain injury. Jason Strickland, 34, was convicted of two counts of assault and battery with a dangerous weapon, two counts of assault and battery on a child with substantial injury, and one count of assault and battery. He was acquitted of one count of assault and battery with a dangerous weapon.

Strickland and his late wife Holli had adopted Haleigh from Allison Avrett, who is Holli’s sister. Avrett signed over her parental rights to the couple because she was suffering from mental health issues and drug abuse.

Massachusetts prosecutors charged the couple with beating the then 11-year-old. Only Strickland's case was tried in court, however, as Holli later died, along with her grandmother, in a suicide-murder.

During the trial, Strickland said he noticed that Haleigh had a number of wounds on her body, but he believed Holli when she told him that Haleigh’s wounds were self-inflicted. Over a period of five years, the girl’s doctors, state social workers, and therapists also believed Holli’s explanation and dismissed concerns expressed by teachers and neighbors that Haleigh was the victim of abuse.

While the jury believed that Strickland wasn’t there during the last beating, they believe he allowed the abuse to happen when he left Haleigh alone with Holli. Strickland’s criminal defense attorney is appealing the jury’s criminal verdict. Strickland’s mother, Bobbi says her son is being used as a scapegoat—especially as social workers and doctors also missed signs that Haleigh was an abuse victim.

Haleigh now lives in a Boston rehabilitation home. Her beating injuries placed her at the center of a Massachusetts right-to-die case when state child welfare officials sought to remove her feeding tube when it did not seem like she would recover from her coma. Not long after, Haleigh began to show signs of improvement.

Stepdad Jason Strickland gets 12-15 years in Haleigh Poutre case, Boston Herald, December 18, 2008

Jason Strickland Convicted of Beating Stepdaughter, CBS3, November 26, 2008

Related Web Resource:

Haleigh Poutre, USA Today

The General Laws of Massachusetts

Continue reading "Haleigh Poutre’s Stepdad is Sentenced to 12 – 15 Years in Prison for Assault and Battery Convictions Related to Massachusetts Child Abuse Case" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Assault and Battery

Bookmark:

The Boston Herald reports about what are generally considered a couple of those “dirty little secrets” about the Justice System. They involve rather inconvenient truths that are particularly disconcerting, and so tend to be ignored, in the criminal justice arena.

And by the way....they are probably truths you have even suspected at times.

The first one is that, sometimes, police officers overdo it when it comes to force.

The other one is a bit more complicated, but I have faith in you that you can follow it.

Ready?

Step 1- Sometimes, people lie while under oath.

Step 2-Police officers are people

Step 3- Sometimes police officers lie while under oath.

Usually, these instances go without any penalty to the officer, although it is the crime of perjury just as when one of us “regular people” do it.

Not this time, though.

Continue reading "Massachusetts State Trooper And Proclaimed Scourge Of Drunk Drivers Accused Of Brutality And Perjury" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Assault , Assault and Battery , Criminal Law , Felonies and Violent Crimes , Misdemeanors , OUI/Drunk Driving , Traffic Violations , White Collar Crimes

Bookmark:

Reports say that robberies are on the rise. I suppose that is not a big surprise, given the economic downturn we are dealing with.

Some of the attempts do have some entertainment value, though.
For example, let’s begin with such an attempt from earlier this very week. We turn to Lowell, Massachusetts. There, we find a peaceful scene. A grandmother and her 8-year-old grandson inside their home. Enjoying the day, perhaps happy that the snow from Sunday had stopped. Norman Rockwell type of scene.

Suddenly, there is a knock at the door.

End of peaceful scene.

Grandmother and Grandson were suddenly terrorized. A man and woman burst into the home, demanding money. Actually, they were more specific than that. With masks on, Grandmother tells us, “They kept wanting $1,000. They kept saying, 'You got $1,000!"

Grandmother explained to them that she didn't have that much money in the house.

The duo did not belie her. They demanded her purse, which she told them was in another room.

"So when he went for my pocketbook, I told my grandson run and get the police," she said.

The 8-year-old did as Grandmother told him. He bolted from the house and ran about 100 yards to a gas station, screaming for help.

"I ran in there. I told them to call 911, because people in my house wanted money," said the grandson.

Right after the child ran out, the couple fled without getting any money. They apparently sought to get away, but, naturally, ran in the same direction as the boy.

Continue reading "Massachusetts Robbery Attempts, With And Without Weapons, Continue To Rise…And Sometimes Fail" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Assault , Assault and Battery , Criminal Law , Federal Crimes , Felonies and Violent Crimes , Illegal Weapons Possession , Involuntary Manslaughter , Misdemeanors , Murder , Robbery , Theft Crimes , White Collar Crimes

Bookmark:

Happy Monday. How did you start your weekend? I hear a lot of people went shopping. At Altman & Altman, LLP., we moved our offices next door.

In Fitchburg, Massachusetts, a gentleman had a high speed chase with an officer.

As usual, he did not win. He did, however, manage to injure a police officer, which successfully gained him membership into the infamous “Hey, I’ll Bet I Can Make This Worse” Club.

Of course, according to authorities, James T., 36 of Templeton (hereinafter, “Defendant 1”) had not exactly been the pillar of good judgment before the chase. There had already been a little matter of that warrant out for his arrest in connection with the robbery of the Fitchburg Savings Bank in Parkhill Plaza in April 2007.

Last Friday, police say that Detective Perry Pappas saw Defendant1 come out of a Marshall Street house around 1 p.m. and get into a black Saturn driven by a woman. The Detective followed the Saturn in an unmarked cruiser through city streets, and called for marked cruisers to help him with the arrest.

So far, so good.

Marked cruisers arrived around the intersection of Blossom and Crescent Streets. They signaled for the driver of the Saturn to stop.

That did not go over so well.

The Saturn did not stop. Instead, it drove along several more streets in the Fitchburg State College area and then hit another car at Pearl Street and Myrtle Avenue; that car, in turn, struck the cruiser driven by Police Officer Michael Rochette, police said.

The female driver of the Saturn was arrested at the scene and was taken to Leominster Hospital. Officer Rochette and three people in the car his cruiser collided with were taken to Leominster Hospital with what police said are non-life-threatening injuries.

Defendant 1, however, was not done yet.

Continue reading "Massachusetts Bank Robbery Suspects Continue To Engage Police In High Speed Chases And Win… Larger Criminal Sentences" »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Assault , Assault and Battery , Criminal Law , Drug Offenses , Federal Crimes , Felonies and Violent Crimes , Illegal Weapons Possession , Involuntary Manslaughter , Misdemeanors , Murder , OUI/Drunk Driving , Robbery , Traffic Violations , Vehicular Crimes

Bookmark:

A new year is just about dawning! There is a new administration coming in to lead the country! Even our Cambridge office is moving (next door)! Let’s face it, people are on the go!

And, as goes “the people”, so goes the criminal justice system.

For example, let’s look at the case of the “Traveling Brawl Show” which opened its tents this week. It had a relatively short run, though. It ra