Boston Criminal Lawyer Blog

Last week, the Boston Criminal Lawyer Blog discussed cases involving assaults of various natures. Some involved drugs. Some involved the ultimate assault... homicide.

This week, we begin with assault of a different kind. Here, no person was assaulted.

It was a wall.

No, it was not a drunk driving case, where an inebriated driver believed that the traffic laws allowed “Straight On Red”...even if straight ahead was a stone wall.

This was just a regular corridor wall. Inside, not outside.

Continue reading "Massachusetts Student Needs Experienced Lawyer In Assault Of Wall Case" »

It is not terribly unusual to hear about a case in which a student is accused of getting into a fight with another student. However, a Newton high school student has now been charged with Massachusetts assault and battery against someone else...a teacher. But it does not end there. He will also have to tell his new attorney how to defend against the charge that illegal drugs were the issue of the altercation.

The 16-year-old lad (hereinafter, the “Defendant”) was charged with assaulting the teacher on Friday after a metal box full of marijuana was allegedly confiscated from him at school, police said.

According to the Commonwealth, a teacher caught the Defendant in a school bathroom with the box in a, and took him into an office, where he was told his parents would be contacted. As the Defendant was being escorted to another school office, police said, he allegedly grabbed a different teacher's hand in an attempt to retrieve the box. The teacher was not injured.

Police say that the box contained five packages of marijuana.

Continue reading "Massachusetts High School Student Arrested For Assaulting Teacher And Intent To Sell Drugs" »

Kyle B., 28, (hereinafter, the “Defendant”) is in trouble again. Criminal Justice trouble. Massachusetts Murder trouble.

The Defendant was arrested in Brockton Saturday and charged with the murder of a man outside of a local restaurant on January 5th. A second witness of the shooting was shot in the leg and has survived. The Defendant stands accused of the shooting of both gentlemen as well as unlawful possession of a firearm.

Law enforcement has wasted no time in calling the double shooting “egregious” and “heinous.” Ignoring the usual need for lip-service on behalf of the presumption of innocence, Plymouth District Attorney Timothy J. Cruz has publically declared that ““The shooter in this case is a very dangerous person. I’m glad he’s off the street”, he continued. “Brockton is safer without him on the street.”

Of course, the Defendant is not a complete stranger to charges of homicide. He was charged with the 1999 grisly death of a 14-year-old girl who had been eight months pregnant, presumably with his child. In fact, in a recorded statement to police, the Defendant described himself as a witness who had watched a friend lure her to a shallow grave , stabbed her and bludgeoned her with a rock a brick before burying her alive. The Defendant then led police to that grave. The Commonwealth charged him with being part of the conspiracy to kill the young woman. However, at trial, some five years later, he was found to be “not guilty” by a jury.

After the 2004 jury trial, Suffolk County District Attorney Dan Conley’s office described itself as being “baffled and pained” by Bryant’s acquittal.

I guess both District Attorneys are sleeping better tonight.

Continue reading "Acquitted Of Murder In Boston, Shooting Suspect Needs Another Defense Attorney " »

I know you’ve heard the story by now. Massachusetts is in the news again due to a celebrity crime story. This time, the celebrity, Nancy Kerrigan, isn’t really part of the story.

But the rest of the family is.

Mark Kerrigan, Nancy’s 45-year-old brother (hereinafter, the “Defendant”) has been accused of causing the death of their father, Daniel (hereinafter, “Dad”). No, the Commonwealth does not contend that the Defendant plotted to kill Dad and then executed the plan...it was more tragic than that.

The allegations are that the Defendant wanted to use the telephone, but Dad would not let him. An argument ensued and became physical. Finally, the Defendant is said to have grabbed Dad by the neck. Dad fell to the ground. The Defendant claimed he was faking...but that opinion obviously changed when the police came.

Dad died and the Defendant, allegedly drunk and unruly, was pepper-sprayed and arrested.

Continue reading "Kerrigan And Attorney Await Results Of Massacusetts Grand Jury" »

Arraignments do not always take place in the courtroom, as Robert G., 19,(hereinafter, the “Defendant”) learned yesterday. He was arraigned in a Worcester hospital bed on charges of killing his ex-girlfriend, 19-year-old Allison M. (hereinafter, the “Deceased”). The Deceased was a Fitchburg State College freshman. In the past, she had obtained at least two restraining orders to keep the Defendant away from her, authorities said.

The Defendant was charged with first-degree murder, and violating the restraining orders, after allegedly stabbing and shooting to death the Deceased. He remains in critical condition after allegedly trying to kill himself as well.

“We are alleging that this is another troubling incident of domestic violence resulting in homicide, where the defendant is alleged to have fatally stabbed the victim, his ex-girlfriend, and then attempted to kill himself,” Middlesex District Attorney Gerry Leone said in a press conference this afternoon at his office in Woburn.

“This is the second such incident we have in consecutive weeks, where we are alleging that a male defendant has killed his former or present female significant other, and then seemingly tried to end his own life,'' Leone said. "We must continue to find ways to stem this tide of alarming domestic violence incidents.”

Continue reading "Massachusetts Homicide Charges Result From Restraining Order Violations" »

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

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

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

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

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

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

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

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

Related Web Resources:
National Center for PTSD

The Nancy Kerrigan Biography, Biography.com

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

The Massachusetts Appeals Court will be conducting a hearing on February 10th to determine whether a new trial should be granted to Corey R. (hereinafter,the “Defendant”) for the 2001 killing of a school counselor, the Reverend Theodore N. Brown. This time, it is the prosecuting attorney who is pursuing the appeal.

You see, a Hampden Superior Court Judge granted the motion for a new trial. The Commonwealth contends the judge was wrong in allowing the motion.

The Defendant, who was 17-years-old at the time, had been convicted of second-degree murder for the December 5, 2001, stabbing death of Reverend Brown in a classroom. The trial was conducted in 2003 before the late Judge Thomas J. Curley Jr.

Judge Cornelius J. Moriarty ruled in February 2008 that the Defendant is entitled to a new trial on the basis of ineffective legal representation.

Continue reading "Massachusetts Appeals Court Hears New trial Motion In Murder case " »

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

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

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

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

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

Today we discuss yet another tale wherein Massachusetts law enforcement officials are in need of a criminal defense attorney. It involves recent accusations against four such officers and an event arising out of a suspected racially motivated apprehension from this past November.

Well, it is not so much the fact of the apprehension that has raised suspicion, but the method of it. You see, Melvin J. (hereinafter, the “Passenger”) was a guest in a particular motor vehicle that police stopped. While not the driver, police say he acted suspiciously. So, the officers ordered him to get out of the car. He did as ordered…and kept going. He ran away from the scene.

The officers, apparently having lost interest in the driver of the car and whatever traffic violation they thought they had witnessed, chased after him. They say that when they chased him, he violently resisted and tried to grab one officer's gun.

That’s a big “no-no” for law enforcement. It does, however, seem to give a perceived license for officers to do things they otherwise wouldn’t.

Continue reading "Massachusetts Traffic Stop Becomes Fourth Assault And Battery Claim Against One Police Officer" »

You live in Boston. You arer relaxing at home, watching the children play with their new Christmas gifts before they break them. It is a Norman Rockwell scene…except for one tiny detail. You suddenly remember that invitation (summons) you received last week to witness Massachusetts jurisprudence (court) in action. In other words, you have to go to court to answer on that drunk driving charge tomorrow and you still have not even contacted a lawyer!

Game over? Just give up and expect you won’t be returning home for a couple of years? Maybe it is time for that extended vacation out of the country you always dreamed about?

Well, chances are, particularly if you had received a summons and were not arrested, it is not that bad. There are, however, a few things you should know and at least one thing you should do.

First of all, the summons was for one of two things – either an arraignment or a clerk magistrate’s hearing.

As most readers of this daily blog know, a clerk’s hearing is basically the last step before arraignment in cases in which you have been lucky enough to get one. It is the hearing to decide whether or not there is probable cause to issue the complaint which would bring you to an arraignment. At such a hearing, a clerk magistrate listens to evidence presented (sometimes solely by an investigating officer) and decides whether the elements of the accused crime are met. It is a very simple, and low, standard. Should the clerk find that there is probable cause, a complaint will be ordered and the next step will be arraignment.

Continue reading "Attorney Sam’s Take: You Have To Go To Court Tomorrow For That OUI Or Assault Case (Part One)" »

Recovery from a long weekend, such as the Thanksgiving weekend we have just enjoyed, can mean different things to different people. For me, for example, it meant waking up yesterday not being able to get online and so not posting my blog (sorry about that, by the way). For Sonny T., 21, of Wareham (hereinafter referred to as the “Defendant”), it meant being in contact with his new criminal defense attorney and dealing with fallout from some alleged indiscretions over the holiday.

These indiscretions include criminal charges such as counterfeiting, armed robbery and assault.

According to the Commonwealth, the Defendant was not in the most thankful of moods last Thursday night when he met up with two people he knew at an oil change business.

Violently unthankful.

Continue reading "Massachusetts Assault And Robbery Lead To Arrest For White Collar Crime And Possible Federal Prosecution" »

James LaShoto, a 17-year-old football player for Arlington High School, has pleaded not guilty to a Massachusetts assault and battery charge for head-butting Daniel Curtin, an Abington High School player during a September 19 game. He entered his plea last week in Cambridge District Court before being released on personal recognizance.

Police say that the alleged incident occurred after Curtin’s helmet was knocked off. He was unable to play for 10 days following the head-butt, which was captured on video. Curtin says that LaShoto of pulling off the helmet before head-butting him.

Arlington Catholic suspended LaShoto for two days. The 17-year-old and his family have apologized for the incident and they acknowledge that his behavior was wrong. However, LaShoto's defense attorney maintains that head-butting someone during a football game is not a crime and the matter should therefore not be pursued in criminal court.

LaShoto is scheduled to reappear in court next month.

Assault and Battery
For a jury to convict a defendant of Massachusetts assault and battery, the prosecution must either prove that the defendant committed reckless assault and battery or intentional assault and battery beyond a reasonable doubt. Intentional assault and battery involves an unjustified and offensive/harmful act of physical contact that caused injury to a victim. Reckless assault and battery involves reckless conduct by the accused that caused physical injury to the victim.

Maximum penalty upon conviction for Massachusetts assault and battery is 2.5 years.

Arlington Catholic High School football game headbutt gets assault charge, Boston Herald, November 28, 2009

High School Football Player Charged For Head Butt, WBZ, October 30, 2009

Related Web Resource:
Chapter 265 Crimes Against the Person, The General Laws of Massachusetts

Continue reading "High School Football Player Pleads Not Guilty to Massachusetts Assault and Battery Charge for Head-Butting Opponent" »

Sometimes the memories of Thanksgivings past are ones you might prefer to forget. Take a particular North Adams police officer who was testifying at a criminal trial-his own, side by side with his criminal defense attorney.

The events at issue took place last Thanksgiving.

Officer Joshua M. (hereinafter, the “Defendant”) is on trial for two counts of assault and battery with a deadly weapon, one count of assault and battery, one count of witness intimidation, and one count of filing a false police report about the incident, which involved treatment of a Pittsfield prisoner. The defense is that because said prisoner was covered with his own excrement from the middle of his back down to the back of his knees, the Defendant felt he had fewer options in trying to restrain the drunk and combative man.

The Defendant testified that he didn't pat down the Matthew T. (hereinafter, the “Prisoner”) at the North Church Street scene where the Prisoner had caused a disturbance by kicking doors and defecating on a welcome mat. He further explained that his training indicated that he should avoid touching bodily fluids to prevent exposure to potentially infectious diseases.

Continue reading "Massachusetts Police Officer Is On Trial For Assault and Battery With A Deadly Weapon" »

There is a tragic scene taking place in north of Boston city of Lynn. It is playing out on the Victim side of the criminal justice equation. It will also likely mean bad news for a particular assailant when it is time for arrest and attorney- life without parole type of bad news.

The family of Vincent G., a 30-year-old man (hereinafter, the “Victim”), faced with determinations of his being brain dead since being shot in the head Sunday morning are planning to remove him from life support.

About the shooting-turned homicide we know only a part. Apparently, at approximately 1:00 a.m. on Sunday, the Victim was shot once in the head outside Soriano’s nightclub in Lynn. His fiancée who was at the scene is said to desperately tried to keep him alive at the scene, giving him CPR as he slowly slipped away in her arms.

The Victim was taken by ambulance to Salem Hospital and then air-lifted to Boston Medical Center.

Originally, the family had hope that the Victim would survive, clinging to promising signs of his occasional blinking or coughing.

“We thought he was going to make it, but he’s brain dead,” explains a family member. “The bullet is still there in his brain and they can’t get it out because his brain is so swollen. So his mom asked us to say our last prayers because she decided to pull the plug.”

Continue reading "Boston-Born Shooting Victim Becomes Homicide Casualty Of Street Crime" »

Bruce Springsteen wrote a song claiming that “Summer is here and the time is right for racing in the street”. Well, it is not summer and the time certainly isn’t right for street speeding. The lesson, however, is a little late in the learning for 17-year-old Michelle M. of Methuen (hereinafter, the “Defendant”). Accused of drag racing in Lowell by witnesses, the young lady will be facing charges alongside a criminal defense attorney.

According to the police, the Defendant will be charged with leaving the scene of an accident causing personal injury. The injured party was a 12-year-old boy who was struck by a car during what witnesses claim to be a drag race and thrown about 20 feet. Allegedly, because leaving the scene of an accident is a misdemeanor, the Defendant is going to be summoned to court at a later date and was not arrested. She has, however, lost her license.

According to witnesses, the racers had run a red light before one of the cars struck the boy. The boy is listed in fair condition with internal and head injuries at a Boston hospital.

According to the police, the Defendant, having left the lad for dead, fled the scene and went to a Lawrence hair salon, got her hair done and then reported to the police that her car had been vandalized.

Continue reading "Massachusetts Student Faces Both Misdemeanor And Felony Charges Stemming From Hit And Run Case" »

Chris W., a 22-year-old Hanson man (hereinafter referred to as the “Defendant”) spent some time in court this week and undoubtedly got to meet a nice new criminal defense attorney.

The visit was occasioned by some pretty serious felony charges.

You see, apparently the Defendant and a young lady (hereinafter, the “Complainant”) went to Boston Saturday night. They went back to Hanson later and that is where the trouble is said to have started.

Apparently, the Complainant and the Defendant had an argument in her Hanson home. The women told police that the Defendant then went into her basement bedroom and forced himself on her, putting his hand on her mouth to muffle any screams. He then grabbed a plastic bag and put it over her head and lifted her up. As she tried to flee, he then is said to have thrown her to the floor and, banging her head against a wall and dresser, said, "You're lucky to be alive, and I should kill you."

Continue reading "A Night Out In Boston Results In Charges Of Rape, Attempted Murder And The Need For A Lawyer" »

19-year-old Lynn man Walter C. (hereinafter, the “Defendant”) faced Justice last week, attorney by his side, in Lawrence Superior Court. The verdict was guilty. The sentence was life in state prison. The charge was second-degree murder taking place in August, 2008. Any change of fate is now in any potential appeal.

The jury had been out for approximately four hours before returning a lesser verdict of second-degree murder - an intentional killing done with malice - instead of first-degree premeditated murder initially charged against the Defendant by the state. Immediately, the Defendant was given the mandatory punishment of life in state prison. Normally, the Defendant would be eligible for parole after serving 15 years in state prison. However, he was also found guilty of carrying a firearm and given a consecutive 30 month sentence to serve.

The Commonwealth alleges that the homicide was the result of the drug trade. They alleged that the deceased’s cousin had told the him that the Defendant had stolen $30 and several bags of marijuana. When the deceased went looking for the Defendant and confronted him, the deceased apparently shot once at the Defendant, but missed him. The Defendant then chased down the deceased and shot him in the head, killing him.

The Defendant took the stand and admitted firing the gun, but said he was being shot at and defended himself under a combat situation.

Continue reading "Lawrence Jury Finds Murder Defendant Guilty Despite Self-Defense Claim" »

As winter weather, and Christmas movies, re-enter our lives this year, we are revisited today by a ghost of winters’ past. Yesterday, a “Not Guilty” plea was entered in court on behalf of Gerald H., 47, of Roslindale (hereinafter, the “Defendant”) as his attorney stood beside him. The Defendant was recently paroled from a 18-20 years in involuntary Commonwealth housing. Now, he stands accused of, among other things, armed robbery.

The Defendant was convicted of two homicides during the Blizzard of ’78. The weapons of choice then was apparently both knives and guns. He was convicted of manslaughter for one such stabbing occurring in 1977. The other homicide conviction was for second –degree murder. The crime involved the shooting of a man during an attempted robbery by three youths, one of which being the Defendant. He had been out on bail from the stabbing at the time.

On September 3rd, the Defendant was released from the Boston Pre-Release Center in Roslindale. As of yesterday, his is being held on one million dollars bail and a parole detainer. He is charged with the robbery of more than $21,000 from and the pistol-whipping of a city cab dispatcher.

Law enforcement claims that an officer on a paid detail saw the Defendant hailing another cab, caught up with the cab and arrested the Defendant at gunpoint. Recovered were two shopping bags full of money, a .38 caliber firearm.

Continue reading "Boston Murder Parolee Is Arrested For Robbery And Assault With A Gun" »

Today’s Boston Globe tells us the tale of Corey P., 23of Dorchester (hereinafter, the “Defendant”) who now needs a good criminal defense attorney fast. He is charged in connection with a homicide in which a 24-year-old man was stabbed to death yesterday in Brighton, according to police.

This was an area where many students dwell. An officer patrolling near Brighton and Harvard avenues found the stabbing victim about 2:16 a.m. in front of a store on Brighton Avenue, according to police. The officer called for help and began to perform cardiopulmonary resuscitation on the unconscious man. The victim was then taken to Beth Israel Deaconess Medical Center, where he apparently died.

23 minutes after the stabbing, Boston police officers arrested the Defendant. You might think that he was arrested for actually performing the violent knife-weilding which resulted in the death.

You would be wrong

Continue reading "Boston-Area Assault In "College Town" Area Is Murder" »

This was not supposed to happen! How could such a thing happen? You’ve lived your entire life without breaking the law. Well, okay, maybe there was that time many years ago... but that’s beside the point. Nobody knows about that. But, now, here in Boston, today, you are going to be arrested. You are being investigated. Now, as you have read so many times in this daily blog, you need one of those awful creatures, a criminal defense attorney. What now?

Well, lucky for you, there are many of us around. In fact, in the Boston area, you probably could not throw a rock without hitting one. Many people think that that would be a great idea. But let me suggest otherwise.

As is the case in most professions, there are good defense attorneys and not so good ones.

First of all, let’s establish that you actually want an actual criminal defense attorney. In other words, Attorney Iliketowritewills who has helped the family through the years in real estate and other probate matters is not necessarily someone who has any criminal defense experience other than that one drunk driving matter he helped Uncle Charlie with 20 years ago. Attorney Corporatelaw may be absolutely brilliant in mergers and acquisitions, but that does not mean she knows what to do in a drug or shooting matter.

Each type of criminal case is different. The approach to a murder is not the same as it is with a white collar case Certainly, someone who has not even practiced regularly in the criminal court sessions is going to be like the perverbial fish out of water even though dressed in the same kind of suit.

Continue reading "Attorney Sam’s Take: Investigated/Arrested In Boston – How To Choose A Defense Lawyer" »