Boston Criminal Lawyer Blog

September is a-coming. It would appear that it will soon be time, once again in Massachusetts, for those school-time hijinks like bullying, assault and vandalism.

And police investigations.

Well, it looks like some people just can’t wait. No, not a high school or college campus crime this time. The event took place at Julia F. Callahan Elementary School in Lynn this past weekend. Vandals trashed the school, dumping paint, spraying fire extinguishers, shattering glass, overturning desks and copiers, and spewing classroom materials throughout the building, according to Deputy Superintendent Jaye Warry and Lieutenant William Sharp of the Lynn Police Department.

The police describe that the “school was entered and extensively vandalized,’’ Superintendent Warry, who has worked in the Lynn school system for 25 years, said this break in was “up there on the extent of damage.’’ She went on to say that the vandalism affected most of the two-story building and that the principal’s office was destroyed.

Continue reading "Attorney Sam Warns Students About Criminal Investigations After Lynn MA School Is Vandalized" »

A Canadian teenager accused of sexually assaulting a boarding room classmate during a 2007 class trip to Boston has pleaded guilty to one count of Massachusetts assault and battery. Armin Ruzbie, 19, was one of four 11th grade students accused of entering the hotel room of the male victim, then 16, at the Midtown Hotel on November 16, 2007.

According to prosecutors, Ruzbie pulled down the boy’s pants and touched him inappropriately while someone else, who is now a codefendant, held him down. Ruzbie then called the boy’s room afterward claiming the incident was a joke. Another student had recorded the incident on video. While the codefendant faces the same Boston assault charges, the other two students were not charged.

Ruzbie has expressed remorse over his actions and says that he has tried hard to become a better person. After entering his guilty plea, he was sentenced to four years probation. He must also undergo evaluation for possible bullying and sex offender treatment. He is not allowed to go near the victim and his family, who are suing him in a civil lawsuit in Canada.

Although Ruzbie did not enter a plea for the charge of Boston indecent assault and battery, he was sentenced to pretrial probation for the crime. This means that if he gets in trouble again, prosecutors could decide to try him for this crime, which comes with a maximum five years in state prison for a conviction.

If your son or daughter has been charged with a Massachusetts crime, it is important that you work with a Boston criminal defense law firm that will know how to fight to obtain the best outcome possible for the case. Conviction for a crime can impact the rest of your son or daughter’s life. You must have a team that can advocate on his/her behalf.

Teen enters guilty plea in assault on student, Boston.com, August 5, 2010

Bully laments role in ‘sick’ sexual assault, Boston Herald, August 5, 2010

Related Web Resources:
Crimes Against the Person, The General Laws of Massachusetts

The Massachusetts Court System

Continue reading "Teenager Pleads Guilty to Boston Assault of Classmate in Hotel Room" »

Homicide can occur during the most unlikely of events. As a Boston criminal defense attorney, not to mention a Brooklyn prosecutor, I have seen my fill of events in which people acted in ways that they admittedly should not have and were left with totally unexpected results.

Deadly results.

Here is a tragic example from this past weekend.

Hector G. of South Boston (hereinafter, the “Defendant”) was in Lansdowne Pub on Lansdowne Street near Fenway Park. At the same time, Mike D., 23 from New York (hereinafter, the “Deceased”) was up from the Big Apple and visiting with some old college friends.

According to investigating officers, the Defendant became angry with a member of the Deceased’s group because of a brief “run in”.

And so it was that the Defendant did something stupid. He threw a beer mug at the Deceased’s table.

Continue reading "South Boston Man Faces Homicide Charges After Throwing Beer Mug; Needs Experienced Lawyer" »

Hey, the weather this weekend is supposed to be really nice. Are you looking for a fun activity for a summer’s evening here in Boston? Well, might the Boston Criminal Lawyer Blog suggest an evening at the fights?

No, I am not referring to wrestling or boxing or even a movie like “The Boxer” or “Rocky XVI”. Given the popularity of reality television, it is more in that vein. Sort of like a cross between that and watching some domestic violence...without the domestic.

If you would like a sample, just tune in to YouTube, Boston.com, or any one of a variety of websites sporting a video of a recent performance in Boston’s own Chinatown.

In watching it, you will be joining with Boston’s Finest. Currently, Boston police are reviewing a video that is circulating on-line of a violent altercation in Chinatown. Interest aside, there is apparently no investigation being conducted into the melee.

The 2-minute, 33-second video shows a group of seven gentlemen who appear to be harassing drivers and assaulting cars as they pass on Tyler Street in Chinatown.

Well, everybody has to have a hobby...!

Continue reading "Attorney Sam’s Take: Excitement With Assault, Battery And Weapons On A Fine Boston Evening" »

Christina H., 23, of Acton (hereinafter, the “Defendant”), was arraigned yesterday, beside her attorney, in connection with the death of her 13-month-year-old son. She pleaded not guilty to charges that she beat him to death inside her Great Road home this past May..

She was held without bail.

Prosecutors say that the Defendant called 911 around 4:30 a.m. on May 12th, 2010, and reported that her son had fallen out of the crib and hit his head. The child was taken from the Defendant’s home and rushed to Emerson Hospital in Concord. It was there that the child was pronounced dead at 5:17 a.m.

The boy's death has since been under investigation by Acton and State police, prosecutors say. Police learned that the night before he was killed, the boy was home with his mother and two-year-old sister.

"He appeared to be happy, healthy and playful. That night he had fed himself cheerios and drank a bottle before going to sleep at 8 p.m.,'' law enforcement has indicated. However, an autopsy found the child suffered "multiple contusions, lacerations, internal bleeding and hemorrhages on the top of his head.''

Continue reading "Acton MA Mother Charged With Homicide After Investigation Into Child’s Death " »

The Boston Criminal Lawyer Blog has discussed the seemingly newly “in vogue” crime of striking police officers with motor vehicles. Usually, these collisions turn out to be accidental. Sometimes, under the law, they are seen as either deliberate acts or the results of drunk driving.

For some reason, this summer has seen it almost become an epidemic.

The latest such alleged driver hails from Franklin and is 25-year-old Ari C. (hereinafter, the “Defendant”). The incipient happened this past Tuesday in Franklin. Apparently, she had even been told by an on looking construction worker that she had struck the officer.

She is said to have apologized and driven off.

Of course, since Tuesday, more news about the Defendant has surfaced. According to the Boston Herald, she is an “accused hooker who violated her probation".

Continue reading "Franklin MA Ex-Prostitute Violates Probation By Striking Police Officer With Vehicle" »

In what her Boston criminal defense lawyer is calling the “second-most painful thing to ever happen to her,” Lakeisha Gadson is on trial for the Massachusetts involuntary manslaughter of her 8-year-old son. Liquarry Jefferson was accidentally shot by his cousin, now 10, in 2007 with a handgun owned by the victim’s half-brother, Jayquan McConnico, then 15. If convicted, Gadson faces a maximum 20-years behind bars. She also is charged with Massachusetts assault and battery on a child with substantial injury, reckless endangerment of a child, misleading police, and firearms violations.

Prosecutors are holding Gadson accountable for her younger son’s death because they say that she allowed McConnico to keep a loaded gun in a dresser that was easily accessible to children. Gadson maintains that she never gave McConnico permission to own a gun and that she didn’t know it was in their home. The teenager was also charged in his younger brother’s death and with the reckless and wanton storage of an unregistered pistol in an area that a child could reach. He pleaded guilty to the charges and will stay at a youth detention center until he turns 21.

On Wednesday, Jefferson’s cousin testified about the accidental Roxbury shooting. He said that his cousin showed him the gun, which they both thought was not loaded. The boy accidentally pulled the trigger, shooting Jefferson in the stomach. Jefferson was pronounced dead at Boston Medical Center.

Gadson, 33, has five children. She originally told police that gang members had forced their way into the apartment but later recanted her story and admitted that her nephew accidental shot her son.

Boston, Massachusetts involuntary manslaughter is a serious crime that involves the accidental killing of another person because of criminal or reckless negligence. A person charged with this crime is someone that prosecutors do not believe intentionally intended to kill the victim.

10-year-old testifies he killed his cousin by accident, Boston.com, August 3, 2010

Mom on trial in Liquarry’s death, Boston Herald, August 2, 2010

Related Web Resources:
Manslaughter, Cornell Law School

Murder v. Manslaughter, Nolo

Continue reading "Massachusetts Involuntary Manslaughter Trial of Lakeisha Gadson in Accidental Shooting of Her Son is Under Way" »

As a Boston-area criminal defense attorney, I often find myself, when meeting a prospective client, wanting to ask, “Why in the world didn’t you contact me earlier?” I usually don’t, of course. What is done is done and there are usually enough other urgent issues on the table to discuss.

Things like future liberty.

Let me save you the time of reading the remainder of this blog; the short answer to the title is “No”.

“Well, Sam”, you respond, “Can’t getting a lawyer involved in such a delicate time reflect badly on me or complicate matters?”

Maybe. If you have hired someone who does not have the experience to deal with the situation. But, then, that would be like not calling a doctor when you have a heart attack because there is the risk of medical malpractice out there.

Continue reading "I Am Being Investigated For A Crime In Boston – Too Soon To Call A Defense Lawyer?" »

Crime, itsel, is not particularly seasonal. It happens all the time in the Boston area. However, through my years as a Boston criminal defense attorney, I have noted that certain crimes seem to occur more often during certain seasons. Summer is a season where there is often a spike in certain crimes, for example.

The Rock star "Meatloaf" once began a hit song with the line, "On a hot summer night, would you offer your throat to the wolf with the red roses?" After various lines seemingly meant to understand the original question, the answer was "Yes".

The image of hot summer nights is often used to portray passonate and, often, violent, occurences.

This is not limited to music or fiction.

We often see what might otherwise be verbal arguments escalate into physical altercations. Maybe it is the heat that makes tempers more flammable. For example, on Saturday, I wrote about a woman who was shot by police after she allegedly assaulted them with a knife. This was, of course, after she had assaulted someone else at home with the knife. This ended tragically…the police shot and killed her.

This is also a story which may bear a closer look this week, by the way.

Continue reading "Summer crimes – Disorderly conduct, assault and battery, drunk driving…. a criminal attorney’s view." »

This blog has discussed many stories about family disputes which get out of hand. Some have resulted in assaults which cause great injury. Others have been known to result in death…whether intentional or accidental.

This one, though, seems to have taken domestic violence to an unusual level.

Authorities say that they went to investigate a 911 call from a gentleman who claimed that his girlfriend had lunged at him with a knife and had tried to set his clothes on fire.

The officers arrived at the Somerville home at about 6:30pm yesterday. This was apparently not the first such response; police indicate that they had responded to the same home at about 3 a.m. after a neighbor reported shouting

When they arrived, 33-year-old Carol K. attacked them with a knife.

Continue reading "A Boston Defense Attorney Reviews A Deadly Case Of Domestic Violence" »

Gee, it seems like only yesterday that this Boston criminal defense attorney was going against the grain and calling the indictment of six kids from South Hadley a senseless exercise of political grandstanding…or words to that effect. Don’t believe that I saw what everybody else was heralding as “heroic” as folly? Check out my postings since January as well as my comments on the equally “heroic” legislation on both the blog and Fox25!

Now, a couple of developments have some people reconsidering the events.

When 15-year-old Phoebe Prince committed suicide in January, six fellow South Hadley students were blamed for relentlessly bullying her. It was an easy fix for SuperDA Elizabeth Scheibel – indict them all and ruin their lives.

Whoops!

A new report shows there may have been factors other than bullying that led to the death of the South Hadley student.

Court documents, recently obtained by Emily Bazelon of the online magazine Slate, contain police interviews with Phoebe's mother, classmates, teachers and administrators that tell a different story; one that suggests the teen's troubles extended beyond the halls of South Hadley High.

Continue reading "Massachusetts Bullying Indictments And Legislation Controversy Are Revisited In New Reports" »

Ayanna Woodhouse is charged with Boston aggravated assault and battery and manslaughter in the death of a six-month-old fetus. The 25-year-old woman was indicted on Friday by a Suffolk County Grand Jury. They rendered their decision after hearing testimony from medical experts who said that under normal circumstances the baby could have lived outside the womb. At her arraignment on Monday, she pleaded not guilty to the criminal charges.

According to authorities, the Wellesley woman punched and kicked a pregnant woman during a brawl in April at Tulip Nail, a Boston nail salon. Following the incident, the fetus was delivered by emergency C-section but died. According to the medical examiner, the placenta became detached from the uterus. Woodhouse is related to the baby’s father.

Woodhouse’s Boston criminal defense lawyer says that it is unclear who began the fight. Per a Boston police report, after the two women left the salon the pregnant woman followed Woodhouse in her car and they reportedly continued their dispute. According to the Suffolk District Attorney’s Office, there was not enough evidence to establish that any intent to kill was involved. Massachusetts is one of the US states that will pursue homicides of unborn children who could have otherwise survive outside the womb.

A conviction for Massachusetts manslaughter can land a defendant in prison for up to 20 years. This is a serious criminal charge and in many cases the accused never intended to harm the victim.

Wellesley woman pleads not guilty to harming fetus, Boston.com, July 12, 2010

Woman indicted in death of fetus, Boston Herald, July 12, 2010

Related Web Resource:
Fetal Homicide State Laws, National Conference of State Legislature

Continue reading "Wellesley Woman Pleads Not Guilty to Boston Manslaughter and Aggravated Assault and Battery Charges in Fetus Death" »

Usually, the “Attorney Sam’s Take” postings take place on Fridays. However, this past week, I was finishing a jury trial and so could not post in a timely manner. I did not feel I could not simply shelve this subject, though, because we may have solved a problem plaguing the criminal justice system…in Boston and beyond.

As you have probably, heard, the ten alleged Russian agents recently rounded up in the Boston area and other parts of the Northeast, have pleaded guilty at the U.S. District Court for the Southern District of New York.

Most of the defendants admitted that they are Russian citizens and are agents working for the Russian Federation.

The sentence?

Well, a swap has been arranged. The Russian Federation will receive the spies in their custody and in turn will release four individuals claimed to be connected to American intelligence agencies, according to the United States Department of Justice.

In a Department of Justice press release, Attorney General Eric Holder said, “This was an extraordinary case, developed through years of work by investigators, intelligence lawyers, and prosecutors, and the agreement we reached today provides a successful resolution for the United States and its interests.”

Everybody is excited about this solution.

Continue reading "A Boston Criminal Defense Attorney Asks: Could Swapping Criminal Defendants Be The Solution?" »

Can a baseball bat be considered a dangerous weapon in the Commonwealth of Massachusetts? As a Boston attorney for longer than I am in the mood to admit, I have seen cases where a pen, a box and even a shoe is considered a dangerous weapon by the law. So, it should be no surprise that a baseball bat, ball or even a glove can be considered dangerous weapons.

It is a lesson learned the hard was for 18-year-old Buzzards Bay resident Daniel M. (hereinafter, the “Defendant”), if he did not know it beforehand. Currently, he is being held on $5,000 bail after he allegedly beat a family member with an aluminum baseball bat.

Yes, that would make this a case of domestic violence.

The Defendant was arraigned in Falmouth District Court Tuesday morning after being arrested for allegedly hitting the 43-year-old man (hereinafter, the “Unnamed Complainant”) in the head with the bat at around 12:15 a.m. yesterday outside a Buzzards Bay home.

According to law enforcement, the Defendant struck the Unnamed Complainant with the bat after the latter attempted to leave after the two had had an argument.

When the investigating authorities arrived, they found the Unnamed Complainant lying in the driveway, unconscious and bleeding from the head, Bourne police said. He was taken by MedFlight helicopter to Massachusetts General Hospital in Boston early yesterday morning, according to Bourne police.

Continue reading "Baseball Bat Assault In Massachusetts Results In Felony Arrest" »

Massachusetts had more than its fair share of crimes this past holiday weekend. There were shootings in the Boston area, one homicide and, as one would expect from such a weekend, plenty of vehicular crimes. Criminal Defense attorneys will be needed.

For example, one Massachusetts woman was arrested this weekend in Salem, N.H., after police said she stole purses and led them on a harrowing chase with her 12-year-old daughter in the car.

This would be Maria M., 36, of Lawrence (hereinafter, “Mother Defendant”). She is said to have targeted customers at the Christmas Tree Shops, Target, and Market Basket in the area. According to the authorities, she would reach for purses left in shopping carts while the women looked away and "larcenied" her financial cares away.

According to witnesses, Mother Defendant brought a “young girl”, presumably her daughter, along for the July 4th festivities, as she liberated items from said purses.

Once the police spotted the described car, along with the occupants matching the description, they tried to pull her over.

This did not go too smoothly.

Continue reading "Lawyers Needed For Massachusetts Vehicular Crimes During Holiday Weekend" »

As a Boston criminal defense attorney, I don’t seem to be able to read a news story and simply let it be. Particularly when it involves our criminal justice system and its participants.

After days of being unable to post the blog (again), I went looking for a story about which to write. At first, I thought I was thrown back to a few years ago when the clergy were in Justice’s sites, with now-adult-previous-child-complainants remembering sexual assaults of days gone by. This story, however, was a bit different.

The item involved the Reverend Emile B. (hereinafter, “Father Defendant”). He is a Walpole priest who was arrested by the State Police earlier this week on charges of indecent assault and battery.
The complainant, a 21-year-old-man, alleges that the assault occurred while he was an adult...in fact, this very week.

The accusation is that Father Defendant , co-pastor at the Church of the Blessed Sacrament in Walpole, followed the complainant into a wooded area behind the Route 138 Park and Ride lot in Canton at about 8:30 a.m. and touched him inappropriately, State Police said in a statement. The complainant claims that he then ran out of the woods and back into the lot to call the police. It was then that he allegedly observed Father Defendant get into his car. The complainant wrote down the license plate number and State Police tracked Father Defendant down at his home in Walpole, according to the statement.

Continue reading "A Boston Criminal Defense Attorney Returns To Examine A Walpole Priest Arrested For Sexual Assault " »

A judge has ordered 29-year-old man facing numerous charges for his involvement in a 20-mile police pursuit on the Massachusetts Pike to Bridgewater State Hospital for a psychiatric evaluation. Alejandro Serra has pleaded not guilty to over a dozen charges, including five counts of assault and battery with a dangerous weapon and operating with a suspended license.

Serra is accused of threatening and almost running down a man and his young grandson in Boston on Monday. The adult pedestrian had asked Serra to turn down the music that was blaring from his vehicle.

After Serra fled the scene, he was pursued by state police in a chase that continued onto the Massachusetts Pike until his vehicle crashed into three police cruisers in Framingham. Serra then tried to flee from the authorities on foot. At least 10 troopers were involved in efforts to apprehend him. Video footage shows one state trooper punching him.

A forensic psychologist for the court who evaluated Serra to see if he was competent to face charges says that the suspect is delusional, out of touch with reality, and may be a danger to society. At the end of his arraignment, Serra announced to the court that he was Pope Alexander.

Prosecutors say that he has had history of mental health problems and has been committed to psychiatric hospitals in the past. The state committed him to one in 2008.

Serra is being held on $5,000 cash bail for the altercation on Monday and another $5,000 for failing to obey a warrant that required that he show up at the Mental Health Division on June 23. Serra’s Massachusetts criminal defense lawyer says that his client clearly needs help.

Man charged after leading staties on wild Pike chase, Boston Herald, June 29, 2010

Driver In Mass Pike Chase: 'I Am Pope Alexander!', WBZTV, June 29, 2010

Related Web Resources:
Mass Law About Traffic Violations
MassDot Highway Division

Continue reading "Psychiatrist Says Driver Charged in Massachusetts Pike Car Chase is Delusional" »

Bryan Harris, a South End resident, was arrested by police on Friday. The 26-year-old Boston man was charged with Massachusetts unarmed robbery, parental kidnapping, larceny over $250, assault and battery, and a dangerous weapon unlawfully carried. His arraignment is scheduled for Monday.

According to Boston police, a woman contacted police on Friday afternoon to report that Harris, her live-in boyfriend, had kidnapped their 1-year-old girl. She claims that she and Harris had gotten into a verbal dispute and when she asked him to leave he allegedly punched her face and shoved her into a closet.

The woman says that Harris then packed his clothes, stole her cell phone and debit card, and told her he was leaving the state with their daughter.

The authorities sent out an alert. Police later apprehended Harris on a Fung Wah bus on the Massachusetts Turnpike. The bus was going to New York. His daughter, Estrada, was with him. Harris surrendered to the cops.

Massachusetts Parental Kidnapping
Under state law, the kidnapping of a minor or incompetent by a relative is considered a crime that is punishable by a one-year maximum prison sentence and/or a $1,000 fine. If the child is endangered in the process or taken outside the commonwealth, a maximum 5-year prison sentence and/or a $5,000 fine is possible.

Man is arrested after allegedly fleeing with baby girl, The Boston Globe, June 25, 2010

Related Web Resource:
Parental Kidnapping Statutes, NDAA (PDF)

The General Laws of Massachusetts

Continue reading "Boston Dad Charged with Massachusetts Assault and Battery, Unarmed Robbery, Parental Kidnapping, and Larceny" »

Sometimes, you find a case that seems to reveal a new low in criminal acts. As a Boston criminal defense attorney for many years, I have seen more than my fill.

Allegedly, that is.

A Brighton man was arrested Monday night for allegedly robbing a 67-year-old woman who uses a wheelchair for mobility purposes, according to police officials.

Jerdon B, 48, (hereinafter, the “Defendant”) is said gentleman. At about 11:40p.m., officers responded to the Mission Hill neighborhood to investigate the event.
.
The Defendant was charged with unarmed robbery for allegedly robbing the complainant while she was waiting for the Green Line trolley, police said. The suspect then allegedly pushed her onto the tracks on Huntington Avenue.

His reward? Ten bucks.

Continue reading "Boston-Area Man Is Charged With Robbing And Assaulting Elderly Woman In Wheelchair " »

Yesterday, we began discussing the topic of bullying again. As if the topic were not enough, I was inspired by the Sunday Boston Globe front page article on the subject this past week. As a criminal defense attorney of some years, it is a subject that deeply troubles me. If you are a regular reader to this blog, you know that I am troubled by not only the bullies…but the response to and perpetuation of the bullying itself.

The Boston Globe article focused on a young lady from a suburb west of Boston. She shared the back-story of the bullying. It is not an unusual story. The rather brave high schooler, willing to give all details as well as have her name printed (which, due to her age, both the Globe and I have decided not to reveal), revealed the rather typical story.

Lexi had a friend before she began her new school. They had been friends since grade school. Like most friends, they had shared sleepovers, secrets, and favorite movies. Then, last summer, the friendship ended. Lexi decided that her friend was a negative influence. What happened at the start of the new school year, her former friend confirmed that belief. The first shot over Lexi’s bow was the posting of silly pictures she had taken with said former friend. They were posted on Face Book and viewed by everyone.

It would appear that the saying “Hell hath no fury like a woman scorned” goes for platonic friendships as well. As described more yesterday, this began the deluge of bullying that Lexi was to endure throughout the school year.

Continue reading "Assaults, Threats And Bullying In Boston Schools – Will The Law Help? (Part Two)" »