Beck, a David Starr Jordan Middle School teacher, says she and 14-year-old student were sexually involved with each other from March to September 2009. He was 15 when their alleged relationship concluded. The boy has confirmed that the sexual relationship happened.
The school teacher says that she decided to come forward because she had been feeling remorseful about what transpired. Beck is married and has children.
Her arraignment has been postponed until March 25. If convicted, Beck faces a maximum seven years in state prison.
Massachusetts Sexual Crimes Defense
There are some sexual relationships that are not as clear cut as the law would like them to be. This is why it is so important that you have an experienced Boston sexual crimes lawyer who knows how to provide you with the best defense. Even if you are not guilty of the crime that you are accused of committing, your reputation, career, and personal life may be damaged by the mere allegation of a sexual offense.
Your Massachusetts criminal defense law firm can conduct a thorough investigation of the case against you and help secure the best outcome possible for your case. A conviction for a Boston sexual crime can lead to years in prison, monetary fines, required rehabilitation, registration as a sex offender in Massachusetts, and the loss of a number of legal rights.
Guilt-Ridden Teacher Confesses to Sex With Middle School Student, ABC News, Mach 10, 2010
Calif. Teacher Turns Herself in After Alleged 6-Month Relationship With Student, Fox News, March 12, 2010
Related Web Resource:
The General Laws of Massachusetts
What can one do? Well, today I can take the small step of delivering a blog about the RMV!
Well, sort of.
I direct your attention to Framingham, where sits a Middlesex grand jury which has returned indictments recently against Mr. Ahmed S., 30, (hereinafter, the “Defendant”). He had been arrested a month earlier due to an investigation which apparently revealed that he was falsifying drivers' licenses, the AG's office said.
The next stop for the Defendant will be the felony arraignments in superior court.
Well, I must confess I could make some connection between the Defendant’s Registry-related problems and my own. Gotta be honest, though, despite most peoples’ opinion of my chosen profession. There are no such connections…just a semi-opportunity to vent.
“Speaking of professions, Sam, you picked a good one to vent about. After all, you are not the first to return from Planet Registry with tales of attitude and inefficiency.”
Yes, but, alas, that is not what this blog is really about. Perhaps I will concentrate on the adventures of Samuel Goldberg in another blog some time. Today, though, the focus is on you, not me.
I lost a couple of hours of my time at the RMV; you could lose years if you make mistakes similar to that of the Defendant.
Of course, I do not know whether the Defendant is factually guilty or innocent…or somewhere in between. I do know, though, that, at this point (actually sooner) he had better have experienced counsel. As usual, this refers to my usual advice…at the first odor of a criminal investigation – get a lawyer fast.
The chances are that the Defendant, if factually guilty, never expected to get caught…somehow. If innocent, he probably never dreamed that he would be facing such allegations. Maybe it was a mistake. Maybe it was a vendetta. Maybe the butler did it.
Either way…get an experienced criminal defense lawyer for advice and representation.
As always, if you are facing such a scenario and wish to discuss it with me, please feel free to contact me at 617-492-3000.
To find the original story upon which this story is based, please go to http://www.mass.gov/qrmv/worceste.shtm
NOTE TO READERS: Ok, I know that today’s blog is a bit light hearted. Just wait until tomorrow’s posting. Absolutely nothing funny about that one.
NOTE TO RMV: Since I have to return today with more paperwork, I feel obliged to tell you that this was all in fun, no hard feelings, I love you all and, please, keep doing the wonderful and thankless job you do each and every moment!
]]>It was the summer of 1976. Sam A. (hereinafter, “Witness”) recalls he was strolling down the Boston streets when he ran into his friend, the Target. The Target was with a 14-year-old lad that we will call “Youth”.
“Gee”, thought Witness. “It sure is odd to find [Target] with a 14-year-old…” and then the thought of said oddity dissolved inside Witness’ head.
Thirty years went by. Witness and the Target became closer and closer, sharing a passion for sports. Over the years, the Target built up quite a reputation as a standout coach for the powerhouse basketball team at Christ the King Regional High School in Queens, New York.
Well, it looks like the friendship has seen better days. You see, Witness is now cooperating with Boston prosecutors presenting evidence to a Suffolk grand jury that the Target repeatedly molested Youth all those years ago, while staying at the Sheraton Boston Hotel.
However, it has hit the New York press that Youth, now 48 years of age, has reported that the Target sexually abused him over a period of several years during the 1970’s.
One little problem, though. During the alleged abuse, Youth and the Target lived in New York. The New York statute of limitations - the period after a crime during which prosecutors may file charges - expired long ago.
What’s a prosecutor to do?
Why, see if there are any other jurisdictions through which one can circumvent the legislature’s sense of justice in creating such limitations of course!
Enter: Witness and Suffolk County, Boston, Mass!
You see, the Massachusetts time limits toll (stop) when the accused is out of state. Since the Target lived in New York, the clock stopped ticking almost immediately after any such sexual abuse took place. Hey! Remember that night in 1976 and Witness’ “odd” meeting with the Target?
And so it is that Boston prosecutors can present any allegations stemming from the Target’s little visit to the Commonwealth over thirty years ago.
Of course, although all this is hitting the news in at least New York and Massachusetts…no official recognition of the grand jury presentment is being made. The Commonwealth remains quiet. Even Youth, now living in Florida, will not comment.
Somehow, though, the word seems to be out.
It seems to be out enough to fhave forced the Target to resign from the job he had held at Christ the King for 27 years, roiling the New York City high school sports community.
Well, maybe the additional free time will be handy as he tries to pull together a defense to try to disprove allegations about what he did over thirty years ago.
“ ‘Try to disprove’? But isn’t he presumed innocent and so has no obligation to prove anything?”
Yeah, that’s what the law books say. On the other hand, the man has not even been charged yet and already the ramifications have started.
I cannot really fault anyone involved here with being tight-lipped. Grand Jury investigations are supposed to remain secret. On the other hand…somebody seems to be speaking to somebody about it…so I guess the reasons for such secrecy are not always respected.
Sort of like the reasons, often spoken of in terms of “fairness”, for statutes of limitations.
And so…what does this have to do with you?
You can never simply ignore a threat of prosecution…whether you are factually guilty or factually innocent. There are many technicalities through which cases can be brought that you have never even heard of. It can come from another state. It can come from the distant past.
The bottom line? As soon as you hear even the suggestion of such a prosecution, you must take it seriously. That usually means retaining experienced counsel to guide you through the process and, if necessary, represent you.
As always, if you are facing such a scenario and wish to discuss it with me, please feel free to contact me at 617-492-3000.
To find the original story upon which this story is based, please go to http://mobile.boston.com/art/30/news/local/massachusetts/articles/2010/03/07/boston_grand_jury_hears_claims_ny_coach_abused_teen_in_70s/
]]>The football player and the alleged victim had been socializing with the same groups of people that evening. The woman, age 20, was treated at a hospital and then later released. She filed her complaint later that night.
No criminal charges have been filed against Roethlisberger, and investigators are looking into the allegations. Deputy Police Chief Richard Malone noted that the football player is not an official suspect in the case at this time, and witnesses are being interviewed. Roethlisberger’s agent has expressed skepticism that these latest allegation against the football player are true.
The Steelers quarterback is the defendant of a personal injury lawsuit accusing him of sexually assaulting another woman. The accuser, Harrah’s hotel employee Andrea McNulty, never filed a police report over the alleged incident and no criminal investigation ever took place. McNulty claims that the NFL player raped her after summoning her to his room to repair a TV.
Boston Sexual Assault Crimes
Sexual crimes are serious offenses that can lead to harsh punishments for those that are convicted of:
• Rape
• Statutory rape
• Sexual assault
• Child Pornography
• Prostitution
• Indecent Assault & Battery
• Cyber Sex Crimes
• Sex crimes involving children (ages 14 and under)
• Pornography
• Lewd Conduct
NFL star Roethlisberger accused of sexual assault, CNN, March 5, 2010
Andrea McNulty Accuses Ben Roethlisberger Of Sexual Assault, Huffington Post, July 21, 2009
Related Web Resources:
Ben Roethlisberger, NFL.com
And now…another statistic. one more white collar conviction.
Richard W., 42 (hereinafter, the “Defendant”) apparently worked as a practice assistant in the ear, nose and throat department of the Beth Israel Deaconess Medical Center. From January 2006 through April 2009, he is said to have stolen more than $1 million by stealing checks written to the department and by seeking fraudulent refunds for hearing aids and other items.
This is called the white collar crime of embezzlement.
On the 3rd, the Defendant pleaded guilty before the Honorable United States District Court Judge Joseph L. Tauro to one count of health care theft and embezzlement, the US attorney's office said in a statement.
If you think about it, it makes sense. Why would the justice system simply shrug off the fact of the theft if it could all go away if the money is paid back? Kinda would make it worth the risk, wouldn’t it?
Well, I will leave that question to some psychology blog. This one has to do with criminal law.
Federal prosecutors and judges do not fool around. First of all, their investigators include federal investigators like the FBI, DEA and IRS. Second, the rules of criminal procedure are not quite as generous to the defense as in the state counterpart.
Third of all, sentencing is an adventure in and of itself. There are very complicated federal sentencing guidelines which the judges generally follow. The sentences take many things into account, including previous criminal history and even allegations for which you were never convicted.
Bottom line? Two main points.
1. Do not assume that stealing on the “down low” from your company is considered a nonviolent crime and so not a big deal. It is a very big deal. People are still suffering after the Madoff nightmare;and
2. Just because you have convinced yourself a criminal genius because of whatever scheme you thought up…do not assume that you will never get caught. When investigators come a-calling, do not figure you are also smarter than them and give them a song and dance that will come back to bite you in court.
Rather than jumping to the conclusion that you, a first time criminal mastermind were born with instinct and brilliance that put to shame federal investigators. Similarly, even if you believe you are innocent of what the investigation is about, do not assume that you are absolutely home free.
Get an experienced criminal defense attorney to advise and, if necessary, represent you. Going it alone is foolish and usually just gets you membership to the “Hey, I Bet I Can Make This Situation Worse “ club.
Club meetings are generally held via telepathy between various federal and state prisons.
It you wish to discuss such a matter with me, please feel free to contact me at 617-492-3000.
In the meantime, have a great, safe and law-abiding weekend!
To find the original story upon which this story is based, please go http://www.boston.com/news/local/breaking_news/2010/03/former_beth_isr.html
]]>I meant outside as well as inside.
Nevertheless, one day after I posted the blog, a Rhode Island woman allegedly threw her coffee onto a meter maid who was ticketing her car in Brookline.
Krystle C., 23, of Rhode Island (hereinafter, the “Defendant”) has been arraigned in Brookline District Court on charges of assault and battery with a dangerous weapon and assault and battery on a public employee. She was released on personal recognizance (no bail) and a further hearing was scheduled for April 5th.
Yes, the dangerous weapon was the coffee.
The Defendant allegedly expressed her opinion about the computer (and legal) system by throwing a cup of hot coffee onto her, covering "her waist area and pants," the report said.
The ticket had been for $25.00.
The Defendant had no comment to media on Wednesday as she entered her not guilty plea. At times, she used a hairnet to cover her face. A friend who accompanied her, perhaps embarrassed for some reason, hid behind a giant mask.
Prior to this week's incident, police say the Defendant had seven unpaid parking tickets.
Believe me, I know how annoying parking tickets can be…especially when they accumulate.
I still maintain, though, that it is better to accept them than add criminal charges to the whole scene which will only add more expense and aggravation to the situation.
By the way, the meter maid is correct. Once they start filling out the information, they are generally not allowed to change their minds. You can fight it out in an appeal, of course.
When I say “fight it out”, I mean by explaining your case to a fact-finder…not throwing hot coffee at someone in the hallowed walls of justice.
I wonder if such confusion is why they do not allow people to bring food or beverages into courthouses…?
But I digress.
Assault and battery with a dangerous weapon is a felony. While we may look at this case and simply shrug that the Defendant lost her cool, there is a legitimate interest on the part of law enforcement not to be on the receiving end of thrown beverages.
Meter maids are, after all, just doing their job.
Maybe I am “soft on meter maids” because their profession is about as beloved as my own.
In any event, whether looking to contest a parking ticket, traffic violation or criminal accusation, the best way to go is to handle it in court. Particularly with something more serious than the parking ticket, get qualified counsel.
As always, if you are facing such a scenario and wish to discuss it with me, please feel free to contact me at 617-492-3000.
To find the original stories upon which this story is based, please go to http://mobile.boston.com/art/30/yourtown/news/brookline/2010/03/ri_woman_charged_with_tossing and http://www1.whdh.com/news/articles/local/BO136932/
There is always time, though, to remind you that, even in the times of hottest temper, it pays to keep your cool. Here is an interesting little tidbit that caught my eye this past weekend.
Andre N., 21 of Westfield (hereinafter, the “Defendant”) is unlikely to be on time for work today. He had some trouble early Saturday morning. According to the authorities, the problem occurred at the ironically named “Fifth Alarm” strip club in Springfield. It would appear that he got alittle carried away, perhaps with the ambiance of his night out.
According to the police, the officers were working a detail at the club when a bouncer attempted to remove an unruly customer.
Yes, that would be our Defendant.
Fortunately, peace was restored and the bouncer, two police officers on detail plus additional police units were finally able to subdue the Defendant. He was charged with disorderly conduct, two counts of assault and battery on a police officer, resisting arrest and assault and battery on the club’s bouncer, police said
No reports of substantial injuries on the part of the officers or bouncer.
“So, what’s the point, Sam? That you do not believe that it took alittle short of the United States military to subdue the one Defendant?”
I did not say that.
“So…given your past blogs…that all this would never have happened if prostitution were legal and we had a healthier attitude towards sex?”
Good points…but I did not say that either.
No….the point of today’s posting is simply to remind you that even in situations or atmospheres which raise one's…temperature…one has to remain cool because the rest of the world still exists.
I do not know how the Defendant was “unruly”. I know it can happen in a strip club, which is one reason why there are bouncers and police officers posted there in the first place. I also have been observing and experiencing human nature for more years than I care to admit right here. However, the fact is, one bad moment of losing control wins you the Commonwealth bracelets of shame.
It can happen to most people, though. If it happens to you or a loved one, I would suggest you get an experienced criminal defense attorney to help. At worst it is better than trying to fight your way out of it.
.
In the meantime, of course, if you wish to discuss such a matter with me, please feel free to contact me at 617-492-3000.
To find the original stories upon which this story is based, please go to http://www.masslive.com/news/index.ssf/2010/02/springfield_police_arrest_west.html
]]>Bishop, a 45-year-old University of Alabama Biology professor, is now charged with the fatal shooting deaths of three university staff members on February 12. Following this month’s incident, Norfolk District Attorney William R. Keating initiated the inquest.
In 1986, Bishop, then 21, fatally shot her brother Seth, 18, with a 12-guage shotgun. Afterwards, she was accused of pointing a shotgun at two people at a car dealership where she demanded a car. Bishop was not charged with any crimes even though Keating says that Bishop could have been charged with carrying a dangerous weapon, assault with a dangerous weapon, and unlawful possession of ammunition.
US Representative William Delahunt, who was Norfolk district attorney at the time, says that the case was handled appropriately based on the information that was available. Now, investigators claim they have evidence that suggests Bishop may have shot her brother on purpose.
Bishop’s parents had initially refused to talk to Keating’s investigators. Her mom Judy was the only witness to the 1986 shooting. Dad Samuel was a material witness.
Bishop’s Massachusetts criminal defense lawyer says he is planning an insanity defense. He says that his client has serious mental problems and doesn’t even remember the fatal Alabama campus shooting.
Lawyer plans an insanity defense for teary Amy Bishop, Boston Herald, February 21, 2010
Delahunt defends actions in 1986 Bishop killing, Boston.com, February 22, 2010
Attorney: Bishop's parents to cooperate, have 'nothing to hide', Philly.com, February 28, 2010
Related Web Resources:
Amy Bishop Case Timeline, Boston.com
The arena is one in which only one-half of its nesting area is visible to the general population. The nesting area is known as “The Administration”. The arenas are educational institutions littered throughout the Commonwealth. Academic in nature, they often do not consider certain real-life considerations. This makes them especially susceptible to public opinion.
And public opinion is almost always in favor of an easy answer to crush the problem of crime.
“Ok. Now what on Earth is he writing about today?”, you ask. “Predatory birds? Nests susceptible to public opinion? Has Sam Goldberg finally lost his grip?”
The Justice Department has released data that purportedly reports that sexual assaults on college campuses rarely lead to serious sanctions. The data is released by the Justice Department. It is based upon a grant program involving ten New England universities and colleges as part of a campus grant program overseen by the prosecutorial agency’s Office of Violence Against Women.
According to the report, the grant recipients, including Salem State College, the Massachusetts Institute of Technology, Northeastern, Tufts, and UMass Amherst, report that between 2003 and 2008, 240 alleged assaults occurred. The report further indicates that only 4 of these incidents led to expulsions.
Schools that do not hold perpetrators accountable anger advocates. “It’s a rape; it’s a forcible contact without someone’s consent,’’ said Colby Bruno, an attorney with the Victim Rights Law Center in Boston.
Yes, that is what rape is.
“It’s punishable by up to 20 years in prison, so why is it acceptable on college campuses?’’
Did I miss the memo? Has rape now become an acceptable practice on college campuses?
Surely not...I would hope. Just as I would hope that mere allegations, without further investigation and exercising of Constitutional rights would be enough grounds to ruin a student’s life and expel him or her.
We do still remember the meaning of the term “alleged”, right? Could it be that there is more to this story than the clarion call, “Softoncrime! Stringimup! Softoncrime!”?
Well, some of the Universities seem to think so. For example, Tufts spokeswoman Kim Thurler said the federal statistics do not reflect Tufts’ efforts to combat sex crimes on campus. Thurler said most Tufts students who report sexual assault do not want to pursue discipline, but she declined to provide specific numbers.
She also said sanctions Tufts has taken are not reflected in the Justice Department statistics, such as campus stay-away orders, even though other schools included them in their progress reports.
.
“Tufts is committed to creating and maintaining an environment in which all members of our community feel safe and respected,’’ reads a statement from the university.
All the members? Even the accused-yet-never-tried? Now, there’s a thought.
MIT officials said 10 of the 19 women who reported a sexual assault chose not to pursue campus discipline, the data indicate. An additional four reports were dropped for lack of evidence, the data show.
“We know, in general, it’s incredibly difficult to get victims to come forward, let alone encourage them to pursue charges against their perpetrators on campus or go public and relive the event.’’
Other school officials said that, despite their best intentions, the problem of campus sexual assault is extremely complex. There are generally no witnesses or physical evidence to prove a victim’s allegation, they said.
Measuring the number of sexual assaults that occur on campuses is a singularly challenging task, said James Alan Fox, criminal justice professor at Northeastern University.
“Crime is difficult to measure anyway, but rape is the most difficult,’’ Fox said. “On campus, a large share of the crimes are not stranger rape; they are date rape. I don’t think we’ll ever get a precise statistic. I don’t think colleges know, and I don’t think they’ll ever know. We’ll have an estimate which will be an undercount.’’
Hmmm...and then there is the problem, believe it or not, of complainants that are not exactly truthful and would simply prefer to drop the whole thing when the allegations hit the light of day.
Hey, I have an idea! Why don’t we set up a system which, unlike academic institutions, is designed to investigate and try the accused to determine guilt or innocence. That way, if the accused are actually found guilty, the schools can take the appropriate actions...should the guilty defendants not be incarcerated. That way, the schools can do what they are designed for (not investigating and trying rape cases, but teaching), and this other mystery system can do what it is designed for!
What’s that you say? We already have one?
Oh yeah.Well, maybe we can go with that one then.
Sarcasm aside, what happens at school, when it comes to crime, should not stay in school. The schools are not designed to be mini-criminal justice systems sans the need for Constitutional rights. In fact, in the various cases that I have handled in which the academic institutions try to play police, judge and jury, they do not tend to do a very good job.
That is, unless you consider wrecking student lives on very little to no evidence “a very good job”.
The issues the schools and the federal prosecuting agencies complain about such as lack of witnesses and reluctant complainants are issues that prosecutors and police officers deal with daily. They are trained for it. How about letting them deal with the prosecution?
Now back to reality. Despite my tirades, the majority of those in power do not agree with me. And, no, rape/assault is not a permitted activity on campus.
If you are accused of such a crime at school, do not depend on a reluctant complainant or alleged “softoncrime” school officials. Do something real to protect yourself. Get experienced counsel immediately!
Should you find yourself or someone you care about to be facing charges and wish to discuss the matter with me, please feel free to call me at (617)492-3000.
For the full article upon which today’s blog is based, go to http://www.boston.com/news/local/massachusetts/articles/2010/02/25/no_crackdown_on_assaults_at_colleges/?page=full
]]>It seems to also be a story of a suspect's alleged consistency.
It was this past Monday. It began when a 34-year-old woman parked her Acura SUV at the Dock Square garage in the North End. Suddenly, out of nowhere, a burly man appeared at her door, speaking calmly and matter-of-factly.
“I need your car, I need your keys,’’ he said.
When she saw the gun in her hand, she knew it was not simply an unlucky gentleman who simply needed an emergency ride to, say, deliver a baby.
He simply wanted to deliver the car...to himself
]]> The woman threw her keys away from him and tried to run away. Nearby, there were two other women who saw the exchange. They drove over, got the first woman in their car and drove away. Coming to the cashier, they pleaded for the gate to be opened immediately.“The guy has a gun. Hurry, hurry, he’s going to shoot us.’’ They yelled.
As if on cue, the man came barreling out of the parking garage exit, driving over a cone and the gate. He then sped off…until he hit a taxicab and crashed into a tree on Commercial Street.
He was thereafter arrested.
All in all…not a very successful venture.
For him.
The women who came to the rescue are now being hailed as heroes. Suffolk District Attorney Daniel F. Conley described them as good Samaritans in a situation that could have turned tragic.
Even the passenger in the smashed-into taxi cab was happy with the result. “It’s one of those things, you don’t realize you had a close call until all the facts came to light,’’ he said. He described how he watched the suspect flee and sent police in his direction, only to realize later that he had a gun and had just committed the carjacking. “It was like there were so many different elements to the crime itself.’’
52-year-old Michael F. of Malden (hereinafter, the “Defendant”) was arrested without further incident He was arrested, gun and all at the boardwalk under the North Washington Bridge. Tuesday, he was arraigned in court on charges including carjacking, carrying a firearm without a license, possession of ammunition without a license, carrying a loaded firearm, and causing property damage in the car accidents.
The Defendant was ordered held on $100,000 cash bail. Based on a prosecutor’s request, his bail was revoked for possible violation of probation in Orange District Court for a separate charge of driving under the influence of alcohol. It was also revoked for another pending case, this one involving an alleged assault and battery in Quincy, in which he is accused of pushing the son of his girlfriend to the ground, choking him, and yelling that he “was from Dorchester, and would kill him,’’ according to police records.
Well, there's something to be said for community pride, I suppose.
The Defendant’s attorney explained at the Boston Municipal Court that the Defendant is suffering from a number of personal issues: he has been homeless after recent marital strife, and was laid off from his job at an iron works company in Somerville.
Well, it would appear that he won’t be homeless again for awhile.
This is another example of a situation which could have easily become real tragedy. Like our story from Tuesday, serious assault or homicide charges could have easily come about between the gun and the speed-racing Defendant.
It is worth pointing out that, while we applaud the first woman’s bravery in resisting the Defendant, it is usually inadvisable to act against a gun that is pointed at you. The safer course is to comply and get away from the car and, allegedly, the Defendant.
It is, though, nice seeing such bravery in these cases, not to mention the heroism of the other women who came to her rescue.
The Defendant, of course, has ensured himself Commonwealth housing for quite a long time.
We do not know the extent of his prior record, but we do know that he now faces two warrants for violating probation. We also know that he now faces various charges with some rather strong evidence.
As is often the case in these stories, there is also evidence of “consciousness of guilt” evidence due to the rather steve mcqueen esque attempt at escaping…smashed cab, happy passenger and all.
One may think that all is lost as the Defendant now begins to count the various charges and accompanying years of incarceration ahead, that it is all over for him.
Not necessarily so.
As is the usually the case, there are other sides to the stories. With these other stories come potential defenses and/o mitigating circumstances. But you will need an experienced criminal defense attorney to realize and take advantage of them.
If you wish to discuss a case with me, please feel free to contact me at 617-492-3000.
To read the original story upon which today’s blog was based, please visit the website http://www.boston.com/news/local/massachusetts/articles/2010/02/24/group_effort_foils_north_end_carjacking/
]]>It is actually worse.
The Defendant had been wanted by Massachusetts law enforcement in the alleged kidnapping Thursday of her half-sister’s one-year-old daughter. She has been apprehended in Altona, Pennsilvania and immediately arrested by investigating officers. The Defendant had been staying at a women’s shelter where she is said to have been using an alias and a stolen I.D.
Lest you think she is inconsistent, though, she was also allegedly driving a stolen vehicle .
The one that was apparently used in the abduction.
Maybe the former boyfriend (I’m betting the word “former” still applies) did not like “their” baby.
While one might look at the Defendant’s predicament, one might think that she is in really big trouble when the Commonwealth gets her back here. After all, kidnapping is a rather serious felony.
One would be right...but the trouble is even worse.
She is also looking at charges from Pennsylvania, and investigation by the Department of Children and Families (formerly, “Department of Social Services”) and the good old USA.
In PA, she can be charged with the possession of the stolen vehicle and theft of ID (use of which was a white collar crime). Kidnapping, particularly when it concerns crossing state lines, becomes a federal offense, and so is punishable by federal prosecutors. Of course, the actual taking of the child is said to have taken place in Massachusetts, so the kidnapping and larceny of the car and assorted items can be prosecuted in state court.
“But, Sam....they can’t all do it, right? I mean, that is double jeopardy!”
Well, it would not be double jeopardy. Under the law, “jeopardy "does not attach until, in the time of trial. The time waiting for that trial does not really count. Further, the basic premise of the question is also not correct.
First of all, a DCF investigation would most likely be targeted at the mother for leaving her daughter alone with her sister who she has claimed has...issues. This is not a swipe by me...to me, it is blaming the victim. However, such a consideration, in my experience, does not tend to stop DCF from adding its little horror into an already pending nightmare.
All the entities can prosecute for the laws that are broken in their jurisdiction. Now, it is unlikely that both Massachusetts federal and state court will prosecute for the same kidnapping, but they could. After all, there are also additional elements that make the United States District Court a place where charges can be brought.
Are they likely to go that far? Probably not. It seems to be a family issue and it ended up ok. However, there have been more than one such kidnappings of the sort in the past few years, so this case could become a political target of which all entities want a piece.
We will have to wait and see.
In the meantime, you can see how complicated it can be. So, the advice is the same as always. If you or your loved ones are facing such a nightmare, you want to get a criminal defense attorney with experience on board as soon as possible to help guide you.
In the meantime, of course, if you wish to discuss such a matter with me, please feel free to contact me at 617-492-3000.
To find the original stories upon which this story is based, please go to http://www.myfoxboston.com/dpp/news/local/woman-wanted-in-massachusetts-baby-kidnapping-found and http://www.tauntongazette.com/topstories/x692841144/Woman-sought-for-Swansea-kidnapping-held-in-Pennsylvania
The fatal incident happened at the former NBA star’s home in Pennsylvania. According to prosecutors, Williams was reckless in the handling of a 12-gauge shotgun that then went off. He and two others were accused of trying to cover up what happened so it would look as if the limo driver shot himself.
In 2004, a jury convicted Williams of four charges of trying to conceal the fatal incident. They acquitted him on the criminal charges of evidence tampering, hindering apprehension or prosecution, witness tampering, and fabricating evidence. However, they could not agree on whether to convict him for reckless manslaughter.
During the criminal trial, the former NBA star admitted that he did not see whether the gun, which was part of his collection, was loaded, whether the safety catch was activated, or what direction the weapon was pointing toward. A mistrial was declared and rather than go through another trial over the reckless manslaughter charge, Williams pleaded guilty to aggravated assault. He has to serve 18-months in prison, concurrent with the 5-year sentence.
In 2003, Williams settled the wrongful death lawsuit filed by Christofi’s family for $2.75 million.
Former NBA star Jayson Williams gets five-year sentence in shooting, CNN, February 23, 2010
Williams Gets 5-Year Prison Sentence, Reuters, February 23, 2010
Related Web Resources:
Violent Crimes, Justia
Jayson Williams, New York Times
]]> If you have been charged with a crime in Massachusetts, an experienced Boston criminal defense law firm can fight for you. You have the right to the best defense. ]]>It just goes to show that with all the mkhigh profile cases like those of a certain never-to-be-tenured professor's alleged homicides, the Kerrigan family woes and assorted homicides we have been discussing lately, poor judgment is also demonstrated in the actual streets of the Commonwealth ...just like always.
Today’s tale hails from Framingham.
It was Saturday night when Herman H., 23 of Framingham (hereinafter, the “Defendant”) was found hiding under a car in a garage and arrested.
You see, according to law enforcement, the Defendant had been witnessed going the wrong way on a local one-way-street. So, the police, doing what they do, followed him until he finally stopped.
Next, the police approached the Defendant’s vehicle. Again, it is what they do.
But, the Defendant then allegedly did what one is absolutely not supposed to do. He drove off.
He finally stopped. Good move.
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]]> Then, he left the automobile and took off on foot. Bad move.According to the police, a 30-45 minute search and related foot chase ensured until the Defendant was found in the garage, under a car.
The Defendant had been driving without a license, apparently. Now, as a result of the evening’s theatrics, he stands charged with operating after suspension; failure to stop for police; speeding; driving an unregistered and uninsured vehicle; attaching plates; stop sign violation; red light violation; and two one-way violations.
I wonder if it was worth it.
I am going to guess…not so much.
We have not discussed this type of case for awhile. However, as in days of old, the Defendant may now consider himself nominated for inclusion into the “Hey, I’ll Bet I Can Make This Situation Worse” Club. I mean…when he gets out of custody.
You see, it is not very wise to drive when you do not have a valid driver’s license. It is illegal and, yes, it is a criminal charge that is rather easy for the Commonwealth to prove.
That being said…
Being stopped for not having a license…or even drunk driving for that matter…is better than getting arrested for a host of felonies and misdemeanors resulting from a police chase. First of all, one usually loses police chases…unless one is actually the police.
Second, the sky is the limit when it comes to the extent of civil and criminal liability in such cases. Whatever happens is on you.
Let’s be clear about that. Let’s say you smash into a parked car during the chase.
You will be charged with the damaged property (as well as leaving the scene should you do so thereafter).
What if you accidently run over people, or sideswipe a sign that flies off and decapitates an onlooker or two.
You win the assault and battery or homicide charge...depending on the extent of the damage.
Most people I talk to would prefer facing a traffic violation than life felonies..
Want more reasons that it is not worth the risk?
How about that the chase makes a nice little argument to the court that you should be held on high bail because of your propensity to flee? How about that it also gives the prosecutor an argument to present to the jury of consciousness of guilt?
All in all, there is a better approach.
Pull over. Politely do what the police officer says and, otherwise, keep your mouth (and the accelerator) closed. Wait for the earliest time you can hire an experienced criminal defense attorney and make your stand then.
Much better history of success with that approach.
In the meantime, of course, if you wish to discuss such a matter with me, please feel free to contact me at 617-492-3000.
To find the original stories upon which this story is based, please go to http://www.dailynewstribune.com/news/x1498216633/Waltham-police-arrest-Framingham-man-after-car-and-foot-chase
Mejia is accused of being one of two masked persons to shoot a parked car whose occupants were allegedly there to purchase drugs from him. Two men sustained bullet wounds from the 15 to 20 rounds that were fired into the Chevy Impala.
A woman who had been in the back seat told cops that she recognized the teenager’s voice. She also says that because his mask was down she was able to see his face. This week, Mejia’s defense attorney argued that the woman has changed her story. He also said that no one who stood before the grand jury was able to ID his client as one of the shooters.
Mejia was charged with Massachusetts assault with a dangerous weapon and armed assault with a deadly weapon.
Mistaken Identity Arrests
If Mejia was indeed wrongly identified as the suspect in the shooting, he is not alone. According to the National Association of Criminal Defense Lawyers, at least one person is mistakenly identified and arrested on a daily basis. In most cases, the person is released soon after the mistake is discovered. Arrest warrants incorrectly naming someone are even issued.
Lawyer: ID faulty for accused Hyannis shooter, Cape Cod TImes, February 18, 2010
Officer, you've got the wrong person, CNN, February 15, 2010
Related Web Resources:
National Association of Criminal Defense Lawyers
Assault, Justia
]]> It is a serious matter to be arrested for a crime. Whether or not you were wrongly arrested, it is important that you have an experienced Boston criminal defense lawyer by your side. Massachusetts assault charges come with harsh punishments if you are convicted. ]]>The Defendant stands accused at the moment of gunning down said members at a faculty meeting whereat it was revealed that she was not going to get tenure.
But her latest problems are not her first brushes with guns, assault and the law. In fact, the more the media dig into her past, the more is learned at how she allegedly skated by criminal prosecutions a number of times. Some such skating has left Massachusetts law enforcement officials scratching their heads.
For example, one of the first stories that were revealed were about the suspicions about her connection to an attempted bombing of a professor at Harvard when she worked there. She was apparently trying to become a famous scientist (see discovery of her book from Tuesday’s blog). Her supervisor was purportedly not pleased with her work. He received a bomb in the mail after an alleged dispute with her. Clearly, the federal officials did not believe there was enough to charge her and so nothing happened.
However, a cloud of mystery seems to have developed about that situation with her brother.
Apparently, so have certain law enforcement officials, because everybody is suddenly scrambling to find out what happened and why she was not prosecuted.
It has now been decided that probable cause existed in 1986 to charge the Defendant with assault with a dangerous weapon, carrying a dangerous weapon and unlawful possession of ammunition, Norfolk County District Attorney William Keating said in a statement. However, the statute of limitations on those charges has expired, as well as on a potential charge of "wanton and reckless conduct," the lowest standard for manslaughter in Massachusetts, he said.
Apparently, recovered documents do not contradict investigators' conclusion at the time that the shooting was an accident, according to the statement.
A third incident occurred during her troubled days in the Commonwealth. This time, the altercation did not involve her career and apparently was no accident.
It involved...kiddie seats.
You see, one fine day in March, 2002, the Peabody police were called to an International House of Pancakes restaurant on a report of an assault. There, they found a crying woman who was the alleged victim, according to reports. She told police that she and her two children had been seated for breakfast. Apparently, a family with the Defendant was seated in a booth nearby. According to the report, the woman "then asked the waitress for a booster seat for one of the children and the waitress brought one over. The defendant Amy Bishop then also asked the waitress for a booster seat but Amy was told by the waitress that there were no more booster seats.”
Uh-oh.
The report continued, “The defendant ... then became angry that [the woman] had the last booster seat and made the comment, 'But we were here first,' " The Defendant then allegedly became loud and abusive to the woman, the report said, shouting profanity at her and at one point saying, "I am Dr. Amy Bishop."
According to the police, the Defendant was asked to stop the profanity, but said request was not honored. She became louder.
The IHOP manager told police that the Defendant was acting "like a crazy person."
When the manager asked the Defendant to leave, she allegedly (having no other weapons handy perhaps) struck the other woman on the right side of her head in front of the woman's two children,
The Defendant was charged with assault and battery and disorderly conduct, police said. The Essex County district attorney recommended a year of probation and anger management classes, but the Defendant instead admitted that there was sufficient evidence to prosecute her for disorderly conduct and assault and battery and agreed not to contact in return for a continuance without a finding.
She was put on unsupervised probation for six months, according to Steve O'Connell, a spokesman for the Essex County district attorney.
Even in the courts, hindsight is 20-20. Assuming that the Defendant had no prior criminal record, simply giving her a Continuance Without A Finding was not in the least unreasonable.
Yes, she got a break, but there was apparently no reason to believe she shouldn’t have.
Further, if there was no evidence other than innuendo (and it would appear that no evidence materialized later) to link her with the attempted bombing, then she should have been left alone as she was.
And then we come to the shooting of her brother. I cannot answer what she was not prosecuted for at least having the firearm or involuntary manslaughter or something of the like back when the event happened. However, other than a murder charge (which has no statute of limitation) it is too late to do anything about it now.
To me, the present district attorney of Norfolk County, Mr. Keating, deserves a certain amount of respect in this matter. He could do a flip-flop and, to appear the hero correcting the office’s mistakes in days gone by, decided to prosecute the Defendant for Murder. I am sure, especially given the present circumstances, he could come up with some explanation why they now believe such probable cause exists. Further, by the time the case went to trial, all this will probably have been forgotten, the Defendant would be convicted for her latest horror and something quietly could be worked out. After all, how many life sentences can one person serve?
The DA is not doing this and I hope that others in the system follow suit in their reasoning. You see, I have often written about how the fear of “what if I give the defendant a break and he/she goes out and kills somebody” hangs over the justice system like a shroud. It is a shroud which, in my opinion, perverts what is supposed to be a Justice system. It is dangerous to the ideals the system was supposed to be about.
And what does this have to do with you?
Well, it would appear that the Defendant had experienced attorneys acting on her behalf in the past. While it would take a miracle worker to help her too much now, if you were in her shoes, you would want someone who can give you the best shot at prolonging your freedom as well. You want an experienced and talented criminal defense attorney.
So, perhaps file this one under the “It could have been me” category. Well, maybe on a lesser level.
Either way...you need someone who understands the terrain and the risks...such as the omnipresent fear mentioned above.
Should you find yourself facing such a scenario and wish to discuss it with me, please feel free to contact me at 617-492-3000.
To find the original story upon which this story is based, please go to http://www.cnn.com/2010/CRIME/02/17/alabama.shooting/?hpt=Sbin
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