Boston Criminal Lawyer Blog

It has been said that hard cases make bad law. Well, maybe. But it also seems that high profile cases tend to make sudden amendments to the law, twist it up into a pretzel and then eat away at it until it is no longer noticeable.

It is a fascinating time for people like me, who actually care about the system and what it is supposed to represent, to watch as rights are slowly eroded and the procedures themselves are bastardized.

I remind you of the “Who’s gonna pay for Whitey’s attorney now that the government has taken all his money circus” that we were treated to a week or so ago.

I understand that my opinions in this blog must anger a lot of people. Sorry about that. The problem is that I also have an annoying tendency to be correct. I direct you to the once-held-as-heroic travesties of South Hadley’s prosecutor and the following “super-tough” action of our legislature to bully Massachusetts bullies.

Well, in any case, prepare to be more aggravated than ever today.

Yesterday, Catherine Greig, longtime girlfriend of Whitey Bulger, began her detention hearing. However, the Magistrate Judge hearing the case is allowing so much venting of so many human systems, that one day was not enough. It is now continued until Wednesday.

On Wednesday, relatives of Whitey Bulger’s alleged victims are supposed to be heard.

By the way, if you were under the impression that the purpose of this hearing is to see whether Ms. Greig should be released on bail while awaiting a trial in which the government has yet to prove her (or Whitey, for that matter) guilty of something…you were actually correct. That’s right….this is not her actual trial. This is to determine incidentals like whether she is likely to return to court to answer the charges against her. By the way…those charges do not include murder, drug trafficking or other things which often “necessitate” someone being held without the Constitutional right to bail.

But, I digress.

The court’s unusual move was apparently made at the behest of United States Attorney Carmen Ortiz’ office. Yes, that would be the prosecution. One of the contestants of what is quickly becoming a new “best show on earth”. The court endorsed the wonderful idea that relatives of some of the 19 people Bulger is alleged to have killed, or whose death he is accused of orchestrating, be allowed to take the witness stand in US District Court.

You may be wondering how their testimony would be relevant to the issues at hand.

Me too.

But, that incidental aside, the important thing is that while the prosecution and defense are dealing with legal issues like bail, the relatives of alleged victims will finally have their first chance to speak in court and lash out at the bad guys before anyone is proven guilty of anything. Now, the logic of this might confuse you alittle. After all, usually such statements are not allowed unless and until a defendant is proven guilty beyond a reasonable doubt.

But, hey, look …people are not too happy with the justice system these days. After all, as discussed last week, a woman was found “not guilty” of the murder allegations brought against her which most onlookers thought was guilty. Further, a lot of people have been pretty angry with Whitey since he took off so long ago. Now, true, Ms. Greig has not even been charged with taking part in any of the murders…let's face it...a detention hearing for Whitey would be laughable. These poor folks have been waiting around just chomping at the bit to lace into Whitey and his alleged deeds since Bulger’s capture last month. They’ve been pretty patient…why not throw them a bone?

I mean, who is it going to hurt? Ms. Greig? Come on, she’s a bad lady. She was with Whitey. Why should we do anything to preserve her rights?

Even the attorney for one of the families of an alleged Bulger victim admits surprise “I really haven’t seen it happen before,” he explained. Perhaps remembering who he was representing at the moment, he continued, “But this is such an unusual case that it’s really hard to compare this with happens with other cases.’’

Of course! It is the perfect case in which to throw Constitutional safeguards out the window in favor of “feel good” rulings! After all…it’s good politics!

Oh, wait…you mean this isn't the governmental arm that is supposed to be political?

Uh-oh.

Attorney Sam’s Take On Bad Guys And Constitutional Rights

Yesterday, I wrote about hypocrisy and it would appear that that “h”word has lifted its ugly head again. Perhaps we should just throw in the towel and handle these cases the way the government, and, it would seem, many of us, would prefer.

Continue reading "Catherine Greig Begins Her Detention Hearing In Boston Federal Court " »

In case you missed it, James “Whitey” Bulger (hereinafter, “Whitey”), the long-sought reputed mob boss of Boston, was arrested and brought back home last week. Home for Whitey was South Boston. Standing there now, of course, is Boston’s Federal Court…which promises to house a great deal of the rest of his life. He is now in his 80’s and charged with many federal crimes.

Whitey’s arrest was difficult to miss last week. What was easy to miss, I suppose, were nasty words like “alleged” when discussing his past. Leave it to a die-hard experienced criminal defense attorney like me to notice. I can be a bother that way.

Anyway, Whitey’s history, whatever the actual truth turns out to be, is , and will continue to be, fodder for a host of blogs like this one. In fact, I can see focusing on his story(ies) all week this week. We’ll see.

Leave it to Whitey, though, he returned throwing the government for a loop right off.

You see, Whitey is believedto have access to all kinds of money. He was also arrested in possession of a great deal of money. The government, of course, believes that this money must be ill-gotten gains and so contends that he should not have access to it. Indeed, in these types of cases, monies are routinely seized by the prosecution as they bring an action for forfeiture of the funds.

A criminal defendant in this country, particularly when facing the possibility of incarceration, has the right to an attorney. We treasure this right so highly that, if a defendant is found to be indigent, unable to afford his/her own lawyer, one is provided. When this topic came up last week during one of two hearings for Whitey, he indicated that the only way he could afford his own attorney was if the government gave him access to the money they seized.

The government objected, claiming that Whitey had access to other funds and that the monies seized were to be forfeited.

The court appointed a temporary lawyer and US District Court Chief Judge Mark L. Wolf has now Ordered said temporary lawyer and federal prosecutors to try to reach an agreement about whether Whitey is entitled to a public defender by the end of the day today.

Both sides are expected to file memoranda and affidavits concerning Whitey’s finances. A hearing is scheduled on the subject on Wednesday.

Whitey’s longtime companion, Catherine Greig, who has been charged with harboring a fugitive, has also requested a public defender.

That matter is also expected to be addressed in court this week as well.

Attorney Sam’s Take On The Right To Counsel And Presumption Of Innocence

The issue of whether or not a criminal defendant gets a court-appointed lawyer is an issue between the court and the defendant. Generally, the prosecution has no standing to address the issue.

Continue reading "South Boston’s Whitey Bulger Needs Experienced Massachusetts Criminal Defense Attorney" »

It is the fifth Brockton homicide this year so far.

19-year-old Brockton resident Frank J. Webb (hereinafter, the “Defendant”) is learning that “accidents happen” is not a defense in murder cases.

Particularly when said alleged accident takes place while one is breaking the law anyway. When Massachusetts weapons are involved, the Commonwealth is particularly unforgiving.

The Defendant is said to have gotten into a fight with another individual in Brockton this weekend. During said altercation, he is believed to have fired a handgun wildly in the middle of Main Street. The Commonwealth says that, while doing so, he fatally wounded a 51-year-old woman who was walking home from church.

He has been charged with the charges of murder and Massachusetts’ assault and battery with a dangerous weapon. Police allegedly recovered a .45-caliber handgun at the scene.

During the Brockton bail hearing, the Defendant’s attorney argued that his client had been living with his parents, working for a cutlery business, and studying at Massasoit Community College to get his GED. He also represented that his client had no convictions on his record. The prosecutor, however, pointed out that the Defendant had two open drug cases in the district court.

Attorney Sam’s Take On Murder And Bail Conditions

“Sam, yesterday you wrote about how bad it is for a lawyer to seem fake and that his/her credibility is important. I guess this lawyer has already blown his, right?”

Continue reading "Brockton Man Held Without Bail For Accidently Shooting And Killing Innocent Churchgoer" »

Not many cases are as tragic, from any perspective, as the drama being played out in Concord today. I am referring to Julianne McCrery, 42, who will soon need an experienced homicide attorney in New Hampshire. She was arrested in Chelmsford, is held as a fugitive and is hereinafter referred to as the “Defendant”.

On the periphery, there are the typical cast of characters. There are the various family members and friends who describe the Defendant as “troubled” and swear that she would never hurt her child. There are the casual observers who saw her at what is assumed to be the time of her son’s death who describe her as “not a nice person”, disheveled and quiet based on barely any interaction at all, yet apparently worth mentioning in news accounts.

And, in the heart of it is a dead child. The boy who was found dead days ago, left unidentified. The 6-year-old boy for whom authorities searched until they found a name…and a mother. A mother who has apparently confessed to killing him.

The chief medical examiner of Maine has determined the cause of death to be asphyxiation, although the final determination is pending further study.

The suspected cause of the asphyxiation? Too much cough syrup.

Indeed, a close friend describes that the boy had had a bad cough.

Continue reading "Mother Of Deceased 6-Year-Old Son Is Arrested On Warrant In Chelmsford, MA, And Will Face Murder Charges (Part One of Two)" »

This week is a big one for Danvers’s own Nathaniel Hudon, the 31 year-old- man who is now referred to as “the Defendant”. He began the week in custody and remains there awaiting a “Dangerousness Hearing” scheduled for tomorrow. Reports have it that he was under the influence of cocaine and alcohol and may have believed he was going to heaven to meet God, when he abducted his ex-girlfriend early Saturday. He is then said to have led police on a 20-mile chase on the Massachusetts Turnpike.

It is unknown as to whether the chase was due to his rush for the Devine appointment.

In any event, the Defendant has been held without bail and is facing several charges, including kidnapping and assault and battery.

The alleged victim in these charges is Pamela Bello, 42, also of Danvers. She is said to be the Defendant’s ex-girlfriend, and so is hereafter referred to as “the Ex”.

The Ex told police that the Defendant had been drinking and using cocaine for two days, when he called her outside of her residence around 4:45a.m. When the Defendant asked her to accompany him in his truck she says she refused, but he forced her into the vehicle anyway, where all the inside door handles were broken off. He then took off, with her in the vehicle and drugs and alcohol allegedly dancing through his system.

The Ex says she tried to call 911, but the Defendant threw her phone out of the window and continued driving. He is said to have then replaced the cell phone with a white metal crucifix in her hand, telling her to hold onto it.

Continue reading "Danvers Man Faces Dangerousness Hearing For Drug, OUI, Assault And Kidnapping Charges In Domestic Violence Case – Attorney Sam’s Take" »

Former Massachusetts Turnpike chairman Matthew Amorello (hereinafter, the “Defendant”) has fallen into ever-deepening holes of trouble on the criminal justice battlefield. First, he was arrested for drunk driving this past weekend. Well, not really just drunk driving. There are apparently other charges levied after he allegedly smashed into parked cars and tried to flee the scene despite the fact that one of his tires was off.

After a night of what the authorities call “sleeping it off” at the station, the Defendant was told he had to attend his arraignment in Haverhill court yesterday.

He didn’t.

And so it was that a Haverhill District Court Judge issued a default warrant for the man who once oversaw one of the largest public works projects in the state's history...the Big Dig.

Continue reading "Former Big Dig Bigwig Faces Allegations Of OUI, Leaving The Scene And A Default Warrant" »

Today’s posting on the Boston criminal lawyer blog does not really involve Boston.

It does involve criminal law, though. As well as show business.

You may have heard snippets over the past months of Lindsay Lohan and her difficulties with the law. One such difficulty has been showing up in court for such incidentals such as probation violation hearings.

Finally, it would seem that the court had enough.

Yesterday, a Los Angeles judge found Ms. Lohan in violation of her probation. The actress was sentenced to 90 days in jail. The hearing revolved around a missed court date in May. Ms. Lohan had claimed that the reason she had missed the court date was that she had lost her passport at the Cannes Film Festival and was unable to travel back to the states to attend the court date.

I hate when that happens, don’t you?

Continue reading "Boston And The Rest Of The World Watch As Lindsay Lohan’s Probation For Drunk Driving Is Surrendered" »

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" »

This weekend, we have been celebrating the birth of our country. Even a Boston criminal defense attorney recognizes the importance in that. In the meantime, the Cambridge couple (hereinafter, the “Defendants”) who were among 10 people arrested in three cities last week as part of an alleged Russian spy ring have been arraigned in Federal Court and await an opportunity to make bail and recover their freedom.

Good luck.

The government says that the Defendants were sent to live in the United States under false identities to hobnob in spheres of influence, an idea one civil liberties lawyer called laughable given their jobs as a software company executive and a real estate agent.

“These so-called spies really had a racket,” said Harvey Silverglate, author of Three Felonies a Day: How the Feds Target the Innocent. “The idea that they were going to pick up useful intelligence in the circles they were moving in is absurd. They have defrauded the Russian intelligence agencies and gotten a decade of free support in exchange for no useful information.”

As Attorney Silverglate also points out, unless the investigation the FBI conducted over nearly a decade yields more damning evidence than what has so far been released, the people most harmed by the whole affair, Silverglate said, may turn out to be the American taxpayers.

Continue reading "A Boston Criminal Defense Attorney Discusses Federal Court, Alleged Spies And Liberty" »

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.
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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 " »

The Boston Criminal Lawyer Blog has been discussing school campus related crimes of late. Most of these have had to do with the subject of bullying, a topic I just know we will be returning to. Yesterday, we briefly discussed a different kind of criminal behavior by a student. This one is a bit less sympathetic.

The story hails from the home of Altman & Altman LLP’s main office...Cambridge. It involves the legendary Harvard University and an ex-student who allegedly took the subjects of creative writing and social science and twisted them into a pretzel of deceit and larceny. It features the allegations against the former student with contradictory credentials, Adam B. Wheeler...perhaps a young Bernard Madoff in the making.

As you probably have heard, young Mr. Wheeler is facing a plethora of criminal charges and there may be more to come. The 20 indictments against him reflect a successful scheme to bilk Harvard University out of approximately $45,000 through a series of white collar crimes. He is alleged to have falsified documents, plagiarized and lied in order to gain acceptance into Harvard, gain scholarships, win prizes and get a grant.

In fact, should the allegations contain a cyber-fraud element crossing state boundries, which is likely, Young Wheeler could be looking at federal charges as well as those he faces by the Commonwealth.

Of course, now that the news has broken and he has pleaded “Not Guilty”, the ignited debate rages on. Everyone is trying to explain who the young gentleman is and how he did what he (allegedly) did.

For example, a former high school classmate claims that the lad was a class clown who delighted in pranks such as tossing ketchup packets around the halls like little red landmines. Further, she doubts anyone expected him capable of the complex scam that prosecutors say he pulled on some of America’s best brains in Harvard University’s hallowed halls.

Continue reading "Academic Voices From Ex-Harvard Student's Past Display Surprise At The Fraud and Theft Charges Against Him" »

In the Boston area, nine young men, ages ranging from 15 to 21 are now in need of criminal defense attorneys. They are accused of horribly assaulting a 19 year old developmentally disabled teenager in Dorchester.

They left him bloodied and screaming for help, the prosecutor said.

Suffolk County District Attorney Daniel F. Conley issued the statement that ''A crime like this just shocks the conscience...It’s obscene."

The scene of yesterday’s arraignments was a familiar one. The court read the charges, the prosecutor filled in the blanks, adding the detail and commentary about the allegations and the defense attorneys denied all guilt for their clients who were basically “good kids”.

As is often the case in such matters, there are differing views of what happened. While the defendant is not required to give his this early, or, actually, at all, there are claims that some of the nine defendants were actually trying to help the victim, not attack him.

The attack came to the attention of law enforcement when police were called by a man who apparently witnessed it shortly before 5:00 PM on Monday. His attention was drawn to it when he was working in his back yard and heard a "God-awful scream”.

Continue reading "Nine Boston Youths Are Charged With Assault And Battery In Bullying Attack Of Disabled Teen" »

It is a situation that we have discussed a number of times on the Boston Criminal Lawyer Blog. Yet, particularly since the initial response to getting such a care package from the government is usually panic, it is worth revisiting.

First of all, the good news. What you have received and believe is a criminal complaint is probably not really a criminal complaint.

Although it is not a criminal complaint, it is an extremely important piece of paper that must be treated as such. What you have probably received is a summons to go to court in connection with criminal allegations that are, indeed, being made against you. The summons is likely one of two kinds. You are being summoned to either an arraignment or a clerk magistrate’s hearing.

If you ignore this piece of paper, as further discussed below, you risk being arrested. Plaintly put, you are being summoned to appear in court. Should you ignore or forget about the date the sumons reflects, a warrant will likely be issued by the court, mandating your arrest.

Continue reading "“I Have Received A Criminal Complaint In The Mail! What Does This Mean? What Do I Do?”" »

Just to show you that the Boston Criminal Lawyer Blog is not only focusing on kids these days and their foibles, such as attempted murder, we discuss today a slightly older gentleman in need of counsel…lots of it.

The gentleman, Michael G., 31 (hereinafter, the “Defendant”) hails from Salem and was arrested in Swampscott for operating under the influence as well as one or five other charges. He was apparently not charged for other, somewhat unusual items of interest in his car.

The Defendant was brought to the Lynn District Court where he was charged with operating a motor vehicle under the influence of alcohol, negligent operation of a motor vehicle, operating a motor vehicle with a suspended license, drinking alcohol from an open container in a motor vehicle, marked lanes violation and following too closely.

Swampscott police had been alerted to the Defendant, who is a student at Wentworth in Boston, as he sped by on New Ocean Street around 3:30 a.m. April 30.

As the police followed him, the Defendant is said to have been weaving all over the road and tailgating another vehicle, before he was pulled over on Paradise Road.

Continue reading "The Boston Criminal Lawyer Blog Reveals A North Of Boston Drunk Driving Matter With A Twist" »

Gee, it is hard to imagine that after our protectors and law-makers have made the world safe for kids by passing the Anti-bullying bill discussed last week and prosecuted “the bad kids” as discussed ad nauseum, that kids could still be getting in trouble and even hurt! In connection, since the governor has not signed the Ant bullying Bill into law in Boston yet, how will prosecuting attorneys ever be able to prosecute the youthful wrong-doers?

Guess what? It would appear that the laws already on the books actually suffice!

For example, let’s take four Merrimack College students who have gotten into a tad of trouble at yet another underage drinking party. The partying seems to have ended when a high school student ended up with a serious head injury.

The 17-year-old girl from southeastern Massachusetts, now in the hospital, fell down stairs early Sunday morning at the party, according to a statement issued by North Andover police and Essex District Attorney Jonathan Blodgett's office.

Continue reading "Massachusetts Students Face Charges Of Assault, Attempted Murder And Alcohol Distribution" »

Has anyone else noticed that air travel has become a bit more tense in recent years? Gee, you go to Boston's Logan International Airport and you would think it had been involved in a terrorist act sometime over the past ten years or something! In fact, sometimes you feel you should bring a lawyer along just in case..

Some people find that they need a lawyer as they leave the airport.

Today's case in point is Paul P., 50 of Sanford, Maine (hereinafter, the “Defendant”). Last week, he ended Saint Patrick’s Day (Evacuation Day in Suffolk County) detained by the Massachusetts State Police at Logan.

The Defendant’s troubles began when he “accidently” lit a match on a flight bound for Logan that fateful night. This apparently occurred when he removed a book of them from his pocket during the flight.

Continue reading "Boston’s Logan Airport Is Scene Of Mystery Passenger And Pending Warrant" »

“Sam….what gives? You tell us that the next day’s Boston Criminal Lawyer Blog is going to be an unhappy one and then you disappear for the rest of the week? You call this “daily”???”

I know, I know…sorry about that. Sometimes my responsibilities to my clients necessitate my irregular definition of the term “daily”. But, late as it may be…here is the tragic story to which I referred.

It is the tale of Geoffrey W., 31, an MIT staffer from Malden (hereinafter, the “Defendant”).

Last week, the Defendant was arrested in connection with the death of his 6-month-old son, according to Middlesex District Attorney Gerry Leone. He stands charged with murder

Continue reading "Boston Baby’s Death Brings Murder Charges And Jail To Senior MIT Staffer" »

Today, the Boston Criminal Lawyer Blog points out that there really can be “heroes” as well as “villains” in today’s modern, if not skeptical, age.

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

Continue reading "Assault, License Loss And OUI Charges Apparently Not Enough For Alleged Armed Carjacker" »

Well, it has been awhile since the Boston Criminal Lawyer Blog covered one of these.

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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Continue reading "Massachusetts Vehicular Crimes Increase Penalties During Police Car Chases – Take It From A Boston Defense Attorney" »

The Boston Criminal Lawyer Blog has regularly suggested how an experienced defense attorney can help you if there is an outstanding warrant for your arrest.

It may be that Dr. Conrad Murray,( hereinafter, the “Defendant”) the doctor who administered the fatal dose of Propofol to Michael Jackson and now is to face homicide charges is a reader! Well, if not, at least he is being similarly advised.

According to law enforcement, his attorneys have been in contact with the L.A. County District Attorney's Office to surrender on charges of involuntary manslaughter . Apparently, the plan is that the prosecutor will file the charges with the court and then immediately notify the Defendant’s lawyers. They will then bring the Defendant downtown to court to surrender to a judge.

What happens next is anybody’s guess. He could be arrested and held. He could be simply arraigned. There is one sticking point, though. It would appear that this is not the Defendant’s only legal problem at the moment. Apparently, there is a case against him in Las Vegas brought by a medical imaging company for non-payment of fees. There is currently a default judgment against the Defendant in that matter.

Continue reading "Attorney Sam’s Take: Does Michael Jackson Homicide Doc Read The Boston Criminal Lawyer Blog?" »