Samuel Goldberg has been a Massachusetts criminal defense attorney for 20 years. Prior to that, he was a New York state prosecutor. He has published various articles regarding the practice of criminal law and frequently provides legal analysis on radio and television, appearing on outlets such as the Fox News Channel, Court TV, MSNBC and The BBC Network.
To speak to Sam about a criminal matter call 617-492-3000.

March 6, 2010

NFL Football Player Ben Roethlisberger Accused of Sexual Assault

A second woman is now accusing Pittsburgh Steelers quarterback Ben Roethlisberger of sexual assault. The alleged incident is said to have occurred at a Georgia nightclub early Friday morning close to where the NFL player owns a home.

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

Continue reading "NFL Football Player Ben Roethlisberger Accused of Sexual Assault " »

February 24, 2010

Former NBA Player Jayson Williams Sentenced to Five Years in Prison for Limo Driver’s Shooting Death

Jayson Williams, the former New Jersey Nets player, has been sentenced to a five-year prison term for charges related to his covering up of the fatal shooting of Costas “Gus” Christofi, a limo driver that he had hired. Williams accidentally shot the 55-year-old driver on February 14, 2002.

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

Continue reading "Former NBA Player Jayson Williams Sentenced to Five Years in Prison for Limo Driver’s Shooting Death" »

February 12, 2010

Attorney Sam’s Take: The Kerrigan Case – Boston’s Latest Confrontation Between Homicide Prosecution And Human Emotion

The Kerrigan family may have you alittle confused. The Boston Medical Examiner’s office says that the father (hereinafter, the “Deceased”) died because of an assault by the brother (hereinafter, the “Defendant”). The rest of the family is praising what a fantastic role model the Deceased was, but are standing by the Defendant. The District Attorney is trying to figure out what is the right move in the case.

Meanwhile, the superstar of the family, daughter of the Deceased and sister of the Defendant, former-Olympic but now-media star is publically vowing to fight the ruling that concluded her beloved father was murdered during a brawl with his son. In fact, in a long letter sent to friends that illustrated her adoration for the Deceased, Kerrigan yesterday defended the Defendant and called the state medical examiner’s ruling regarding the death “unjustified.”

The Defendant, meanwhile, remains at Bridgewater State Hospital, has pleaded not guilty to assault and battery on an elderly person,and wonders about his fate. Lord only knows what type of turmoil he is in.

“ ‘Turmoil’? But he is the Defendant! You mean he is afraid of what the punishment will be?”

No, actually, I meant what I wrote. Do you think there is very much the system can do to him that is not dwarfed by what he must be going through inside?

I have written many times about how media coverage and, indeed, fear of it often rules the criminal justice system. There is something else that plays a huge part in it and always has. Basic human emotion.

Continue reading "Attorney Sam’s Take: The Kerrigan Case – Boston’s Latest Confrontation Between Homicide Prosecution And Human Emotion" »

February 10, 2010

Kerrigan Massachusetts Assault Ruled A Homicide

Was it a surprise to you? The Boston Criminal Lawyer Blog anticipated it just after the event and explained that it was likely to happen.

The news is that,the cause of death of the 70-year-old father of Olympic figure skater Nancy Kerrigan (hereinafter, the “Deceased”) is being ruled a homicide. However, Middlesex District Attorney Gerard T. Leone Jr. has not yet decided whether the son, Mark D. Kerrigan (hereinafter, the “Defendant”) will face murder charges. The Defendant has already been charged with assault and battery.

In a statement released this afternoon, Leone's office said that the state medical examiner has concluded the death of the Deceased was a homicide after he suffered a heart attack inside his Stoneham home early on January 24th. Leone stated that "The Medical Examiner determined that the cause of death was cardiac dysrhythmia following a physical altercation with neck compression causing injury to the neck in the form of a cartilage fracture to the larynx area, in a person with hypertensive and atherosclerotic cardiovascular heart disease,'' Leone said in the statement.

He further announced that the investigation is ongoing and that his office is deciding whether homicide charges are appropriate.

Continue reading "Kerrigan Massachusetts Assault Ruled A Homicide" »

February 9, 2010

Michael Jackson’s Doctor Pleads Not Guilty to Involuntary Manslaughter in Singer’s Death

Conrad Murray, the personal physician of Michael Jackson, pleaded not guilty to a single felony charge of involuntary manslaughter in the death of the famous performer. Bail was set at $75,000—three times more than the amount faced by most people who are charged with involuntary manslaughter. Prosecutors had wanted bail set at $300,000. Michael Jackson’s parents, Katherine and Joe, and his brothers Randy, Tito Jackie, and Jermaine, and his sister La Toya were at Murray's arraignment.

Upon Murray's release after posting bail, the 56-year-old cardiologist will not be allowed to leave the country.

Murray was Jackson’s personal physician when he died. According to officials, the performer died after Murray gave him propofol and two other sedatives to treat his chronic insomnia.

The criminal complaint against Murray accuses him of unlawfully killing Michael Joseph Jackson, albeit with out malice, and of acting “without due caution and circumspection.”

The coroner had ruled the singer’s death a homicide caused by acute intoxication by propofol and other sedatives. The autopsy report released today says that Jackson was administered a powerful anesthetic at a dose equal to what would be given during a major operation and that medical standards were not met.

Murray maintains he did not do anything that should have killed Jackson. His criminal defense attorney is vowing that he and his client will “fight like hell.” If convicted, Murray faces a maximum four years in prison.

Michael Jackson died at age 50 on June 25, 2009.

High profile criminal cases, especially one involving a beloved victim, can prove challenging for the defendant, who may have the court of public opinion against him/her.

Michael Jackson's doctor pleads not guilty, Yahoo/AP, February 8, 2010

Conrad Murray: Michael Jackson case and celebrities' doctors, The Christian Science Monitor, February 5, 2010


Related Web Resources:
Propofol, Drugs.com

Michael Jackson Autopsy Report, The Smoking Gun

Continue reading "Michael Jackson’s Doctor Pleads Not Guilty to Involuntary Manslaughter in Singer’s Death " »

February 5, 2010

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

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?" »

January 27, 2010

Kerrigan And Attorney Await Results Of Massacusetts Grand Jury

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

But the rest of the family is.

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

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

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

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

December 31, 2009

Following Charlie Sheen’s Arrest for Alleged Domestic Violence, Wife Brooke Mueller Wants Restraining Order Against Him Modified

Brooke Mueller, the wife of actor Charlie Sheen, is seeking to have the restraining order against her husband modified. According to TMZ.com, she wants a judge to allow the two of them to be able to contact each other so they can work on the problems in their marriage. Her attorney reportedly told TMZ that his client and her husband still love each other and that the alleged dispute occurred during “one bad night.”

The 44-year-old TV actor was arrested on Christmas Day following an alleged domestic violence dispute with his wife. Sheen was charged with criminal mischief, assault, and menacing with a deadly weapon. Mueller told authorities that Sheen threatened her with a knife after telling him she wanted a divorce. The two of them reportedly had been arguing for several hours.

Sheen, however, is denying that he strangled his wife or held a knife to her. Police officers found a folding knife locked in an open position in the actor’s travel back.

Meantime, Stan Rosenfield, Sheen’s spokesperson stressed the importance of not jumping to conclusions over what may or may not have happened.

Sheen was released early on Christmas evening after he posted $8,500 bond.

Domestic Violence
Altercations between couples can be complicated and most situations are never clear-cut. This can create problems for a person who is accused by another of domestic violence. Even if the alleged victim decides to recant his or her accusations, the accused can still be charged and convicted for this crime.

Charlie Sheen's wife asks judge to modify restraining order, CNN, December 30, 2009

Charlie Sheen's Wife Claims Knife Threat in Assault, ABC News, December 28, 2009


Related Web Resource:
Massachusetts Law About Domestic Violence, Massachusetts Trial Court Law Libraries

Continue reading "Following Charlie Sheen’s Arrest for Alleged Domestic Violence, Wife Brooke Mueller Wants Restraining Order Against Him Modified " »

December 24, 2009

Parents of Balloon Boy Receive Jail Sentences for Media Hoax

Richard and Mayumi Heene received their sentences for their roles in the balloon hoax involving their six-year-old son Falcon. Both of them pleaded guilty last month to criminal charges. Mayumi pleaded guilty to a misdemeanor charge of knowingly filing a false report with emergency services and Richard pleaded guilty to a felony charge of knowingly and falsely attempting to influence a public servant.

The Heenes captured the media spotlight last October after they contacted 911 to report that they thought Falcon may have flown off in a flying saucer-like balloon that Richard had constructed. TV cameras followed rescuers as they chased after the balloon in an attempt to bring him back to safety. The 6-year-old was later found in the family garage. Questions about whether the incident was a hoax came up when Falcon replied during a CNN interview that the escapade was done for a “show.” Mayumi later admitted that the balloon boy story was a hoax.

At his sentencing, Richard apologized for the incident. The judge abided by a plea agreement, sentencing him to 90 days in jail starting January 11, four years probation, and 100 hours of community services during those years. Heene is allowed to serve the last 60 days in a work release program but has to sleep in jail at night.

Mayumi is sentenced to 20 days in jail (not as much time as what prosecutors sought), four years probation, and 120 hours of community service. Mayumi’s sentence begins after her husband’s sentence is over so that one of them can remain with the kids. She can also serve her time on weekends.

Mayumi and Richard are ordered to pay restitution.

‘Balloon boy’ parents plead guilty, MSNBC, November 13, 2009

Balloon Boy Parents Richard Heene, Mayumi Heene Get Jail Time, Probation, ABC, December 23, 2009

'Balloon boy' parents plead guilty, CNN, November 13, 2009

Related Web Resources:
Timeline Of Balloon Boy Events, ABC 7, October 16, 2009

General Laws of Massachusetts

Continue reading "Parents of Balloon Boy Receive Jail Sentences for Media Hoax" »

December 22, 2009

East Boston Reacts To Federal Indictments And Bail Hearing In Drug Case

A Boston federal drug case is keeping lawyers and politicians on their feet.

Yesterday, there was a detention hearing for Lawrence T., 51, of wakefield (hereinafter, “Defendant 1”). He stands accused of illegal sale of OxyContin. Defendant 1 has a co-defendant, John F., 31 (hereinafter, “Defendant 2”). Defendant 2 just happens to be a key City Hall operative who faces an indictment charging him with the drug crimes.

Well, Defendant 2’s status as an “operative” is a bit more specific than that...he is Mayor Thomas M. Menino’s neighborhood liaison to East Boston. His indictment came down on Thursday for possession with intent to distribute OxyContin and possession with intent to distribute marijuana.

East Boston residents are speaking out about the matter, pointing out that drugs have been a plague on the neighborhood for years. But, now, there is even more evidence of how “high up” the problem reaches –namely, the arrest of one of the area’s rising political stars.

Continue reading "East Boston Reacts To Federal Indictments And Bail Hearing In Drug Case " »

December 2, 2009

The Lesson Of The Tiger Woods Criminal Investigation– When Not To Talk To The Police

Boston, along with the rest of the country, has been watching the events unfold in the Tiger Woods automobile accident matter. While the participants took turns not talking (law enforcement would not talk to the press and Tiger would not talk to anyone), I have been reminded of one of the most important lessons I learned many years ago as a young assistant district attorney.

The lesson?

When to keep your mouth shut.

For those of you not acquainted with the latest Tiger Woods adventure, let me recap with what we now know.

It was early Friday morning at 2:25 a.m. just outside Woods's driveway in one of Orlando's most exclusive suburbs. Woods was the driver as the vehicle had a collision . Woods was described as being briefly unconscious with blood on his lips and mouth. Neighbors called 911 and then rendered outside to render aid while awaiting an ambulance and police.

Continue reading "The Lesson Of The Tiger Woods Criminal Investigation– When Not To Talk To The Police" »

October 31, 2009

Attorney Sam’s Halloween Take: Tales Of Sex Crimes, Death And Salvation

As I write this year’s Halloween Attorney Sam's Take, I know that goblins, vampires and politicians are roaming around outside circling the streets of Salem, Boston and environs. Of course, as I've noted several times, that is not terribly new; it has been going on since October 1st! I had thought of dressing up in costume tonight to scare people as well. Then, I realized that it would be redundant…I’m a lawyer. People already avoid us like the plague.

Last year, I wrote a Halloween blog about the question of witch hunts. We entertained the question of whether or not they were really a thing of the past. We came to the conclusion that they were not. Only the names and faces of the targets have changed.

I don't see any reason to believe that this has changed much over the year. I do think, however, that we have been provided with a good example of how today’s “witches” can finally redeem themselves.

As I was growing up, and then again later when I was in law school, the late Michael Jackson was a beloved superstar. His talents, whether with his brothers or without them, were many and his following was enormous. There have been many public figures in our history who caught our hearts, became beloved and then, finally, were reviled. Granted, Michael seemed to lead the charge in his own publicity downfall. But he did follow the same familiar path. After ensuring himself legendary status, releasing the albums Thriller and Bad, his behavior seemed to become more and more…unusual. As he continued to release masterpieces we heard tales of bidding on the remains of the Elephant Man, sleeping in an oxygen tank and bleaching his skin. Then there was Neverland, kids and sleep-overs. Soon enough, there were blackmail threats and, finally, the criminal prosecution for sex crimes against children. Those of us who were not convinced of his guilt had to admit that simply labeling Michael as “strange” was like calling Hell "tepid"

Continue reading "Attorney Sam’s Halloween Take: Tales Of Sex Crimes, Death And Salvation" »

October 26, 2009

Celebrity Suspect Is Arrested North Of Boston In Drug Sting

Welcome to the year 2009, more than twenty years after 1984, which was the title of a famous book by George Orwell. The book depicted a society where “Big Brother”, the government, was always watching. Ironically, while the show “Big Brother” was not the downfall of Adam J., a 31-year-old PR executive, (hereinafter, the “Defendant”), the government was. It was about a week ago, while in Massachusetts, that he developed the need for a defense attorney.

Big Brother is a CBS reality show that films contestants 24 hours, 7 days a week and makes them evict fellow houseguests one by one for a chance to win the big prize. The Defendant won the money in April 2008. He may not have been evicted then, but he risks being convicted now.

The charge? He is charged with, and has purportedly admitted to, trying to sell 2,000 oxycondone pills to a government informant. He is also said to have admitted that he used his $500,000 Big Brother prize money to purchase the drugs, which he distributed along the east coast for months.

Continue reading "Celebrity Suspect Is Arrested North Of Boston In Drug Sting" »

October 19, 2009

Balloon boy family’s criminal defense lawyer reminds public his clients are innocent until proven guilty

Last week, the nation watched on TV and worried along with the parents of 6-year-old Falcon Heene that the young boy may have floated off in a flying-saucer-like contraption constructed by his father. The escapade was supposed to have reached a happy ending when Falcon was discovered hiding in a box in his home and did not, as some had feared after the runaway balloon landed without him in it, fall to the ground and get hurt.

Following the bizarre incident, the family was barraged by media outlets wanting to interview Richard and Mayumi Heene and their three children. The scrutiny got more intense after young Falcon, when asked on CNN’s Larry King Live why he didn’t respond when he heard his parents calling for him, replied “You guys said we did this for the show.”

The Heenes have explained that Falcon, who is just 6, was confused. He also appears to not have been feeling well considering that the next day he vomited on national television.

Now, police are saying that the Heenes staged the whole misadventure and that criminal charges are likely. Authorities claim they told the media on Friday that they didn’t think the balloon boy story was a hoax because they wanted to maintain the couple’s trust. They called this their “game plan” to find out the truth.

Investigators interviewed Mayumi and Richard, administered polygraph tests, and then looked through their home for phone records, computer records, video footage, and other possible evidence.

Yesterday, the sheriff said possible criminal charges against the couple may include conspiracy, attempting to influence a public servant, contributing to the delinquency of a minor, and filing a false police report. He claims the family staged the hoax in order to promote themselves for a reality TV program. The family has already appeared on ABC's Wife Swap.

The Heene’s criminal defense lawyer has issued a reminder that no charges have yet to be filed against his clients. He noted that just because the sheriff announced that the couple was guilty of hoax does not mean that they actually did anything wrong.

Our Boston criminal defense lawyers believe that anyone accused of committing a crime is entitled to the best defense. Just because you are accused of committing a crime does not mean that you are guilty.

Lawyer: Family in balloon incident 'under siege,' USA Today, October 19, 2009

Balloon boy family feels 'under siege,' lawyer says, CNN, October 19, 2009

Related Web Resources:
Timeline Of Balloon Boy Events, The Denver Channel

Wife Swap

Continue reading "Balloon boy family’s criminal defense lawyer reminds public his clients are innocent until proven guilty" »

October 5, 2009

The Boston Criminal Lawyer Blog Joins The Rest Of The Nation As The Letterman Extortion Case Comes To Court

Last week, Boston joined the rest of the country in watching the revelations of the extortion of David Letterman. Letterman confessed to sexual relationships with staffers on his show and Robert H. (hereinafter, the “Defendant”), standing with his lawyer, pleaded "not guilty" to grand larceny charges and posting $200,000 in bail money.

Ironically, the Defendant is no stranger to crime stories, being a producer for CBS’ true-crime show "48 Hours." Apparently, he has worked for the network for 27 years and has no prior criminal record.

According to the prosecution, the Defendant demanded two million dollars last month in order to prevent the releasing of information about Letterman's sexual exploits with female staffers. Trying to disguise the blackmail note as a screenplay treatment, the note opined that Letterman's world would "collapse around him" when information about his private life was disclosed, leading to "a ruined reputation" and damaging his professional and family life.

Rather than simply giving in to the extortion plot, Letterman is said to have contacted his lawyer who arranged a meeting with the Defendant wherein the Defendant demanded $2 million to keep the material secret. After the meeting, law enforcement was contacted and the investigation began.

Continue reading "The Boston Criminal Lawyer Blog Joins The Rest Of The Nation As The Letterman Extortion Case Comes To Court" »

September 29, 2009

Roman Polanski Says He Will Fight US Extradition for Sex with a Minor Charge

Renowned film director Roman Polanski says he intends to fight efforts to extradite him to the United States on charges that he had sex with a minor in 1977. The 76-year-old filmmaker was apprehended in Switzerland last Saturday where he had arrived to accept a lifetime achievement award that the Zurich Film Festival was going to bestow upon him.

Polanski has been living in exile from the US since he left the country rather than be sentenced for pleading guilty to unlawful sex with a minor. Samantha Geimer, then 13, had accused the director of giving her champagne and a portion of a Quaalude pill before raping her. Although initially indicted on six felony counts, the other charges (which could have resulted in a lifetime prison sentence) were dropped after he entered his guilty plea.

Polanski served 42 days in prison and underwent an evaluation. Despite agreeing on a sentence, allegations have been made that the judge tried to go back on the plea agreement. Polanski then fled the country.

Geimer, now 45, has publicly forgiven Polanski. Earlier this year, Geimer submitted a a formal request to prosecutors that they drop the charges against the filmmaker. She and her family don't want to keep reliving the assault every time the media reports on the incident.

While France does not extradite its citizens, Switzerland does not provide such protections from international warrants. This was not, however, Polanski’s first visit to Switzerland. He owns a ski residence in Gstaad. California authorities reportedly have been engineering the filmmaker’s arrest ever since discovering he was going to the festival.

French Foreign Minister Bernard Kouchner is asking that Polanski be granted bail. Swiss authorities say that as long as Polanski agrees to stay in the country, he could be released on bail. France and Poland are in an uproar over Polanski’s arrest.

Roman Polanski's victim Samantha Geimer, now 45, 'got over it long ago,' New York Daily News, September 28, 2009

Polanski's Attorney Says He Will Fight Extradition to U.S., Washington Post, September 28, 2009


Related Web Resources:
Roman Polanski, IMDB

Polanski's arrest could be his path to freedom, AP, September 27, 2009

Continue reading "Roman Polanski Says He Will Fight US Extradition for Sex with a Minor Charge" »

September 10, 2009

Attorney Sam's Take: Can The Beatles Get You Arrested For Domestic Violence Or Other Crimes?

First of all, allow me to establish that I am an ardent Beatles fan. Second, let me confess that I have been imbedded in the criminal justice system for about a quarter of a century. As such, there is a certain type of “ear” that I have developed over the years to pick up criminal-justice-related tidbits.

Yesterday, there was a lot of Beatles activity…pretty impressive given that the band disbanded almost 50 years ago. Topping the list of newly released items were a video game and a box set of all the original releases on remastered cds packaged together with video “mini-documentaries”. Naturally, I played the part of consumer. Then, as I contemplated the weekly “Attorney Sam” feature of this daily blog, some of the Beatles’ lyrics came back to me.

There are obvious crime-related Beatles songs. “Maxwell’s Silver Hammer” is such an example. In it, a handful of murders are conducted by our young hero with the aid of his trusty silver weapon which he manages to smuggle in everywhere, including school, court and the local police station. Of course, on the other side of the law, there is “Lovely Rita”. Here, the singer is courting (no pun intended) a meter maid.

The Beatles’ rock ‘n roll view of romance is particular interest. “Why Don’t We Do It In The Road” comes to mind, for example. It could, I suppose be simply walking and whistling a happy tune that the fad four are suggesting, but most people think they are talking about something a bit more sexual in nature. Clearly not a good suggestion. Assuming that one survived the oncoming traffic, one would soon be arrested and prosecuted for a host of criminal acts which fall under the purview of the sexual offender registry. Of course, speaking of which, the song “Little Child”, wherein the singer, who is “sad and lonely” asks a young thing to “take a chance” on him would also interest many prosecutors. Of course, he is suggesting that they only dance…!

I can see the Commonwewlth's sexual assault expert now testifying that "things like 'dancing' are simply a ruse used by the offender who gains the child's trust...!"

Continue reading "Attorney Sam's Take: Can The Beatles Get You Arrested For Domestic Violence Or Other Crimes?" »

September 8, 2009

Child Pornography Arrest To End In Guilty Plea In Boston Federal Court

Yesterday’s Boston Herald signaled the end to the saga of former sportscaster Bob Gamere’s (hereinafter, the “Defendant”) in federal court which was co-hosted by federal prosecuting attorneys.

Apparently, he is expected to plead guilty to child pornography charges.

The Defendant was charged last October with two counts of transporting child pornography videos and one count of possessing child pornography. Specifically, he is accused of using his home computer to send multiple people e-mails with child pornography videos attached.

The trial had been scheduled to begin tomorrow in U.S. District Court. However, a change-of-plea hearing has been scheduled for today.

The evidence against the Defendant had included the alleged prohibited materials as well as statements that the he is said to have made to law enforcement. The materials were seized from his apartment in 2007. Attempts to suppress their seizure have failed.

Continue reading "Child Pornography Arrest To End In Guilty Plea In Boston Federal Court " »

September 7, 2009

San Diego Chargers Linebacker Shawne Merriman Arrested During Alleged Domestic Violence Dispute with Girlfriend Tila Tequila

The criminal defense attorney for Shawne Merriman, the star linebacker for the San Diego Chargers, says that the domestic violence allegations against his client are unmerited. Merriman, 25, was arrested early yesterday on suspicion of restraining and choking Tila Tequila, the former MTV star of the popular reality dating series "A Shot at Love with Tila Tequila.”

Police reportedly were responding to a call by a woman who said she’d been choked and restrained. The woman, who identified herself as Tila Nguyen (Tila Tequila), identified Merriman as the person who choked her when she tried to leave his home.

Nguyen, 27, signed a citizen’s arrest, and Merriman was brought in on suspicion of false imprisonment and battery. Even though police did not see any injuries on her, she asked to be taken to a hospital.

Merriman’s attorney, however, says that Merriman was in fact trying to protect Tequila, who was very “intoxicated and inebriated,” from leaving. The NFL football player wanted to make arrangements so that she could get home safely. The lawyer says that Merriman never assaulted the reality star and did not restrain her against her will. Merriman’s attorney says that there were witnesses at the football player’s home who can corroborate his client’s account of the incident. Later Sunday, Merriman was released from jail.

Meantime, Nguyen posted on her Twitter page that she was not drunk and is actually allergic to alcohol despite her famous celebrity name.

Domestic Violence
Allegations of domestic violence disputes are taken very seriously in the state of Massachusetts. You don’t have to be a husband or the wife to be charged with a domestic violence crime. People in domestic partnerships, boyfriend-girlfriend relationships, former spouses, and family members can be arrested for domestic violence involving alleged physical assault, sexual assault, kidnapping, and other forms of violence.

Boston police must arrest anyone accused of Massachusetts domestic violence. Even if you are not guilty, becoming a suspect of domestic violence can taint your reputation and cause damage to your career or personal life.

Merriman Denies Allegations, Washington Post, September 7, 2009

Tila Tequila denies being drunk during Merriman incident, CNN, September 7, 2009

Related Web Resources:
Massachusetts Law About Domestic Violence

Domestic Violence, Justia

Continue reading "San Diego Chargers Linebacker Shawne Merriman Arrested During Alleged Domestic Violence Dispute with Girlfriend Tila Tequila" »

August 26, 2009

Singer Chris Brown Sentenced to Five Years Probation for Assaulting Rihanna During Domestic Violence Dispute

R & B singer Chris Brown has been ordered to serve five years’ probation, in addition to six months of community labor and one-year of domestic violence abuse counseling, for assaulting performer Rihanna. If he violates the terms of his probation, Los Angeles Superior Court Judge Patricia Schnegg told the performer he could be sent to state prison.

Brown was arrested last February following an altercation with then-girlfriend Rihanna. Police were summoned after someone heard her screaming for help. Brown is accused of physically attacking her while they were riding in a sports car during a verbal dispute. He is accused of punching her, placing her in a headlock, and threatening to beat and kill her.

Rihanna did not press criminal charges against Brown, who was charged with felony battery and making criminal threats over their domestic violence dispute. He had initially pleaded not guilty to the charges and could have been ordered to serve five years in prison if convicted.

In June, he pleaded guilty to the charge of felony assault. Schnegg ordered Rihanna and Brown to stay away from each other.

Per the terms of Brown’s plea agreement, the singer is not allowed to go near Rihanna for five years. He will serve his sentence in Virginia. Richmond’s police chief will supervise the singer’s community labor. The making criminal threats charge has been dropped.

Brown will have to check in with a probation officer and see Schnegg every three months. He will return to her courtroom in November.

Massachusetts Domestic Violence
Regardless of whether or not serious physical bodily harm occurred, the state of Massachusetts considers allegations of domestic violence a serious matter. Police are supposed to arrest anyone who is accused of committing this offense.

These criminal charges cannot be combated without the help of an experienced Boston criminal defense law firm.

Chris Brown sentenced in Rihanna assault case, Boston Herald, August 25, 2009

Chris Brown pleads guilty in Rihanna assault case, CNN, June 23, 2009


Related Web Resources:
Massachusetts Law About Domestic Violence

Celebrities and Domestic Violence