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.

August 11, 2010

Celebrity Criminal Cases: Charlie Sheen Pleads Guilty to Misdemeanor Third-Degree Assault and Lindsey Lohan Goes to Rehab After Serving Jail Time for Violating Probation for DUI

Unlike most nonfamous civilians, when a celebrity is charged with a crime, the case tends to make national headlines. In recent celebrity news, TV actor Charlie Sheen reached a plea agreement to resolve the domestic violence charges against him.

The 44-year-old actor was initially charged with second-degree assault and menacing and criminal mischief last December following an altercation with wife Brooke Mueller. Under the plea deal, Sheen is pleading guilty to a misdemeanor third-degree assault count and will serve his 30-day jail term in a Malibu jail. He must also attend rehabilitation. Time that the actor has already spent in rehab will be factored into his sentence.

Sheen must also complete 36 hours of domestic violence treatment and three months of unsupervised probation. The actor’s sentence will allow him to return to the set of his show "Two and a Half Men" in time for filming of the new season.

In another celebrity criminal case, actress Lindsey Lohan was released from jail after serving 13 days of a 90-day sentence. She was immediately sent to rehab. TMZ says she is being treated for an amphetamine addiction and for bipolar disorder.

Lohan had violated probation for a 2007 drunk driving charge because she did not show up for alcohol education classes. Her jail sentence was reduced because of an early-release program that combats overcrowding in the Los Angeles jail system and for good behavior. The 24-year-old movie star has admitted that she has an alcohol and drug problem.

Charlie Sheen to serve Aspen 'jail' term in Malibu rehab, CNN, August 4, 2010

Lindsay Lohan Released From Jail Into Rehab, ABC News, August 2, 2010

Charlie Sheen arrested on felony charges in Aspen, Colo., Los Angeles Times, December 25, 2009

Related Web Resources:
Celebrity Crimes, Yahoo News

Plea bargain, Cornell University Law School

Massachusetts Probation Service Fact Sheet, The Massachusetts Court System

Continue reading "Celebrity Criminal Cases: Charlie Sheen Pleads Guilty to Misdemeanor Third-Degree Assault and Lindsey Lohan Goes to Rehab After Serving Jail Time for Violating Probation for DUI " »

July 7, 2010

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

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" »

May 22, 2010

Former TV Chef Pleads Not Guilty to Criminal Charge that He Attempted to Have His Wife Murdered

Chef, former Food Network personality, and cookbook author Juan-Carlos Cruz has pleaded not guilty to charges of attempted murder and solicitation to commit murder. Cruz is accused of trying to kill his wife Jennifer Campbell.

According to investigators, Cruz solicited two homeless men, David Walters and David Carrington, and tried to hire them to murder his kill Campbell. However, those close to Cruz are painting a different picture of the former TV host of the show “Calorie Commando.”

Two sources who know Cruz and Campbell say that the couple had been trying to have a child for 20 years. They even underwent fertility treatments that had proved unsuccessful. One of the sources said that Campbell had talked about killing herself but that as a Catholic she considered suicide a sin.

Another friend of Cruz’s, Amy Reiley, says the charges against him don’t make sense. Reiley is the co-author of Cruz’s book The Love Diet.” She told the Associated Press that in addition to having worked with him intensively for the last nine months she has known him for six years. Reiley describes Cruz as a doting husband.

Cruz was arrested after one of the homeless men that he allegedly approached told the authorities about their conversation. The chef remains behind bars in lieu of $2 million in bail. If convicted, Cruz could receive a lifetime prison term.

Former TV chef pleads not guilty to trying to have wife killed, Los Angeles TImes, May 18, 2010

Sources: Inability to have child behind TV chef's murder scheme, CNN, May 19, 2010

Chef accused in murder plot seen as doting husband, AP/Google, May 20, 2010


Related Web Resource:
Juan-Carlos Cruz

Continue reading "Former TV Chef Pleads Not Guilty to Criminal Charge that He Attempted to Have His Wife Murdered" »

April 21, 2010

Cameron Douglas, Son of Michael Douglas, Gets Reduced Sentence of Five Years in Prison for Drug Conviction

Cameron Douglas, the eldest son of movie star Michael Douglas, is sentenced to five years in prison sentence. Earlier this year, the 31-year-old had pleaded guilty to distributing large quantities of methamphetamine and cocaine.

Although Cameron’s drug crime conviction comes with a minimum 10-year prison sentence, his father, mother, stepmother Catherine Zeta-Jones, grandfather Kirk Douglas, and other family members wrote to the court asking that the judge show leniency and reduce the young actor’s criminal sentence.

In a letter to the judge, Michael Douglas explained that his family had a history of alcohol and drug abuse and that being the son of a movie star dad undoubtedly created added pressures in Cameron's life. The 65-year-old actor also noted that his son, who has been in jail for the last 8 months, is now sober.

Cameron was arrested last year after a drug raid was conducted on his New York hotel room. According to investigators, he was paid tens of thousands of dollars to traffic methamphetamine across the US. He used shippers to conduct the transactions.

Because Cameron had cooperated with authorities, the length of his prison term didn’t have to meet the mandatory minimum sentencing requirement. The judge, who had discretion in the matter, decided to reduce the actor's sentence.

Massachusetts Drug Crimes
It is so important that you are a represented by a Boston drug crimes law firm that can successfully defend you. There may be evidence that can be suppressed or dismissed, charges that need to be dropped, plea agreements that can be made in your favor, a not guilty verdict that can be won, or a prison sentence that can be reduced.

Cameron Douglas Sentenced to Five Years in Jail, ABC News, April 20, 2010

Cameron Douglas Pleads Guilty to Meth Rap, CBS News, January 28, 2010


Related Web Resources:
Drug-Related Crime, WHite House Drug Policy

Drug Crimes, Justia

Continue reading "Cameron Douglas, Son of Michael Douglas, Gets Reduced Sentence of Five Years in Prison for Drug Conviction " »

April 18, 2010

Nancy Kerrigan’s Brother Enters Not Guilty Plea to Manslaughter Charge Over His Father’s Death

Mark Kerrigan, 45, has pleaded not guilty to the criminal charge of Massachusetts manslaughter. Mark is the brother of figure skating champion Nancy Kerrigan. Their dad, 70-year-old Daniel, died following an altercation with Mark at their Stoneham residence. The Kerrigans are adamant that Mark should not be blamed for his father’s death. They say that he should never have been indicted, and they want him to come home.

Mark’s Boston criminal defense lawyer says that Daniel died not because of his argument with his son but because he was having heart problems. The elder Kerrigan had clogged arteries and high blood pressure.

Prosecutors, however, claim otherwise. They say that Mark flew into a drunken fury during a dispute with his dad about using the telephone. They are accusing the 45-year-old of pushing his father, fracturing the elderly Kerrigan’s larynx, and causing him to fall onto his ground. A state medical examiner declared "cardiac dysrhythmia” as Daniel’s cause of death.

While prosecutors worry that releasing Mark into the care of Brenda Kerrigan, his mom, would endanger her, his Boston manslaughter attorney calls the concern “absurd” and an obvious effort to “poison public opinion” against her client. Mark’s Massachusetts criminal defense lawyer also contends that Daniel’s fractured larynix may have been a pre-existing injury rather than as a result of their dispute. She also expressed concern that her client was being portrayed as a violent alcoholic.

Mark, an unemployed plumber, has a criminal record involving convictions for assault and battery, drunk driving, a restraining order violation, resisting arrest, and domestic assaults. He was also being treated for post-traumatic stress syndrome and received psychiatric help.

Kerrigan returns home to mother, Boston.com, April 10, 2010

Kerrigan brother pleads not guilty to manslaughter, AP, April 9, 2010

Related Web Resources:
Nancy Kerrigan's Father Dead, Brother Arrested, ABC News, January 25, 2010

The General Laws of Massachusetts

Continue reading "Nancy Kerrigan’s Brother Enters Not Guilty Plea to Manslaughter Charge Over His Father’s Death" »

March 16, 2010

Scooby Doo Named In Ongoing Boston-Area Drug Investigation - Experienced Defense Attorney Needed

I live in the Boston area and, as I have mentioned from time to time, have kids. When I am not “fighting the good fight”, I try to spend some time with them. In this day and age, that will include some television. One of the shows we watch actually began when I was a kid…Scooby Doo.

Well, if your kids also watch the show, I suggest you hide today’s blog from them lest they lose all hope.

While on TV, Scooby is a hero, I have found a news story to shake the foundation of childhood fantasy.

Scooby has been arrested for heroin dealing.

Continue reading "Scooby Doo Named In Ongoing Boston-Area Drug Investigation - Experienced Defense Attorney Needed" »

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" »