Boston Criminal Lawyer Blog

This week in the Boston Criminal Lawyer Blog, we have touched upon various issues involving Massachusetts search and seizure. Since I started this daily blog, I have warned you that, when performing a criminal investigation, police officers are allowed to mislead and, indeed lie, to a suspect.

A short time ago, this was confirmed in a case entitled Commonwealth v. Tremblay.

In this case, Mark D. Tremblay (hereinafter the “Defendant”), owned a house next door to Mr. Harold Nelson , whose home was adjacent to a lake in Chelmsford. Mr. Nelson was the owner of a twenty-foot Bayliner boat. On April 27, 2002, the boat the boat erupted in flames. The fire caused extensive damage to the vessel, and investigators concluded that it had been intentionally set.

The Defendant became the prime suspect during the resulting arson investigation.
Naturally, the Defendant was questioned during the investigation. However, the Defendant made the typical mistake that would be fatal to his defense. He believed what the police wanted him to believe. They told him that the statements he was to give were “off the record”. Apparently mistaking the interrogation for a press interview, the Defendant made inculpatory statements.

The Defendant was indicted and brought to trial. His attorney brought a motion to suppress the statements, claiming that the statements were involuntary because they were made with the understanding that they were made “off the record”. The lower court disagreed. The Defendant was convicted.

The Defendant appealed his conviction and the Appeals Court agreed with the trial court. And, now, finally, the Supreme Judicial Court has agreed with both lower courts.

Seems to me the Defendant could have saved alot of time, money and trouble if he had simply read this daily blog.

Attorney Sam’s Take On Search And Seizure And Police Investigations

In the end, we turn to a jury or judge (usually a jury) to determine guilt or innocence. As an experienced Boston criminal lawyer, I can tell you that the system basically sees this as a “no harm, no foul” situation. In other words, if a defendant is found “not guilty”, then no harm has been done, right?

Continue reading "Boston’s SJC Upholds Misleading Police Interrogations In Massachusetts Criminal Investigations" »

Sometimes, as most police agencies know, things are not simply what they appear to be.

Take the case of Louis Gersh (hereinafter, the “Defendant”) for example. The Defendant ran a second-hand store on Warren Street in Arlington. Little did he know, however, he had been under a Massachusetts criminal investigation for the past month. He found out last week when he was arrested for Massachusetts heroin-related crimes. Theft-related charges to follow.
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It was a joint investigation between Arlington and Somerville police. It included use of an undercover officer to gather evidence as well as information gained in connection to another arrest, made weeks ago, on the Concord Turnpike. It culminated in a search warrant. According to Arlington Police Captain Richard Flynn, law enforcement seized a “large amount of heroin” after executing the search warrant on the business, called “On Line Sales”, owned by the Defendant.

However, this entrepreneurship=gone-wrong does not end there.

The Defendant also allegedly runs an online auction site that is headquartered at said business. The Commonwealth claims that this is actually a clearinghouse for stolen merchandise.

Law enforcement credits the neighborhood with suspicion about the Defendant’s businesses. Ryan explains that “The neighborhood in East Arlington on Warren Street has really been very concerned about the presence of his storefront,” Apparently, a “stream of seedy people” was seen coming and going from the storefront.

The Defendant, arrested Thursday night, now faces charges of a class A drug distribution, as well as separate charges for doing so within a designated school zone.

Flynn said police might file additional charges of receiving stolen property against the Defendant, based on the search at his business. He claims that, “We’ve taken so much stolen merchandise out of there, it’s unbelievable”.

Attorney Sam’s Take On Criminal Investigations And Unlikely Targets

To say that the Defendant needs an experienced criminal defense attorney is to suggest the obvious. And yet, it is likely that he had no idea that he would be in this predicament.

Continue reading "Arlington Man Needs An Experienced Criminal Defense Lawyer To Face Drug And Stolen Merchandise Charges After Criminal Investigation" »

Massachusett’s top judges, the Supreme Judicial court, among others, (hereinafter, the “Judges”) are based in Boston. And they are not happy. Angered at the budget cuts approved Monday, they have urged Governor Deval Patrick to stop appointing new judges as they now already have to close 11 courthouses and lay off many employees.

In a strongly worded statement, the Judges say that said budget jeopardizes the right of every person, guaranteed by the Massachusetts Constitution, to swift justice.

“We make this request . . . with great reluctance and deep regret,’’ the Judges wrote. “The people of Massachusetts deserve better. But the fiscal jeopardy into which the operation of the Trial Court has been placed demands extraordinary action.’’

The governor’s legal counsel, Mark Reilly, has issued a statement calling the Judges’ pronouncements “confusing at best.’’ He has rejected their request that the governor stop appointing judges.

“I do think we have a crisis,’’ Representative Eugene L. O’Flaherty, a Chelsea Democrat said. “I disagree with the solution that is proffered by the court.’’

Michael W. Morrissey, a former state senator who became a prosecutor this year, believes that closing courthouses is short-sighted. He said moving criminal trials out of the Brookline court, for example, would endanger community programs that work closely with the court and with the local police.

“It isn’t just a case of appearing in court,’’ Morrissey said. “It’s the layers of support you have around you.’’

Attorney Sam’s Take On Lack Of Justice...Swift Or Otherwise

As I prepared to write today’s blog, I happened upon some comments posted by readers of Boston.com. Naturally, this led to my adding my own two cents. Many of said commentators seemed to be of the opinion that the Judges are on the right track. In fact, they went a bit further. They suggested that all the courts get closed down because their perception is that these institutions of Justice accomplish nothing close to Justice.

Naturally, if you have no courts, you don’t have much need for judges.

You can scoff at the anger toward the criminal (and, I would imagine, civil) justice system. Of course, you can scoff at a lot of opinions and realities. One might argue, though, that simple blind criticism without any thought to realistic solutions is how we got in this mess in the first place.

Continue reading "Boston’s Top Judges Move To Close MA Courthouses And Limit Judges " »

South Bosotn’s Whitey Buldger’s new attorney, J.W. Carney, Jr., has been heard explaining to the media that the government has had 20 years to prepare his client’s case for trial and that he has had the matter for (at the time) 5 days. From Boston’s Federal District Court to school disciplinary hearings, we have discussed the existence of an unequal playing field facing you when the finger of accusation comes to call.

Let’s end the week with one more example, shall we?

The Boston Globe reports that it has obtained a police an Internal Affairs Division report about a police officer involved in what has been called one of the most notorious police brutality cases in the city’s history. The matter stems from a 2009 arrest in the North End. The officer, David C. Williams (hereinafter, the “Officer”) has been placed on paid administrative leave for lying during the department’s investigation into the incident.

In 1999, the Officer was fired from the force after being implicated in the racially charged 1995 beating of an undercover police officer. He was then reinstated with nearly $550,000 in back pay after a civil service arbitration in 2005.

In the instant matter, the Officer faces the possibility of losing his job under Police Commissioner Edward F. Davis’s nearly 19-month-old policy of dismissing officers who lie in the line of duty, to internal affairs investigators, or in court (aka what would be called "perjury" if a non-officer did it.

The Officer’s attorney insists his client told the truth about the 2009 North End arrest. “He’s absolutely testified honestly and truthfully about the incident that occurred,’’ his lawyer explains . “Any conflicts about the incident were the result of a fast and rapidly evolving incident.’’

Do you find it odd that such claims are supposed to be believed when made on behalf of a police officer by his officer, yet not for the rest of you?

Anything wrong with that?

At any rate, the Officer is appealing the finding. A hearing is scheduled for later this month.

Attorney Sam’s Take On The On-Again/Off-Again Relationship Between Law Enforcement And The Truth

The relationship between police officers, or federal agents, and objective factual truth tends to be a bit tumultuous. Whether it is a good day or a bad day in said relationship, be assured that it is a different relationship than the law provides for you.

This case demonstrates this fact brilliantly.

For example, you would be prosecuted for perjury.

Continue reading "Boston Police Officer Allegedly Lies To Police Investigators And Faces No Criminal Charges" »

IF you thought you heard me weighing in on wbz radio yesterday about my last blog's subjected matter...you were right.

All afternoon long!

Somehow, issues like the right to counsel is important to me. No matter what we think of a particular criminal defendant.

And this defendant, although fascinating, is not very well-loved.

The orange jump-suited Whitey Bulger (hereinafter, the "Defendant") was brought once again to Boston's federal court yesterday afternoon via an escort that one would expect would be reserved for a comic book super villain, or at least the late Osama Bin Laden. With security in and around the building, the Defendant found himself surrounded by familiar faces.

There was, for example, the Donahue family...wife and son of one of the Defendant's alleged victims. They are vowing to attend as many of the proceedings as possible.

Also, there was the so-called “provisional attorney” who has been appointed to represent the Defendant until someone else, private or court-appointed, takes over.

Also, a small bevy of lawyers were there…waiting in the wings to potentially become associated with this high-publicity criminal matter.

One person we know was not there.

That would be Brother Billy. Perhaps that had something to do with the fact that the government is trying to dip into his pockets to find monies that may arguably belong to the Defendant.

Earlier, federal prosecutors had moved to drop the 1994 racketeering indictment against Bulger in order, so they said, to focus on the later indictment that charged the Defendant for other crimes…such as 19 Massachusetts homicides.

In its papers, U.S. Attorney Carmen Ortiz said that prosecutors consider the later 1999 indictment charging the Defendant with 19 murders to be the stronger case.

This is true. The Defendant faces life in prison, or death, on those charges. Further, even if the court were to forget that the Defendant had been “on the lam” for so long, it would not likely grant any chance of bail in the homicide cases.

This move brings a new wrinkle to the genesis of what already promises to be a long drawn out legal drama. You see, the Defendant has to decide whether to accept the dismissal or still try to force the government’s hand to prove him guilty.

What the government’s motion did do was to postpone the decision on whether the Defendant will receive court appointed counsel. As you may recall from Monday’s blog, the Defendant is saying that, without access to the monies that the government has already taken from him, he cannot afford to hire counsel.

The government is basically setting precedent by weighing in on the subject, arguing that there are other means by which the Defendant can procure counsel.

And so, aside from all expectations of an afternoon of legal action…nothing really got done. Instead, a new time-table was set by the court which is now to play out (at the moment, at least) this week.

Attorney Sam's Take On Prosecutorial Investigations And Even Playing Fields

In the criminal justice system, whether it be state or federal, we like to fantasize that both sides have equal footing.

Continue reading "A Boston Criminal lawyer Watches Whitey Bulger Case's Initial Theatrics" »

I have often told you that the days in which the only people who have to worry about getting investigated or charged with wrongdoing was one of “Them” are long over. Them would be the “typical” criminal-type who spends his or her life engaging in criminal activity. Clearly, these are people who know upon each waking day that the day’s activities may well end with them in government custody.

I don’t think that Paul Brasco, president of the Waltham City Council, and Paul Tracey, a Waltham police officer, (collectively, the “Accused”) expected that they would suddenly find themselves subjects of an internal affairs investigation. Further, they probably never expected that said investigation would result in a request to the United States Attorney’s Office to look into bringing federal charges against them.

Yet, that is what has happened.

A tenant of Mr. Basco’s, 33-year-old Edgar Gonzalez, 33, (hereinafter, the “Tenant”) says that the Accused improperly threatened him with deportation during a visit back in February. As a result, he says that his civil rights were violated. The resulting investigations have found against the Accused. The Tenant is now asking the US Attorney to take action.

Brasco tells a sharply different story, saying that Gonzalez has no lease and is squatting on his property and that at no time did he and the officer threaten Tenant with deportation. He did, he says, only warn that he would be served with a notice of eviction within 24 hours.
Officer Tracey, may face disciplinary action after the internal investigation found he appears to have violated department policy by accompanying Brasco.

Tenant said through an interpreter yesterday that he had stopped paying rent because of malfunctioning lighting and heating in the apartment. He said that he is Guatemalan and that he has lived in Waltham for 18 years, but he declined to comment on whether he is a legal resident.

Brasco said he called Tracey because the officer is his neighbor and friend. Brasco said it was late in the evening, and he wanted to find out who was on his property so he could follow through with eviction proceedings. When his property management company could not send someone with him to the apartment, Brasco said, he asked Tracey, who was on duty, to meet him there.

Attorney Sam’s Take On Criminal Allegations And Free Speech

First of all, before you indulge your Constitutional Right to free speech argument, understand that your speech is not quite so free.

Continue reading "Waltham City Councilman And Police Officer Face Allegations Of Threats" »

Do you still wonder why Massachusetts law enforcement come in with a strong need to maintain control of a situation when dealing with a Boston domestic violence call? Maybe today’s blog will convince you.

Meet Boston police officer Shawn Marando, hereinafter, the “Officer”, 13-year veteran and an officer who teaches women how to defend themselves . Earlier this week, he was about to finish his overnight shift when a call came in from a Dorchester woman who said that her boyfriend had assaulted and threatened to kill her. The Officer went to answer the call.

Minutes later, the Officer, and two other officers, arrived at the scene to find said boyfriend, 25-year-old Tyrone Cummings (hereinafter, the “Defendant”) and a the caller’s sister. According to the Commonwealth, the Defendant reacted by firing a gun at the Officer, striking him in the calf.

So much for retaining control of the situation.

The Officer and another officer fired back, hitting the Defendant several times in the chest. The sister was hit in the leg.

Believe it or not, all were expected to survive.

“As this incident demonstrates, there is no such thing as a routine call,’’ Police Commissioner Edward F. Davis said. “It’s clearly our worst-case scenario.’’

This marks the third time since November that a Massachusetts officer has been shot in the line of duty.

Attorney Sam’s Take On Massachusetts Shootings, Domestic Violence And Police Response

So…did the police over-react by firing back so much? After all, the Defendant was hit a number of times in the chest, which one would have expected to kill him. Not only that, but the sister, assumedly an innocent bystander, was also hit.

Continue reading "Dorchester Domestic Violence Call Turns To Multiple Shooting And Arrest" »

Last week, we discussed the recent melee that occurred at Boston’s Carson Beach.

What really transpired depends on who you ask.

If you ask the Massachusetts State Police, you will hear tales of Boston gang-related violence. You might imagine you would hear of Massachusetts weapons like guns, knives or, at least, pepper spray being used. Of course, in the aftermath, you would, however, hear the only weaponry at the location were the batons used by law enforcement.

On the other hand, the local Boston police will tell you of, at worst, multiple plain ol’ Boston assaults taking place. Simply, a bunch of fights coincidently taking place at the same time and place…until the state police came in, that is, and really shook up the place.

The donnybrook is said to have marred an otherwise perfect day for beachgoers, many of whom soldiered on with their own more civil holiday weekend festivities.

Boston EMS supervisor on scene said no injuries were reported.

Attorney Sam’s Take On Police Confusion And Trial Strategy

We have often discussed that it is a mistake to engage police officers when they come to question you. Trying to out-reason, out-shout, out-run or out-fight is a bad idea; it will only make matters worse…for you.

There are many reasons why police need to retain absolute control over a potential crime scene.

Continue reading "A Boston Criminal Defense Attorney Looks At Carson Beach, Police And Criminal Trials (Part 2 of 2)" »

It is not every day that we see law enforcement respond to a melee with yey more confusion. It would appear, however, that this is what happened at the recent Carson Beach South Boston assault and battery happenings this past weekend.

in fact., while the state police opine that the violence was caused by rival street gangs, it may be that the only rivalry involved is between police organizations.

The State Police have described tthat heir response to Carson Beach, which is located only minutes from their South Boston barracks, was caused because of the report of a fight between two rival gangs. Now, the Boston Police question whether rival gangs were involved at all.

Meanwhile, no dangerous weapons were confiscated over the weekend and there were no serious injuries reported during the flare-ups, which also occurred in the area around Savin Hill, Malibu Beach, and Pleasure Bay.

Not usually the case with gang violence.

Continue reading "Boston’s Carson Beach Causes Confusion Among Law Enforcement Agencies (Part 1 of 2)" »

Yesterday, we began our discussion about the Littleton coach (hereinafter, the “Defendant”) who had apparently lied before a Grand Jury when summoned to testify in connection with an ongoing Middlesex County rape investigation.

As we discussed, and it certainly deserves repeating, lying to authorities about an ongoing investigation, either under oath or not, is a crime. The only thing that changes is which crime it is going to be.

In this case, the apparent lies were spoken under oath. In the Grand Jury, witnesses are sworn in and questioned by a prosecutor about whatever is being investigated. To lie while under oath is the crime of perjury.

The Defendant was questioned about, among other things, whether he had committed certain crimes such as providing alcohol to minors. He denied having done so.
The government decided that the Defendant had committed perjury because his testimony, albeit self-serving, was contradicted by other witnesses.

To me, this brings about a couple of troubling questions.

Continue reading "Middlesex County Perjury Case, Littleton Lies And The United States Constitution" »

We have discussed it many times before, but the message still is not really out. Take it to heart –tell your friends-put up flyers- there is absolutely a different standard between you and police officers when it comes to telling the truth! They can lie all they want...that is regarded as
“good police work”

You can refuse to talk to them, or, better yet, buy time to talk to an experienced MA criminal defense attorney, but you cannot lie to them. That is called a Massachusetts feloney.

Enter former gym owner Stephen DiTullio (hereinafter, the “Defendant”). This Littleton gentleman was summonsed to a Middlesex County Grand Jury during an ongoing Middlesex County criminal investigation.

The investigation was into allegations of Massachusetts rapes of underage gymnasts by their coach, Steven Infante (hereinafter, the “Sex Offender”). The Sex Offender was found guilty in his own trial on the sex crimes last May.

Continue reading "Littleton Coach Is Sent To Jail For Middlesex County Perjury During Rape Investigation" »

Two Roxbury teenagers, their friends, supporters and detractors appeared in Roxbury District Court yesterday. The event at issue was the MBTA bus debacle from earlier in the week. I would say it was one in a few MBTA recent debacles, but I suppose that would be unkind.

Felix Garcia, 18, and Michael Baptista, 19, (collectively, the “Defendants”) were arraigned on charges of interfering with a bus driver and assault and battery on a public employee. Bottom line? A case for experienced Boston assault and battery attorneys.

You have probably already heard the allegations put forth by the Commonwealth. The bus driver claims that he merely asked the teens to put out their cigarettes and they refused, instead opting for another option, namely, attacking the driver, perhaps verbally. However, words ended up changing to fists before the event was over and, finally, it ended when the bus smashed into the wall of a building.

By the time the arraignment was completed, one of the Defendants was released on his own recognizance and the other was held because he had pending charges for which he had been out on bail. As we have discussed, getting charged with a new crime while out on bail, or on one’s own recognizance, is considered a Massachusetts bail violation and can result in being held without bail for up to 60 days..regardless of the bail set for the new case.

Continue reading "Roxbury Teens And Their Lawyers Report Different Facts In Court About Boston MBTA Assault And Battery" »

Seventeen years ago, an unspeakable tragedy happened. It began with the disappearance of a 10-year-old-girl named Holly Piranien. It ended with news of a Sturbridge kidnapping and, apparently, a Brimfield murder. Holly had gone out to play with kittens while her family was on vacation. Her skeletal remains were found months later approximately 5 miles away from where she disappeared.

The Grafton family waited with hope as the criminal investigation began. First step was to find Holly. After they found what remained of the young girl, the search continued so as to find her killer.

The case was never solved.

Family, friends and law enforcement have not forgotten Holly, however. In fact, a billboard along Interstate 93 in Medford stands, asking for any clues that might be available at this late date.

"Justice needs to be served so this criminal does not strike again," Carla Piranien Bourassa, Holly's aunt said in a statement.

Continue reading "MA State Police Still Investigate The Kidnapping And Murder Of Grafton’s Holly Piranien" »

We have discussed the matter of witness intimidation many times on this blog. This blog’s main purpose is to peel back the curtain of mystery on our criminal justice system and how it impacts you. For example, I have often pointed out how broad a law may be applied in court. Intimidation of a Witness is one such law.

Of course, you are unlikely to feel that Dorchester resident Trevor A. Watson, 44 (hereinafter, the “Defendant”) is a victim of confusion. He was sentenced last week to 30 years in prison for such a crime. Actually, he took it a bit further than what we usually see, apparently. He was convicted of trying to actually murder a federal informant.

I would expect that we all understand that doing something like that is illegal...on a number of fronts.

The case stems back a few years. The year 2000 in fact. Apparently, a cocaine trafficking investigation was ongoing against the Defendant by federal agents. Apparently unwilling to keep his defense to within the allowable guidelines, he went after one of the informants. “Went after” in this case means “stabbing around 10 times, causing damage to various organs”. According to the government, perhaps in an effort to eliminate any doubt, the Defendant made comments during the stabbing, such as, “You talking, huh? You telling?’’

And so it was that the Defendant and an associate were awarded criminal charges other than drug trafficking...namely attempted murder.

Continue reading "Dorchester Gentleman Is Sentenced To 30 Years In Federal Prison For Intimidating Witnesses In Drug And Attempted Murder Matters" »

Last week, we discussed the story of a Dorchester woman who had allegedly been involved in a matter of deadly domestic violence. According to the Commonwealth, the result was murder and 28-year-old Dorchester woman Cherry Clinton (hereinafter, the “Defendant” was charged with stabbing her former boyfriend to death with a knife.

Usually, such cases do not have many witnesses. They happen at home. In private.

It turns out that such was not completely the case this time. In fact, one witness did all he could not to be a witness.

“My daughter came into the room and said, ‘Daddy, they’re fighting again,’ so I turned on the music to drown out the noise,” Robert Ennis said of the “banging” he heard coming from[the Defendant’s] apartment at the housing development. “I didn’t want to hear it.”

At about 10 a.m. Friday, another neighbor, Guerlande Merisier, also said she heard arguing and “banging, like falling on the floor.” Minutes later, she said, she saw the Defendant outside, crying, telling first responders, “Come in right away, my baby’s unconscious.”

Ennis said he never called police because after he testified a few years ago against a man accused of gunning down a youngster outside his building, a brick was thrown through his window.

“The streets aren’t forgiving,” the 50-year-old father of three said. “When you weigh it all out, I got to take care of my family.”

The killing marks at least the fifth domestic violence homicide this year, said Toni Troop, a spokeswoman for the victim’s advocacy program Jane Doe, Inc.

Might I note that we are just finishing month number two?

Continue reading "Dorchester Man Is Murdered While Neighbor Buries The Sounds Of Domestic Violence Out With Music – Attorney Sam’s Take" »

In Massachusetts, anything can be considered a dangerous weapon if it is used to commit assault and battery or homicide. We have discussed this many times. There are things, however, that should be clear to anyone to be a potential weapon. This would include an automobile and a gun. In the north-central part of the state, the town of Asby, these two weapons came confronted each other.

The gun won.

The gun was fired by a plainclothes State Police trooper( whose name has not been released and hereinafter, “Mystery Trooper”). Mystery Trooper shot and killed a man who was allegedly driving a motor vehicle in his direction...placing Mystery Trooper in fear, according to the authorities.

Mystery Trooper had been conducting a drug surveillance in the area, when he noticed activity he deemed “suspicious” from a silver Nissan Maxima inside of which was a lone lone male occupant.

Mystery Trooper tried to pull the car over, but the driver tried to drive away. Mystery Trooper followed until they reached a cul-de-sac. Mystery Trooper got out of his plainclothes vehicle and decided to stand in front of the vehicle, ordering the driver to get out of the car.

Continue reading "North Central MA Is Scene Of Police Shooting Death In Drug Investigation – Attorney Sam’s Take" »

I guess it is a good thing that I am vacationing in New York as I write this; the Boston Police Department just broken my heart!

Imagine my excitement after all the blogs I have written about police misconduct...particularly the off-an-on relationship law enforcement seems to have on the stand when it comes time to testify. I found an article on the Boston Herald announcing, “BPD eyeing possible ‘misconduct’ of 4 officers”

My hopes even grew as I learned that said misconduct involved what they did in court!

“Oh boy, oh boy, oh boy”, I thought. “Finally, this is going to be addressed. Hurray for law and order and no-nonsense prosecutors”, I thought.

But then I read on.

“Testilying”, as it was called in Brooklyn, was not what everybody was worried about.

You see, it is true that a Boston police detective sergeant is on paid leave and three other officers are on administrative duty while internal affairs and prosecutors investigate the possible misconduct, according to a police statement. However, the “misconduct” has nothing to do with robbing citizens of their liberty through blatantly breaking the law against perjury.

Instead, the transgression has to do with making too much overtime.

Kind of a white collar sort of thing. Kinda sorta.

You know, the kind of thing that would be called "fraud" if you or I did it.

Continue reading "Boston Police Department Investigates Officers For Court Misconduct – Attorney Sam’s Take" »

A Roslindale man has allegedly learned a criminal justice lesson on the topic of hit-and-run accidents. Namely, you can hit. You can run. But you cannot hide.

Colin Ratiu, 23 (hereinafter, the “Defendant”) is the=is unfortunate driver according to the Commonwealth . He was arraigned in court yesterday after pleading “not guilty” to charges of leaving the scene of an accident after causing death, and motor vehicle homicide by negligent operation.

The accident happened in November. The Defendant was using someone else’s car and is said to have explained the damage on the vehicle by saying that when he had swerved to avoid a skunk, he ended up hitting...”something”.

In fact, what the car actually struck was a 24-year-old Northeastern University graduate driving home in a scooter. The scooter was thrown about 150 feet. The graduate was killed.

“He then proceeded to drive away without stopping,’’ the prosecutor told the judge yesterday.

Homicide detectives began the investigation immediately, but it was not until 89 days after the accident that an anonymous tip led them to the car that had allegedly been driven by the Defendant that fateful night. The damage on the vehicle was consistent with what they were looking for. Upon questioning, the vehicle’s owner told the detectives about the Defendant and his skunk story.

Continue reading "Roslindale Man Is Charged With Leaving The Scene Of An Accident And Vehicular Homicide In Boston – Attorney Sam’s Take" »

Sting operations in Massachusetts are not uncommon. They are employed by law enforcement to investigate various types of crimes from drug dealing to prostitution.

Oh yes. And guns.

Robert C. Kenney, 56, Christopher P. Littlejohn, 30, and Ramone Arakelow, 34, all from Beverly, (collectively, the “Defendants”) have now learned this lesson. They were arrested last week in such an operation. They allegedly thought they were planning a home invasion in Malden with “legitimate” co-conspirators.

The victim-to-be was a drug dealer.

The victim-to-be was not a legal citizen.

The victim- to be…did not exist.

The would-be victim was simply part of a fictitious scenario created by authorities who had been investigating the Defendants. What the various law enforcement agencies (FBI, State Police and various local police departments) were really after was weapons. One of the Defendants is suspected of selling seven illegal firearms in the Boston and North Shore areas, State Police said. The other two are suspected associates.

Continue reading "Malden Armed Robbery Sting Operation Yields Three Arrests – Attorney Sam’s Take" »

The Boston Police Department (hereinafter, the “Department”) has taken a large, and very laudable, step forward . They are realizing that if they want to be a trusted, and effective, member of the community, they have to communicate with said community.

As you know, there have been various complaints regarding the use of undue force in various cases. In fact, a You Tube video emerged last fall that showed several officers forcefully subduing a 16-year-old boy,

The video, recorded on a student’s cellphone, showed at least six officers at Roxbury Community College surrounding and then “taking down” the teenager who they said was resisting arrest. The Department claims that the juvenile, who had been wanted on a warrant, had swung at the officers, police have said.

Many were outraged and made claims of excessive force. The Department, however, said that the procedure was consistent with what officers’ training in cases where a suspect refuses to be handcuffed.

The Suffolk district attorney’s office has been investigating the incident. In the meantime, the Department is reaching out to officials, media and the public to demonstrate that police officers receive proper training which includes strict guidelines regarding the use of force.

Continue reading "Boston Police Demonstrate Arrest Procedures In Wake Of Roxbury Juvenile Beating- Attorney Sam’s Take " »