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.
This daily criminal law blog has been short-ciruited today due to internet failure. However, it will reappear tomorrow (yes, even though it is Saturday) with the planned discussion of murder investigations, witnesses and pizza delivery.
Oh, yes. And do we mean by "truth" in the criminal justice system?
Until then...beware of Hurricaine Earle!
Yesterday, we discussed the mechanics of this matter. Basically, we addressed the difference between a criminal appeal and a motion for a new trial as well as why it may have made sense for the defense attorney, prosecutor and SJC to take the action that they did. I should point out, by the way, that although this is a murder case, it does not change the procedures we discussed yesterday.
The case involved the December. 13, 2005, killings of four men in a basement in the Boston area. It had been dubbed the city’s worst shooting in 10 years.
The Defendant was convicted by a jury of killing Jason Bachiller, 21; Jihad Chankhour, 22; Edwin “E.J.’’ Duncan, 21; and Christopher Vieira, 19. Prosecutors said that he shot the men because he wanted a 9mm Glock pistol Vieira legally owned. According to them, and, it would appear, the jury, the Defendant took the gun from Vieira, shot him, then turned the gun on the three others as they tried to run away.
The Defendant was convicted and sentenced to consecutive life sentences. As discussed on Monday's blog, the Commonwealth does not have a death penalty, so that is as tough as sentences get.
The Massachusetts Supreme Judicial Court (“SJC”), the Commonwealth’s highest court , situated in Boston, has rejected a motion by Calvin C., convicted in the 2005 Bourneside murders,(hereinafter, the “Defendant”) to stay his appeal so that he could seek a new trial based on evidence he said showed he was framed.
The Defendant is currently serving four consecutive life terms for killing four men in Dorchester.
The claim, as represented by the Defendant’s lawyer before the SJC, is that the Suffolk district attorney’s office had for over a year withheld information that potentially cast doubt on his guilt. This is known as “exculpatory evidence” which the prosecution is to deliver to the defense immediately upon discovering it.
On August 13th, prosecutors apparently provided the Defendant’s a February 2009 affidavit from an inmate asserting that another gentleman, who pleaded guilty to acting as an accessory to the murders, confessed that he was the real killer. Said gentleman was sentenced to 13 years in prison.
On Friday, the Supreme Judicial Court denied the Defendant’s motion for the stay on his appeal without offering an explanation or calling for a hearing. The Defendant had previously appealed the 2008 conviction, arguing that the trial judge in the case wrongly dismissed the one juror who believed the Defendant was not guilty of the murders. The Court of Appeals is still considering that appeal
It would appear that Boston-Based Attorney General Martha Coakley’s office is on the trail of what it believes to be an upcoming white collar criminal prosecution. The target is Representative Brian P. Wallace of South Boston (hereinafter, the “Target”). It has been alleged that he violated fund-raising laws.
A spokesman for Attorney General Coakley confirmed that her office is investigating the Target , a Democrat, based on a recent finding from the Office of Campaign and Political Finance
A May 14 letter from the campaign finance office cites evidence of several misdemeanor campaign violations by the Target, his wife and others involved with his campaign.
One would expect that any prosecution will use the Target’s retirement as evidence of “Consciousness of guilt”. You see, he acknowledged knowledge that campaign finance officials were investigating him when he announced his retirement in March. However, he explained at the time that, “…[t]here is nothing nefarious there. This certainly played no part in my decision.’’
He said he was retiring because he wanted to spend more time with his family and on his writing.
Well, let’s hope for the Target’s sake that he has unquestionably become “Captain Familyman” and, by the time of trial, is the picture of the prolific writer.
The Death Penalty has long been a controversial issue. Nowhere is that more true than in good ol’ Massachusetts. You see, the Commonwealth, like most states, has two criminal justice systems running through it – state and federal. The crime of murder, which often carries capital punishment sentences, is usually handled in state court. In state court, there is no death penalty. However, in federal court, there is.
Depending on the circumstances, however, some murders are handled in federal court. Gary S. (hereinafter, the "Defendant") got his murder and carjacking convictions in federal court.
The sentence? Ah, well, there is the rub.
The Defendant, originally of Abington, was convicted for his violent felonies seven years ago. The events apparently took place back in 2001. Now, seven years after a federal jury recommended the Defendant be sentenced to death for the crimes committed during a weeklong series of killings in two states, lawyers for the Defendant plan to argue in court today that he should get a new trial.
The Boston Criminal Law Blog has had a fairly police-intensive week this week. We began with
A police chase in which an officer accidently struck and killed a pedestrian (which, if we had done it would probably be treated as a homicide) and then with of law enforcement investigations and actions in cases of murder, vandalism, armed robbery and, “worst of all”, the “scourge” of prostitution.
And yet, critical as I may be, I claim to have a great deal of respect for police officers. Well, most of them, anyway.
And I do. I am not “anti-cop”.
True, my work tends to place me at the other side of the aisle from them in a courtroom. And yet, often, they are not my client’s enemy. It is often someone else who has made a certain report to the police which led to my client’s arrest.
“But Sam, you are always telling us how they lie during police investigations to get the unwitting to make statements.”
As expected, criminal justice history repeats itself in Massachusetts and its neighboring states. As discussed in earlier blogs, we have a new “Craigslist Robber” and our original “Craigslist Killer” has made the news again by robbing the Commonwealth of another high profile trial. He killed himself. As also discussed, armed robbery suspects are evading investigating officers, police officers are running over pedestrians and failing at picking them back up and even the heroic efforts of law enforcement politicians and our legislature’s efforts to stem the unstemmable tide of bullying has been called into question.
And that’s only over the past week or so! This can be embarrassing for our law enforcement leaders.
Fortunately, we have a solution.
Let’s crack down on the real plague to society…prostitution…and put some extremely public pressure on that damned Craigslist!
What? You think I’m kidding? Look, I’m kind of a creative sort, but I don’t think even I could make this stuff up.
September is a-coming. It would appear that it will soon be time, once again in Massachusetts, for those school-time hijinks like bullying, assault and vandalism.
And police investigations.
Well, it looks like some people just can’t wait. No, not a high school or college campus crime this time. The event took place at Julia F. Callahan Elementary School in Lynn this past weekend. Vandals trashed the school, dumping paint, spraying fire extinguishers, shattering glass, overturning desks and copiers, and spewing classroom materials throughout the building, according to Deputy Superintendent Jaye Warry and Lieutenant William Sharp of the Lynn Police Department.
The police describe that the “school was entered and extensively vandalized,’’ Superintendent Warry, who has worked in the Lynn school system for 25 years, said this break in was “up there on the extent of damage.’’ She went on to say that the vandalism affected most of the two-story building and that the principal’s office was destroyed.
Big happenings in the Boston area! A police investigation into a robbery with a gun! What could be more exciting than a big SWAT team operation? The Bad Guys are usually cornered and lives hang in the balance as the Good Guys take control and take whatever Bad Guys still exist after the stand-off into custody.
Such was the scene at Fenwood Road in Mission Hill yesterday.
Well, almost.
It was a tense four hours last night as the investigating Boston Police Department special operations team and dozens of police units surrounded the apartment at issue.
The targets?
Armed robbery suspects! Pretty serious stuff!
Now, given my sardonic view on things, it would not surprise you to check out this once-again daily blog one day to find me describing a scene wherein somebody was speeding down the road and, having run down an innocent pedestrian, got out of his car and started pulling on the semi-flattened gentleman, begging him to get up.
Perhaps, I might even compare the driver in such a situation to a child who, after having committed some damage, asks for a “Do-over”.
Of course, you would expect that, by the time the blog was over, you would have heard about the driver being arrested for a myriad of charges, not to mention some kind of vehicular homicide.
Well, guess what?
Such an occurrence actually happened last week...with one twist.
The driver was a police officer.
Ok, here is the scene. You are visiting your old pal Donny Dealer in Boston. You, being a good ol’ “party animal”, brought a bit of marihuana so you guys can party.
Donny was only too happy to party with you.
Unfortunately, unbeknownst to you, there has been an investigation going on regarding Donny and a his other friends, Mickey Mule and Greg Grower. Apparently, the investigators have the crazy notion that Donny is involved in the drug trade.
And so it is that, midway through smoking your first joint, there is suddenly a lot of noise and commotion and you suddenly find yourself lying face down on the floor with police officers saying something about a search warrant.
The officers search the apartment.
Guess what?
They find a plethora of drugs, including cocaine, heroin and ecstasy. Apparently, Donny did not need you to bring your own hard-earned pot after all.
The news to which we have referred a couple of times this week has remained in the news all week. Namely, Phillip Markoff, the alleged Craigslist Killer, apparently took his own life at the Nashua Street Jail in Boston. His attorney has expressed surprise and sadness and the local D.A. has proclaimed it to be consciousness of guilt.
Typical, right?
Well, there is an existing irony. When Markoff was arrested for his alleged crimes, our law enforcement leaders and politicians (both in Massachusetts and Rhode Island to name a few) seemed to proclaim the killing to be the fault of Craigslist and the professionals involved in the occupation of prostitution.
It was almost as if Mr. Markoff was secondary in the whole robbery and murder events.
Well, now that he has apparently committed suicide, people seem to, once again, be laying the blame for his actions on someone else.
This time, it is the fault of Nashua Street Jail.
Homicide can occur during the most unlikely of events. As a Boston criminal defense attorney, not to mention a Brooklyn prosecutor, I have seen my fill of events in which people acted in ways that they admittedly should not have and were left with totally unexpected results.
Deadly results.
Here is a tragic example from this past weekend.
Hector G. of South Boston (hereinafter, the “Defendant”) was in Lansdowne Pub on Lansdowne Street near Fenway Park. At the same time, Mike D., 23 from New York (hereinafter, the “Deceased”) was up from the Big Apple and visiting with some old college friends.
According to investigating officers, the Defendant became angry with a member of the Deceased’s group because of a brief “run in”.
And so it was that the Defendant did something stupid. He threw a beer mug at the Deceased’s table.
The Boston Criminal Lawyer Blog acknowledges that this was a bad weekend for Craigslist. Of course, some others would be quick to suggest it was a bad weekend for escorts. Let’s just say it was an eerily coincidental weekend for alleged criminals who prey upon Craigslist advertisers.
Remember the so-called “Craigslist Killer” from around a year ago? Well, before we hit the update on that particular gentleman, let’s discuss what may be his protégé…Luther H. (hereinafter, the “Defendant”) a man from Brockton. He is accused of robbing a female (alleged) escort at gunpoint after arranging a meeting with her through Craigslist, a classified advertisement website.
Although arraigned on August 5th for the July 9th incident, the Defendant’s tale hit the list of the infamous this past weekend. Plymouth District Attorney Timothy J. Cruz announced that the Defendant and his temporary ladyfriend had agreed to meet to exchange sexual services for pay at a “predetermined location”. Said location was apparently a vacant house.
At said house, the Defendant is said to have surprised the escort by what he pulled out. It was a gun. He then allegedly ordered her to strip and restrained her using zip-cuffs. Next, the Defendant asked his complainant-to-be what possessions she had for him to steal, to which she replied that her valuables were in her car.
According to Cruz, the Defendant stole the victim’s money, purse, laptop, and cellphone from her car.
Continue reading "A Boston Defense Attorney Discusses MA Tales Of Murder, Robbery And Craigslist" »
Christina H., 23, of Acton (hereinafter, the “Defendant”), was arraigned yesterday, beside her attorney, in connection with the death of her 13-month-year-old son. She pleaded not guilty to charges that she beat him to death inside her Great Road home this past May..
She was held without bail.
Prosecutors say that the Defendant called 911 around 4:30 a.m. on May 12th, 2010, and reported that her son had fallen out of the crib and hit his head. The child was taken from the Defendant’s home and rushed to Emerson Hospital in Concord. It was there that the child was pronounced dead at 5:17 a.m.
The boy's death has since been under investigation by Acton and State police, prosecutors say. Police learned that the night before he was killed, the boy was home with his mother and two-year-old sister.
"He appeared to be happy, healthy and playful. That night he had fed himself cheerios and drank a bottle before going to sleep at 8 p.m.,'' law enforcement has indicated. However, an autopsy found the child suffered "multiple contusions, lacerations, internal bleeding and hemorrhages on the top of his head.''
Continue reading "Acton MA Mother Charged With Homicide After Investigation Into Child’s Death " »
Former Massachusetts Turnpike chairman Matthew Amorello (hereinafter, the “Defendant”) has fallen into ever-deepening holes of trouble on the criminal justice battlefield. First, he was arrested for drunk driving this past weekend. Well, not really just drunk driving. There are apparently other charges levied after he allegedly smashed into parked cars and tried to flee the scene despite the fact that one of his tires was off.
After a night of what the authorities call “sleeping it off” at the station, the Defendant was told he had to attend his arraignment in Haverhill court yesterday.
He didn’t.
And so it was that a Haverhill District Court Judge issued a default warrant for the man who once oversaw one of the largest public works projects in the state's history...the Big Dig.
The Boston Criminal Lawyer Blog is so proud to announce that, thanks to local law enforcement, the good people of Fall River can sleep soundly tonight, knowing that they have once again been kept safe by intrepid police work.
By this, of course, I refer to the brave and brilliant criminal investigation that has led to the arrest of 24 foul demons for the crime against nature known as prostitution.
Yes, I am referring to the most recent prostitution sting win which 23 unknowns and a Fall River City Councilor have been arrested and are being brought to justice. With these dangerous criminals off the streets, the authorities can now focus on the lesser crimes of homicide, rape and drug trafficking.
After all, as we have often heard, there are only so many resources to go around...!
The science behind such police operations has been discussed before in this blog. Generally, it involves having a female police officer dress and prance in a sexually provocative manner so as to entice men to inquire about the possibility of paying for sex with her. Thus located, these offenders are snatched up as if by a Venus Fly Trap and awarded the Commonwealth bracelets of shame.
The Boston Criminal Lawyer Blog has discussed the seemingly newly “in vogue” crime of striking police officers with motor vehicles. Usually, these collisions turn out to be accidental. Sometimes, under the law, they are seen as either deliberate acts or the results of drunk driving.
For some reason, this summer has seen it almost become an epidemic.
The latest such alleged driver hails from Franklin and is 25-year-old Ari C. (hereinafter, the “Defendant”). The incipient happened this past Tuesday in Franklin. Apparently, she had even been told by an on looking construction worker that she had struck the officer.
She is said to have apologized and driven off.
Of course, since Tuesday, more news about the Defendant has surfaced. According to the Boston Herald, she is an “accused hooker who violated her probation".
A fine and dutiful lass from Quincy got into a bit of trouble yesterday at the local district court. Now, after trying to pass some contraband to her boyfriend, through his lawyer, she needs an attorney herself.
Melissa A., 20, (hereinafter, the “Defendant”) found herself in the Commonwealth bracelets of shame after she allegedly smuggled a hypodermic needle into the courthouse in her bra as part of a scheme to pass heroin and cigarettes to her jailed boyfriend, police said.
You see, the Defendant is said to have approached her boyfriend’s defense attorney and asked him to deliver a bulky envelope to the man, who was in the court lockup awaiting a probation violation hearing, said Quincy police Capt. John Dougan. The attorney, perhaps concerned about the envelope, presented it to court officers instead.
Inside, the officers found heroin, cigarettes and hypodermic needles, Dougan said.
Continue reading "Quincy MA Woman Arrested For Drug Distribution...In Court!" »
One thing that you get enough of as a Boston criminal lawyer is human drama. An example is the 10-year-old boy who accidentally fatally shot his cousin in 2007 in Roxbury. He has now testified at the trial of the boy's mother, who is now facing an involuntary manslaughter charge for not properly storing the gun used in the shooting.
At the time of the incident, he was 7 years old.
The boy began his testimony with smiles...but that soon changed as he recalled the day at issue.
He recounted that he had been watching TV with Liquarry J., 8, (hereinafter, the “Deceased”) when the Deceased showed him the gun that he said belonged to his teenaged half-brother .
"I asked him if there were bullets in the gun. He said, 'No,'" the boy said.
"I did it by accident," he said.
Continue reading "Roxbury MA Homicide Of Child Re-lived In Gun Trial Against Mother." »
