Boston Criminal Lawyer Blog

In Massachusetts on Friday, East Boston District Court Judge Paul Mahoney refused to drop the possession of a hoax device charge against Star Simpson, the 19-year-old MIT student who wore a strapped circuit board to her chest and walked into Logan International Airport last year.

Simpson’s trial begins on May 23, and she plans to take the stand. Simpson is expected to say that the week prior to her arrest, she wore the blinking circuit board around campus, which she considered a “piece of art” that she wanted to show off.

On September 21, 2007, she wore the battery-operated light display to the airport and was planning to pick up her boyfriend at Logan’s Terminal C. A number of employees fled the premise because they thought the device was a bomb. State police arrested her at gunpoint.

The Explosive Ordinance Disposal unit examined the device and determined that it was not an explosive.

Other MIT students have said that wearing this kind of device on campus is not uncommon. Called a “breadboard,” it is worn by students that are making something electronic.

Simpson has called herself a student, artist, and engineer.

Her criminal defense team says that the charge violates her freedom of speech and that she never planned on frightening anyone by wearing the blinking circuit.

The General Laws of Massachusetts

Chapter 266: CRIMES AGAINST PROPERTY Section 102A1/2. Possession, transportation, use or placement of hoax devices; penalty; law enforcement or public safety officer exemption

Section 102A1/2. (a) Whoever possesses, transports, uses or places or causes another to knowingly or unknowingly possess, transport, use or place any hoax device or hoax substance with the intent to cause anxiety, unrest, fear or personal discomfort to any person or group of persons shall be punished by imprisonment in a house of correction for not more than two and one-half years or by imprisonment in the state prison for not more than five years or by a fine of not more than $5,000, or by both such fine and imprisonment.

Simpson’s criminal defense attorney had sought to have the charge against her dismissed because he said the statute is too vague. Her case has been continued a number of times.

Please contact our Boston, Massachusetts law firm if you have been arrested on criminal charges. We are known for our aggressive representation and our efforts to secure the best outcome for our clients’ criminal cases.

Judge refuses to drop hoax charge against MIT student, Boston.com, March 21, 2008

Simpson asks charge to be dropped, The Daily Free Press, November 6, 2007

Student Says She Was Wearing 'Art,' Not Bomb, TheBostonChannel.com, September 21, 2007

Related Web Resources:

The General Laws of Massachusetts

Breadboard

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O.J. Simpson’s bail in a Las Vegas casino robbery case was doubled to $250,000 after the judge found out that the former football great never paid a bail bondsman when he was first released. Clark County District Court Judge Jackie Glass says that Simpson, 60, has to issue 15% of the bail amount before he can be released this time.

Bail bondsman Miguel Pereira testified in court that the former football star never paid him anything. He said that he did not issue a bill to Simpson but that he had expected payment of the $18,750 that he was owed for posting the $125,000 bail. He also says he paid for plane tickets, the $40 filing fee, and a rental car.

Simpson had been ordered back to jail last week because of allegations that he had violated the conditions of his bail by asking Pereira, via voice mail, to contact Clarence "C.J." Stewart, a co-defendant in the case. Pereira informed prosecutors of the request because he didn’t want to be criminally charged for any alleged involvement.

Simpson is not allowed to contact anyone else involved in the attempted robbery at the casino hotel, which occurred in Las Vegas on September 13, 2007 when the ex-football star and several others allegedly tried to “retrieve,” at gunpoint, several items from sports memorabilia dealers Alfred Beardsley and Bruce Fromong.

Last November, Simpson pleaded not guilty to armed robbery, kidnapping, assault with a deadly weapon, coercion, burglary, and conspiracy charges. Five other co-defendants were also charged for their alleged involvement. Simpson could go to prison for life if he is convicted for kidnapping.

This is not Simpson's first brush with the law. A jury found Simpson not guilty in the 2004 murders of his wife Nicole Brown Simpson and her friend Ron Goldman.

Bail
Bail allows a suspect to pay a fee to be released from police custody. The suspect, however, must promise to return to court and appear for all criminal proceedings related to the case. The degree of seriousness of the crime and the circumstances of the case can determine the amount of bail—if any—that must be paid to secure the release. In some cases, such as when a person is considered a threat to society or a flight risk, bail can be denied completely. Violation of bail conditions can lead to arrest and detainment.

If you have been arrested for a crime in the Boston area or anywhere else in Massachusetts, you must talk to a Massachusetts criminal defense lawyer right away.

O.J. Simpson's bail raised to $250,000, CNN.com, January 16, 2008

O.J. Simpson Jailed for Attempting to Contact Co-Defendant, FoxNews.com, January 12, 2008

Related Web Resources:

O.J. Simpson Arrested in Armed Robbery of Las Vegas Hotel Room, Fox News, September 16, 2007

O.J. Simpson Murder Case

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Olympic athlete Marion Jones, 31, will serve six months in prison for lying to an investigator about her steroid use and her involvement in a check-fraud scheme. Jones must also complete 400 hours of community service while serving two years probation.

The world champion athlete opted for a plea agreement last October when she admitted that she lied to an investigator about her use of a performance-enhancing drug before and after the 2000 Olympic Games. She won three gold medals and two bronze medals as a runner and long jumper at the Sydney games and was considered one of the greatest female athletes in the world.

Jones testified in court that, from September 2000 until July 2001, she took what she thought was flaxseed oil while training with her then-trainer Trevor Graham. She says that after she stopped training with him, she realized that had been actually been using the designer steroid THG.

In 2003, during a grand jury investigation of Bay Area Laboratory Co-Operative (BALCO)—a lab involved in the scandal linking professional athletes to steroid use—Jones denied ever using performance-enhancing drugs. She filed a lawsuit against Victor Conte, BALCO’s founder, who has said that he saw Jones inject herself with a performance-enhancing drug.

A 2003 search warrant uncovered doping calendars, ledgers, purchases, and blood-test results linking Jones and Graham to BALCO.

Jones also confessed to lying about how much she knew regarding Tim Montgomery’s involvement in a check-fraud scam. Montgomery is the father of her Jones's son Monty. Millions of dollars in stolen and forged checks were involved. Prosecutors in New York say they have a $25,000 check that Jones signed, as well as testimonies of other defendants implicating her in the scheme.

Although Jones had hoped to avoid prison time, U.S. District Judge Kenneth Karas has ordered her to serve the maximum time allowed under her plea agreement. He wants athletes to become aware of the consequences that using performance enhancing drugs can have on their lives and careers.

Jones gave her Olympic medals back. The International Olympic has erased her records from the record books.

Criminal Charges
If you are under investigation or arrested for a crime in Massachusetts, you should talk to a criminal defense attorney right away. There may be remedies and outcomes to your case that only an experienced criminal defense lawyer help you obtain.

Marion Jones sentenced to 6 months for lying about steroids, Boston.com, January 11, 2008

Marion Jones Sentenced to Six Months in Prison, New York Times, January 11, 2008

Related Web Resource:

BALCO Investigation Timeline, USA Today

Marion Jones, US Olympic Team

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The city of Boston is reporting a lower crime rate for 2007 than in 2006. The Boston Police Department offers the following statistics comparing the number of crimes that occurred from January 1 – December 23, 2007:

Vehicle theft and attempted vehicle theft: 34,008 in 2006; 354 in 2007.
Larceny and attempted larceny: 16,405 in 2006; 16,782 in 2007.
Burglary and attempted burglary: 3,994 in 2006; 3,708 in 2007,
Aggravated assault: 4,351 in 2006; 4,166 in 2007.
Robbery and attempted robbery: 2,657 in 2006; 2,200 in 2007,
Rape and attempted rape: 285 in 2006; 267 in 2007,
Firearm-related arrests: 718 in 2006; 657 in 2007.
Nonfatal shootings: 321 in 2006; 271 in 2007.
Murder by firearm: 52 in 2006; 51 in 2007.
Homicide: 73 in 2006; 66 in 2007.

Detectives in Boston made arrests in 25 of the 66 homicides that occurred last year. There were 1,230 less reported crimes in 2007 than in 2006.

The type of crime where there were more incidents last year than the year prior is larceny—due in large part to a 300% increase in stolen GPS systems. More than 1,000 GPS systems were stolen last year.

Also, four of the deadly shooting crime victims were juveniles under 14 years of age. There was only one shooting crime victim that young in 2006.

BPD Commissioner Edward F. Davis says he is confident the crime rate will go down further in 2008. Boston police are encouraging residents to drop the ‘stop snitching’ culture that exists.

In 2007, police received 612 anonymous crime tips and 476 text messages between June and December. Boston Police are working on setting up a cold case department that would focus on unsolved homicides.

If you are arrested for allegedly committing any crime in Boston, or if you are under investigation for any alleged criminal activity, you should speak with a Boston criminal defense lawyer right away. Hiring your own defense attorney is the best way to ensure that your rights are protected and that you are treated fairly by the law.

2007 drop in crime buoys Hub leaders, Boston.com, January 1, 2008

City closes out year with fewer homicides, overall crime down, Boston Herald, January 1, 2008

Crime rate moves in right direction, Boston Herald, January 3, 2008

Boston’s crime statistics for 2006, 2007 compared, Boston Herald, January 1, 2007

Related Web Resources:

Police Department, City of Boston

Boston Crime, Universal Hub

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Massachusetts Major City Chiefs says the cities of Lowell and Lawrence are among the cities in the state that experienced a slight decrease in crime. Woburn and Arlington saw the biggest increase in total crimes committed from January to June 2007.

The group, made up of Massachusetts police chiefs, says most municipalities with 40,000 residents or more saw a 2% increase in crime during this six month period. Arlington, however, saw a 38% increase in crime with 354 crimes committed from January to June 2007. 256 crimes were committed during the same time period in 2006).

Crimes in Boston decreased by 1%. Brookline and Brockton experienced an 11% decrease—the largest drop in the state. Crime in Medford dropped 8% while crime in Woburn dropped 11%.

Felony crimes, including motor vehicle theft, homicides, theft crimes, and burglary and some misdemeanor crimes, such as larceny under $250, were among the crimes factored into the study. Violent crimes and property crimes increased in cities where an increase in crimes was noted.

On Friday, Massachusetts Governor Deval. Patrick met with Harvard University students and community leaders. He promised the students at his alma mater that he would direct more funds toward preventing crime. He also vowed to develop a strategy to fight crime.

At the meeting, the Harvard Black Student Association and Harvard Black Men's Forum, and Operation Greensboro—an anti-violence group—asked Governor Patrick to commit $50 million to fighting crime in the six most violent Massachusetts cities. Patrick, however, would not commit to an amount.

Criminal Defense Representation
Any time you are every arrested for any crime in Massachusetts, you have the right to proper legal representation from an experienced criminal defense attorney. Your defense attorney can protect your rights, explain the charges against you, and present you with options for defenses and plea agreements. You want to make sure that you hire a lawyer who can provide you with the best defense.

Arlington, Woburn report rise in crime, Boston.com, November 4, 2007

Governor Promises Funds for Crime Prevention, The Harvard Crimson, November 4, 2007

Related Web Resources:

Massachusetts Crime Rates, Disaster Center

Governor Deval Patrick, Mass.gov

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Two co-defendant in the OJ Simpson armed robbery case have struck a plea agreement that reduces the criminal charges against them. As part of their respective agreements, Walter Alexander and Charles H. Cashmore will testify against the former football hero and other co-defendants in the case.

Cashmore has agreed to plead guilty to an accessory to robbery charge. His arraignment will take place on October 23. Cashmore’s defense attorney claims that his client met Simpson just minutes before the alleged armed robbery took place and did not know what he was getting involved in. Cashmore is expected to testify that guns were involved in the September 13 robbery. He could face up to five years in prison.

Cashmore had originally been arraigned on nine gross misdemeanor and felony charges, including armed robbery, kidnapping, conspiracy, and assault with a deadly weapon. If Cashmore had been convicted on just the kidnapping charge, he would have had to serve a criminal sentence of life in prison without parole.

Cashmore already has a previous misdemeanor conviction in a 1996 embezzlement case in Utah, for which he served probation.

Alexander has agreed to plead guilty of conspiracy to commit a robbery, which is a felony crime. He faces up to six years in prison.

Simpson and several others were arrested for their alleged participation in an armed robbery cases involving sports memorabilia at a Las Vegas hotel room at the Palace Station hotel casino. Simpson says he was not robbing anyone but merely collecting items that belonged to him and had been stolen. He has denied that any weapons were used.

Other co-defendants in the case are Clarence Stewart, Charles Ehrlich, and Michael McClinton.

If you have been arrested for any crime in Massachusetts, you should speak to an experienced criminal defense lawyer right away. You attorney can defend you against charges. He or she may even be able to negotiate a plea agreement, which can get the charges against you reduced.

In a plea agreement, the defendant pleads guilty under certain terms and conditions that are generally better than the conviction and sentence he would be ordered to serve if he were found guilty during a criminal trial.

Second co-defendant to testify against Simpson, CNN, October 15, 2007

2nd O.J. Simpson Co-Defendants to Plead, AP, October 15, 2007

Related Web Resources:

Massachusetts Sentencing Guidelines Grid

OJ Simpson, Court TV News

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There are now 11 formal criminal charges against former football hero O.J. Simpson in the alleged armed robbery crime at a hotel room in the Palace Station Hotel and Casino in Las Vegas last Thursday. 10 of the charges are for felony crimes and include kidnapping with use of a deadly weapon.

According to prosecutors, Simpson committed kidnapping—along with his co-defendants—because they meant to detain or hold the two alleged robbery victims. The ex-football player and three other people are accused of pointed guns at sports memorabilia dealer Alfred Beardsley and collector Bruce Fromong while they stole the sports memorabilia, Beardsley’s sunglasses and baseball cap, and Fromong’s cell phone from the room. Fromong, who suffered a massive heart attack after the alleged robbery is in critical condition at the Cedars-Sinai Medical Center.

Police say that Simpson allegedly masterminded the armed robbery—although he has denied that a robbery ever took place or that there were guns involved. Two guns, however, were recovered.

In an audiotape recording, Simpson can be overheard ordering the men around and accusing someone of stealing from him. He claims that the items he recovered belonged to him and were stolen from him.

Simpson was released from jail after paying $125,000 in bail. His arraignment is scheduled for October 22. He is expected to plead not guilty to the criminal charges.

Kidnapping
In Massachusetts, kidnapping is considered a crime against a person that is punishable for up to 10 years in prison. Massachusetts General Laws, Crimes Against the Person – Chapter 265, Section 26, describes kidnapping as the confinement or imprisonment of a person secretly, forcibly, or without lawful authority and against the person’s will.

Kidnapping is considered a very serious felony crime. Kidnapping, accompanied by the extortion of money or other valuables, can be grounds for a lifetime prison sentence.

Simpson released from jail, CNN.com, September 19, 2007

Prosecutors charge O.J. Simpson and three others, CNN.com, September 18, 2007

Massachusetts General Laws - Crimes Against the Person - Chapter 265, Section 26,

Related Web Resources:

O.J. Simpson Biography

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Posted In: Criminal Law , Felonies and Violent Crimes , Kidnapping

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Authorities have released an audiotape of an interview between Idahoan Senator Larry Craig and the police officer that arrested him at the Minneapolis-St. Paul International Airport. Craig was arrested earlier this month after allegedly trying to engage in lewd conduct in an airport bathroom. He later pled guilty to a misdemeanor charge of disorderly conduct.

In the audiotape, Craig can be heard accusing the arresting officer of trying to entrap him. The officer is heard denying this. He promises not to take Craig to jail if he cooperates and accuses the senator of lying to him repeatedly. The officer can also be heard trying to get Craig to admit to the crime.

On Tuesday, Senator Craig told reporters that he “overreacted and made a poor decision” when he pled guilty and that he did not participate in any “inappropriate conduct” in the airport bathroom.

No sexual contact is said to have taken place. According to the arresting officer, Craig's foot touched the officer’s foot while they sat next to one another in separate bathroom stalls.

Entrapment
Entrapment might have taken place if it can be proven that an investigating or arresting officer tried to induce a suspect into committing a crime that he or she would otherwise not have committed. It is not, however, considered entrapment if a person intended to commit the crime and law enforcement officers created a situation that allowed the person to do so.

If a defendant can prove that he or she was a victim of entrapment, he or she cannot be found guilty of the crime even if all the evidence points toward guilt.

Actions by police that can are considered entrapment include putting pressure on a defendant to commit the crime (includes harassing, pressuring, or coaxing the suspect) and giving someone a reason to commit the crime.

A criminal conviction for any crime can leave you with a permanent criminal record and can affect your ability to find work and lead a normal life. A good criminal defense attorney can protect your rights and defend you against unfair charges and convictions.

On tape, Craig denies allegations of soliciting officer, CNN.com, August 30, 2007

Entrapment, Lectlaw.com

Related Web Resources:

Airport Restroom Sex Senator Larry Craig Guilty Plea (Court Document)

Larry Craig: US Senator for Idaho

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A new probe shows that the Massachusetts State Police Crime Laboratory failed to analyze evidence samples from more than 16,000 crimes that occurred in the state. Unexamined evidence included evidence from about 1,000 homicides and other deaths, as well as from over 6,500 sexual assault cases.

The lab has yet to open some 4,000 rape evidence kits. Evidence from about 2,900 criminal cases must still undergo DNA testing, and 10,000 evidence kits are being held in cold storage. The investigation into the lab’s lack of performance was requested by Massachusetts Governor Deval L. Patrick’s administration.

The Massachusetts Organization of State Engineers and Scientists blames the backlog on insufficient staffing at the lab. It also called on the need for more forensic scientists to handle the new crime lab equipment that had been purchased by the state. Massachusetts will now have to pay millions of dollars to private labs so they can eliminate the testing backlog.

The lab’s inability to process what could be important DNA evidence could lead to many convicted persons being set free after serving time in prison for rapes and murders they did not commit. Criminal cases from as far back as the 1980’s could be affected by the evidence backlog. The untouched evidence also could mean that many rapists and murderers may still be free.

The Innocence Project at Cardozo Law School in New York says that forensic testing errors were found in 63% of criminal cases where persons were exonerated. DNA testing backlogs, false confessions, eyewitness errors, and police informants were also reasons cited for exonerations.

The state says it will examine evidence in cases that can still be prosecuted. Cases where the statutes of limitations have already expired, however, will never be properly served.

Crime lab didn’t test 16,000 cases, Worcester Telegram & Gazette News, July 17, 2007

Crime lab crisis threatens us all, Boston Herald, July 17, 2007

Probe finds evidence from crime scenes never analyzed, Boston.com, July 15, 2007

Forensic Errors Often Contribute to Wrongful Convictions, Criminal Law Lawyer Source

Related Web Resources:

The Innocence Project

Wrongful Conviction, American Bar Association

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