Boston Criminal Lawyer Blog

Well, in a world in which some mothers who lose control resort to the killing of their children...I suppose you could call this Salem mother’s approach refreshing.

According to the Commonwealth, she called the police on the kids. Apparently, her five kids had been fighting all day. Particularly that 15-year-old son and the 16-year-old daughter.

Fight, fight, fight! Bicker, bicker, bicker!

Instructions from mom? “Arrest them both...I can’t take this anymore!”, she cried.

Well, the officers did not quite do that. They did, however, issue a summons to the 15-year-old for hitting his 8-year-old sister.

They call that “assault and battery” in the Halls of Justice, you know. It’s a good thing they weren’t in school...it would also be Massachusetts bullying! Actually, just the arguing would likely trigger that charge.

Well, the kids were not brought to involuntary Commonwealth housing.

Yet, that is.

You see, the officers also notified the Department of Children and Families about the situation in the home.

Strap yourself in, mom! You and the kids are in for a wilder ride than you expected!

Attorney Sam’s Take On DCF And Juvenile Prosecutions

I am going to go out on a limb here and guess that mom did not really want the kids to be arrested. She likely called the police in hopes to calm the pandemonium . Maybe it even worked…for the moment.

But mom is now learning that that the “help” she sought does not stop there.

Continue reading "SALEM MOTHER OPENS THE DOOR TO HER SON’S PROSECUTION AND DCF “HELP”" »

Last week, the Boston Criminal Lawyer Blog began addressing common questions regarding allegations of Massachusetts domestic violence cases. Today, Columbus Day, is one of those holidays when family members find themselves together to celebrate the actual holiday…or simply enjoy a day off. Either way, tempers sometimes erupt. More today than ever… lost tempers can easily end with someone being awarded the Commonwealth Bracelets of Shame.

“Why do you say ‘today more than ever’?”

Because, after years of looking the other way, these matters are treated with extra sensitivity these days. The term “extra sensitivity” translates to, “somebody is going to jail and the prosecution is not going to end any time soon no matter what either of you want”.

Too often in the past, matters in which someone was assaulted in any way were ignored until the incidents repeated themselves and people ended up dead. No, this does not mean that this was true with every domestic argument. However, our criminal justice system is not always great at splitting hairs. Therefore, we have a “no tolerance” approach to these things. We have seen this with cases involving children and any case involving a heated argument or unwanted touching, no matter how slight, between couples or family members. As a result, when the police are notified of such a disturbance, somebody from the household is going to accompany them back to the police station at the end of the visit.

“Well, what happens if it becomes clear the next morning that the situation was simply taken out of context and blown out of proportion the night before? Will the police simply dismiss the case? Will the prosecutor?”

Continue reading "Attorney Sam’s Take: A Boston criminal lawyer answers questions about MA Domestic Violence" »

It is the type of case that has long-lasting effects. As a Boston criminal lawyer of many years, I have seen more than my fair share of Massachusetts domestic violence cases. It is the type of case that is not only a terrible nightmare for the victims, but also the system itself…because of our history of riding the pendulum from one side to the other.

Yesterday morning, state and local police arrested 41-year-old Marcello Almeida (hereinafter, the “Defendant”). He is charged with the fatal Marshfield stabbing 24-year-old Patricia Frois (hereinafter, the “Deceased”). According to the Commonwealth, this was a domestic violence incident.

The assault was reported at around 8:01 a.m. in a building at the Village at Marshfield, an apartment complex of 20-unit buildings off of Route 139. The Deceased was found with multiple stab wounds in the building foyer. She was treated at the scene and transported to a local hospital, where she was pronounced dead at about 8:30 a.m.

State, local and federal officers rushed to the scene where they found the Defendant. He was allegedly hiding in a shed in a back yard near the apartment complex. Law enforcement says he did not put up a fight. He is, however, said to have been injured and taken to an area hospital under police guard.

People who had varying degrees of alleged knowledge of the couple say that there was a history of abuse and that the Deceased had been trying to get out of the relationship. Law enforcement is not revealing, as of yet, information on whether there had been previous complaints of abuse.

The Defendant will likely be charged with several counts, including Massachusetts murder and armed assault and battery.

Attorney Sam’s Take On Massachusetts Domestic Violence Cases

Domestic violence matters have been “hot potatoes” for a long time now. Years ago, such cases were just treated like a “marital squabble” and so ignored by the criminal justice system…until the resulting dead bodies started to pile up.

Continue reading "I am being accused of MA domestic violence. How serious is this?" »

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" »

There are certain times that tend to promote domestic violence. Assault cases between family members, for example, seem to rise around the holidays. Is it the drinking? The being cooped up with one’s loved ones that makes one want to kill them? This varies.

Winter storms, such as the one we are experiencing at the moment also tend to bring about such crimes..

Today’s blog, though, is about a woman who apparently could not wait until the storm outside. Allegedly.

Shawntina Burston, 39, of Medford (hereinafter, the “Defendant”) has been charged with assaulting her husband. Said husband was transported to Lawrence Memorial Hospital. There, he was pronounced dead.

The Defendant is accused of attacking her, now ex, husband with a knife. She is scheduled to be arraigned today in Somerville District Court.

There is a veil of horror which shrouds murder cases, regardless of which side of the aisle you are on. I learned that years ago when I was prosecuting homicide cases and it continues today as I defend those charged..

In many such cases, one cannot help but turn away amazed at how one moment…one very bad moment…can end one life and shatter many others;.

Continue reading "Medford Woman Arrested For Domestic Assault Turned Homicide-Attorney Sam’s Take" »

Salem police officer William D. Riley pleaded not guilty to several charges, including operating under the influence of alcohol, domestic assault with a firearm, possession of a firearm while intoxicated and possession of Class E drugs, in Salem District Court on Tuesday. A pre-trial hearing is scheduled for January 13.

Riley was arrested Friday evening when Salem police responded to a Dunlap Street domestic dispute. According to the woman who called the police, she had been in an argument with Riley, during which he said he had a loaded gun outside and after which he followed her outside, put a gun in his car, and drove off in it. The woman gave a box of what she said were Riley’s steroids to the officers. The police found Riley in his car on Dunlap, allegedly showing signs of intoxication.

The police department suspended Riley without pay and may take further disciplinary action against him.

Source: The Boston Globe, Salem police officer pleads not guilty

The drug possession charge may be very difficult for a prosecutor to prove in this case because the steroids were not in Riley’s physical control and there is no indication from these facts that Riley had the ability or intention to exercise control over them. It could also be difficult to prove the domestic assault with a firearm charge. There can be no criminal assault where there is no attempted battery and no threat or unlawful act that would place a person in immediate fear. From the facts given here, it is unclear whether Riley’s alleged actions would rise to the level of an assault. It would also be interesting to find out what the alleged signs of intoxication were. An emotional argument with a romantic partner may be a perfectly good reason for exhibiting certain “signs of intoxication” like glassy or bloodshot eyes and angry or irritated reactions.

Continue reading "Police Officer Pleads Not Guilty to Many Charges, Including Drunk Driving and Drug Possession" »

Joseph Cummings, 51, allegedly killed his pregnant girlfriend, 35-year-old Kimberly Nguyen, her sister, and himself over the baby’s last name. The two shared a home on Ledge Road in Lynnfield. Allegedly they got into an argument in their bedroom because she wanted to hyphenate the name and he did not. Nguyen’s sister, 29-year-old Lilly J. Nguyen, apparently heard the gunshots and jumped out of a second story window in another bedroom. It is alleged that Cummings fatally shot her from the window as she lay on the lawn and then killed himself.
Kimberly Nguyen’s 12-year-old daughter hid in another room and ran to a neighbor’s house after she heard the last gun shot.

Residents were shocked by the incident as were customers of Nguyen’s East Boston nail salon. One customer told the Boston Globe that she had attended the couple’s baby shower on Friday and that the two seemed to be happy.

A medical examiner is determining whether Cummings had drugs or alcohol in his system. He was not licensed to carry a firearm. Lynnfield police said that they had never been called to the residence for domestic issues before and that there is no record Nguyen filing any restraining orders against Cummings. Cummings did have two restraining orders against him in 1998 and 2000, however.

So far this year, there have been 28 domestic violence homicides in Massachusetts. Domestic violence is a serious problem in Massachusetts and throughout the country, and if you have been arrested for domestic violence, you need an experienced defense attorney on your side. When a person reports domestic violence to police, it doesn’t matter whether or not they want to press charges against you.

Source: The Boston Globe, Police say Lynnfield killings were over baby name

Continue reading "Killings in Lynnfield were over baby name, police say " »

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 " »

It wasn't too long ago that movie star and director Mel Gibson was a box office king who was well-respected for his directing and beloved by fans. Now, however, his reputation has taken another beating following the release of several audio recordings of a man that sounds like Gibson allegedly yelling out expletives and abusive statements, making unreasonable demands, and threatening to harm his now ex-girlfriend Oksana Grigorieva, who is the mother of his youngest child. RadarOnline.com has made the audio recordings available to the public.

Los Angeles authorities are investigating allegations made by Grigorieva, who is accusing the actor of having struck her on the face on more than one occasion. She claims that the alleged assaults caused her to break a tooth, lose a veneer, and suffer a concussion. If charged and convicted for domestic violence-related assault, Gibson is facing time behind bars.

Already, there has been fallout from the recordings for the celebrity. His agent, William Morris-Endeavor, has dropped him, which may not bode well for his film career, and his reputation, which already took a pretty hard beating when he was arrested for DUI and made sexist and anti-Semitic remarks in 2006, has been significantly damaged.

Gibson has not publicly commented on the audio recordings. The media, however, is reporting that is is accusing Grigorieva of threatening to leak the recordings to the media unless he gave her money. He has met with the authorities about his claims. Grigorieva denies there is any extortion plot.

Boston Domestic Violence
Custody, divorce, and legal separations can be acrimonious, and sometime, the allegations between both parties can escalate. If you are under investigation for domestic violence, child endangerment, extortion, or any other Boston criminal charges related to the dissolution of your relationship, it is important that you are represented not only by a family law attorney but also by a Boston domestic violence law firm that knows how to protect your legal rights and defend you against the charges.

Investigators interview Mel Gibson to discuss extortion allegations against ex Oksana Grigorieva, New York Daily News, July 27, 2010

William Morris Endeavor dumps Mel Gibson, Los Angeles Times, July 9, 2010

Gibson charged with drunken driving, CNN, August 3, 2006

Related Web Resources:
Mel Gibson News, The New York Times

Massachusetts Law About Domestic Violence

Continue reading "Accused by His Ex- of Domestic Violence and Child Endangerment, Mel Gibson Claims He is the Victim of Extortion " »

This blog has discussed many stories about family disputes which get out of hand. Some have resulted in assaults which cause great injury. Others have been known to result in death…whether intentional or accidental.

This one, though, seems to have taken domestic violence to an unusual level.

Authorities say that they went to investigate a 911 call from a gentleman who claimed that his girlfriend had lunged at him with a knife and had tried to set his clothes on fire.

The officers arrived at the Somerville home at about 6:30pm yesterday. This was apparently not the first such response; police indicate that they had responded to the same home at about 3 a.m. after a neighbor reported shouting

When they arrived, 33-year-old Carol K. attacked them with a knife.

Continue reading "A Boston Defense Attorney Reviews A Deadly Case Of Domestic Violence" »

At his arraignment this month, Thomas J. Mortimer IV pleaded not guilty to four counts of Massachusetts first-degree murder in the deaths of his wife Laura Stone Mortimer, 2-year-old daughter Charlotte, 4-year-old son Thomas Mortimer V, and mother-in-law Ragna Ellen Stone. The 43-year-old Winchester software salesman was apprehended on June 17 close to the Vermont line after a driver that stopped to help him with his car on Route 10 recognized him and contacted the authorities.

An arrest warrant had been issued for Mortimer after the bodies were discovered in their home on June 16. Relatives reportedly had not been able to contact the family since June 14. Mortimer is accused of using “sharp objects” and “blunt force trauma” to kill the victims.

Middlesex District Attorney Gerard T. Leone Jr. says that Mortimer had left behind a note confessing to the murders while citing marital problems and financial issues. Mortimer is currently unemployed.

Mortimer’s Massachusetts criminal defense lawyer has said that the defendant’s mental health will be a factor in the case. She is seeking a psychiatric evaluation from Dr. Marc Whaley, a forensic psychiatrist, which indicates that she may make an insanity plea on Mortimer’s behalf. Mounting an insanity defense is an extensive process that can take over a year.

The charge of Massachusetts first-degree murder can refer to the premeditated and deliberate killing of another person, murdering someone while committing a capital felony, or the killing someone in an extremely cruel manner. A conviction for this crime can land a defendant in jail for life. This is not the type of case that you want to tackle without an experienced Boston homicide defense lawyer on your side.

Not-guilty plea in 4 Winchester deaths, Boston Globe, June 19, 2010

Four family members found dead in Winchester home, My Fox Buston, June 16, 2010

Related Web Resources:

Murder, Cornell Law School

The Insanity Defense, Washington Post

Continue reading "Winchester Man Pleads Guilty to Massachusetts First-Degree Murders of His Wife, Two Children, and Mother-in-Law" »

Bryan Harris, a South End resident, was arrested by police on Friday. The 26-year-old Boston man was charged with Massachusetts unarmed robbery, parental kidnapping, larceny over $250, assault and battery, and a dangerous weapon unlawfully carried. His arraignment is scheduled for Monday.

According to Boston police, a woman contacted police on Friday afternoon to report that Harris, her live-in boyfriend, had kidnapped their 1-year-old girl. She claims that she and Harris had gotten into a verbal dispute and when she asked him to leave he allegedly punched her face and shoved her into a closet.

The woman says that Harris then packed his clothes, stole her cell phone and debit card, and told her he was leaving the state with their daughter.

The authorities sent out an alert. Police later apprehended Harris on a Fung Wah bus on the Massachusetts Turnpike. The bus was going to New York. His daughter, Estrada, was with him. Harris surrendered to the cops.

Massachusetts Parental Kidnapping
Under state law, the kidnapping of a minor or incompetent by a relative is considered a crime that is punishable by a one-year maximum prison sentence and/or a $1,000 fine. If the child is endangered in the process or taken outside the commonwealth, a maximum 5-year prison sentence and/or a $5,000 fine is possible.

Man is arrested after allegedly fleeing with baby girl, The Boston Globe, June 25, 2010

Related Web Resource:
Parental Kidnapping Statutes, NDAA (PDF)

The General Laws of Massachusetts

Continue reading "Boston Dad Charged with Massachusetts Assault and Battery, Unarmed Robbery, Parental Kidnapping, and Larceny" »

22-year-old George Huguely, a member of the University of Virginia’s lacrosse team, has been arrested and charged with the first-degree murder of Yeardley Love, also age 22 and a member of the school’s women’s lacrosse team. According to police, Huguely and Love were romantically involved with each other and had just broken up.

On Monday at around 2:15 am, police were called to Love’s apartment over a possible alcohol overdose. However, Charlottesville Police Chief Tim Longo says that it became obvious that Love, who was found in a pool of blood in her bedroom, had experienced “obvious physical trauma.”

Police say that they found Huguely at his apartment and questioned him. He was arrested later that morning. Huguely has admitted that he and Love were having a disagreement when he shook her. He says that her head struck the wall more than once. The 22-year-old college athlete also admitted to kicking open Love’s bedroom door and taking her computer.

Huguely’s criminal defense lawyer is calling Love's death a “tragic accident.” Prior to enrolling at the University of Virginia, the 22-year-old was a high school All-American. The university lacrosse team that he belongs to is nationally ranked No. 1 in the U.S. Intercollegiate Lacrosse Association coaches' poll.

Massachusetts College Campus Crimes
If you are a college student who was arrested and charged with committing a crime on or off a Massachusetts college campus, it is important that you obtain legal representation as soon as possible. The outcome of your Boston college campus criminal case could determine whether or not you receive federal funding to cover your education, get into the graduate school of your choice, get a good job after college, or end up with a criminal record for life.

It can be scary to know that the future you’ve been working so hard for may be in jeopardy because you are under investigation or charged with a drug crime, drunk driving, underage drinking, sexual assault, rape, murder, stalking, cyber crime, larceny, assault and battery, larceny, shoplifting, vandalism, or any other criminal activity.

UVA lacrosse player George Huguely admits fight, hiding Yeardley Love's computer after death: docs, NY Daily News, May 4, 2010

Lacrosse player George Huguely charged in fellow U

Affidavit: Lacrosse Player Killed In Fight fter Breakup, WIBW.com

Related Web Resources:
University of Virginia

University of Virginia Men's Lacrosse

Virginia Cavaliers

Continue reading "Campus Crime: University of Virginia Male Lacrosse Player Charged with First-Degree Murder in Death of Female Lacrosse Player" »

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" »

Arraignments do not always take place in the courtroom, as Robert G., 19,(hereinafter, the “Defendant”) learned yesterday. He was arraigned in a Worcester hospital bed on charges of killing his ex-girlfriend, 19-year-old Allison M. (hereinafter, the “Deceased”). The Deceased was a Fitchburg State College freshman. In the past, she had obtained at least two restraining orders to keep the Defendant away from her, authorities said.

The Defendant was charged with first-degree murder, and violating the restraining orders, after allegedly stabbing and shooting to death the Deceased. He remains in critical condition after allegedly trying to kill himself as well.

“We are alleging that this is another troubling incident of domestic violence resulting in homicide, where the defendant is alleged to have fatally stabbed the victim, his ex-girlfriend, and then attempted to kill himself,” Middlesex District Attorney Gerry Leone said in a press conference this afternoon at his office in Woburn.

“This is the second such incident we have in consecutive weeks, where we are alleging that a male defendant has killed his former or present female significant other, and then seemingly tried to end his own life,'' Leone said. "We must continue to find ways to stem this tide of alarming domestic violence incidents.”

Continue reading "Massachusetts Homicide Charges Result From Restraining Order Violations" »

It’s another long weekend for many of us Bostonians starting today. That’s the good news. This means that law enforcement will be particularly aware of what is going on in the Commonwealth. That’s good and bad news, depending on your perspective. However, regardless on how you feel about it, you had best be wary of it or you will end your weekend in a courtroom hoping that your lawyer will be able to find the right words to allow you to return home by nightfall.

The police hyper-awareness on holiday weekends is routed in reality. Often, people forget the realities of their normal lives amid a long weekend of fun and frolic. For example, frolicking often involves alcohol or drugs. Drinking alcohol, and now smoking a small amount of pot, and staying put is not, in and of itself a problem. Sometimes, though, people decide not to stay put.

They may decide to go for a drive. Bingo! Operating Under The Influence…or worse. Perhaps they get a bit rambunctious and get into an altercation with someone they meet. Bongo! Assault and Battery. Maybe they are feeling generous and are taking some of their favorite drug with them to share with a buddy. Bango! Possession with intent to Distribute.

Continue reading "Attorney Sam’s Take: How To Avoid Arrest During A Boston Long Weekend" »

I grew up in the Boston area. I remember, when I was a kid, my father reading the newspaper and seeing an article that a former friend of his had pleaded guilty to several white collar crimes.
Actually, the reason the gentleman was a “former” friend was that my dad was one of the victims of the alleged fraudulent acts. Until reading that article, my dad had been convinced that his friend had not intentionally misled him to his detriment, but that the unfortunate result had been simply bad luck.

Now, my dad was convinced that he had been duped. “After all”, he said, “Why would the guy plead guilty if he were not guilty?”

It sounded right to me at the time.

Years later, I became a prosecutor in Brooklyn, New York. This was the start of my real education as to how the system works.

My answer to my dad’s question has rung hollow ever since.

Continue reading "Attorney Sam's Take: Charged With A Crime In Boston - What Now?" »

A recent Boston courtroom battle that hosted various law-enforcement characters, both past and present, has come to an end. When the jury returned, the verdict was “Not Guilty”.

Wayne A., (hereinafter, the “Defendant”) was a firefighter on trial for assaulting police officers in 2008. The setting was Roxbury Municipal Court. The complainants, of course were the officers whom he had allegedly assaulted and resisted arrest from. The defense attorney, Neil S. Tassel, was a former prosecutor himself.

The police had said in their police report that the Defendant had been shaking his girlfriend and shouting in her face when they arrived to investigate. They went to arrest him and, according to them, he violently resisted.

At trial, both the Defendant and said girlfriend testified that they had simply had a verbal argument, but that the Defendant was not even near her when police arrived. Apparently, the Defendant further testified that he did not even know that the police were there and they simply knocked him out during the incident.

Continue reading "Boston Arrested Firefighter Acquitted Of Assaulting Police" »

A gentleman from Plymouth began his week on Monday behind bars, looking for a criminal defense attorney. He stands charged with performing the type of deed that has been in the news lately connected to the death of pop icon Michael Jackson.

Sean D. (hereinafter, the “Defendant”) is now being held without bail. He is charged with spiking drinks for his wife and 18-month daughter with a sleep-aid.

The investigation began when the Defendant’s wife called police after she found her daughter ill, according to police. Their investigation found that he had allegedly been putting sleep aids into the mother and daughter's drinks on more than one occasion, police said.

The Defendant was arrested Sunday night at the family's home. He has been charged with distributing food with a harmful substance, was held at his arraignment on Monday, and is said to be returning to court today for a dangerousness hearing.

Continue reading "Massachusetts Dad arrested for Domestic Drugging" »

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

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

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

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

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

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