Boston Criminal Lawyer Blog

As James “Whitey” Bulger awaits trial for his part allegedly played in the murders of 19 people, the government’s day of judgment has already arrived.

Boston’s federal appeals court has upheld multi-million dollar judgments that had been awarded when the government was found liable for the deaths of three people allegedly murdered by Mr. Bulger. On Friday, the United States Court of Appeals for the First Circuit upheld the awards of $1.3 million, $350,000 and $1.1 million for the families of Debra Davis, Deborah Hussey and Louis Litif, respectively.

The court agreed with the trial court that the FBI showed “wildly reckless behavior” in the use of Bulger and his associate, Stephen “The Rifleman” Flemmi, as informants and shielding them from prosecution.

Steve Davis, the brother of Debra Davis, told The Boston Globe the appeals court’s decision shows his sister mattered.

Attorney Sam’s Take On Governmental Abuse And Double Standards

This was a civil lawsuit. In other words, the plaintiffs, private citizens, brought lawsuits against the government in order to receive damages…money. It was not a criminal prosecution.

There are various extra hoops an individual must jump through in order to bring a lawsuit against a state or federal government or one of its agencies. However, these hoops are nothing compared to the hoops one must jump through in seeking justice in the criminal courts against such an entity.

Continue reading "BOSTON’S FEDERAL APPEALS COURT UPHOLDS WHITEY BULGER KILLINGS VERDICT AGAINST THE FBI." »

John Analetto, 48, of Belmont is another gentleman who’s New Year’s weekend did not go terribly well. On Saturday, the 19-year- state police veteran bid his family adieu as he donned a new role in the criminal justice system.

He is hereinafter referred to as the “Defendant”.

Arrested on Saturday, the Defendant is being held in federal custody and is scheduled to face a probable cause hearing on Friday. He has been charged with extortion after allegedly threatening to kill a bookie and sexually assault his mother.

He is looking at a possible 20 year sentence if convicted.

The FBI says that the Defendant had loaned his bookie $24,000 last fall in return for a piece of the action. Apparently, there is an unfortunate audio recording from December wherein the Defendant warns the bookie (actually, and FBI informant), “Will I kill you? Ya, I’ll (expletive) kill you” when the Defendant faced not being paid back.

Last week, things got a bit more violent when the Defendant allegedly began head-butting and slapping the informant. An affidavit submitted by the prosecution also alleges that the informant was not the only target of the Defendant’s threats in that he had also left a message for a bettor, saying, “We’d appreciate if you contact the right people and start doing the right thing. Or 2012 isn’t going to be too good for you. ... So Happy New Year to you and your mom and dad and family.”

The past two months have not been kind to the Massachusetts State Police and public corruption. For example, the Defendant now joins the ranks of a Captain who was arrested after leading Saugus officers on a chase down Route 1 and faces Massachusetts drunk driving charges and another Trooper who was found with an alleged prostitute.

Attorney Sam’s Take On Massachusetts Debt Collection And Remedies To
Theft

With all the political debate about casinos, state lotteries and other types of betting in the Commonwealth, one might wonder when betting is illegal and when it is encouraged. However, you probably do not need an experienced Boston criminal lawyer to tell you that threatening to kill folks and sexually assault their mothers is generally frowned upon.

Continue reading "MASSACHUSETTS STATE TROOPER FACES CRIMINAL CHARGES FOR ALLEGED EXTORTION AND THREATS" »

Legal history is being played out again in Newark, New Jersey. The famous late trial attorney Clarence Darrow who handled ground-breaking cases like the Scopes (Monkey) Trial (as depicted in many movies and the film “Inherit The Wind”) was not only a renown criminal defense attorney.

He was also a criminal defendant, charged with jury tampering at one point. Today, a jury is hearing evidence and will soon determine the fate of another prominent defense attorney against whom the United States has brought criminal charges.

The lawyer, Paul Bergrin (hereinafter, “Defendant, Esq.”) was arrested in 2009 in connection with what the government claims wasa racketeering enterprise involving drugs, prostitution, money laundering and witness tampering.The witnesses against him? Former clients!

"When people are confronted with spending extraordinary amounts of time in jail, they will say anything and they will do anything to gain their release," Defendant, Esq. told the jury during his opening statement in U.S. District Court. "The only way for them to do that is to cooperate with the government."

Defendant, Esq. is not only the defendant in the case…he is also the defense attorney, representing himself.

The above-listed charges were severed by the court. Presently, He is facing trial on a murder charge. He is accused of murder and the criminal conspiracy to commit murder of a government informant, Deshawn “Kemo” McCray, who had been scheduled to testify against one of Defendant, Esq.’s clients.

According to the government, Defendant, Esq., provided Kemo’s name to his client’s associates, one of whom shot Kemo to death. The prosecution claims that Defendant, Esq. had told said associates, “No Kemo, no case.”

While this trial focuses on the allegations of murder, the prosecutors have been able to tell the jury about allegations of involvement in a drug operation. In his opening statement, the prosecutor described Defendant, Esq., as a "house counsel" for a Newark-based drug operation who gradually became involved in the drug trade himself and saw his own world about to fall apart if Kemo was to testify.

"That provides the motive for this crime," the prosecutor told jurors. "He had a personal motive at this point; his neck was personally on the line."

Continue reading "NEW JERSEY CRIMINAL DEFENSE LAWYER IS PROSECUTED IN FEDERAL COURT FOR CONSPIRACY TO COMMIT MURDER " »

It has been said that hard cases make bad law. Well, maybe. But it also seems that high profile cases tend to make sudden amendments to the law, twist it up into a pretzel and then eat away at it until it is no longer noticeable.

It is a fascinating time for people like me, who actually care about the system and what it is supposed to represent, to watch as rights are slowly eroded and the procedures themselves are bastardized.

I remind you of the “Who’s gonna pay for Whitey’s attorney now that the government has taken all his money circus” that we were treated to a week or so ago.

I understand that my opinions in this blog must anger a lot of people. Sorry about that. The problem is that I also have an annoying tendency to be correct. I direct you to the once-held-as-heroic travesties of South Hadley’s prosecutor and the following “super-tough” action of our legislature to bully Massachusetts bullies.

Well, in any case, prepare to be more aggravated than ever today.

Yesterday, Catherine Greig, longtime girlfriend of Whitey Bulger, began her detention hearing. However, the Magistrate Judge hearing the case is allowing so much venting of so many human systems, that one day was not enough. It is now continued until Wednesday.

On Wednesday, relatives of Whitey Bulger’s alleged victims are supposed to be heard.

By the way, if you were under the impression that the purpose of this hearing is to see whether Ms. Greig should be released on bail while awaiting a trial in which the government has yet to prove her (or Whitey, for that matter) guilty of something…you were actually correct. That’s right….this is not her actual trial. This is to determine incidentals like whether she is likely to return to court to answer the charges against her. By the way…those charges do not include murder, drug trafficking or other things which often “necessitate” someone being held without the Constitutional right to bail.

But, I digress.

The court’s unusual move was apparently made at the behest of United States Attorney Carmen Ortiz’ office. Yes, that would be the prosecution. One of the contestants of what is quickly becoming a new “best show on earth”. The court endorsed the wonderful idea that relatives of some of the 19 people Bulger is alleged to have killed, or whose death he is accused of orchestrating, be allowed to take the witness stand in US District Court.

You may be wondering how their testimony would be relevant to the issues at hand.

Me too.

But, that incidental aside, the important thing is that while the prosecution and defense are dealing with legal issues like bail, the relatives of alleged victims will finally have their first chance to speak in court and lash out at the bad guys before anyone is proven guilty of anything. Now, the logic of this might confuse you alittle. After all, usually such statements are not allowed unless and until a defendant is proven guilty beyond a reasonable doubt.

But, hey, look …people are not too happy with the justice system these days. After all, as discussed last week, a woman was found “not guilty” of the murder allegations brought against her which most onlookers thought was guilty. Further, a lot of people have been pretty angry with Whitey since he took off so long ago. Now, true, Ms. Greig has not even been charged with taking part in any of the murders…let's face it...a detention hearing for Whitey would be laughable. These poor folks have been waiting around just chomping at the bit to lace into Whitey and his alleged deeds since Bulger’s capture last month. They’ve been pretty patient…why not throw them a bone?

I mean, who is it going to hurt? Ms. Greig? Come on, she’s a bad lady. She was with Whitey. Why should we do anything to preserve her rights?

Even the attorney for one of the families of an alleged Bulger victim admits surprise “I really haven’t seen it happen before,” he explained. Perhaps remembering who he was representing at the moment, he continued, “But this is such an unusual case that it’s really hard to compare this with happens with other cases.’’

Of course! It is the perfect case in which to throw Constitutional safeguards out the window in favor of “feel good” rulings! After all…it’s good politics!

Oh, wait…you mean this isn't the governmental arm that is supposed to be political?

Uh-oh.

Attorney Sam’s Take On Bad Guys And Constitutional Rights

Yesterday, I wrote about hypocrisy and it would appear that that “h”word has lifted its ugly head again. Perhaps we should just throw in the towel and handle these cases the way the government, and, it would seem, many of us, would prefer.

Continue reading "Catherine Greig Begins Her Detention Hearing In Boston Federal Court " »

Blasphomy! Yet, I heard it myself on WBZ radio this morning!

Yesterday, the Casey Anthony jury in Florida shocked the nation, if not the world, by delivering a verdict of “Not Guilty” after her widely watched trial. Not guilty of killer her two-year-old daughter, Caylee. Not guilty of all the homicide counts. Guilty only of lying to investigators.

This may have surprised people...but that was not the unspeakable things to which I refer above.

The public is roaring “foul!” How could a jury listen to all the evidence as well as the law the judge told them and find the defendant not guilty of killing her daughter? After all, everybody else, who, incidently, did not have the jury’s vantage point, were convinced of her guilt! And they should know better, after all. They were mostly convinced of her guilt long before the jury was even sworn! Who are these Johnny-come-lately jurors to contridict general concensus?

Nope. Still not the misbegotten statements about which I speak.

The forbidden sentiments I heard on the radio were spoken by the prosecutor involved as well as an alternate juror in the case.

The DA said that he believed that the jury followed the evidence and the law! The alternate juror said he agreed with the verdict!

How dare they? People are comparing the verdict to the O.J. Simpson fiasco. Once again, according to uninvolved and comparatively uninformed public, the jury got it wrong. How dare the alternate juror and prosecutor suggest anything different?

To make matters worse, as everyone will tell you, the defendant may be set free after serving a mere 3 years in custody awaiting trial! How can that be the result simply because a silly little jury found her not guilty of homicide?

To add insult to injury, the defense attorney lashed out at the media after the verdict, saying, “ I hope that this is a lesson to those of you having indulged in media assassination for three years, bias, prejudice and incompetent talking heads saying what would be and how to be".

Many believe that this criticism was aimed toward legal scholars like Nancy Grace in her television show.

Incidently, do you remember the last time there was a public outcry over a finding of “gulity”? How about the first time? Can you even think of more than one instance when that occurred?:

Attorney Sam’s Take On The Assumption Of Guilt

“Sam, weren’t you going to continue writing about Whitey Bulger and prosecutorial advantage in the courtroom today? Is there some connection between the cases, other than Whitey’s being arraigned in federal court today for alleged Massachusetts murders, about which we are unaware?”

There sure is. Those two cases and just about any other criminal matter.

Continue reading "South Boston’s Whitey Bulger, Casey Anthony And Innocence" »

You know, when addressing to things like the long-sought capture of alleged mob kingpin Whitey Bulger, one really has to laugh sometimes at what captures the media’s attention.

As you may recall, last week was a big one for Whitey (hereinafter, the “Defendant”), He had just been captured after evading various state and federal law enforcement agencies, and their outstanding warrants, for years. The Defendant was wanted for a host of crimes including various Massachusetts murders, federal white collar crimes and…well, you name it. He was apprehended out of state with his his wife, Catherine Elizabeth Greig, a great deal of money and, allegedly, a substantial collection of firearms. He was brought back to South Boston’s federal court, where two significant legal issues quickly presented themselves.

The first issue was that of counsel. We discussed it a couple of times in this blog last week, but, suffice to say, the Defendant took the position that, since the government had taken all his money upon his capture, he could not afford his own experienced criminal defense attorney. The government sought to break new legal ground by weighing into the issue, claiming that publically funded counsel should not be provided because law enforcement believed that the Defendant had other access to money…such as his family and friends.

Prosecutors also claimed that the Defendant must have money hidden elsewhere and so he should use that. What they did not mention of course, was that they were hoping the Defendant would disclose said alleged funds so that they could grab that money as well.

And so it was that the court scheduled hearings on that mind-bending legal conundrum and a temporary attorney (hereinafter, “Substitute Counsel” was appointed in the meantime. Said attorney would deal with the issue of counsel as well as the new motion brought forth by the government. The new motion was to dismiss the earlier charges against the Defendant (the ones that allegedly sent him fleeing the Commonwealth in the first place) and simply go forward on the later indictments which included several charges of murder.

Well, the week brought us two days of hearings for the Defendant. As for the dismissal, the government won. This was really no surprise, as we will get to tomorrow. The Defendant, however, did get his court appointed attorney. Frankly, he hit the legal jackpot in doing so, receiving the aid of Attorney J. W. Carney, Jr., an attorney with whom I am acquainted and respect greatly.

The funny part is that of the various issues which have been, and will be, involved in the Defendant’s prosecution, none seemed to be the issue which primarily concerned everyone as the week came to a close. Instead, it was the issue of transportation which seemed to be the main concern.

You see, at the request of the United States Marshals, the Defendant got a free helicopter ride.

To bring him to court from his holding cell, the Defendant was brought on board a US Coast Guard Jayhawk MH-60 helicopter and then driven in a convoy to US District Court in South Boston for his Wednesday hearings. He was then flown back to jail on the Coast Guard chopper.

Various people were enraged. Family members of those allegedly killed by the Defendant complained that they had never had such a helicopter ride. Of course, presumably, they had never spent such time in chains as the Defendant is, either.

Indeed, radio talk show hosts, closely monitoring these critical issues opined at the costs associated, and so charged to the public, were in the high thousands of dollars. The last word on the number is that the Coast Guard and US Marshals are claiming that the transport cost only $1,500.

Even politicians weighed in on this seemingly critical matter. United States Senator Scott Brown, for example, wrote a letter to the head of the US Marshals Service, pointing to the Defendant’s helicopter ride and the marshals’ use of a “private luxury jet’ to bring him back from California, where he was arrested last week. “I agreed with U.S. Attorney Carmen Ortiz when she said Whitey Bulger would be ‘treated like every other defendant.’ So far, that does not seem to be the case,” he wrote.

Maybe they should have just made him walk the many miles like in the good old days, pulled by horses should he slow down.

Attorney Sam’s Take On Courthouse Security, Surviving Court And Money

Before you imagine the Defendant sitting in his window seat, happily enjoying his helicopter ride as officials point out sites of interest as he licks his ice cream cone and holds a balloon in his other free hand, you may want to venture back to reality.

Continue reading "South Boston’s Whitey Bulger Faces Homicide Charges And FliesThe Unfriendly Skies" »

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" »

In case you missed it, James “Whitey” Bulger (hereinafter, “Whitey”), the long-sought reputed mob boss of Boston, was arrested and brought back home last week. Home for Whitey was South Boston. Standing there now, of course, is Boston’s Federal Court…which promises to house a great deal of the rest of his life. He is now in his 80’s and charged with many federal crimes.

Whitey’s arrest was difficult to miss last week. What was easy to miss, I suppose, were nasty words like “alleged” when discussing his past. Leave it to a die-hard experienced criminal defense attorney like me to notice. I can be a bother that way.

Anyway, Whitey’s history, whatever the actual truth turns out to be, is , and will continue to be, fodder for a host of blogs like this one. In fact, I can see focusing on his story(ies) all week this week. We’ll see.

Leave it to Whitey, though, he returned throwing the government for a loop right off.

You see, Whitey is believedto have access to all kinds of money. He was also arrested in possession of a great deal of money. The government, of course, believes that this money must be ill-gotten gains and so contends that he should not have access to it. Indeed, in these types of cases, monies are routinely seized by the prosecution as they bring an action for forfeiture of the funds.

A criminal defendant in this country, particularly when facing the possibility of incarceration, has the right to an attorney. We treasure this right so highly that, if a defendant is found to be indigent, unable to afford his/her own lawyer, one is provided. When this topic came up last week during one of two hearings for Whitey, he indicated that the only way he could afford his own attorney was if the government gave him access to the money they seized.

The government objected, claiming that Whitey had access to other funds and that the monies seized were to be forfeited.

The court appointed a temporary lawyer and US District Court Chief Judge Mark L. Wolf has now Ordered said temporary lawyer and federal prosecutors to try to reach an agreement about whether Whitey is entitled to a public defender by the end of the day today.

Both sides are expected to file memoranda and affidavits concerning Whitey’s finances. A hearing is scheduled on the subject on Wednesday.

Whitey’s longtime companion, Catherine Greig, who has been charged with harboring a fugitive, has also requested a public defender.

That matter is also expected to be addressed in court this week as well.

Attorney Sam’s Take On The Right To Counsel And Presumption Of Innocence

The issue of whether or not a criminal defendant gets a court-appointed lawyer is an issue between the court and the defendant. Generally, the prosecution has no standing to address the issue.

Continue reading "South Boston’s Whitey Bulger Needs Experienced Massachusetts Criminal Defense Attorney" »

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" »

Hey, anybody out there remember Boston’s own Eliezer Gonzalez?

Mr. Gonzalez, formerly a Boston police officer and hereinafter the “Defendant” has brought to a close his federal criminal case. His case involved white collar crime.

The Defendant was accused of faking injuries and fraudulently collecting injury leave pay. According to federal prosecutors, the defendant had collected about $173,000 in injury leave pay and had filed for accidental disability retirement after supposedly suffering on-the-job injuries in 2007.

Unfortunately for the Defendant, he was seen going to the L Street Bathhouse, salsa dancing, and traveling abroad without difficulty during said leave.

And so it was that the Defendant found him charged with fraud. Yesterday, he received a year and three months in federal prison after pleading guilty to 34 counts of mail fraud.

Attorney Sam’s Take On Massachusetts White Collar Crime And Mail Fraud

White collar crimes are crimes which involve unlawful, nonviolent conduct committed by business and government professionals. These crimes involve fraud, theft or other violations of trust committed in the course of one’s employment. These crimes can also be brought on behalf of various agencies in which subscribers or others in a contractual relationship commit such fraudulent acts.

Continue reading "A Boston Former Police Officer Serves Time In Federal White Collar Case" »

Rumor has it that the South Hadley bullying case which began with the roar of a despearate political prosecutor is going out with a wimper from her replacement who was left to clean up her messes.

You may recasll that the late Phoebe Prince was the tragic figure about whom the public was in an outcry. Ms. Prince committed suicide and it was determined that the reason was that several of her classmates were bullying her both in person and through the internet. Like a not-quite- as- sympathetic Ponchus Pilot, the area’s most senior law enforcement official, the District Attorney, abandoned her oath to “do justice” and, instead, catered to political opportunity. She took the unusual step of indicting a bunch of kids who were allegedly Ms. Prince’s bullies. This was done, of course, before the full investigation into Ms. Prince was conducted. Said inveastgation revealed a very troubled young lady who had attempted suicide long before she even got to South Hadley.

Of course, to give the indictments the proper stench, she included in the group boys with whom Ms. Prince is alleged to have had sex. They were now charged with MA statutory rape and grouped in with the bullies.

Thankfully for the cause of Justice, the political strategy backfired and that District Attorney found herself out of her job.

Now, while the defendants will still have MA felony charges on their criminal records as they attempt to continue in school or find jobs, the Commonwealth is said to be offering plea bargains which will allow five out of six of the defendants to plead guilty to misdemeanor charges and having the more serious charges dropped. It is believed that the defendants will be allowed to plead guilty to Massachusetts criminal harasssment.

Previously the defendants faced a variety of charges, including including civil rights violations causing bodily injury, criminal harassment, stalking and disruption of a school assembly.

Even the stutory rape charge will apparently be dropped against one defendant.

Continue reading "South Hadley Students Are Reported To Be Pleading Guilty To MA Harassment " »

These days, it seems that crimes are prosecuted based upon two things. The first, of course, is the criminal activity itself. Sometimes, however, the motivation behind the crime is an Aggravating factor that is almost a crime unto itself. Take, for example, the tale of Michael Jacques (hereinafter, the “Defendant”) The Defendant is being prosecuted for a Springfield Arson.

However, as the prosecutor announced at the beginning of the trial, “We are here today because of racism”. Indeed, the Defendant is not simply being prosecuted for arson, but also for the crime being a Massachusetts hate crime.

The trial, which has begun in federal court in Springfield, began this week. The Defendant, a known racist according to the prosecution, is accused of showing his disdain for the African-American community by torching a predominantly black church to protest the election of Barack Obama in November 2008 as the country’s first black president.

According to the prosecution, the Defendant confessed that he and two other men “burned the church because it was a black church.’’

Continue reading "Springfield Arson And Related Hate Crime Conspiracy Is Brought To Trial In Federal Court" »

Chuck Turner (hereinafter, the “Defendant”) faced the federal judge yesterday. Finally, after listening to lord knows how many hours from the Defendant, the judge got to have his say. It was sentencing day for the Defendant. The final act of the recent federal trial during which a jury found him guilty of white collar crmes

The defense argued for leniency for the 70-year-old civil rights crusader. They pointed to his four decades of service as a community activist and elected official...aside from whatever other corruption one might assume took place during those years. They appealed to the court to give the Defendant probation, allowing him to avoid obligatory government housing altogether.

The prosecutors suggested a prison term of 33 to 41 months. They argued that the Defendant lied on the witness stand (aka perjury) and that he made a mockery of public office and the criminal justice system.

The Defendant was convicted in October of attempted extortion and three counts of providing false statements to FBI agents. He protested his innocence then and does so now. He blames his conviction on a government conspiracy to discredit elected officials of African-American descent.

Continue reading "Chuck Turner Is Sentenced In Boston’s Federal Court For White Collar Crimes- Attorney Sam’s Take " »

Gerard Sasso, 52, of Medford, (hereinafter, the “Defendant”) has made Massachusetts history. In fact, he is not only a “first” in the Commonwealth, but is a “second” in the country! Unfortunately, he will be “celebrating” in a federal prison.

Yesterday, the Defendant became the first person in the state -- and the second in the nation -- to be convicted for lasering an aircraft. He was convicted of charges of willfully interfering with an aircraft operator with reckless disregard for human life, and of making false statements, the US attorney's office said in a statement.

The Defendant received the award of three years in prison for shining a laser at a State Police helicopter that was escorting a tanker through Boston Harbor, federal prosecutors said.

Apparently, the Defendant shined a powerful green laser on the helicopter on December 8, 2007. Prosecutors said the pilots were able to determine the light was likely coming from his apartment. When the police went to his apartment to investigate, he initially denied having the lasers but later confessed, prosecutors said. The green laser was recovered, along with 10 other lasers, from the apartment.

"This sentence should send a strong message that interfering with an aircraft in any way will result in aggressive prosecution and stiff sentences. Such actions endanger lives and disrupt air travel, and will not be tolerated," quota the government.

Continue reading "Medford Man Is Sentenced In Federal Court For, Among Other Things, Lying To Police-Attorney Sam’s Take" »

Today, as we “hunker down” and “enjoy” the last blizzard of the year, we continue the discussion about recent Massachusetts sentences that were recently handed down to fairly unusual criminal defendants during this holiday season. Today’s matter involves a meeting of sexual assault and prostitution.

James M. Burke, 43, of Chelsea (hereinafter, the “Defendant”) was a criminal court clerk magistrate in Chelsea District Court. Apparently, he had an interesting thing going with a couple of criminal defendants in court. These particular defendants had been arrested for prostitution.

According to one of the complainants, the Defendant removed her from her cell in the courthouse in 2005. He then led her to a room, locked the door, and promised to get her case dismissed in exchange for oral sex. After she fulfilled her part of the deal, the case was not dismissed.

The second victim testified that the Defendant stalked her after her arrest on a prostitution charge, then sexually assaulted her when she was at the courthouse last year. She claimed during the trial in federal court that she was forced into a downstairs room, where he sat on her during the assault and threatened to keep her in jail if she did not comply with him.

“I absolutely did not consent to this action,’’ she told the judge . “The brutality of it was shocking to me. Even though I had worked on the streets on occasion, nothing compared to the humiliation and powerlessness that I felt.’’

Continue reading "Attorney Sam’s Take: Massachusetts Criminal Court Is The Scene Of Unusual Sexual Assault For Which Clerk is Sentenced (Pt 2)" »

I am often asked whether Massachusetts prosecutors and judges are more lenient during the holiday season. The answer is like most answers in human events...it depends. As we end the year in which various unlikely Massachusetts criminal defendants have faced “Justice” at the bar, it is worth seeing what sentences have been coming down in cases ranging from fraud, to bribery, to sexual assault...and beyond.

Today, let’s look at an on-going sentencing struggle in federal court. it is the case in which the fate of former state senator Dianne Wilkerson is still being battered about like a piñata although she pleaded guilty months ago. As I have mentioned in the past, federal sentencing is a complicated process, complete with its own book of rules and guidelines as well as the consideration of virtually anything under the sun including the alleged existence of potential uncharged crimes.

Ms. Dickerson was supposed to be sentenced this week pursuant to her plea bargain. However, a hearing as to new allegations (supposedly committed long before her plea bargain) was held. At the hearing, the court heard testimony from a Dorchester businessman that Ms. Dickerson had pressured him to pay her several thousand dollars from 2002 to 2006 to help relieve her financial problems and that he complied because he thought it would give his multimillion-dollar development proposal in her district a boost.

“I felt it couldn’t hurt me in moving my project along,’’ testified businessman Azid Mohammed, who prosecutors say paid Wilkerson $6,700 in checks and cash. He testified in US District Court during an unusual evidentiary hearing that sets the stage for Wilkerson’s sentencing next month in a bribery case. But he added, “No, I didn’t want to make those payments.’’

By the way, in case you are wondering, there is no news of his being charged with anything such as offering or paying the bribe..

Continue reading "Attorney Sam’s Take: Massachusetts Criminal Sentences For 2010 Crimes Of Fraud, Bribery, Sexual Assault And Beyond Are Discussed And Compared (Pt 1)" »

The Commonwealth of Massachusetts has now changed its mind regarding the role of state authorities in the criminal investigation of illegal aliens. For the past few years, various states have used various tactics in the tracing of illegal aliens. They claim that the discovery of said aliens helps stem the tide of various crimes, including robbery, murder and drug trafficking. Thus, the logic goes, keeping said aliens out of the country is a valid law enforcement goal in the fight to keep us all safe.’

Until now, however, Massachusetts state officials have refused to join the cause. This has now changed. The Commonwealth will now join the federal program that screens all people who are arrested and fingerprinted to determine whether they are in the country legally. Those who are illegal will then be reported to US Immigration and Customs Enforcement (“ICE”), which will decide whether to detain and deport them.

This step is a change for Boston’s Patrick administration, which had adamantly opposed having the State Police help enforce immigration law. In fact, one of his first acts as governor was to overturn former governor Mitt Romney's pact with the federal government to deputize some state troopers to enforce immigration law.

The reason for the change? Well, “Over the last year we have received conflicting information from ICE relative to the program. It has become clear now that this program is going to be mandatory for all communities in the near future,” Public Safety Secretary Mary Beth Heffernan has explained. “With that knowledge we will sign the (memorandum of understanding) with ICE. We will also work closely with all communities to monitor the implementation and share with federal officials any concerns that are raised.”

Uhm....doesn’t that sort of sound like legalspeak for “It looked like we were going to have to do it anyway, so we figured we would do it before the proverbial political gun was actually pointed between our eyes so we could claim we did it willingly”?

Continue reading "Attorney Sam’s Take: Massachusetts Joins Federal Agents Investigate Suspects’ Immigrant Status " »

Eighteen individuals have been arrested on cocaine trafficking charges after a drug bust in Dorchester. Federal prosecutors identified Michael T. Williams as the alleged kingpin in papers filed with the U.S. District Court today. They allege that he has been buying kilos of powder cocaine and turning it into crack in a family-based drug ring that has been operating since the 1990s. They have moved to seize four homes in the Dorchester neighborhood, including three adjacent multi-family houses on Greenwood Street, which prosecutors allege to be at the heart of the operation. In addition to the Greenwood multi-families, they have moved to seize a house at 8 Peacevale Road, which they allege was used by one of Williams’ associates.

Federal, state and local police targeted Williams in July 2009 when an unidentified person came to Boston’s DEA office with information. A press conference will be held today at the office of U.S. Attorney Carmen Ortiz.

This is the second major cocaine bust this week. On Monday night, 200 pounds of cocaine were seized and two men were arrested after federal, state and local police allegedly watched them unload cocaine in Revere.

These individuals will all need the help of criminal defense attorneys, and our experienced lawyers at Altman & Altman can provide the aggressive defense that cocaine trafficking charges require. Trafficking is the most serious of all drug crimes, and a federal cocaine trafficking charge carries a 5-year mandatory minimum and up to 40 years for a first offense. These investigations tend to be far-reaching, and even more individuals than the 18 who have been arrested may be under investigation. If you have been arrested, charged, or suspect that you are under investigation for drug trafficking or any other crime, call a defense lawyer.

Source: The Boston Globe, Long-term ‘family-run’ drug ring busted in Dorchester, officials say

Continue reading "Eighteen Arrested in Connection with Alleged Dorchester Cocaine Ring" »

Sometimes, criminal justice reality in the Boston area reveals itself, as if on cue, to demonstrate points made by this daily blog. Since Friday, I have been referring to the inequality between the resources of the prosecution and the defense. Another example has presented itself during the ongoing Chuck Turner federal trial for alleged white collar crimes.

As you know, Mr. Turner is on trial in a corruption matter which was related to that of Diane Wilkerson. Thankfully for the United States Attorney’s office, Ms. Wilkerson pleaded guilty. Mr. Turner, however, has insisted the prosecution prove him guilty beyond a reasonable doubt.

As I have pointed out in the past, the federal prosecutors rarely go to trial on a matter unless they have a strong chance of winning.

This one, however, may not go so well.

You see, their chief witness, Ronald Wilburn, has indicated that he now refuses to testify for the prosecution. Last week, there was a session in which he was questioned by the judge, but the results have not been revealed. When WBZ interviewed me last week, I explained that the potential loss of said witness would not necessarily derail the prosecution so long as they had someone else to authenticate the video tape of the alleged crime.

Continue reading "Federal White Collar Criminal Trial Exposes Inequality Between MA Prosecuting And Defending Attorneys " »

The attorneys in the Chuck Turner corruption case are expected to make opening statements today, Already, however, issues have arisen which cast doubt on Mr. Turner’s ability to have a fair trial. In other words, from the defense’ view, should there be a conviction, appeal issues have already begun to present themselves..

Last week, we discussed the government’s witness who no longer wishes to be a witness in the white collar criminal case

As the week went on, jury selection began.

As you know, the purpose of jury selection is to pose various questions to prospective jurors to weed out those who cannot be fair and impartial to both the defendant and the government. One of the areas in which the court inquires is whether or not the prospective jurors already have heard anything about the case prior to the trial. This is because the jury is supposed to limit their consideration of the facts to the evidence as presented at trial.

As you also know, every fact that exists about a matter, or that was reported in the press, is not necessarily admissible at trial.

Well, it would appear that many of the prospective jurors in the Turner case already knew something of this case prior to coming to federal court to potentially sit on it. Some knew the basic outline of the federal corruption case, others barely anything at all.

But one thing was engraved on the minds of many: the explosive photographs of former state senator Dianne Wilkerson and Turner allegedly taking bribes in 2007 and 2008

In particular, several prospective jurors mentioned a widely disseminated picture of Wilkerson stuffing 10 $100 bills into her bra at No. 9 Park, a posh restaurant near the State House.

Game over for said potential jurors? Not quite.

Continue reading "Jurors Already Aware Of Evidence In Corruption Case In Federal Criminal Trial" »