Boston Criminal Lawyer Blog

Yesterday, I had to go to a local Massachusetts Registry of Motor Vehicles. Now, I am a lawyer. I have some idea of how some of these things should work. I am also somewhat knowledgeable about the system, bureaucracy and red tape, including how simple things can be made very unsimple. The result? I walked out about 2 hours later (the ticket I was handed said I would be seen in 8 minutes) and with my goal still not reached. Not only that, but this inconvenience resulted in the first time I saw the clerk perform what I took to beng the closest she ever came to a smile.

What can one do? Well, today I can take the small step of delivering a blog about the RMV!

Well, sort of.

I direct your attention to Framingham, where sits a Middlesex grand jury which has returned indictments recently against Mr. Ahmed S., 30, (hereinafter, the “Defendant”). He had been arrested a month earlier due to an investigation which apparently revealed that he was falsifying drivers' licenses, the AG's office said.

Continue reading "Boston Attorney General Indicts RMV Clerk For White Collar Crimes" »

Lest you think that Amy Bishop is the only person being haunted by Ghosts of Boston-Area Criminal Allegations Past, let me discuss with you the case of Bob O. (hereinafter, the “Target”). Suddenly, the Target needs a lawyer. A good one. An experienced one.

It was the summer of 1976. Sam A. (hereinafter, “Witness”) recalls he was strolling down the Boston streets when he ran into his friend, the Target. The Target was with a 14-year-old lad that we will call “Youth”.

“Gee”, thought Witness. “It sure is odd to find [Target] with a 14-year-old…” and then the thought of said oddity dissolved inside Witness’ head.

Thirty years went by. Witness and the Target became closer and closer, sharing a passion for sports. Over the years, the Target built up quite a reputation as a standout coach for the powerhouse basketball team at Christ the King Regional High School in Queens, New York.

Well, it looks like the friendship has seen better days. You see, Witness is now cooperating with Boston prosecutors presenting evidence to a Suffolk grand jury that the Target repeatedly molested Youth all those years ago, while staying at the Sheraton Boston Hotel.

Continue reading "Grand Jury Investigation Into Past Boston Sexual Assault Underscores Need For Experienced Criminal Defense Attorney…Quick!" »

A second woman is now accusing Pittsburgh Steelers quarterback Ben Roethlisberger of sexual assault. The alleged incident is said to have occurred at a Georgia nightclub early Friday morning close to where the NFL player owns a home.

The football player and the alleged victim had been socializing with the same groups of people that evening. The woman, age 20, was treated at a hospital and then later released. She filed her complaint later that night.

No criminal charges have been filed against Roethlisberger, and investigators are looking into the allegations. Deputy Police Chief Richard Malone noted that the football player is not an official suspect in the case at this time, and witnesses are being interviewed. Roethlisberger’s agent has expressed skepticism that these latest allegation against the football player are true.

The Steelers quarterback is the defendant of a personal injury lawsuit accusing him of sexually assaulting another woman. The accuser, Harrah’s hotel employee Andrea McNulty, never filed a police report over the alleged incident and no criminal investigation ever took place. McNulty claims that the NFL player raped her after summoning her to his room to repair a TV.

Boston Sexual Assault Crimes
Sexual crimes are serious offenses that can lead to harsh punishments for those that are convicted of:

• Rape
• Statutory rape
• Sexual assault
• Child Pornography
• Prostitution
• Indecent Assault & Battery
• Cyber Sex Crimes
• Sex crimes involving children (ages 14 and under)
• Pornography
• Lewd Conduct

NFL star Roethlisberger accused of sexual assault, CNN, March 5, 2010

Andrea McNulty Accuses Ben Roethlisberger Of Sexual Assault, Huffington Post, July 21, 2009

Related Web Resources:
Ben Roethlisberger, NFL.com

Continue reading "NFL Football Player Ben Roethlisberger Accused of Sexual Assault " »

Did you know that the Boston Criminal Law Blog is the number one read criminal law blog in Massachusetts? Thanks for that, by the way. Well, it looks like we need to tell our neighbors in Rhode Island about it too. After all, I began this week warning you about keeping your cool during…heated…situations.

I meant outside as well as inside.

Nevertheless, one day after I posted the blog, a Rhode Island woman allegedly threw her coffee onto a meter maid who was ticketing her car in Brookline.

Krystle C., 23, of Rhode Island (hereinafter, the “Defendant”) has been arraigned in Brookline District Court on charges of assault and battery with a dangerous weapon and assault and battery on a public employee. She was released on personal recognizance (no bail) and a further hearing was scheduled for April 5th.

Yes, the dangerous weapon was the coffee.

Continue reading "Boston-Area Parking Violation Results In Felony Assault With Weapon Charge" »

Amy Bishop’s parents say that they will cooperate in the judicial inquest into the 1986 Braintree, Massachusetts fatal shooting of their son. However, they are adamant that Bishop shot him accidentally.

Bishop, a 45-year-old University of Alabama Biology professor, is now charged with the fatal shooting deaths of three university staff members on February 12. Following this month’s incident, Norfolk District Attorney William R. Keating initiated the inquest.

In 1986, Bishop, then 21, fatally shot her brother Seth, 18, with a 12-guage shotgun. Afterwards, she was accused of pointing a shotgun at two people at a car dealership where she demanded a car. Bishop was not charged with any crimes even though Keating says that Bishop could have been charged with carrying a dangerous weapon, assault with a dangerous weapon, and unlawful possession of ammunition.

US Representative William Delahunt, who was Norfolk district attorney at the time, says that the case was handled appropriately based on the information that was available. Now, investigators claim they have evidence that suggests Bishop may have shot her brother on purpose.

Bishop’s parents had initially refused to talk to Keating’s investigators. Her mom Judy was the only witness to the 1986 shooting. Dad Samuel was a material witness.

Bishop’s Massachusetts criminal defense lawyer says he is planning an insanity defense. He says that his client has serious mental problems and doesn’t even remember the fatal Alabama campus shooting.

Lawyer plans an insanity defense for teary Amy Bishop, Boston Herald, February 21, 2010

Delahunt defends actions in 1986 Bishop killing, Boston.com, February 22, 2010

Attorney: Bishop's parents to cooperate, have 'nothing to hide', Philly.com, February 28, 2010

Related Web Resources:
Amy Bishop Case Timeline, Boston.com

Norfolk District Attorney's Office

Today, the Boston Criminal Lawyer Blog points out that there really can be “heroes” as well as “villains” in today’s modern, if not skeptical, age.

It seems to also be a story of a suspect's alleged consistency.

It was this past Monday. It began when a 34-year-old woman parked her Acura SUV at the Dock Square garage in the North End. Suddenly, out of nowhere, a burly man appeared at her door, speaking calmly and matter-of-factly.

“I need your car, I need your keys,’’ he said.

When she saw the gun in her hand, she knew it was not simply an unlucky gentleman who simply needed an emergency ride to, say, deliver a baby.

He simply wanted to deliver the car...to himself

Continue reading "Assault, License Loss And OUI Charges Apparently Not Enough For Alleged Armed Carjacker" »

Message from a Boston criminal defense attorney to Ms. Kimberly J., 38 (hereinafter, the :Defendant”) – it is not as bad as you think.

It is actually worse.

The Defendant had been wanted by Massachusetts law enforcement in the alleged kidnapping Thursday of her half-sister’s one-year-old daughter. She has been apprehended in Altona, Pennsilvania and immediately arrested by investigating officers. The Defendant had been staying at a women’s shelter where she is said to have been using an alias and a stolen I.D.

Lest you think she is inconsistent, though, she was also allegedly driving a stolen vehicle .

The one that was apparently used in the abduction.

Continue reading "Massachusetts Kidnapper Faces Charges In Federal And Two State Courts" »

Jayson Williams, the former New Jersey Nets player, has been sentenced to a five-year prison term for charges related to his covering up of the fatal shooting of Costas “Gus” Christofi, a limo driver that he had hired. Williams accidentally shot the 55-year-old driver on February 14, 2002.

The fatal incident happened at the former NBA star’s home in Pennsylvania. According to prosecutors, Williams was reckless in the handling of a 12-gauge shotgun that then went off. He and two others were accused of trying to cover up what happened so it would look as if the limo driver shot himself.

In 2004, a jury convicted Williams of four charges of trying to conceal the fatal incident. They acquitted him on the criminal charges of evidence tampering, hindering apprehension or prosecution, witness tampering, and fabricating evidence. However, they could not agree on whether to convict him for reckless manslaughter.

During the criminal trial, the former NBA star admitted that he did not see whether the gun, which was part of his collection, was loaded, whether the safety catch was activated, or what direction the weapon was pointing toward. A mistrial was declared and rather than go through another trial over the reckless manslaughter charge, Williams pleaded guilty to aggravated assault. He has to serve 18-months in prison, concurrent with the 5-year sentence.

In 2003, Williams settled the wrongful death lawsuit filed by Christofi’s family for $2.75 million.

Former NBA star Jayson Williams gets five-year sentence in shooting, CNN, February 23, 2010

Williams Gets 5-Year Prison Sentence, Reuters, February 23, 2010

Related Web Resources:
Violent Crimes, Justia

Jayson Williams, New York Times

Continue reading "Former NBA Player Jayson Williams Sentenced to Five Years in Prison for Limo Driver’s Shooting Death" »

Well, it has been awhile since the Boston Criminal Lawyer Blog covered one of these.

It just goes to show that with all the mkhigh profile cases like those of a certain never-to-be-tenured professor's alleged homicides, the Kerrigan family woes and assorted homicides we have been discussing lately, poor judgment is also demonstrated in the actual streets of the Commonwealth ...just like always.

Today’s tale hails from Framingham.

It was Saturday night when Herman H., 23 of Framingham (hereinafter, the “Defendant”) was found hiding under a car in a garage and arrested.

You see, according to law enforcement, the Defendant had been witnessed going the wrong way on a local one-way-street. So, the police, doing what they do, followed him until he finally stopped.

Next, the police approached the Defendant’s vehicle. Again, it is what they do.

But, the Defendant then allegedly did what one is absolutely not supposed to do. He drove off.

He finally stopped. Good move.

-

Continue reading "Massachusetts Vehicular Crimes Increase Penalties During Police Car Chases – Take It From A Boston Defense Attorney" »

It would appear that the people of the Boston area dodged the proverbial bullet when Professor Amy Bishop (hereinafter, the “Defendant”) moved out of state. According to Alabama law enforcement, co-faculty members were not so lucky.

The Defendant stands accused at the moment of gunning down said members at a faculty meeting whereat it was revealed that she was not going to get tenure.

But her latest problems are not her first brushes with guns, assault and the law. In fact, the more the media dig into her past, the more is learned at how she allegedly skated by criminal prosecutions a number of times. Some such skating has left Massachusetts law enforcement officials scratching their heads.

For example, one of the first stories that were revealed were about the suspicions about her connection to an attempted bombing of a professor at Harvard when she worked there. She was apparently trying to become a famous scientist (see discovery of her book from Tuesday’s blog). Her supervisor was purportedly not pleased with her work. He received a bomb in the mail after an alleged dispute with her. Clearly, the federal officials did not believe there was enough to charge her and so nothing happened.

However, a cloud of mystery seems to have developed about that situation with her brother.

Continue reading "Boston Ghosts Of Criminal Past Continue To Haunt Prof. Amy Bishop, Now Accused Of Murders By Firearm" »

Amy Bishop Anderson, a University of Alabama biology professor, is charged with one count of capital murder in the deaths of two other professors and one professor’s assistant. Three other people, a staff member and two faculty members, were injured. The shooting happened on campus on Friday at around 4pm during a biology department meeting.

In 1986, Anderson, who has been employed at the University of Alabama since 2003, fatally shot her brother in Braintree, Massachusetts following what one police officer says was an argument. No charges were filed in what a police log lists as an accidental shooting.

Massachusetts Homicide Cases
While there is no death penalty in Massachusetts, there are serious penalties for those charged with homicide. The crime of murder in the first degree comes with a life prison sentence without parole—that is the maximum prison sentence allowed in the state. Other serious homicide charges include murder in the second degree, involuntary manslaughter, and voluntary manslaughter. In Massachusetts homicide cases, intent, motivation, and negligence are key factors in determining what charge to file against someone. This is not the kind of criminal case that you want to be a defendant of without having an experienced Boston homicide lawyer defending you and protecting your civil rights.

There are so many reasons why a person should be found not guilty of a crime. Your Boston criminal defense attorney can make sure that the right experts are retained and the proper evidence is presented in court to prove that you are not guilty. There may be reasons why lesser charges against you should be filed or why other charges should be dismissed.

Police: Alabama college shooting suspect killed her brother in 1986, CNN, February 14, 2010

Three killed in shooting at Alabama campus, Los Angeles Times, February 13, 2010

Related Web Resources:
Murders in Boston During 2010

Criminal Homicide, Justia

Conrad Murray, the personal physician of Michael Jackson, pleaded not guilty to a single felony charge of involuntary manslaughter in the death of the famous performer. Bail was set at $75,000—three times more than the amount faced by most people who are charged with involuntary manslaughter. Prosecutors had wanted bail set at $300,000. Michael Jackson’s parents, Katherine and Joe, and his brothers Randy, Tito Jackie, and Jermaine, and his sister La Toya were at Murray's arraignment.

Upon Murray's release after posting bail, the 56-year-old cardiologist will not be allowed to leave the country.

Murray was Jackson’s personal physician when he died. According to officials, the performer died after Murray gave him propofol and two other sedatives to treat his chronic insomnia.

The criminal complaint against Murray accuses him of unlawfully killing Michael Joseph Jackson, albeit with out malice, and of acting “without due caution and circumspection.”

The coroner had ruled the singer’s death a homicide caused by acute intoxication by propofol and other sedatives. The autopsy report released today says that Jackson was administered a powerful anesthetic at a dose equal to what would be given during a major operation and that medical standards were not met.

Murray maintains he did not do anything that should have killed Jackson. His criminal defense attorney is vowing that he and his client will “fight like hell.” If convicted, Murray faces a maximum four years in prison.

Michael Jackson died at age 50 on June 25, 2009.

High profile criminal cases, especially one involving a beloved victim, can prove challenging for the defendant, who may have the court of public opinion against him/her.

Michael Jackson's doctor pleads not guilty, Yahoo/AP, February 8, 2010

Conrad Murray: Michael Jackson case and celebrities' doctors, The Christian Science Monitor, February 5, 2010

Related Web Resources:
Propofol, Drugs.com

Michael Jackson Autopsy Report, The Smoking Gun

Continue reading "Michael Jackson’s Doctor Pleads Not Guilty to Involuntary Manslaughter in Singer’s Death " »

A Middlesex Superior Court Grand Jury indicted Roger Lau and Thomas Heinz, both 26, on child rape charges yesterday. They are accused of raping the same girl.

Prosecutors say that both men assaulted a girl from the under-14 Medford girls soccer league that they were coaching. The alleged Massachusetts sexual assault crimes began taking place in 2003 and the last incident is said to have occurred during the summer of 2004.

The alleged victim, who was then 13 to 14 years of age, told police that she and Lau were sexually involved with each other for over a year. She claims that Heinz sexually assaulted her twice.

Lau was indicted on four counts of child rape by force and Heinz was indicted on one count of child rape by force. Both men have pleaded not guilty to the charges.

The two men were arrested last December. They are on pre-trial release and have been ordered not to have contact with children under age 16 unless these interactions are supervised. They also cannot coach or officiate any activities involving kids younger than 16.

Massachusetts Rape Charges
Allegations of rape are very serious—especially if the alleged victim is younger than 16. The state of Massachusetts does not consider an adult having sex with someone younger than 16 to ever be a consensual act and criminal charges can be filed against the adult. Punishments may be even more serious when violence or abuse is involved.

You have the right to an experienced Boston sex crimes lawyer who can defend you against all charges and protect your rights. Even if you are not guilty of committing any crime, your life can be irrevocably altered when you are accuse of rape.

Former Medford soccer coaches indicted on rape charges, Boston.com, February 5, 2010

Roger Lau, Thomas Heinz Accused Of Teen Soccer Child Rape, Huffington Post, December 22, 2009

Related Web Resource:
Massachusetts Law About Sex

Continue reading "Middlesex Superior Court Grand Jury Indicts Two Former Medford Soccer Coaches on Child Rape Charges " »

Gang violence in the Boston area. The battles are played out in the streets by gang members, law enforcement and innocent bystanders as well as the Commonwealth’s courtrooms with lawyers and judges.

The homicide victim this time was a Revere Police Officer Daniel T (hereinafter, the “Deceased”). The killing took place in 2007. Now, in 2010, Robert I., 22, (hereinafter, the “Defendant”) has been found guilty of second-degree murder by a Suffolk Superior Court jury.

But the controversy has not ended there. People are questioning the city’s police department as a result of how the shooting had occurred.

The Commonwealth contends that the Defendant was a member of the “Bloods” street gang. It also contends that the Defendant shot the Deceased above his right eye believing he was a gang rival.

Continue reading "Massachusetts Gang Violence Results In Murder Conviction In Shooting Of Police Officer" »

Kyle B., 28, (hereinafter, the “Defendant”) is in trouble again. Criminal Justice trouble. Massachusetts Murder trouble.

The Defendant was arrested in Brockton Saturday and charged with the murder of a man outside of a local restaurant on January 5th. A second witness of the shooting was shot in the leg and has survived. The Defendant stands accused of the shooting of both gentlemen as well as unlawful possession of a firearm.

Law enforcement has wasted no time in calling the double shooting “egregious” and “heinous.” Ignoring the usual need for lip-service on behalf of the presumption of innocence, Plymouth District Attorney Timothy J. Cruz has publically declared that ““The shooter in this case is a very dangerous person. I’m glad he’s off the street”, he continued. “Brockton is safer without him on the street.”

Of course, the Defendant is not a complete stranger to charges of homicide. He was charged with the 1999 grisly death of a 14-year-old girl who had been eight months pregnant, presumably with his child. In fact, in a recorded statement to police, the Defendant described himself as a witness who had watched a friend lure her to a shallow grave , stabbed her and bludgeoned her with a rock a brick before burying her alive. The Defendant then led police to that grave. The Commonwealth charged him with being part of the conspiracy to kill the young woman. However, at trial, some five years later, he was found to be “not guilty” by a jury.

After the 2004 jury trial, Suffolk County District Attorney Dan Conley’s office described itself as being “baffled and pained” by Bryant’s acquittal.

I guess both District Attorneys are sleeping better tonight.

Continue reading "Acquitted Of Murder In Boston, Shooting Suspect Needs Another Defense Attorney " »

The criminal trial of Carolyn Riley, who is charged with the overdose murder of her 4-year-old daughter Rebecca, is underway in Plymouth Superior Court. While the prosecutor is depicting Carolyn as someone who refused to get her daughter medical help after overdosing her with clonidine in an attempt to get Social Security disability pay, her defense attorney argues that Carolyn is a concerned mother who gave her daughter medicine, as prescribed by a doctor, to treat her bipolar disorder.

Rebecca was found dead in her home on December 2006. Carolyn and her husband Michael were charged with first degree murder. Earlier this month, Carolyn’s criminal defense lawyer filed a motion to dismiss the charges saying there is new medical evidence supporting the couple’s claim that their daughter died from pneumonia and not from a prescription drug overdose. A judge denied the motion. Michael’s Massachusetts homicide trial will begin after Carolyn’s trial ends.

Among the witnesses that have testified against Carolyn so far is a social worker who says that she thought Rebecca was overmedicated. Also, the principal of the Elden Johnson Early Childhood Center says she saw Carolyn and Michael laughing outside the school just one day after Rebecca’s death. Yesterday, Kelly Williams, the Rileys’ former housemate, testified that Michael would demand that Carolyn overmedicate their three kids to keep them quiet. Williams says that as the 4-year-old’s condition deteriorated, she and her boyfriend James McGonnell kept telling Carolyn and Michael to take Rebecca to the doctor but that they kept putting off the visit.

Carolyn’s defense lawyers say she is a loving mother who did what she could to raise her three kids, all of whom suffered from hyperactivity and bipolar disorders.

The grief of a parent who loses a child cannot be quantified. To be accused of murdering a son/daughter is a severe blow.

Housemate details Riley child’s final night, Boston.com, January 23, 2010

Social worker warned that Rebecca Riley, 4, was overmedicated, The Boston Globe, January 21, 2010

Riley murder trial begins in Brockton court, The Daily News Tribune, January 20, 2010

Not a hard choice to have separate Riley trials, Wicked Local, January 17, 2010

Judge denies motion to dismiss murder charges against Rileys, Wicked Local, January 12, 2010

Related Web Resources:
Parents convicted of first-degree murder, General Laws of Massachusetts

Timeline: Rebecca Riley Murder Case, MyFox Boston, December 14, 2009

Continue reading "Carolyn Riley’s Massachusetts Murder Trial Underway in Plymouth Superior Court " »

The game of politics is afoot again in the Boston area! This means that, as the race for the late Senator Kennedy’s seat comes to the wire, it is time for whatever mud can be thrown upon one’s opponent . Often, the accusations involve the criminal justice system. That’s where I come in. Today we look at accusations involving a 2005 rape case and Attorney General Martha Coakley.

In October, 2005, 31 year-old Somerville Police Officer Keith W. (hereinafter, the “Defendant”) was said to have raped his 23-month-old niece with a hot object, most likely a curling iron. The case was presented to a Middlesex grand jury which was overseen by Coakley. That grand jury did not take action against the Defendant. Thereafter, the child’s mother filed applications for criminal complaints in the case and it was then that the grand jury indicted the Defendant.

When the Defendant was before the court, the prosecution recommended that the Defendant not be held on bail, but released on personal recognizance. He remained free until December 2007, when he was found guilty.

Now, political opponents, both old and new, are taking the pulpit to decry Coakley’s handling of the case and making the typical cry of “too soft on crime”.

Continue reading "Boston AG Is Accused Of Mishandling Grand Jury Investigation And Bail Issues In Rape Case" »

Today we discuss yet another tale wherein Massachusetts law enforcement officials are in need of a criminal defense attorney. It involves recent accusations against four such officers and an event arising out of a suspected racially motivated apprehension from this past November.

Well, it is not so much the fact of the apprehension that has raised suspicion, but the method of it. You see, Melvin J. (hereinafter, the “Passenger”) was a guest in a particular motor vehicle that police stopped. While not the driver, police say he acted suspiciously. So, the officers ordered him to get out of the car. He did as ordered…and kept going. He ran away from the scene.

The officers, apparently having lost interest in the driver of the car and whatever traffic violation they thought they had witnessed, chased after him. They say that when they chased him, he violently resisted and tried to grab one officer's gun.

That’s a big “no-no” for law enforcement. It does, however, seem to give a perceived license for officers to do things they otherwise wouldn’t.

Continue reading "Massachusetts Traffic Stop Becomes Fourth Assault And Battery Claim Against One Police Officer" »

For those of you who still hold fast to the fantasy that law enforcement never lies, prepare for a shock. Of course, this case does not feature law enforcement lying to convict a defendant. Instead, it is a Massachusetts law enforcement official lying to federal law enforcement who needs a criminal defense attorney.

Arlindo R., a 37-year-old former Stoughton police detective, (hereinafter, the “Defendant), admitted in federal court yesterday that he lied to FBI agents during an ongoing investigation into corruption in the police department and had promised to help authorities in their probe.

The Defendant pleaded guilty in US District Court in Boston to one count of making false statements last July 13. Agents had asked whether he knew of Stoughton police officers receiving stolen gift cards and other items from an informant secretly cooperating with the FBI. According to the government, the Defendant had been among the recipients.

Continue reading "Massachusetts law enforcement official pleads guilty in federal white collar investigation" »

Last week, we discussed two scenarios whereby you received a compulsory invitation to attend the Boston Municipal Court to answer charges for a variety of potential charges, including assault, drugs and OUI.

Now, however, the matter has been raised to another level. The Commonwealth has decided to indict you. You have just received the year-end news from either your attorney or another summons in the mail.

So, what is an indictment? Well, it is like the criminal complaint that was issued back in district court. In that case, either the police or your neighbor sought the complaint. The prosecutor did not really get involved until the matter was in district court. At some point, a prosecutor reviewed the allegations of the matter and decided that either your criminal past or the allegations themselves were deserving of more serious treatment. “More serious” generally means “more jail/prison time”.

Continue reading "Attorney Sam’s Take: You Have To Go To Massachusetts Court Tomorrow ; You Have Been Indicted (Part Three)" »