Boston Criminal Lawyer Blog

Massachusetts prosecutors are accusing a 26-year-old Hanover man of kidnapping, attempting to rape, and injecting a 6-year-old girl with an unknown substance. During his arraignment in Hingham District Court yesterday, Justin Shine pleaded not guilty to charges of attempted rape, kidnapping, assault and battery, and resisting arrest. He is being held without bond until his dangerousness hearing, which is scheduled for Wednesday.

Among the allegations against Shine:
• He was high on cocaine when he abducted the girl.
• He got her to enter his apartment by telling her he had gerbils and guinea pigs.
• He injected her with a substance that made her drowsy.
• He bound her hands using black tape, shackled her ankles, and put tape on her mouth.

As police searched the apartment complex for the girl, Shine slit his own wrist. The girl either was let go or escaped. She did not sustain physical injuries. Police claim that Shine resisted arrest but they were able to subdue him.

Neighbors say that the Shine and the girl live near each other in Hanover Woods, a Massachusetts apartment complex.

Kidnapping
Kidnapping consists of secretly or forcibly imprisoning a person or keeping the victim confined against his or her will. This crime can comes with a maximum 10-year prison sentence in Massachusetts. A defendant convicted of kidnapping could be ordered to face a lengthier prison sentence if he or she used a dangerous weapon when committing the crime, caused serious sexual or other physical injury to the victim, kidnapped a person younger than age 16, or abducted someone for monetary gain.

Kidnapping, aggravated kidnapping, and kidnapping with the intent to extort money are serious criminal offenses in Massachusetts. You cannot battle these charges without the help of an experienced Boston criminal defense lawyer. There may be insufficient evidence in your kidnapping case, or the alleged crime may be one involving mistaken identity or a misunderstanding. Your Massachusetts defense attorney can combat the charges that were filed against you.

DA details alleged kidnapping in Hanover, Boston.com, June 29, 2009

Girl's Horror In Hanover Kidnapping Revealed, WBZ, June 29, 2009

Related Web Resources:
The General Laws of Massachusetts

National Child Kidnapping Facts, Polly Klaas Foundation

Continue reading "Hanover Man Pleads Not Guilty to Kidnapping and Attempting to Rape 6-Year-Old Neighbor" »

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Posted In: Felonies and Violent Crimes , Kidnapping , Rape , Sexual Crimes

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Well, this one cuts alittle close to home; I went to Tufts. Of course, I graduated undergrad there a long time ago. Long before I was a Boston criminal defense attorney. Long before the alleged white collar criminal activities to which Josephine N. (hereinafter, “Defendant 1”) and Raymond R. (hereinafter, “Defendant 2”) have now pleaded guilty. The pair were fairly high up on the funding ladder for the University at the time of their alleged misdeeds. Now, they have fallen off that ladder and landed in state prison.

Last week, Defendant 1, the director of Tufts’ Office of Student Activities from 1996 to 2007, and Defendant 2, the budget and fiscal coordinator for the Office of Student Activities from 2001 to 2007, pleaded guilty to multiple counts of larceny in Woburn Superior Court. According to the Commonwealth, Defendant 1 had stolen $37,576 and Defendant 2 had pilfered $604,873. The two had been indicted on July 1st by a Middlesex Grand Jury for counts of larceny over $250.

Yes, those would be felony charges. Each defendant was sentenced to two years to two years and one day to be followed by five years of probation as well as full restitution of the funds they have admitted to stealing.

“These two employees abused the access that they were given by the University to steal hundreds of thousands of dollars that was meant to help students,” District Attorney Leone said. “We want to thank Tufts University for referring this case to our office as soon as they uncovered this scheme and then working cooperatively with us to conduct a full investigation.”

Continue reading "Boston-Area University Employees Plead Guilty To Larceny From School" »

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Posted In: Criminal Law , Felonies and Violent Crimes , Theft Crimes , White Collar Crimes

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Eric P., a college student from Winthrop (hereinafter, the “Defendant”) was apparently vacationing on Cape Cod last month. His souvenirs from the trip include an arrest record and a relationship with a criminal defense attorney.

You see, the Defendant had a little trouble in Provincetown. According to law enforcement, he approached two women in the after midnight hours in front of the Post Office Café’ and Cabaret on Commercial Street, using slurs to refer to men he assumed to be gay. He apparently followed up his impressive verbiage by pushing one of the women through a window, breaking the window and causing minor injuries to the women necessitating stitches. He is also accused of punching the women in the stomach and calling them “faggots”. According to reports, both women required medical attention.

He now faces various assault charges in connection to what has been called an anti-gay attack on the woman.

The Defendant did not make it too far after the assault, however. An angry mob reportedly formed around him as he was being arrested.

The Defendant, who had been visiting with his mother who lived near the crime scene, had apparently been drinking. In fact, authorities say that he had been ejected from the Vixen nightclub before the attack.

Would it surprise you to hear that the arrest did not go too smoothly? By the time he got to Orleans District Court, he not only faced the felony hate-crime assault charges, but also charges of resisting arrest and assaulting a police officer. He has been accused of spitting at one officer and kicking another.

Continue reading "Boston Area College Student Arrested For “Hate Crime” Assault On The Cape" »

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Posted In: Assault , Assault and Battery , Criminal Law , Felonies and Violent Crimes

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A Massachusetts jury spent more than 3 ½ hours deliberating the fate of Clark Rockefeller before going home for the day. The 44-year-defendant is charged with kidnapping his 7-year-old daughter last summer. During closing arguments, the prosecution had urged the jury to think of the defendant as controlling, self-centered, and an expert manipulator—albeit with a personality disorder—Rockefeller’s defense attorney argued that his client suffers from an acute mental illness and that it was “pure madness” that drove him to take his daughter.

He also contended that there is no way that Dr. James A. Chu, the psychiatrist for the prosecution, could have properly diagnosed his client after just one 2 ½ hour session. The defense noted that its own mental health experts, who were trained in forensics and had evaluated dozens of defendants in the past, met with Rockefeller 14 times for a total of 28 hours.

Rockefeller had pleaded not guilty to the kidnapping charge by reason of insanity after he abducted his daughter on July 27 during a supervised visit. They traveled to Maryland and he was arrested six days after they disappeared. His daughter Reigh was found unharmed. He is also is charged with assault and giving police a false name.

Rockefeller’s Massachusetts kidnapping case has drawn national attention in part because of his interesting backstory. His real name is Christian Karl Gerhartsreiter and he reportedly has used five different aliases over the years, including pretending to belong to the famous Rockefeller family.

He later married Sandra Boss, who is Reigh’s mother. Boss says she never doubted her husband’s personal history until she hired a private investigator when they got a divorce in 2007. Rockefeller’s attorney claims that Rockefeller "went over the edge" after Boss filed for divorce and he lost custody of his daughter. Rockefeller believes his daughter was using telepathy to tell him that she needed to be saved.

'Clark Rockefeller' kidnapping case goes to jury, Google/AP, June 8, 2009

Defense closing: Rockefeller not 'playing with a full deck', Boston.com, June 8, 2009

Related Web Resources:
Clark Rockefeller Case Timeline, Boston.com

Massachusetts Laws, Justia

Continue reading "Clark Rockefeller Kidnapped His Daughter Out of Pure Madness, Says His Massachusetts Criminal Defense Attorney" »

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Posted In: Assault , Felonies and Violent Crimes , Kidnapping

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According to Jane Doe Inc., there have been 15 domestic violence deaths in Massachusetts this year. The latest victim, Rebecca C. Moulton, was allegedly beaten to death by her live-in boyfriend. Moulton was 27.

Her boyfriend, David W. Vincent from Pittsfield, was initially held for assault with intent to murder and aggravated assault and battery. On Friday, Vincent pleaded guilty to an “upgraded” charge of murder.

Jane Doe Inc. says that there were 25 domestic violence murder in 2008 and 42 domestic violence deaths in 2007.

Domestic Violence
Domestic violence may consist of violent interactions between family members or members of the same household or people that are or were romantically involved with one another. Domestic violence should not be tolerated.

While this is a serious crime that can cause great injury to its victims, not everyone that is accused of committing domestic violence is guilty of the offense. In some instances, a fight between a husband and wife can be wrongly construed as a domestic violence incident, with one party forced to take the brunt of the blame. False accusations have also been known to occur—sometimes brought about during the heat of the moment.

An experienced Boston criminal defense law firm understands that there are often complex dynamics at play during interactions between family members and lovers. Massachusetts, however, has a mandatory arrest police that mandates that law enforcement officers arrest anyone accused of domestic violence. Domestic charges may include allegations of assault, harassment, reckless endangerment, restraining order violations, assault with a deadly weapon, unlawful imprisonment, stalking, kidnapping, and murder.

You are entitled to the best defense possible against any Massachusetts domestic violence allegation or criminal charge. The outcome of your case could affect your marriage, your career, divorce or child custody proceedings, and the rest of your life.

Cops: State logs 15th domestic violence homicide of 2009, Boston Herald, June 6, 2009

Pittsfield Man Pleads Not Guilty To Murder, CBS 3 Springfield, June 5, 2009

Related Web Resources:
One Million False Allegations of Domestic Violence Each Year, Report Finds, MediaRadar.org, January 29, 2007

Domestic Violence, The National Father's Resource Center

Continue reading "Group Reports Massachusetts 15 Domestic Violence Homicides to Date for 2009" »

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Posted In: Domestic Violence , Felonies and Violent Crimes , Murder

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Police have charged Amanda Brumfield, movie star Billy Bob Thornton’s 29-year-old daughter, with child neglect causing harm or disability. The criminal charge stems from the death of a toddler that she babysat last October. The baby was 1.

Brumfield reportedly told police that the baby she was taking care struck her head after falling out of a playpen. She was unable to revive the toddler and sought help two hours after the fall accident.

Autopsy results indicate that the girl sustained a traumatic brain injury and fractured her skull. The medical examiner ruled the baby’s death a homicide.

Police say that Brumfield’s account of what happened is not consistent with the toddler’s injuries. Police said they don’t believe that a 1-year-old can balance on a playpen railing. They agree that the toddler struck her head, but they say the force of impact had to have been harder than just falling out of a playpen.

Massachusetts Child Abuse
In the state of Massachusetts, the Department of Social Services looks into all cases involving potential child abuse. Child abuse allegations may include those involving Shaken Baby Syndrome, child rape, physical assault, indecent assault and battery, and child pornography.

According to the Department of Children and Families, Massachusetts ranks #2 among US states for having the most reported child abuse cases. In 2008, there were 119,247 Massachusetts child abuse cases reported—that’s 13 more a day than the number of Massachusetts child abuse cases that were reported in 2007.

That said, not every person accused of or arrested for child abuse is guilty, and parents, stepparents, grandparents, uncles, aunts, siblings, babysitters, and other caregivers can find themselves facing criminal charges for a crime they did not commit.

The best way to combat the Massachusetts child abuse charges against you is to speak with an experienced Boston criminal defense law firm about your case.

Thornton’s daughter arrested after baby’s death, MSNBC.com, May 31, 2009

Report: Thornton's daughter charged in kid's death, AP, May 31, 2009

Lynn child abuse rates outpacing most of U.S., ItemLive.com, June 1, 2009

Related Web Resources:
Office of Health and Human Services, Mass.gov

What is Child Abuse and Neglect?, Childwelfare.gov

Continue reading "Billy Bob Thornton’s Daughter Charged with Child Neglect in Death of Baby " »

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Posted In: Felonies and Violent Crimes

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In Hampshire Superior Court, a Massachusetts jury acquitted 19-year-old John Robison of charges that he set off explosives to intentionally cause injury or property damage. If convicted, the Amherst teen could have been sentenced to up to 20 years in prison. Formal charges against him included one count of setting off detonating devices close to property or people and three counts of malicious explosion.

In 2008, a vendor of laboratory equipment that became suspicious about an order the teenager placed contacted South Hadley police. The cops, who went to Robison’s home, spent three days evacuating volatile chemicals, including some of what they considered “high explosives,” from the residence. They worked with the FBI on safely removing the explosives. Neighbors were asked to temporarily evacuate their homes at this time.

Robison, who has had an interest in chemistry since he was a young boy, set of explosions at the town landfill, in his father’s home, and in the woods. He posted footage of these explosions on YouTube.

According to Robison’s criminal defense attorney, none of the footage showed any property damage, except for weeds getting scorched and dirt in the woods getting moved around. The teenager, who testified at his own trial, says that he was extremely cautious in making sure no one would get hurt by his experiments. He also says he would not allow people that he considered offensive or dangerous to log onto a Web site that he created to promote his experiments.

Robison’s Massachusetts defense lawyer has always maintained that no evidence ever existed to support the criminal charges against his client and that both the indictment and the criminal trial should never have happened. Unfortunately, indictments can be brought against you even when you are not guilty of committing a crime. The best defense is a proactive defense by Boston criminal defense attorneys that know how to protect you and your rights.

Mass. teen cleared or explosives charges, Boston.com, May 28, 2009

John Robison of Amherst found innocent of malicious explosion charges, MassLive.com, May 27, 2009

Related Web Resources:
Teen-ager indicted for 'malicious explosion', MassLive, April 2, 2008

YouTube

Continue reading "Amherst Teenager Found Not Guilty of Explosives Charges" »

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Posted In: Felonies and Violent Crimes

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I remember years ago, before I was a lawyer, growing up in the Boston area and hearing commercials about what happens if you are arrested for possessing a gun. “If you are caught with a gun”, I recall it saying, “you will go to jail for one year…and nobody can get you out”. The tone of the announcement made it clear that the possession of guns was behind the ever-worsening crime problem.

And, then, came the other public service announcements which declared, “Guns don’t kill people, People kill people.”

And so it seemed to me that the obvious solution would be to simply send the guns to jail for a year with no hope them of getting out.

Then came my education at the hands of the Boston University School of Law, the Kings County District Attorney’s Office and, finally, my many years as a Massachusetts criminal defense attorney. Throughout these years, I have seen the gun issue from many different perspectives. All of these perspectives get a voice in the realities of the criminal justice system.

The result?

There is no one clear and simple answer as to how gun possession is handled by the courts. As with most things in the criminal justice system, it depends on the circumstances. There is no simple, issue-free gun possession case. This is why you need an experienced criminal defense attorney to guide you through the morass of potential scenarios when facing prosecution for possessing a firearm.

And that is why this week's Attorney Sam's Take discussion is about gun possession in Massachusetts.

Continue reading "Got Guns? A Boston Criminal Lawyer Discusses Firearms Possession In The Commonwealth" »

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Posted In: Criminal Law , Domestic Violence , Drug Offenses , Felonies and Violent Crimes , Illegal Weapons Possession

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Dogs are considered “Man’s Best Friend”. In the Boston area, though, they are particularly close with "man" involved in criminal prosecutions. After almost a quarter century as an attorney, I can finally see the day coming when I may have to cross-examine a pooch. A number of cases this very month underscore the canine war against crime.

Let’s start with a story from the Boston Herald this very Tuesday. Michael P., 52, of Allston (hereinafter, “Defendant 1”) had a bit of an altercation with his neighbor’s German shepherd. Yes, the altercation included Defendant1’s assault of the dog.

You see, Defendant 1 says he was frustrated and angry with the dog because it constantly barked at him from behind a fence. For some reason, Defendant1 apparently thought that throwing hot coffee in the dog’s face might clear up the issue.

The police were called to the scene. While the dog’s owner told prosecutors that his dog suffered no injuries, the officers were still able to smell the coffee on the dog’s fur.

Continue reading "Boston-Area Dogs Assist Law Enforcement As Both Canine Police Officers And Crime Victims " »

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Posted In: Criminal Law , Drug Offenses , Felonies and Violent Crimes , Illegal Weapons Possession , Outstanding Warrants

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You’ve heard of Costco, haven’t you? It is a very popular chain of stores that specializes in cost-cutting by purchasing in volume. You know, why buy one box of napkins when you can by 80 and get a bargain in the process? It looks like some Boston-area entrepreneurs took the idea alittle too far this week. And, in case you are wondering, no, one cannot retain attorneys in bulk…although two North Shore gentlemen may wish one could.

It was in the Costco parking lot on Route 1. It was Wednesday at noon. And it was, according to law enforcement, more than 500 pounds of marijuana that was recovered.

How much is 500 pounds? Well, you know that new law that says it is no longer a crime to have a “small amount” of marihuana for your own use? Well, this would be over 8,000 x that amount.

Probably not a simple error in measurement.

The Massachusetts State Police believes that the operation was a large-scale narcotics delivery in Danvers.

The troopers set up surveillance in the parking lot in connection with an ongoing investigation. According to the officers, Brian T., 42 of Revere (“Defendant Greeter”) arrived in a rented truck as Phillip W., 37, of Saugus (“Defendant Lookout”) acted as the lookout. Then, occupants of a tractor-trailer with Indiana license plates met with Defendant Greeter.

Continue reading "North Of Boston Drug Bust Nets Over 500 Pounds Of Marihuana and $200,000 from Interstate Conspiracy" »

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Posted In: Criminal Law , Drug Offenses , Federal Crimes , Felonies and Violent Crimes

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In Lynn District Court, teenager Jonathan Caruso attended his arraignment on Monday, pleading not guilty to charges of negligent vehicle homicide, being a minor transporting liquor, and operating under the influence of alcohol in the deadly pedestrian accident that killed a 67-year-old woman and seriously injured her daughter early Saturday morning. Caruso, 18, is a Saugus High School senior who had stayed out all night with friends after attending his prom the night before.

The deadly Massachusetts pedestrian accident occurred at Grove and Essex streets. A police report indicates that Caruso told them that he had been drinking and may have fallen asleep while driving. He says he regained consciousness after hitting a street sign. A friend who was in the car told him that he had struck two pedestrians. Caruso, who took a breath analysis test after the Saugus car accident, registered a .02% BAC. The legal limit for Massachusetts drivers under 21 is .02%.

Carol Marean died from her pedestrian injuries. Her 41-year-old daughter, Charlotte, sustained critical injuries. The two of them had gone out that morning to walk their dog.

The judge ordered the teenager held on $7,500 cash bail. Caruso will also have to abide by a 7pm to 7am curfew and go back to court in July for a pretrial hearing.

A Massachusetts OUI/DWI/DUI offense is a serious offense in the state—especially if someone was injured or killed as a result of the alleged drunk driving incident. An experienced Boston DUI lawyer can protect your rights and comb through all of the evidence to make sure that the best avenues of defense are available to you.

The more serious the criminal charges against you, the greater the penalties and the longer the sentencing periods that could await you. You need a good Massachusetts criminal defense law firm working for you.

Student arraigned in death of pedestrian, Boston.com, May 19, 2009

Friends: Teen Accused In Fatal DUI No, WCVB, May 18, 2009

Read the Police Accident Report, Boston.com (PDF)''

Related Web Resources:
Police arrest 34 people, many teens, in get tough move on public drunkenness at Comcast Center concert in Mansfield, Enterprise News, May 19, 2009

Continue reading "Massachusetts High School Senior Pleads Not Guilty to Saugus Pedestrian Accident that Killed a Senior Pedestrian and Seriously Injured Her Daughter " »

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Posted In: Felonies and Violent Crimes , OUI/Drunk Driving

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Mr. John F., 32 of Quincy (hereinafter, the “Defendant”), needs a good lawyer.

According to law enforcement, his home housed some ill-advised contents. As a result, he is now being described as a mid-level drug dealer.

On Monday night, around 6:00pm, police raided the Defendant’s home. The Commonwealth claims that a search of the home resulted in the seizure of approximately 20 grams of crack, cocaine and weapons including two shotguns, one which had a sawed-off barrel, a 9 millimeter handgun with a defaced serial number and hollow-point bullets.

The Defendant himself was not found in the actual house. He was allegedly found in a detached garage where two shotguns and a Sig Sauer semi-automatic handgun were also discovered.

Police also indicate they found a box containing $1,100 in cash located above a suspended basement ceiling as well as another $1,700 in a bedroom, along with the 20 grams of crack found in the bedroom closet.

Continue reading "Boston Area Gentleman Needs Defense Attorney After Guns, Drugs And Cash Are Found Throughout His Home" »

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Posted In: Criminal Law , Drug Offenses , Felonies and Violent Crimes , Illegal Weapons Possession

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David Frank, of Boston’s Massachusetts Lawyers Weekly, has reported this week on a story that has become achingly familiar. It involves the issue of the wrongfully convicted.

Ulysses C. (hereinafter, the “Defendant”) is now 59 years old. On May 17, 2001, he was released from prison after serving 19 years of an 80 year sentence for unlawful confinement, rape and robbery. He was released from custody after DNA testing on the physical evidence used against him exonerated him of the crimes for which he was convicted.

But, then, what does “exonerated” really mean? Does it clear a man’s name? Can it give him back the nineteen years he unjustly lost at the hands of the Commonwealth?

In recent years, a number of criminal defendants have been convicted, only to be released after having served many years, after DNA evidence was discovered which showed that they were not, in fact, guilty.

Interestingly, District Attorneys still try to fight attempts by convicted defendants to have DNA tested for some reason, which is odd given their sworn oath to “do Justice”.

Continue reading "Boston Defendant Wrongfully Convicted For Rape And Robbery Wins Jury Trial Against The Commonwealth" »

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Posted In: Criminal Law , Felonies and Violent Crimes , Rape , Wrongful Convictions

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You are arrested in Massachusetts. Being an avid reader of the daily Boston Criminal Law Blog, you know that what you do in the next few minutes could mean the difference between sleeping at home or at the local jail for the next few weeks. You remember that there were a variety of postings that had talked about things that could help and things that could hurt your chances at being released on low bail. But it was always about this story or that story…never a simple overview about bail and what determines an arrestee’s bail conditions.

Until now, that is.

In this, the latest edition of our weekly Thursday Attorney Sam’s Take, where we discuss certain issues facing people in the criminal justice system, we tackle the pre-trial release question.

Most people have heard about a “right to bail”. However, that “right” has been compromised over the years as the courts have been weighing it against the rest of the community’s rights.

The issue of bail is chiefly about the question of whether a criminal defendant is likely to return to court to answer the charges against him or her as it proceeds, over the next several months, to trial. The theory is that if the court is holding some of the defendant’s money, then the defendant will be less likely to flee. Therefore, at a bail hearing, one hears the prosecutor giving all the reasons the defendant to believe the defendant will not come back to court, while the defense attorney argues all the reasons to believe he will return to court.

While the strength of government’s case will likely be argued, it is not the real issue in a bail hearing. Therefore, simply arguing the facts as if the underlying case had now gone to trial, alone, is not that much help. However, it is relevant if one can persuade the court that the case against the defendant is weak and therefore he has every reason to want to return to challenge the non-existing evidence and clear his name.

This is the same reasoning in considering the seriousness of the case. For example, if the defendant has been charged with murder, considered the most serious of cases and punishable by either life imprisonment without parole or, in the federal system, the death penalty, the courts consider that these potential outcomes are usually enough reason to make a defendant not want to return for the outcome. These kinds of cases are among the few times a defendant can be held without bail for actual bail purposes.

Continue reading "You Have Been Arrested In Boston For Assault, Murder Or An Outstanding Warrant; Will You Be Released On Bail? " »

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Posted In: Criminal Law , Felonies and Violent Crimes , Outstanding Warrants , Probation Violations

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Monday saw the dawning of a new week. Boston-area newspapers, however, are discussing what is really an old problem. The subject of illegal possession of firearms is once again in focus. Let’s take a story from the town of Lawrence, for example. Police say that a 20 year old gentleman, Emmanuel M. (hereinafter, the “Defendant”) will now be needing the help of a criminal defense attorney due to his arrest early Saturday for firing a gun in the middle of West Street.

When police were dispatched to a pizza shop near Cross Street and Broadway shortly after midnight, they say they noticed the Defendant pull out a black handgun and begin to run.

Well, kinda run.

After tripping several times as he dodged police cruisers — bouncing off one — the Defendant is said to have thrown his gun over a 3-foot high fence on Holly St. as he was wrestled to the ground by Officer Carleton Trombly.

Officer Christopher Bussey assisted Trombly in arresting the Defendant. Police said they believe that the Defendant had been drinking as they smelled the odor of alcohol on his breath and found a 1-liter bottle of vodka in his backpack that was half full. The police also say they recovered a .22-caliber handgun with a spent casing in the chamber

Continue reading "Prosecuting Attorneys Seek To Continue Holding Suspects Arrested For Illegal Gun Possession In Jail Without Bail Pending Trial" »

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Posted In: Criminal Law , Felonies and Violent Crimes , Illegal Weapons Possession , Misdemeanors

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More than five years after Kathleen Savio’s death, her husband, ex-police sergeant, Drew Peterson, has been charged with her murder. Savio was found in a dry bathtub with her head soaked in blood from a head wound. The cause of her death was originally determined to be accidental drowning, but that finding came into question after Peterson’s fourth wife, Stacy Peterson, went missing in 2007 and the former cop became the main suspect in her disappearance.

Savio’s family has long questioned whether her death was accidental and after Stacy’s disappearance, they had Savio’s body exhumed. Savio died right before her divorce settlement with Peterson was going to be finalized by a court, and her death left him as her primary beneficiary. Last month, they filed a wrongful death lawsuit against Peterson accusing him of beating and drowning her.

Now, authorities are saying that Savio was murdered and that the crime scene was arranged to look like she accidentally drowned. The indictment against Peterson accuses the 55-year-old of causing his then-wife to inhale fluid.

Police took Peterson into custody on Thursday afternoon. He is being held on $20 million bond. Peterson’s criminal defense attorney says that he will try to obtain a more “reasonable” bond for his client because he considers the amount excessive.

Prosecutors say they may use a new hearsay law that allows the words of murder victims to be used against the defendants that are accused of killing them. Family members say that Savio told her sister that if anything ever happened to her, Peterson would have been the one to kill her. If convicted for her murder, he could face up to sixty years in prison.

Meantime, Stacy Peterson has yet to be found. Police are saying she may have been murdered, but no charges have been filed in her death. Peterson has said that he believes that his wife, then 23, ran away with another man.

Drew Peterson Arrested, but will it stick?, MSNBC.com, May 8, 2009

Savio's family files lawsuit claiming Drew Peterson beat, drowned third wife, Chicago Sun-Times, April 22, 2009

Related Web Resources:
New Illinois hearsay law to shape Peterson case, Cleveland.com

Drew Peterson timeline, Chicago Sun-Times, May 7, 2009

Continue reading "Drew Peterson Charged with Third Wife Kathleen Savio’s Murder" »

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Posted In: Felonies and Violent Crimes , Murder

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Boston, Rhode Island and the rest of the country are watching the criminal charges against infamous alleged “Craigslist Killer” Phillip M. (hereinafter, the “Defendant”) pile up. Along with the criminal charges, are character flaws such as an addiction to gambling. In the meantime, various prosecuting attorneys are looking for new and different charges and criticism to heap onto the pile of suspicion and innuendo and, of course, people to blame.

And so it is not surprising that, as in the case of white collar crime superstar Madoff, the finger of blame is pointing in various directions, including those we have been discussing this past week.

By now, you probably know of the alleged story of the Defendant. Along with his fiancé, he was pulled over in Interstate 95 one fine Monday as the couple were driving to Foxwoods Resort Casino. The destination was considered noteworthy by Suffolk County District Attorney Daniel F. Conely because of a believed “strong link” between gambling and the Defendant’s alleged crimes. In case you have been living in a media-free zone, the Defendant, a Boston University medical school student, has been charged with f murder and armed robbery.

The Defendant’s alleged victims are believed to have met him through their advertisements on Craigslist. The advertisements involved the offering of “erotic massage” services which authorities believe were actually illegal escort, or prostitution services. The murder victim was found on the 20th floor of the Marriott Copley Hotel, having been shot three times and brutally bludgeoned.

Prosecutors say that the Defendant is also guilty of kidnapping and robbing another alleged prostitute who was found tied up at the Westin Copley in the Back Bay.

At first, the Defendant’s fiancé was an ardent defender of her beau. In fact, she issued the statement, " All I have to say to you is Philip is a beautiful person inside and out and could not hurt a fly! A police officer in Boston (or many) is trying to make big bucks by selling this false story to the TV stations. What else is new?? Philip is an intelligent man who is just trying to live his life so if you could leave us alone we would greatly appreciate it. We expect to marry in August and share a wonderful, meaningful life together."

Since then, her attorney has announced that that wedding, originally planned for this summer, "will not occur" and is not likely to happen at any time in the future.

Continue reading "Boston And Other Prosecuting Attorneys Target Craigslist And Prostitution In Murder And Robbery Cases" »

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Posted In: Criminal Law , Felonies and Violent Crimes , Murder , Robbery , Sexual Crimes

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The daily Boston Criminal Lawyer Blog today examines a crime that has just got to provide a figurative punch to your gut.

Elsie C., 83, (hereinafter, the “Victim”) had just attended a church service. She was outside the Belmont Street Stop & Shop, reviewing her grocery receipt. She says she was on her way to place flowers at the gravesides of her husband and son. You see, she was going to decorate the graves of her son, a Marine Sergeant killed in the Vietnam War and her husband, a deceased World War II veteran.

That was when she got robbed.

Suddenly, according to the Victim, a man ripped open her car door and wrestled away her purse. The first time she had seen the gentleman?

Maybe not.

Continue reading "Boston-Area Woman Robbed On Way To Cemetery - Two Arrested For The Theft" »

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Posted In: Criminal Law , Felonies and Violent Crimes , Robbery , Theft Crimes

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Ok, you are sitting in your home around Boston. You hear a police car, sirens screaming, speeding down the street. You momentarily jump because of that old warrant you used to have pending against you. Then, you relax; you remember that, after you started reading this daily blog, you contacted an experienced criminal defense lawyer and cleared the warrant, and the case attached to it,up.

But then, you remember that said nasty stain still exists on your otherwise clean criminal record, or, as it is more commonly called, "CORI".

What to do?

Is there anything you can do?

Well, there might be, depending on the circumstances. Massachusetts law has changed over the years regarding the possibilities and procedures of the expungements (erasing) and sealing of criminal records.

Totally erasing any sign of a criminal matter is not generally possible in the Commonwealth. That solution is basically left for instances where the wrong person was arrested.

No, that does not mean if your defense in the case was "I didn't do it".

Continue reading "Sealing criminal records in MA- How a defense attorney can expunge/seal your record." »

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Posted In: Criminal Law , Expungement/Sealing Record , Felonies and Violent Crimes , Juvenile Crimes , Misdemeanors

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As the rest of us in the Boston area were experiencing the upcoming summer heat, a few individuals were feeling heat of another kind, courtesy of Middlesex District Attorney Gerry Leone.

District Attorney Leone announced last week that a Malden Treasury employee and nine others have been indicted for allegedly embezzling more than $518,000 in city property tax receipts.

Gia D., 27, of Georgetown (hereinafter the “Defendant”), was charged by a Middlesex grand jury on one count of larceny over $250 and a separate count of conspiracy to commit larceny.

The Defendant and a co-defendant, Alan V., 32 of Malden (hereinafter, “Co-Defendant One”), had been arrested last November. Since then, however, the investigation has continued and has now resulted in indictments for the Defendant, Co-Defendant 1 and 8 others in the same alleged conspiracy.

As they were indicted by a grand jury, these are felony charges.

According to District Attorney Leone, none of those indicted, other than the Defendant, are Malden city employees.

The alleged white collar conspiracy involved funds that kept in the Malden Treasury that had come from property owners who had overpaid their property taxes. In 2006, Malden began publishing the list of residents who had overpaid their taxes so that the overpayments could be reclaimed.

Of course, the whole idea was that the funds would be reclaimed by the people who had overpaid. According to the Commonwealth, however, the Defendant and company thought they had a better idea.

Continue reading "Outside Boston, many arrested in embezzlement scheme. Charges of conspiracy to commit larceny and larceny over $250 brought against defendants." »

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Posted In: Criminal Law , Felonies and Violent Crimes , Theft Crimes , White Collar Crimes

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Attorney Sam’s Take: Welcome to the first posting of a new weekly feature on the daily Boston Criminal Lawyer Blog. Each Friday, I will post in this particular format, dealing specifically with an issue which people face every day in the criminal justice system.

THIS WEEK: WHAT EXACTLY IS AN “ARREST WARRANT”, HOW LONG IS IT VALID AND WHAT CAN YOU DO TO GET RID OF IT?

An arrest warrant is similar to a search warrant that you hear so much about on television and in the movies. You know the scene…the detective shows up on a murder suspect’s door and asks to come in.

The suspect sneers, “Where’s your warrant?”

The Detective waives a piece of paper and the suspect frowns and opens the door to let the detective in.

The search warrant is simply an order from the court allowing the police to search a particular place. There are all kinds of technical issues with search warrants, but that is basically all that they are. An arrest warrant is simply an order from the court allowing law enforcement to take the person named in the warrant into custody.

Normally, there are certain restrictions for when an officer can take someone into custody…in other words, arrest him. With the arrest warrant, nothing else is needed. The officer finds the suspect listed on the warrant and can arrest him on the spot.

So, what do you have to do wrong in order to get an arrest warrant issued against you?

Continue reading "Have an outstanding arrest warrant in MA? Here is how to deal with it." »

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Posted In: Criminal Law , Felonies and Violent Crimes , Misdemeanors , Outstanding Warrants

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By now, you have probably heard of the gentleman who has allegedly chosen the name “Clark Rockefeller”. The Commonwealth says his real name, or part of it, is Christian K.G. We, however, will simply call him the “Defendant”.

He is facing charges in Boston for parental kidnapping. However, his attorney is arguing that it is too prejudicial to have the trial in the city and that the matter should be moved to western Massachusetts.

The reason?

The defense argues that, because of the extensive media coverage, the potential jury pool has been tainted to the extent that it is impossible for the Defendant to receive a fair trial.

The argument is based on a survey done for the defense which found that more than three-quarters of respondents in Suffolk County — where potential jurors would be culled — said they were aware of the case. Of those, roughly half said they believed he was guilty.

"That’s a staggeringly high figure, even for a high-profile case," said the Defendant’s attorney.

The prosecutor, however, not to be outdone in his mathematical abilities, countered that the same poll found 52 percent of county residents had not formed an opinion.

Continue reading "Boston criminal defense lawyer seeks to move high- profile case out of Suffolk County" »

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

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This past Monday’s posting of the Boston Criminal Lawyer Blog was about a gentleman who elected the “self-help” approach to criminal justice.

It did not end too well for him.

Today’s posting demonstrates that taking said approach as a family does not work out any better than when acting solo. One could also argue that it is why this daily blog should be required reading...but that’s another issue.

This time, the place was Rockland. Michelle C., 41, of Rockland (hereinafter, “Mommy Defendant”) and her son, Jason R., 24, of Abington (hereinafter, “Sonny Defendant”) were arrested on Easter Sunday for allegedly assaulting an 18-year-old Scituate man, stabbing him twice, during a dispute.

The dispute was about clothing.

According to Rockland Lt. Barry Ashton, Sonny Defendant and the alleged victim were formally friends. They had planned to meet to exchange some clothing. You see, the complainant had a Miami Heat basketball jersey in his possession that belonged to Sonny Defendant and Sonny Defendant had a hat that belonged to the complainant.

The defendants parked a white van several houses away from the home of the complainant’s sister. The complainant and an acquaintance walked over to the van but, according to Ashton, an argument started between the complainant and Sonny
Defendant, who left the van.

Apparently, a fight ensued and, according to police reports, Mommy Defendant left the van to help her son in the fight the complainant.

The complainant was stabbed twice during the fight, Ashton said, once in the elbow and once in the back

Continue reading "Family Plan Assault Bring Attempted Murder Charges Outside Boston " »

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Posted In: Assault and Battery , Criminal Law , Felonies and Violent Crimes , Vehicular Crimes

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A 28-year-old mother has been charged with the murder, kidnapping, and rape of an 8-year-old girl. Melissa Huckaby was arrested last Friday in California following the discovery on April 6 of Sandra Cantu’s body in a suitcase. The piece of luggage containing her body had been thrown in a pond at a dairy farm.

Cantu was last seen on April 27 in the Tracy mobile home park where she lived. Huckaby and her 5-year-old daughter also have a home there, and Sandra and Huckaby’s daughter were playmates.

Huckaby is a Sunday school teacher. She owns the suitcase that Sandra’s body was found in and claims that someone had stolen it.

Police searched multiple locations, including the church where Huckaby taught, to find Cantu. They are also trying to find out of if there may be more victims.

Formal charges against Huckaby include one count of murder with the special circumstances of rape with a foreign object, murder in the course of kidnapping, and lewd or lascivious conduct with a child. If convicted, Huckaby could face life in prison or be put to death. Huckaby is expected to enter a plea to the criminal charges on April 24. According to KCRA 3, a Local California TV station, investigators say that Huckaby admitted to killing the 8-year-old girl but that the death was accidental.

Huckaby, who remains behind bars, has been placed on suicide watch. She has also undergone a mental health evaluation that is being presided over in the mental health court. Any mental issues would impact the criminal case against her.

The 28-year-old reportedly has suffered from depression and in recent years experienced a series of setbacks, including divorce and bankruptcy. She is also on probation for a petty theft charge that she pleaded guilty to in November 2008.

First court appearance: Tracy woman accused of murder, rape in Sandra Cantu's death, Mercury News, April 15, 2009

Slain girl's family express 'shock and disbelief' at neighbor's arrest, CNN, April 11, 2009

California girl, 8, disappears after playing with friend, CNN, March 31, 2009

Related Web Resources:
Women of Death Row

Women and the Death Penalty

Continue reading "28-Year-Old Mother Charged with Raping and Killing 8-Year-Old Female Neighbor" »

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Posted In: Felonies and Violent Crimes , Kidnapping , Murder , Rape

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Somebody should break the news to Anthony W. Of New Bedford (hereinafter, the “Defendant”) that the criminal justice system does not give extra points for consistency. This Boston criminal defense attorney can tell you, however, that it does give extra time as a lodger in Commonwealth housing.

The Defendant has just added arrest number 231 to his 27 page rap sheet.

According to the New Bedford Police, the Defendant reached this milestone on Monday after littering and leading police on a chase.

“Hey, couldn’t this be a misunderstanding?”, you say. After all, the poor lad could simply have accidently dropped the offending trash while jogging...!

"I certainly wouldn't characterize him as misunderstood," said Lt. Jeffrey P. Silva. "I would characterize him as a career criminal."

Silva said Officer Shawn Robert pulled the Defendant over near the corner of County and Mill Streets after he saw the Defendant throw trash from his vehicle. Rather than look the other way and chalk it up to a minor offense, the officer stopped the Defendant’s car.

Initially the Defendant pulled over. That was the good news.

Then, it turned out the Defendant had neither a license nor registration. That was the he bad news.

The Defendant then told the officer that he didn't have time for this, and then drove off, nearly running Officer Robert over. That was very bad news.

Continue reading "The Boston Criminal Lawyer Blog Examines Career Criminal And Felonies" »

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Posted In: Criminal Law , Felonies and Violent Crimes , Outstanding Warrants , Traffic Violations , Vehicular Crimes

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According to Equal Justice Initiative, there are more than 2,000 prisoners serving life sentences without parole for crimes that they committed when they were younger than 18. At least 73 of these offenders were just 13 or 14 at the time.

The US Department of Justice says that the trend of giving minors life prison sentences began in the 1990’s when there was a dramatic increase in homicides committed by juveniles. The nationwide crackdown also resulted in certain minors being tried in adult courts.

Now, Oregon, Alaska, New Mexico, Colorado, and Kansas are the only US states where a minor can’t be sentenced to life without parole. 19 US states allow children younger than 14 to be sentenced to the same terms. Pennsylvania has almost 500 prisoners that committed crimes when they were minors and who are now serving life terms without parole.

Recently, lawmakers in certain US states began to push for changes in their laws. In 2006, Colorado got rid of the sentence of life in prison without parole for minors convicted of crimes. Legislation is being considered at the federal level that would allow juvenile offenders to avail of parole. Meantime, in California, Senator Leland Yee introduced SB 999 that allows for the sentences of juveniles serving life in prison to be reevaluated after 10 years for parole.

While supporters of the practice of sentencing minors to life sentences say this punishment is sometimes necessary to keep society safe, opponents call life prison sentences for juveniles a “cruel” punishment for such young offenders. There are even two juvenile offenders who received the lifelong sentences for crimes other than murder.

Antonio Nunez, then 14, was convicted of armed kidnapping in 2001. Joe Sullivan received his lifelong sentence for raping an elderly woman in 1989. Sullivan is mentally disabled and was 13 when the sexual assault incident happened.

According to Equal Justice, most juvenile offenders who are ordered to spend their lives in prison without parole usually had to endure violence, poverty, or drugs while growing up.

When tried in adult court, juveniles can be at a huge disadvantage unless they are represented by an experienced juvenile crimes lawyer.

Teens locked up for life without a second chance, CNN, April 8, 2009

Nearly 500 teens serving life terms in Pa. prisons, Post-Gazette, April 8, 2009

Bill Introduced to Reform Life Sentences for Minors, California Chronicle, April 8, 2009

Related Web Resources:
Equal Justice Initiative

Juvenile without Parole Fact Sheet, Citizens for Juvenile Justice (PDF)

Read the Equal Justice Initiative Report

Continue reading "More than 2,000 US Inmates Sentenced to Life in Prison Without Parole Committed Their Crimes When They Were Minors" »

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Posted In: Felonies and Violent Crimes , Juvenile Crimes , Murder

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You know, sometimes you’ve just got to be proud to be American. After all, the pioneering spirit, that drive to be creative, still exists…even in these troubled times. Less than an hour away from historic downtown Boston, where there are a plethora of structures dedicated to our revolutionary past, is a place called Brockton.

And in Brockton, there is the fellow about which I refer. And not so far away from him, I would imagine, is his criminal defense attorney.

Gerard G., 25, of Brockton (hereinafter, the “Defendant”) went to Braintree to do his shopping on Monday. Well, not exactly shopping, according to the police. “Shopping” is when you give United States currency in return for the items you wish to take. He only did half of that.

Twice in one evening.

He was arrested the first time for shoplifting. In true pioneering fashion, he went back in.

And was arrested again.

Continue reading "Criminal Defense Attorney Needed For Two-Time Shop Lifter" »

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Posted In: Criminal Law , Felonies and Violent Crimes , Robbery , Theft Crimes

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The city of Lynn’s top cop, Police Chief John Suslak, is unhappy. His ire has been raised by a ruling by the Supreme Judicial Court in Boston. On Friday, he joined law enforcement officials across the state in saying that the decision barring police from frisking suspected drug dealers for weapons in most cases endangers officers. To said officials, those pesky defense attorneys have done it again. More loopholes for criminal defendants to slip through.

To said attorneys, however, as well as the Court, those “loopholes” are Constitutional safeguards.

Last week, the SJC, the Commonwealth's highest court, ordered police to stop pat-frisking suspected drug dealers for weapons unless they have specific information the person is armed or has a history of violence. One member of the Court disagreed with the majority, claiming that the ruling puts police officers in jeopardy. Various members of law enforcement agree with that dissenting opinion and Chief Suslak.

"Police work by its nature is dangerous, and drug work is even more so," said Lawrence Police Chief John Romero. "We will comply with the ruling . . . but it's going to put officers at risk." Suffolk District Attorney Daniel F. Conley, however, is not so compliant. He has said that he wants Boston police officers to protect themselves and that he is prepared to lose some cases if a judge rules drugs were found after an illegal pat frisk.

Continue reading "Criminal Defense Attorney Wins Search Issue In Drugs And Guns Case" »

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Posted In: Criminal Law , Drug Offenses , Felonies and Violent Crimes , Illegal Weapons Possession

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In Massachusetts, Melrose YMCA girls basketball coach James Conner has been indicted on 20 criminal charges for his alleged sexual assault of two girls. The 51-year-old North Reading resident is also accused of videotaping the incidents using hidden cameras. Prosecutors say they plan to use the video evidence in their case against Conner.

Among the charges against him are four counts of indecent assault and battery on a child, five counts of rape of a child, two counts of posing a child in sexual conduct, two counts of posing a child in a state of nudity, interception of oral communication, photographing/videotaping a naked person without their knowledge, and witness intimidation.

The girls basketball coach was arrested last month and charged with raping one of his players. An investigation into the allegations led to the other rape victim, as well as more charges.

At the time of the alleged sexual assault incidents, the girls were younger than 14. The crimes reportedly took place at Conner’s home and at YMCA events.

In an unrelated incident, a Massachusetts man was sentenced to life in prison for the rape of a 6-year-old boy in a public library. Corey Dean Saunders, 27, pleaded guilty to the rape charge last month. He admitted that he got the boy to join him in the reading room while his mother was on a nearby computer. He will be up for parole in 15 years.

Massachusetts Sexual Crimes
The state of Massachusetts takes a tough stance against people convicted of raping minors. A person convicted of the forcible rape of a child under 16 years of age could end up spending the rest of his or her life in prison. This is why it is so important that you retain the services of an experienced Boston sexual crimes attorney who can defend you.

Melrose YMCA coach indicted on 20 charges, Boston.com, April 2, 2009

Mass. man charged in library rape gets life, Associated Press, April 2, 2009

YMCA Coach Indicted On Child Rape Charges, The Boston Channel, April 2, 2009

Related Web Resources:
Information for Sex Offenders, Mass.gov

How To Survive in Prison as an Innocent Man Convicted of a Sex Crime, IPT Journal, 1997

Continue reading "Melrose YMCA Girls Basketball Coach Indicted on 20 Massachusetts Criminal Charges for Allegedly Sexual Assaulting Two Young Girls " »

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Posted In: Felonies and Violent Crimes , Sexual Assault

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Eric S., 46, of North Andover, (hereinafter, the “Defendant”) is home again…for now. In fact, he is actually confined to his home and ordered to wear a bracelet monitoring system. Through the apparently successful arguments of his attorney, he is not being held in jail without bail.

But it was a close call.

The Defendant’s latest round of legal trouble resulted from a the execution of a search warrant which was served at his home on March 23rd. Police say that they found a .38-caliber revolver, 12 grams of cocaine, $70,000 cash, and pills believed to be oxycodone and Ecstasy. He was charged with possession of a firearm without a license, possession of cocaine with intent to distribute, and possession of cocaine.

That was not the start of his problems, however. The previous evening, he had been arrested as well. That time is was on another kind of warrant – arrest warrants. The warrants had been issued in Tyngsborough where police say that he was involved in an incident early Sunday morning, March 22, at Angela's Coal Fired Pizza, a restaurant owned by his wife.

During the Sunday morning incident, the Defendant allegedly beat a manager of the restaurant with a baseball bat, stuck a gun in his mouth and accused him of stealing $20,000 cash. The manager suffered a cut lip requiring stitches and bruises on his body from repeated strikes with the bat, police said.

For that incident, the Defendant was charged with kidnapping, assault and battery with a dangerous weapon, and threatening to commit murder.

Continue reading "Guns, Drugs and Assaults Result In Home Imprisonment North Of Boston " »

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Posted In: Assault and Battery , Criminal Law , Felonies and Violent Crimes , Illegal Weapons Possession

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In Massachusetts, Holbrook police are investigating a complaint by a juvenile girl that videotaped footage of her having having sexual intercourse with her boyfriend was texted to classmates and friends. Both the girl and her boyfriend are minors. The Norfolk District Attorney is investigating the girl’s claims and a “statutory rape” charge may be filed.

This is not the first Massachusetts sexting incident to garner media attention. Earlier this month, three students from Mansfield High School were suspended. They are accused of downloading naked pictures of a classmate who is a minor. The pictures were also posted on the Internet and handed out in print format around the Massachusetts school.

Last month, a number of middle school students in Falmouth were accused of transmitting naked pictures of a 13-year-old female via text message. In January, over 100 cell phones in Billerica may have received and/or sent a naked picture of a 14-year-old girl.

In Massachusetts, sexting is being treated as a sexual crime that could result in adult charges and penalties, including time behind bars and mandatory registration as a sex offender. Meantime, prosecutors in other US states are also treating this latest teen craze seriously.

In Pennsylvania, a 15-year-old girl is suing a local prosecutor who is threatening to file an open lewdness charge against her and a friend for taking pictures of themselves in their bras and transmitting them via text. The teen, Marissa Miller, claims she did nothing wrong.

In another sexual crimes-related case involving a teenager using current technology to express her sexuality, child pornography and distribution of child pornography charges were filed in New Jersey against a 14-year-old girl who posted almost 30 nude pictures of herself on her MySpace Web site.

These arrests are sparking a debate on whether filing criminal charges is the right penalty for these teens, especially as many of them may not even be aware they are breaking the law.

’Sext’ flick shocker: Holbrook police investigating phone video, Boston Herald, March 30, 2009

Girls threatened with porn charge sue prosecutor, AP, March 26, 2009

NJ girl, 14, arrested after posting nude pics on MySpace, Boston Herald, March 27, 2009

Related Web Resources:
Juvenile sex crimes far from uncommon, WickedLocal.com, February 10, 2009

‘Sexting’ in Massachusetts Could Lead to Child Pornography Charges and Sex Offender Status, Altman & Altman, LLP, March 24, 2009

"Sexting" Shockingly Common Among Teens, January 15, 2009

Massachusetts Sexual Offender Registry

Continue reading "Holbrook Police Investigate Massachusetts Sexting Case Involving Teen Minors Having Sex on Video; Statutory Rape Charge May Be Filed" »

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Posted In: Felonies and Violent Crimes , Juvenile Crimes , Sexual Crimes

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Yesterday, outrage erupted in Natick District Court as a Boston homeless shelter resident stood with his attorney as his victims demanded his incarceration. The dramatic scene unfolded when the mother of a sexually abused child chastised the judge for allowing a sexual offender to remain free despite alleged parole violations.

John C., a level 3 sex offender (hereinafter, the “Defendant”) has already been convicted of assaulting Rachel F.’s (hereinafter, the “Mother”) 9-year-old daughter. Upon his release from serving a part of his sentence, he was ordered by the court to wear a GPS monitoring bracelet.

He has not done so.

The Defendant was given several months to comply with a court order to find new housing or find a way to charge the GPS device. He has been living at a local shelter For Homeless Veterans since being released from prison in December.

Without the GPS device.

Now, he was given more time to correct the violation.

Continue reading "Boston Sex Offender Faces Jail Time For Parole Violations" »

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Posted In: Criminal Law , Felonies and Violent Crimes , Probation Violations , Sexual Assault

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In the United States, a number of arrests involving teenagers and young adults ‘sexting’ have led to media speculation about this new activity that has grown popular among young people. ‘Sexting,” involves sending nude or semi-nude pictures via text message.

While this may appear like a new and harmless way for teenagers especially to express their raging hormones, law enforcement officials and school authorities are taking this new form of texting seriously. Students in at least 12 US states have been charged with possessing and sending child pornography.

In Massachusetts, six Falmouth middle school students, ages 12 to 14, were brought in for questioning over a picture of a partially nude 13-year-old girl that was sent via text message in January. Five of them may face child pornography charges. If convicted of this Massachusetts felony crime, they would have to register as sexual offenders.

In Kansas, seven people, including five minors were arrested for using their cell phones for ‘sexting’ nude photos. In California, Orange County middle school students were suspended after a 14-year-old girl’s nude pictures were sent via text to other students.

According to the National Campaign to Prevent Teen and Unplanned Pregnancy, one in five teenagers admits to sending out semi-nudes or nude photos of themselves via text messaging. 39% of teens say they have sent sexually suggestive messages, while 48% say they have received such messages.

In many instances, a ‘sexting’ youth may not even know that he or she is doing anything illegal and is just having fun or trying to fit in. Yet ‘sexting’ is hardly a child’s game, considering that a felony charge for child pornography can have serious, adult-like ramifications.

Report: Boy Won't Be Charged In 'Sexting' Case, WBZ.com, March 7, 2009

Los Alamitos Students Caught 'Sexting,' MSNBC.com, March 19, 2009

'Sexting' Teens May Face Child Porn Charges, ABC News, February 12, 2009

Related Web Resources:

Sex + Texting = Sexting, Washington Post, December 10, 2008

National Campaign to Prevent Teen and Unplanned Pregnancy

Continue reading "‘Sexting’ in Massachusetts Could Lead to Child Pornography Charges and Sex Offender Status" »

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Posted In: Felonies and Violent Crimes , Juvenile Crimes , Sexual Crimes

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It was not an uncommon news story on Wednesday in Springfield. A Multi-defendant drug bust of heretofore unknown budding defendants. You know the drill…”high-crime area”, “ongoing investigation”, attorneys’ arguing bail and mouthing “not guilty” for their clients to recite when asked by the court.

Sergeant John Delaney of the Springfield Police Department proudly announced the arrests of John C., 27; Karla T., 24; and Robert W,, 37. (hereinafter, collectively the “Three Defendants”) as part of the bust.

The arrests followed an ongoing investigation. After conducting an hour of surveillance, watching drug sales of crack and marijuana, the police arrested two alleged sellers and one alleged buyer. on Carter and Tapia at Union and Orleans Streets, detectives observed the duo routinely making sales of crack and marijuana. After police observed Walter receive a sale, police followed him out of the vicinity and arrested him.
The arrests of the alleged drug dealers went down without incident. The alleged buyer, however, fought back and tried to swallow the evidence.

He lost the battle.

Continue reading "Massachusetts Drug Traffic Continues" »

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Posted In: Criminal Law , Drug Offenses , Felonies and Violent Crimes

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In case all the reports of white collar crimes and pop icons assaulting each other, do not get the idea that plain everyday crimes like Massachusetts Breaking and Entering, aka the felony of Burglary, do not happen anymore. In fact, Steven M., 47, of Boston (hereinafter, the “Defendant”) is facing the music for a string of break-ins right now.

The Defendant is believed to be responsible for a string of home break-ins throughout the winter. Learning that the Brookline Police Department had issued a warrant for his arrest, he turned himself in last week.

The turning point in the investigation? DNA evidence.

Police got the DNA in December after a detective investigating the recent rash of break-ins saw someone walking down Winchester Street disappear down an alleyway to go behind a Fuller Street apartment complex, the scene of recent break-ins. The officer then observed the Defendant allegedly trying to stuff a flat screen TV into a duffel bag. He ordered the Defendant out of the area and he reportedly fled.

But he left the duffel bag behind.

Continue reading "Boston-Area Burglary Spree Comes To An End" »

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

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Massachusetts white collar crimes are often investigated without the target of that investigation having any idea that they have come under scrutiny. There are a number of business-related crimes that are prosecuted all the time. Often, it is that Attorney General’s Office, rather than the District Attorney’s Office that performs these investigations and resulting prosecutions. Last Wednesday, one such prosecution came to an end. It involved an alleged embezzlement in Boston's neighbor, Stoneham.

The matter was not simply prosecuted in the local district court, however. The AG’s Office indicted Patrice M., 51, of Somerville (hereinafter, the “Defendant”) and pursued the matter in Middlesex Superior Court.

The Defendant pleaded guilty to various crimes including False Entries in Corporate Books, Forgery, and Larceny over $250 by Continuous Scheme. The allegations of theft were brought by the Defendant’s former employer, for whom she had worked as the company’s senior accountant.

The Attorney General’s Office began its investigation after the matter was referred by the Defendant’s former employer. Investigators determined that while working as the senior accountant for the Stoneham-based non-profit organization, the Defendant stole $126,000 between June, 2001, through October, 2004. This was apparently done by stealing company checks and making them payable to herself, either by forging the signatures of authorized company officers or using a signature stamp, and then depositing the checks into her personal bank account. She then made false entries on the company’s financial records to conceal the theft.

Continue reading "Embezzlement In Stoneham Results In Guilty Plea" »

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Posted In: Criminal Law , Felonies and Violent Crimes , Theft Crimes , White Collar Crimes

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Not too far from Boston is the town of Natick. Natick had a couple of problems this past Tuesday evening. One of those problems got away. The other one, Aretha B., 33 of Worcester (hereinafter, the "Defendant") did not. She was arrested, given a free trip to the local courthouse, the services of an attorney and a new court date.

The incident happenned at Neiman Marcus.

According to a security officer, he saw the pair( the Defendant and an as-yet unidentified gentleman) walking around the store. At some point, said gentleman took an expensive belt off the rack, handed it to the Defendant, who hid it in her jacket.

They left the store, and the guard confronted them.

According to police spokesman Lt. Brian Grassey, the lovely couple struggled with the security officer, the gentleman trying to free the Defendant from the grip of the officer. Apparently, there is a security video which depicts the struggle.

The store security officer was nonetheless able to grab the Defendant and bring her back to the police officer. The video shows her accomplice walking off.

Continue reading "The Boston Criminal Lawyer Blog Visits Theft In Natick" »

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Police in Massachusetts say they believe that the increase in car break-ins, burglaries, scams, larcenies, and domestic violence crimes throughout the state can be attributed to the recent economic crisis. For example, the Boston Globe is reporting that in:

• Lawrence, Massachusetts: Burglaries have already increased by 52% compared to last year.
• Lowell, Massachusetts: There has been a 21% increase in thefts and larcenies, as well as an increase in fraud cases.
• Hingham, Massachusetts: Between October 2008 through February 2009, there were 57 reports of domestic violence-related crimes (up from 35 domestic violence incidents the year prior).
• Boston, Massachusetts: While large crimes are down throughout the city, certain areas have seen an increase in robberies, thefts, and burglaries.
• Between January 1 through March 1, 2009, the Suffolk district attorney’s office assessed 256 child abuse cases, which is almost twice the number of cases reported for the same period in 2008.

According to police, loss of work, loss of income, foreclosures, and loss of quality of life may be leading to desperation, frustration, anger, stress, arguments and fights between couples and business partners, drinking, and drugs.

Police departments throughout Massachusetts are also reporting some unusual crimes that could be a further reflection of the tough times that people are facing:

• A Ludlow bank was robbed two times in a little over a year in a town that hadn’t experienced a bank robbery in 20 years.
• In Hingham, one man was accused of assaulting his spouse after he was laid off from work.
• One Quincy theft crime that occurred last December involved robbers taking three snowplow blades.
• Domestic violence programs throughout Massachusetts are reporting an increase in the number of battered women asking for help.

It doesn’t help that the economic crisis is forcing police departments to cut back on budgets, which means there are less resources and staff to deal with the increase in Massachusetts crimes.

Economy fuels rise in crime, police say, Boston.com, March 10, 2009

Massachusetts Crime Rates 1960 - 2007, Disaster Center

Related Web Resources:
Massachusetts State Police

Continue reading "Massachusetts Police Say Economic Woes Have Led to More Break-Ins, Larceny, Domestic Violence, and Other Crimes" »

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Last week, he was trying to get to Boston. Now, he is in Bridgewater. The state hospital, that is, for a mental evaluation. He was not going to make it to his desired location anyway. The prosecuting attorney already convinced the court to hold him without bail.

It is the tale of Jquan D., 30 (hereinafter, the “Defendant”). Last Wednesday night, he allegedly carjacked a car, and kidnapped three women, for his wild ride. Those felonies were not enough for the Defendant, though. He is also said to have repeatedly punched and threatened to rape and kill the women whom he ordered to drive to Boston. According to police reports, the Defendant kept explaining that he did not want to strike them, but “the spirit is going to get him”, which, apparently, caused him to nonetheless hit the 21 to 22 year old women several times.

One of the women lives in Fitchburg. The other two had come to visit when the ordeal began. The three women were outside the car, and the driver told police she had gone to move items into the back when the Defendant, who she did not know, approached and said the women were supposed to get into the car.

“She stated that once she saw him, he was striking her friend in the back seat and that he would kill them all,” Officer James S. McCall wrote in his report. “She stated that she started to resist when she was struck in the mouth by him.”

The punch sent her tooth into her lip, she said, and the man continued to hit her as she drove and made repeated threats to kill them.

Continue reading "Harrowing Drive To Boston Leads Alleged Sex Crime Carjacker To Court, Defense Attorney And Incarceration" »

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Hyannis, Massachusetts, is a land one does not often associate with gang wars and murder. However, today’s daily Boston Criminal Lawyer Blog examines one of its more tragic stories…one that sounds like it came out of a bad novel... or the Civil War. It is about two brothers who were brought up in a family business too often found these days…the Massachusetts drug trade.

Now, one brother is dead. His younger brother is charged with killing him.

Mykel M., 13, (hereinafter, the “Defendant”) is now accused of masterminding the slaying of his 16-year-old half-brother Jordon (hereinafter, the “Deceased”) so he could take over the drug operation — one police say they inherited from their father, who is in prison for running one of the biggest cocaine rings on Cape Cod.

The Deceased was found shot, stabbed 27 times and dumped into a pit, where his body was torched. Another 13-year-old friend and a 20-year-old cousin also are charged with murder.

The killing has shaken the normal quiet of winter on Cape Cod, the summer tourist destination known for its beautiful beaches, salt water taffy and famous residents. In fact, the Deceased lived just a few miles from the Kennedy compound in Hyannis Port.

Continue reading "The Boston Criminal Lawyer Blog Views The Remains Of A Boy Charged With Murdering His Brother To Control The Family Drug Trade" »

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In the daily Boston Criminal Lawyer Blog, I have often warned against making statements to try to either outsmart or rationalize when law enforcement comes a-calling investigating you for a crime. Often, by the time this happens, their “search for the truth” is over and it is just a question of building a case.

Unfortunately for Ronnie P. , 26, (hereinafter, the “Defendant”), I began this daily blog in 2008. It was too late to help him in his time of need, which was in 2007. On the other hand, it might not have made any difference. In his case, it was he who went to the police to turn himself in. Well, kind of. He told the police that he may have stabbed 36-year-old William L, 36 (hereinafter, the “Deceased”) to death.

The stabbing met the requirement of Massachusetts Assault and Battery with a Dangerous Weapon statute (among others). "To death"...well, that would mean Massachusetts Murder.

He found he had guessed correctly as he led the police to the Deceased’s home, where lay his dead blood-stained body. He had been stabbed multiple times and his throat was slashed according to police reports.

The Defendant was i charged with second-degree murder and faces a maximum possible sentence of life in prison. The trial has been occurring this week.

State prosecutors and police officers maintain the Defendant came to the Cape Coral Police Department and admitted to stabbing the Deceased multiple times during a struggle, during which the Defendant said he thought the Deceased had a loaded gun.
It’s not like the Defendant was not also injured. He had suffered a bite to his thumb, an abrasion to the left side of his body and a cut across the heel of his foot as a result of the altercation.

Sounds like the type of wounds the police call "defensive wounds".

Detectives quickly booked Perez on murder charges and processed the scene for evidence, as well as the Defendant’s house, they testified Wednesday.

Continue reading "Island To Boston’s South Watches Murder Defendant Who Played “Lawyer” Go To Trial" »

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Today, we welcome home Germaine G., 30, (hereinafter, the “Defendant”). The Commonwealth has just welcomed him back by awarding him seven and a half years of free room and board. He had actually earned the award when he was convicted four years ago for violating Massachusetts' drug trafficking and firearm laws. He was not there for the verdict, though. Apparently demonstrating his faith in how things went, he left his attorney behind and skipped out during jury deliberations. The former resident of north of Boston’s city of Lynn is now back in the Commonwealth’s warm embrace and it appears he will be for awhile.

The Defendant had been found guilty of trafficking over 28 grams of cocaine, trafficking cocaine within 1,000 feet of a school zone, distribution of cocaine as well as possession of a firearm and ammunition without a license.

Jurors had deliberated for five and a half hours over a two-day span, but reported their verdict to an empty chair on Nov. 30, 2004 after the Defendant, who had been free on $5,000 cash bail, failed to appear for the conclusion of his trial.

A Massachusetts warrant had been issued for his arrest.

He was intercepted in October on the warrant after trying to enter Toronto, Canada from Barbados.

Tuesday afternoon in Woburn Superior Court, Judge Elizabeth M. Fahey welcomed the Defendant back by ordering that he serve five years in state prison for the cocaine trafficking charge and also imposed another mandatory 30-month jail sentence for trafficking cocaine within a school zone, which will commence when he completes his state prison term.

Continue reading "The Boston Criminal Lawyer Blog Welcomes Drugs And Guns Defendant Home" »

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In Massachusetts, three of the jurors who helped convict a man for the 1991 bombing that maimed on Boston police officer and murdered another are asking a federal judge to either grant Alfred Trenkler a new trial or free him. Trenkler was convicted in 1993 of making a bomb that killed Boston Police Officer Jeremiah J. Hurley Jr. and caused Boston Police Officer Francis X Foley to lose his eye, as well as his hearing in one ear.

Now, however, three of the jurors who helped put him behind bars are having doubts about the guilty verdict they reached and they are questioning whether he was wrongly convicted. The jurors sent letters to US District Court Judge Rya W. Zobel citing their doubts. Sheridan Kassirer, the jury forewoman in Trenkler’s criminal case, even has gone so far as to say that she thinks Trenkler may be innocence. All three jurors say they began to have doubts about the guilty verdict after reading a 700 page, unpublished manuscript written by a man who built a Web site for Trenkler.

Legal specialists say it is uncommon for jurors to have doubt about a verdict, especially one that was issued so long ago. Harvard Criminal Justice Institute Director Ronald Sullivan, however, says that the court can only act if new evidence, or evidence that had not been revealed before, has come to light.

Trenkler has long maintained his innocence and for years has sought to have the verdict appealed or his sentenced reduced. In 2007, the US Court of Appeals ruled that Judge Zobel could review the case based on Trenkler’s claims that there was new evidence that could set him free. Zobel reduced Trenkler's double life sentence to 37 years in prison, but last year, the U.S. Court of Appeals for the First Circuit reinstated his original sentence.

Trenkler’s co-defendant and ex-lover Thomas Shay was also convicted for the same crimes in 1998, but the First Circuit Court of Appeals overturned the verdict. He was released from prison in 2002 after pleading guilty to a lesser offense but he was put back in jail in 2007 for probation violations.

Jurors who convicted in '93 ask judge to retry case, Boston.com, February 23, 2008

It’s double-life in prison for Trenkler, Wicked Local, August 6, 2008

Related Web Resources:
Alfred Trenkler, Innocent Committee

Wrongful Murder Convictions, Massachusetts

Continue reading "Three Massachusetts Jurors Ask Judge to Retry Case of Man Sentenced to Life in Prison for 1991 Bombing that Killed a Boston Police Officer " »

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This past weekend, there was a party on the campus of Amherst College.

There was a little trouble. The result?

One youth lies in a hospital bed recovering from multiple stab wounds. Another, Marcus S., 21 of Boston (hereinafter, the “Defendant”), actually a student of University of Massachusetts, appeared in court yesterday as his lawyer tried to get him released on bail.

That attempt was not successful.

Amherst police responded to the call for assistance from the Amherst College Police Department at about 1 a.m. on Sunday . There had been a stabbing at Crossett Dormitory on the Amherst College campus. Upon arrival, officers discovered that a 20-year-old Amherst College student had been stabbed multiple times in the back and chest. He was transported by ambulance to Baystate Medical Center in Springfield where he was treated for injuries that were not deemed to be life-threatening.

The police became suspicious of the Defendant, who was covered in blood, but only had a minor cut on his thumb. Upon investigation, according to the arresting officer, the two men had argued about a girl with whom the Defendant had been dancing.

Continue reading "Boston Student Held Without Bail Despite Attorney’s Attempts" »

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24 years after he was convicted of raping a college student, Timothy Cole was finally exonerated of the crime. Last week, a judge ordered that Cole’s criminal record be expunged after DNA evidence proved that he was innocent, as he has always maintained. Unfortunately, the exoneration comes too late for Cole who died from asthma complications in 1999 at age 39. He was serving a 25-year prison sentence for a crime he did not commit.

DNA findings are now linking the rape to Jerry Wayne Johnson, who is already serving a lifetime prison sentence for more than one rape crime. On Friday, he admitted to raping the young woman. He is asking the victim for forgiveness.

Ruby Cole Session, Cole’s mother, expressed gratitude that her son’s name has been cleared. The rape victim, Michele Malin, has also come forward to clear his name. She is now 44.

Malin had identified Cole out of a photo lineup, during a live lineup, and again at his criminal trial. She says that when her case was under investigation, officials had portrayed Cole as a violent criminal.

It is reportedly not uncommon for investigators and police to manipulate lineups or for witnesses to identify a suspect who looks like the perpetrator—especially if the real criminal is not present.The dead man’s family now wants the Texas governor to issue a formal pardon.

In an unrelated case, another man was released from a Texas prison last month when DNA evidence also proved that he was serving a 99-year prison sentence for a crime he did not commit. Charles Chatman was convicted of aggravated sexual assault 28 years ago. He is the 15th inmate to be set free in Dallas County in the wake of new DNA evidence.

In Massachusetts, DNA evidence was also a key factor in exonerating Anthony Powell who was convicted of rape and kidnapping after serving more than 12 years in prison for a crime he did not commit. Powell's conviction was vacated in 2004. Last year, Massachusetts police arrested Jerry Dixon for this crime and three others after he took a DNA test.

Rape crimes can be tough cases to prove and the wrong person be charged with a crime he or she did not commit.

Judge clears dead Texas man of rape conviction, Yahoo.com, February 7, 2009

DNA evidence frees Texas man after 26 years in jail for rape, USA Today, January 3, 2008

Innocent man finally finds justice, Boston Herald, July 18, 200i

Related Web Resources:
The Innocence Project

New Efforts Focus on Exonerating Prisoners in Cases Without DNA Evidence, NY Times, February 7, 2009

Continue reading "DNA Evidence Exonerates Man of Rape Conviction 10 Years After His Death" »

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Nikita R. 50, (hereinafter, the “Defendant”) lived in the near the City of Boston...Arlington, in fact. Until this week, he was perhaps an average-looking man who you might pass on the street and give a friendly nod to. His neighbors knew him mostly as a quiet guy who smoked cigarettes on his porch.

This changed on Monday when the Defendant put on camouflage fatigues and, armed with a 9mm handgun, allegedly ran up and down a tree-lined street screaming incoherently and pointing the handgun at his neighbors according to police.

This morning, he is a guest of the Commonwealth, held without bail and facing various felony charges, as his attorney prepares to argue to the a judge that he is not a danger to the community.

Don’t let that one lone handgun fool you, though. He was also carrying an illegal double-sided knife, police said. Inside his apartment on Magnolia Street, investigators with a search warrant discovered several more illicit knives and an illegal, high-capacity SKS assault rifle with ammunition, police said.

"Suffice to say, he was well armed," said Chief Frederick Ryan of the Arlington Police Department.

Continue reading "Boston-Area Lawyer Struggles To Prepare For Dangerousness Hearing After Client Is Found With Weapons And Assaults Neighbors" »

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The Massachusetts rape trial of former Coast Guard officer David Pierce is set to begin this week. Pierce is accused of raping the same woman five times in 2005.

Pierce’s criminal defense attorney claims that the sex between the client and the woman was consensual and that the two of them were involved in some sort of relationship that year. Pierce was indicted on five counts of rape in January 2006. He pleaded not guilty.

Several Coast Guard officers are expected to testify during his criminal trial. The alleged victim, Cape Cod Hospital nurses, and Yarmouth police officers are also expected to give their testimonies.

If he is convicted, Pierce would become a known Massachusetts sex offender and likely sentenced to time in state prison.

Rape
If you have been accused of committing rape in Massachusetts, it will be up to your Boston criminal defense attorney to combat the charges against you. Rape is a crime that usual involves non-consensual sexual intercourse between people, usually by force or under threat of injury. A defendant can be accused of raping a stranger, a friend, an acquaintance, a significant other, or a spouse.

A good Boston sexual crimes lawyer will know how to investigate the evidence against you, as well as determine what evidence exists in your defense. There may be information or evidence that could get the charges against you dropped or reduced. A conviction for rape in Massachusetts could lead to years in prison. Your name would also be placed on the Massachusetts’ sexual offenders list.

Coast Guardsman faces rape trial in Mass., Examiner.com, February 3 2009

Barnstable trial on rape charges begins Tues., CapeCodOnline.com, February 2, 2009

Related Web Resources:
Mass Law about Rape and Sexual Assault, Massachusetts Trial Court Law Libraries

Sex Offender Registry Board, Mass.gov

Continue reading "Former Coast Guard’s Massachusetts Rape Trial Begins this Week" »

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In an interview with the Patriot Ledger, convicted Massachusetts Level 3 sex offender Alvin B. Fields Jr. says he is not a danger to his community. Fields, a Plymouth resident, appeared in Plymouth District Court last week after he was apprehended for taking his clothes off in front of an Old Navy at a Massachusetts mall. In the last four years, Fields has been arrested a number of times for exposing himself in public. In 2005, he was convicted for statutory rape.

Fields says he never exposed himself in front of the Old Navy store. He also says that he did not know that the teenager he slept with, leading to his Massachusetts rape conviction, was only 13. He says that he pleaded guilty in that case and was given a lenient sentence due to extenuating circumstances.

Fields’s victim, however, says that she met him at a Quincy parking lot and he served her alcohol. She says she passed out and woke up to find Fields having sexual intercourse with her.

He was sentenced to a two-year prison term and a lifetime of parole, which means he could go back to jail for another arrest. However, the charges against him involving public exposure are not offenses that can be applied under this parole.

Levels of Sex Offenders in Massachusetts
Level 1: The Sex Offender Registry Board finds that the chance of the offender committing another sexual offense is low, as is his or her degree of dangerousness to the public.

Level 2: The Board considers this offender's risk of reoffense and dangerousness to be moderate.

Level 3: The sexual reoffender is considered at “high risk” for reoffending and his or her degree of dangerousness to the public is determined to be substantial.

Fields was on Massachusetts’s 2006 10 Most Wanted Sex Offender list because he did not register as a sex offender.

Level 3 sex offender: “I am not a pedophile",Enterprise News, January 29, 2009

Levels of Sex Offenders, Mass.gov

Related Web Resource:
WANTED: High Risk Sex Offenders, Mass.gov

Continue reading "Convicted Massachusetts Rapist Claims He Isn’t A Pedophile" »

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Suffolk County District Attorney Daniel F. Conley has decided not to press charges against Boston Police officers in the case of David W., the 22-year-old Emmanuel College student (hereinafter, the “Deceased” who died after being arrested in June during Boston Celtics championship celebrations.

"As a result of a thorough, objective, and independent review of the facts, I have concluded that no criminal charges are warranted," Conley said in a statement he delivered at an afternoon news conference yesterday. "The facts are clear and the medical evidence overwhelming that [the Deceased’s] death was the result of natural causes – specifically a serious, preexisting heart condition."

The Deceased stopped breathing and his heart stopped beating while in police custody. He was taken to the hospital, but died 11 days after his June 18 arrest.

Conley, who reported his findings in a letter to Police Commissioner Edward Davis, said officers had struggled to subdue the Deceased, but the evidence was clear that officers did not use excessive force in arresting him.

Last month, the state medical examiner signed the Decedent's death certificate, indicating his death was the result of a congenital heart defect.

Continue reading "Boston District Attorney Decides Not To Press Charges For Detainie’s Death" »

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This time it was not a post office or in the city of Boston. It was a Cambridge supply company where two employees did not get along. Clyde H. 65, of Brookline (hereinafter, the “Defendant”) is now accused ending the feud by killing his adversary, Marurice R, 33, (hereinafter, the “Victim”). At arraignment today, somebody ought to tell his attorney not to argue with his new client, just in case he is not one of our daily readers.

It was the first homicide in Cambridge in more than a year.

The shooting took place yesterday morning at the Baystate Pool Supplies complex on Smith Street. Co-workers watched in horror as the Defendant allegedly gunned down the Victim at the complex. chasing him outside to finish him off, authorities said. While the reason for the dispute remains unknown, police say that the two had been arguing for months.

“There was an ongoing dispute between the two employees,” said Middlesex District Attorney Gerard Leone at a press conference at the Cambridge Police Department. “The dispute unfortunately resulted in this tragic death.”

The Defendant allegedly used a handgun to blast the Victim once inside the building, then chased him outside and shot him multiple times, including at least once in the head and torso, authorities said.

Continue reading "Yesterday’s Boston-Area Shooter Found And Set To Meet Lawyer And Judge Today" »

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Today’s daily blog is actually a follow-up to yesterday’s blog, entitled, “Homicides, Assaults, Rape And Carnage In Shooting Spree One Hour South Of Boston “. Yesterday, I told you about the events which were reported in the streets of Brockton earlier in the week, made a few brief predictions and expressed sympathy for the accused’s attorney in any attempt to argue for his client’s release.

Of course, in this case, it did not take a legal expert of 25 years to predict that the gentelman was not likely to be going home any time soon.

Briefly, 22-year-old Kieth L (hereinafter, the Defendant”), is alleged to have gone on a rampage which included raping and shooting one woman, killing her sister, killing a local homeless man, leading the police on a chase, shooting at the police and then ending the chase by crashing into some cars.

He was arraigned at Brockton District Court yesterday, during which additional facts came to light. One of these items is the statement of the Defendant as to his motivations. It sort of reads like an odd type of "self-defense" argument which is unlikely to be successful in court.

According to the Commonwealth, the Defendant had told the police that he had hatched “an evil plan of mass murder and rape targeting victims he identified as non-white.” During the police interview, the Defendant allegedly said that he was fighting for a dying race” and that he was “fighting extinction,” according to a police report filed in court. He is also said to have admitted having stockpiled 200 rounds of ammunition to kill blacks, Hispanics and Jews.

The 18-page report by Brockton and state police described the Defendant as an obese, white man who lived with his mother and frequently surfed through racial propaganda on the Internet. " [The Defendant] told us that people on these sites spoke the truth about the demise of the white race," investigators wrote.

According to the chilling police report, the Defendant intended to end his bloody rampage at 6:30 p.m. at a synagogue near his Pleasant Street home, where Jewish people would be gathering for a bingo night. Then, he allegedly told police, he planned to shoot himself in the head.

Continue reading "Defense Lawyer Plans “Vigorous Defense” In Murder, Rape, Assault And Hatred Case Just Outside Of Boston" »

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Kieth L, 22, (hereinafter, the “Defendant”), described by the Boston Herald as a “mama’s boy” is in big trouble today. He is scheduled to stand before a judge in Brockton Court. At this very moment, his attorney is wondering what he can say to get his client out on bail.

He may as well not even try. His client is not going anywhere.

The Defendant is charged with the most serious of charges, stemming out of an extremely violent scene in Brockton yesterday. He is alleged to have been raping a handcuffed Cape Verdean woman when the woman’s sister walked in. He is said to have shot the “intruder” to death and shooting the rape victim several times as she ran for help.

An elderly homeless man who may have witnessed the carnage in the middle of Clinton Street was also gunned down,, while two hero Brockton cops who captured the rampaging gunman cheated death by inches

A neighbor who lives across the street from the sisters said the surviving sibling still had handcuffs dangling from one wrist when he ran outside to assist them after hearing gunshots.
“I looked outside and saw one of the girls running, blood all over her,” he said. “I grabbed her and sat her down and told her to hang on while I ran to her sister, who I could see a distance away. But I could see her sister was already dead.”

Continue reading "Homicides, Assaults, Rape And Carnage In Shooting Spree One Hour South Of Boston " »

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An appeals court has issued a stay on proceedings to determine whether to dismiss Academy Award-winning film director Roman Polanski’s bid to have a 31-year-old sex with a minor case dismissed. The 75-year-old filmmaker’s criminal defense team claims there is new, uncontested evidence of prosecutorial and judicial misconduct that deprived the 75-year-old filmmaker of his statutory and constitutional rights.

The exiled movie directed pleaded guilty in 1978 to one count of unlawful sexual intercourse with a 13-year-old female at the house of Academy Award winning movie star Jack Nicholson. Polanski was sentenced to 3-months at a psychiatric center. After about a month and a half at the facility, he was released. When it appeared that he would receive additional sentencing, Polanski left the United States and hasn’t returned since.

The movie director is now seeking to have the case dismissed after a 2008 documentary, “Roman Polanski: Wanted and Desired,” brought some of these new allegations against the judge and prosecutors to light. Now, the director's criminal defense team wants the child rape case moved out of Los Angeles.

Polanski’s then-teenaged victim, Samantha Geimer, is now 45. She has asked that the case against the director be dismissed. She says she doesn’t want to be further traumatized by having the details of the child rape case repeatedly rehashed. She also believes prosecutors are trying to take the focus away from their alleged wrongdoings in the case. Although prosecutors want Polanski to return to the US to be present for the proceedings, there is a warrant for his arrest if he does appear in court.

Polanski wins a stay on hearing in child-sex case, Los Angeles Times, January 21, 2009

Rape victim urges prosecutor drop charges against Polanski, AFP, January 13, 2009

Related Web Resources:

Roman Polanski: Wanted and Desired, HBO.com

Roman Polanski Media Reports Archive, The Zero.com

Continue reading "Appeals Court Delays Director Roman Polanski’s Hearing on Whether to Dismiss 1978 Child Rape Case Against Him" »

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It was not downtown Boston, but downtown Northampton that hosted a concert featuring a jam band known as the Disco Biscuits, resulting in fourteen arrests. The somewhat unusual scene apparently led suspects laughing all the way to meeting their attorneys at Northhampton District Court where they were advised of their charges.

The nature of the charges? Drugs and juvenile in possession of alcohol.

But there was a twist in this one.

Perhaps inspired by the noteworthy performance of the late Heath Ledger as The Joker in 2008’s blockbuster film “The Dark Knight”, some of those arrested were in possession of tanks containing nitrous oxide.

You may have heard of it as “laughing gas”.

Police found that the suspects had set up metal cylinders of nitrous oxide in various locations, including one police discovered in alley off King Street right next to the theater. They were selling balloons filled with the gas for $5 apiece, Police Capt. Kenneth A. Patenaude said.

About a half-hour later, a crowd of 40 to 50 youths led police to discover another tank set up in the alley next to Florence Savings Bank on Pleasant Street. Yet another of the tanks was confiscated Saturday night from a room at the Quality Inn after a disturbance was reported there, according to Patenaude.

Continue reading "Unusual Drug Bust Outside Of Boston No Laughing Matter" »

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When I returned to Boston as a defense attorney from New York, where I had been on the other side of the aisle, I discovered a few differences between daily in Beantown and the Apple. One of these was the subway experience. While in New York, the experience could be compared to an excursion through the land of “Wearehostileville”, The “T” was much more calm…much more safe.

Well, that may be changing a bit. For example, this past Friday, a Beverly man was arrested after he allegedly groped a plainclothes Massachusetts Bay Transportation Authority Transit Police detective on a train. As www.universalhub.com/mbta, a site dedicated to The MBTA, puts it, “a plainclothes transit detective put the pinch on a Beverly man after he allegedly put the moves on her on the Blue Line this morning, the MBTA says.”

Jeffrey N., 51, (hereinafter, the “Defendant”), was charged with indecent assault and battery for the rush-hour incident in East Boston around 8:45 a.m. by the transit police's Anti-Groping Unit at State Street Station. He is scheduled to be arraigned today in Boston Municipal Court, according to MBTA officials

According to T spokesman Joe Pesaturo, the Transit Police Anti-Groping Unit had been monitoring the Blue Line after a passenger complained about groping. Following the highly-publicized April 2008 launch of an anti-sexual harassment campaign, reported incidents of people being indecently assaulted rose from 44 in 2007 to 69 last year, according to the MBTA.

Continue reading "Boston Arrest For Sexual Assault On “T” Train" »

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It began in early January, 2008, when three Boston men were brought to court, introduced to defense lawyers and advised of charges against them. The charges included shooting at a Brockton police officer during a chase from Brockton into Quincy.

As is usually the case, the police had won the chase and Salomao T. (hereinafter, “Defendant 1”), Faustino R. (hereinafter, “Defendant 2”) and Antonio D. (hereinafter, “Defendant 3”) were arrested.

They faced charges including possession of a weapon, assault and the like for the high speed chase and shooting.

The law enforcement community was so happy, the following was posted on January 6, 2008, about the incident at www.masscops.com:

Re: Police Chase out of Brockton, Shots Fired
________________________________________
The short version is the BPD were chasing shooting suspects in a car that fled all the way to Quincy. The bad guys are believed to have shot a few times at the cops as they were being chased. A BPD officer returned fire through his windshield (passenger officer of 2 man cruiser). A couple of cruisers crashed and so did the bad guys. 3 suspects in custody with a gun recovered.

Great Job by all involved!!!!!!!

Well, now a year later, the police are not so thrilled. Neither is the prosecutor. Who are they upset with?

Why, the judge, of course.

Continue reading "Boston Shooting Defendants’ Attorneys Are Successful At Getting Lower Sentences And The Fury Of The Police Department" »

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