Boston Criminal Lawyer Blog

The Boston Criminal Lawyer Blog has been discussing the plight of witnesses in the Massachusetts criminal justice system. When we left off, the question came up about why, after simply being a witness, you may have to wait a long time and spend thousands of dollars before the "truth" came out.

The reason is that if you are not forthcoming as a witness the way the government wants you to...even if it involves matters in which you have no responsibility (unlike the cases of child sexual assault), you could end up a criminal defendant in need of experienced legal counsel.

We have discussed many times the overly-general definition of the Massachusetts crime of Intimidating a Witness. It includes lying to a police officer in the course of an investigation.

Clearly, the definition of "intimidation" differs here from one's ordinary experience and so many people are not only unaware of it, but would never suspect it to exist. yet, it is not only a crime, it is a felony.

"But, Sam, why should someone be able to lie to the police?"

Well, let's not "should" all over ourselves here for a minute and look at the facts. The fact is that police officers, during the course of a criminal investigation are not only allowed to lie to whomever they question...it is often encouraged and referred to as "good police work". Officers are trained in this area. Typical citizens are not.

Continue reading "ATTORNEY SAM'S TAKE ON MASSACHUSETTS INVOLUNTARY GOVERNMENT TESTIMONY (PART TWO)" »

When what promises to be a Boston arrest warrant matter filled case like this one hits the news, you may remember my oft-times repeated warning this Boston criminal lawyer gives his readers.

I always warn you that if you are approached or flagged down by law enforcement, it is best to neither attempt to out-talk, out-fight or out-run; you will not win.

Well, you may want to quarrel with me on this after this story.

You see, yesterday, Randolph and State Police had occasion to chase three suspected thieves into Dorchester and downtown Boston. However, they came up empty, even with the help of a police dog.

The action began when a resident of an apartment complex looked out at 5 a.m. and allegedly saw someone breaking into their black Honda Civic. And so a call was made to the police.

The officers apparently arrived as the Civic was driven off with two men wearing hooded sweatshirts inside the vehicle. The police say that the suspects also had an accomplice driving a Dodge Caravan with them for assistance. “Assistance” here basically amounted to speeding away, along with the Civic, when Randolph police arrived.

The chase was on.

The chase continued to Interstate 93 northbound, where State Police joined the pursuit, authorities said. The Civic then drove off onto Morrissey Boulevard. There, the Civic crashed near Dunkin’ Donuts. The driver of the Civic drove on the Southeast Expressway until the Freeport Street exit and then drove onto Morrissey Boulevard.

The two men inside ran off…and got away.

Meanwhile, the driver of the Caravan managed to elude pursuers once he reached the Central Artery tunnel.

Three – zero. Bad day for law enforcement.

Continue reading "RANDOLPH AUTO THEFT CASE SPREADS TO BOSTON AS THREE SUSPECTS ESCAPE" »

Early last Wednesday morning was a busy time for the Boston Police Department. As a result, three gentlemen from Dorchester, Roxbury and West Roxbury now face various criminal charges in connection with various Massachusetts felonies.

It was last Wednesday morning, prior to 1:00 a.m. An officer says he heard shots fired and then the screeching of tires and acceleration of an engine in Boston’s Selden Street area . He then observed a black 2002 Nissan Maxima speeding by. The officer reports that he tried to stop the car, which accelerated to 60 miles per hour in a residential area. The chase continued and the Nissan is said to have accelerated to over 80 mph during the chase.

Lawrence Perryman, 20, of Dorchester, was behind the wheel of the Nissan. A witness told police that while on Crowell Street, two individuals had been shot at by a black male in a black vehicle, police said. A gunshot victim admitted himself to Carney Hospital with a non-life-threatening injury around the time the officer began pursuing Perryman in the black Nissan.

Perryman was held at gunpoint until he was arrested. Police found that Perryman’s driver window was open, and subsequently found a silver revolver with a black handle in front of 630 Gallivan Blvd., police said. The weapon had damage consistent with being slid across the pavement.

Around the same time, officers were flagged down by someone who reported being kidnapped and robbed by two armed suspects, the statement said. According to the statement, the complainants were allegedly walking down Blue Hill Avenue when they were approached by the suspects in a “white school van.” The suspects are said to have produced a gun and forced the victim into the van at knifepoint, police said.

The victim was driven to the area of Burrell Street, robbed of an undisclosed amount of cash, and then let go, according to the statement.

Officers located the van on Stoughton Street based on its description, and it was soon brought to a stop. The suspects were identified and arrested, police said.

Mr. Perryman was charged with assault with intent to murder, possession of a firearm, violations of the firearm laws, and motor vehicle crimes, according to a statement from the Boston Police Department for the morning’s festivities.

The other two gents, Kevin Ford, 38, of West Roxbury, and Joseph Hofges, 36, of Roxbury, were awarded with multiple charges, including armed robbery and kidnapping, in the second incident.

Attorney Sam’s Take On Massachusetts Guns And Violent Crimes

None of the various alleged criminal acts mentioned in today’s Boston Criminal Lawyer Blog are particularly slight indiscretions. Most of them are Massachusetts violent felonies. However, adding a deadly weapon, particularly a gun, into the mix makes the matters more serious immediately.

Continue reading "BOSTON POLICE ARREST THREE IN MORNING OF KIDNAPPING, ASSAULT AND GUN CRIMES" »

It seems to this Boston criminal lawyer that MA white collar criminal prosecutions seem to have become the “in” thing over the past couple of years. The most recent setting Boston’s federal court and the headline-grabbing sentencing arguments involved in the sentencing of Former House Speaker Sal DiMasi.

Yesterday, it was announced that another ex-public servant is looking down the barrel of the criminal justice system. This time, it is state court. To be specific, a Suffolk County grand jury has indicted former probation commissioner John O’Brien (hereinafter, the “Defendant”) on charges that he traded political donations to former state treasurer Timothy P. Cahill in exchange for a job for his Mrs. O’Brien.

The grand jury also indicted the Defendant’s chief of staff at the time, Scott Campbell, who handled personnel matters for Cahill. This would indicate that the Boston white collar crime is also being prosecuted as a Boston criminal conspiracy case.

By the way, Cahill was apparently not indicted.

The indictments were handed down in June and unsealed today, according to one source. The two men are expected to be arraigned next week.

The investigation was handled by Attorney General Martha Coakley. However, an independent counsel had been called in to investigate the charges of political patronage in the Probation Department this past November. This was apparently in response to the Boston Globe Spotlight Team series releasing a report portraying the agency as rife with patronage. The special counsel, Paul F. Ware Jr., launched his probe and, since, federal and state officials continued the investigation into allegations of rigged hiring, illegal campaign contributions, and other abuses. This would include alleged orchestration of donations by the Defendant in order to boot job prospects for his wife and, perhaps, his daughter.

If the Commonwealth’s allegations are true, Boston Probation’s part in criminal justice became a game the whole family could play!

Until now, there have been resignations, but not criminal prosecutions in connection to what might become known as “Probation-Gate”.

Today, it was Ware’s moment to shine in the limelight. He declared, “The return of the indictment today against former Commissioner O’Brien and the chief of staff of the state treasurer’s office is to be expected. To me, it is confirmation of the facts found during the course of my investigation... State jobs should not be a dividend for the connected nor for existing state employees in responsible positions. This charge strikes another blow to corruption in state government,”

Attorney Sam’s Take On Federal Investigations And Prosecutions

“Hey, Sam, how do the prosecutors decide who they will and who they will not indict?”

Continue reading "Former Probation Commissioner Is Prosecuted For MA White Collar Crimes In Boston" »

Well, the state court certainly wants your attention this week, doesn’t it?

Yesterday, the Boston Criminal Lawyer Blog discussed your receiving a summons to go to court for an arraignment. Today, it is not so bad…but it is certainly cause for concern. You have received a summons requiring you to appear before a Grand Jury.

We have discussed Grand Juries before. In order to get an indictment and move a criminal case from district court to superior court, the Commonwealth presents evidence before a room full of jurors called a “Grand Jury”. After presenting that evidence, the prosecutor asks the jurors to return a “true bill”, or an Indictment.

The Grand Jury then votes to either return the Indictment as requested or not to do so.

Are you wondering what the chances are that the prosecutor will get his or her request?

Attorney Sam’s Take On Massachusetts Grand Jury Summonses

There is an old addage that answers that query. It is that a prosecutor could indict a ham sandwhich if he tried. In other words, at least in Massachusetts, it is rare that a Grand Jury does not does not return the charges requested by the prosecutor.

Continue reading "I Have Received A Summons To Appear Before A Massachusetts Grand Jury – What Is THAT?" »

Sometimes, as we look across the globe (the round one, not the newspaper), we are appalled at the hatred and inhumanity that we see.

Why, just look at the recent matter in Norway. Anders Behring Breivik is grabbing his 15 minutes of fame (or infamy) by his various statements after his horrendous twin attacks of hatred in Oslo. The death toll? Many. The reason? Racial hatred.

Now, the authorities are trying to get a handle on whether or not he acted alone. He seems to keep changing his mind.

Breivik is charged under criminal law with “acts of terrorism,’’ including an attempt to “disturb or destroy the functions of society, such as the government’’ and to spread “serious fear’’ among the population.

His explanation is that he “believes that he needed to carry out these acts to save Norway’’ and Western Europe from “cultural Marxism and Muslim domination.’’ He had wanted his case to be held in an open proceeding. Most believe that this was so that he could further publicize his anti-immigrant, anti-Muslim ideas.

In the words of Rodney King, we think, “Can’t we all get along?” Then we think...why can’t the rest of the world be more civilized...like us?

And then...we are forced to remember that racism and hatred are still alive and well and living here. Not so long ago, a man was convicted for his attacks which included burning down a church because the congregation was comprised of African-Americans. We often hear about attacks on graveyards because the graves are filled with Jews.

Today, the Globe (the paper, not the round one) tells us about Jeffrey Smith (hereinafter, the “Defendant”), a 46-year=old Massachusetts man who has pleaded guilty to sending letters threatening to burn black churches and NAACP offices in three states. Specifically, the targeted seven predominantly black churches and four NAACP offices were in Cambridge, Roxbury and Medford in Massachusetts; Providence, R.I.; and Charlotte, N.C.

And what was the reason for these threats of arson?

Well, it seems that the Defendant does not like the fact that African-Americans are currently leaders in our Commonwealth and in our country. His letters apparently indicated that he didn't like African-Americans or minorities as his office supervisors "nor I like them as President of the United States."

Bad timing, I suppose. Better it should be a couple hundred years ago when they were slaves who’s families we could tear apart at will at auction.

The Defendant was sentenced to 15 months in prison...which was basically “time served” because he had been incarcerated while awaiting trial. After sentencing, the Defendant was released to the custody of the Department of Mental Health .

Attorney Sam’s Take On Hate Crimes

Let us be clear on the law here.

While Americans allegedly have the right to “free speech”, there are limits. There have to be in order to have any kind of organized society.

Even an experienced criminal defense attorney has to admit that.

Continue reading "Massachusetts Man Threatens Arson And Is Sentenced In Hate Crime " »

The scene is Suffolk Superior Court in Boston, Massachusetts. It is a Boston murder trial.

Shawn “Shanks” Daughtry of Roxbury is the 32-year-old gentleman hereinafter referred to as the “Defendant”. He is accused of shooting two people on September 20, 2007. One of them died. The other was the deceased’s mother.

Today, said mother, Sandra Duncan, is on the witness stand, weeping. She tells the jury of her 29-year-old son’s final words to her as he lay dying on the front porch of their home.

“He said, ‘Ma, who did this to me?’ ” she tells the jury. “He said it three times.”

This is not the first jury before whom she has testified. This is a re-trial. The Defendant is being re-tried for the first-degree murder of Urel Duncan. In the first trial, last May, the jury was deadlocked; it could not unanimously find the Defendant guilty or not guilty.

According to the Commonwealth, the Roxbury shooting was motivated by a feud with people associated with the Academy Homes housing development. In fact, the shooting took place outside the Duncan home in the development.

As it turns out, however, neither Urel nor his mother were involved with gangs. She says that she was in her bedroom when she heard what sounded like firecrackers.

“I saw my daughter crawling on her knees and saying, ‘Ma, (Urel) got shot,’ ” she said. “I see Urel lying back on the steps ... blood coming out of his head.”

Urel died the next day.

Continue reading "Roxbury Man Faces Jury Again In Boston Murder Trial" »

Not many cases are as tragic, from any perspective, as the drama being played out in Concord today. I am referring to Julianne McCrery, 42, who will soon need an experienced homicide attorney in New Hampshire. She was arrested in Chelmsford, is held as a fugitive and is hereinafter referred to as the “Defendant”.

On the periphery, there are the typical cast of characters. There are the various family members and friends who describe the Defendant as “troubled” and swear that she would never hurt her child. There are the casual observers who saw her at what is assumed to be the time of her son’s death who describe her as “not a nice person”, disheveled and quiet based on barely any interaction at all, yet apparently worth mentioning in news accounts.

And, in the heart of it is a dead child. The boy who was found dead days ago, left unidentified. The 6-year-old boy for whom authorities searched until they found a name…and a mother. A mother who has apparently confessed to killing him.

The chief medical examiner of Maine has determined the cause of death to be asphyxiation, although the final determination is pending further study.

The suspected cause of the asphyxiation? Too much cough syrup.

Indeed, a close friend describes that the boy had had a bad cough.

Continue reading "Mother Of Deceased 6-Year-Old Son Is Arrested On Warrant In Chelmsford, MA, And Will Face Murder Charges (Part One of Two)" »

Sometimes, the themes portrayed in graphic novels (the new name for comic books which sounds so much more impressive) very closely resemble those we see in daily life. Take, for example, the saga of the “Amazing Spider-man”. For those of you ignorant of his story, he was created years ago by Marvel Comics as the first “anti-hero”. While he donned a colorful costume and fought crime with his unique...talents..., he was considered a vigilante and criminal by many people. He was, and is, the misunderstood hero. As I tell most people that my clients are not guilty, merely misunderstood, I suppose I identify with Spidey.

We learn today that another misunderstood entity which is often ridiculed, insulted and feared is the “Brutal Winter Snowstorm”. According to the experts, while we were all complaining about its activities, it was actually fighting Massachusetts crime. In fact, according to law enforcement and other specialists, it did better than merely fight crime... it prevented crime.

Apparently, the total number of major crimes, such as Massachusetts murder, rape, and assault, fell 22 percent this year through March 13, compared with the same period last year. While Boston shootings (nonfatal) are down slightly, the need for burglary attorneys and other Massachusetts theft-related criminal attorneys, have dropped significantly.

“I think these statistics have something to do with the bad weather,’’ said Jack Levin, professor of sociology and criminology at Northeastern University. “To commit a stranger rape, or robbery or even burglary or vehicle theft, all are going to require, for the most part, going outside. Even criminals get cold.’’

Continue reading "Massachusetts Violent Crimes Are Down…Who Is Responsible?" »

This week is a big one for Danvers’s own Nathaniel Hudon, the 31 year-old- man who is now referred to as “the Defendant”. He began the week in custody and remains there awaiting a “Dangerousness Hearing” scheduled for tomorrow. Reports have it that he was under the influence of cocaine and alcohol and may have believed he was going to heaven to meet God, when he abducted his ex-girlfriend early Saturday. He is then said to have led police on a 20-mile chase on the Massachusetts Turnpike.

It is unknown as to whether the chase was due to his rush for the Devine appointment.

In any event, the Defendant has been held without bail and is facing several charges, including kidnapping and assault and battery.

The alleged victim in these charges is Pamela Bello, 42, also of Danvers. She is said to be the Defendant’s ex-girlfriend, and so is hereafter referred to as “the Ex”.

The Ex told police that the Defendant had been drinking and using cocaine for two days, when he called her outside of her residence around 4:45a.m. When the Defendant asked her to accompany him in his truck she says she refused, but he forced her into the vehicle anyway, where all the inside door handles were broken off. He then took off, with her in the vehicle and drugs and alcohol allegedly dancing through his system.

The Ex says she tried to call 911, but the Defendant threw her phone out of the window and continued driving. He is said to have then replaced the cell phone with a white metal crucifix in her hand, telling her to hold onto it.

Continue reading "Danvers Man Faces Dangerousness Hearing For Drug, OUI, Assault And Kidnapping Charges In Domestic Violence Case – Attorney Sam’s Take" »

In Massachusetts, anything can be considered a dangerous weapon if it is used to commit assault and battery or homicide. We have discussed this many times. There are things, however, that should be clear to anyone to be a potential weapon. This would include an automobile and a gun. In the north-central part of the state, the town of Asby, these two weapons came confronted each other.

The gun won.

The gun was fired by a plainclothes State Police trooper( whose name has not been released and hereinafter, “Mystery Trooper”). Mystery Trooper shot and killed a man who was allegedly driving a motor vehicle in his direction...placing Mystery Trooper in fear, according to the authorities.

Mystery Trooper had been conducting a drug surveillance in the area, when he noticed activity he deemed “suspicious” from a silver Nissan Maxima inside of which was a lone lone male occupant.

Mystery Trooper tried to pull the car over, but the driver tried to drive away. Mystery Trooper followed until they reached a cul-de-sac. Mystery Trooper got out of his plainclothes vehicle and decided to stand in front of the vehicle, ordering the driver to get out of the car.

Continue reading "North Central MA Is Scene Of Police Shooting Death In Drug Investigation – Attorney Sam’s Take" »

Sting operations in Massachusetts are not uncommon. They are employed by law enforcement to investigate various types of crimes from drug dealing to prostitution.

Oh yes. And guns.

Robert C. Kenney, 56, Christopher P. Littlejohn, 30, and Ramone Arakelow, 34, all from Beverly, (collectively, the “Defendants”) have now learned this lesson. They were arrested last week in such an operation. They allegedly thought they were planning a home invasion in Malden with “legitimate” co-conspirators.

The victim-to-be was a drug dealer.

The victim-to-be was not a legal citizen.

The victim- to be…did not exist.

The would-be victim was simply part of a fictitious scenario created by authorities who had been investigating the Defendants. What the various law enforcement agencies (FBI, State Police and various local police departments) were really after was weapons. One of the Defendants is suspected of selling seven illegal firearms in the Boston and North Shore areas, State Police said. The other two are suspected associates.

Continue reading "Malden Armed Robbery Sting Operation Yields Three Arrests – Attorney Sam’s Take" »

The Boston Housing Authority has had to close a nine-unit building for repairs, displacing nine families after three men allegedly set fire to a unit at the Bunker Hill housing development this week. The police say that the intended victims escaped through a window. Boston firefighters extinguished the two-alarm fire, but also had to rescue second-floor residents who were trapped by heavy smoke and fire.

Thankfully, no serious injuries were reported. According to the BHA, the families have been at hotels while the new apartments for them are sought. In the meantime, the families are being aided by the Red Cross.

James Burrell and Dashaun Lanair James, both 32 and of Charlestown, and Daniel Grayson, 28, of Roxbury, (hereinafter, collectively, the “Defendants”) have been charged with the blaze and have pleaded not guilty to arson of a dwelling and other related charges.

Bail was set at $150,000 for Burrell, $85,000 for James, and $50,000 for Grayson.

The Commonwealth believes that the arson was committed in connection with a drug debt. According to police, Burrell had been arguing with a man over said drug debt. Then, police say, the Defendants were standing in a hallway of the building shortly after midnight when a flammable liquid was poured under a unit’s door. Burrell is said to have ignited the liquid and then the Defendants all allegedly ran into a neighboring apartment building on Decatur Street.

Continue reading "Boston Area Men Are Arrested For Drug-Related Arson-Attorney Sam’s Take " »

It may take awhile for felony prosecutions to come, but, usually, when the police painstakingly take their time in their investigation, suspects emerge. This is being played out in Boston’s Suffolk Superior Court. Kimani Washington, 35 (hereinafter the “Defendant”), has been arrested in connection with the quadruple homicide in Mattapan in September. He was charged with various charges, including armed robbery, armed carjacking, trafficking cocaine, and being an armed career criminal.

He has pleaded “Not Guilty” and was ordered held on $500,000 cash bail after arraignment in Suffolk Superior Court.

Interestingly, the Defendant was not charged in the actual murders, although the prosecutors allege that he was a mastermind behind the armed home invasion that precipitated the deadly shootings.

Apparently, during the investigation into the murders, police found over 28 grams of crack cocaine allegedly taken during the robbery, as well as two guns. They say that these were found in a location where the Defendant often stayed. The Commonwealth also claims that one of these firearms were fired during the multiple homicide.

The Defendant is not the only one charged in the case. Another man has been actually charged with the murders and are expected in Suffolk Superior Court shortly. Further, another gentleman was arraigned previously arraigned on murder charges and held without bail.

Continue reading "Mattapan Suspect Arraigned In Boston Superior Court For Home Invasion And Drugs But Not Murder- Attorney Sam’s Take " »

Just last week, we discussed the case of kids threatening to commit mass murder online. I mentioned that this was not the climate for it. This was illustrated horribly this past weekend in Tucson, Arizona. The end result of the event is that Federal prosecutors have brought charges against the alleged gunman accused of attempting to assassinate Representative. Gabrielle Giffords and, in the process, killing six people, ages ranging from a 9-year-old-child to an elderly woman.

Jared Lee Loughner, 22, (hereinafter, the “Defendant”) is the man accused of the shootings. He is said to have also fired at Giffords' district director and others s standing in line to talk to the congresswoman,

"He was not more than three or four feet from the congresswoman and the district director," said Mark Kimble, a communications staffer for Giffords. He went on to describe the scene as "just complete chaos, people screaming, crying."

It is believed that the Defendant acted alone. Investigators said they carried out a search warrant at the Defendant’s home and seized an envelope from a safe with messages such as "I planned ahead," "My assassination" and the name "Giffords" next to what appears to be the Defendant's signature.

Continue reading "Boston Watches As Shootings In Arizona Leave Six Dead, Representative Gabrielle Giffords clinging to life And Questions About Violent Speech-Attorney Sam’s Take" »

We live in a “when the going gets tough, the tough get blaming” society today. We continue to fall into the same behavior in the face of tragedy. Then we wonder why we have the same problems. A police officer has been murdered during a robbery t. The shooter, Dominic Cinelli, who was freed on parole in 2009 and who killed Officer John B. Maguire on December 26, 2010, had an extremely bad criminal history, yet he convinced a parole board that he was a good candidate for release.

Yesterday, as the parole board returned to work, I was interviewed on WBZ, part of which interview can be found here.

The political debate has gotten so trident that Governor Deval Patrick, simply making the statement that this is a time in which we should focus on the victims of what happened, aka the officer’s family, has raised people's ire. He also had the temerity to suggest he should gather all the information before he passes judgment.

Such outlandish suggestions brought widespread anger from police chiefs and victims’ advocates. When we get a heaping helping of angry voices, we naturally get a side order of political posturing to go along with it. For example, House Speaker Robert A. DeLeo not only expressed outrage at the board’s decision but vowed to make it a “major focus’’ of legislative action in the new session.

Legislation has been suggested which would remove the possibility of parole for certain repeat offenders, and require judges to impose the maximum possible punishment for anyone convicted of their third felony in Superior Court.

And, of course, why not make it a “Republican vs. Democrat” issue why we are at it? A group of GOP lawmakers claim that the bill has been stuck in the Democrat-controlled Judiciary Committee since March, and that versions of it have been circulating without action for nearly a decade on Beacon Hill.

Continue reading "Massachusetts Murder Of Police Officer Continues To Provoke Attacks On Parole System- Attorney Sam’s Take " »

20-year-old Darryene Ware, a Brockton resident, was arraigned on Thursday for Massachusetts murder. He is accused of fatally shooting 16-year-old Chantel Matiyosus as she was leaving a baby shower in 2008. According to police. Ware and a number of other people who call themselves “D Block” started shooting at the partygoers.

He was reportedly at odds with one of the shower attendees. Prosecutors say that Ware was aiming at Matiyosus’s boyfriend and that, according to a witness, prior to the shooting Ware organized a meeting to plan the assault. Matiyosus, who sustained bullet wounds to the abdomen and head, was pronounced dead at Brockton hospital. Another victim, a male, sustained a leg injury, while another female, age 14, was shot in the wrist.

Ware has been ordered held without bail. He has prior convictions for witness intimidation and assault and battery with a dangerous weapon.

It was just on New Year’s Day 2008 that Ware’s brother, 19-year-old Markeen Starks, was fatally stabbed. Emmanuel Okoro, then 15, has been convicted of Starks’ Massachusetts second-degree murder. Witnesses say the two males got into a disagreement outside a family party and that is when Starks sustained fatal stab wounds to the neck, chest, shoulders, and face. Okoro will be eligible for parole in 15 years.

Mother of murder victim Chantel Matiyosus says suspect ‘let hate overcome everything’, Patriot Ledger, December 31, 2010

Brockton teen convicted of slaying, Boston Herald, December 30, 2010

Brockton teen shot to death, Wicked Local, April 27, 2010

Related Web Resources:
Massachusetts General Laws

Murder, Justia

Continue reading "Brockton Man Charged with 2008 Massachusetts Murder of Teenager at Baby Shower " »

This is one of those stories from this year which would probably never happen in Boston. First of all, in Massachusetts, Murder in the First Degree carries a mandatory life sentence without parole. It leaves very little to work with when one is trying to make promises to suspects to “just tell the truth” and “I can get you out of here”.

At least, that is the way one would imagine it would work. The truth is that when police officers investigate a murder, they have usually already determined who they “like” for the charge. So, when they question their target, as we have discussed in the past, it is really merely an invitation to make statements that are inconsistent with their case (and therefore “lies” that the prosecution can use in court later. If they are really lucky, they might gain a confession from the unwary that can be used to nail the case closed rather quickly.

It is basically a “win-win” situation...at least until an experienced criminal defense attorney is brought into the picture...assuming one ever is.

But, I digress already.

I remember being asked to appear on Court TV years ago when the disappearance of Natalee Holloway came to light. Almost immediately, Joran van der Sloot (hereinafter, the “Defendant”) was the chief suspect. However, his dad had alot of power, advised sonny to shut his mouth, and he was free because of a lack of evidence shortly thereafter.

Dad's not around now, and sonny has been talking.

Continue reading "Natalee Holloway’s Mother Visits Her Daughter's Alleged Murderer In Prison, Seeking A Confession - Attorney Sam’s Take " »

The Norfolk district attorney’s office says that Brighton resident Joseph Arita and Waltham local Ismael Martinez are serving 20 – 25 years in prison for the 2009 Brookline rape and kidnapping of a 30-year-old woman. Arita, 26, and Martinez, 27, each pleaded guilty earlier this month to one count of Massachusetts kidnapping involving a sexual assault, two counts of aggravated rape, and other assault and battery charges.

The woman, a Brookline resident, told the authorities that while walking to her home after taking a cab from Logan International Airport on Aug. 18, 2009, she was struck on the head by one man, who then pulled her into the back seat of a red pickup truck that another man was driving. The two men then drove her to a parking lot and assaulted her before taking her to another location and freeing her.

She reported the incident to Brookline police. DNA evidence matched the woman with Martinez and Arita. The Norfolk district attorney’s office had sought to obtain 35-to-40 year prison terms plus 20 years probation for the two men.

Massachusetts Criminal Defense
The state of Massachusetts treats the criminal charges of rape and kidnapping very seriously and prosecutors will zealously pursue defendants. For example, a Massachusetts aggravated rape conviction can result in a life prison term.

It is important for you to have a Boston criminal defense law firm that can protect your rights, ensure that all laws and proper procedures were followed leading up to your arrest, and explore all avenues of defense to secure the best outcome possible for your case.

Brookline rape, kidnap suspects plead guilty to 2009 attack on woman, WickedLocal, December 16, 2010

2d suspect held in Brookline rape case, Boston.com, August 23, 2009

One Of Two Suspects Arrested In Brookline Rape Case, Boston Criminal Lawyer Blog, August 20, 2009

Related Web Resources:
Norfolk district attorney’s office

General Laws, Massachusetts Legislature

Continue reading "Two Massachusetts Men Plead Guilty to 2009 Brookline Rape and Kidnapping " »

Lisa Lavoie, an ex-Holyoke elementary school teacher, has pleaded guilty to Massachusetts statutory rape and enticing a child. The 25-year-old woman is accused of running off with a 15-year-old eighth grader. Lavoie, who has been released until her sentencing next month, is not allowed to contact the teenager. Police discovered Lavoie and the teenager in a hotel room last year after the two of them had gone missing for about a week.

The boy, who was at the hearing in Hampden Superior Court on Wednesday, submitted a statement asking for leniency for Lavoie. While the prosecutor says he is seeking a 3- to 5- year prison sentence, Lavoie’s Massachusetts criminal defense lawyer wants probation. He says that his client pled guilty so that the teen wouldn’t have to testify.

Massachusetts Statutory Rape
Allegations of Massachusetts rape—especially those involving the alleged rape by a legal adult of someone under the age of 18—can be tough to combat without experienced legal help.The punishments and penalties can negatively impact a defendant for life. The statutory rape law involving child victims under the age of 16 can be punishable with a maximum sentence of life in prison.

Conviction for a Massachusetts sexual crime will cause your name to be permanently placed on the Massachusetts Sex Offender Registry Board. Regardless of the specifics of your Boston sex crimes case, having your name on this registry can negatively affect your personal and professional life.

Ex-Mass. teacher pleads guilty to statutory rape, Boston.com, December 15, 2010

Holyoke teacher Lisa Lavoie behind bars on statutory rape, other charges, MassLive, February 24, 2009

Related Web Resource:
Massachusetts Law About Sex, Massachusetts Trial Court Law Libraries

Massachusetts Sex Offender Registry Board

Continue reading "Former Teacher Pleads Guilty to Massachusetts Statutory Rape of 15-Year-Old" »