Boston Criminal Lawyer Blog

Yesterday, we discussed the mechanics of this matter. Basically, we addressed the difference between a criminal appeal and a motion for a new trial as well as why it may have made sense for the defense attorney, prosecutor and SJC to take the action that they did. I should point out, by the way, that although this is a murder case, it does not change the procedures we discussed yesterday.

The case involved the December. 13, 2005, killings of four men in a basement in the Boston area. It had been dubbed the city’s worst shooting in 10 years.

The Defendant was convicted by a jury of killing Jason Bachiller, 21; Jihad Chankhour, 22; Edwin “E.J.’’ Duncan, 21; and Christopher Vieira, 19. Prosecutors said that he shot the men because he wanted a 9mm Glock pistol Vieira legally owned. According to them, and, it would appear, the jury, the Defendant took the gun from Vieira, shot him, then turned the gun on the three others as they tried to run away.

The Defendant was convicted and sentenced to consecutive life sentences. As discussed on Monday's blog, the Commonwealth does not have a death penalty, so that is as tough as sentences get.

Continue reading "Attorney Sam Continues To Discuss Recent SJC Ruling In Murder Appeal And Criminal Investigations (Part Two)" »

The Massachusetts criminal defense team for Gary Lee Sampson is scheduled to appear in court on Monday to argue that their client should get a new trial. Sampson, who a federal judge sentenced to death in 2003 for the murder of three people, contends that his constitutional rights were violated because his trial lawyers at the time were ineffective.

Sampson’s new defense team is accusing his old one of failing to fully depict to the jury the entire extent of Sampson’s traumatic brain injuries and mental illness. They believe that the evidence might have caused the jury to recommend a less harsh sentence for Sampson. If executed, Sampson would be the first person in 63 years to be put to death for a Massachusetts crime.

Sampson fatally stabbed 69-year-old Philip McCloskey 24 times on July 24, 2001 after the latter had picked up the hitchhiker in Weymouth. Sampson also carjacked the victim's car. A few days later, Sampson fatally stabbed 19-year-old Jonathan Rizzo, a driver who picked him up in Plymouth. It would be just another three days before Sampson would strangle 58-year-old Robert Whitney.

Sampson later pleaded guilty to all three murders. A federal jury in Boston made the recommendation that he put to death and US Chief District Court Judge Mark L. Wolf ordered that Sampson be executed in New Hampshire, which has a state capital murder law. Massachusetts does not have a state death penalty.

The 1st U.S. Circuit Court of Appeals upheld Sampson’s death sentence. Later, the US Supreme Court decided not to hear his appeal. Now, prosecutors for the US Attorney’s office say that they intend to fight Sampson’s motion.

Prosecutors seek to dismiss Gary Lee Sampson’s appeal, Boston Herald, August 29, 2010

Lawyers for convicted killer in carjacking murder spree seek new trial, The Boston Globe, August 29, 2010

Related Web Resources:
Sampson Timeline, The Patriot Ledger, High Beam Research, July 24, 2002

Read the 1st Circuit Opinion for this Case, Justia

Continue reading "Sentenced to Death for Massachusetts Murder and Carjacking, Gary Lee Sampson Wants a New Trial " »

The state Supreme Judicial Court will likely issue a ruling in the next few weeks on Christopher McCowen’s appeal to have his Massachusetts murder and rape convictions in the slaying of fashion writer Christa Worthington overturned. McCowen’s criminal defense team is arguing that it was wrong to allow the a substitute pathologist to testify about findings in an autopsy that another doctor had performed and they are now citing a recent SJC ruling that overturned the murder conviction of Eric J. Durand for the fatal beating of Brendon Camara, his girlfriend’s 4-year-old son, on similar grounds.

McCowen was convicted in 2006 for Worthington’s Truro, Massachusetts rape and murder. The 46-year-old Vassar-educated writer and Truro resident was found stabbed to death in her home in January 2002. Her 2 ½ year old daughter was with her, unharmed but hugging her mom’s body and smeared in blood.

In 2005, Police charged McCowen, who was the trash collector for Worthington’s residence, with the slaying. Even though McCowen agreed to let police test his DNA soon after the murder, it would be two years before the authorities would collect his DNA and another year before it was matched to the crime.

A little over a year after McCowen’s 2006 conviction for Massachusetts murder and rape, Barnstable Superior Court Judge Gary A. Nickerson held a public hearing during which time he interviewed jury members about allegations of racial bias. McCowen is black. The allegations formed the basis for McCowen’s criminal defense lawyer's request for a new trial, but the judge would go on to turn down the motion. McCowen’s Massachusetts criminal defense attorneys have challenged this ruling.

Cape and Islands prosecutor Julia K. Holler, who represented the state in McCowen’s appeal, says that while it was wrong for a pathologist other than the one that conducted the autopsy to testify in McCowen’s criminal case, because McCowen’s criminal defense lawyer did not object to a criminal trial the state’s highest court has to limit its review to whether the testimony created a “substantial likelihood of a miscarriage of justice." This is a higher legal standard than what was applied to Durand’s appeal and one which Holler claims that McCowen’s conviction case does not meet.

SJC ruling hovers over 2002 Cape slaying case, Boston.com, August 28, 2010

Conviction reversed in Mass. boy’s beating death, Boston Herald, August 20, 2010

SJC hears Christopher McCowen appeal, Cape Cod Online, May 7, 2010

Related Web Resources:
The General Laws of Massachusetts

Murder on the Cape: A tale of love and death, Boston.com, January 20, 2002

Continue reading "SJC Ruling Could Overturn Christopher McCowen’s Convictions for Massachusetts Rape and Murder in Slaying of Christa Worthington" »

Ok, here is the scene. You are visiting your old pal Donny Dealer in Boston. You, being a good ol’ “party animal”, brought a bit of marihuana so you guys can party.

Donny was only too happy to party with you.

Unfortunately, unbeknownst to you, there has been an investigation going on regarding Donny and a his other friends, Mickey Mule and Greg Grower. Apparently, the investigators have the crazy notion that Donny is involved in the drug trade.

And so it is that, midway through smoking your first joint, there is suddenly a lot of noise and commotion and you suddenly find yourself lying face down on the floor with police officers saying something about a search warrant.

The officers search the apartment.

Guess what?

They find a plethora of drugs, including cocaine, heroin and ecstasy. Apparently, Donny did not need you to bring your own hard-earned pot after all.

Continue reading "Attorney Sam’s Take: “Mr. Investigator, The Marihuana Is Mine, But The Cocaine, Heroin and Ecstasy aren’t. Really!”" »

Luther M. Henderson has been arraigned on charges of Brockton, Massachusetts armed kidnapping, armed robbery, and witness intimidation. The 35-year-old man is accused of robbing a female escort that he had contacted through Craiglist at gunpoint.

On July 9, Henderson allegedly offered to pay her for her sexual services. At the house where they were to meet, he allegedly held her at gunpoint, told her to take her clothes off, made her put on zip-cuffs, and stole her money, laptop, purse, and cellphone from her car.

Henderson is also under investigation in connection to another Massachusetts armed robbery crime, also involving an escort contacted through Craigslist. The woman was also told to take off her clothes before her kidnapper stole from her.

Massachusetts Kidnapping
The crime of kidnapping in Massachusetts involves the illegal and forcible imprisonment of someone against his or her will. The kidnapping can occur within the state or involve taking someone out of state. A conviction for Massachusetts kidnapping comes with a maximum 10-year prison sentence—15 years, if the victim is younger than 16. A conviction for armed kidnapping comes with a mandatory 2 ½ year sentence if the case goes through the district courts. If it goes through the superior courts, then conviction comes with a 10-year prison sentence. Kidnapping another person with the intention of extorting money comes with a maximum sentence of life in prison.

Craigslist Escorts are Robbed, Boston.com, August 14, 2010

Brockton man accused of making Craigslist escorts strip naked at gunpoint before robbing them, Patriot Ledger, August 13, 2010

Related Web Resources:
CraigsList Massachusetts

The General Laws of Massachusetts

Continue reading "Brockton Man Accused of Massachusetts Armed Robbery and Kidnapping of Escorts He Found through Craigslist" »

Hey, the weather this weekend is supposed to be really nice. Are you looking for a fun activity for a summer’s evening here in Boston? Well, might the Boston Criminal Lawyer Blog suggest an evening at the fights?

No, I am not referring to wrestling or boxing or even a movie like “The Boxer” or “Rocky XVI”. Given the popularity of reality television, it is more in that vein. Sort of like a cross between that and watching some domestic violence...without the domestic.

If you would like a sample, just tune in to YouTube, Boston.com, or any one of a variety of websites sporting a video of a recent performance in Boston’s own Chinatown.

In watching it, you will be joining with Boston’s Finest. Currently, Boston police are reviewing a video that is circulating on-line of a violent altercation in Chinatown. Interest aside, there is apparently no investigation being conducted into the melee.

The 2-minute, 33-second video shows a group of seven gentlemen who appear to be harassing drivers and assaulting cars as they pass on Tyler Street in Chinatown.

Well, everybody has to have a hobby...!

Continue reading "Attorney Sam’s Take: Excitement With Assault, Battery And Weapons On A Fine Boston Evening" »

Christina H., 23, of Acton (hereinafter, the “Defendant”), was arraigned yesterday, beside her attorney, in connection with the death of her 13-month-year-old son. She pleaded not guilty to charges that she beat him to death inside her Great Road home this past May..

She was held without bail.

Prosecutors say that the Defendant called 911 around 4:30 a.m. on May 12th, 2010, and reported that her son had fallen out of the crib and hit his head. The child was taken from the Defendant’s home and rushed to Emerson Hospital in Concord. It was there that the child was pronounced dead at 5:17 a.m.

The boy's death has since been under investigation by Acton and State police, prosecutors say. Police learned that the night before he was killed, the boy was home with his mother and two-year-old sister.

"He appeared to be happy, healthy and playful. That night he had fed himself cheerios and drank a bottle before going to sleep at 8 p.m.,'' law enforcement has indicated. However, an autopsy found the child suffered "multiple contusions, lacerations, internal bleeding and hemorrhages on the top of his head.''

Continue reading "Acton MA Mother Charged With Homicide After Investigation Into Child’s Death " »

In what her Boston criminal defense lawyer is calling the “second-most painful thing to ever happen to her,” Lakeisha Gadson is on trial for the Massachusetts involuntary manslaughter of her 8-year-old son. Liquarry Jefferson was accidentally shot by his cousin, now 10, in 2007 with a handgun owned by the victim’s half-brother, Jayquan McConnico, then 15. If convicted, Gadson faces a maximum 20-years behind bars. She also is charged with Massachusetts assault and battery on a child with substantial injury, reckless endangerment of a child, misleading police, and firearms violations.

Prosecutors are holding Gadson accountable for her younger son’s death because they say that she allowed McConnico to keep a loaded gun in a dresser that was easily accessible to children. Gadson maintains that she never gave McConnico permission to own a gun and that she didn’t know it was in their home. The teenager was also charged in his younger brother’s death and with the reckless and wanton storage of an unregistered pistol in an area that a child could reach. He pleaded guilty to the charges and will stay at a youth detention center until he turns 21.

On Wednesday, Jefferson’s cousin testified about the accidental Roxbury shooting. He said that his cousin showed him the gun, which they both thought was not loaded. The boy accidentally pulled the trigger, shooting Jefferson in the stomach. Jefferson was pronounced dead at Boston Medical Center.

Gadson, 33, has five children. She originally told police that gang members had forced their way into the apartment but later recanted her story and admitted that her nephew accidental shot her son.

Boston, Massachusetts involuntary manslaughter is a serious crime that involves the accidental killing of another person because of criminal or reckless negligence. A person charged with this crime is someone that prosecutors do not believe intentionally intended to kill the victim.

10-year-old testifies he killed his cousin by accident, Boston.com, August 3, 2010

Mom on trial in Liquarry’s death, Boston Herald, August 2, 2010

Related Web Resources:
Manslaughter, Cornell Law School

Murder v. Manslaughter, Nolo

Continue reading "Massachusetts Involuntary Manslaughter Trial of Lakeisha Gadson in Accidental Shooting of Her Son is Under Way" »

Here is something a Boston Criminal Lawyer does not see every day. The father of a tragically deceased daughter, who’s death the Commonwealth is looking use as a tool of political expediency, is showing the compassion.

You remember the word “compassion”, don’t you? It is the word I used when discussing the tragedy and the problem of bullying in the first place.

Yes, I am referring to the father of the late Phoebe Prince, who committed suicide earlier this year. The local prosecutor decided to blame the death on local bullies and take the extra step of indicting the kids. Now, with Ms. Prince dead, other potential reasons for the suicide coming to light, her father, unlike the “cool heads” of law enforcement, is said to be seeking “justice, not vengeance”.

Jeremy Prince, the father, in an interview with the online publication slate.com, said he would be willing to ask a judge for leniency if his daughter's alleged tormentors expressed their remorse in open court.

Continue reading "MA Bullying Victim’s Dad Suggests Leniency In Sentencing Of Students" »

Jaime Collazo and Christopher Colecchi have been arrested and arraigned in a Massachusetts criminal case involving a stolen car that had two sleeping children in it. The alleged car theft and kidnapping are said to have occurred early on the morning of July 12. The two Worcester men are accused of stealing a 2002 Toyota Sienna from outside a Gulf gas station while its driver was in the station.

Police were contacted and within minutes an officer found the car parked at the corner of Lafayette and Scott. The children were still in the vehicle and hadn’t been harmed.

Following a foot chase, Collazo was arrested and charged with Massachusetts kidnapping and trespassing. He is accused of forcing his way into the building where police found him.

Meantime, Colecchi, who is accused of then stealing another car, was pursued by cops on the I-290 first in cars and then on foot after he crashed the vehicle. Colecchi is charged with two counts of kidnapping, operating a vehicle as to endanger, receiving a stolen motor vehicle, leaving the scene of property damage, operating a motor vehicle with a suspended license, and possession of Class B substance. His criminal defense lawyer told the Telegram that the 36-year-old man is being overcharged. He says that whoever took the first car got out at once upon discovering that there were children inside the vehicle.

Van Stolen With Sleeping Children Inside, WCVB, July 13, 2010

Two suspects arrested for kidnapping, Telegram.com, July 12, 2010

Related Web Resource:
Crimes against the Person, General Laws of Massachusetts

Continue reading "Two Worcester Men Accused of Stealing Car Charged with Massachusetts Kidnapping" »

Gee, it seems like only yesterday that this Boston criminal defense attorney was going against the grain and calling the indictment of six kids from South Hadley a senseless exercise of political grandstanding…or words to that effect. Don’t believe that I saw what everybody else was heralding as “heroic” as folly? Check out my postings since January as well as my comments on the equally “heroic” legislation on both the blog and Fox25!

Now, a couple of developments have some people reconsidering the events.

When 15-year-old Phoebe Prince committed suicide in January, six fellow South Hadley students were blamed for relentlessly bullying her. It was an easy fix for SuperDA Elizabeth Scheibel – indict them all and ruin their lives.

Whoops!

A new report shows there may have been factors other than bullying that led to the death of the South Hadley student.

Court documents, recently obtained by Emily Bazelon of the online magazine Slate, contain police interviews with Phoebe's mother, classmates, teachers and administrators that tell a different story; one that suggests the teen's troubles extended beyond the halls of South Hadley High.

Continue reading "Massachusetts Bullying Indictments And Legislation Controversy Are Revisited In New Reports" »

The Supreme Judicial Court has overturned Joann Sliech-Brodeur’s Massachusetts first-degree murder conviction. Sliech-Brodeur was convicted of killing her husband Joseph Brodeur, who was stabbed 34 times with a kitchen knife and may have sustained blunt force head trauma from a “pry bar” on July 28, 2004.

During Sliech-Brodeur’s criminal defense trial, the defense claimed that Sliech-Brodeur’s long-standing mental issues were made worse by Brodeur’s intentions to divorce her. A psychologist who testified on her behalf said that Sliech-Brodeur doesn’t remember stabbing her husband.

In February 2006, a jury rejected Sliech-Brodeur’s defense that she was not responsible for stabbing her husband because she was mentally ill. The then 61-year-old woman was sentenced to life in prison without parole.

Now, however, the state’s highest court is saying that the discovery process that took place during the trial violated criminal procedure rules (including the state’s limitations on discovery in insanity cases) and prejudiced the West Springfield woman’s Massachusetts murder case. The court says that the psychiatric expert for the prosecution was given information he should not have obtained and that the defense should not have had to give prosecutors statements and notes she had made for her own psychiatric expert.

Finding that Sliech-Brodeur was “unconstitutionally forced to help the state convict her,” the court is ordering a new trial.

SJC overturns murder conviction for West Springfield woman, Boston.com, July 19, 2010

Mass. court orders new trial in husband’s death, Boston Herald, July 19, 2010

Woman guilty of first-degree murder in husband's death, Mass Live, February 24, 2006

Related Web Resources:
Murder, Cornell University Law School

General Laws of Massachusetts

Continue reading "Supreme Judicial Court Overturns Massachusetts Murder Conviction of West Springfield Widow " »

The criminal trial of Vernon Thompson on two counts of Massachusetts rape is now under way. Thompson, 40 is accused of sexually assaulting a Newton teenager while he was a psychiatric patient at Lemuel Shattuck Hospital in Jamaica Plain in 2008.

He is accused of taking the girl, then 14, to an area of the hospital where there were no security cameras and sexually assaulting her. His Boston criminal defense lawyer is asking jurors to remember that the defendant was a mental health patient when the allegedMassachusetts sexual crime happened. She also noted that because of his diminished mental capacity, he was incapable of understanding his actions or conforming to the law.

Diminished Mental Capacity Defense
Due to mental illness, a psychological disorder, or other health issues, some people who’ve committed a crimes lack the capacity to understand that their actions constituted a criminal act. Evidence of diminished capacity can be presented to a jury as part of the defense as they consider whether to find a defendant guilty or not guilty of a crime.

Massachusetts is zealous when it comes to pursuing people charged with sexual crimes and it is important that you are represented by a Boston criminal defense lawyer that can secure the best outcome possible for your case. A conviction as a sex offender can land you in prison for years, place you on the Massachusetts sex offender registry for life, and likely have serious repercussions on your career and personal life.

Girl, 16, testifies at rape case, Boston.com, July 14, 2010

Hospital Rape Case To Begin, WCVB, July 6, 2010

Continue reading "Psychiatric Patient on Trial for Boston Rape Has Diminished Mental Capacity, Says His Massachusetts Criminal Defense Lawyer" »

Ayanna Woodhouse is charged with Boston aggravated assault and battery and manslaughter in the death of a six-month-old fetus. The 25-year-old woman was indicted on Friday by a Suffolk County Grand Jury. They rendered their decision after hearing testimony from medical experts who said that under normal circumstances the baby could have lived outside the womb. At her arraignment on Monday, she pleaded not guilty to the criminal charges.

According to authorities, the Wellesley woman punched and kicked a pregnant woman during a brawl in April at Tulip Nail, a Boston nail salon. Following the incident, the fetus was delivered by emergency C-section but died. According to the medical examiner, the placenta became detached from the uterus. Woodhouse is related to the baby’s father.

Woodhouse’s Boston criminal defense lawyer says that it is unclear who began the fight. Per a Boston police report, after the two women left the salon the pregnant woman followed Woodhouse in her car and they reportedly continued their dispute. According to the Suffolk District Attorney’s Office, there was not enough evidence to establish that any intent to kill was involved. Massachusetts is one of the US states that will pursue homicides of unborn children who could have otherwise survive outside the womb.

A conviction for Massachusetts manslaughter can land a defendant in prison for up to 20 years. This is a serious criminal charge and in many cases the accused never intended to harm the victim.

Wellesley woman pleads not guilty to harming fetus, Boston.com, July 12, 2010

Woman indicted in death of fetus, Boston Herald, July 12, 2010

Related Web Resource:
Fetal Homicide State Laws, National Conference of State Legislature

Continue reading "Wellesley Woman Pleads Not Guilty to Boston Manslaughter and Aggravated Assault and Battery Charges in Fetus Death" »

Can a baseball bat be considered a dangerous weapon in the Commonwealth of Massachusetts? As a Boston attorney for longer than I am in the mood to admit, I have seen cases where a pen, a box and even a shoe is considered a dangerous weapon by the law. So, it should be no surprise that a baseball bat, ball or even a glove can be considered dangerous weapons.

It is a lesson learned the hard was for 18-year-old Buzzards Bay resident Daniel M. (hereinafter, the “Defendant”), if he did not know it beforehand. Currently, he is being held on $5,000 bail after he allegedly beat a family member with an aluminum baseball bat.

Yes, that would make this a case of domestic violence.

The Defendant was arraigned in Falmouth District Court Tuesday morning after being arrested for allegedly hitting the 43-year-old man (hereinafter, the “Unnamed Complainant”) in the head with the bat at around 12:15 a.m. yesterday outside a Buzzards Bay home.

According to law enforcement, the Defendant struck the Unnamed Complainant with the bat after the latter attempted to leave after the two had had an argument.

When the investigating authorities arrived, they found the Unnamed Complainant lying in the driveway, unconscious and bleeding from the head, Bourne police said. He was taken by MedFlight helicopter to Massachusetts General Hospital in Boston early yesterday morning, according to Bourne police.

Continue reading "Baseball Bat Assault In Massachusetts Results In Felony Arrest" »

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

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

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

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

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

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

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

Related Web Resources:

Murder, Cornell Law School

The Insanity Defense, Washington Post

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

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

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

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

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

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

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

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

The General Laws of Massachusetts

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

Amy Bishop, the University of Alabama-Huntsville professor charged with killing three colleagues and injuring three others on February 12, is now charged with Massachusetts first-degree murder in the 1986 shooting death of her brother Seth Bishop.

After originally finding that Bishop accidentally killed her 18-year-old brother, prosecutors reopened the case after the February incident. They now say that police back then did not share important evidence, including Bishop’s alleged attempt at stealing a car from a dealership after she shot her brother, and they are wondering why police never charged her.

At the time, Bishop told the cops that she accidentally shot Seth while attempting to unload her father’s 12-gauge shotgun. Her mother, who witnessed the incident, supported her daughter’s claim.

Investigators now say that even prior to shooting her brother, Bishop kept a newspaper clipping about the 1986 murders of TV star Patrick Duffy’s parents. A teenager had used the same type of gun to kill both of them before stealing a vehicle from an auto dealership.

John V. Polio, the Braintree police chief at the time of Seth's shooting, said that the murder indictment does not convince him that Bishop is guilty. He says that back then there were too many unanswered questions to determine whether Bishop had intended to shoot her brother. Meantime, the Quincy, Massachusetts lawyer for Bishop’s parents says that the family maintains the tragic shooting incident was an accident and that Amy, who was very close to Seth, had no reason to kill him.

After she was indicted for her brother’s murder, Bishop tried to commit suicide. She was treated at a hospital before returning to an Alabama jail.

Bishop's criminal defense lawyer says the latest charge against Bishop will be used in any insanity defense. Bishop is charged with capital murder and attempted murder in the Alabama University shootings.

Amy Bishop charged with murder for 1986 shooting of brother, Boston.com, June 16, 2010

Bishop lawyer says Boston case may help defense, Lake Wylie Pilot, June 16, 2010

Amy Bishop Attempts Suicide After Learning of Murder Charge in Brother's Death, Say Sources, CBS, June 18, 2010

Related Web Resources:
Boston Ghosts Of Criminal Past Continue To Haunt Prof. Amy Bishop, Now Accused Of Murders By Firearm, Boston Criminal Lawyer, February 18, 2010

Police Report from the 1986 shooting, Boston.com

Continue reading "Amy Bishop Charged with Massachusetts First-Degree Murder in Brother’s 1986 Shooting Death" »

19-year-old Sherman Badgett is being held without bail. The Dorchester teenager has pleaded not guilty to charges of Massachusetts assault and battery with a dangerous weapon, first-degree murder, and unlawful possession of a firearm. Badgett is accused of fatally shooting Aaron Brown, also 19, on August 29, 2009 outside the Dorchester YMCA.

According to authorities Brown, Badgett, and Tyree Draughn, 18, became involved in dispute while at the YMCA dance. Draughn, who is charged with and has pleaded not guilty to the charges of assault with a dangerous weapon and accessory after the fact, allegedly pulled out a gun and pointed it at a group of people.

The teenagers were ordered to leave the YMCA and that was when Badgett allegedly pulled out a gun and fired three shots. One bullet struck a wall, another hit another victim’s ear, and the third one hit Brown. Badgett and Draughn were not apprehended until several month’s after Brown’s shooting death.

First-Degree Murder
First-degree murder is considered one of the most serious crimes and can come with a maximum lifetime prison sentence without the chance of parole. Bail is usually denied in these criminal cases.

Boston man pleads innocent to YMCA slaying, WHDH, June 15, 2010

Boston man pleads innocent to YMCA slaying, Boston Herald, June 15, 2010

Teen killed at YMCA dance, Boston.com, August 31, 2009

Related Web Resources:
Massachusetts General Laws

Murder, First Degree, Lectlaw.com

Continue reading "Dorchester Teen Pleads Not Guilty to '09 Massachusetts Murder of Another Youth Outside YMCA " »

Benjamin F. Haskell, one of three white men who originally pleaded not guilty to conspiracy charges in a civil rights violation related to the burning of a predominantly black Springfield church, is scheduled to plead guilty during a change of plea hearing on Wednesday. It has not been revealed what charge he will plead guilty to is or whether there is a plea agreement involved.

Haskell, 23, Michael Jacques, 25, and Thomas Gleason Jr. 22, were charged in connection with a blaze that destroyed the Macedonia Church of God in Christ on November 5, 2008, just hours after President Obama was elected. All three men were arrested in January 2009 based on information provided by an informant.

The defendants allegedly confessed that they entered the church, which was under construction at the time, through a side window and used about five gallons of gas to douse the structure on the outside and the inside. Three firefighters sustained minor injuries as they attempted to put out the blaze.

Gleason and Jacques have pleaded not guilty to charges of damaging religious property because of race, color, or ethnic characteristics, civil rights violations, and using fire to commit a felony. Their criminal defense lawyer attempted to get their confessions tossed out as evidence on the grounds that law enforcement officials allegedly threatened and bullied the two men during hours of interrogation but a judge denied that motion. Haskell, who is facing lesser criminal charges, did not take part in the suppression hearings.

Guilty plea expected in Mass. black church arson, AP, June 13, 2010

Tipster led authorities to 3 men charged with setting Macedonia Church of God in Christ on fire hours after President Obama elected, court testimony indicates, MassLive, May 26, 2010

Related Web Resources:
Post-election church arson at predominantly black parish probed as possible hate crime, MassLive, November 5, 2008

Federal Crimes, Cornell University Law School

Continue reading "Man to Plead Guilty to Involvement in '08 Springfield, Massachusetts Church Burning " »