Boston Criminal Lawyer Blog

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 " »

2010 is ending with a tragedy which many people believe could have, and should have, been averted. I am talking about the recent homicide of Woburn police officer John Maguire as he tried to apprehend robbery suspects during Sunday’s blizzard. The accused killer, Dominic Dinelli , 57, (hereinafter, the “Parolee”), is also dead, by the way. Massachusetts is in an uproar pointing the finger of blame at the Parole Board which paroled the Parolee in 2008.

In fact, let’s be clear. The Board did fail to follow the applicable law which mandates that the prosecutors who put the Parolee away 20 years earlier be notified of the hearing.

Does this really mean that, had the Board notified the Middlesex District Attorney’s Office, the Parolee would not have been released? If so, would the prosecutor’s intervention have been warranted?

There is no reason to believe that the prosecutors had any more knowledge about the Parolee than the Board already did. After all, the Parolee had been incarcerated for 20 years. There was no secret about his background before then. He had an almost life-long history of violent crime. This is why he was serving the sentences he was serving in the first place.

One goal of incarceration about which we like to forget is rehabilitation. Often, there is little such rehabilitation to be observed. In this case, however, the Board voted to free the Parolee in a 6 – 0 vote. During the hearing, board members praised the Parolee for evolving from a drug-addled menace of the prison system to a model prisoner who spoke to other addicts about recovery.

Continue reading "A Woburn Police Officer Is Gunned Down At Robbery. Is Massachusetts Parole Board To Blame?- Attorney Sam’s Take " »

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 " »

A body was found this morning in the back seat of a car at 35 Rowe St. in Roslindale. Police told the Boston Globe that they believe it to be drug-related because it is a quiet neighborhood next to railroad tracks which makes it a good place for illicit meetings. The medical examiner removed the body from the gold Honda as police officers cordoned off the scene. A resident of the street said she was doing laundry when saw feet hanging out of the car.

Police didn’t say what types of injuries were involved, but they said that there was some evidence at the scene.

Source: The Boston Globe, Police probe possible drug slaying in Roslindale

This incident represents yet another possibly drug-motivated crime in the city this year. Fairly recent studies have shown, however, that the relationship between homicide and drug dealing is somewhat poorly understood. One study, which analyzed Boston police arrest data, indicated that less than 15% of reported Boston homicides involve drug use or dealing. Studies also show, on the other hand, that while drug trafficking is a relatively infrequent cause of homicide, it does provide a context in which homicides become more likely to occur.

The police officer’s comment about the quiet neighborhood being a good place for illicit meetings brings up an important search and seizure concept. Many allegedly illicit meetings occur in high-crime areas, not quiet neighborhoods like the one from this news story. Often times, police officers stop persons in high-crime areas based on merely a “hunch,” and this is unlawful. Simply being in a high-crime area is not enough to justify a stop because otherwise, people who live and work in high-crime areas would be left without the protections of the Fourth Amendment.

If you would like to speak with a defense attorney about any criminal issue, call Altman & Altman LLP.

Continue reading "Body Found in a Car in Roslindale; Police Suspect Drugs as Motivation " »

Dennis Bowen, a 22-year-old Chelsea man, will be arraigned today in Chelsea District Court on charges that he fatally stabbed Carlos Ramirez, a 30-year-old Chelsea man, on Thanksgiving. State police arrested Bowen on Saturday night. Bowen had turned himself in to police after a Chelsea District Court judge issued a warrant for his arrest.

It is alleged that Bowen stabbed Ramirez in the chest outside of 759 Broadway in Chelsea a little bit before 11 a.m. on Thursday. Chelsea Police Captain Keith Houghton told the Boston Globe that several people witnessed the incident and that the stabbing followed an altercation that the police are investigating. State police are looking into the relationship between Bowen and Ramirez as a “key element.” Ramirez was well-known to police and Bowen has a “very limited” record, according to Houghton.

Authorities are also investigating Friday’s discovery of a body in an apartment on Bellingham Street in Chelsea. The owner of the building found the body in the hallway of his first- floor apartment after an employee was unable to get into the apartment for a scheduled cleaning. The victim’s name and cause of death have not been released, but police are conducting a homicide investigation.

Defenses to murder charges are extremely involved and, probably more than any other crime, require the skill of an expert criminal defense lawyer. Here, the alleged altercation will be important (more so if identity isn’t the issue) because it could raise self defense issues or questions about reasonable provocation. The fact the Ramirez was well-known to police could play into the issue of whether Ramirez was the first aggressor or whether a defendant reasonably believed that his life was in danger, but a defendant must always be careful about door opening.

Source: The Boston Globe, Man arrested in Thanksgiving day fatal stabbing as police investigate another homicide

Continue reading "Chelsea Man Arrested in Fatal Stabbing; Police Investigate Another Chelsea Homicide" »

Joseph Cummings, 51, allegedly killed his pregnant girlfriend, 35-year-old Kimberly Nguyen, her sister, and himself over the baby’s last name. The two shared a home on Ledge Road in Lynnfield. Allegedly they got into an argument in their bedroom because she wanted to hyphenate the name and he did not. Nguyen’s sister, 29-year-old Lilly J. Nguyen, apparently heard the gunshots and jumped out of a second story window in another bedroom. It is alleged that Cummings fatally shot her from the window as she lay on the lawn and then killed himself.
Kimberly Nguyen’s 12-year-old daughter hid in another room and ran to a neighbor’s house after she heard the last gun shot.

Residents were shocked by the incident as were customers of Nguyen’s East Boston nail salon. One customer told the Boston Globe that she had attended the couple’s baby shower on Friday and that the two seemed to be happy.

A medical examiner is determining whether Cummings had drugs or alcohol in his system. He was not licensed to carry a firearm. Lynnfield police said that they had never been called to the residence for domestic issues before and that there is no record Nguyen filing any restraining orders against Cummings. Cummings did have two restraining orders against him in 1998 and 2000, however.

So far this year, there have been 28 domestic violence homicides in Massachusetts. Domestic violence is a serious problem in Massachusetts and throughout the country, and if you have been arrested for domestic violence, you need an experienced defense attorney on your side. When a person reports domestic violence to police, it doesn’t matter whether or not they want to press charges against you.

Source: The Boston Globe, Police say Lynnfield killings were over baby name

Continue reading "Killings in Lynnfield were over baby name, police say " »

Two were left dead and two are injured after a shooting in a Jamaica Plan restaurant Sunday night. It happened around 7:30 p.m. at the Sam Old Place on Centre Street. Mario Bailote, the 40-year-old manager of the Restaurant, said that a man came into the pizza place and began to argue with some patrons. The argument escalated into a fistfight and one man pulled out a gun and started shooting. No employees were injured, and police arrived minutes later.

Police arrested one of the deceased on gun charges after the shooting. They are trying to confirm identification information with relatives. Police now have a suspect in custody at a local hospital, but the suspect’s identity is not immediately available.

Some residents of the trendy area have been surprised the events.

Among other things, this suspect is going to be facing serious homicide charges, probably murder charges, and it is in his best interest to speak with an experienced criminal defense lawyer who can help him. If there is no question about his/her identity, then depending on the unclear circumstances, the defense will try to focus on things like intent, excuses or justifications, negligence and other factors going to the level of culpability. Defenses to homicide charges are complicated, and having a defense lawyer at the beginning stages is crucial.

Source: The Boston Globe, Two dead after weekend shooting in Jamaica Plain restaurant

Continue reading "Two Dead After Shooting in Jamaica Plain Pizzaria" »

A mutilated body was found in an upscale Milton neighborhood on Monday night. Police told the Boston Globe that the mutilation was extensive and gruesome. Residents are shocked that the body was found in their neighborhood, and police are looking into the possibility that the body was dumped there.

The victim was apparently a five-foot-five black man with an athletic build. He has not been identified and his fingerprints don’t match any of those in the state’s criminal record database. He wasn’t wearing a shirt or shoes when his body was found, and he had no wallet on him.

Source: The Boston Globe, Police seek public help in identifying body found in Milton

As the homicide count continues to rise, pressure will mount on law enforcement, especially when horrific crimes start happening in upscale suburbs where people think they are safe. When this kind of pressure mounts, it increases the urgency of investigations and injustice can result.

Continue reading "Mutilated Body Found in Milton" »

Two Newton teenagers, 17-year-old Benjamin Peirce and 18-year-old Shaquan Jacobs, were arraigned Wednesday in Superior Court in Woburn on murder, armed robbery and firearms charges. Both pleaded not guilty.

The charges arose from the September fatal shooting of Adam Coveney, a 29-year-old Waltham man. Prosecutors allege that the teens arranged a drug deal with Coveney to rob him of Percocet tablets. Aside from Peirce and Jacobs, two others were allegedly involved. Daniel Louis, a 21-year-old West Roxbury man, and Wallace Duarte, a 17-year-old from Waltham, were arraigned Thursday. Louis faces murder, armed robbery and firearms charges. Duarte was charged as an accessory after the fact to murder.

As you would guess, murder is the most serious of all crimes and is punishable by up to life in prison without the possibility of parole. A conviction for armed robbery could also carry a life prison sentence. The punishment for conviction of firearms charges varies but the penalty is often increased when the gun was used in connection with a robbery. Accessory after the fact is punishable by up to 7 years in the state prison. Facing these penalties, the stakes could not be higher for these young men.

The Boston Globe: Newton teens arraigned in Waltham slaying

Continue reading "Newton Teens Face Serious Charges After Waltham Slaying" »

Boston’s homicide toll continued to rise as two were killed over the weekend. Thomas Whitley, a 30-year old Roxbury man, and an unidentified teenager were killed, marking the 62nd and 63rd homicides this year. At this time last year, the homicide toll was 43.

Whitley, a father of four, was stabbed on Saturday night on 60 Dearborn Street. He was later pronounced dead at Boston Medical Center. Witnesses told the Boston Globe that Whitley and another man went into Dearborn Liquors together where they got into a fight that continued out to the street. The call to police first came in as an attempted robbery.

The teenager was shot on Mascot Street in Mattapan on Sunday morning. He too was pronounced dead at Boston Medical Center.

With this ongoing violence, the pressure will continue to mount on law enforcement. When that happens, the pressure on you also grows. Pressure from superior officers, prosecutors, and law enforcement politicians will affect police investigations and feed their fear and their “us vs. them” attitude.

Continue reading "Homicide Toll Rises with 2 Killed Over the Weekend" »

How many of you thought that the Boston police and probation officers were over-reacting when you read my blog last week about their “late night calls” on probationers? As you may recall, it was in response to the rise of the homicide rate. Well, it would appear that these late night visits have not made that big a difference quite yet.

We have had another one of those “record weekends” in terms of shooting deaths this past weekend. Police are still investigating the shootings in the three Boston neighborhoods to find those responsible.

Yes, that means high profile arrests. Yes, that means you had better be careful, lest the finger of accusation make its way to your door.

Speaking about the shootings, these left one woman dead and five men wounded, Commissioner Edwin F. Davis has said that there are some “promising leads” already. He further added that, “It was a very unusual day to have that many incidents occur, We have noted spikes in this kind of activity before, and unfortunately, we’re experiencing one again this weekend.’’

Yes, accent on the word “again”…not so much on the word “unusual”. This is not even the first time we have had such a weekend this year.

Continue reading "Boston Police Officers Investigate Weekend Shootings And Homicide …Again (CJS Perspectives -Part I.)" »

As I have often written, one does not always know either when there is a Massachusetts criminal investigation or even an arrest warrant in existence in one’s name. There are various ulterior motives out there by which potential witnessesare guided to give evidence against you.

And law enforcement tends to know all about them and how to use them. After all, it is one of the things of which prosecutions are made.

Let’s take the most common such motive–fear. We turn our collective heads a bit to the north to learn about William M., an 18-year-old (hereinafter, the “Witness”) of New Hampshire. The Witness’s lawyer has announced that he has struck a deal with prosecutors to testify against two companions who allegedly led a home invasion that resulted in the killing of a nurse and the maiming of her 11-year-old daughter at New Hampshire house.

The Witness has agreed to plead guilty to being an accomplice to first-degree assault, murder conspiracy, and burglary conspiracy, and faces 30 to 60 years in prison, according to his Massachusetts lawyer. In exchange for the Witness’ cooperation, prosecutors have dropped the most serious charge he faced, being an accomplice to first-degree murder, which carries a maximum penalty of life without parole.

Continue reading "MA Students And NH Murder Defendants Need Expert Legal Attention" »

Theary C., 26, of Lowell, (hereinafter, the “Defendant”) is due to be brought in to Lowell District Court today.

He is to be arraigned on a charge of MA homicide.

No, not the type of killing which dominated the news, and this blog, last week. This is not a case of premeditated murder. It is a case of vehicular homicide.

The victim?

An off duty police officer, Patrick J., 31 (hereinafter, the “Deceased”)

Continue reading "A Boston Criminal Defense Attorney Reviews MA OUI/Vehicular Homicide Case " »

SPECIAL SATURDAY EDITION

This has been a bad stretch for the Boston area in terms of homicides. Police believe they have solved the 43rd murder this year as compared to 38 killings last year at this time. The pizza delivery killing was the fifth murder in Boston in the last week.

By way of update on the pizza delivery murder,Boston police have arrested three people in connection with the slaying of 58-year-old Richel N., (hereinafter, the “Deceased”), the Domino’s pizza delivery man who was stabbed to death while making a delivery in Hyde Park early Thursday morning. According to authorities, he was lured to a vacant house, where two men and a woman allegedly robbed and stabbed him.

After the Deceased was stabbed, the three allegedly drove off in his Subaru Legacy, which was recovered Thursday at church parking lot on River Street. Police sources said investigators found "a lot of evidence" in the vehicle and detectives worked around the clock to make the arrests.

Two days ago, the news featured another piece of evidence which may well have helped in the investigation. Maria C., a Hyde Park woman, (hereinafter, the “Witness”) indicated that she feared that she unknowingly aided the Deceased’s killers. She indicated that at around the time the call to Dominoes was apparently made, she lent her cell phone to a woman. While the Witness states that she did not hear who the woman spoke with, she fears that the call was to the Deceased’s shop.

Continue reading "Attorney Sam’s Take: Truth, Witnesses And The Murder Of A Boston Pizza Delivery Man" »

This daily criminal law blog has been short-ciruited today due to internet failure. However, it will reappear tomorrow (yes, even though it is Saturday) with the planned discussion of murder investigations, witnesses and pizza delivery.

Oh, yes. And do we mean by "truth" in the criminal justice system?

Until then...beware of Hurricaine Earle!

The Massachusetts Supreme Judicial Court (“SJC”), the Commonwealth’s highest court , situated in Boston, has rejected a motion by Calvin C., convicted in the 2005 Bourneside murders,(hereinafter, the “Defendant”) to stay his appeal so that he could seek a new trial based on evidence he said showed he was framed.

The Defendant is currently serving four consecutive life terms for killing four men in Dorchester.

The claim, as represented by the Defendant’s lawyer before the SJC, is that the Suffolk district attorney’s office had for over a year withheld information that potentially cast doubt on his guilt. This is known as “exculpatory evidence” which the prosecution is to deliver to the defense immediately upon discovering it.

On August 13th, prosecutors apparently provided the Defendant’s a February 2009 affidavit from an inmate asserting that another gentleman, who pleaded guilty to acting as an accessory to the murders, confessed that he was the real killer. Said gentleman was sentenced to 13 years in prison.

On Friday, the Supreme Judicial Court denied the Defendant’s motion for the stay on his appeal without offering an explanation or calling for a hearing. The Defendant had previously appealed the 2008 conviction, arguing that the trial judge in the case wrongly dismissed the one juror who believed the Defendant was not guilty of the murders. The Court of Appeals is still considering that appeal

Continue reading "A Boston Criminal Attorney Discusses SJC’s Ruling In Murder Appeal Motion (Part One)" »

Now, given my sardonic view on things, it would not surprise you to check out this once-again daily blog one day to find me describing a scene wherein somebody was speeding down the road and, having run down an innocent pedestrian, got out of his car and started pulling on the semi-flattened gentleman, begging him to get up.

Perhaps, I might even compare the driver in such a situation to a child who, after having committed some damage, asks for a “Do-over”.

Of course, you would expect that, by the time the blog was over, you would have heard about the driver being arrested for a myriad of charges, not to mention some kind of vehicular homicide.

Well, guess what?

Such an occurrence actually happened last week...with one twist.

The driver was a police officer.

Continue reading "A Boston Criminal Attorney Wonders If A Police Cruiser Hitting And Killing In A Pedestrian With An SUV Is Vehicular Homicide" »

The news to which we have referred a couple of times this week has remained in the news all week. Namely, Phillip Markoff, the alleged Craigslist Killer, apparently took his own life at the Nashua Street Jail in Boston. His attorney has expressed surprise and sadness and the local D.A. has proclaimed it to be consciousness of guilt.

Typical, right?

Well, there is an existing irony. When Markoff was arrested for his alleged crimes, our law enforcement leaders and politicians (both in Massachusetts and Rhode Island to name a few) seemed to proclaim the killing to be the fault of Craigslist and the professionals involved in the occupation of prostitution.

It was almost as if Mr. Markoff was secondary in the whole robbery and murder events.

Well, now that he has apparently committed suicide, people seem to, once again, be laying the blame for his actions on someone else.

This time, it is the fault of Nashua Street Jail.

Continue reading "Boston’s Sherriff’s Department Defends Against Blame And Investigates The Death Of Alleged Murderer Markoff" »

Homicide can occur during the most unlikely of events. As a Boston criminal defense attorney, not to mention a Brooklyn prosecutor, I have seen my fill of events in which people acted in ways that they admittedly should not have and were left with totally unexpected results.

Deadly results.

Here is a tragic example from this past weekend.

Hector G. of South Boston (hereinafter, the “Defendant”) was in Lansdowne Pub on Lansdowne Street near Fenway Park. At the same time, Mike D., 23 from New York (hereinafter, the “Deceased”) was up from the Big Apple and visiting with some old college friends.

According to investigating officers, the Defendant became angry with a member of the Deceased’s group because of a brief “run in”.

And so it was that the Defendant did something stupid. He threw a beer mug at the Deceased’s table.

Continue reading "South Boston Man Faces Homicide Charges After Throwing Beer Mug; Needs Experienced Lawyer" »

Leave it to the good folks of Salem, MA, to find an original, if macabre, way out of a legal problem! Unfortunately, such bright ideas , when tried in the criminal justice system in lieu of just getting a good attorney, do not tend to meet with ultimate success.

Let’s take the case of Michael R., 42, (hereinafter, the “Defendant”). He was originally simply wanted on charges for the white collar crimes of forgery and counterfeiting . Now, he stands also accused of faking his own death to get out of his pending criminal woes.

According to law enforcement, his approach to Lady Justice included going to Salem District Court with what he represented to be a death certificate in his own name. Representing himself to be his brother ( hereinafter, "Brother"), the Defendant said that he ( the Defendant) had actually died the week before. A clerk put the certificate in the Defendant's file, and the pending case against him was dismissed.

Unfortunately for the Defendant, he had also been on probation for other offenses, including drunk driving. When the probation officer learned of the dismissal and untimely death, he became somewhat intrigued given that he had just spoken with the Defendant alittle earlier and he seemed fine, not to mention alive.

Continue reading "Salem MA Genius Adds Probation Violation And Fraud To Previous OUI And White Collar Criminal Woes" »