Boston Criminal Lawyer Blog

Well, we began this week on the Boston Criminal Lawyer Blog discussing crimes that occur in the summer. Yesterday, I was reminded of a companion crime to drunk driving and too much partying.

Two Palmer residents now face criminal charges that they supplied alcohol to a 17-year-old boy who later died in a dirt bike accident.

For those of you who are not sure, the drinking age is currently 21.

Police say 45-year-old Robin K. and 28-year-old Kenneth D. (hereinafter collectively, the “Defendants”) will be summoned to appear in court on charges of procuring alcohol for a minor.

Detective Sgt. Scott Haley told the Republican newspaper of Springfield that
the teenager, Erik N. (hereinafter, the “Deceased”), drank alcohol during a bonfire in April at the apartment complex where the Defendants live.

Continue reading "MA Couple Are Charged With Giving Alcohol To Juvenile After Deadly Traffic Accident" »

Crime, itsel, is not particularly seasonal. It happens all the time in the Boston area. However, through my years as a Boston criminal defense attorney, I have noted that certain crimes seem to occur more often during certain seasons. Summer is a season where there is often a spike in certain crimes, for example.

The Rock star "Meatloaf" once began a hit song with the line, "On a hot summer night, would you offer your throat to the wolf with the red roses?" After various lines seemingly meant to understand the original question, the answer was "Yes".

The image of hot summer nights is often used to portray passonate and, often, violent, occurences.

This is not limited to music or fiction.

We often see what might otherwise be verbal arguments escalate into physical altercations. Maybe it is the heat that makes tempers more flammable. For example, on Saturday, I wrote about a woman who was shot by police after she allegedly assaulted them with a knife. This was, of course, after she had assaulted someone else at home with the knife. This ended tragically…the police shot and killed her.

This is also a story which may bear a closer look this week, by the way.

Continue reading "Summer crimes – Disorderly conduct, assault and battery, drunk driving…. a criminal attorney’s view." »

This blog has discussed many stories about family disputes which get out of hand. Some have resulted in assaults which cause great injury. Others have been known to result in death…whether intentional or accidental.

This one, though, seems to have taken domestic violence to an unusual level.

Authorities say that they went to investigate a 911 call from a gentleman who claimed that his girlfriend had lunged at him with a knife and had tried to set his clothes on fire.

The officers arrived at the Somerville home at about 6:30pm yesterday. This was apparently not the first such response; police indicate that they had responded to the same home at about 3 a.m. after a neighbor reported shouting

When they arrived, 33-year-old Carol K. attacked them with a knife.

Continue reading "A Boston Defense Attorney Reviews A Deadly Case Of Domestic Violence" »

Yesterday, as you may have read through various print and other media outlets, I had occasion to drive to North Adams, Massachusetts on a new case. As I traveled the various hours, I was reminded again and again through the radio how I was actually taking my life in my hands. This has not been a great summer so far for driving safely. The only thing that seemed to make the odds in my favor for arriving in court and then at my office in Cambridge was the fact that I was not a member of any police force.

There have been a number of incidents where officers have been struck by civilian drivers over the past month. The latest example to grace the headlines was Mathew C., 24, (hereinafter, the “Defendant”). On Saturday morning, he allegedly rear-ended a state police cruiser in a highway breakdown lane. He is said to have had a blood-alcohol level over twice the legal limit. Police also claim that he admitted at the scene to having had “too much” to drink.

I guess that would seemgly slam the lid shut for a prosecution for, among other things, drunk driving.

This was the fifth such crash in recent weeks. This time, the police say, the driver didn't brake at all before slamming his car into the cruiser.

Continue reading "A Boston Criminal Lawyer Wonders How Latest Drunk Driving Accident Will Effect Law" »

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 " »

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" »

Massachusetts had more than its fair share of crimes this past holiday weekend. There were shootings in the Boston area, one homicide and, as one would expect from such a weekend, plenty of vehicular crimes. Criminal Defense attorneys will be needed.

For example, one Massachusetts woman was arrested this weekend in Salem, N.H., after police said she stole purses and led them on a harrowing chase with her 12-year-old daughter in the car.

This would be Maria M., 36, of Lawrence (hereinafter, “Mother Defendant”). She is said to have targeted customers at the Christmas Tree Shops, Target, and Market Basket in the area. According to the authorities, she would reach for purses left in shopping carts while the women looked away and "larcenied" her financial cares away.

According to witnesses, Mother Defendant brought a “young girl”, presumably her daughter, along for the July 4th festivities, as she liberated items from said purses.

Once the police spotted the described car, along with the occupants matching the description, they tried to pull her over.

This did not go too smoothly.

Continue reading "Lawyers Needed For Massachusetts Vehicular Crimes During Holiday Weekend" »

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" »

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 " »

Confessions Of A Former Prosecutor - Introduction

...And so I sit to grab a moment of rest as I get home to my apartment after a day starting another trial. This time it is a rape case. Sex crimes cases are how I actually began in this work. My first year as an assistant district attorney in Brooklyn was in the Sex Crimes and Special Victms Bureau.

I remember back to one night, looking around my Brooklyn Heights apartment, papers and chineese food scattered, mid-trial, taking note of my surroundings. Then I looked into a mirror, seeing Mr. Prosecutor..red-eyed, sweaty and dressed...well, let's just say not at my best.

This is when I began thinking, "If people only knew...!"

There I was, mere months out of law school in Boston and now juggling around one hundred sex crimes cases…..all of which seemed bound for trial.

I had always loved performing, and so being a student prosecutor at Boston University Law School had been fun…but this was the real stuff. And there I lay on my couch, too tired to review a rape case that was mid-trial, yet knowing that I had to do so. All those "all nighters at school tended to pay off at such moments.

If people only knew…this is the picture of that scary prosecutor who had the power to send people to jail.

Continue reading " A Boston Criminal Defense Attorney Recalls His Days As A Prosecutor (Part One)" »

It has often occurred to me during my years as a Boston area criminal defense attorney that, once one abolishes the presumption of innocence, many efforts on the part of law enforcement become much easier.

It’s called being for “law and order” as opposed to “soft on crime” and is generally encouraged by society. Of course, it is antithetical to the United States Constitution and other laws of our country (not to mention the spirit behind them), but that’s simply a nasty nuance.

Who looks at nuances anyway?

Anyway, I have often indicated in these blogs that, while we still give lip service to the presumption of innocence, we generally accept the existing assumption of guilt.

Police Commissioner Edward F. Davis has announced that the Boston Police Department is now pursuing a new approach in finding alleged gang members. In this case, the department has released photographs of 10 unidentified young men because Commissioner Davis believes that the photographed gentlemen should be "shamed" for allegedly belonging to a gang that he contends bears responsibility for the death of a 14-year-old boy.

"We are doing this because we believe the community can play a role in making the individuals who are responsible for the execution of a 14-year-old boy outcasts in their own neighborhood,’’ Davis said in a telephone interview.

Continue reading "Police Flier In Gang Murder Investigation Assumes Guilt" »

As a Boston-area criminal defense attorney, I face many “There but for the grace of G-d go I” moments. As I have often discussed in these postings, I am constantly presented with lives that have been ruined by very bad moments. Such moments can change an otherwise on-track life into something of a living nightmare. Some people choose such moments on a regular basis. For others, dealing with the debris of one such moment is enough to last a life-time.

Last week, I side-stepped one such moment.

I was appearing on a murder case at Suffolk Superior Court which involved a shooting. As it turned out, the next door session had a murder trial of its own in which the jury was deliberating. Ironically, the subject matter of that case was related to my case. I waited awhile in case the verdict came, but it did not.

It came the next day instead. I wasn’t there, but I learned in the papers that the verdicts were guilty. But, as it turned out, the verdicts were the least of the excitement the court experienced.

Moments after the defendants were denounced by the deceased’s family for their “animalistic’’ actions in a victim impact statement, the courtroom exploded into a melee between said victims and families of the four men convicted of murdering the 16-year-old on a Dorchester street in 2007.

After being given the mandatory sentence for second-degree murder (life with the possibility of parole after serving 15 years) one of the convicted lads protested his innocence,

The clerk then announced that the men were sentenced to prison for their “natural life.’’
One of the defendants’ relatives shouted out, “What do you mean ‘natural life?’ ’’

Continue reading "Assault And Disorderly Conduct Charges Result From Boston Courtroom Murder Trial Sentencing" »

Today is Memorial Day, a day in which we pause to remember the fallen. Generally, we remember those who have fallen in the armed services while they were defending and protecting our country from outside threats.

I would like to take a moment to remember another category of protectors and defenders. These people, however, guard against inside threats. They are involved daily in more local battles that end up being resolved in the trenches of the courtroom. The dangers they face, however, are very real.

Joseph Galapo had been an undercover police officer with whom I worked during my days as an assistant district attorney in Brooklyn, New York. At the time, I was in the narcotics bureau, happily indicting names I had been informed were the enemy in the “War Against Drugs”. That's all they were to me then…names. The police officers who were our witnesses, however, were human beings. We saw them on a regular basis. We got to know some of them beyond the badge and thin blue line. Joe was one such guy.

Shortly after the birth of his second child, he quit working undercover because of the obvious dangers. He began to work in a safer capacity…as a uniformed narcotics investigator.
Joe was thirty years old when he was shot and killed during what should have been a routine drug bust in a typical Brooklyn Street. In the chaos of an arrest, a partner’s gun was jolted and it discharged a bullet into Joe’s head.

Continue reading "A Boston Criminal Defense Attorney’s Take On Carnage Around The Justice System" »

Chef, former Food Network personality, and cookbook author Juan-Carlos Cruz has pleaded not guilty to charges of attempted murder and solicitation to commit murder. Cruz is accused of trying to kill his wife Jennifer Campbell.

According to investigators, Cruz solicited two homeless men, David Walters and David Carrington, and tried to hire them to murder his kill Campbell. However, those close to Cruz are painting a different picture of the former TV host of the show “Calorie Commando.”

Two sources who know Cruz and Campbell say that the couple had been trying to have a child for 20 years. They even underwent fertility treatments that had proved unsuccessful. One of the sources said that Campbell had talked about killing herself but that as a Catholic she considered suicide a sin.

Another friend of Cruz’s, Amy Reiley, says the charges against him don’t make sense. Reiley is the co-author of Cruz’s book The Love Diet.” She told the Associated Press that in addition to having worked with him intensively for the last nine months she has known him for six years. Reiley describes Cruz as a doting husband.

Cruz was arrested after one of the homeless men that he allegedly approached told the authorities about their conversation. The chef remains behind bars in lieu of $2 million in bail. If convicted, Cruz could receive a lifetime prison term.

Former TV chef pleads not guilty to trying to have wife killed, Los Angeles TImes, May 18, 2010

Sources: Inability to have child behind TV chef's murder scheme, CNN, May 19, 2010

Chef accused in murder plot seen as doting husband, AP/Google, May 20, 2010

Related Web Resource:
Juan-Carlos Cruz

Continue reading "Former TV Chef Pleads Not Guilty to Criminal Charge that He Attempted to Have His Wife Murdered" »

22-year-old George Huguely, a member of the University of Virginia’s lacrosse team, has been arrested and charged with the first-degree murder of Yeardley Love, also age 22 and a member of the school’s women’s lacrosse team. According to police, Huguely and Love were romantically involved with each other and had just broken up.

On Monday at around 2:15 am, police were called to Love’s apartment over a possible alcohol overdose. However, Charlottesville Police Chief Tim Longo says that it became obvious that Love, who was found in a pool of blood in her bedroom, had experienced “obvious physical trauma.”

Police say that they found Huguely at his apartment and questioned him. He was arrested later that morning. Huguely has admitted that he and Love were having a disagreement when he shook her. He says that her head struck the wall more than once. The 22-year-old college athlete also admitted to kicking open Love’s bedroom door and taking her computer.

Huguely’s criminal defense lawyer is calling Love's death a “tragic accident.” Prior to enrolling at the University of Virginia, the 22-year-old was a high school All-American. The university lacrosse team that he belongs to is nationally ranked No. 1 in the U.S. Intercollegiate Lacrosse Association coaches' poll.

Massachusetts College Campus Crimes
If you are a college student who was arrested and charged with committing a crime on or off a Massachusetts college campus, it is important that you obtain legal representation as soon as possible. The outcome of your Boston college campus criminal case could determine whether or not you receive federal funding to cover your education, get into the graduate school of your choice, get a good job after college, or end up with a criminal record for life.

It can be scary to know that the future you’ve been working so hard for may be in jeopardy because you are under investigation or charged with a drug crime, drunk driving, underage drinking, sexual assault, rape, murder, stalking, cyber crime, larceny, assault and battery, larceny, shoplifting, vandalism, or any other criminal activity.

UVA lacrosse player George Huguely admits fight, hiding Yeardley Love's computer after death: docs, NY Daily News, May 4, 2010

Lacrosse player George Huguely charged in fellow U

Affidavit: Lacrosse Player Killed In Fight fter Breakup, WIBW.com

Related Web Resources:
University of Virginia

University of Virginia Men's Lacrosse

Virginia Cavaliers

Continue reading "Campus Crime: University of Virginia Male Lacrosse Player Charged with First-Degree Murder in Death of Female Lacrosse Player" »

Gee, it is hard to imagine that after our protectors and law-makers have made the world safe for kids by passing the Anti-bullying bill discussed last week and prosecuted “the bad kids” as discussed ad nauseum, that kids could still be getting in trouble and even hurt! In connection, since the governor has not signed the Ant bullying Bill into law in Boston yet, how will prosecuting attorneys ever be able to prosecute the youthful wrong-doers?

Guess what? It would appear that the laws already on the books actually suffice!

For example, let’s take four Merrimack College students who have gotten into a tad of trouble at yet another underage drinking party. The partying seems to have ended when a high school student ended up with a serious head injury.

The 17-year-old girl from southeastern Massachusetts, now in the hospital, fell down stairs early Sunday morning at the party, according to a statement issued by North Andover police and Essex District Attorney Jonathan Blodgett's office.

Continue reading "Massachusetts Students Face Charges Of Assault, Attempted Murder And Alcohol Distribution" »

Middlesex Superior Court Judge S. Jane Haggerty has sentenced John Odgren to life in prison without parole. Yesterday, a jury convicted the 19-year-old, who has Asperger’s syndrome and a history of mental illness, of Massachusetts first-degree murder.

The Princeton teenager fatally stabbed Lincoln-Sudbury 15-year-old James Alenson in 2007. The two boys teens didn’t know each other but they happened end up in the high school bathroom at the same time.

Odgren’s Boston criminal defense team had mounted an insanity defense, claiming that paranoia, depression, Asperger’s, and the fear of the number 19 are what compelled Odgren to attack the high school freshman. Now, his homicide lawyer is arguing that because Odgren was a juvenile when he stabbed Alenson, the life sentence he received should come with the possibility of parole. The teenager’s legal team is calling the sentence a violation of not just the Eighth Amendment but also of an international treaty that was signed by every United Nations members except for Somalia and the United States.

Massachusetts and Connecticut are the two US states where a child can be sentenced to life in prison without a parole. Citing constitutional issues, the Odgren murder defense team has filed a motion with Judge Haggerty to sentence him as a youthful offender. She has yet to rule on the motion.

Odgren is being sent to MCI-Cedar Junction, a maximum security facility in Walpole, while he waits for his permanent assignment. His criminal defense attorney wants him to stay in a mental health unit and is concerned for the 19-year-old’s well-being. People with disabilities are at risk of being victimized while in prison.

John Odgren sentenced to life in prison; lawyer concerned for safety, MetroWest Daily News, April 30, 2010

John Odgren guilty as charged, Boston Herald, April 30, 2010

Related Web Resources:
Juvenile life-without-parole sentence too harsh, reports says, Boston.com, September 30, 2009

The Children’s Law Center of Massachusetts

What's Unique about Asperger's Disorder?, Autism Society

Continue reading "John Odgren Receives Life In Prison Without Parole for Massachusetts Murder of Schoolmate" »

There were a few fireworks yesterday in Middlesex Superior Court in Woburn, Massachusetts. Attorneys argued over the topics of the defense attorney’s proposed summation. The Judge agreed with the Commonwealth and overruled the objections voiced by the defense.

The setting was Commonwealth v. John Odgren. The charge is Murder in the First Degree. We discussed this matter at the onset of the trial. Young Mr. Odgren, 19, (hereinafter, the “Defendant”) now awaits a jury’s verdict in his stabbing of another youth to death in school.

The Defendant admitted to the stabbing. However, the defense is that he was not criminally responsible for the homicide because he was insane.

The debate was what the jury could be told about the result should they return a verdict that he was not guilty by reason of said insanity. The defense attorney wanted to be able to argue to the jury that, if they returned such a verdict, that the Defendant would not simply be freed to go out and kill again. This, of course, is a common misunderstanding of the law, and one that can cost a mentally handicapped person liberty-by way of state prison- for the rest of said person’s life.

Continue reading "Dilemma Of A Boston Criminal Defense Attorney In A Murder Trial" »

As I was recovering from a blog-free week this weekend, folks in Lawrence, Massachusetts, were gearing up and creating work for various defense attorneys. In fact, according to the police, over 100 people were involved in the resulting melee.

The brawl took place in a Lawrence nightclub, Club Rio, during the wee hours on Saturday. By the time it was under control, several were injured, arrested or both. Dozens of people were injured, but medics who checked them said none of the injuries were serious enough to require hospitalization

Fourteen people now face criminal charges from the event. While the fight apparently began between a few people, more than 100 folks were participating by its end by throwing punches, kicking each other, smashing bottles and hurling chairs.

In fact, the fight was so big that Lawrence Police Chief John Romero says that every available officer had to respond to the fight, which they described as one of the most violent melees they have witnessed. It remained under investigation Sunday.

Continue reading "The Boston Criminal Lawyer Blog Returns To Multiple Assault, Battery And Disorderly Conduct Arrests" »