Samuel Goldberg has been a Massachusetts criminal defense attorney for 20 years. Prior to that, he was a New York state prosecutor. He has published various articles regarding the practice of criminal law and frequently provides legal analysis on radio and television, appearing on outlets such as the Fox News Channel, Court TV, MSNBC and The BBC Network.
To speak to Sam about a criminal matter call 617-492-3000.

February 18, 2010

Boston Ghosts Of Criminal Past Continue To Haunt Prof. Amy Bishop, Now Accused Of Murders By Firearm

It would appear that the people of the Boston area dodged the proverbial bullet when Professor Amy Bishop (hereinafter, the “Defendant”) moved out of state. According to Alabama law enforcement, co-faculty members were not so lucky.

The Defendant stands accused at the moment of gunning down said members at a faculty meeting whereat it was revealed that she was not going to get tenure.

But her latest problems are not her first brushes with guns, assault and the law. In fact, the more the media dig into her past, the more is learned at how she allegedly skated by criminal prosecutions a number of times. Some such skating has left Massachusetts law enforcement officials scratching their heads.

For example, one of the first stories that were revealed were about the suspicions about her connection to an attempted bombing of a professor at Harvard when she worked there. She was apparently trying to become a famous scientist (see discovery of her book from Tuesday’s blog). Her supervisor was purportedly not pleased with her work. He received a bomb in the mail after an alleged dispute with her. Clearly, the federal officials did not believe there was enough to charge her and so nothing happened.

However, a cloud of mystery seems to have developed about that situation with her brother.

Continue reading "Boston Ghosts Of Criminal Past Continue To Haunt Prof. Amy Bishop, Now Accused Of Murders By Firearm" »

February 10, 2010

Kerrigan Massachusetts Assault Ruled A Homicide

Was it a surprise to you? The Boston Criminal Lawyer Blog anticipated it just after the event and explained that it was likely to happen.

The news is that,the cause of death of the 70-year-old father of Olympic figure skater Nancy Kerrigan (hereinafter, the “Deceased”) is being ruled a homicide. However, Middlesex District Attorney Gerard T. Leone Jr. has not yet decided whether the son, Mark D. Kerrigan (hereinafter, the “Defendant”) will face murder charges. The Defendant has already been charged with assault and battery.

In a statement released this afternoon, Leone's office said that the state medical examiner has concluded the death of the Deceased was a homicide after he suffered a heart attack inside his Stoneham home early on January 24th. Leone stated that "The Medical Examiner determined that the cause of death was cardiac dysrhythmia following a physical altercation with neck compression causing injury to the neck in the form of a cartilage fracture to the larynx area, in a person with hypertensive and atherosclerotic cardiovascular heart disease,'' Leone said in the statement.

He further announced that the investigation is ongoing and that his office is deciding whether homicide charges are appropriate.

Continue reading "Kerrigan Massachusetts Assault Ruled A Homicide" »

February 9, 2010

Michael Jackson’s Doctor Pleads Not Guilty to Involuntary Manslaughter in Singer’s Death

Conrad Murray, the personal physician of Michael Jackson, pleaded not guilty to a single felony charge of involuntary manslaughter in the death of the famous performer. Bail was set at $75,000—three times more than the amount faced by most people who are charged with involuntary manslaughter. Prosecutors had wanted bail set at $300,000. Michael Jackson’s parents, Katherine and Joe, and his brothers Randy, Tito Jackie, and Jermaine, and his sister La Toya were at Murray's arraignment.

Upon Murray's release after posting bail, the 56-year-old cardiologist will not be allowed to leave the country.

Murray was Jackson’s personal physician when he died. According to officials, the performer died after Murray gave him propofol and two other sedatives to treat his chronic insomnia.

The criminal complaint against Murray accuses him of unlawfully killing Michael Joseph Jackson, albeit with out malice, and of acting “without due caution and circumspection.”

The coroner had ruled the singer’s death a homicide caused by acute intoxication by propofol and other sedatives. The autopsy report released today says that Jackson was administered a powerful anesthetic at a dose equal to what would be given during a major operation and that medical standards were not met.

Murray maintains he did not do anything that should have killed Jackson. His criminal defense attorney is vowing that he and his client will “fight like hell.” If convicted, Murray faces a maximum four years in prison.

Michael Jackson died at age 50 on June 25, 2009.

High profile criminal cases, especially one involving a beloved victim, can prove challenging for the defendant, who may have the court of public opinion against him/her.

Michael Jackson's doctor pleads not guilty, Yahoo/AP, February 8, 2010

Conrad Murray: Michael Jackson case and celebrities' doctors, The Christian Science Monitor, February 5, 2010


Related Web Resources:
Propofol, Drugs.com

Michael Jackson Autopsy Report, The Smoking Gun

Continue reading "Michael Jackson’s Doctor Pleads Not Guilty to Involuntary Manslaughter in Singer’s Death " »

February 5, 2010

Attorney Sam’s Take: Does Michael Jackson Homicide Doc Read The Boston Criminal Lawyer Blog?

The Boston Criminal Lawyer Blog has regularly suggested how an experienced defense attorney can help you if there is an outstanding warrant for your arrest.

It may be that Dr. Conrad Murray,( hereinafter, the “Defendant”) the doctor who administered the fatal dose of Propofol to Michael Jackson and now is to face homicide charges is a reader! Well, if not, at least he is being similarly advised.

According to law enforcement, his attorneys have been in contact with the L.A. County District Attorney's Office to surrender on charges of involuntary manslaughter . Apparently, the plan is that the prosecutor will file the charges with the court and then immediately notify the Defendant’s lawyers. They will then bring the Defendant downtown to court to surrender to a judge.

What happens next is anybody’s guess. He could be arrested and held. He could be simply arraigned. There is one sticking point, though. It would appear that this is not the Defendant’s only legal problem at the moment. Apparently, there is a case against him in Las Vegas brought by a medical imaging company for non-payment of fees. There is currently a default judgment against the Defendant in that matter.

Continue reading "Attorney Sam’s Take: Does Michael Jackson Homicide Doc Read The Boston Criminal Lawyer Blog?" »

January 22, 2010

Attorney Sam’s Take: A Massachusetts Murder Trial. A Little Girl Is Dead. Attorneys Take Note!

You know, sometimes a criminal defense attorney cannot help but get mad. For example, when a client whom the attorney is absolutely sure is innocent of charges is found guilty of them anyway, I get angry. Or cases wherein one of the many unfairness’s that are built into the criminal justice system raise their ugly heads, my passion is inflamed. Or, more recently, in a Massachusetts superior court, where an absolutely heart-wrenching drama is being played out and suddenly the prosecution and other untrained-yet-self-ordained “experts" announce with “authority” their expectations of human behavior to the detriment of fairness...it drives me nuts.

A four-year-old girl is dead. Her mother, Carolyn R. (hereinafter, the “Defendant”) is on trial for her homicide. Dad, also charged with murder, awaits his turn next.

The purpose of an opening statement in a trial is to give the jury a roadmap of the evidence the lawyer contends it will see during the trial. In this case, the prosecuting attorney gave his opening statement, listing the evidence he expects he will show, thus proving the Defendant guilty beyond a reasonable doubt. Thereafter, the school nurse testified to begin the onslaught of critical evidence.

One of the first things described by both the prosecutor and the nurse? Well, apparently, hours after her daughter died, the Defendant and her husband appeared at the child’s preschool with a “flat” demeanor, asking to pick up her daughter’s things as well as a copy of her class photograph.

Continue reading "Attorney Sam’s Take: A Massachusetts Murder Trial. A Little Girl Is Dead. Attorneys Take Note!" »

July 8, 2009

Boston Watches As The Investigation Of Michael Jackson’s Death Continues And Homicide Is Likely Suspected

I have to confess a personal interest in Michael Jackson. First of all, I think he was immensely talented and, frankly lead a pretty tragic life in many ways. Second, his trial was the lead story when I was a regular contributor on FoxTV’s “Studio B”, as well as other such shows, years ago. By the way, yes, those are some of the clips that appear in the compilation video on my profile in the website. Today, the Boston Criminal Lawyer Blog revisits the Michael Jackson story as it shares a new chapter with the criminal justice system.

Yesterday, Mr. Jackson was laid to rest. However, the criminal justice turmoil that defined a great deal of his later years continues. Now, of course, he is not the "defendant" Now he is the “victim”. No, I am not talking about the manipulation and hypocrisy that so many are exhibiting regarding the claiming of his fame or even the battle over his possessions and children. I am referring to the question of homicide.

You see, drugs have been linked to Mr. Jackson’s death. The questions have been who gave him the drugs, why they gave him the drugs and by what authority they gave him the drugs.

Continue reading "Boston Watches As The Investigation Of Michael Jackson’s Death Continues And Homicide Is Likely Suspected" »

June 1, 2009

Criminal Jury Trial For Drug Sale AndManslaughter Ends; Jury Returns Verdicts Of Guilty And Not Guilty

As last week ended, many of us were still preparing for the summer weather which seems to taunt us in the Boston area every few days. Other, less mundane, issues were consuming the thoughts of Robert L. of Gloucester (hereinafter, the “Defendant”). He and his defense lawyer were awaiting a verdict in his Homicide trial in Lawrence Superior Court.

The jury returned Friday with a mixed verdict for him. He was found to be not guilty of manslaughter, but will still be serving the next three to six years in state prison for the selling of prescription painkillers.

The case dates back to December 17, 2004, when Richard B., 38, (hereinafter, the “Deceased”) died after paramedics found him in cardiac arrest, unconscious and not breathing, in his car outside his Essex Street house. Law enforcement believed that the Deceased had overdosed on a drug known as Fentanyl which had been contained in a patch designed for slow absorption through the skin that he had apparently opened and ingested.

After more than a year of investigation, the Commonwealth decided that the Defendant, 43 at the time, had sold the Deceased, his co-worker, the drug for $50 after a Christmas party. Given the unhappy result, they not only charged him of the sale of the drug, but also with manslaughter.

Continue reading "Criminal Jury Trial For Drug Sale AndManslaughter Ends; Jury Returns Verdicts Of Guilty And Not Guilty " »

January 29, 2009

Yesterday’s Boston-Area Shooter Found And Set To Meet Lawyer And Judge Today

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

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

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

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

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

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

December 30, 2008

Defendant’s Lawyer Argues That Boston Area Client Who Killed Boyfriend Is The Victim

Slightly north of Boston, this week began with another romantic entanglement that spilled into the halls of justice. This time, it was substantially more tragic than our tale in yesterday’s daily blog. This time, somebody died. The prosecutor says that the killer is a criminal. Her defense lawyer, however, says she is the true victim, a victim of domestic violence.

Kimberly S, 30, of Somerville (hereinafter, the “Defendant”) was arraigned yesterday for murder. She is charged with plunging a kitchen knife into the chest of her boyfriend this past weekend. However, she claims that the killing of Amaldo A., 42, (hereinafter, the “Deceased”) was done in self-defense.

The Defendant, who claims to be a longtime victim of domestic abuse told police that she killed her boyfriend in the midst of another argument, according to a defense attorney and a police report filed today in court.

"Yes, I stabbed him, but he attacked me first," the Defendant told police, according to the report.

In Somerville District Court, she pleaded not guilty to a murder charge and was held without bail. Defense attorney Maria Curtatone pointed to what she described as bruises on her client's neck, chin, and forehead as evidence of chronic abuse.

Assistant Middlesex District Attorney Marian T. Ryan acknowledged that the couple had a history of domestic violence at their Greenville Street apartment. Neighbors said, however, that the Defendant was often the aggressor, Ryan said in court . The prosecutor also indicated that the smaller-in-stature Amado was too “embarrassed” to report the abuse.

Continue reading "Defendant’s Lawyer Argues That Boston Area Client Who Killed Boyfriend Is The Victim" »

December 28, 2008

Pelham, Massachusetts Police Chief Pleads Not Guilty to Involuntary Manslaughter in 8-Year-Old’s Uzi Death

Pelham Police Chief Edward Fleury has pleaded not guilty to charges of involuntary manslaughter in the death of the Christopher Bizilj. The boy, 8, died after he accidentally shot himself with an Uzi at the Machine Gun Shoot and Firearms Expo in Westfield, Massachusetts. He also pleaded guilty to four counts of furnishing a machine gun to a person under 18.

Fleury is the owner of OPS Firearms & Training, which promoted the October gun show. If convicted for involuntary manslaughter, the police chief could spend up to 20 years in state prison and up to 10 years for the other charges.

On October 26, Christopher lost control of a 9mm micro submachine gun when it recoiled on him. His father was nearby, getting ready to take his son’s picture when the fatal accident happened. The Micro Uzi’s rate of fire is 1,700 rounds/minute.

According to District Attorney William Bennett, Fleury made a mistake when he told the two men who brought the gun to the expo that Massachusetts law allowed for children under 18 to use the submachine weapon. Last week, Domenico Spano and Carl Giuffre pleaded not guilty to involuntary manslaughter charges.

The Westfield Sportsman's Club, where the gun show took place, has also pleaded guilty to involuntary manslaughter. The club’s attorney says that no one from the club or who was acting for the club provided the Uzi involved in Christopher’s shooting death. At least three other children reportedly fired the gun at the expo.

Involuntary Manslaughter
An involuntary manslaughter charge involves a crime where the defendant did not mean to cause the victim’s death.

Mass. police chief pleads not guilty in Uzi death, AP, December 23, 2008

2 Plead Not Guilty to Manslaughter in Boy's Uzi Death, Fox, December 15, 2008


Related Web Resources:

A Brief Overview of Massachusetts Homicide Law, Mass.gov

Massachusetts "Gun Fair" Where Child Was Killed With Machine Gun May Have Violated Gun Law, Brady Campaign

Continue reading "Pelham, Massachusetts Police Chief Pleads Not Guilty to Involuntary Manslaughter in 8-Year-Old’s Uzi Death " »

December 10, 2008

Massachusetts Robbery Attempts, With And Without Weapons, Continue To Rise…And Sometimes Fail

Reports say that robberies are on the rise. I suppose that is not a big surprise, given the economic downturn we are dealing with.

Some of the attempts do have some entertainment value, though.
For example, let’s begin with such an attempt from earlier this very week. We turn to Lowell, Massachusetts. There, we find a peaceful scene. A grandmother and her 8-year-old grandson inside their home. Enjoying the day, perhaps happy that the snow from Sunday had stopped. Norman Rockwell type of scene.

Suddenly, there is a knock at the door.

End of peaceful scene.

Grandmother and Grandson were suddenly terrorized. A man and woman burst into the home, demanding money. Actually, they were more specific than that. With masks on, Grandmother tells us, “They kept wanting $1,000. They kept saying, 'You got $1,000!"

Grandmother explained to them that she didn't have that much money in the house.

The duo did not belie her. They demanded her purse, which she told them was in another room.

"So when he went for my pocketbook, I told my grandson run and get the police," she said.

The 8-year-old did as Grandmother told him. He bolted from the house and ran about 100 yards to a gas station, screaming for help.

"I ran in there. I told them to call 911, because people in my house wanted money," said the grandson.

Right after the child ran out, the couple fled without getting any money. They apparently sought to get away, but, naturally, ran in the same direction as the boy.

Continue reading "Massachusetts Robbery Attempts, With And Without Weapons, Continue To Rise…And Sometimes Fail" »

December 8, 2008

Massachusetts Bank Robbery Suspects Continue To Engage Police In High Speed Chases And Win… Larger Criminal Sentences

Happy Monday. How did you start your weekend? I hear a lot of people went shopping. At Altman & Altman, LLP., we moved our offices next door.

In Fitchburg, Massachusetts, a gentleman had a high speed chase with an officer.

As usual, he did not win. He did, however, manage to injure a police officer, which successfully gained him membership into the infamous “Hey, I’ll Bet I Can Make This Worse” Club.

Of course, according to authorities, James T., 36 of Templeton (hereinafter, “Defendant 1”) had not exactly been the pillar of good judgment before the chase. There had already been a little matter of that warrant out for his arrest in connection with the robbery of the Fitchburg Savings Bank in Parkhill Plaza in April 2007.

Last Friday, police say that Detective Perry Pappas saw Defendant1 come out of a Marshall Street house around 1 p.m. and get into a black Saturn driven by a woman. The Detective followed the Saturn in an unmarked cruiser through city streets, and called for marked cruisers to help him with the arrest.

So far, so good.


Marked cruisers arrived around the intersection of Blossom and Crescent Streets. They signaled for the driver of the Saturn to stop.

That did not go over so well.

The Saturn did not stop. Instead, it drove along several more streets in the Fitchburg State College area and then hit another car at Pearl Street and Myrtle Avenue; that car, in turn, struck the cruiser driven by Police Officer Michael Rochette, police said.

The female driver of the Saturn was arrested at the scene and was taken to Leominster Hospital. Officer Rochette and three people in the car his cruiser collided with were taken to Leominster Hospital with what police said are non-life-threatening injuries.

Defendant 1, however, was not done yet.

Continue reading "Massachusetts Bank Robbery Suspects Continue To Engage Police In High Speed Chases And Win… Larger Criminal Sentences" »

November 28, 2008

Massachusetts Mother Held For Making Death Threats Against The Court and DSS Workers

Yesterday was Thanksgiving. Unfortunately, there are a few families for whom this holiday season has not begun so well.

Let’s turn to Hampshire, Massachusetts, for example. On Wednesday, as the rest of us prepared for family gatherings and big dinners, Debra B., 53, of Northampton (hereinafter, the “Defendant”) learned that she would be spending the holiday as a guest of the Commonwealth. It seems that she and the Department of Social Services (“DSS”) have had a disagreement of sorts.

The disagreement allegedly included some threats.

Threats that have brought to light what one might call a dysfunctional family situation.

The case has a bit of a history to it. It apparently began back in 2006 when the Defendant’s son was taken away from her by DSS. This was allegedly occasioned by the 7-year-old autistic boy’s complaint that she had duct-taped him to a chair and threatened him with a knife. Most of the criminal charges against the Defendant in that incident were eventually dropped.

The heated custody fight over her son did not end so easily.

As the battle between DSS and the Defendant raged, she is alleged to have done certain things which were of concern to the Commonwealth. One such thing is that she was reported to have looked up the home addresses of some social workers on the Internet. She is also said to have threatened to shoot Judge Judd J. Carhart at a hearing and told another woman in court that she was "in her crosshairs."

This landed her in jail on September 8th.

Perhaps misunderstanding the message this was supposed to have sent, the Defendant allegedly threatened to kill a different judge, as if this would clear things up.

Things were not cleared up. Law enforcement sought a search warrant for her apartment instead.

Continue reading "Massachusetts Mother Held For Making Death Threats Against The Court and DSS Workers" »

November 25, 2008

Massachusetts Assault Defendant Held Without Bail For Disobeying Court Order

Angel R., 43, a former Springfield firefighter (hereinafter, the “Defendant”) has been having a bad time of it lately.

In July, he was arrested in connection with a fight with another gentleman.

Well, it allegedly involved alittle more than a simple fight; his fellow combatant, hereinafter referred to as “slashed”, ended up cut up through use of a box cutter. The Defendant was arrested for attempting to kill him.

The fight had taken place outside an apartment in Sixteen Acres on Allen Park Road. Slashed, who had been outside the home of his two children and their mother, had reportedly been slashed several times and still had a piece of blade lodged in his neck as it had broken off.

The Defendant was arrested and charged with assault and battery, assault and battery with a dangerous weapon and armed assault with intent to murder.

Police said that while in court, he apparently did or said something to violate the terms of his release and so a warrant was issued.

The Defendant was initially denied the right to bail, but in September, Judge Tina S. Page granted bail at $10,000 cash or $100,000 personal surety and stipulated that the Defendant was to have no contact with either Commonwealth witness, namely, Slashed and his children’s mother.

Apparently, the Defendant had also had a relationship with the children’s mother.

Do I see the form of a potential love triangle forming?

Continue reading "Massachusetts Assault Defendant Held Without Bail For Disobeying Court Order " »

September 9, 2008

Lynn Man Enters Fray And Faces Attempted Murder Charges

According to today’s Lynn Item, Carmet Cruthird of Lynn was arraigned Friday on attempted murder charges after he allegedly stabbed a man outside a Liberty Street apartment building the day before. However, the circumstances appear a bit sketchy and are likely to not be resolved until the time of trial…which usually takes about a year.

Mr. Cruthird, a gentleman of 60 years, is said to have been involved in some kind of brawl which resulted in a stabbing. Gerald Nason, also of Lynn and 22 years of age, was the recipient of the knife’s blade. However, while law enforcement has labeled him the “victim” of this story, the facts leading up to the stabbing are apparently blurred. For example, one witness said that Cruthird was actually the one being assaulted by a small group of men when he pulled out a knife in self-defense. Other witnesses said that Nason was trying to break up a fight involving Cruthird and another person when he was stabbed.

Everybody seems to agree that the incident occurred around 9:30 p.m. outside of Cruthird's apartment building.

When the police arrived, they found Cruthird in his apartment bathroom washing his hands and face. According to police, they found Cruthird with an extremely swollen right eye and in need of medical treatment…which was provided after his arrest for armed assault with intent to murder, assault and battery with a dangerous weapon and assault and battery.

On Friday, the court ordered Cruthird held without bail pending a dangerousness hearing, which is scheduled for this Thursday.

Sam’s take:

If this story’s result seems confusing to you, then consider yourself about to learn an unfortunate, yet true, lesson regarding the criminal justice system.

Many people find themselves in physical altercations. Sometimes we, especially the younger folk, find it nearly impossible to “back down” when faced with an insult or a threat. After all, nobody wants to lose face. We all know that we could get hurt or worse. Sometimes, though, either that possibility does not occur to us at the time, or we are simply sure that we are up to the task.

But that is not the only threat facing you when in that position.

In this case, there seems to be conflicting stories about how the stabbing took place. At least according to the Item’s account, there were no reports that Cruthird actually started this brawl, which took place outside his own home. Further, it does not seem to be refuted that the group of others were the ones who attacked Cruthird…but nobody else seems to be arrested. Finally, Cruthird is said to have pulled out the knife in self defense and, while his injuries seem to suggest having had need of self defense, he is now being held without bail pending a hearing to decide whether or not he is a threat to the community if released. While I am not personally involved in this matter, I am willing to go out on a legal limb and bet that the prosecutor’s position is not simply that this man is a threat when attacked by a gang of men at his residence.

“So”, you ask, “this does not make any sense to you either, does it, Sam”.

Unfortunately, it does.

One fact is that that the police were not present at the event and so have no firsthand knowledge as to how it transpired. Another fact is that the most injured party was the stabee, Mr. Nason. Fact three is that it seems undisputed that, no matter how or why, Cruthird was the stabber.

And now the bottom line ugly fact about motivations in today’s criminal justice system…the obsession with covering one’s legal and publicity fearing behind. The explanation I have heard the most over the many years I have been entrenched in the courts is, “What happens if I let him go and he goes out and kills someone?” No, that is not a question. It is a statement. It is an admission that tomorrow’s headlines and lawsuits govern a great deal of what happens in the system. I also call your attention to the fact that there is seldom an outcry that someone is “too hard on crime”. And so, I will again gather the facts for you:

1. There was an altercation which the police did not witness;
2. Nason was stabbed and apparently seriously injured; and
3. Cruthird was the stabber.

All else blends into the confusion of the case and is to be determined later. For now, however, the stabber is going to be today’s defendant because if he were to go out and kill someone, there would be huge criticism, and perhaps lawsuits, against law enforcement officials in this case. That is also why, I would suggest, the prosecutor asked that Cruthird be held for a dangerousness hearing.

So, other than the daily gathering of information, what does this have to do with you? A lot. Obviously, if you are attacked by a group of people, you are going to try to defend yourself. However, if there is a choice between “backing down” and engaging in violence, you now have another reason to back down. Simply put, if you lose….you lose. You have lost face and perhaps a few vital organs. If you win…and you win too definitively…you are likely going to jail until it can all be sorted out. Later. Much later.

Assuming it is worked out in your favor, that is. See the need for an experienced lawyer in earlier blogs!

The full article of this story can be found at
http://www.thedailyitemoflynn.com/articles/2008/09/09/news/news09.txt

September 4, 2008

North Of Boston, An Alleged Teenage Crimewave Faces Actual Jail

Yesterday’s Salem Daily News told the tale of Angelo Diiorio, age 18. The young man, had been ordered by the court to confine himself to his home while awaiting trial on charges of vehicular homicide and child rape. In fact, he was even ordered to wear an ankle bracelet. According to the police, however, this condition of release was a bit too difficult for Mr. Diiorio to follow as he was found behind a Danvers business attending a meeting (scheduled fight) with another youth this past Saturday night. The court remedied the youth’s impulsivity by making him a guest of the Commonwealth for 60 days.

According to law enforcement, the two teens were arrested at approximately 10 p.m. as they were in mid-conference (“swinging at each other”) regarding a desired acquisition (a girl). The meeting was forcibly adjourned with the resulting charges of disorderly conduct, trespassing, and possession of marijuana. For poor lovesick Diiorio, however, these charges were the least of his problems as the arrest resulted in the court’s revoking Diiorio's bail in his pending Salem rape case. Diiorio had been indicted last year on a charge of rape, which involved the alleged sexual assault on an 11-year-old girl during a Christmas Eve gathering in Danvers in 2006. Two weeks later, on January 5, 2007, Diiorio was allegedly at the wheel of a 2000 Mitsubishi Eclipse when he lost control on Route 1 in Revere and crashed, killing a 17-year-old girl in Peabody, for which he faces charges of vehicular homicide and negligent driving to endanger. Investigators say the crash was caused when Diiorio and another driver decided to race each other on the highway.

The respective prosecutors in these cases opined to the court that his latest arrest indicates Diiorio doesn't take court orders seriously.

The court granted the request of prosecutors, ordering Diiorio held without bail for 60 days for violating the terms of his release. His rival in romance, however, was released on personal recognizance.

Sam’s take:
There are a few lessons here, even for those of us without Diiorio’s problems with women and impulsivity. Obviously, the varied criminal accomplishments at a very young age speak for themselves…they are illegal and can land you in jail.

What may not be obvious, however, is the fact that the seriousness of the charges were not even necessary for the court to hold Diiorio without bail for 60 days. Under Massachusetts law, any new arrest of a criminal defendant with a case pending can result in that defendant’s being imprisoned for up to 60 days without bail. This is because inherent in any bail conditions (even if released without bail) is an understanding that there will be no cause for a new arrest during the pendency of the case.

Many feel this is unfair given the fact that it is so easy to get arrest these days, even if actually innocent. For example, I have handled many cases where I am convinced that the only thing my client did wrong was either being at the wrong place/wrong time or to anger someone sick enough to use the criminal justice system simply to get revenge or the upper hand in some dispute. The fact is that even though the new criminal charges may prove false, and later either dismissed or the basis for an acquittal, the defendant will still have been held in custody. So much for the presumption of innocence.

The purpose of bail is primarily to ensure that the accused will show up on all court dates. However, there is a “safe streets” concern which enters the equation, especially in the case of violent crime. Even without that concern, however, the reasoning underlying the prosecutor’s successful argument in this case is that if Diiorio does not respect the court’s rulings enough not to get arrested or break the home confinement, he is likely to disrespect the court enough to not bother even showing up.

Think of it as if being released on bail was like being on probation. In actuality, it is.

The bottom line is that if you have a criminal case pending, regardless of how weak or strong you think it is, be extremely careful what you do and where you do it. Most of all, follow any conditions that have been imposed by the court!

The full article of this story can be found at
http://www.salemnews.com/punews/local_story_246235120.html

February 12, 2008

Massachusetts Man Sentenced to Five Years in Jail for Involuntary Manslaughter of Friend

In Suffolk Superior Court yesterday, Enrique Baez pled guilty to the shooting death of Cheyenne Baez. Judge Margaret Hinkle sentenced him to five years in Suffolk County House of Correction. 2.5 years of the sentence is for involuntary manslaughter, 6 months is for marijuana possession, and the remaining two years is for the illegal possession of two handguns. Enrique and Cheyenne were not related, but they were friends.

According to Boston police and investigators, Enrique, Cheyenne, and two other males were in Enrique’s apartment in Jamaica Planes on April 8, 2007. Enrique, 17-years-old at the time, had two guns. One of them was loaded, the other one wasn’t. While playing with the loaded gun, it went off. The bullet hit Cheyenne in the eye and killed him.

While on the stand, Enrique apologized for the murder and claimed that the shooting was an accident. Relatives of Cheyenne have expressed outrage at the five-year sentence, claiming that his death was murder and not an accident.

Judge Hinkle, Suffolk Assistant District Attorney John E. Powers III, and Boston police, however, are all in agreement that the evidence showed that the shooting was accidental.

Enrique had initially been charged with manslaughter. He had pleaded not guilty to the charges.

Relatives of victim decry jail sentence, Boston.com, February 12, 2008

Teen charged with manslaughter after friend is shot, Boston.com, April 10, 2007

Related Web Resources:

Massachusetts Law about Guns and Other Weapons

Massachusetts Homicide Law

Continue reading "Massachusetts Man Sentenced to Five Years in Jail for Involuntary Manslaughter of Friend" »

January 30, 2008

Massachusetts Judge Rejects Doctor’s Guilty Plea to Involuntary Manslaughter in Liposuction Fatality

Middlesex Superior Court Judge Wendie Gershengorn rejected the guilty plea to involuntary manslaughter charges made by Luiz Carlos Ribeiro in the 2006 death of a female patient. Ribeiro, who was a licensed doctor in Brazil but does not have a license to practice in the United States, performed liposuction on Fabiola DePaula, a 24-year-old Brazilian immigrant, in his basement in Framingham, Massachusetts.

Ribeiro had been hoping to strike a plea agreement by pleading guilty to involuntary manslaughter, but Judge Gershengorn turned him down. She says that she isn’t sure that his actions were reckless enough to warrant the plea.

Ribeiro says that he had all the equipment that he needed to perform the illegal operation on DePaula and that she would have died regardless of where the operation was performed.

Prosecutors disagree. They allege that Ribeiro did not have the proper equipment and safeguards to perform a liposuction operation in his basement. They say that DePaula’s death could have been avoided if the surgery had been performed at a hospital.

DePaula was administered illegal narcotics for the procedure. Following the procedure, she died at MetroWest Medical Center. Cause of death was listed as intraoperative complications from a liposuction procedure. She had paid Ribeiro $3,300 for liposuction and a nose job.

Ribeiro’s wife, Ana Maria Miranda Ribeiro, has already pled guilty to manslaughter charges and acting as his nurse. She was sentenced to a year in prison.

Judge rejects doctor’s plea in liposuction-related death, Boston Herald, January 30, 2008

Judge rejects guilty plea in fatal liposuction case, Boston.com, January 30, 2008


Related Web Resource:

A death after liposuction exposes busy illegal clinic, Boston.com, August 1, 2006

Liposuction

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