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.

August 15, 2010

Brockton Man Accused of Massachusetts Armed Robbery and Kidnapping of Escorts He Found through Craigslist

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

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

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

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

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

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


Related Web Resources:
CraigsList Massachusetts

The General Laws of Massachusetts

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

July 24, 2010

Two Worcester Men Accused of Stealing Car Charged with Massachusetts Kidnapping

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

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

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

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

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

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


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

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

June 25, 2010

Boston Dad Charged with Massachusetts Assault and Battery, Unarmed Robbery, Parental Kidnapping, and Larceny

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

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

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

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

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

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

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

The General Laws of Massachusetts

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

February 24, 2010

Massachusetts Kidnapper Faces Charges In Federal And Two State Courts

Message from a Boston criminal defense attorney to Ms. Kimberly J., 38 (hereinafter, the :Defendant”) – it is not as bad as you think.

It is actually worse.

The Defendant had been wanted by Massachusetts law enforcement in the alleged kidnapping Thursday of her half-sister’s one-year-old daughter. She has been apprehended in Altona, Pennsilvania and immediately arrested by investigating officers. The Defendant had been staying at a women’s shelter where she is said to have been using an alias and a stolen I.D.

Lest you think she is inconsistent, though, she was also allegedly driving a stolen vehicle .

The one that was apparently used in the abduction.

Continue reading "Massachusetts Kidnapper Faces Charges In Federal And Two State Courts" »

November 19, 2009

Woman Charged with Kidnapping Elizabeth Smart Pleads Guilty and Says Sorry

Wanda Eileen Barzee, the woman charged with kidnapping teenager Elizabeth Smart in 2002, has pleaded guilty to federal charges of unlawful transportation of a minor and kidnapping. The 64-year-old says she will plead guilty to state charges of conspiracy to commit aggravated kidnapping.

At her court hearing on Tuesday, Barzee issued an apology to Smart for the role she played in the teenager’s abduction. As part of Barzee’s plea agreement, she will help prosecutors with their federal and state criminal cases against Brian David Mitchell, who is her husband.

Now that she has pleaded guilty, Barzee is expected to serve 15 years in federal prison. Her formal sentencing has not yet taken place. If Barzee had been convicted, she might have been sentenced to life in prison.

Mitchell and Barzee are accused of kidnapping Smart, then age 14, from her home. Barzee has admitted that she encouraged her husband to abduct the young girl and that they planned the kidnapping together.

In her plea agreement, Barzee says that she helped her husband control, confine, sexually assault, and transport Smart out of state and back. Smart was found with the couple nine months after her abduction.

Barzee, who was been staying at a Utah State Hospital, was recently declared competent to stand trial following years of being forced to take psychotropic drugs while at the mental hospital. Her husband’s competency hearing is scheduled to continue on November 30. His defense attorney says that he is incompetent and cannot defend himself during a criminal trial.

Kidnapper apologizes to Elizabeth Smart, will cooperate, CNN.com, November 18, 2009

Captor of Elizabeth Smart to serve 15 years, Los Angeles Times, November 18, 2009


Related Web Resources:
Read the Plea Agreement (PDF)

Timeline of Smart Case

Continue reading "Woman Charged with Kidnapping Elizabeth Smart Pleads Guilty and Says Sorry" »

November 5, 2009

Knife-Wielding Boston Robbery Suspect Is Arrested For Assault With Intent To Murder Charges

On Monday night, a Boston Police Officer, along with his sidekick, a valet, grabbed an alleged knife-wielding carjacker who had robbed a woman of her pocketbook. The chosen victim was a 61-year old female. Now, the suspect needs a good lawyer if he has any hopes of seeing the light of day anytime soon.

It began at approximately 7:31 pm for the officer. He was approached by a parking valet who reported that a woman was just robbed of her purse and the suspect was running down the street. The officer was then supplied with a description of the suspect and directed to the area where he was last seen.

The officer and parking valet then ran down Congress Street towards Quaker Lane where an individual was observed and identified by the parking valet as the perpetrator. As the officer approached Richard M., 48, of Boston (hereinafter, the “Defendant”). The Defendant was apparently seen to be concealing what appeared to be a purse under his shirt. The officer also observed him to have a large knife in his right hand. The officer ordered the suspect to drop the knife to which he complied. At this time, the suspect was given the Commonwealth Bracelets of Shame while the officer further investigated the matter.

Continue reading "Knife-Wielding Boston Robbery Suspect Is Arrested For Assault With Intent To Murder Charges" »

August 29, 2009

Jaycee Lee Dugard Kidnapping: Husband and Wife Plead Not Guilty to 29 Felony Counts, Including Forcible Rape, Kidnapping Someone Under Age 14, and Kidnapping for Sexual Purposes

In court on Friday, registered sex offender Phillip Garrido and his wife Nancy pleaded not guilty to 29 felony charges in the kidnapping of Jaycee Lee Dugard. Dugard was just 11 when the couple abducted her in 1991 while she was walking to her school bus stop. Her stepfather saw the abduction but was unable to stop it.

The Garridos are each charged with:

• 1 count of kidnapping someone younger than age 14
• 1 count of kidnapping for sexual purposes
• 4 counts of forcible rape with a special allegation of one strike
• 2 counts of forcible rape
• 7 counts of a forcible lewd act on a child, with special allegation of kidnapping a victim younger than age 14 for sex
• 1 count of false imprisonment by violence with special allegations of use of force, violent sex offenses, a stranger victim, and substantial sexual conduct with someone younger than 14

Phillip Garrido is also charged with a special allegation of 2/3 strikes because he has two prior convictions for kidnapping and forcible rape.

The couple is accused of keeping Dugard in sheds in their backyard for 18 years. While in captivity, Dugard bore two children, now 11 and 15, that Garrido fathered. The kids have never seen a doctor or gone to school.

On Tuesday, Garrido and his two daughters were stopped at the University of California at Berkeley campus where he was trying to give out literature and speak. Police approached him because they felt that the dynamic between him and the two girls was “suspicious.” A background check revealed that Garrido had been convicted for kidnapping and rape in 1971 and had served time in prison.

Garrido was asked to appear at his parole office the following day. He showed up with his wife and a woman named Allissa. The parole officer had never seen Allissa or the two girls. Allissa was later identified as Dugard and Garrido has admitted to kidnapping her. Phillip says he is relieved that he was finally caught. Police had been searching for Dugard for almost two decades.

Couple faces 29 felony counts, life in jail in kidnapping, CNN.com, August 28, 2009

Jaycee Lee Dugard Found After 18 Years, Kidnap Suspect Allegedly Fathered Her Kids, ABC News, August 27, 2009

Related Web Resources:
Map: Antioch home of Garrido and Jaycee Lee Dugard, Mercury News, August 27, 2009

Jaycee Dugard is Missing, MySpace Page

Continue reading "Jaycee Lee Dugard Kidnapping: Husband and Wife Plead Not Guilty to 29 Felony Counts, Including Forcible Rape, Kidnapping Someone Under Age 14, and Kidnapping for Sexual Purposes" »

June 30, 2009

Hanover Man Pleads Not Guilty to Kidnapping and Attempting to Rape 6-Year-Old Neighbor

Massachusetts prosecutors are accusing a 26-year-old Hanover man of kidnapping, attempting to rape, and injecting a 6-year-old girl with an unknown substance. During his arraignment in Hingham District Court yesterday, Justin Shine pleaded not guilty to charges of attempted rape, kidnapping, assault and battery, and resisting arrest. He is being held without bond until his dangerousness hearing, which is scheduled for Wednesday.

Among the allegations against Shine:
• He was high on cocaine when he abducted the girl.
• He got her to enter his apartment by telling her he had gerbils and guinea pigs.
• He injected her with a substance that made her drowsy.
• He bound her hands using black tape, shackled her ankles, and put tape on her mouth.

As police searched the apartment complex for the girl, Shine slit his own wrist. The girl either was let go or escaped. She did not sustain physical injuries. Police claim that Shine resisted arrest but they were able to subdue him.

Neighbors say that the Shine and the girl live near each other in Hanover Woods, a Massachusetts apartment complex.

Kidnapping
Kidnapping consists of secretly or forcibly imprisoning a person or keeping the victim confined against his or her will. This crime can comes with a maximum 10-year prison sentence in Massachusetts. A defendant convicted of kidnapping could be ordered to face a lengthier prison sentence if he or she used a dangerous weapon when committing the crime, caused serious sexual or other physical injury to the victim, kidnapped a person younger than age 16, or abducted someone for monetary gain.

Kidnapping, aggravated kidnapping, and kidnapping with the intent to extort money are serious criminal offenses in Massachusetts. You cannot battle these charges without the help of an experienced Boston criminal defense lawyer. There may be insufficient evidence in your kidnapping case, or the alleged crime may be one involving mistaken identity or a misunderstanding. Your Massachusetts defense attorney can combat the charges that were filed against you.

DA details alleged kidnapping in Hanover, Boston.com, June 29, 2009

Girl's Horror In Hanover Kidnapping Revealed, WBZ, June 29, 2009

Related Web Resources:
The General Laws of Massachusetts

National Child Kidnapping Facts, Polly Klaas Foundation

Continue reading "Hanover Man Pleads Not Guilty to Kidnapping and Attempting to Rape 6-Year-Old Neighbor" »

June 9, 2009

Clark Rockefeller Kidnapped His Daughter Out of Pure Madness, Says His Massachusetts Criminal Defense Attorney

A Massachusetts jury spent more than 3 ½ hours deliberating the fate of Clark Rockefeller before going home for the day. The 44-year-defendant is charged with kidnapping his 7-year-old daughter last summer. During closing arguments, the prosecution had urged the jury to think of the defendant as controlling, self-centered, and an expert manipulator—albeit with a personality disorder—Rockefeller’s defense attorney argued that his client suffers from an acute mental illness and that it was “pure madness” that drove him to take his daughter.

He also contended that there is no way that Dr. James A. Chu, the psychiatrist for the prosecution, could have properly diagnosed his client after just one 2 ½ hour session. The defense noted that its own mental health experts, who were trained in forensics and had evaluated dozens of defendants in the past, met with Rockefeller 14 times for a total of 28 hours.

Rockefeller had pleaded not guilty to the kidnapping charge by reason of insanity after he abducted his daughter on July 27 during a supervised visit. They traveled to Maryland and he was arrested six days after they disappeared. His daughter Reigh was found unharmed. He is also is charged with assault and giving police a false name.

Rockefeller’s Massachusetts kidnapping case has drawn national attention in part because of his interesting backstory. His real name is Christian Karl Gerhartsreiter and he reportedly has used five different aliases over the years, including pretending to belong to the famous Rockefeller family.

He later married Sandra Boss, who is Reigh’s mother. Boss says she never doubted her husband’s personal history until she hired a private investigator when they got a divorce in 2007. Rockefeller’s attorney claims that Rockefeller "went over the edge" after Boss filed for divorce and he lost custody of his daughter. Rockefeller believes his daughter was using telepathy to tell him that she needed to be saved.

'Clark Rockefeller' kidnapping case goes to jury, Google/AP, June 8, 2009

Defense closing: Rockefeller not 'playing with a full deck', Boston.com, June 8, 2009


Related Web Resources:
Clark Rockefeller Case Timeline, Boston.com

Massachusetts Laws, Justia

Continue reading "Clark Rockefeller Kidnapped His Daughter Out of Pure Madness, Says His Massachusetts Criminal Defense Attorney" »

April 23, 2009

Boston criminal defense lawyer seeks to move high- profile case out of Suffolk County

By now, you have probably heard of the gentleman who has allegedly chosen the name “Clark Rockefeller”. The Commonwealth says his real name, or part of it, is Christian K.G. We, however, will simply call him the “Defendant”.

He is facing charges in Boston for parental kidnapping. However, his attorney is arguing that it is too prejudicial to have the trial in the city and that the matter should be moved to western Massachusetts.

The reason?

The defense argues that, because of the extensive media coverage, the potential jury pool has been tainted to the extent that it is impossible for the Defendant to receive a fair trial.

The argument is based on a survey done for the defense which found that more than three-quarters of respondents in Suffolk County — where potential jurors would be culled — said they were aware of the case. Of those, roughly half said they believed he was guilty.

"That’s a staggeringly high figure, even for a high-profile case," said the Defendant’s attorney.

The prosecutor, however, not to be outdone in his mathematical abilities, countered that the same poll found 52 percent of county residents had not formed an opinion.

Continue reading "Boston criminal defense lawyer seeks to move high- profile case out of Suffolk County" »

April 16, 2009

28-Year-Old Mother Charged with Raping and Killing 8-Year-Old Female Neighbor

A 28-year-old mother has been charged with the murder, kidnapping, and rape of an 8-year-old girl. Melissa Huckaby was arrested last Friday in California following the discovery on April 6 of Sandra Cantu’s body in a suitcase. The piece of luggage containing her body had been thrown in a pond at a dairy farm.

Cantu was last seen on April 27 in the Tracy mobile home park where she lived. Huckaby and her 5-year-old daughter also have a home there, and Sandra and Huckaby’s daughter were playmates.

Huckaby is a Sunday school teacher. She owns the suitcase that Sandra’s body was found in and claims that someone had stolen it.

Police searched multiple locations, including the church where Huckaby taught, to find Cantu. They are also trying to find out of if there may be more victims.

Formal charges against Huckaby include one count of murder with the special circumstances of rape with a foreign object, murder in the course of kidnapping, and lewd or lascivious conduct with a child. If convicted, Huckaby could face life in prison or be put to death. Huckaby is expected to enter a plea to the criminal charges on April 24. According to KCRA 3, a Local California TV station, investigators say that Huckaby admitted to killing the 8-year-old girl but that the death was accidental.

Huckaby, who remains behind bars, has been placed on suicide watch. She has also undergone a mental health evaluation that is being presided over in the mental health court. Any mental issues would impact the criminal case against her.

The 28-year-old reportedly has suffered from depression and in recent years experienced a series of setbacks, including divorce and bankruptcy. She is also on probation for a petty theft charge that she pleaded guilty to in November 2008.

First court appearance: Tracy woman accused of murder, rape in Sandra Cantu's death, Mercury News, April 15, 2009

Slain girl's family express 'shock and disbelief' at neighbor's arrest, CNN, April 11, 2009

California girl, 8, disappears after playing with friend, CNN, March 31, 2009

Related Web Resources:
Women of Death Row

Women and the Death Penalty

Continue reading "28-Year-Old Mother Charged with Raping and Killing 8-Year-Old Female Neighbor" »

March 9, 2009

Harrowing Drive To Boston Leads Alleged Sex Crime Carjacker To Court, Defense Attorney And Incarceration

Last week, he was trying to get to Boston. Now, he is in Bridgewater. The state hospital, that is, for a mental evaluation. He was not going to make it to his desired location anyway. The prosecuting attorney already convinced the court to hold him without bail.

It is the tale of Jquan D., 30 (hereinafter, the “Defendant”). Last Wednesday night, he allegedly carjacked a car, and kidnapped three women, for his wild ride. Those felonies were not enough for the Defendant, though. He is also said to have repeatedly punched and threatened to rape and kill the women whom he ordered to drive to Boston. According to police reports, the Defendant kept explaining that he did not want to strike them, but “the spirit is going to get him”, which, apparently, caused him to nonetheless hit the 21 to 22 year old women several times.

One of the women lives in Fitchburg. The other two had come to visit when the ordeal began. The three women were outside the car, and the driver told police she had gone to move items into the back when the Defendant, who she did not know, approached and said the women were supposed to get into the car.

“She stated that once she saw him, he was striking her friend in the back seat and that he would kill them all,” Officer James S. McCall wrote in his report. “She stated that she started to resist when she was struck in the mouth by him.”

The punch sent her tooth into her lip, she said, and the man continued to hit her as she drove and made repeated threats to kill them.

Continue reading "Harrowing Drive To Boston Leads Alleged Sex Crime Carjacker To Court, Defense Attorney And Incarceration" »

January 22, 2009

Homicides, Assaults, Rape And Carnage In Shooting Spree One Hour South Of Boston

Kieth L, 22, (hereinafter, the “Defendant”), described by the Boston Herald as a “mama’s boy” is in big trouble today. He is scheduled to stand before a judge in Brockton Court. At this very moment, his attorney is wondering what he can say to get his client out on bail.

He may as well not even try. His client is not going anywhere.

The Defendant is charged with the most serious of charges, stemming out of an extremely violent scene in Brockton yesterday. He is alleged to have been raping a handcuffed Cape Verdean woman when the woman’s sister walked in. He is said to have shot the “intruder” to death and shooting the rape victim several times as she ran for help.

An elderly homeless man who may have witnessed the carnage in the middle of Clinton Street was also gunned down,, while two hero Brockton cops who captured the rampaging gunman cheated death by inches

A neighbor who lives across the street from the sisters said the surviving sibling still had handcuffs dangling from one wrist when he ran outside to assist them after hearing gunshots.
“I looked outside and saw one of the girls running, blood all over her,” he said. “I grabbed her and sat her down and told her to hang on while I ran to her sister, who I could see a distance away. But I could see her sister was already dead.”

Continue reading "Homicides, Assaults, Rape And Carnage In Shooting Spree One Hour South Of Boston " »

January 13, 2009

New Bedford Man Charged with Killing His Ex-Girlfriend and Mother and Kidnapping 12-Year-Old Girl Has Prior Assault and Battery Convictions

The Boston Herald is reporting that the New Bedford man charged with the murders of his mother and ex-girlfriend and in the kidnapping of a 12-year-old daughter has previous criminal convictions going back as far as 1992. Gary Gomes was arrested and charged last week after the two women’s bodies were discovered.

His mother Katherine Gomes’s body was found under an inflatable bed in her apartment. The body of Gary’s ex-girlfriend, Robyn Mendes, was found in another room. Both women had been fatally stabbed.

Prosecutors claim that Gomes dressed up Mendes’s body and put make up on her face after he murdered her. Gomes is also accused of going to Mendes’s house after the slayings and holding her 12-year-old daughter hostage while waiting for her husband to arrive so that he could kill him.

According to Gomes’s CORI record:

• He was convicted in 2006 of assault and battery for using a car as a dangerous weapon.
• He pleaded guilty in 2005 to assault and battery with a knife.
• In 2004, he was convicted for larceny and assault and battery.
• In 2001, he pleaded guilty to assaulting a prison guard with a tray.
• In 1996, he was convicted of breaking and entering and larceny, assault and battery with a chair, receiving stolen goods, and destruction of property.
• In 1993, he was convicted of drug possession and breaking and entering.
• In 1992, he was convicted of assault and battery, malicious destruction of property, and breaking and entering.

Gomes and Mendes shared a rocky relationship history with one another. Gomes was charged for allegedly beating her on two occasions and she filed restraining orders against him in 2006 and 2005. Mendes’s family members claim that the 48-year-old mother almost filed attempted murder charges against him after one domestic violence incident but she changed her mind.

Gomes’s Massachusetts criminal defense attorney promises to vigorously defend his clients against these latest charges and has requested the court’s help in retrieving electronic information that might be relevant to the case and Gomes’s defense.

Defense attorney for Gomes says electronic info could change case, SouthCoastToday.com, January 10, 2009

Double-slay suspect has 20-year rap sheet, Boston Herald, January 12, 2009


Related Web Resource:

Massachusetts Law About Criminal Records, Massachusetts Trial Court Law Libraries

December 29, 2008

Boston Area Nanny Accused Of Kidnapping Baby, But It Is Not Her Who Needs The Criminal Lawyer

It may be that the Boston area is simply a dangerous place for a nanny. Several years ago, we had that case in Cambridge where a British nanny was accused (and, actually, convicted) of killing a baby. The case made international headlines. She did have an extremely experienced criminal lawyer on her side and...guess what? She ended up going home when it was all over.

Well, this case is a tad different and the attorney ends up not being needed for the nanny after all. In fact, there was no nanny. Not even a baby. And the outer-Massachusetts part of the drama did not take place overseas, but in Miami, Florida.

You remember Florida, don’t you? Another fraud, to the tune of billions of dollars, was recently discovered there.

Meagan M., 22 (hereinafter, the “Defendant”) is a Miami woman who is alleged to have come up with an inventive way to try to keep her man. She made up a baby.

Well, kinda. She tried to do it the regular way, but did not suceed. Apparently, she lost the baby due to a miscarriage three months into the pregnancy. However, Miami police said the Defendant pretended to carry the baby to full term in order to keep her boyfriend, John B., 26, (hereinafter, “Big John”) from breaking up with her. She even named the phantom child, giving it Big John’s last name.

The real problems began when Big John wanted to see the child after its alleged birth. So, the Defendant did what seemed to be the logical thing...she reported that the baby had been kidnapped, and then reported the baby missing to police.

Now, what could be more romantic than that?

Continue reading "Boston Area Nanny Accused Of Kidnapping Baby, But It Is Not Her Who Needs The Criminal Lawyer " »

December 7, 2008

OJ Simpson Sentenced to at Least Nine Years in Prison for Armed Robbery

Former football great OJ Simpson has been sentenced to up to 33 years in prison—with the possibility of parole after 9 years—for his involvement in an armed dispute at a Las Vegas hotel. On October 3—13 years to the day that the 61-year-old was acquitted of murdering his wife Nicole Brown Simpson and her friend Ron Goldman—Simpson was convicted of 12 charges of armed robbery, assault with a deadly weapon, and conspiracy to kidnap.

During his sentencing hearing in Las Vegas, Simpson, 61, apologized to Judge Jackie Glass, saying he never intended to hurt anyone and that he was only trying to get back his property. He acknowledged he was wrong in approaching the confrontation the way that he did and said that he didn’t know that he was breaking the law.

On September 13, 2007, Simpson led a group of men, a few of them armed, into a room at the Palace Station Hotel and Casino. They were supposed to get sports memorabilia back from dealers Al Beardsley and Bruce Fromong. Simpson claims the items were stolen from him.

Simpson denies knowing that any of the men planned on bringing weapons, but two of his co-defendants claim that he told them to bring guns.

Four of the other men charged with the armed robbery crime worked out deals with the prosecution and testified against Simpson and co-defendant CJ Stewart. Simpson and Stewart were found guilty of all charges against them.

Criminal defense attorneys for Simpson say they intend to appeal the verdict. They say Simpson was unable to obtain a fair trial because of the infamous 1995 murder trial. Even though a Los Angeles jury found him not guilty of the murders of Nicole and Ron, the former football hero became a social outcast and many people in the public continue to question his innocence.

Anyone charged with any crime in the United States is entitled to a fair criminal trial—even if he or she is an infamous person or has been charged or convicted for unrelated crimes in the past.

O.J. Simpson to serve least nine years in prison, CNN, December 5, 2008

Simpson Sentenced to at Least 9 Years in Prison, New York Times, December 5, 2008


Related Web Resources:

O.J. Simpson Police Report, TMZ, September 13, 2007

The Simpson trial timeline, USA Today

Continue reading "OJ Simpson Sentenced to at Least Nine Years in Prison for Armed Robbery" »

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 3, 2008

Boston Narcotics Detective Drunk, Assaultive And Indicted Outside The Commonwealth.

Well, it just goes to show you…nobody is immune to the criminal justice virus.

Ask most members of law enforcement, and they will tell you that there is a big difference between “us” and “them”, referring to themselves and the “perps” they go after on a daily basis. The difference? Well, that “we” are the good guys and “they” are the bad guys, of course.

Hm. Somebody apparently forgot to mention this to Boston police detective Sgt. Thomas J. (hereinafter, the “Defendant”). He is alleged to have gotten a bit confused about this difference back in March during a trip out of town. In fact, it was in Savannah, Georgia, where he was celebrating St. Patrick’s Day. His actions during that vacation have now earned him an even longer respite from work now that he has been suspended without pay from the force. The suspension came when the eight-count indictment was handed down last week. Before that, the highly respected drug detective had simply been on paid leave from the department since March 15th.

Savannah police say that the Defendant followed a group of women back to their home and pounded on the door, saying he was a police officer and demanding they open up. He then attempted to force his way inside and struggled with one of the women at the door, police said.

He soon overpowered the women and pulled them outside, where he forced them to the sidewalk but made no further demands, police said. Instead, he fled. However, that course of action apparently works as well in Georgia as it does in Massachusetts. The Savannah police caught him.

According to the indictment, he then resisted arrest. Yes, same result as when it happens in the Commonwealth.

Continue reading "Boston Narcotics Detective Drunk, Assaultive And Indicted Outside The Commonwealth. " »

August 21, 2008

Boston Deputy Fire Chief Charged With Rape, Kidnapping, and Impersonating a Police Officer Pleads Not Guilty

In Brockton District Court, Boston Fire Chief Peter Pearson was arraigned on Wednesday on charges of impersonating a police officer, armed kidnapping, and rape. He pleaded not guilty to the charges and posted $50,000 cash bail. He will have to wear a GPS monitoring device.

The charges are related to an incident that occurred in Brockton a few months ago. The alleged victim, who had been detained on the charge of being a common nightwalker, said that she had been raped by a patrol officer a couple of weeks prior to her arrest.

Earlier this week, the alleged victim identified Pearson as the man that pretended to be a police officer and raped her at gunpoint. She and her boyfriend had seen him walking down Haverhill Street, and they contacted police who apprehended the deputy fire chief.

At Pearson’s arraignment, a prosecutor accused Pearson of stalking the victim for three weeks before pretending to be a cop and kidnapping her at gunpoint. The deputy fire chief is licensed to carry a firearm.

Pearson's defense attorney calls the allegations baseless. Boston police say there is no physical evidence connecting the deputy fire chief to the rape. Pearson has been married for 30 years and has two children. He has worked for the Boston fire department for over 20 years, where he is the Division 2 deputy chief.
Fire official pleads not guilty to rape, Boston.com, August 21, 2008

Deputy fire chief accused of rape, BostonHerald.com, August 20, 2008

BFD deputy Pearson faced sex for a fee charge in 1996, BostonHerald.com, August 20, 2008


Related Web Resources:

Boston Fire Department

The General Laws of Massachusetts

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May 5, 2008

Massachusetts Man Apprehended After Amber Alert Is Issued Pleads Not Guilty to Kidnapping His Son

In Cambridge District Court last week, Arlington resident Michael Whalen pled not guilty to kidnapping, threats, and receiving stolen property over $250. A statewide Amber Alert had been issued in Massachusetts on Wednesday after Whalen’s six-month-old son Lucas disappeared.

The baby’s disappearance happened after a Massachusetts Probate and Family Court judge awarded custody of Lucas to his aunt, Sheila Boyle, who cited concern over the baby’s well-being as reason for the custody request. When Boyle went to retrieve the baby, he was gone.

amberalert3.jpg

A Massachusetts prosecutor said that Michael, 42, had threatened to kill Lucas, shoot five people, and commit suicide if anyone tried to take his son. A SWAT team arrested him on Thursday after his rental car was discovered at a Burlington hotel parking lot. Because the car was overdue, he was charged with receiving stolen property.

Lucas was found with Danielle Boyle, who is the baby’s mother and Michael’s girlfriend. A cab driver took Danielle and Lucas to the Arlington police station because she did not have money to pay for her taxi ride. She has not been charged with committing a crime.

Michael’s lawyer says no one saw baby Lucas with his father after he disappeared. In Massachusetts, a parental kidnapping conviction comes with a maximum sentence of one year in the house of corrections.

According to the DSS, the couple has two other children that were put up for adoption after the parents’ legal rights were terminated.

Michael was ordered held on $25,000 bond. He has 72 prior criminal convictions—many of them for minor traffic violations.

Infant's father charged after Amber Alert set off, Boston.com, May 2, 2008

Prosecutor: Arlington father threatened to kill 6-month-old son in rampage, May 1, 2008


Related Web Resource:

Amber Alert

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