Boston Criminal Lawyer Blog

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

Deadly results.

Here is a tragic example from this past weekend.

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

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

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

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

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

She was held without bail.

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

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

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

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

One thing that you get enough of as a Boston criminal lawyer is human drama. An example is the 10-year-old boy who accidentally fatally shot his cousin in 2007 in Roxbury. He has now testified at the trial of the boy's mother, who is now facing an involuntary manslaughter charge for not properly storing the gun used in the shooting.

At the time of the incident, he was 7 years old.

The boy began his testimony with smiles...but that soon changed as he recalled the day at issue.

He recounted that he had been watching TV with Liquarry J., 8, (hereinafter, the “Deceased”) when the Deceased showed him the gun that he said belonged to his teenaged half-brother .

"I asked him if there were bullets in the gun. He said, 'No,'" the boy said.

"I did it by accident," he said.

Continue reading "Roxbury MA Homicide Of Child Re-lived In Gun Trial Against Mother." »

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" »

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

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

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

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

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

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

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

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

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" »

Mark Kerrigan, 45, has pleaded not guilty to the criminal charge of Massachusetts manslaughter. Mark is the brother of figure skating champion Nancy Kerrigan. Their dad, 70-year-old Daniel, died following an altercation with Mark at their Stoneham residence. The Kerrigans are adamant that Mark should not be blamed for his father’s death. They say that he should never have been indicted, and they want him to come home.

Mark’s Boston criminal defense lawyer says that Daniel died not because of his argument with his son but because he was having heart problems. The elder Kerrigan had clogged arteries and high blood pressure.

Prosecutors, however, claim otherwise. They say that Mark flew into a drunken fury during a dispute with his dad about using the telephone. They are accusing the 45-year-old of pushing his father, fracturing the elderly Kerrigan’s larynx, and causing him to fall onto his ground. A state medical examiner declared "cardiac dysrhythmia” as Daniel’s cause of death.

While prosecutors worry that releasing Mark into the care of Brenda Kerrigan, his mom, would endanger her, his Boston manslaughter attorney calls the concern “absurd” and an obvious effort to “poison public opinion” against her client. Mark’s Massachusetts criminal defense lawyer also contends that Daniel’s fractured larynix may have been a pre-existing injury rather than as a result of their dispute. She also expressed concern that her client was being portrayed as a violent alcoholic.

Mark, an unemployed plumber, has a criminal record involving convictions for assault and battery, drunk driving, a restraining order violation, resisting arrest, and domestic assaults. He was also being treated for post-traumatic stress syndrome and received psychiatric help.

Kerrigan returns home to mother, Boston.com, April 10, 2010

Kerrigan brother pleads not guilty to manslaughter, AP, April 9, 2010

Related Web Resources:
Nancy Kerrigan's Father Dead, Brother Arrested, ABC News, January 25, 2010

The General Laws of Massachusetts

Continue reading "Nancy Kerrigan’s Brother Enters Not Guilty Plea to Manslaughter Charge Over His Father’s Death" »

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" »

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" »

I know you’ve heard the story by now. Massachusetts is in the news again due to a celebrity crime story. This time, the celebrity, Nancy Kerrigan, isn’t really part of the story.

But the rest of the family is.

Mark Kerrigan, Nancy’s 45-year-old brother (hereinafter, the “Defendant”) has been accused of causing the death of their father, Daniel (hereinafter, “Dad”). No, the Commonwealth does not contend that the Defendant plotted to kill Dad and then executed the plan...it was more tragic than that.

The allegations are that the Defendant wanted to use the telephone, but Dad would not let him. An argument ensued and became physical. Finally, the Defendant is said to have grabbed Dad by the neck. Dad fell to the ground. The Defendant claimed he was faking...but that opinion obviously changed when the police came.

Dad died and the Defendant, allegedly drunk and unruly, was pepper-sprayed and arrested.

Continue reading "Kerrigan And Attorney Await Results Of Massacusetts Grand Jury" »

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!" »

You are driving around on a wintery Massachusetts night, maybe after a couple of drinks that you are sure did not effect you. All of a sudden there is a large bumping feeling and a sound that tells you that you have hit something. The temptation is to put the problem, whatever it may be, behind you and to get out of there fast. You think that to do otherwise is foolhardy and could cost you your license and the need to hire one of those criminal defense attorneys.

Avoid that temptation. The fact is that leaving the scene of an accident, whether physical injury to a person or simply property damage was caused, only makes a bad situation worse.

Let’s look at a couple of very recent examples.

17-year old Sandwich teen, Sarah G. (hereinafter, “:Teen Defendant”) began the new year after collecting a bunch of charges that were only made worse by leaving the scene. She is drove into the rear of a police cruiser. She then apparently tried to leave the scene but was apprehended shortly thereafter. She is now facing charges which include leaving the scene of an accident, unlicensed operation of a motor vehicle, failure to stop for police and underage alcohol possession, according to the Cape Cod Times.

Continue reading "Leaving The Scene Of An Accident In Massachusetts Brings The Need Of An Experienced Criminal Defense Attorney For Firefighter And Student" »

As winter weather, and Christmas movies, re-enter our lives this year, we are revisited today by a ghost of winters’ past. Yesterday, a “Not Guilty” plea was entered in court on behalf of Gerald H., 47, of Roslindale (hereinafter, the “Defendant”) as his attorney stood beside him. The Defendant was recently paroled from a 18-20 years in involuntary Commonwealth housing. Now, he stands accused of, among other things, armed robbery.

The Defendant was convicted of two homicides during the Blizzard of ’78. The weapons of choice then was apparently both knives and guns. He was convicted of manslaughter for one such stabbing occurring in 1977. The other homicide conviction was for second –degree murder. The crime involved the shooting of a man during an attempted robbery by three youths, one of which being the Defendant. He had been out on bail from the stabbing at the time.

On September 3rd, the Defendant was released from the Boston Pre-Release Center in Roslindale. As of yesterday, his is being held on one million dollars bail and a parole detainer. He is charged with the robbery of more than $21,000 from and the pistol-whipping of a city cab dispatcher.

Law enforcement claims that an officer on a paid detail saw the Defendant hailing another cab, caught up with the cab and arrested the Defendant at gunpoint. Recovered were two shopping bags full of money, a .38 caliber firearm.

Continue reading "Boston Murder Parolee Is Arrested For Robbery And Assault With A Gun" »

On Monday, we began the week discussing a case out of Quincy in which we had a dead woman discovered on Saturday and a man arrested in connection therewith the same day. We talked about it being a potential domestic violence matter and it became a general posting about homicide investigations and the need to get an attorney right away.

Well, the case has remained in the news and has only gotten more grisly.

Relatives and friends are still offering support to the “neighbor who would shovel your walk”, 52-year-old Joseph B. (hereinafter, the “Defendant”). He has now pleaded not guilty to the assault and eventual murder of 33-year-old Mary B. (hereinafter, the “Deceased”). According to the prosecution, the Defendant choked the Deceased into unconsciousness, had sex with her, then killed her.

We have also learned a bit more about the Defendant’s background. Apparently, according to his supporters, he has a history of mental illness.

He has been held without bail for the crimes which are now alleged to have occurred last Friday.

Continue reading "Follow up Blog on Quincy man charged with killing girlfriend in domestic violence rage" »

It’s been awhile since the Boston Criminal Lawyer Blog reviewed a story about a high speed chase. Today we discuss a racer who recently tried his luck against law enforcement. He won the runner – up prize; namely, the need for a criminal defense attorney.

The nearly 30-minute chase began after the Defendant fled from the scene of an accident. He is also said to have been driving with a suspended license.

James P., 42 of Pembroke (hereinafter, the “Defendant”) led the police on the chase on Sunday. The chase included driving in the wrong direction on each side of Route 24, speeds up to 90 miles per hour and sparks flying from two of his tires that were worn down to the rims. It ended with the Defendant’s arrest…seven years to the day after police had arrested him after another high-speed chase.

Continue reading "Suspect Driving With Suspended License Arrested After Leaving The Scene Of An Accident" »

According to law enforcement, the Los Angeles County Coroner has ruled that Michael Jackson’s death was a homicide.. On Monday, court documents were released that indicated that Jackson died of an overdose of propofol, a powerful sedative he was given to help him sleep. This, of course, increases the likelihood that Doctor Conrad Murray is about to experience the criminal justice system as he has been the apparent target of the manslaughter investigation. Be assured, though, his lawyer is prepared.

Dr. Murray’s attorney has already begun the defense by claiming that the police timeline of Jackson’s death is not accurate. Dr. Murray himself, who was said to be cooperating with the police investigation, released a YouTube video last week, as if from a bunker, thanking his supporters. This week, his position is that he told police the truth, but that said truth has been ignored or changed.

The bottom line for the coroner, however, is that the fatal combination of drugs given to Jackson hours before he died on June 25th in his rented Los Angeles mansion acted together with to cause Jackson's death.

Continue reading "Michael Jackson Update : Fatal Dosage Of Drugs Ruled Homicide" »

Between press conferences that threaten to bring the Professor Gates' arrest for disorderly conduct back into headlines, Boston joins the rest of the world in watching the latest Michael Jackson thriller. This time, it features potential clashes between the legal and medical professions and may well end up starring over a dozen doctors teamed up with their very own criminal defense attorneys.

Los Angeles detectives and coroners have been very busy gathering information on doctors who have treated Michael over the years. In fact, their pursuits have included making the requisite showing to courts in order to get subpoenas and search warrants to obtain medical files and search residences as well as offices.

It has apparently been determined that Jackson was taking a lot of drugs. No, we are not talking about illegal drugs such as cocaine and heroin. These are legal drugs...so long as you have a valid prescription. However, when misused, they can be life-threatening. It is said that Michael used more than two dozen aliases in order to get these drugs. Nineteen of these identities are apparently mentioned in affidavits used by law enforcement to secure search warrants in their investigation. These 19 were said to have been used in connection with Dr. Conrad Murray.

Dr. Murray was apparently Jackson’s primary doctor who had a very “hands on” attitude when it came to Michael. According to according to Kai Chase, a professionally trained chef hired by Jackson to, ironically enough, maintain a healthy food regimen, Dr. Murray was at the scene of the death. On that morning, however, Dr. Murray did not follow his usual procedure of taking Michael his breakfast foods and bringing down his oxygen tanks.

On the day that Jackson died, Ms. Chase saw the doctor do neither…which was a sign that something was wrong.

Continue reading "Boston Wonders If Doctors Will Be Arrested For Homicide In Michael Jackson’s Death" »

Investigators are going through the Las Vegas office and residence of Dr. Conrad Murray, Michael Jackson’s personal physician. The search is part of their probe into whether or not criminal charges will be filed in the death of the pop star.

The King of Pop, 50, died on June 25, 2009 from cardiac arrest. Jackson's untimely death not only caught the world by surprise but also caused speculation about the cause of his death. Final autopsy results are expected this week.

The latest searches involving Murray are taking place after a source familiar with the investigation told CNN that the doctor gave Jackson the drug that they believe killed him. The source says that Murray allegedly administered propofol to the singer (also known as Diprivan) just 24 hours before his death.

Assistant Special Agent in Charge Mike Flanagan, a spokesperson for the Drug Enforcement Administration, says the details of the search warrants have been sealed by a judge and cannot be revealed.

Last week, authorities in Texas went through Murray’s storage unit and medical office in Houston searching for evidence related to possible manslaughter. Investigators took Rolodex cards, certain medications, including clonazepam and phentermine, a computer, a couple of hard drives, and numerous documents.

Police have spoken with Murray two times since his death. The doctor’s attorneys, however, are refusing to comment about rumors and statements made by unnamed sources. They say that their client never administered or prescribed any medication to Jackson that would have caused his death.

Murray was the doctor with Jackson when he died. Jackson had hired him as his personal physician and was reportedly paying him $150,000/month.
Police search Jackson doctor's home, office, CNN, July 28, 2009

Michael Jackson's doctor becomes focus of manslaughter probe, LA Times, July 24, 2009

Related Web Resources:
Michael Jackson Dies, TMZ, June 25, 2009

Michael Jackson Funeral

Continue reading "Was Michael Jackson’s Death a Crime? Investigators Search Home of Pop Star’s Personal Physician" »

In Massachusetts, 49-year-old Abington resident Michael McGunigle is now charged with manslaughter over the death of another Abington man. McGunigle, 48, is accused of punching Brian Cherry on July 6 during an argument.

The altercation between the two Abington men allegedly occurred after Cherry asked McGunigle to restrain his dog. McGunigle's pet was barking, jumping at people, and scaring some of kids.

Cherry, who was knocked off his feet by the alleged punch, landed on the pavement. His head struck the ground and he sustained traumatic brain injuries. He died on Sunday.

McGunigle had initially been charged with aggravated assault over the incident. He pleaded not guilty and was out on $3,000 bail. After an autopsy was conducted on Cherry’s body, however, the Plymouth district attorney’s office changed the criminal charge to manslaughter. They are calling Cherry’s death a homicide because his cause of death was injury due to blunt force trauma.

Today, McGunigle turned himself in. At his arraignment in Brockton District Court, the Abington man was ordered held on $50,000 bail.

McGunigle maintains that Cherry was the aggressor.

A Massachusetts criminal charge for manslaughter is a serious offense that could lead to years behind bars if you are convicted. It can be especially tough to receive the fair trial that you are entitled to if the court of public opinion is against you. For instance, the media may portray you in an unflattering light or tell the story about your case in such a way that you appear to be guilty even if you haven’t been convicted in a court of law.

A good Boston criminal defense law firm will know how to navigate through the obstacles that can get in the way of you getting the fair treatment that you deserve under Massachusetts law.

Fight over barking dog leads to upgraded manslaughter charge, Boston.com, July 15, 2009

Wife: Man In Coma After Dispute Over Dog, WCVB TV, July 9, 2009

Related Web Resource:
Manslaughter, The General Laws of Massachusetts

Continue reading "Abington Man Accused of Aggravated Assault in Barking Dog Incident Now Charged with Manslaughter" »