Boston Criminal Lawyer Blog

As a result of a Saturday night incident, a Massachusetts juvenile and young adult will not be returning to school today.

One of the youths, a 16-year-old male(hereinafter, the “Defendant”) was arrested and charged with illegally carrying a Massachusetts firearm and ammunition. The matter is more than just another Boston gun possession case. The Boston Police Department became aware of the Defendant as they responded to a scene nearby in the South End after an 18-year-old male (hereinafter, the “Deceased”) had been fatally shot.

Law enforcement is unsure as to whether the Boston homicide and gun possession are related in any case. In fact, Boston Police spokesman James Kenneally said yesterday that no arrests have been made in connection with the homicide.

Clearly, the Boston criminal investigation continues.

What officials are ready to reveal is that the Defendant was among four folks in a gold-colored vehicle which officers stopped along Annunciation Road Saturday night about 1 mile from Tremont and West Brookline streets. It was at that location that police said they found the Deceased suffering from multiple gunshot wounds at about 7:20 p.m. Officers further indicated that the vehicle matched a description of a vehicle seen leaving the scene.

The occupants of the vehicle are said to have fled, during which chase the Defendant is alleged to have tossed the gun. The officers apprehended him…and the gun.

The Deceased was pronounced dead at Boston Medical Center.

A police officer seeking information from potential witnesses or those who knew the teen spoke with some of those who stopped at yesterday’s memorial.

Police urged anyone with information to call the homicide unit at 617-343-4470, or anonymously through the CrimeStoppers Tip Line at 1-800-494-TIPS.

Are you a youth? Do you have kids? Do you ever hang around with kids? Or people with guns?

You may want to read on, because there is something you should know.

Attorney Sam’s Take On Massachusetts Juveniles And Murder Cases

As an experienced Boston criminal lawyer, as well as a former New York prosecutor, I have been involved in my share of criminal investigations. It is axiomatic that the higher the profile of these matters the more pressure there is put on law enforcement to solve them.

Continue reading "MA Juvenile Arrests – What If Your Kids Are Questioned Or Investigated For A Crime" »

Nathaniel Fujita (hereinafter, the “Defendant”) has been charged with the Wayland murder of his ex-girlfriend, Lauren Astley (hereinafter, the “Deceased”).

The 18-year-old Defendant has been charged with a number of crimes, including first-degree murder. The case is pending in Middlesex Superior Court in Woburn. The body of the 18-year-old Deceased was discovered on July 4th off Route 27 in Wayland in a marsh. According to the Commonwealth, she had been strangled and her neck had been slashed.

The Defendant has pleaded “Not Guilty” to the murder charge as well as two counts of assault and battery with a dangerous weapon and a single count of assault and battery. He has been held without bail since his arrest.

During the Massachusetts bail hearing, the prosecutor presented a timeline of the events alleged in the days before and after the alleged murder. Part of this timeline was the reading of text messages allegedly between the Defendant and the Deceased. The last of these are said to have taken place shortly before the Deceasd’s death.

According to the Commonwealth, the Deceased had made various telephone calls and sent text messages to the Defendant in an attempt to discuss their situation and, perhaps, salvage a friendship. The prosecutor revealed as follows:

She wanted to talk. They decided to meet after she finished work.

“Call me when you get out,’’ Fujita wrote.

Astley drove to his house. She parked near the fence so his mother wouldn’t see.
Then she texted him one word: “Here.’’

It was the last message that she ever sent.

The Commonwealth sumarized, arguing that “In an act of friendship, [the Deceased] reached out to the defendant… The defendant reciprocated this act of friendship by killing her.’’

The Defendant was ordered held without bail until a Septembrt 22 pretrial conference, when his defense attorney plans to push for his release on bail.

Yes, good luck with that!

Attorney Sam’s Take On Texting And Bail Hearings

There are a few issues that are worth reviewing in this case, although, clearly, the matter has but begun its trek through the criminal justice system.

Continue reading "A Boston Criminal Lawyer Discusses Bail Hearing In Woburn Murder Case (Part One)" »

As this Boston criminal lawyer returns to his five-blog-a-week post (after a bit of vacation time), I came across a story which is not supposed to happen. We see it all the time, of course, on television and in the movies, but, miraculously enough, it does not happen all that often in the Commonwealth’s reality.

It is a tale of Roxbury murder. It the shooting death of a mother and teenager who were apparently suspected by a perpetrator of cooperating with the Commonwealth in a pending homicide investigation. The youth, 17-year-old Elvis Sanchez, was shot this month after he appeared at a courthouse. When there, the Commonwealth pressed him to testify before a grand jury. He was, after all, believed by the Commonwealth to have knowledge of the June 5th killing of Wilfredo Martinez, a 23-year-old cook who had been slain in the housing development near Sanchez’s Roslindale home. Sanchez’s mother was also killed in the shooting of her son.

And so, now believing the two homicides are related, criminal investigators are looking into both deaths. This is according to officials...who spoke on condition of anonymity.

According to a spokesman from the Suffolk District Attorney, Sanchez was not a “cooperating witness” in Martinez’s shooting or any other slaying. However, he was clearly brought to the Grand Jury in hopes that he would testify for the government. It is, however, unclear as to whether or not he actually did provide such testimony.

The killing of Sanchez and his mother, Elvira Pimentel, 43, has renewed concerns about the risks of providing police with information about crimes, a longstanding problem in many Boston neighborhoods. “People don’t understand that part of the reason why they’re uncooperative is because either themselves as individuals or their families are being threatened,’’ said the Rev. Jeffrey Brown, executive director of the Boston TenPoint Coalition, an antiviolence organization.

It also underscores the struggle of witnesses who must decide whether to come forward when they live in neighborhoods where even the perception that one has cooperated with authorities can be deadly.

There is a taxpayer-funded program which allows the Commonwealth to move certain witnesses and endangered relatives to other parts of the state for several months. Suffolk prosecutors often use this in cases gang violence, when intimidation has sometimes led to recantations and acquittals.

“We don’t leave people alone with their fear, and all we ask in return is the truth,’’ quoth the Commonwealth.

One remaining question that people seldom deal with, however, is what is that “truth”?

Attorney Sam’s Take On Murder Investigations And The Plight Of Witnesses

First of all, do not look for a Commonwealth conspiracy in the fact that Suffolk County will not reveal whether or not Sanchez actually gave information to the Grand Jury before he was slain. By law, proceedings in the Grand Jury are secret, at least until any resulting indictment is revealed.

Continue reading "A Roxbury Homicide Witness Is Subpoenaed To The Grand Jury And Then Murdered" »

The tragic results of the search for Celina Cass, the 11-year-old girl from Stewartstown, N.H. was announced earlier this week. After a nearly weeklong search, dive teams found the missing girl Monday about a quarter mile from her home. Assistant Attorney General Jane Young said the girl’s death was suspicious because of the condition of the body, but she declined to be specific.

How Celina came to be where she was found officially remains unknown. So far, even the autopsy has not been able to determine the facts.

Folks are understandably impatient and anxious to find an answer to the mystery. Almost from the start, the pressure was on the police for immediate answers. People were furious that the autopsy did not yield an immediate solution.

In the experience of this experienced Boston criminal lawyer, such pressure does not necessarily help the cause of Justice.

Quick results speedily obtained are often misleading. In this case, rushed suspicions of guilt began to be forecast right away...if you understood the “between the lines” messages.

A pickup truck parked near Celina’s home was towed away as they investigated the area of the house in which she lived. According to accounts, the bed of the silver truck was filled with two trash barrels, with a pizza box showing in one. A New Hampshire State Police major crime unit truck was also parked in the driveway along with another similar truck.

In the area...the all-too familiar scene of a town mourning its own remembers and questions. At a make-shift shrine near the home a note was left saying, "I promise to think of you each day. You are the greatest person. I love you Celina Cass. I miss you. You never deserved anything like this. I thank you for being a great friend and for being in my life. You are the greatest. I LOVE YOU!

On the radio yesterday, sound bites could be heard of suspicion and even a few folks indicating that they believe they know who the responsible party is. Of course, they don’t...but sometimes suspicions can be as powerful as truths. And when it comes to criminal justice, this is a very dangerous fact.

Meanwhile, almost as soon as the body was found, we were treated to little updates about Celina’s stepfather and his behavior.

Stories circulated among media outlets that “Celina’s stepfather was taken to a hospital Monday morning” and that he “was taken by ambulance after repeatedly lying down in the family’s driveway and rolling around, and video showed him dropping to his knees in the driveway and then lying face-down, with his head resting on his hands.”

During this time of crisis, reports were also released that the stepfather, in 2003, was “involuntarily committed to a hospital in Concord after he entered his girlfriend’s house in the middle of the night and threatened to throw her down stairs, according to court documents. An order signed by a probate judge indicated that he suffered from paranoid schizophrenia and believed corrections officials implanted a transmitter in his body to keep track of him.” Further, it was released that, in that case, he had “served in Operation Desert Shield before receiving a medical discharge from the Air Force because of schizophrenia. “

These statements were released even before any autopsy was performed.

Do you see where we are going here?

Attorney Sam’s Take On Murder Investigations And Rumor

Particularly if there is a history of any domestic violence, most police officers will tell you that, when someone disappears or is mysteriously found dead, the first suspects are members of the family. Sometimes it is a spouse. Sometimes it is a parent.

Continue reading "A Boston Criminal Lawyer Discusses Criminal Investigation And Homicide Charges in NH’s Death Of 11-Year-Old Girl" »

Blasphomy! Yet, I heard it myself on WBZ radio this morning!

Yesterday, the Casey Anthony jury in Florida shocked the nation, if not the world, by delivering a verdict of “Not Guilty” after her widely watched trial. Not guilty of killer her two-year-old daughter, Caylee. Not guilty of all the homicide counts. Guilty only of lying to investigators.

This may have surprised people...but that was not the unspeakable things to which I refer above.

The public is roaring “foul!” How could a jury listen to all the evidence as well as the law the judge told them and find the defendant not guilty of killing her daughter? After all, everybody else, who, incidently, did not have the jury’s vantage point, were convinced of her guilt! And they should know better, after all. They were mostly convinced of her guilt long before the jury was even sworn! Who are these Johnny-come-lately jurors to contridict general concensus?

Nope. Still not the misbegotten statements about which I speak.

The forbidden sentiments I heard on the radio were spoken by the prosecutor involved as well as an alternate juror in the case.

The DA said that he believed that the jury followed the evidence and the law! The alternate juror said he agreed with the verdict!

How dare they? People are comparing the verdict to the O.J. Simpson fiasco. Once again, according to uninvolved and comparatively uninformed public, the jury got it wrong. How dare the alternate juror and prosecutor suggest anything different?

To make matters worse, as everyone will tell you, the defendant may be set free after serving a mere 3 years in custody awaiting trial! How can that be the result simply because a silly little jury found her not guilty of homicide?

To add insult to injury, the defense attorney lashed out at the media after the verdict, saying, “ I hope that this is a lesson to those of you having indulged in media assassination for three years, bias, prejudice and incompetent talking heads saying what would be and how to be".

Many believe that this criticism was aimed toward legal scholars like Nancy Grace in her television show.

Incidently, do you remember the last time there was a public outcry over a finding of “gulity”? How about the first time? Can you even think of more than one instance when that occurred?:

Attorney Sam’s Take On The Assumption Of Guilt

“Sam, weren’t you going to continue writing about Whitey Bulger and prosecutorial advantage in the courtroom today? Is there some connection between the cases, other than Whitey’s being arraigned in federal court today for alleged Massachusetts murders, about which we are unaware?”

There sure is. Those two cases and just about any other criminal matter.

Continue reading "South Boston’s Whitey Bulger, Casey Anthony And Innocence" »

It is the fifth Brockton homicide this year so far.

19-year-old Brockton resident Frank J. Webb (hereinafter, the “Defendant”) is learning that “accidents happen” is not a defense in murder cases.

Particularly when said alleged accident takes place while one is breaking the law anyway. When Massachusetts weapons are involved, the Commonwealth is particularly unforgiving.

The Defendant is said to have gotten into a fight with another individual in Brockton this weekend. During said altercation, he is believed to have fired a handgun wildly in the middle of Main Street. The Commonwealth says that, while doing so, he fatally wounded a 51-year-old woman who was walking home from church.

He has been charged with the charges of murder and Massachusetts’ assault and battery with a dangerous weapon. Police allegedly recovered a .45-caliber handgun at the scene.

During the Brockton bail hearing, the Defendant’s attorney argued that his client had been living with his parents, working for a cutlery business, and studying at Massasoit Community College to get his GED. He also represented that his client had no convictions on his record. The prosecutor, however, pointed out that the Defendant had two open drug cases in the district court.

Attorney Sam’s Take On Murder And Bail Conditions

“Sam, yesterday you wrote about how bad it is for a lawyer to seem fake and that his/her credibility is important. I guess this lawyer has already blown his, right?”

Continue reading "Brockton Man Held Without Bail For Accidently Shooting And Killing Innocent Churchgoer" »

The scene is Suffolk Superior Court in Boston, Massachusetts. It is a Boston murder trial.

Shawn “Shanks” Daughtry of Roxbury is the 32-year-old gentleman hereinafter referred to as the “Defendant”. He is accused of shooting two people on September 20, 2007. One of them died. The other was the deceased’s mother.

Today, said mother, Sandra Duncan, is on the witness stand, weeping. She tells the jury of her 29-year-old son’s final words to her as he lay dying on the front porch of their home.

“He said, ‘Ma, who did this to me?’ ” she tells the jury. “He said it three times.”

This is not the first jury before whom she has testified. This is a re-trial. The Defendant is being re-tried for the first-degree murder of Urel Duncan. In the first trial, last May, the jury was deadlocked; it could not unanimously find the Defendant guilty or not guilty.

According to the Commonwealth, the Roxbury shooting was motivated by a feud with people associated with the Academy Homes housing development. In fact, the shooting took place outside the Duncan home in the development.

As it turns out, however, neither Urel nor his mother were involved with gangs. She says that she was in her bedroom when she heard what sounded like firecrackers.

“I saw my daughter crawling on her knees and saying, ‘Ma, (Urel) got shot,’ ” she said. “I see Urel lying back on the steps ... blood coming out of his head.”

Urel died the next day.

Continue reading "Roxbury Man Faces Jury Again In Boston Murder Trial" »

When we began discussing the tragic tale of Julianne McCrery (hereinafter, the “Defendant”), we concentrated on the Massachusetts outstanding warrant issues. Now, we look at the issues surrounding the apparent homicide of her little boy.

She has been arraigned on second-degree murder charges in New Hampshire for killing her child, where it is believed the actual homicide took place before the body was dumped in Maine.

The Defendant had written a book which was published in 2008, entitled Goodnight, Sleep Tight! How to Fall Asleep and Go Back to Sleep When You Wake Up. The book features numerous tips for better sleep, including suggestions about diet, relaxation, and meditation.

"I am way more freaked out about all the little things in life, and was forced to devise a plan in which to save myself from all the self-imposed static I create in times of fear." she wrote. When she is angry about something, she wrote, thoughts "go around and around like vicious sharks."

In a passage about her son, the Defendant wrote that he had major ear problems for eight months, and had "tantrums like you cannot imagine." She also explained that he did better after undergoing surgery, but "still rocks one wild tantrum after another when frustrated."

"Three is a tough age sometimes," she wrote, affectionately calling him "my little guy."

In another section, the Defendant briefly recalled losing the "love of her life," and other hard times. She wrote that, "I'm strong in my faith, but sometimes at night it is still very difficult to just halt my emotional turmoil in the midst of all of it," she wrote.

Continue reading "Mother Of Deceased 6-Year-Old Boy Faces Murder Charges (Part Two of Two)" »

The trial of Mark Kerrigan continues at Middlesex Superior Court in Woburn today. As you no doubt recall, Mark Kerrigan is the brother of Nancy Kerrigan, renown Olympic skater. She has had her own previous dealings with the criminal justice system…as a complainant. This time, she is supporting the defendant, her brother, who is being prosecuted for the Massachusetts homicide of their father.

Of course, in this blog, as in the criminal justice system, Mark Kerrigan is known as the “Defendant”.

There does not seem to be too much debate around the surrounding circumstances of the elder Mr. Kerrigan’s death. He was in some kind of altercation with the Defendant when he collapsed and died. According to the defense, including the deceased’s family members, he died as a result of severe blockage of his coronary arteries.

The Commonwealth disagrees. The chief medical examiner has testified that the death was caused by heart failure triggered by the physical altercation with the Defendant. He has opined that Mr. Kerrigan's fatal cardiac dysrhythmia -- a loss or interruption of a normal heartbeat was not only caused by the altercation, but that he also suffered an acute fracture of cartilage in his larynx, an injury prosecutors say the Defendant inflicted

Continue reading "Massachusetts Chief Medical Examiner Testifies At Mark Kerrigan’s Woburn Homicide Trial" »

Seventeen years ago, an unspeakable tragedy happened. It began with the disappearance of a 10-year-old-girl named Holly Piranien. It ended with news of a Sturbridge kidnapping and, apparently, a Brimfield murder. Holly had gone out to play with kittens while her family was on vacation. Her skeletal remains were found months later approximately 5 miles away from where she disappeared.

The Grafton family waited with hope as the criminal investigation began. First step was to find Holly. After they found what remained of the young girl, the search continued so as to find her killer.

The case was never solved.

Family, friends and law enforcement have not forgotten Holly, however. In fact, a billboard along Interstate 93 in Medford stands, asking for any clues that might be available at this late date.

"Justice needs to be served so this criminal does not strike again," Carla Piranien Bourassa, Holly's aunt said in a statement.

Continue reading "MA State Police Still Investigate The Kidnapping And Murder Of Grafton’s Holly Piranien" »

On Friday, we began talking about the testimony of New Hampshire murder suspect Christopher Gribble (hereinafter, the “Defendant”) on direct examination. I told you that I would discuss his cross examination today. As I also told you, I am not expert on New Hampshire law. I must say, however, that this Boston murder defense attorney would not be too optimistic about this particular client going home this side of life.

As you will recall, or check Friday’s blog (ok, it got posted Saturday), the Defendant has admitted to killing a Mount Vernon woman and trying to kill her young daughter. However, his defense is that he was legally insane at the time and so cannot be held responsible.

It is not unusual for proverbial sparks to fly during cross-examination. In fact, it is usually what the cross-examiner is hoping for. The dirty little truth, and something about which I have reminded you from time to time, is that perception is what generally effects the jury most...not simply the evidence itself. Therefore, if the cross-examiner can get the witness angry and seemingly annoying or unfair, then it is good for the cross-examiner. Often, this is more important than the words actually spoken by the witness.

Of course, in this case, I don’t see either as being too helpful for the Defendant.

Continue reading "The Boston Criminal Lawyer Blog Discusses Cross-Examination, Insanity And New England Murder" »

It is too bad that there are no awards shows for the criminal justice system. A couple of years ago, The Boston Criminal Lawyer Blog began presenting virtual memberships to the “Hey, I Bet I Can Make This Situation Worse!” club. Maybe we should revisit it. In the meantime, however, some kind of award should go out to the Nashua murder defendant, Christopher Gribble (hereinafter, the “Defendant”. As you may know he is on trial for a gruesome murder and associated crimes in New Hampshire.

If such award ceremonies were held, this year’s award for the most stunningly grotesque would go to the Defendant for his testimony at trial, second only to the scene of the crime itself.

It should be noted that the Defendant has admitted that he and his buddy Steven Spader (hereinafter, “Co-Defendant Buddy”) killed 42-year-old Kimberly Cates and tried to kill her young daughter. However, he has pleaded not guilty by reason of insanity.

While he was on the stand, the Defendant, during direct examination described in detail the details of the crimes he committed after he broke into the home and found his way to the bedroom where mother and daughter slept.

Continue reading "The Boston Criminal Lawyer Blog Discusses A Gruesome New Hampshire Murder , Insanity And Direct Examination" »

You might think that the new charges being brought against the man who calls himself “Clark Rockefeller” is likely to be called “The State of California vs. Christian Karl Gerhartsreiter”. It is likely, however, to have the subtitle of “Clark Rockefeller vs. Christia Karl Gerhartsreiter”...particularly if he has any thought of testifying on his own behalf or putting up any character witnesses.

First of all, let’s make all our lives easier and hereafter refer to him as the “Defendant”).

In case you have not heard, the Defendant, now resting semi-comfortably in Commonwealth involuntary housing, has now been charged with a new allegation. This time, it is the crime of a murder which apparently happened over 20 years ago. The authorities in California have filed a complaint in a Los Angeles County courthouse seeking the return of the Defendant to answer for said murder. The process for doing so is called “ extradition”. The issue in this process it whether the person seized is the right person the outside state, in this case California, is seeking. If and when that is established, then California will have a certain amount of time to come and get him...assuming Massachusetts lets him out of their custody to go to California. Since the states have interstate agreements that allow for the transfer of convicts between states so they can be prosecuted on other charges, and said charges involve murder, there is virtually no liklihood that Massahusetts will refuse to give him over.

Continue reading "Massachusetts Convict, “Clark Rockefeller”, Adds The Charge Of Murder To His Prior Accomplishments Of Kidnapping And Assault" »

Chelsea Massachusetts was the scene of a violent bloody altercation on Friday.

Oscar Guttierez-Nunes, a 27-year-old Chelsea man (hereinafter, the “Defendant”) has been arrested and charged in said altercation. By the end of the altercation, one man was apparently dead and two others were wounded. One of those injured remains in critical condition at Massachusetts General Hospital. The police learned later about the third complainant who had admitted himself into MGH with non-life-threatening injuries

In case anybody wondered, the Defendant was also wounded. According to police, he admitted himself into the hospital under a false name.

The Defendant is currently being held without bail and stands charged with murder and two counts of armed assault with intent to murder and is due back in court on April 7th.

Right now, this is being described as an “attack”. We do not know what that means. Was the Defendant in an a fight with three other guys and somehow got the better part of the deal? Did he even get the “better part”? We know that he was injured as well and one of the others has “:non-life-threatening” injuries. Was he simply a lunatic who attacked a group of men with a knife?

Continue reading "Chelsea Man Is Found In Hospital And Arrested For Murder And Assault With Intent To Murder– Attorney Sam’s Take" »

In Massachusetts, anything can be considered a dangerous weapon if it is used to commit assault and battery or homicide. We have discussed this many times. There are things, however, that should be clear to anyone to be a potential weapon. This would include an automobile and a gun. In the north-central part of the state, the town of Asby, these two weapons came confronted each other.

The gun won.

The gun was fired by a plainclothes State Police trooper( whose name has not been released and hereinafter, “Mystery Trooper”). Mystery Trooper shot and killed a man who was allegedly driving a motor vehicle in his direction...placing Mystery Trooper in fear, according to the authorities.

Mystery Trooper had been conducting a drug surveillance in the area, when he noticed activity he deemed “suspicious” from a silver Nissan Maxima inside of which was a lone lone male occupant.

Mystery Trooper tried to pull the car over, but the driver tried to drive away. Mystery Trooper followed until they reached a cul-de-sac. Mystery Trooper got out of his plainclothes vehicle and decided to stand in front of the vehicle, ordering the driver to get out of the car.

Continue reading "North Central MA Is Scene Of Police Shooting Death In Drug Investigation – Attorney Sam’s Take" »

While the investigation is still pending, police have already decided that a Springfield man lost his life to his live-in companion.

The police responded to the home of 45-year-old Joel Echols shortly before midnight on Friday. They found Mr. Echols suffering from various stab wounds.

Police responded to the Vinton Street home of 45-year-old Joel Echols shortly before midnight on Friday to find Echols suffering from multiple stab wounds in his chest. He was rushed to Baystate Medical Center in Springfield, where he was pronounced dead.

Police believe that there had been a domestic disturbance involving the Mr. Echols and his girlfriend/wife (this has not been established yet apparently). It is further believed that she won the argument by the deadly assault to his upper chest.

The companion, Beverly Caldwell, 41, has been arrested and charged with murder.

Continue reading "Springfield Man Murdered In Domestic Violence Incident – Attorney Sam’s Take" »

The Boston Housing Authority has had to close a nine-unit building for repairs, displacing nine families after three men allegedly set fire to a unit at the Bunker Hill housing development this week. The police say that the intended victims escaped through a window. Boston firefighters extinguished the two-alarm fire, but also had to rescue second-floor residents who were trapped by heavy smoke and fire.

Thankfully, no serious injuries were reported. According to the BHA, the families have been at hotels while the new apartments for them are sought. In the meantime, the families are being aided by the Red Cross.

James Burrell and Dashaun Lanair James, both 32 and of Charlestown, and Daniel Grayson, 28, of Roxbury, (hereinafter, collectively, the “Defendants”) have been charged with the blaze and have pleaded not guilty to arson of a dwelling and other related charges.

Bail was set at $150,000 for Burrell, $85,000 for James, and $50,000 for Grayson.

The Commonwealth believes that the arson was committed in connection with a drug debt. According to police, Burrell had been arguing with a man over said drug debt. Then, police say, the Defendants were standing in a hallway of the building shortly after midnight when a flammable liquid was poured under a unit’s door. Burrell is said to have ignited the liquid and then the Defendants all allegedly ran into a neighboring apartment building on Decatur Street.

Continue reading "Boston Area Men Are Arrested For Drug-Related Arson-Attorney Sam’s Take " »

Two years ago, a group of men capped off a friend’s funeral by allegedly committing murder. These gentlemen were in South Boston and are now hereinafter referred to, collectively, as the “Defendants”.

It was August, 2009, and the Defendants, dressed in their red tuxedos had apparently decided to go “clubbing” to drown their sorrows after the funeral. According to the Commonwealth, they had a verbal disagreement with 22-year-old Jose “Danny Alicea and two of his friends outside Club 33 on Stanhope Street.

These exchanged words were then capped by one of the Defendants’ allegedly throwing a bottle at their sparring partners. Yes, as in assault with a dangerous weapon (to wit: a bottle).

A melee erupted between the two groups.

Police arrived to find Mr. Alicea lying on the ground, bloody and unconscious. People were trying to wake him.

They couldn’t. He was dead.

Continue reading "Boston Mass Assault Results In Multi-Defendant Murder Trial- Attorney Sam’s Take " »

There are certain times that tend to promote domestic violence. Assault cases between family members, for example, seem to rise around the holidays. Is it the drinking? The being cooped up with one’s loved ones that makes one want to kill them? This varies.

Winter storms, such as the one we are experiencing at the moment also tend to bring about such crimes..

Today’s blog, though, is about a woman who apparently could not wait until the storm outside. Allegedly.

Shawntina Burston, 39, of Medford (hereinafter, the “Defendant”) has been charged with assaulting her husband. Said husband was transported to Lawrence Memorial Hospital. There, he was pronounced dead.

The Defendant is accused of attacking her, now ex, husband with a knife. She is scheduled to be arraigned today in Somerville District Court.

There is a veil of horror which shrouds murder cases, regardless of which side of the aisle you are on. I learned that years ago when I was prosecuting homicide cases and it continues today as I defend those charged..

In many such cases, one cannot help but turn away amazed at how one moment…one very bad moment…can end one life and shatter many others;.

Continue reading "Medford Woman Arrested For Domestic Assault Turned Homicide-Attorney Sam’s Take" »

It would appear that Fall River’s Shawn Drumgold, 45, (hereinafter the “Defendant”) has clutched defeat out of the jaws of victory. He was once wrongfully convicted of a 1988 Boston murder. He ended up being exonerated and released. He then even won a lawsuit, and a $14 million judgment for said conviction.

That's where the good news ends.

Yesterday, he was back before the bar of justice...now arrested on drug charges, including possession of a Class A substance with intent to distribute. After pleading “not guilty”, he was released on $500 cash bail.

According to a Boston police report, an informant told police earlier this month that drugs were being sold out of a particular Roxbury. Police raided the apartment on Wednesday, the report states, and recovered several bags of heroin and crack cocaine, as well as $304 cash from the Defendant’s person. He was arrested along with several other suspects, authorities said.

The Defendant had been released in November, 2003 after prosecutors said they believed he was wrongfully convicted because he did not receive a fair trial. In April 2008, a federal jury in Boston ruled that a city police detective violated the Defendant’s civil rights during the investigation by concealing that he gave money to a key prosecution witness before that witness testified in the murder trial. The jury awarded the Defendant $14 million, plus interest, in October 2009.

Continue reading "Fall River Man Released In Boston Murder But Held On Drug Charges- Attorney Sam’s Take " »