Boston Criminal Lawyer Blog

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" »

Amy Bishop Anderson, a University of Alabama biology professor, is charged with one count of capital murder in the deaths of two other professors and one professor’s assistant. Three other people, a staff member and two faculty members, were injured. The shooting happened on campus on Friday at around 4pm during a biology department meeting.

In 1986, Anderson, who has been employed at the University of Alabama since 2003, fatally shot her brother in Braintree, Massachusetts following what one police officer says was an argument. No charges were filed in what a police log lists as an accidental shooting.

Massachusetts Homicide Cases
While there is no death penalty in Massachusetts, there are serious penalties for those charged with homicide. The crime of murder in the first degree comes with a life prison sentence without parole—that is the maximum prison sentence allowed in the state. Other serious homicide charges include murder in the second degree, involuntary manslaughter, and voluntary manslaughter. In Massachusetts homicide cases, intent, motivation, and negligence are key factors in determining what charge to file against someone. This is not the kind of criminal case that you want to be a defendant of without having an experienced Boston homicide lawyer defending you and protecting your civil rights.

There are so many reasons why a person should be found not guilty of a crime. Your Boston criminal defense attorney can make sure that the right experts are retained and the proper evidence is presented in court to prove that you are not guilty. There may be reasons why lesser charges against you should be filed or why other charges should be dismissed.

Police: Alabama college shooting suspect killed her brother in 1986, CNN, February 14, 2010

Three killed in shooting at Alabama campus, Los Angeles Times, February 13, 2010

Related Web Resources:
Murders in Boston During 2010

Criminal Homicide, Justia

The Kerrigan family may have you alittle confused. The Boston Medical Examiner’s office says that the father (hereinafter, the “Deceased”) died because of an assault by the brother (hereinafter, the “Defendant”). The rest of the family is praising what a fantastic role model the Deceased was, but are standing by the Defendant. The District Attorney is trying to figure out what is the right move in the case.

Meanwhile, the superstar of the family, daughter of the Deceased and sister of the Defendant, former-Olympic but now-media star is publically vowing to fight the ruling that concluded her beloved father was murdered during a brawl with his son. In fact, in a long letter sent to friends that illustrated her adoration for the Deceased, Kerrigan yesterday defended the Defendant and called the state medical examiner’s ruling regarding the death “unjustified.”

The Defendant, meanwhile, remains at Bridgewater State Hospital, has pleaded not guilty to assault and battery on an elderly person,and wonders about his fate. Lord only knows what type of turmoil he is in.

“ ‘Turmoil’? But he is the Defendant! You mean he is afraid of what the punishment will be?”

No, actually, I meant what I wrote. Do you think there is very much the system can do to him that is not dwarfed by what he must be going through inside?

I have written many times about how media coverage and, indeed, fear of it often rules the criminal justice system. There is something else that plays a huge part in it and always has. Basic human emotion.

Continue reading "Attorney Sam’s Take: The Kerrigan Case – Boston’s Latest Confrontation Between Homicide Prosecution And Human Emotion" »

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" »

Gang violence in the Boston area. The battles are played out in the streets by gang members, law enforcement and innocent bystanders as well as the Commonwealth’s courtrooms with lawyers and judges.

The homicide victim this time was a Revere Police Officer Daniel T (hereinafter, the “Deceased”). The killing took place in 2007. Now, in 2010, Robert I., 22, (hereinafter, the “Defendant”) has been found guilty of second-degree murder by a Suffolk Superior Court jury.

But the controversy has not ended there. People are questioning the city’s police department as a result of how the shooting had occurred.

The Commonwealth contends that the Defendant was a member of the “Bloods” street gang. It also contends that the Defendant shot the Deceased above his right eye believing he was a gang rival.

Continue reading "Massachusetts Gang Violence Results In Murder Conviction In Shooting Of Police Officer" »

Kyle B., 28, (hereinafter, the “Defendant”) is in trouble again. Criminal Justice trouble. Massachusetts Murder trouble.

The Defendant was arrested in Brockton Saturday and charged with the murder of a man outside of a local restaurant on January 5th. A second witness of the shooting was shot in the leg and has survived. The Defendant stands accused of the shooting of both gentlemen as well as unlawful possession of a firearm.

Law enforcement has wasted no time in calling the double shooting “egregious” and “heinous.” Ignoring the usual need for lip-service on behalf of the presumption of innocence, Plymouth District Attorney Timothy J. Cruz has publically declared that ““The shooter in this case is a very dangerous person. I’m glad he’s off the street”, he continued. “Brockton is safer without him on the street.”

Of course, the Defendant is not a complete stranger to charges of homicide. He was charged with the 1999 grisly death of a 14-year-old girl who had been eight months pregnant, presumably with his child. In fact, in a recorded statement to police, the Defendant described himself as a witness who had watched a friend lure her to a shallow grave , stabbed her and bludgeoned her with a rock a brick before burying her alive. The Defendant then led police to that grave. The Commonwealth charged him with being part of the conspiracy to kill the young woman. However, at trial, some five years later, he was found to be “not guilty” by a jury.

After the 2004 jury trial, Suffolk County District Attorney Dan Conley’s office described itself as being “baffled and pained” by Bryant’s acquittal.

I guess both District Attorneys are sleeping better tonight.

Continue reading "Acquitted Of Murder In Boston, Shooting Suspect Needs Another Defense Attorney " »

And so the trial of assumption and innuendo (at least, so far) continues in Brockton, Massachusetts. Attorneys battle it out as jurors hear different observations of the home of Carolyn R. (hereinafter, the “Defendant”) and the various family members. As you may recall, the Defendant and her husband are being charged, yet tried separately for the first-degree murder of their 4-year-old daughter (hereinafter, the “Deceased”). According to yesterday’s Globe, Tuesday’s testimony had to do mostly with...the husband (hereinafter, “Co-Defendant Dad”) .

That’s right...first degree murder. The one with premeditation.

Correct again...Co-Defendant Dad. The one not on trial yet.

It was a stellar day for the prosecution.

Continue reading "Massachusetts Murder – By – Drugs Trial Continues" »

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" »

Arraignments do not always take place in the courtroom, as Robert G., 19,(hereinafter, the “Defendant”) learned yesterday. He was arraigned in a Worcester hospital bed on charges of killing his ex-girlfriend, 19-year-old Allison M. (hereinafter, the “Deceased”). The Deceased was a Fitchburg State College freshman. In the past, she had obtained at least two restraining orders to keep the Defendant away from her, authorities said.

The Defendant was charged with first-degree murder, and violating the restraining orders, after allegedly stabbing and shooting to death the Deceased. He remains in critical condition after allegedly trying to kill himself as well.

“We are alleging that this is another troubling incident of domestic violence resulting in homicide, where the defendant is alleged to have fatally stabbed the victim, his ex-girlfriend, and then attempted to kill himself,” Middlesex District Attorney Gerry Leone said in a press conference this afternoon at his office in Woburn.

“This is the second such incident we have in consecutive weeks, where we are alleging that a male defendant has killed his former or present female significant other, and then seemingly tried to end his own life,'' Leone said. "We must continue to find ways to stem this tide of alarming domestic violence incidents.”

Continue reading "Massachusetts Homicide Charges Result From Restraining Order Violations" »

The Massachusetts Appeals Court will be conducting a hearing on February 10th to determine whether a new trial should be granted to Corey R. (hereinafter,the “Defendant”) for the 2001 killing of a school counselor, the Reverend Theodore N. Brown. This time, it is the prosecuting attorney who is pursuing the appeal.

You see, a Hampden Superior Court Judge granted the motion for a new trial. The Commonwealth contends the judge was wrong in allowing the motion.

The Defendant, who was 17-years-old at the time, had been convicted of second-degree murder for the December 5, 2001, stabbing death of Reverend Brown in a classroom. The trial was conducted in 2003 before the late Judge Thomas J. Curley Jr.

Judge Cornelius J. Moriarty ruled in February 2008 that the Defendant is entitled to a new trial on the basis of ineffective legal representation.

Continue reading "Massachusetts Appeals Court Hears New trial Motion In Murder case " »

The criminal trial of Carolyn Riley, who is charged with the overdose murder of her 4-year-old daughter Rebecca, is underway in Plymouth Superior Court. While the prosecutor is depicting Carolyn as someone who refused to get her daughter medical help after overdosing her with clonidine in an attempt to get Social Security disability pay, her defense attorney argues that Carolyn is a concerned mother who gave her daughter medicine, as prescribed by a doctor, to treat her bipolar disorder.

Rebecca was found dead in her home on December 2006. Carolyn and her husband Michael were charged with first degree murder. Earlier this month, Carolyn’s criminal defense lawyer filed a motion to dismiss the charges saying there is new medical evidence supporting the couple’s claim that their daughter died from pneumonia and not from a prescription drug overdose. A judge denied the motion. Michael’s Massachusetts homicide trial will begin after Carolyn’s trial ends.

Among the witnesses that have testified against Carolyn so far is a social worker who says that she thought Rebecca was overmedicated. Also, the principal of the Elden Johnson Early Childhood Center says she saw Carolyn and Michael laughing outside the school just one day after Rebecca’s death. Yesterday, Kelly Williams, the Rileys’ former housemate, testified that Michael would demand that Carolyn overmedicate their three kids to keep them quiet. Williams says that as the 4-year-old’s condition deteriorated, she and her boyfriend James McGonnell kept telling Carolyn and Michael to take Rebecca to the doctor but that they kept putting off the visit.

Carolyn’s defense lawyers say she is a loving mother who did what she could to raise her three kids, all of whom suffered from hyperactivity and bipolar disorders.

The grief of a parent who loses a child cannot be quantified. To be accused of murdering a son/daughter is a severe blow.

Housemate details Riley child’s final night, Boston.com, January 23, 2010

Social worker warned that Rebecca Riley, 4, was overmedicated, The Boston Globe, January 21, 2010

Riley murder trial begins in Brockton court, The Daily News Tribune, January 20, 2010

Not a hard choice to have separate Riley trials, Wicked Local, January 17, 2010

Judge denies motion to dismiss murder charges against Rileys, Wicked Local, January 12, 2010

Related Web Resources:
Parents convicted of first-degree murder, General Laws of Massachusetts

Timeline: Rebecca Riley Murder Case, MyFox Boston, December 14, 2009

Continue reading "Carolyn Riley’s Massachusetts Murder Trial Underway in Plymouth Superior Court " »

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!" »

“Look, you seem like a good kid. Boston needs more people out there like you…productive citizens. I have no interest in jamming you up. Just tell me your side of things and I will talk to the District Attorney and see what we can work out.”

You would be surprised how comforting those words seem when coming from the police officer who has you in the little room at the local police station talking about that nasty-sounding murder that everyone is upset about. You may be even more surprised at how many people leap to those words as if from a burning building to tell their “side of things.”

The next time they see that “side”, it is often almost unrecognizable as it reflects from the pages of a police report. Yep, the prosecution went through anyway. Who knew?

As most daily readers of this blog know, there is no law that says you must talk to the police when they come to question you. Quite the contrary. You have a Constitutional right not to talk to them. You have a right to ask for an attorney to be present as well.

“Well, Sam, if I say I do not want to talk to them, or ask for an attorney, aren’t I basically confessing that I have something to hide?”

Continue reading "Attorney Sam’s Take: MA Rape, Robbery Or Assault Charges – When To Talk To Police" »

There is a tragic scene taking place in north of Boston city of Lynn. It is playing out on the Victim side of the criminal justice equation. It will also likely mean bad news for a particular assailant when it is time for arrest and attorney- life without parole type of bad news.

The family of Vincent G., a 30-year-old man (hereinafter, the “Victim”), faced with determinations of his being brain dead since being shot in the head Sunday morning are planning to remove him from life support.

About the shooting-turned homicide we know only a part. Apparently, at approximately 1:00 a.m. on Sunday, the Victim was shot once in the head outside Soriano’s nightclub in Lynn. His fiancée who was at the scene is said to desperately tried to keep him alive at the scene, giving him CPR as he slowly slipped away in her arms.

The Victim was taken by ambulance to Salem Hospital and then air-lifted to Boston Medical Center.

Originally, the family had hope that the Victim would survive, clinging to promising signs of his occasional blinking or coughing.

“We thought he was going to make it, but he’s brain dead,” explains a family member. “The bullet is still there in his brain and they can’t get it out because his brain is so swollen. So his mom asked us to say our last prayers because she decided to pull the plug.”

Continue reading "Boston-Born Shooting Victim Becomes Homicide Casualty Of Street Crime" »

Chris W., a 22-year-old Hanson man (hereinafter referred to as the “Defendant”) spent some time in court this week and undoubtedly got to meet a nice new criminal defense attorney.

The visit was occasioned by some pretty serious felony charges.

You see, apparently the Defendant and a young lady (hereinafter, the “Complainant”) went to Boston Saturday night. They went back to Hanson later and that is where the trouble is said to have started.

Apparently, the Complainant and the Defendant had an argument in her Hanson home. The women told police that the Defendant then went into her basement bedroom and forced himself on her, putting his hand on her mouth to muffle any screams. He then grabbed a plastic bag and put it over her head and lifted her up. As she tried to flee, he then is said to have thrown her to the floor and, banging her head against a wall and dresser, said, "You're lucky to be alive, and I should kill you."

Continue reading "A Night Out In Boston Results In Charges Of Rape, Attempted Murder And The Need For A Lawyer" »

19-year-old Lynn man Walter C. (hereinafter, the “Defendant”) faced Justice last week, attorney by his side, in Lawrence Superior Court. The verdict was guilty. The sentence was life in state prison. The charge was second-degree murder taking place in August, 2008. Any change of fate is now in any potential appeal.

The jury had been out for approximately four hours before returning a lesser verdict of second-degree murder - an intentional killing done with malice - instead of first-degree premeditated murder initially charged against the Defendant by the state. Immediately, the Defendant was given the mandatory punishment of life in state prison. Normally, the Defendant would be eligible for parole after serving 15 years in state prison. However, he was also found guilty of carrying a firearm and given a consecutive 30 month sentence to serve.

The Commonwealth alleges that the homicide was the result of the drug trade. They alleged that the deceased’s cousin had told the him that the Defendant had stolen $30 and several bags of marijuana. When the deceased went looking for the Defendant and confronted him, the deceased apparently shot once at the Defendant, but missed him. The Defendant then chased down the deceased and shot him in the head, killing him.

The Defendant took the stand and admitted firing the gun, but said he was being shot at and defended himself under a combat situation.

Continue reading "Lawrence Jury Finds Murder Defendant Guilty Despite Self-Defense Claim" »

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" »

Today’s Boston Globe tells us the tale of Corey P., 23of Dorchester (hereinafter, the “Defendant”) who now needs a good criminal defense attorney fast. He is charged in connection with a homicide in which a 24-year-old man was stabbed to death yesterday in Brighton, according to police.

This was an area where many students dwell. An officer patrolling near Brighton and Harvard avenues found the stabbing victim about 2:16 a.m. in front of a store on Brighton Avenue, according to police. The officer called for help and began to perform cardiopulmonary resuscitation on the unconscious man. The victim was then taken to Beth Israel Deaconess Medical Center, where he apparently died.

23 minutes after the stabbing, Boston police officers arrested the Defendant. You might think that he was arrested for actually performing the violent knife-weilding which resulted in the death.

You would be wrong

Continue reading "Boston-Area Assault In "College Town" Area Is Murder" »

This was not supposed to happen! How could such a thing happen? You’ve lived your entire life without breaking the law. Well, okay, maybe there was that time many years ago... but that’s beside the point. Nobody knows about that. But, now, here in Boston, today, you are going to be arrested. You are being investigated. Now, as you have read so many times in this daily blog, you need one of those awful creatures, a criminal defense attorney. What now?

Well, lucky for you, there are many of us around. In fact, in the Boston area, you probably could not throw a rock without hitting one. Many people think that that would be a great idea. But let me suggest otherwise.

As is the case in most professions, there are good defense attorneys and not so good ones.

First of all, let’s establish that you actually want an actual criminal defense attorney. In other words, Attorney Iliketowritewills who has helped the family through the years in real estate and other probate matters is not necessarily someone who has any criminal defense experience other than that one drunk driving matter he helped Uncle Charlie with 20 years ago. Attorney Corporatelaw may be absolutely brilliant in mergers and acquisitions, but that does not mean she knows what to do in a drug or shooting matter.

Each type of criminal case is different. The approach to a murder is not the same as it is with a white collar case Certainly, someone who has not even practiced regularly in the criminal court sessions is going to be like the perverbial fish out of water even though dressed in the same kind of suit.

Continue reading "Attorney Sam’s Take: Investigated/Arrested In Boston – How To Choose A Defense Lawyer" »

Authorities are charging 14-year-old Raul Renato Castro as an adult in the murder of Alex Christopher Mercato. The 4-year-old disappeared on Friday afternoon while playing outside his home.

Police found Mercato’s body the next day. It was stuffed inside a clothes dryer in the house next door. Autopsy results indicate that he drowned.

Castro was the only one at his home on Friday. Prosecutors have charged him with special circumstances, including the sexual crime involving sodomy, kidnapping, murder during a child molestation, and murder of a witness to prevent testimony.

Castro’s mother, Elsa, says her son is a good boy who has never been in trouble. If convicted, Castro could end up serving 47-years-to life in prison. California law does not allow a youth offender to face life in prison without parole or the death penalty.

In court, today, an affidavit was released stating that the junior high school student has admitted to luring the 4-year-old into his home, sodomizing him, and drowning him in the bathtub after the victim threatened to tell his mother.

Castro’s arraignment, scheduled for yesterday, was rescheduled for Tuesday.

Getting arrested and charged with a crime is life changing for anyone. The best decision that you can make for your child is to contact an experienced Boston juvenile crimes lawyer right away.

Kids make mistakes. They can also be wrongly accused of crimes they did not commit. When a crime is committed, there may be reasons for the juvenile's actions that must be brought to light in order to ensure a fair trail. There may be evidence that is inadmissible. There may be reasons why certain charges should be thrown out or reduced.

Affidavit: Teen says he killed boy found in dryer, AP/Google, November 4, 2009

Boy, 14, charged as adult in clothes-dryer murder of 4-year-old, CNN, November 3, 2009

Related Web Resources:
Assessing Juveniles Who Commit Murder, Psychiatric Times, May 1, 2005

Juveniles, The International Justice Project

Continue reading "14-Year-Old Charged with Murder of 4-Year-Old Found in Clothes Dryer" »