March 25, 2008

Former SLA Member Sarah Jane Olson To Fight Decision Sending Her Back to Prison

Five days after her release from prison, former Symbionese Liberation Army member Sarah Jane Olson was rearrested and sent back to prison on Saturday to serve one more year of her sentence. Prison department staff had concluded that a mistake had been made in figuring out when the ex-SLA member was eligible for parole.

Her criminal defense lawyer plans to fight this decision and cites pressure from the Los Angeles police officers' union, rather than a calculation error, as the reason Olson is back behind bars.

California’s Department of Corrections and Rehabilitation and the police union reject this accusation.

Olson’s real name is Kathleen Soliah. She was paroled on Monday after serving six years of the sentence that she received for pleading guilty to the second-degree murder of Myrna Opsahl while robbing a bank in Carmichael, California in the 1970’s. She also had entered a guilty plea for trying to bomb LAPD cars. She had planted pipe bombs under the car but the devices didn’t go off.

Olson lived as a fugitive for 24 years. She changed her name, got married, and had three children before she was arrested.

A California judge had initially sentenced Olson to five years and four months in prison because of 1975 sentencing laws. The state parole board, however, determined that she was a serious offender and changed her prison sentence to 13 years.

Olson was supposed to serve her parole in Minnesota with her family but was not permitted to board her flight from Los Angeles International Airport. After the error was identified, she was sent back to Chowchilla women’s prison.

According to prison officials, they forgot to add more time for the bank robbery and Carmichael’s murder, which now makes her eligible for parole after seven years instead of six.

In Boston, Massachusetts, our criminal defense law firm is here to protect your legal rights.

SLA's Olson will fight return to state prison, SFGate.com, March 24, 2008

Ex-SLA member rearrested after release, MercuryNews.com, March 23, 2008


Related Web Resources:

The Symbionese Liberation Army, CourtTV.com

Sara Jane Olson on Life in Prison, Talkleft.com

Continue reading "Former SLA Member Sarah Jane Olson To Fight Decision Sending Her Back to Prison" »

March 19, 2008

Massachusetts Man Says He Was Duped into Pleading Guilty to Murder

Charles F. Bogues, a Dorchester man, who pled guilty to the 1993 murder of a 15-year-old teenager, is asking a Massachusetts appeals court to set aside his conviction. Bogues’s father, Boston police Officer Charles T. Bogues, says his son would like another chance to go to trial.

Bogues, 38, says he only pled guilty because prosecutors and his criminal defense attorney had convinced him that the stray bullet that struck the boy came from Bogues's gun. Bogues has so far served 11 years in prison for the murder of Louis D. Brown during a Dorchester shoot-out. Brown had been going to a Teens Against Gang Violence Christmas party when he was killed by a bullet in the head.

Brown pled guilty to second-degree murder. He is eligible for parole in 15 years. As part of his plea agreement, prosecutors dropped an indictment for cocaine trafficking and weapons possession that came with a minimum mandatory 15 years in prison.

After pleading guilty, Bogues found out that witnesses had identified another person as the shooter. Ballistic evidence also revealed that someone else had been firing a .45-caliber gun at the time of the shooting.

Bogues’s current criminal defense team says that his old lawyer never examined this evidence before convincing the Dorchester man to make the plea agreement. Bogues has already lost one appeal. The three-judge appeals court panel is not sure about whether it can examine Bogues’s appeal because he had waived his right to look at all of the evidence when he agreed to a plea agreement instead of going to trial.

Suffolk Assistant District Attorney Paul B. Linn says that Bogues is guilty and that only he could have fired the deadly shot. Linn says that Bogues’s involvement in the shootout makes him responsible for Brown’s slaying even if there is was a question about who fired the gun with the fatal bullet.

Bogues says that he fired his gun because he and his friends had been shot at on Tonawanda Street by an unknown shooter. He says that he doesn’t think that his return fire could have killed Brown because the teenager was on Geneva Avenue. Prosecutors say that the bullet ricocheted.

Tina Chery, Brown’s mother, says she is now not sure if Bogues is guilty and wonders why others involved in the shooting weren’t arrested.

Our Boston criminal defense law firm is here to protect your legal rights and make sure that you are treated fairly if you have been accused of or charged with any crimes in Massachusetts.

Man says he was tricked into plea, Boston Globe, March 19, 2008

Inmate wants guilty plea tossed in '93 homicide, Boston.com, October 29, 2007


Related Web Resources:

Teens Against Gang Violence

Plea Agreements, Justia


Continue reading "Massachusetts Man Says He Was Duped into Pleading Guilty to Murder" »

March 8, 2008

Civil Rights Trial of Man Wrongfully Convicted of Murder Gets Under Way in Boston, Massachusetts

In Boston, Massachusetts, the civil rights trial of Shawn Drumgold, the man wrongfully convicted of killing a 12-year-old girl, is under way. Drumgold, now 42, served 15 years in prison for the 1988 murder of Darlene Tiffany Moore who got caught in the middle of a gang fight in a Roxbury neighborhood.

Drumgold was released from prison in 2003 after prosecutors took another look at the case and realized that he did not get a fair trial. Witnesses had told the Boston Globe that they were bullied into testifying against Drumgold. One witness in his murder trial had even been suffering from a rare form of brain cancer that can impair his memory and perception. This fact was never revealed to the defense.

Drumgold filed a lawsuit against the city of Boston, Massachusetts in 2004. He also named two police detectives Detective Walsh and Detective Callahan, both now retired, that had investigated his murder case.

On Wednesday, Ricky Evans testified that he lied when he was a witness during Drumgold’s murder trial. He says Detective Callahan showed him several photos of suspects and refused to accept his response when he picked another man’s photo.

Evans said he didn’t have a permanent residence during the time of the shooting. Boston police paid for his food and lodging at a local Howard Johnson for eight months. He says that Detective Callahan told him several outstanding warrants against him would be ‘wiped out.”

Evans admits that he never saw Drumgold during the night of the shooting and that the testimony he provided was based on information that Callahan and another detective had given him. He says recanted his testimony because he felt guilty about lying.

Drumgold claims that Callahan and Walsh withheld key evidence that could have cleared his name and also manipulated key witnesses.

If you have been charged or convicted in Massachusetts for a crime you did not commit, you should contact our Boston, Massachusetts criminal defense law firm right away.


Witness in Drumgold case says he made up testimony, Boston.com, March 5, 2008

Jury hears opening statements in Drumgold case, Boston Herald, March 5, 2008


Related Web Resources:

Drumgold sues over wrongful conviction, Boston.com, June 4, 2004

Drumgold Says He Has No Anger, TruthInJustice.org, November 10, 2003


Continue reading "Civil Rights Trial of Man Wrongfully Convicted of Murder Gets Under Way in Boston, Massachusetts" »

March 7, 2008

Massachusetts High School Stabbing Suspect With Asperger Syndrome Is Asking That Murder Charge Be Reduced

The Boston criminal defense team of a Massachusetts high school student accused of stabbing a classmate to death in a bathroom at Lincoln-Sudbury Regional High in Sudbury wants the charges against the boy dropped because he has Asperger syndrome (AS).

The defense says that a grand jury were improperly ordered to ignore the fact that John Odgren, 17, has Asperger syndrome, which makes him a special needs case. Odgren’s defense team is arguing that the disorder is responsible for his sometimes violent and bizarre actions. Odgren has been charged with first-degree murder.

Odgren is accused of killing James Alenson, 15, in January 2007. He allegedly approached the boy, slashed his throat with a 13-inch carving knife before stabbing his lung, stomach, liver, and heart.

Odgren’s defense team believes that he would have been charged with second-degree murder or a lesser crime if the grand jury had been given more information about the teenager's condition.

Last March, Odgren was found competent to stand trial. He is in jail in the Cambridge courthouse.

Asperger Syndrome
Considered an autism spectrum disorder, Asperger Syndrome can involve odd speech patterns, obsessiveness, poor social interactions, and peculiar mannerisms. Symptoms can include motor delays, limited interest, and peculiar preoccupations.

Odgren’s criminal defense team says that the boy’s disorder affects his premeditation and intent and that obsessing with weapons and other morbid items is associated with AS.

Our Boston, Massachusetts criminal defense law firm represent minors that have been accused of or charged with committing crimes. It is important that your son or daughter obtain proper legal representation to make sure that their legal rights are protected. Our juvenile crimes lawyers represent minors in juvenile court , as well as juveniles charged with adult crimes. We will do our best to keep the criminal case in juvenile court.

Suspect in fatal L-S school stabbing seeks lesser charges, Boston Herald, March 6, 2008

Related Web Resources:

State report describes teen's early aggression, Boston.com, January 23, 2007

Asperger Syndrome, KidsHealth.org

Asperger Syndrome Fact Sheet, National Institute of Neurological Disorders and Stroke

Continue reading "Massachusetts High School Stabbing Suspect With Asperger Syndrome Is Asking That Murder Charge Be Reduced" »

February 21, 2008

Mark Jensen Is Found Guilty of Murder After Being Implicated By Dead Wife’s Letter

Mark Jensen, the Wisconsin man charged with poisoning his wife in 1998 has been found guilty of first-degree murder. Sentencing will take place on Friday although his conviction comes with a mandatory life in prison sentence. The conviction by the jury came after members deliberated for over 30 hours.

Jensen’s wife, Julie, was founded dead in her bed in 1998. Poisoning by ethylene glycol was the cause of death. Police say she had been given multiple doses. Just 30 ml of ethylene glycol can be deadly. Evidence during the criminal also indicated that a pillow might have been used by Jensen to smother her.

Prior to her death, Julie wrote a letter placing blame on her husband in the event that anything happened to her. She gave the letter to a neighbor. She also had told her son’s teacher and police that she thought Jensen was attempting to murder her.

Jensen was charged with 1st-degree murder in 2002. According to prosecutors, he was having an affair and wanted to get rid of his wife. Jensen’s defense team said that Julie was depressed, tried to kill herself, and then blamed her husband.

Strict hearsay rules that allow defendants to confront their accusers had blocked Julie’s statements and her letter as evidence. The issue of whether or not Julie’s words could admitted as part of the case delayed Jensen’s criminal trial for several years.

A U.S. Supreme Court ruling compelled the Wisconsin Supreme Court to create an exception in this case so that Julie’s statements and letters could be admitted as a dying declaration of her state of mind when she died.

A couple of inmates testified that Jensen had admitted to killing his wife. One inmate testified that Jensen had asked him to kidnap a witness who was scheduled to testify.

A 2003 Massachusetts Domestic Violence Report by Jane Doe Inc. Lists several methods used for committing domestic violence homicide:

• Stabbing deaths
• Fatal firearm injuries
• Strangulation
• Blunt trauma to head
• Smothering the victim

As a criminal suspect or defendant for murder or any crime in Massachusetts, you are entitled to the best legal representation. Our Boston, Massachusetts criminal defense team would like to offer you a free consultation.


Husband guilty of murder in 'letter from grave' case, CNN.com, February 21, 2008

Jury: Man Used Antifreeze to Kill Wife, AP, February 21, 2008

2003 Massachusetts Domestic Violence Homicide Report


Related Web Resources:

Read Judy Jensen's Letter from the Grave, CNN.com

Ethylene Glycol, University of Cambridge

Continue reading " Mark Jensen Is Found Guilty of Murder After Being Implicated By Dead Wife’s Letter" »

February 20, 2008

Former Marshfield High School Student Will Serve Time in Massachusetts Prison For Plotting Columbine-Style Ambush

In Massachusetts, Superior Court Judge Charles M. Grabau has sentenced former Marshfield High School student Joseph Nee to 2.5 years for conspiracy to commit murder. Nee, 21, is convicted of plotting a Columbine-like attack on the school.

Nee had faced a maximum penalty of 20 years in prison for the crime. He will serve six months in prison and nine months in the Plymouth House of Correction. He will also serve a two-year probation upon release and undergo periodic alcohol and drug tests. He also will have his mental health evaluated.

The Marshfield man was convicted last week after a four-day bench trial and testimony from dozens of people. He was acquitted of two charges: threatening use of a deadly weapon and promotion of anarchy.

In September 2004, Nee, was still studying at Marshfield High. He and two classmates notified police that 16-year-old Tobin Kerns intended to attack the school the following April—in a killing spree similar to the 1999 Columbine High School attack in Littleton, Colorado.

Police arrested Kerns. They also arrested Nee a few weeks later after he was implicated by Kerns’ friends.

Kerns and Nee were indicted by a grand jury in October 2004. Both teenagers pleaded not guilty. The two other boys who reported the planned assault with Nee were given immunity in exchange for their testimonies.

Kerns was convicted of conspiracy to commit murder and threatening to use deadly weapons. He is completing his 10- month prison sentence at the Plymouth House of Correction.

Our Massachusetts criminal defense law firm handles adult criminal cases and juvenile crimes cases. We are known for our ability to provide our clients with a solid, effective defense.

Ex-student gets prison in Marshfield plot case, Boston.com, February 20, 2008

Judge convicts ex-student in school plot, Boston Globe, February 15, 2008


Related Web Resources:

Are US Schools Safe?, CNN.com

Fast Facts: Major School Shootings of Past 10 Years, Fox.com, April 16, 2008

Continue reading "Former Marshfield High School Student Will Serve Time in Massachusetts Prison For Plotting Columbine-Style Ambush" »

February 11, 2008

Nationwide Manhunt for Massachusetts Man in Murder of Medfield Mother Continues

Authorities throughout the United States are on the lookout for Andrew Boisvert, a 37-year-old Bridgewater, Massachusetts resident. Boisvert, a Waltham paramedic, is a suspect in the murder of his ex-wife Margaret Ninos. Ninos and Boisvert have a 7-year-old daughter named Maggie.

Boisvert is currently on the run. The Norfolk District Attorney’s office issued the arrest warrant against Boisvert on Friday and the national alert on Saturday. Ninos, a 47-year-old Medfield resident and obstetrics nurse, died from fatal head injuries on February 6.

Friends and former colleagues say that Boisvert and Ninos were involved in a child custody dispute over their child. Ninos’s friends say that Boisvert didn’t see his daughter a lot. He had custody of his child one weekend a month and got to visit her one Wednesday a month. Boisvert wanted to increase his visitation rights. He had remarried and has another child.

Police say that on February 6, Boisvert called 911 and directed them to Ninos’s home, where the body was found. Law enforcement authorities questioned Boisvert but allowed him to leave the crime scene.

A 2003 report by Jane Doe Inc., (JDI) the Massachusetts Coalition Against Sexual Assault and Domestic Violence, considers domestic violence-related homicides to include any of the following:

• The homicide victim and perpetrator were former spouses or intimate partners, adults or teens with a child in common, or adults or teens in a current or former dating relationship.

• The homicide victim was a bystander or intervened in an attempted domestic violence homicide and was killed (including friends, family members, new intimate partners, law enforcement officers or other professionals attempting to assist the victim of domestic violence, roommates and co-workers).

• The motive for the murder was reported to have included jealousy, in the context of an intimate partner or dating relationship.

• A relationship existed between the homicide perpetrator and adult or teen victim that could be defined as exhibiting a pattern of power and control (including family or household members and caregivers).

If you are a suspect or have been charged with a domestic violence-related crime in Massachusetts, you should contact one of our Massachusetts domestic violence lawyers today.

Nationwide alert issued for Medfield murder suspect, Daily News Tribune, February 11, 2008

Pals say slain woman battled ex over custody issues, BostonHerald.com, February 11, 2008

Slain Medfield mom’s ex on run from police, BostonHerald.com, February 10, 2008

Arrest warrant issued in murder of Medfield mother, BostonHerald.com, February 9, 2008


Related Web Resource:

2003 Massachusetts Domestic Violence Homicide Report

Continue reading "Nationwide Manhunt for Massachusetts Man in Murder of Medfield Mother Continues" »

January 22, 2008

Tim Masters is Set Free After 1999 Murder Conviction is Thrown Out

Tim Masters, who was convicted in the 1999 of murdering Peggy Hettrick, was set free today. Masters had been serving a lifelong prison term for her in 1987 that happened when he was just 15-years-old. Her mutilated body was found in a field near Fort Collins, Colorado close to Masters’s trailer.

Fort Collins police worked on the case for over 10 years before arresting Masters. He has served more than nine years of his sentence. Masters has always maintained that he was innocent.

It wasn’t until the last few months that special prosecutors and defense attorneys brought to light the fact that key information had been withheld from Masters’ attorneys during his 1999 trial.

Evidence reportedly withheld by police and prosecutors included a plastic surgeon who had said that a teenager could not have made the meticulous cuts that were done to remove Hettrick’s body parts and an FBI profiler’s warning to police that just because Masters liked to draw horror scenes did not mean he murdered Hettrick.

The sketches, a collection of knives, and a series of narratives helped persuade a Colorado jury that Masters was guilty. There was never any physical evidence tying him to the murder.

Masters is now 36 years old. A judge overturned his conviction and set aside his sentence after new DNA evidence showed that the DNA found on Hettrick’s clothing did not belong to Masters. He was released on a $200,000 personal recognizance bond.

Prosecutors say they will decide by February 5 whether to try him again.

DNA Evidence
Except for identical twins who can have identical DNAs, no one else has the same exact DNA. DNA is Deoxyribonucleic acid. It is the main building block for a person’s genetic makeup. The person has the same DNA in every cell of the body and this never changes.

During crime investigations, DNA evidence is collected to identify a suspect or eliminate a possible suspect. DNA evidence can also be useful in reopening closed criminal cases or solving unsolved crimes.

A person who was wrongly convicted can be set free based on new DNA evidence proving his or her innocence.

Our Boston, Massachusetts criminal defense team would like to offer you a free consultation to discuss your criminal case.

Murder conviction thrown out; Masters goes free, CNN.com, January 22, 2008

Tim Masters Set Free, MyFoxColorado, January 22, 2008


Related Web Resources:

Timeline of the Masters case, RockyMountain, January 18, 2008

Special Prosecutors Offered Stipulation (PDF)

Defense Demands New Trial for Masters, October 23, 2007 (PDF)

Understanding DNA Evidence

Continue reading "Tim Masters is Set Free After 1999 Murder Conviction is Thrown Out" »

December 14, 2007

Second Pring-Wilson Murder Trial in Massachusetts Ends in Mistrial

In Massachusetts, the second murder trial of former Harvard graduate student Alexander Pring-Wilson has ended in a mistrial. Middlesex Superior Court judge Christopher Muse granted a mistrial in the case because the jury was hopelessly deadlocked. They were unable to reach a verdict after deliberating for 10 days.

Pring-Wilson, 29, is charged with manslaughter in the 2003 stabbing murder of 18-year-old Michael Colono. The killing took place in Cambridge during a drunken, late-night brawl. Wilson stabbed Colono a number of times with a military folding knife.

Pring-Wilson was convicted of manslaughter in 2004 and sentenced to six to eight years in prison. In 2005, his conviction was overturned and the Massachusetts’s Supreme Judicial Court, however, granted him a new trial when it ruled that jurors should have been informed of Colono’s criminal and violent history.

The 29-year-old former student has always maintained that he acted in self-defense and that Colono and his cousin were the instigators of the attack. Pring-Wilson has been out on bail since his conviction was overturned.

If you have been arrested for any kind of crime in Massachusetts, you should speak with an experienced criminal defense attorney immediately. Even when all the evidence is against you, a good criminal defense attorney can still determine whether there are special circumstances that could persuade the persecution to charge you with a lesser crime or convince a jury to set you free. You deserve a fair trial.

Mistrial
A mistrial is a trial that ends before a resolution is reached. A judge can grant a mistrial for different reasons. A jury may have become tainted because it was given improper evidence. A jury is unable to reach a verdict. The defense or the prosecution may ask for the mistrial.

It is not known at this time whether Pring-Wilson will stand trial for a third time.

When a mistrial is declared, a new trial may be granted. Or, if circumstances allow the defendant to cite the Double Jeopardy Clause—which makes it impossible for the person to be tried more than once for the same crime—the defendant may go free.


Mistrial granted in trial of Harvard graduate student, Boston Globe, December 14, 2007

Ex-Harvard Student's Retrial Ends In Mistrial, BostonChannel.com, December 14, 2007


Related Web Resource:

Justice for Alexander Pring-Wilson

Continue reading "Second Pring-Wilson Murder Trial in Massachusetts Ends in Mistrial" »

December 13, 2007

Mother and Stepfather of Baby Grace Face Capital Murder Charges

The mother and stepfather of 2-year-old Riley Ann Sawyers now face capital murder charges in the death of the little girl. The decision was made by a grand jury in Texas where Kimberly Dawn Trenor, 19, and Royce Clyde Zeigler II, 24, will stand trial. Prosecutors are deciding whether to push for the death penalty.

On October 29, Riley’s body was found wrapped in black plastic bags that had been stuffed a blue, plastic bin on an island in the Galveston Bay.

Police named the toddler “Baby Grace” because they did not know her identity. Riley’s paternal grandmother called police and told them that the drawing of the unidentified girl resembled Riley Ann.

Tampering with evidence and injury to a child were the initial charges filed against Zeigler and Trenor. Since then, however, police have found more evidence to warrant the more serious charge.

Trenor confessed to police that Zeigler beat her daughter with leather belts. Riley then was tossed across a room before she was held under water until she died. Riley’s skull was fractured in three areas—each one of them fatal. She was beaten for 4-6 hours.

Trenor says that the beating happened on July 24 because Riley wouldn’t say “yes, sir” and “please.” She and her husband hid her daughter’s body in a storage shed for several weeks before tossing it in the bay.

Trenor’s defense lawyer says that Zeigler wanted his client to hit Riley with a belt when she didn’t comply with his wishes. The beatings happened on the day he stayed home to make sure that Trenor was following his disciplinary plan. The couple supposedly did not intend to kill Riley.

Trenor says she wanted to call 911 but Zeigler wouldn’t allow it.

Capital murder is a very serious offense that can lead to the death penalty. Circumstances that can lead to a capital murder charge include murdering someone younger than 6 years of age, murdering a fireman or police officer, murder after escaping prison, murder while committing sexual assault, kidnapping, terrorism, or another capital felony.

Couple face capital murder charges in Baby Grace death, CNN.com, December 13, 2007

Mother's lawyer: Child killed for failing to say 'please, CNN.com, November 29, 2007


Related Web Resource:

Affidavit for Probable Cause of Arrest and Complaint (PDF)


Continue reading "Mother and Stepfather of Baby Grace Face Capital Murder Charges" »

December 12, 2007

Quincy, Massachusetts Man on Trial for Murdering 65-Year Old Woman While He Was On Crack Cocaine

44-year-old Stevie Walker is on Trial in Suffolk Superior Court for the November 4, 2005 stabbing murder of Galina Kotik, a 65-year-old Russian grandmother, inside her Fenway apartment building in Boston.

Walker had been smoking crack cocaine for up to 24 hours before he went to Kotik’s building to visit an acquaintance and figure out a plan to rob her so he could get more drugs.

A witness for the prosecution testified on Tuesday about how Kotik’s dying cries could be heard. Valentina Tsodikovich says she saw a man with blood on his clothes flee the murder scene.

Kotik was a nursing assistant. Prosecutors say that she pulled out one of the Walker’s dreadlocks and scratched his face during the attack. They say that Walker smashed in the elderly woman’s head with an ashtray and stabbed her nearly two dozen times.

Walker’s defense attorney admits that his client did kill Kotik. However, he is asking the jury to consider convicting Walker of a lesser charge than first-degree murder.

Walker has a personality disorder and does not remember killing Kotik. After the attack, he fled to a parking garage in the area and got trapped in a storage closet for approximately 40 hours. He escaped through a window and went to a police station where he fell asleep. He was arrested there.

If you are convicted for first-degree murder in Massachusetts, the maximum sentence you could receive is life in prison without parole. This is why it is so important that you hire an experienced Massachusetts criminal defense lawyer to represent you.

If all evidence of guilt for a murder points to you, a very good criminal defense attorney can determine whether it is possible to convince a jury that you should be convicted of a lesser murder charge. Even if you receive the maximum sentence for a second-degree murder conviction, you will still be eligible for parole after 15 years.

Other lesser murder convictions including voluntary manslaughter and involuntary manslaughter (both come with maximum sentences of 20 years in prison—unless explosive devices are involved), and motor vehicle homicide (a maximum sentence of 15 years in prison).

Defense acknowledges violence of killer, Boston.com, December 11, 2007

Gruesome testimony in trial of man charged with murder of elderly woman, Boston Herald.com, December 11, 2007


Related Web Resources:

Massachusetts General Laws

Legal Definition of First-Degree Murder, Lectlaw.com


Continue reading "Quincy, Massachusetts Man on Trial for Murdering 65-Year Old Woman While He Was On Crack Cocaine" »

November 17, 2007

Massachusetts Foster Mother Found Guilty of Involuntary Manslaughter in Four-Year-Old’s Death

Corrine Stephen, a 25-year-old Massachusetts foster mother, was found guilty of causing the death of four-year-old Dontel Jeffers because she did not get him medical help immediately after he was severely beaten. Stephen had been charged with second-degree murder, but yesterday was convicted of involuntary manslaughter by the Suffolk County Superior Court jury.

During the trial, prosecutors showed no evidence that Stephen abused Dontel. They based their case on reasons why the foster mother should be held criminally responsible for Dontel’s death. Rather than getting him medical treatment, she gave him a large does of Tylenol with codeine. They also say that she did nothing while others attacked the boy.

Stephen’s sentencing is scheduled for December 5. Her criminal defense attorney says he will appeal the case because the judge made a mistake when informing jury members that failure to do something can be considered a malicious act.

Dontel was placed in Stephen’s care on February 24, 2005. 10 days later, she arrived at Caritas Carney hospital with the boy, who had a black eye, bruised throat, ruptured intestine, bruised arms, and ligature marks around his ankles and wrists. Doctors were unable to revive Dontel. A blow to his stomach gave him a fatal infection.

Forensic pathologists determined that Dontel died from Child Abuse Syndrome, which consists of repetitive abuse over a period of time.

Stephen’s lawyer says that police did not conduct the necessary forensic tests to identify other potential suspects who could have beaten Dontel nor did they look hard enough for the Dontel’s real killer.

Involuntary Manslaughter
Involuntary manslaughter is the accidental killing of a person caused by the defendant’s reckless or criminal actions. “Involuntary” refers to the fact that the defendant did not mean to kill the victim.

In Massachusetts, an involuntary manslaughter conviction carries a maximum sentence of up to 20 years in state prison.

Guilty verdict reached in Dontel Jeffers case, Boston Herald, November 16, 2007

Foster mother found guilty of involuntary manslaughter in death of boy, 4, Boston.com, November 16, 2007


Related Web Resources:

Massachusetts General Laws

Violent Crimes Overview, Justia

Continue reading "Massachusetts Foster Mother Found Guilty of Involuntary Manslaughter in Four-Year-Old’s Death " »

November 13, 2007

Massachusetts Man Pleads Not Guilty to Murdering Revere Cop

Robert Iacoviello Jr. has pled not guilty to the shooting murder of Revere Police Officer Daniel Talbot on September 29 in Massachusetts. At the 20-year-old’s arraignment in Chelsea District Court, he was ordered held without bail.

Also charged in Talbot’s murder is Derek Lodie, 17, who has pled not guilty to being an accessory to murder.

Iacoviello’s defense attorney claims that his client did not shoot Talbot. He says that police intimidated the witnesses they interviewed so that they could name a suspect as soon as possible.

According to the prosecution, Talbot and two other police officers were drinking beer and hanging out by the bleachers on the athletic field at Revere High School. Lodie and Talbot allegedly got into a verbal fight, which allegedly ended with Iacoviello shooting Lodie in the head.

At his arraignment this morning, Prosecutor Ed Zabin alleged that Talbot, who was socializing while “off duty” with other officers, was ambushed by the two defendants. Zabin claims that Lodie was offended by something Talbot said and called Iacoviello and a few others by cell phone to join him on the high school field.

At this time, Lodie and Talbot allegedly got into a verbal fight. Lodie walked into the parking lot during the discourse and Talbot followed him there. They were met by Iacoviello and Lodie’s other friends. Iacoviello then allegedly pulled out a gun and shot Talbot in the head.

Iacoviello will appear in court again on December 12 for his probable cause hearing.

Probable Cause Hearing
A probable cause hearing takes place so that a judge can decide whether the prosecution has enough evidence to charge a defendant with a crime that may need to be “bound over” to a higher court. The outcome of the hearing is based solely on the prosecution’s evidence.

If you live in Massachusetts and have been charged with murder or accessory to murder, you should speak with an experienced Massachusetts criminal defense lawyer who can provide you with a solid defense against the charges. There may be evidence to prove that you are not guilty. A good defense lawyer will have the resources to investigate the case for you and find witnesses who may able to help prove that you are not guilty.

Prosecutor says slain Revere cop was ambushed, Bostonherald.com, November 13, 2007

Man pleads not guilty in slaying of Revere officer, Boston.com/AP, November 13, 2007

Common legal proceedings, Massachusetts Bar Association


Related Web Resource:

Remarks of District Attorney Daniel F. Conley on the Arrest of Robert Iacoviello, Jr., Suffolk County District Attorney's Office

Continue reading "Massachusetts Man Pleads Not Guilty to Murdering Revere Cop" »