Samuel Goldberg has been a Massachusetts criminal defense attorney for 20 years. Prior to that, he was a New York state prosecutor. He has published various articles regarding the practice of criminal law and frequently provides legal analysis on radio and television, appearing on outlets such as the Fox News Channel, Court TV, MSNBC and The BBC Network.
To speak to Sam about a criminal matter call 617-492-3000.

September 5, 2009

Allston Man Pleads Not Guilty to Aggravated Rape and Assault & Battery of 66-Year Old Woman

In Suffolk County, an Allston man has been arrested for beating and raping a 66-year-old woman. Jose Sariano Gonzales pleaded not guilty to the charges of rape, resisting arrest, and the assault and battery of a victim over 65. The 20-year-old is also accused of punching the woman in the neck and face and obtaining stolen property. A stolen credit card was found on his person when police apprehended him.

The alleged rape incident occurred on August 27. The victim says that she had gotten up early that day to look for cans that she could turn in for cash when she says that a man approached her, directed her to a place where she could obtain more cans, and then proceeded to beat and rape her.

Yesterday, the woman identified Gonzales to police when they spotted him close to the site where she was assaulted. Police say that he tried to get away when they ran to pursue him but they managed to apprehend him.

Gonzales, who is an El Salvadorean, has been ordered to turn his passport over to law enforcement officials. US Immigration and Customs Enforcement wants Gonzales to stay in custody so they can figure out if he should be deported. This means that even if Gonzales posts the $250,000 bail, federal officials would still keep him in custody.

If you have been charged with a crime in Massachusetts, you are entitled to representation from an experienced Boston criminal defense law firm. Even if you are not an American citizen, you have certain legal rights.

A Massachusetts sexual crimes lawyer can make sure that your legal rights are protected and defend you against the charges. Conviction for a sexual crime in this state comes with serious penalties. It is important that you retain the services of a legal representative who has the resources and experience to secure the best outcome possible for your criminal case.

Allston man charged with sexually assaulting 66-year-old woman, Milford Daily News, September 4, 2009

Allston man charged with sexually assaulting 66-year-old woman, The Milford Daily News, September 4, 2009

Sex Offender Registry Board, Mass.gov

General Laws of Massachusetts

August 29, 2009

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

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

The Garridos are each charged with:

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

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

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

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

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

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

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

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

Jaycee Dugard is Missing, MySpace Page

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

August 20, 2009

One Of Two Suspects Arrested In Brookline Rape Case

Boston-area police have been searching for two suspects in connection with a reported rape in the Coolidge Corner area of Brookline. Today, an arrest was made.

Brookline Police say that they believe that the man they arrested this morning is one of the two alleged rapists who abducted and raped a 30-year old woman as she left a taxi on Harvard Street early Tuesday morning. The arrest came after the police spotted a red pickup truck that matched the truck used in the attack. Two Boston police officers working in Brighton saw the vehicle. They then passed on the information to investigators in Brookline.

Authorities continue to search for the second suspect. No additional information was released about the arrest, but a press release will be issued later today said the police spokesman.

Continue reading "One Of Two Suspects Arrested In Brookline Rape Case" »

August 19, 2009

Boston Area Police Get Lucky In Sex Abuse And Arson Investigations

The police in Haverhill Massachusetts got lucky recently. They got a “two-for”. They were investigating an arson case. However, due to what they found, they arrested another gentleman who now needs a lawyer for a different type of case.

The detectives were canvassing an apartment building which had been, the scene of three Sunday morning fires, when they stumbled upon a case of sexual abuse of a 12-year-old boy,

"It was the last thing we expected to find," a police spokesman, Police Officer Zipper, said. "The nature of police work is turning over stones.''

The detectives had gone to the apartment of accused arsonist Patricia M. (herein after, the “Arson Defendant”) on a Monday night to talk to other occupants. It was there that they met the boy and Jeffrey P. 39, (hereinafter, the “Sex Defendant”) in the apartment. Through questioning, they learned that the Sex Defendant and the boy shared a bed.

After further questioning, and the wading through what the police call “stark inconsistencies”, the Sex Defendant apparently ended up admitting to having sex with the boy several times. The boy ended up confirming the admission.

Continue reading "Boston Area Police Get Lucky In Sex Abuse And Arson Investigations" »

June 30, 2009

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

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

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

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

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

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

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

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

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

Related Web Resources:
The General Laws of Massachusetts

National Child Kidnapping Facts, Polly Klaas Foundation

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

May 18, 2009

Boston Defendant Wrongfully Convicted For Rape And Robbery Wins Jury Trial Against The Commonwealth

David Frank, of Boston’s Massachusetts Lawyers Weekly, has reported this week on a story that has become achingly familiar. It involves the issue of the wrongfully convicted.

Ulysses C. (hereinafter, the “Defendant”) is now 59 years old. On May 17, 2001, he was released from prison after serving 19 years of an 80 year sentence for unlawful confinement, rape and robbery. He was released from custody after DNA testing on the physical evidence used against him exonerated him of the crimes for which he was convicted.

But, then, what does “exonerated” really mean? Does it clear a man’s name? Can it give him back the nineteen years he unjustly lost at the hands of the Commonwealth?

In recent years, a number of criminal defendants have been convicted, only to be released after having served many years, after DNA evidence was discovered which showed that they were not, in fact, guilty.

Interestingly, District Attorneys still try to fight attempts by convicted defendants to have DNA tested for some reason, which is odd given their sworn oath to “do Justice”.

Continue reading "Boston Defendant Wrongfully Convicted For Rape And Robbery Wins Jury Trial Against The Commonwealth" »

May 7, 2009

Sex for sale. A Boston criminal lawyer's view of prostitution and the new internet sex trade industry

The city of Boston used to have an area known as the “Combat Zone”. It was around the theatre district. In fact, the building that now houses the Department of Motor Vehicles used to be a store selling xxx-rated movies and books and prostitutes prowling the streets. That has all been “cleaned out” from the area the chase of crimes of morality is still on.

Chapter 272 of the Massachusetts General Laws deals with these so-called “CRIMES AGAINST CHASTITY, MORALITY, DECENCY AND GOOD ORDER”. Prepare yourself, though, before you read it. For example, “fornication”, otherwise known as sexual intercourse between two unmarried consenting adults, is still on the books as illegal and punishable by jail time. Adultery is still a crime which can send a defendant away for two years and this law has been upheld as Constitutional by the Supreme Judicial Court as late as 1983!

Blasphemy, however, is only punishable for one year incarceration, so we may be lightening up after all.

Not too many criminal defense attorneys are called upon to defend charges of fornication, adultery or even blasphemy these days. However, the laws surrounding the sex trade have undergone changes. These changes are not in attitude, but in application. For example, today, particularly with the internet, the trade has moved onto other venues.

Law enforcement remains in hot pursuit.

Continue reading "Sex for sale. A Boston criminal lawyer's view of prostitution and the new internet sex trade industry" »

April 16, 2009

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

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

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

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

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

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

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

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

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

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

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

Related Web Resources:
Women of Death Row

Women and the Death Penalty

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

April 3, 2009

Child Rape And Assault Cases Reviewed By An Experienced Boston Criminal Defense Lawyer

Two disturbing stories involving the victimization of young girls have recently surfaced. The facts alleged in both cases defy belief...for most people. I, however, have been a criminal defense attorney in Boston for over nearly 20 years. Before that, I was a prosecutor in Brooklyn. I am sorry to say that these fact scenarios, horrific as they are, are not totally new to me.

In fact, I have handled similar cases.

You have probably already heard about the first of these stories – it was all over the news on Thursday. It involves a mother who has been accused of stabbing her 2-year-daughter with a scissors and trying to strangle her with an electrical cord in Gardner Wednesday night.

Susan J., 38,(hereinafter, the “Mother”) allegedly stabbed her daughter in the torso, head, and neck in a laundry room of an apartment building. The child was rushed to Heywood Hospital in Gardner and taken into custody of the Department of Children and Families.

When police arrived at the apartment building, a security guard had pinned the Mother to the floor of the laundry room, keeping her away from her bleeding daughter. Police arrested the Mother on charges that include attempted murder, armed assault with intent to murder, and assault and battery on a child with injury.

Continue reading "Child Rape And Assault Cases Reviewed By An Experienced Boston Criminal Defense Lawyer" »

February 3, 2009

Former Coast Guard’s Massachusetts Rape Trial Begins this Week

The Massachusetts rape trial of former Coast Guard officer David Pierce is set to begin this week. Pierce is accused of raping the same woman five times in 2005.

Pierce’s criminal defense attorney claims that the sex between the client and the woman was consensual and that the two of them were involved in some sort of relationship that year. Pierce was indicted on five counts of rape in January 2006. He pleaded not guilty.

Several Coast Guard officers are expected to testify during his criminal trial. The alleged victim, Cape Cod Hospital nurses, and Yarmouth police officers are also expected to give their testimonies.

If he is convicted, Pierce would become a known Massachusetts sex offender and likely sentenced to time in state prison.

Rape
If you have been accused of committing rape in Massachusetts, it will be up to your Boston criminal defense attorney to combat the charges against you. Rape is a crime that usual involves non-consensual sexual intercourse between people, usually by force or under threat of injury. A defendant can be accused of raping a stranger, a friend, an acquaintance, a significant other, or a spouse.

A good Boston sexual crimes lawyer will know how to investigate the evidence against you, as well as determine what evidence exists in your defense. There may be information or evidence that could get the charges against you dropped or reduced. A conviction for rape in Massachusetts could lead to years in prison. Your name would also be placed on the Massachusetts’ sexual offenders list.

Coast Guardsman faces rape trial in Mass., Examiner.com, February 3 2009

Barnstable trial on rape charges begins Tues., CapeCodOnline.com, February 2, 2009


Related Web Resources:
Mass Law about Rape and Sexual Assault, Massachusetts Trial Court Law Libraries

Sex Offender Registry Board, Mass.gov

Continue reading "Former Coast Guard’s Massachusetts Rape Trial Begins this Week" »

January 31, 2009

Convicted Massachusetts Rapist Claims He Isn’t A Pedophile

In an interview with the Patriot Ledger, convicted Massachusetts Level 3 sex offender Alvin B. Fields Jr. says he is not a danger to his community. Fields, a Plymouth resident, appeared in Plymouth District Court last week after he was apprehended for taking his clothes off in front of an Old Navy at a Massachusetts mall. In the last four years, Fields has been arrested a number of times for exposing himself in public. In 2005, he was convicted for statutory rape.

Fields says he never exposed himself in front of the Old Navy store. He also says that he did not know that the teenager he slept with, leading to his Massachusetts rape conviction, was only 13. He says that he pleaded guilty in that case and was given a lenient sentence due to extenuating circumstances.

Fields’s victim, however, says that she met him at a Quincy parking lot and he served her alcohol. She says she passed out and woke up to find Fields having sexual intercourse with her.

He was sentenced to a two-year prison term and a lifetime of parole, which means he could go back to jail for another arrest. However, the charges against him involving public exposure are not offenses that can be applied under this parole.

Levels of Sex Offenders in Massachusetts
Level 1: The Sex Offender Registry Board finds that the chance of the offender committing another sexual offense is low, as is his or her degree of dangerousness to the public.

Level 2: The Board considers this offender's risk of reoffense and dangerousness to be moderate.

Level 3: The sexual reoffender is considered at “high risk” for reoffending and his or her degree of dangerousness to the public is determined to be substantial.

Fields was on Massachusetts’s 2006 10 Most Wanted Sex Offender list because he did not register as a sex offender.

Level 3 sex offender: “I am not a pedophile",Enterprise News, January 29, 2009

Levels of Sex Offenders, Mass.gov

Related Web Resource:
WANTED: High Risk Sex Offenders, Mass.gov

Continue reading "Convicted Massachusetts Rapist Claims He Isn’t A Pedophile" »

January 23, 2009

Defense Lawyer Plans “Vigorous Defense” In Murder, Rape, Assault And Hatred Case Just Outside Of Boston

Today’s daily blog is actually a follow-up to yesterday’s blog, entitled, “Homicides, Assaults, Rape And Carnage In Shooting Spree One Hour South Of Boston “. Yesterday, I told you about the events which were reported in the streets of Brockton earlier in the week, made a few brief predictions and expressed sympathy for the accused’s attorney in any attempt to argue for his client’s release.

Of course, in this case, it did not take a legal expert of 25 years to predict that the gentelman was not likely to be going home any time soon.

Briefly, 22-year-old Kieth L (hereinafter, the Defendant”), is alleged to have gone on a rampage which included raping and shooting one woman, killing her sister, killing a local homeless man, leading the police on a chase, shooting at the police and then ending the chase by crashing into some cars.

He was arraigned at Brockton District Court yesterday, during which additional facts came to light. One of these items is the statement of the Defendant as to his motivations. It sort of reads like an odd type of "self-defense" argument which is unlikely to be successful in court.

According to the Commonwealth, the Defendant had told the police that he had hatched “an evil plan of mass murder and rape targeting victims he identified as non-white.” During the police interview, the Defendant allegedly said that he was fighting for a dying race” and that he was “fighting extinction,” according to a police report filed in court. He is also said to have admitted having stockpiled 200 rounds of ammunition to kill blacks, Hispanics and Jews.

The 18-page report by Brockton and state police described the Defendant as an obese, white man who lived with his mother and frequently surfed through racial propaganda on the Internet. " [The Defendant] told us that people on these sites spoke the truth about the demise of the white race," investigators wrote.

According to the chilling police report, the Defendant intended to end his bloody rampage at 6:30 p.m. at a synagogue near his Pleasant Street home, where Jewish people would be gathering for a bingo night. Then, he allegedly told police, he planned to shoot himself in the head.

Continue reading "Defense Lawyer Plans “Vigorous Defense” In Murder, Rape, Assault And Hatred Case Just Outside Of Boston" »

January 22, 2009

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

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

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

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

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

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

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

January 22, 2009

Appeals Court Delays Director Roman Polanski’s Hearing on Whether to Dismiss 1978 Child Rape Case Against Him

An appeals court has issued a stay on proceedings to determine whether to dismiss Academy Award-winning film director Roman Polanski’s bid to have a 31-year-old sex with a minor case dismissed. The 75-year-old filmmaker’s criminal defense team claims there is new, uncontested evidence of prosecutorial and judicial misconduct that deprived the 75-year-old filmmaker of his statutory and constitutional rights.

The exiled movie directed pleaded guilty in 1978 to one count of unlawful sexual intercourse with a 13-year-old female at the house of Academy Award winning movie star Jack Nicholson. Polanski was sentenced to 3-months at a psychiatric center. After about a month and a half at the facility, he was released. When it appeared that he would receive additional sentencing, Polanski left the United States and hasn’t returned since.

The movie director is now seeking to have the case dismissed after a 2008 documentary, “Roman Polanski: Wanted and Desired,” brought some of these new allegations against the judge and prosecutors to light. Now, the director's criminal defense team wants the child rape case moved out of Los Angeles.

Polanski’s then-teenaged victim, Samantha Geimer, is now 45. She has asked that the case against the director be dismissed. She says she doesn’t want to be further traumatized by having the details of the child rape case repeatedly rehashed. She also believes prosecutors are trying to take the focus away from their alleged wrongdoings in the case. Although prosecutors want Polanski to return to the US to be present for the proceedings, there is a warrant for his arrest if he does appear in court.

Polanski wins a stay on hearing in child-sex case, Los Angeles Times, January 21, 2009

Rape victim urges prosecutor drop charges against Polanski, AFP, January 13, 2009


Related Web Resources:

Roman Polanski: Wanted and Desired, HBO.com

Roman Polanski Media Reports Archive, The Zero.com

Continue reading "Appeals Court Delays Director Roman Polanski’s Hearing on Whether to Dismiss 1978 Child Rape Case Against Him" »

January 13, 2009

Boston Area Police Officers Approve Of Defense Attorneys When Facing Charges Of White Collar Crimes And Drunk Driving

So far, 2009 has been an active year for certain Boston-area law enforcement officials in terms of legal problems. Take for example Stoughton’s police chief, Manuel, C., 57 (hereinafter, “Defendant 1”), this week appearing beside his defense attorney, standing trial on white collar charges that he tried to use his authority to threaten a former Stoughton businessman in April 2002 to drop a complaint of misconduct against a former police sergeant.

He’s also accused of trying to cover up the sergeant’s attempt to coerce a settlement of a civil claim against the businessman.

Defendant 1 has been on paid leave since he was indicted nearly four years ago. He began trial in Dedham Superior Court yesterday.

Then there is the tale of Brockton Police Officer Daniel M., 31, (hereinafter, “Defendant 2”) who has finally returned to work for the first time since his May 2005 arrest on a rape charge. He is now undergoing retraining before hitting the streets again, Police Chief William Conlon said.

Superior Court Judge Paul Troy is said to have dismissed the rape charge last week after a series of legal proceedings and after the woman making the allegations failed to appear in court at any time. Because the charge was dropped, Defendant 2 will receive back pay from the city. Conlon said the city is now calculating that amount.

Defendant 2 had already served a five-day suspension given by then Police Chief Paul Studenski in connection with the case, Conlon said.

Continue reading "Boston Area Police Officers Approve Of Defense Attorneys When Facing Charges Of White Collar Crimes And Drunk Driving " »

January 12, 2009

Sex And The Boston Teacher Mean Business For Courts And The Criminal Lawyers As Rape Charges Are Filed

Police say Christine M., 29, a Boston teacher (hereinafter, the “Defendant”), was instructing one particular student in areas not on any approved curriculum. In fact, she apparently did so for almost two years and is said to have done it more than 300 times. Now, charged with rape, it is she who is going to have to learn from her defense lawyer.

The Defendant did not end the first full week of the new year in a good way last week. She was fired Thursday from her job at the elementary school. Thursday night, she was arrested at her home. Friday was “Court Day”, as she was arraigned on three counts of rape at the Brockton District Court (for sessions in Abington), and then to Hingham District Court to answer four additional counts for rape for the sessions in Rockland. She was released on condition she submit to GPS monitoring and stay away from the complainant and anyone under age 16.

The complainant, a 13-year-old student, says that they had a sexual liaison between the dates of February 2006, when she allegedly took his virginity, to November 2007. The lad told police they had sex for the first time on a couch at the Defendant’s home while her husband slept upstairs. He also described having unprotected sex in the shower, on the kitchen floor and on the living room floor, court documents say.

The Commonwealth alleges that the Defendant was working as a teacher's aide and tutoring the boy's younger brother when the relationship began. They claim that the father of the boy, now 16, went to authorities recently after he found some correspondence between his son and the Defendant.

Continue reading "Sex And The Boston Teacher Mean Business For Courts And The Criminal Lawyers As Rape Charges Are Filed" »

December 26, 2008

Call His Defense Attorney - Outside Boston Warrant Collector Is Back!

You know, it is not just Metro Boston law enforcement who know how to investigate. They are all trained to do it. That is why I keep telling you not to try to outwit them because you are not likely to succeed. Keep quiet, comply and get a criminal defense lawyer.

Michael W., 23, (hereinafter, the “Defendant”), thought he could fool the officer who stopped him earlier this week. He was riding in a car when it was stopped for speeding in Ashland, Massachusetts. When questioned as to his identity, the Defendant apparently gave the police a false name.

Unfortunately for the Defendant, however, the name he gave belonged to someone whom the officer knew was already in jail, according to the police.

Of course, the Defendant had a reason for wanting to be someone else…there was currently a warrant out for his arrest for the crime of rape.

Continue reading "Call His Defense Attorney - Outside Boston Warrant Collector Is Back!" »

December 24, 2008

Love, Drugs, Sex, And Violence Outside Of Boston – Defense Attorney’s Needed

Lack of good judgment, while not a crime in itself, easily causes arrests. Here are two stories from the Boston area which illustrate this point and show how bad judgment can be expensive in the way of time, money, stress and the overall need for a defense attorney.

Beverly Police have charged two men are charged with the rape of a woman after a party and a night of drinking and smoking marijuana over last weekend. Another man known only by his first name (hereinafter, “Unknown Defendant”) could also face charges — if he is ever identified.

Terrence C, 17, of Beverly and Derek B, 18, (hereinafter “Defendants 1”), of East Bostonare the two identified defendants.

The rape reportedly happened on December 19th at a Cabot Street apartment and was reported to police just after midnight on Sunday morning, December 21st when the victim showed up at the Beverly Hospital emergency room. Beverly Police arrested the two men about 9 a.m. on Sunday.

The complainant, who is 18 years old, told police that it all began at a house party on Friday when the victim and the men went to one man’s apartment because he was under house arrest with a bracelet and had to be home, according to the police report.

Apparently, being under house arrest with a bracelet on is not a sign to be wary to today’s youth.

When they arrived, the complainant told police she gave Unknown Defendant $30 in cash to buy her Mike’s Hard Lemonade and grape vodka. When they returned to the apartment they all smoked marijuana and drank together, the complainant told police.

Just another typical Friday night in the ol’ north shore!

Continue reading "Love, Drugs, Sex, And Violence Outside Of Boston – Defense Attorney’s Needed" »

November 26, 2008

North And South Of Boston, Sex Trade Stings Are In Full Swing

As we near Thanksgiving, we look around for reasons to be thankful. True, economic times are tough and getting tougher. However, it would appear that all the violent crimes and drug dealing in Lynn, Massachusetts, has been stopped. No more guns rape, robbery or murder. It would appear that even the drunk driving problem is under control.

Now, the police have the time and resources to concentrate on other vicious crimes plaguing our society.

Prostitution, for example.

This past Saturday, a well timed police prostitution sting was said to be different than others done in the recent past. According to the Lynn Item, it was conducted in “broad daylight”.

No pun intended, I’m sure.

“For the city of Lynn, unfortunately, it’s a 24/7 problem,” said Sgt. Rick Carrow of the world’s oldest profession. He is the head of the department’s Special Investigation Unit that conducted the operation between 1 and 4 p.m. Saturday, netting nine arrests of would-be customers.

“There’s a market out there and we’re going to do what we have to do,” he said. And so they did.

Twenty-four-year-old Officer Kelly Aylward was the undercover decoy during the operation conducted in the downtown area, according to Carrow. The targets of this brilliantly conceived plan was to have an attractive female see if she could get men to want to have sex with her and be willing to pay for it.

Continue reading "North And South Of Boston, Sex Trade Stings Are In Full Swing" »

October 8, 2008

Massachusetts Rape Cases Involving Young Victims Continue to Make Headlines

In Massachusetts on Tuesday, Medford resident Philip Duffy was sentenced to a life sentence plus 10 to 12 years for the rape of two deaf girls. At his criminal trial last August, Duffy, 48, was found guilty of three counts of indecent assault and battery on a child younger than 14, five counts of indecent assault and battery on a person older than 14, and posing a child in a nude state. He allegedly assaulted one of the girls multiple times over a four-year period from the time she was 12 years old. Duffy will be eligible for parole after 15 years.

In another recent rape case involving a young victim, psychiatric patient Vernon Lee Thompson is scheduled to be arraigned this week on charges that he raped a 14-year-old hospital volunteer at the Lemuel Shattuck Hospital in Jamaica Plain. Prosecutors say that Thompson raped the volunteer two times in a stairwell on July 10. A nurse reportedly saw Thompson with the girl but did not stop him. Another witness also saw them together and “separated them.”

According to the US Department of Justice, 2/3rds of all reported sexual assault crimes involve minors younger than 18. In Massachusetts, prosecutors will aggressively pursue anyone charged with the rape of a child or an adult, and the penalties if convicted are severe. This is why it is important that if you have been arrested for a sex crime, you retain the services of an experienced criminal defense law firm to protect your rights and provide you with the best defense.

Recently, new Massachusetts legislation created new child abuse crime categories, including assault and battery of a child under 14, aggravated statutory rape, and aggravated forcible rape of a child. Conviction of any of these crimes now comes with mandatory minimum prison sentences.

Philip Duffy gets life for raping 2 deaf children, BostonHerald.com, October 7, 2008

Psychiatric patient indicted on rape charges, Boston.com, October 6, 2008

Child Protection Act just a start, Wickedlocal.com, July 30, 2008


Related Web Resource:
An Act Protecting Children in The Commonwealth (H4905)

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