Boston Criminal Lawyer Blog

Lest you think that Amy Bishop is the only person being haunted by Ghosts of Boston-Area Criminal Allegations Past, let me discuss with you the case of Bob O. (hereinafter, the “Target”). Suddenly, the Target needs a lawyer. A good one. An experienced one.

It was the summer of 1976. Sam A. (hereinafter, “Witness”) recalls he was strolling down the Boston streets when he ran into his friend, the Target. The Target was with a 14-year-old lad that we will call “Youth”.

“Gee”, thought Witness. “It sure is odd to find [Target] with a 14-year-old…” and then the thought of said oddity dissolved inside Witness’ head.

Thirty years went by. Witness and the Target became closer and closer, sharing a passion for sports. Over the years, the Target built up quite a reputation as a standout coach for the powerhouse basketball team at Christ the King Regional High School in Queens, New York.

Well, it looks like the friendship has seen better days. You see, Witness is now cooperating with Boston prosecutors presenting evidence to a Suffolk grand jury that the Target repeatedly molested Youth all those years ago, while staying at the Sheraton Boston Hotel.

Continue reading "Grand Jury Investigation Into Past Boston Sexual Assault Underscores Need For Experienced Criminal Defense Attorney…Quick!" »

A second woman is now accusing Pittsburgh Steelers quarterback Ben Roethlisberger of sexual assault. The alleged incident is said to have occurred at a Georgia nightclub early Friday morning close to where the NFL player owns a home.

The football player and the alleged victim had been socializing with the same groups of people that evening. The woman, age 20, was treated at a hospital and then later released. She filed her complaint later that night.

No criminal charges have been filed against Roethlisberger, and investigators are looking into the allegations. Deputy Police Chief Richard Malone noted that the football player is not an official suspect in the case at this time, and witnesses are being interviewed. Roethlisberger’s agent has expressed skepticism that these latest allegation against the football player are true.

The Steelers quarterback is the defendant of a personal injury lawsuit accusing him of sexually assaulting another woman. The accuser, Harrah’s hotel employee Andrea McNulty, never filed a police report over the alleged incident and no criminal investigation ever took place. McNulty claims that the NFL player raped her after summoning her to his room to repair a TV.

Boston Sexual Assault Crimes
Sexual crimes are serious offenses that can lead to harsh punishments for those that are convicted of:

• Rape
• Statutory rape
• Sexual assault
• Child Pornography
• Prostitution
• Indecent Assault & Battery
• Cyber Sex Crimes
• Sex crimes involving children (ages 14 and under)
• Pornography
• Lewd Conduct

NFL star Roethlisberger accused of sexual assault, CNN, March 5, 2010

Andrea McNulty Accuses Ben Roethlisberger Of Sexual Assault, Huffington Post, July 21, 2009

Related Web Resources:
Ben Roethlisberger, NFL.com

Continue reading "NFL Football Player Ben Roethlisberger Accused of Sexual Assault " »

Here is another arena in the Boston area where the hysterical cry of the Lawenorder Bird calls, “Softoncrime! Softoncrime!” The bird, considered a symbol of justice to some is seen as a predatory bird by others. Criminal defense attorneys for example.

The arena is one in which only one-half of its nesting area is visible to the general population. The nesting area is known as “The Administration”. The arenas are educational institutions littered throughout the Commonwealth. Academic in nature, they often do not consider certain real-life considerations. This makes them especially susceptible to public opinion.

And public opinion is almost always in favor of an easy answer to crush the problem of crime.

“Ok. Now what on Earth is he writing about today?”, you ask. “Predatory birds? Nests susceptible to public opinion? Has Sam Goldberg finally lost his grip?”

Continue reading "Attorney Sam’s Take: Massachusetts Campus Crime Report Seems To Contend That Sexual Assault Is Now “Acceptable” In College" »

The game of politics is afoot again in the Boston area! This means that, as the race for the late Senator Kennedy’s seat comes to the wire, it is time for whatever mud can be thrown upon one’s opponent . Often, the accusations involve the criminal justice system. That’s where I come in. Today we look at accusations involving a 2005 rape case and Attorney General Martha Coakley.

In October, 2005, 31 year-old Somerville Police Officer Keith W. (hereinafter, the “Defendant”) was said to have raped his 23-month-old niece with a hot object, most likely a curling iron. The case was presented to a Middlesex grand jury which was overseen by Coakley. That grand jury did not take action against the Defendant. Thereafter, the child’s mother filed applications for criminal complaints in the case and it was then that the grand jury indicted the Defendant.

When the Defendant was before the court, the prosecution recommended that the Defendant not be held on bail, but released on personal recognizance. He remained free until December 2007, when he was found guilty.

Now, political opponents, both old and new, are taking the pulpit to decry Coakley’s handling of the case and making the typical cry of “too soft on crime”.

Continue reading "Boston AG Is Accused Of Mishandling Grand Jury Investigation And Bail Issues In Rape Case" »

Okay, here is the unfortunate truth of the matter – safeguarding Constitutional rights does not always bring happy results. Sometimes the cost is tragic. Most of the professionals involved in the criminal justice understand that. Massachusetts Kingston Police Chief Joseph Rebello is not one of those professionals apparently. I am guessing he is not a big fan of criminal defense attorneys either.

Nor is he likely to enjoy today’s blog.

The man at the heart of the story is Joseph G., a 26 year-old construction worker, of Kingston (hereinafter, the “Defendant”). He was arraigned last week on charges that he sexually assaulted a girlfriend’s 3-year-old daughter in Kingston. It was his second such charge. In fact, he had been charged this summer with raping another child.

The most recent matter came into being while the Defendant was free on bail.

Continue reading "On Massachusetts Probation, Child Rape Suspect Is Arrested For Second Sexual Assault While Out On Bail" »

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" »

Six family members have been arrested in connection with a child sex abuse investigation involving at least six alleged victims. The men who were arrested are Mohler brothers Burrell Edward, 53, David, 52, Jared Leroy, 48, and Roland Neil, 47, their 77-year-old father Burrell Edward Mohler, Sr., and his 72-year-old brother Darrel. Criminal charges against them include deviate sexual assault, rape, and use of a child in sexual performance. More charges are expected.

The Mohlers are accused of sexually abusing six of their relatives when the alleged victims were minors. Now adults, the people who have come forward are accusing the men of rape, forced abortions, mock weddings, and sexual performances.

Darrel Mohler, who has been charged with two counts of rape of a child under 14, says he knew “what was going on in Missouri” and had not been there since the ‘80s. He is accused of raping two relatives, age 6 and 5, during a sleepover. According to prosecutors, after the alleged incident, Burrell Mohler Sr. told the crying girls to be careful that the waterbed didn’t burst and drown them.

Another man, Mark Young, says his son is also a sex abuse victim. Young’s ex-wife married Burrell Edward Mohler Jr. Young says his son was 7 at the time of the alleged child sex abuse.

The alleged assaults are said to have occurred between the mid ‘80’s and at least through the mid 90’s. Police are looking for at least one body.

Burrell Mohler Sr., Jared Mohler, and David Mohler are lay ministers with the Community of Christ Church, which has since suspended their priesthood licenses.

Another man, Mohler family associate Larry Kidd, was arrested but later released. At this time he has not been charged and is working with investigators.

Police arrest sixth member of family accused of child sex abuse, CNN, November 14, 2009

Sixth Man Charged in Mohler Child Sex Case, Fox4kc.com, November 13, 2009

Father, 4 sons in court on sex charges, UPI, November 12, 2009

Related Web Resources:
Massachusetts Laws About Sex

Sex Offenders, Mass.gov

Continue reading "Sixth Family Members Arrested for Child Sex Abuse" »

Citing a lack of evidence, the Suffolk District Attorney's office says it will not file Massachusetts rape charges against a male Boston police officer accused of sexually assaulting a fellow cop. The announcement comes after prosecutors and detectives conducted a probe into the allegations by the female officer, who says that the male cop sexually assaulted her numerous times in August and September.

Boston Police detectives examined phone records, text messages, hotel records, and other documents, as well as interviewed over two dozen people. The female officer’s husband says that he and his wife plan to keep pursuing the case. They say the sexual assaults took place in several jurisdictions, including Boston.

The female officer says that the male cop forced her to have sex on several occasions and she became pregnant. She says that she had sex with him when he demanded it because she was scared of him.

The male cop has always maintained his innocence.

Massachusetts Rape
Rape allegations are very serious accusations against someone and the punishment for committing this type of sexual assault can be very serious. Not everyone accused of rape is guilty of the crime it is important that a suspect obtain the best representation possible to ensure the best defense against these charges.

Prosecutors will not pursue rape case against Boston police officer, Boston.com, November 2, 2009

Boston Cop Denies Raping Fellow Officer, WBZ, October 5, 2009

Text Messages Raise Questions About Cop's Rape Claim, The Boston Channel, October 3, 2009

Related Web Resources:
Police Department: City of Boston

Suffolk District Attorney's Office

Continue reading "Suffolk District Attorney Says Not Enough Evidence to Pursue Massachusetts Rape Case Against Boston Cop Accused of Assaulting Female Police Officer" »

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" »

As I write this year’s Halloween Attorney Sam's Take, I know that goblins, vampires and politicians are roaming around outside circling the streets of Salem, Boston and environs. Of course, as I've noted several times, that is not terribly new; it has been going on since October 1st! I had thought of dressing up in costume tonight to scare people as well. Then, I realized that it would be redundant…I’m a lawyer. People already avoid us like the plague.

Last year, I wrote a Halloween blog about the question of witch hunts. We entertained the question of whether or not they were really a thing of the past. We came to the conclusion that they were not. Only the names and faces of the targets have changed.

I don't see any reason to believe that this has changed much over the year. I do think, however, that we have been provided with a good example of how today’s “witches” can finally redeem themselves.

As I was growing up, and then again later when I was in law school, the late Michael Jackson was a beloved superstar. His talents, whether with his brothers or without them, were many and his following was enormous. There have been many public figures in our history who caught our hearts, became beloved and then, finally, were reviled. Granted, Michael seemed to lead the charge in his own publicity downfall. But he did follow the same familiar path. After ensuring himself legendary status, releasing the albums Thriller and Bad, his behavior seemed to become more and more…unusual. As he continued to release masterpieces we heard tales of bidding on the remains of the Elephant Man, sleeping in an oxygen tank and bleaching his skin. Then there was Neverland, kids and sleep-overs. Soon enough, there were blackmail threats and, finally, the criminal prosecution for sex crimes against children. Those of us who were not convinced of his guilt had to admit that simply labeling Michael as “strange” was like calling Hell "tepid"

Continue reading "Attorney Sam’s Halloween Take: Tales Of Sex Crimes, Death And Salvation" »

Four teens were arraigned yesterday in connection with the alleged gang rape of a 15-year-old girl on her high school campus:

• Cody Ray Smith, 15, pleaded not guilty to rape by force and rape with a foreign object.

• Ari Abdallah Morales, 16, did not enter a plea.

• Marcelles James Peter, 17, did not enter a plea.

• Manuel Ortega, 19, did not enter a plea.

The four teenagers are charged as adults. Another person, an adult, has also been arrested. His arraignment will take place on another day.

Smith, Peter, and Morales wore bulletproof vests at the hearing. The four teenagers are accused of participating in a 2 ½ hour gang rape of the victim on Saturday outside a Richmond, California high school.

Police claim that up to 10 people sexually assaulted the young girl, while 10 other people watched. None of them contacted 911. According to a 1999 state law, not reporting a crime that one has witnessed is only illegal if the victim is younger than 15. This means that police do not have the authority to arrest the people who were watching the assailants who raped the girl.

The victim, who was in critical condition following the assault, was released from the hospital yesterday. Police found her under a bench and unconscious after they responded to a 911 call from someone who heard people who were allegedly at the rape scene talking about what they’d witnessed.

Massachusetts Rape Crimes
Allegations of rape are very serious—especially when there are multiple parties involved. It is important that you retain the services of an experienced Boston criminal defense lawyer who can look through all the evidence and provide you with the best defense possible.

Police have been known to arrest the wrong person or get their facts wrong. Evidence may have been tampered with or a suspect’s rights may have been violated during the arrest.

4 arraigned in California gang rape case, CNN, October 29, 2009

No one called cops during gang rape, but some took pictures, ABC, October 27, 2009

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

Juvenile Crimes in Massachusetts (PDF)

Continue reading "Four Teenagers Arraigned in Alleged Gang Rape of 15-Year-Old Girl" »

At his arraignment last week in Falmouth District Court, Bourne Deputy Fire Chief Paul Weeks pleaded not guilty to one charge of oral rape and two charges of rape. Court documents indicate that the alleged rape occurred on October 20 and that Weeks was under the influence of alcohol at the time.

The Bourne deputy fire chief was released on his own recognizance after the hearing. Weeks’s criminal defense lawyer told the Cape Cod Times that his client is innocent.

In another Bourne rape case, Plymouth resident Stephen Clifford pleaded guilty to raping a North Sagamore woman last year. The woman was sexually assaulted and bound with duck tape. Clifford is sentenced to 9 – 12 years in prison.

Massachusetts rape charges can be hard to beat without the help of an experienced Boston criminal defense lawyer representing you. There may be evidence in your favor that hasn’t been looked at or the suspect’s side of the story may have gotten lost in the shuffle during the police investigation. Police may even have arrested the wrong person. A good Massachusetts criminal defense law firm can make sure that you get the best defense possible so that you obtain the best outcome for your case.

On Friday, David Flavell, a registered Level 3 sex offender, was charged with sexual assault. The victim is a 27-year-old hospital worker. Flavell allegedly assaulted her in the bathroom located in Massachusetts General Hospital’s lobby.

Flavell, however, says he had been drinking at the time and does not remember the crime happening. He was arraigned in Boston on charges of Massachusetts assault and battery by means of a dangerous weapon and assault with intent to rape.

Plymouth man admits to Bourne rape, Cape Cod Times, October 26, 2009

Bourne deputy fire chief in charged with rape, Boston Herald, October 22, 2009

Related Web Resources:
Massachusetts Law about Rape and Sexual Assault

Sex Offender Registry Board, Commonwealth of Massachusetts

As you might assume, I hear many complaints about the criminal justice system while fighting for clients'rights and freedom in the Boston area. Many feel they are being investigated or charged unfairly by prosecuting attorneys. Some feel like the system is too slow. Others feel the unfairness of what I have referred to as the “assumption of guilt” while they are presumed to be innocent.

I have ready answers for most of these complaints. I might not like them any more than my clients do, but I have the answers.

There is one criminal justice issue, however, to which there is no ready answer. It is the issue of unequal justice.

Let me give you an example. Backagain Barney has a long criminal record. He has been in and out of jail and probation for most of his adult life. Now, he is gracing the Boston Municipal Court with a new assault and battery charge. They say he got into a fight at the Boston Common with a stranger. He won the fight as well as overnight Commonwealth housing.

Just as Barney is facing the court at arraignment, Nick Nevershouldaproposed is facing arraignment in Lynn District Court. He, too, is charged with assault and battery. His case, however, involves his wife. He is accused of slapping her during an argument and threatening, in mid argument, “You make me so mad, I could kill you”. It is his second criminal matter. His first, about nine years ago, was for drunk driving.

Who do you think is the most likely to be released pending trial?

Continue reading "Attorney Sam’s Take: Under Arrest In Boston - Are You Likely To Make Bail?" »

Renowned film director Roman Polanski says he intends to fight efforts to extradite him to the United States on charges that he had sex with a minor in 1977. The 76-year-old filmmaker was apprehended in Switzerland last Saturday where he had arrived to accept a lifetime achievement award that the Zurich Film Festival was going to bestow upon him.

Polanski has been living in exile from the US since he left the country rather than be sentenced for pleading guilty to unlawful sex with a minor. Samantha Geimer, then 13, had accused the director of giving her champagne and a portion of a Quaalude pill before raping her. Although initially indicted on six felony counts, the other charges (which could have resulted in a lifetime prison sentence) were dropped after he entered his guilty plea.

Polanski served 42 days in prison and underwent an evaluation. Despite agreeing on a sentence, allegations have been made that the judge tried to go back on the plea agreement. Polanski then fled the country.

Geimer, now 45, has publicly forgiven Polanski. Earlier this year, Geimer submitted a a formal request to prosecutors that they drop the charges against the filmmaker. She and her family don't want to keep reliving the assault every time the media reports on the incident.

While France does not extradite its citizens, Switzerland does not provide such protections from international warrants. This was not, however, Polanski’s first visit to Switzerland. He owns a ski residence in Gstaad. California authorities reportedly have been engineering the filmmaker’s arrest ever since discovering he was going to the festival.

French Foreign Minister Bernard Kouchner is asking that Polanski be granted bail. Swiss authorities say that as long as Polanski agrees to stay in the country, he could be released on bail. France and Poland are in an uproar over Polanski’s arrest.

Roman Polanski's victim Samantha Geimer, now 45, 'got over it long ago,' New York Daily News, September 28, 2009

Polanski's Attorney Says He Will Fight Extradition to U.S., Washington Post, September 28, 2009

Related Web Resources:
Roman Polanski, IMDB

Polanski's arrest could be his path to freedom, AP, September 27, 2009

Continue reading "Roman Polanski Says He Will Fight US Extradition for Sex with a Minor Charge" »

Paul Shanley, 78, (hereinafter, the “Defendant”) is a defrocked priest who was sentenced in 2005 to 12 to 15 years for raping a 6-year-old boy in a Boston suburb parish in the 1980s. Now, his attorneys are challenging the conviction.

Most of the testimony by the complainant against the Defendant was said to be based on previously repressed memories. The Defendant is now challenging the notion of repressed-recovered memories, or dissociative amnesia.

During the Defendant’s trial, the then 27-year-old, victim testified that he did not remember the abuse until 2002 when news reports of other men accusing the Defendant of sexual assault. He claimed that it was these accusations that triggered his own memories. The memories included the Defendant pulling him out of Sunday school over a six-year period to rape and grope him in the bathroom, the confessional and the pews.

Now, the Defendant’s lawyers assert that jurors never should have heard the victim's tearful account because the psychiatric community itself cannot agree on whether repressed memories truly exist.

Continue reading "Appeal Of An Infamous Rape Conviction In Boston's Supreme Judicial Court" »

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

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" »

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" »

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" »

The Massachusetts Supreme Judicial Court says that people convicted of sexual crimes before 2006 do not have to wear GPS devices if they violate parole or probation. The decision split the court 4-3. The majority, however, said that the law cannot be applied retroactively.

The case involves a Bristol County sex offender who was convicted in 1997. Russell M. Cory pled guilty to indecent assault and battery on a child. He served time in prison for several years and was ordered to serve 25 years probation.

Cory left prison in May 2006. He did not take part in mandatory counseling sessions or treatment. Soon after the 2006 law went into effect, Cory was ordered to wear a GPS for violating his probation. Cory, a Level 3 sex offender, is back in jail.

Cory found that using the GPS device, which a sex offender must wear at all times, was a physical and emotional burden. Today, the Supreme Judicial Court said that forcing someone convicted of a sex crime before 2006 to use a GPS device is an unconstitutional burden on his or her liberty and that providing Cory with his constitutional protections against government intrusion takes precedence over the concern regarding public safety.

The Massachusetts Declaration of Rights bans retroactive punishments. This means that only sex offenders convicted of committing crimes that occurred after December 2006 will have to wear the GPS bracelet when on probation.

The Massachusetts Parole Board reports that there are 82 sex offenders on parole that have to use GPS devices. The board will now determine if any of these people are affected by the SJC’s ruling.

GPS Monitoring Devices for Sexual Offenders
The GPS bracelets transmits signals that reveal a sex offender’s location. This device allows law enforcement officers to know when a sex offender has entered an area where he or she is not allowed.

In May, the Supreme Judicial Court ruled that defendants charged with Massachusetts sexual crimes but have yet to be convicted do not have to wear GPS devices.

Even if you have been arrested, charged with, or convicted for a sexual crime, you are entitled to certain legal and civil protections under state and federal law. An experienced Boston criminal law firm can make sure that your rights are protected and provide you with a solid and effective defense.

A split SJC says 2006 law violates rights of some sex offenders, Boston.com, August 18, 2009

SJC decision allows thousands of sex offenders to wander freely, LowellSun.com, August 18, 2009

Sex offender can't be required to wear GPS device, rules Massachusetts' highest court, Lawyers USA/All Business, May 11, 2009

Related Web Resources:
Sex Offender Registry Board, Mass.gov

Massachusetts Supreme Judicial Court
http://www.mass.gov/courts/sjc/

Massachusetts Parole Board

Massachusetts Declaration of Rights