Boston Criminal Lawyer Blog

In Massachusetts, Robert J. Shea, a basketball coach and custodian at Everett Middle School has been charged with two counts of rape and three counts of indecent assault and battery involving a 12-year-old boy. He has pled not guilty to the charges.

Shea’s arrest on April 6 and the subsequent charges announced on April 7 came a few days after the boy’s mother reported him to police. Prosecutors claim that Shea sexually abused the boy for six months and the abuse incidents occurred in the 57-year-old’s house and at Everett High School.

Shea, an Everett School Department employee for 25 years and a junior varsity basketball coach for 14 years, has expressed shock at the charges. His Massachusetts criminal defense lawyer says that Shea only acted as the boy’s friend and older brother and that this is the first allegation against him after working around children for years.

Everett schools superintendent Frederick F. Foresteire says that this is not the first time that Shea has been investigated. He was investigated by the Everett Police Department in 2005 and the Department of Social Services in 2003. Both cases were closed without findings. Shea has been suspended from his job until the Everett sex crimes case is resolved.

Child rape is considered a very serious offense. In Massachusetts, a conviction for forcible rape of a child can lead to a lifetime prison sentence. If you have been arrested for sexual assault of a child or an adult, you should contact our Boston sex crimes law firm right away.

The issue of child rape has been in the news headlines lately. This week, the U.S. Supreme Court heard arguments on whether a child rape conviction should lead to the death penalty. The case was brought to the Supreme Court by Patrick Kennedy, a Louisiana man that was sentenced to death after being convicted of raping the 8-year-old daughter of his girlfriend. He is appealing his sentence.

US high court mulls death for child rape, AP, April 17, 2008

Everett schools employee accused of sexually assaulting boy, Boston Globe, April 8, 2008

Related Web Resources:

Sexual Assault and Rape, Norfolk District Attorney's Office

Rape a child, pay with your life, Louisiana argues, CNN.com, April 15, 2008

Continue reading "Everett Middle School Employee Charged with Child Rape and Indecent Assault and Battery in Massachusetts Pleads Not Guilty " »

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Woburn, Massachusetts resident Nicholas Chiaraluce has been cleared of the aggravated rape charge in an incident involving an unconscious woman in the bathroom of the Felt nightclub. In Boston Municipal Court today, the charges against him were formally withdrawn.

Boston police arrested Chiaraluce after the January 19 incident. Following the arrest, he pled not guilty to the rape charge and was released on bail. He says he was trying to help the woman and had even asked a friend to come to the club to assist them.

Suffolk District Attorney Daniel F. Conley's office says that the Commonwealth has determined that it does not have evidence to prove that Chiaraluce committed the offense beyond a reasonable doubt.

Chiaraluce applauded his exoneration. He says that he and the woman had consensual sex. He also criticized police for arresting him without speaking to the woman.

Boston police maintain, however, that credible witnesses had said that the Woburn man was seen performing a sex act on a woman who was unconscious—which indicated that she might have not able to give her consent.

Tests showed the woman had alcohol in her system. Her friends have also said that Chiaraluce did not sexually assault her.

Chiaraluce reportedly lost a job opportunity because of the arrest.

Being charged with a sex crime you did not commit can be very damaging to your personal life and your career. If you have been arrested or are under investigation for sexual assault, you should contact our Boston, Massachusetts sexual crimes law firm to discuss your case. Just because you are innocent doesn’t mean you will be exonerated. This is why it is so important to have an experienced criminal defense team on your side.

Unfortunately, a person can be wrongfully accused of committing a sexual crime. Jealousy, the need to receive attention, police or prosecutor error, and mistaken identity are some of the many reasons that false accusations and wrongful charges can arise.

Woburn man cleared of rape criticizes Boston police, Boston Globe, March 5, 2008

Related Web Resources:

Man is charged with raping unconscious woman at club, Boston Globe, January 24, 2008

Read Our Law Firm's Blog About the Arrest and Charges, BostonInjuryLawyerblog.com

Continue reading "Suffolk Prosecutors Drop Aggravated Rape Charge Against Woburn, Massachusetts Man " »

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In Massachusetts, state officials filed legislation that would allow prosecutors to demand that a jury rule on whether a sex offender is considered dangerous. Massachusetts law currently mandates that a sexually dangerous individual be civilly committed anywhere from 1 day up to the rest of his or her life at the Massachusetts Treatment Center in Bridgewater.

Last week, Corey Saunders, 26, was arrested for allegedly raping a 6-year-old boy at the New Bedford Library after luring the boy into the magazine racks. The boy’s mother was nearby, using a computer.

Saunders had already served four years in prison for the attempted rape of a 7-year-old boy in a foster home where Saunders had been placed. He was released in December 2006 even though three psychologists and prosecutors had said he was too dangerous to set free. Police believe that he has lived in New Bedford since August 2007 and waited until this year to register as a sex offender.

Following his arrest for the New Bedford rape incident, Saunder’s criminal defense lawyer waived his right to a dangerousness hearing. The 26-year-old has also been charged with failing to register as a sex offender within the 45 days that the law stipulates. Saunders has pled not guilty to the rape charges.

According to Middlesex District Attorney Gerard T. Leone Jr., of the 47 trials since 1999 in Middlesex County to decide whether a convicted sex offender is sexually dangerous, 25 of the cases were determined by judges, with 60% of the offenders classified as sexually dangerous. Of the 22 cases that have gone before a jury, 68% of the offenders were ruled sexually dangerous.

If you have been charged with a sex crime in Boston, New Bedford, or anywhere in Massachusetts, you should speak with one of our Massachusetts sex crimes attorneys right away. You have a right to the best defense possible.

Push underway to boost role of juries in dangerous sex offender trial, Boston.com, February 7, 2008

Accused rapist waives right to dangerousness hearing, BostonHerald.com, February 7, 2008

Related Web Resources:

Sex Offenders, Mass.gov

Mass General Laws Section 178 - Sex Offender Registry Board, Mass.gov

Continue reading "Massachusetts Officials Want to Give Jury a Bigger Role in Dangerous Sex Offender Trials" »

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Carl Stanley McGee, the assistant secretary for policy and planning for Massachusetts Governor Deval Patrick’s administration has been charged with the sexual assault of a male teenager in Florida.

McGee, 38, was arrested last December in Boca Grande at the Gasparilla Inn & Club resort. The sexual assault incident allegedly took place in a steam room.

McGee, top aide to Patrick, has been on administrative leave since last January. His arraignment on sexual battery charges is scheduled next week.

According to the police report by the Lee County Sheriff's Office, McGee met the boy, 12-16 years of age, in a bathroom at the resort. The boy claims that the following day, McGee saw the boy in the resort’s steam room, took off his towel, began rubbing the boy’s shoulders and back, and performed oral sex on the boy.

The boy told his father, who notified local police. They arrested McGee based on the boy’s physical description of the man who allegedly sexually assaulted him.

On December 30, McGee was freed on $300,000 bond.

McGee is married to John Finley IV.

In Massachusetts, the punishment for conviction of forcible rape of a child younger than 16 can be life in state prison. Conviction for indecent assault and battery on a child older than 14 is punishable by up to five years in prison.

Sex crimes in Massachusetts are very serious offenses. The best way to defend yourself against any sexual crimes charges is to hire an experienced criminal defense law firm to fight for your rights.

Gov.'s Aide Charged With Battering Boy, 15, The BostonChannel.com, February 7, 2008

Patrick aide charged with sexually assaulting boy in Florida, Boston.com, February 7, 2008

Related Web Resources:

Sexual Assault & Rape, Norfolk District Attorney's Office

The Official Web Site of the Governor of Massachusetts

Continue reading "Massachusetts Governor’s Aide Charged with Sexual Assault" »

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Nicholas Chiaraluce, a 21-year-old Woburn college student, was released on $30,000 cash bail yesterday after he was charged with one count of aggravated rape. The woman he allegedly raped was unconscious in a men’s bathroom at the Felt nightclub in Boston, Massachusetts. The incident allegedly took place on the night of January 19.

Chiaraluce says he is not guilty of the charges and that he was trying to help the victim, a 21-year-old Boston resident. He says that he even called for help. He expressed dismay that his efforts to help the girl led to his apprehension in the Boston rape case.

Chiaraluce was arrested after a witness reported seeing him having sex with the woman, who was unconscious at the time, in the bathroom.

Boston police say that a friend of Chiaraluce’s came to the club after the suspect called him, asking him to come. Police say the friend refused to help put the girl’s clothing back on.

Chiaraluce allegedly told police that he had never met the girl before but had bought her a drink. Authorities confiscated his pants, which had some unknown substance on it, as well as a girl’s underwear, which was found in the bathroom.

Being charged with rape, or any type of sexual assault charge, is a very serious offense in Massachusetts.

Aggravated Rape
Aggravated rape involves the rape of a person against their will or without their consent, which can result in serious bodily harm.

A rape conviction can lead to a lengthy prison sentence and your name listed for life as a registered sex offender.

Our Boston, Massachusetts criminal defense law firm would be happy to discuss your rape case with you during a free consultation.

Man is charged with raping unconscious woman at club, Boston.com, January 24, 2008

DA: Student raped unconscious woman in Hub nightclub, BostonHerald.com, January 23, 2008

Related Web Resources:

Massachusetts Sentencing Grid Guideline, Mass.gov

Aggravated Assault, FBI.gov

Continue reading "Woburn, Massachusetts Man Pleads Not Guilty to Raping Unconscious Woman in Boston Nightclub's Bathroom" »

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Once dubbed by People magazine as one of the country’s “Most Eligible Bachelors,” former Suffolk County Assistant Prosecutor Gary Zerola must now stand trial for rape. Zerola faces rape charges in Massachusetts and Florida.

Opening statements in Suffolk Superior Court are scheduled for Wednesday. The trial in Massachusetts involves his alleged rape of two women. One incident reportedly occurred in Boston in 2006, while the other is said to have taken place in 2004. Both women were 19-years-old at the time of the alleged attacks.

The woman allegedly assaulted in the 2004 attack says that Zerola raped her repeatedly while she was in his apartment. The other woman says that he physically assaulted her and ripped her clothes when she refused his sexual advances.

Zerola also faces charges in Florida for allegedly raping an 18-year-old woman after forcing her to take drugs. The sexual assault incident reportedly occurred in Miami in October while Zerola was out on bail. The woman says she was a virgin before the assault.

Middlesex County prosecutor Suzanne M. Kontz says Zerola targeted these women. Prior to allegedly raping his victim in the 2006 case, he bought her expensive clothing at Neiman Marcus.

Zerola has pled not guilty to all charges, which include rape, assault to rape, assault and battery, kidnapping, witness intimidation, and providing alcohol to a minor. He is charged with sexual battery in Florida.

Friends of Zerola say the man has dedicated his career to helping people. As an assistant district attorney, he prosecuted people accused of domestic violence and child abuse. He also is a well-known advocate of foster children. Zerola opened his own criminal defense law firm in 2000.

If you have been accused of committing rape or any other type of sexual assault crime in the Boston area or anywhere in Massachusetts, you must speak with an experienced criminal defense team right away. You cannot afford not to have a strong, strategic, and aggressive criminal defense team on your side. You have the right to a fair trial.

DA aims to show hunk is a skunk, Boston Herald, January 8, 2008

'Most Eligible Bachelor' faces rape cases in two states, CNN.com, January 7, 2008

Related Web Resources:

Gary Zerola's Law Firm Web Site

Six Who Made a Difference Share Their Wishes: Gary Zerola, Boston Globe, February 22, 2004

Opening statements in Zerola case expected on Wednesday, Massachusetts Lawyers Weekly, January 8, 2008

Continue reading "Former Suffolk County Assistant District Attorney Gary Zerola On Trial in Massachusetts For Rape" »

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Police in Massachusetts arrested Keith L. Sampson, a dance instructor who lives in South Easton on Saturday. He is charged with raping a 15-year-old student at his home. The girl was with Sampson when police arrested him. Police found the two of them after the teenager sent a text message to a friend who then told police where she was.

The 15-year-old studies dance with Sampson at a school in Johnston, Rhode Island. Sampson is now in custody but had been out on bail because of his alleged involvement in another rape incident involving another 15-year-old girl.

Sampson, 29, was arrested in 2005 for the alleged rape of another one of his students, this time in Norton. He faces two counts of statutory rape in the first case. In this latest case, he was charged with rape of a child and drugging an individual for the purpose of sexual intercourse. Sampson says he is not guilty.

In Massachusetts, nonconsensual sex with a person under 16 years of age is considered the rape and abuse of a child. A conviction for raping a child can lead to life in person.

Under the General Laws of Massachusetts:

Chapter 265: Section 23. Rape and abuse of child

Section 23. Whoever unlawfully has sexual intercourse or unnatural sexual intercourse, and abuses a child under sixteen years of age shall, for the first offense, be punished by imprisonment in the state prison for life or for any term of years, or, except as otherwise provided, for any term in a jail or house of correction, and for the second or subsequent offense by imprisonment in the state prison for life or for any term of years, but not less than five years; provided, however, that a prosecution commenced under the provisions of this section shall not be placed on file or continued without a finding.

If you are accused of committing rape or any other type of sexual assault crime in the Boston area or anywhere else in Massachusetts, it will be up to the criminal defense attorney that you hire to defend you against the charges and—if your case goes to trial—convince a jury that you are not guilty.

Dance teacher facing another kid rape rap, Boston Herald, January 4, 2008

Dance teacher again busted for rape, The Sun Chronicle, January 4, 2008

Related Web Resources:

The General Laws of Massachusetts

Mass. Law About Rape and Sexual Assault

Continue reading "Massachusetts Dance Instructor Faces Charges In Second Rape Case" »

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The defense attorney for Magician David Copperfield say that a Grand Jury leak in the celebrity’s rape investigation case has undermined the investigation and unfairly defamed his client’s reputation.

A 21-year-old Washington State woman is claiming that the 51-year-old magician raped her over a 2-day-period at his 150-acre resort in the Bahamas. She also is accusing him of striking her and threatening her before placing her on an airplane.

The 51-year-old magician has not been charged with any crime. The leak, however, could contaminate any jury pool if he is charged, and destroy his reputation.

The woman claims that a member of Copperfield’s entourage approached her and her family at one of the magician’s performances on the West Coast. They were given special seats and she was invited onstage during the performance.

She claims Copperfield invited him to his Bahamas retreat. When she returned from her trip, she filed a police report and was examined at a sexual assault center.

The FBI has searched a Las Vegas casino hotel room and the magician’s warehouse. They confiscated a computer hard drive and a digital camera.

Copperfield’s attorney denies that he raped anyone.

A rape charge is considered a very serious criminal offense.

Celebrity Trials
When a celebrity is charged with a crime, the case is usually very high profile and attracts a great deal of media attention. Some analysts express concerns that celebrities convicted of crime get special attention and that the public and juries can’t help but have biased feelings about a celebrity defendant.

Usually, defense attorneys will have to work extra hard to prove that their celebrity clients are not guilty. Any leaks could taint any potential jury pool. Criminal investigations and trials involving celebrities tend to be very costly for everyone involved and even if a celebrity defendant is exonerated, the damage to his or her reputation or career may be irreparable.

Whether you are a celebrity or a private citizen accused of committing a crime, you should hire an experienced criminal defense attorney that can properly defend you against any charges.

Leak Complicates Copperfield Case, CBS News, October 30, 2007

At Celebrity Trials, the Spotlight Is Sharp but Shifting, New York Times, January 29, 2005

Related Web Resource:

Sexual Assault & Rape, Mass.gov

Continue reading "David Copperfield Says Grand Jury Leak in Rape Investigation Undermines Case " »

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Warren Steed Jeffs, the leader and prophet of the country’s biggest polygamist sect, is about to stand trial for accomplice to rape. Jeffs’s accuser, a woman under police protection, was 14 years old when Jeffs forced her to take part in a “spiritual marriage” with her 19-year-old first cousin—despite her wish that she not marry him. Jeffs married the couple in Las Vegas. The marriage, however, was not sanctioned by the state of Nevada.

Jeffs is charged with two felony counts of rape as an accomplice. If convicted, he could spend the rest of his life in prison. The fourth day of jury selection ended today.

The girl told police that she was uncomfortable with her husband’s sexual demands, but that Jeffs advised her that to obey him was her spiritual duty. According to Jeffs, not obeying her spouse would cause her to lose her salvation. He also referred to her husband as her spiritual leader.

Jeffs is the head of the Fundamentalist Church of Jesus Christ of Latter Day Saints (FDLS). There are more than 8,000 FDLS members. Many girls, as young as age 13, are forced to marry men chosen by FDLS leaders. Men need at least three wives to get to heaven and women must have one baby a year.

About 70 followers are listed as possible witnesses for his trial. Former FDLS followers say that child molestation, incest, and spousal abuse are common within the FDLS community.

For 115 days, Jeffs was included on the list of the FBI’s Most Wanted. He was apprehended in Las Vegas in August 2006. Following his trial in Utah, Jeffs will have to answer to arrest charges in Arizona.

Accomplice to Rape
Being charged as an accomplice to rape means that Jeffs isn’t’ charged with physically rape the girl. He is charged because he forced a minor to marry an older man.

In Massachusetts, being charged with any kind of sex crime is a very serious matter that comes with severe penalties if a person is convicted. Also, once you are convicted of committing a sex crime, your name will be registered on the Massachusetts Sex Offender Registry for the rest of your life.

Polygamist prophet is now a criminal defendant, CNN.com, September 12, 2007

Prophet or accomplice to rape?, Winnipeg Free Press, September 9, 2007

Polygamist in Utah court on Rape charge, USA Today, November 22, 2006

Polygamist Leader Warren Jeffs Appears in Court, CNN, November 21, 2006

Related Web Resources:

Wanted by the FBI, FBI.gov

Continue reading "Polygamist Warren Jeff’s Criminal Trial is About to Begin" »

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A man believed to be the sexual predator in the Beacon Street attack on a female
is also wanted for questioning in at least two other sex attacks in Boston.

The State Police Crime Lab have found forensic evidence that they believe also links the suspect to a July 2006 sexual assault case in Boston and a June rape case involving a woman Esplanade jogger.

On July 29, a woman was robbed at knifepoint and sexually assaulted early in the morning at the Charles River Esplanade. The victim of the June attack was a woman jogging close to the Massachusetts Avenue bridge.

There are different kinds of sex crimes that a person can be arrested for in Massachusetts, including:

• Sexual assault
• Date rape
• Rape
• Statutory rape
• Child molestation
• Prostitution
• Human sex trafficking
• Child pornography possession
• Child pornography distribution

Any person convicted of a sex crime will have to register as a sex offender for the rest of his or her life. A sex offender is anyone living in Massachusetts who has a sex conviction on his or her criminal record or has received an adjudication for a sex crime as a juvenile. This registry is accessible to the public.

Rape is considered first-degree sexual assault. A person can be charged with rape if alcohol or drugs were involved and the alleged victim says that he or she did not give their consent to the sex act because their ability to say no was impeded by narcotics or alcohol. Non-consensual sex that takes place under the threat of injury or violence or accompanied by physical force can also lead to a rape charge.

Statutory rape involves sexual intercourse with a minor (a person under 18 years of age). 18 years of age is considered the age of consent, and an adult who has sexual intercourse with a minor (even if the minor agreed to the sex act) can be charged with statutory rape.

It is important to hire a criminal defense lawyer who knows how to defend a person charged of a rape crime or any other kind of sexual assault crime.

Serial sex predator in Boston, Bostonnow.com, August 8, 2007

Woman assaulted, robbed on Esplanade, Boston.com, July 30, 2007

Related Web Resources:

Obtaining Information About Sex Offenders, Mass.gov

Massachusetts Law About Sex Offenders

Continue reading "Massachusetts State Police Search for Alleged Serial Sex Predator in Boston" »

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Prosecutors in Massachusetts have dropped the rape charge against Derrick Patrick, a former youth counselor. Patrick, 36, was accused of sexually assaulting a teenager at the Ella J. Baker House, a troubled youth center where he worked in Boston’s Dorchester area.

The rape charge was dropped after prosecutors carefully reviewed the facts and completed an “extensive consultation” with the alleged victim.

Patrick, as part of his plea deal, instead pleaded guilty to four misdemeanor counts of having sex for a fee. His sentence is 60 days in prison and two years probation. He served the 60 days while waiting for his trial.

The Suffolk District Attorney’s Office says that Patrick paid a 17-year-old girl four times for sexual intercourse. The teenager accused him of raping her at a Baker House bathroom after she wouldn’t have sex with him in January 2006. He denied the rape charge. A DNA test did not connect Patrick to the girl.

In Massachusetts, the law defines rape as “sexual intercourse or unnatural sexual intercourse,” and includes several classifications of rape:

• Statutory Rape of a Child (a person under 16 years of age)
• Forcible Rape of a Child
• Aggravated Rape of an Adult (a person over 16 years of age)
• Aggravated Rape of an Adult

Punishment for raping a child can lead to life imprison. Depending on the kind of rape act performed on an adult, a person convicted of rape could spend anywhere from 20 years to life in prison.

If you have been wrongfully charged with committing a rape crime, you must hire a criminal attorney immediately. There may be strong evidence that can prove you are not guilty. An experienced criminal defense lawyer can prove your innocence or try to negotiate a plea deal where the charges against you or your sentencing can be reduced.

False rape accusations are not uncommon. A 1996 U.S. Department of Justice study called “Convicted by Juries, Exonerated by Science: Case Studies in the Use of DNA Evidence to Establish Innocence After Trial” documents 28 rape cases where 27 individuals that had been convicted by juries were later exonerated because of DNA tests.

Rape Charge Dropped Against Former Counselor, Boston.com, June 30, 2007

False Rape Accusations May Be More Common Than Thought, Foxnews.com, May 2, 2006

Sexual Assault & Rape, Norfolk District Attorney's Office

Related Web Resource:

Massachusetts Law About Sex

Continue reading "Boston Prosecutors Drop Rape Charge Against Former Youth Counselor" »

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