Boston Criminal Lawyer Blog

September is a-coming. It would appear that it will soon be time, once again in Massachusetts, for those school-time hijinks like bullying, assault and vandalism.

And police investigations.

Well, it looks like some people just can’t wait. No, not a high school or college campus crime this time. The event took place at Julia F. Callahan Elementary School in Lynn this past weekend. Vandals trashed the school, dumping paint, spraying fire extinguishers, shattering glass, overturning desks and copiers, and spewing classroom materials throughout the building, according to Deputy Superintendent Jaye Warry and Lieutenant William Sharp of the Lynn Police Department.

The police describe that the “school was entered and extensively vandalized,’’ Superintendent Warry, who has worked in the Lynn school system for 25 years, said this break in was “up there on the extent of damage.’’ She went on to say that the vandalism affected most of the two-story building and that the principal’s office was destroyed.

Continue reading "Attorney Sam Warns Students About Criminal Investigations After Lynn MA School Is Vandalized" »

Sex cases are a funny thing. That is, “funny” as in “strange”. In a country wherein we say that we prize the presumption of innocence, we really don’t act like we like said presumption very much.

Currently, I am handling a high profile case about child pornography. Already, the press is interested. This, of course, is natural and is the job of the media. However, I am troubled not by the fact that it is newsworthy, but the reaction of people. Any passer-by who is questioned about the matter seems to have already formulated the verdict of “guilty”. People are shocked that “this has happened”, except that a man's good deeds have been completely disregarded because of the new accusations. Other than that, nothing else has been proven to have “happened”.

What is even more troubling is the aftermath.

I can still locate articles from 2008 when another client of mine was arrested and charged with rape involving a child. People were interested then. Well, for the last two years, we fought against the “assumption of guilt” while trying to remind everybody else that a “presumption of innocence” was rumored to still exist. Finally, two years later, my client was completely exonerated…as in “Not Guilty”. Out of curiosity last night, I cruised the internet to find mention of the fact that my client, who attempts to resurrect his life now that he has been acquitted, has been found not guilty.

Big surprise – nary a whisper.

Continue reading "Another Clergy Sex Crimes Case Inspires Reflections On Years Of Boston Criminal Defense" »

The criminal trial of Vernon Thompson on two counts of Massachusetts rape is now under way. Thompson, 40 is accused of sexually assaulting a Newton teenager while he was a psychiatric patient at Lemuel Shattuck Hospital in Jamaica Plain in 2008.

He is accused of taking the girl, then 14, to an area of the hospital where there were no security cameras and sexually assaulting her. His Boston criminal defense lawyer is asking jurors to remember that the defendant was a mental health patient when the allegedMassachusetts sexual crime happened. She also noted that because of his diminished mental capacity, he was incapable of understanding his actions or conforming to the law.

Diminished Mental Capacity Defense
Due to mental illness, a psychological disorder, or other health issues, some people who’ve committed a crimes lack the capacity to understand that their actions constituted a criminal act. Evidence of diminished capacity can be presented to a jury as part of the defense as they consider whether to find a defendant guilty or not guilty of a crime.

Massachusetts is zealous when it comes to pursuing people charged with sexual crimes and it is important that you are represented by a Boston criminal defense lawyer that can secure the best outcome possible for your case. A conviction as a sex offender can land you in prison for years, place you on the Massachusetts sex offender registry for life, and likely have serious repercussions on your career and personal life.

Girl, 16, testifies at rape case, Boston.com, July 14, 2010

Hospital Rape Case To Begin, WCVB, July 6, 2010

Continue reading "Psychiatric Patient on Trial for Boston Rape Has Diminished Mental Capacity, Says His Massachusetts Criminal Defense Lawyer" »

As a Boston criminal defense attorney, I don’t seem to be able to read a news story and simply let it be. Particularly when it involves our criminal justice system and its participants.

After days of being unable to post the blog (again), I went looking for a story about which to write. At first, I thought I was thrown back to a few years ago when the clergy were in Justice’s sites, with now-adult-previous-child-complainants remembering sexual assaults of days gone by. This story, however, was a bit different.

The item involved the Reverend Emile B. (hereinafter, “Father Defendant”). He is a Walpole priest who was arrested by the State Police earlier this week on charges of indecent assault and battery.
The complainant, a 21-year-old-man, alleges that the assault occurred while he was an adult...in fact, this very week.

The accusation is that Father Defendant , co-pastor at the Church of the Blessed Sacrament in Walpole, followed the complainant into a wooded area behind the Route 138 Park and Ride lot in Canton at about 8:30 a.m. and touched him inappropriately, State Police said in a statement. The complainant claims that he then ran out of the woods and back into the lot to call the police. It was then that he allegedly observed Father Defendant get into his car. The complainant wrote down the license plate number and State Police tracked Father Defendant down at his home in Walpole, according to the statement.

Continue reading "A Boston Criminal Defense Attorney Returns To Examine A Walpole Priest Arrested For Sexual Assault " »

Confessions Of A Former Prosecutor - Introduction

...And so I sit to grab a moment of rest as I get home to my apartment after a day starting another trial. This time it is a rape case. Sex crimes cases are how I actually began in this work. My first year as an assistant district attorney in Brooklyn was in the Sex Crimes and Special Victms Bureau.

I remember back to one night, looking around my Brooklyn Heights apartment, papers and chineese food scattered, mid-trial, taking note of my surroundings. Then I looked into a mirror, seeing Mr. Prosecutor..red-eyed, sweaty and dressed...well, let's just say not at my best.

This is when I began thinking, "If people only knew...!"

There I was, mere months out of law school in Boston and now juggling around one hundred sex crimes cases…..all of which seemed bound for trial.

I had always loved performing, and so being a student prosecutor at Boston University Law School had been fun…but this was the real stuff. And there I lay on my couch, too tired to review a rape case that was mid-trial, yet knowing that I had to do so. All those "all nighters at school tended to pay off at such moments.

If people only knew…this is the picture of that scary prosecutor who had the power to send people to jail.

Continue reading " A Boston Criminal Defense Attorney Recalls His Days As A Prosecutor (Part One)" »

Today, the Boston Criminal Lawyer Blog sets its sight a bit further south. We look to Georgia and the case of Tonya Craft, the former kindergarten teacher who was charged with 22 counts of child molestation, aggravated sexual battery and aggravated child molestation. Her daughter along with the other three young accusers testified for the prosecution.

On Tuesday, the jury came back with the verdict of “Not Guilty”.

Hey, great, right? Justice was done and so it is big victory for Ms. Craft, yes?

Well, not so much. You see, win or lose, one's life is forever altered when such allegations come..

Craft describes that there are no winners in this type of situation. Her career is finished and she remains separated from her children who were taken away because of the allegations. There is also the matter of legal bills, stress on her family and supporters, not to mention stress on herself.

Not bad for a system that presumes innocence in a case where the person, at the end of the trial, remained so, huh?

Continue reading "The Boston Criminal Law Blog Questions Investigations and Prosecutions As Former Teacher Is Found Not Guilty Of Various Sexual Assaults" »

Earlier this week, when I said “ Tomorrow: Back To Bullying!” in the Boston Criminal Lawyer Blog I had intended to be writing myself about the South Hadley Bullying/Indictments issue. Unfortunately, this week’s schedule made it impossible for me to do so...for a few days (sorry about that). In the meantime, though, it would appear that just about everybody else was covering for me.

In an article today, the Boston Globe puts the cap on the week’s coverage by declaring that “Witch hunts won’t bring Phoebe Prince back”.

The article went on to discuss how the local world has spent the week condemning South Hadley school administrators for the girl’s tragic suicide. Apparently, the Globe indicates that said “witch hunters” are passing such judgment without benefit of all the facts, going further to explain that, under the law, school officials are constrained in what they can say about students or the school’s actions.

Since I have spent some time over the past couple of years condemning witch hunts, the article caught my attention. Let me review some of the history of this matter for you.

Continue reading "A Boston Criminal Defense Lawyer’s Take On Bullying, Criminal Charges And Credibility (Part One)" »

Two adults and three underage teen boys have been charged in connection with the gang-rape of a 7-year-old girl. The alleged victim’s 15-year-old stepsister has been charged with aggravated assault, promoting prostitution, and other crimes related to the case.

According to police, the 7-year-old was worried about her stepsister’s safety and went with her to a party. The teen had sex with a number of men in exchange for payment and also charged them to touch the 7-year-old. Police say that the touching became forcible sex and that seven men ended up raping the young girl. The men are accused of threatening to kill the 7-year-old if she screamed or reported the incident.

Among those arrested are 20-year-old Gregory Joseph Leary and 19-year-old Timear Lewis. The others that were apprehended are ages 17, 14, and 13. All five of them were charged with child endangerment and aggravated sexual assault. Leary has also been charged with having sex with a juvenile (the 15-year-old) too young to consent. The assault allegedly took place on March 28.

Even though nearly everyone arrested are juveniles, prosecutors may attempt to try everyone as adults.

Massachusetts Sex Crimes
You could find yourself in big legal trouble if charged with a Boston sexual assault crime. A conviction can lead to years in prison and a lifetime on the Massachusetts Sex Offender Registry Board, which will brand you as a convicted sex offender. It can be difficult to move on even after you have already completed your sentence and other penalties.

Outrage Follows Arrests in Rape of 7-Year-Old New Jersey Girl, ABC News, April 4, 2010

Five Charged in N.J. Child Rape Case; Girl, 7, Allegedly Pimped by Teen Sister, CBS News, April 5, 2010

Six Arrested After Girl, 7, Is Gang-Raped in New Jersey, The New York Times, April 3, 2010

Related Web Resources:
Massachusetts Law about Sex

Study: Many sex offenders are kids themselves, USA Today, January 5, 2010

Continue reading "Three Boys and Two Men Charged in Gang-Rape of 7-Year-Old " »

A 41-year-old registered sex offender has been arrested on charges of Massachusetts indecent assault and battery on a mentally challenged person and rape. Peter J. Duart was jailed on Martha's Vineyard.

He is a Level 2 sex offender. This means that Duart has been convicted of a sex crime that makes authorities think that he is in the mid level danger range when it comes to possibly offending again.

Massachusetts Sex Crimes
If you are charged with allegedly committing a sex crime in Massachusetts, know that prosecutors will likely aggressively pursue your case. Even if you did not commit the crime, there is a good chance that your reputation may be ruined and your relationships and professional life could suffer. This is why you should speak with a Boston sexual crimes lawyer as soon as possible.

You must get good legal representation. If you are convicted of the sex crime, you could end up in prison, be ordered to pay stiff fines, have to undergo counseling, and/or serve probation. You also will be permanently listed as a sexual offender on Massachusetts’ state registry. Anyone who goes to the registry will be able to access your name. If you have a prior conviction on your record, the charges against you and the sentence you may be ordered to serve can be enhanced.

Sex crime convictions that require that a person register as a Massachusetts sex offender:

• Aggravated rape
• Indecent assault and battery on a child under 14
• Indecent assault and battery on a person age 14 or over
• Indecent assault and battery on a mentally retarded person
• Rape of a child under 6 with force
• Rape
• Rape and abuse of a child
• Assault of a child with intent to commit rape
• Assault with intent to commit rape
• Kidnapping of a child
• Drugging persons for sexual intercourse
• Enticing a child under the age of 16 for the purposes of committing a crime
• Living off or sharing earnings with a minor prostitute
• Inducing a minor into prostitution
• A second conviction for open and gross lewdness and lascivious behavior (excludes a single or first adjudication as a delinquent juvenile prior to 8/1/92)
• Disseminating to a minor matter harmful to a minor
• Incestuous marriage or intercourse
• Unnatural or lascivious acts with a child under 16
• Posing or exhibiting a child in a state of nudity
• Aggravated rape
• Possession of child pornography

Registered sex offender nabbed on rape charge, Cape Cod Times, March 20, 2010

Information for Sex Offenders, Mass.gov

Related Web Resource:
Commonwealth of Massachusetts Sex Offender Registry Board

Continue reading "Registered Sex Offender Arrested for Alleged Massachusetts Rape of Mentally Challenged Person" »

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" »