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

April 25, 2011

A Boston Criminal Defense Attorney Asks If Rutgers College Student's Bullying Case Was A Hate Crime

Well, Bullying has hit the news again and, once again, this Boston criminal lawyer was asked to comment. On Friday, I was interviewed for Newsweek Magazine on the subject of the indictments handed down against Dharun Ravi (hereinafter, the “Defendant”). If you like, you can read the resulting article here.

As you may recall, Rutgers University freshman Tyler Clementi (hereinafter, the “Deceased”) committed suicide approximately seven months ago. Said suicide followed the Defendant, with the help of some friends, allegedly streaming live video footage of the Deceased, his roommate, engaging in romance with his lover, another man. The Defendant was allegedly aided in the broadcast by his lady-friend, Molly Wei (hereinafter, the “Accomplice”). During the broadcast, the Defendant allegedly described what was being broadcast on Twitter.

Criminal investigators have also apparently found that the Defendant had tweeted on earlier occasions his frustration and/or maliciousness about the Deceased’s homosexuality. As a result, New Jersey prosecutors say that the Defendant knowingly targeted the Deceased because he was gay.

Apparently, this was not bad enough. During the government’s investigation, it is alleged that the Defendant tried to mislead law enforcement, deleted messages and attempted to convince some of his friends not to cooperate with authorities.

These efforts did not work. They seldom do. They usually only result in more charges…which they did here.

Now, the Garden State has indicted the Defendant on 15 counts, including witness and evidence tampering and bias intimidation. The matter has been elevated to a hate crime.

Continue reading "A Boston Criminal Defense Attorney Asks If Rutgers College Student's Bullying Case Was A Hate Crime" »

December 21, 2010

Somerville Man Accused of Massachusetts Hate Crime Ordered to Stay Away from MBTA Employee

Attorney General Martha Coakley’s Office has ordered John Twohig to stay away from a female MBTA bus operator that he allegedly assaulted last July during what has been described as a “racially motivated verbal assault.” The action was brought against the Somerville man under the Massachusetts Civil Rights Act (MCRA), which is also known as the “hate crimes” statute.

Per the order, Twohig is not allowed to violate the civil rights of the victim or anyone else on the grounds of their race. He allegedly took part in a Massachusetts hate crime that involved the verbal and physically threatening assault of the bus operator at the Sullivan Square Busway. Twohig is accused of screamed profanities and racial epithets at the woman before launching toward her. He also is said to have insulted one of the bus passengers with a racial epithet. An MBTA inspector eventually removed him from the bus. Coakley’s office is seeking a permanent injunction against the defendant.

Massachusetts Civil Rights Act (MCRA)
The MCRA gives the Attorney General’s Office the authority to obtain injunctions against people that intimidate, threaten, or coerce victims on the grounds of sexual orientation, religion, race, disability, or another type of protected class or because they have taken part in a protected activity, such as the right to vote. A hate crime does not have to include an actual act of physical violence for a person to be charged with committing the offense. That said, a Massachusetts hate crime may also include acts of vandalism, the destruction of personal property, arson, assault and battery, or murder.

Possible penalties for a Massachusetts hate crime can include:
• Fines
• A prison sentence
• Counseling
• Anger management
• Probation
• Suspension of one’s driver’s license
• Rehabilitation
• Victim restitution
• Community service

Since 2007, Coakley’s office has obtained 42 civil rights injunctions for Massachusetts hate crime victims.

Somerville Man Accused of Hate Crime Ordered to Stay Away From MBTA Worker Under Order Obtained by AG Coakley’s Office, Mass.gov, December 17, 2010

Man ordered to stay away from T driver in alleged racial incident, Boston.com, December 17, 2010


Related Web Resources:
Attorney General Martha Coakley, Mass.gov

Hate Crimes, FBI

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