Boston Criminal Lawyer Blog

The Boston criminal defense team of a Massachusetts high school student accused of stabbing a classmate to death in a bathroom at Lincoln-Sudbury Regional High in Sudbury wants the charges against the boy dropped because he has Asperger syndrome (AS).

The defense says that a grand jury were improperly ordered to ignore the fact that John Odgren, 17, has Asperger syndrome, which makes him a special needs case. Odgren’s defense team is arguing that the disorder is responsible for his sometimes violent and bizarre actions. Odgren has been charged with first-degree murder.

Odgren is accused of killing James Alenson, 15, in January 2007. He allegedly approached the boy, slashed his throat with a 13-inch carving knife before stabbing his lung, stomach, liver, and heart.

Odgren’s defense team believes that he would have been charged with second-degree murder or a lesser crime if the grand jury had been given more information about the teenager's condition.

Last March, Odgren was found competent to stand trial. He is in jail in the Cambridge courthouse.

Asperger Syndrome
Considered an autism spectrum disorder, Asperger Syndrome can involve odd speech patterns, obsessiveness, poor social interactions, and peculiar mannerisms. Symptoms can include motor delays, limited interest, and peculiar preoccupations.

Odgren’s criminal defense team says that the boy’s disorder affects his premeditation and intent and that obsessing with weapons and other morbid items is associated with AS.

Our Boston, Massachusetts criminal defense law firm represent minors that have been accused of or charged with committing crimes. It is important that your son or daughter obtain proper legal representation to make sure that their legal rights are protected. Our juvenile crimes lawyers represent minors in juvenile court , as well as juveniles charged with adult crimes. We will do our best to keep the criminal case in juvenile court.

Suspect in fatal L-S school stabbing seeks lesser charges, Boston Herald, March 6, 2008

Related Web Resources:

State report describes teen's early aggression, Boston.com, January 23, 2007

Asperger Syndrome, KidsHealth.org

Asperger Syndrome Fact Sheet, National Institute of Neurological Disorders and Stroke

Continue reading "Massachusetts High School Stabbing Suspect With Asperger Syndrome Is Asking That Murder Charge Be Reduced" »

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Posted In: Felonies and Violent Crimes , Juvenile Crimes , Murder

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US States are reconsidering and, in certain instances, retooling juvenile sentencing laws in regards to whether it makes sense to charge juveniles as adults.

Not only are there less incidents of juvenile crimes now than 20 years ago, but some states are responding to new information about the adolescent brain, as well as studies that reveal how teenagers sent to adult courts end up getting into trouble more often and are convicted of more serious offenses than other adolescents.

Some of the issues being addressed include reconsidering whether it makes sense to convict any teenager of life without parole and raising the age limit of kids who are eligible to go to juvenile court.

About 200,000 juvenile defendants (under 18 years of age) are sent to adult criminal court. A lot of them bypass or are transferred from the juvenile system because their states’ laws define them as adults and the type of crime they committed.

The harsher sentences for juveniles were implemented in the late ‘80’s and early ‘90’s following an increase of murders and other violent crimes by kids. From 1994 to 2005, however, the rate of arrest for juvenile violent crimes had dropped by 46%.

In Massachusetts, a juvenile can be prosecuted through three kinds of cases:

1) Delinquency cases: The youth is prosecuted in juvenile court and the maximum punishment is commitment to Massachusetts’s Department of Youth Services (DYS) until the age of 18.

2) Youthful Offender cases: Teenager, ages 14-17, can be prosecuted as a Youthful Offender if they committed a felony and a) are already committed to the DYS, b) are charged with a firearm offense, or c) are charged with a crime involving the threat or infliction of physical harm. Adult prison sentences, a DYS commitment until age 21, or a combination of both may result.

3) Murder cases: 14-17 year olds charged with murder are prosecuted in adult Superior Court.

States Rethink Charging Kids as Adults, ABC, December 2, 2007

Youth Advocacy Project

Related Web Resources:

Juvenile Justice Program, Mass.gov

Massachusetts Department of Youth Services

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Posted In: Juvenile Crimes

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Mychal Bell, the 17-year-old accused of hitting a white classmate in the famous “Jena Six” case pled guilty yesterday to assaulting Justin Barker. Bell and five other black teenagers were charged with attempted murder for beating Barker last December.

Bell had initially been convicted as an adult by an all-white jury and sentenced to 21 years in prison. At the time the assault occurred, he was 16-years-old. In Louisiana, the legal adult age is 17.

Bell's conviction caused some 20,000 people to protest in Jenna, Louisiana and was overturned by an appeals court. Although released in September, he violated his probation in October and was sent to a juvenile facility.

As part of the plea agreement, conspiracy charges were dropped against Bell. The charges were reduced from aggravated battery to second-degree battery.

Bell has already spent one year in jail. If his case had gone to trial on Thursday, he would have had to stay at a juvenile facility until he turned 21. Instead, Bell will be sent to a group home and could return to public school as early as next week. He also must pay for Barker’s medical bills and $935 in court expenses.

The Jenna 6 Case and conviction sparked a huge racial debate as to whether black suspects are treated more harshly under the law. Prior to the assault on Barker, three white teenagers hung nooses on a tree after black teenagers got permission to sit under the tree. No federal charges were pressed against the white teens, although the incident was not unlike a hate crime.

Three months later, six teenagers--Mychal Bell, Robert Bailey Jr., Carwin Jones, Bryant Purvis, Theo Shaw and Jesse Ray Bear were arrested for allegedly beating Barker. They were charged with second-degree murder.

Recent studies show that prosecuting juveniles as adults tends to harm them more than help them and that these juveniles were more likely to commit crimes again. In the United States, about 200,000 defendants younger than 18 are dealt with through the adult criminal court system because of their offense or their age.

In Massachusetts, if your child is arrested for committing any crime, you should hire an experienced criminal defense attorney who knows how to properly handle juvenile cases and is familiar with both the juvenile and adult court system. There may be steps that a good juvenile criminal defense lawyer can take to make sure that your son or daughter’s case stays within the juvenile court system.

"Jena 6" Teen Admits Fault in Plea Deal, USA Today, December 3, 2007

Prosecuting kids as adults: Some states ponder changes, USA Today, December 1, 2007

Related Web Resources:

The Case of the Jena Six: Black High School Students Charged with Attempted Murder for Schoolyard Fight After Nooses Are Hung from Tree, Democracy Now!, July 10, 2007

Juvenile Court Dept., Mass.gov

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Posted In: Juvenile Crimes

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Police in Boston want parents to allow detectives to enter their children’s bedrooms without a warrant to look for guns. The new program, targeting high-crime areas and set to begin in a couple of weeks, is already raising questions in Massachusetts about civil liberties.

Police officers assigned to Boston area schools will go to the homes of teenagers they believe might be in possession of a firearm and ask the parents or legal guardian for consent to search the premise. If the parent or guardian refuses to grant permission, the police will leave the property.

Boston police claim that if a gun is discovered in the home, the teenager will not be charged with unlawful gun possession unless the weapon connected to a homicide or shooting.

The success of the program depends on the willingness of parents to participate. Police are hoping that parents, worried that their kids will get swept up in gun violence, will allow them to conduct the searches.

Critics of the program cited concerns that some parents and guardians will be too intimidated by the presence of police officers to refuse to agree to a search. Other critics commented on how the program conflicts with the US Constitution’s 4th Amendment, which forbids searches and seizures without a warrant. Still other expressed concerns that parents could unintentionally implicate: children if drugs or other illegal items were found in their bedrooms.

The 4th Amendment of the U.S. Constitution:
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no Warrants shall issue but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

Unless police are in hot pursuit of a suspect, they must have probable cause and a search warrant to conduct a search leading to an arrest.

Police, however, say that they won’t go to the homes of juveniles they suspect of being involved in homicides or shootings. In these instances, they promise to obtain search warrants.

Boston police will rely on an anonymous hotline, tips from neighbors, and their own experience to decide which homes to approach.

The program targets juveniles under 18 years of age. Homes being targeted are located in Roxbury and Dorchester neighborhoods, including Egleston Square, Franklin Hill, Grove Hall, Geneva Avenue, Bowdoin Street, and Franklin Field. Police will use their own judgment on whether to make a drug arrest if drugs are founded.

If your son or daughter was arrested anywhere in the Boston area or anywhere in Massachusetts, you should contact an experienced Boston criminal defense lawyer right away.

Police to search for guns in homes, Boston.com, November 17, 2007

4th Amendment, Constitution of the United States of America

Related Web Resources:

Juveniles and Guns

Fighting Juvenile Gun Violence (PDF)

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Posted In: Juvenile Crimes

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Police in Massachusetts say that they plan to charge a number of Templeton middle school kids in the brutal attack of an 11-year-old autistic boy. The boy, who has a form of autism known as Asperger’s Syndrome, was beaten last month after he got off his school bus. The juvenile crime was filmed on video.

The video shows the fifth grader struggling to fight back. There is also footage of the boy being shoved into a mailbox and his hand getting cut. He was pushed, shoved, and kicked. The mother of the boy who was holding the camera claims that her son didn’t know that his friends were going to attack the fifth grader.

The three boys and two girls accused of attacking the 11-year-old are students at Narragansett Middle School. The school has suspended them. Criminal charges will be filed against them in juvenile court.

Bullying can involve indirect abuse (excluding or alienating someone socially), physical abuse, such as hitting, beating, tripping, kicking, and damaging or taking belongings away, verbal abuse, such as name calling, teasing, spreading rumors, and making threats, and cyberbullying, which is bullying that takes place over the Internet.

The Massachusetts Citizens for Children defines bullying as “behavior intended to hurt others and is repeated over time.” Bullying has also been called peer harassment or abuse. In the past, bullying has been viewed as a typical rite of passage among kids and teenagers. However, a line can be crossed that can turn an act of bullying into a juvenile or an adult crime. There also may be instances when children that are bullied may feel compelled to fight back or protect themselves with a knife or a gun.

A bully victim can be susceptible to emotional and social problems, poor attendance, poor grades, substance abuse, and physical injuries caused by bullying.

Bullying can lead to gang violence, physical assault, and murder.

More than half of boys (in grades 6-9) that were considered bullies committed at least one crime by the time they turned 24. 40% of them had at least three criminal convictions by age 24. 3 out of 10 juveniles are bullies or victims of bullying.

When bullying escalates to become a crime committed either by a bully or a bully victim, a juvenile may face criminal charges in Juvenile Court. He or she may even face criminal charges as an adult if the crime is very serious.

The outcome of your child’s case could affect the rest of his or her life. This is why it is so important that you hire an experienced criminal defense lawyer that knows how to represent minors charged with committing juvenile crimes and adult crimes.

Attack On Autistic Boy, 11, Videotaped, WCBVBoston.com, October 8, 2007

What Effect Does Bullying Have on Children?, Massachusetts Citizens for Children

Bullying Prevent is Crime Prevention, Fightcrime.org

Related Web Resources:

Bullying and Intimidation, the National Crime Prevention Council

Student Reports of Bullying, US Department of Education

What is Cyberbullying?, Stop Cyberbullying

Continue reading "5 Massachusetts Middle School Kids Face Juvenile Crime Charges in Attack of 11-Year-Old Autistic Boy" »

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Posted In: Juvenile Crimes

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Recent statistics provided by the Massachusetts Department of Education show that from 2005-2006, 4,750 reported acts of violence occurred among middle school students. Crimes committed included robbery, sexual assault, violent threats, drug offenses, tobacco offenses, alcohol offenses, and sexual harassment. The report says that 383 weapons were discovered.

Recent crimes involving middle schools in Massachusetts:

• A student in Marlborough brought a knife to school and was suspended.
• A Tewksbury school received a bomb threat.
• A pellet gun was found at a Waltham school.
• Two knives were discovered in student lockers at another Waltham school.

Also, this week, the Boston Globe reported that 28,000 high school students in Massachusetts have been involved with gangs over the past year.

Gang Violence
Gangs are usually a group of young adults and teenagers that take part in illegal, violent, or criminal activities. Nationally, there are over 24,500 known youth gangs with over 772,500 members.

Common reasons for joining gangs include the need to belong, make money, feel protection, experience excitement, and acquire status.

If your son or daughter has been arrested in Massachusetts for allegedly committing a crime, you should speak with an experienced criminal defense attorney that knows how to successfully handle juvenile crimes. A child or young adult can get easily intimated when being questioned by police or other law enforcement officials. Your son or daughter may even be pressured into giving incriminating testimony that can be used to his or her disadvantage. It is important to remember that your child has the right to remain silent and be properly represented by an experienced criminal defense attorney that is looking out for his or her best interests. This is why you should speak with a defense lawyer that offers juvenile defense right way.

Some of the many crimes that juveniles can be arrested for:

• Assault and battery
• Vandalism
• Trespassing
• Making threats
• Drunk driving
• Other motor vehicle offenses
• Rape
• Sexual assault and battery
• Prostitution
• Indecent exposure
• Lewd behavior
• Weapons possessions
• Breaking and entering
• Robbery
• Shoplifting
• Drug possession
• Distribution of a controlled substance
• Hate crimes
• Disorderly conduct
• Disturbing the peace
• Stalking
• Perjury
• Resisting arrest
• Homicide

Being charged with or convicted for committing a crime can be a very traumatic experience for a juvenile and can affect the rest of his or her life.

Juvenile cases in Massachusetts are generally heard at Juvenile Court. The juvenile court system has its own set of rules and punishments. There are cases, however, when—due to the serious nature of the crime—a juvenile can be tried as an adult in adult court. If your son or daughter has been charged with committing a particularly serious crime, a good criminal defense lawyer can work hard to keep the case in juvenile court.

Gang violence still an issue in Boston and local cities, Tuftsdaily.com, October 3, 2007

Spike in violence in middle schools raises concerns, Boston.com, October 2, 2007

Youth Gangs, National Youth Violence Prevention Resource Center

Continue reading "Juvenile Crimes and Gang Violence are Issues in Boston and Other Massachusetts Cities " »

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Posted In: Juvenile Crimes

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According to youth advocates, teenagers, and street workers, girl groups in Massachusetts are continuing to inflict violence on each other—despite the latest police figures.

The violence is reportedly triggered by gossip and jealousy. Knives, fists, and razors have fast become the common weapons of choice in these kinds of juvenile crimes. Girls getting ready for a fight will reportedly smear petroleum jelly on their faces so that their opponent’s fingernails won’t leave facial scars. One popular kind of assault crime, called “a buck fifty,” leave the slashing victim with such a deep cut on her face that it should take 15 stitches to close the wound.

Boston police, however, say that violent crimes between girls have gone down since 2005. From January 1 to August 15, 2006, 112 girls, ages 14-19, were apprehended for participating in aggravated assault crimes on other females. This year, during the same time period, only 96 girls were apprehended. As of August 1, 2007, there are 302 less women in custody with the Department of Youth Services than there were by August 1 of last year.

Others, however, have expressed concern that the lower figures do not indicate a decrease in gang violence, but are a reflection of the growing reluctance of girls to report that they have been the victim of assault by a girl gang because of fear and embarrassment.

Although studies show that girls tend to join groups for safety reasons, many of them end up getting hurt because of the rivalries that can arise between groups.

Juvenile Crimes
In Massachusetts, minors that are arrested for committing crimes do stand a chance of being served a less severe penalty than an adult convicted of the same kind of crime. If a juvenile is convicted for committing a serious crime, such as rape, assault with a deadly weapon, or other kinds of felony crimes, the young person could be handed over to the Department of Youth and placed in its custody until age 18.

In Massachusetts, a juvenile is a young person between 7 and 17 years of age. Juveniles charged with committing a crime in Massachusetts are usually prosecuted in juvenile court.

Youthful Offender Law
Massachusetts’s Youthful Offender allows the state to prosecute teenagers, ages 14-17, that are charged with a felony crime as “Youthful Offenders” if they fit the following criteria:

• He or she is already committed to the Department of Youth Services (DYS).

• He or she is charged with a crime that involves the "infliction or threat of serious bodily harm.

• He or she is charged with a firearm offense.

Conviction as a Youthful Offender can lead to House of Correction or adult prison sentences and other serious penalties.

Vicious attacks by girl cliques seen increasing, Boston.com, September 4, 2007

MA Courts, Probation and the Department of Youth Services (DYS), Youth Advocacy Project.org

Related Web Resources:

Department of Youth Services, Mass.gov

Girl Gangs: Are Girls Getting More Violent?, UIC.edu

Teenage Girls Buying into Gang Violence, Casanet.org

Continue reading "Assaults Among Girl Groups in Massachusetts Could be Growing Despite Lower Police Statistics" »

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Posted In: Juvenile Crimes

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