Boston Criminal Lawyer Blog

Usually, the “Attorney Sam’s Take” postings take place on Fridays. However, this past week, I was finishing a jury trial and so could not post in a timely manner. I did not feel I could not simply shelve this subject, though, because we may have solved a problem plaguing the criminal justice system…in Boston and beyond.

As you have probably, heard, the ten alleged Russian agents recently rounded up in the Boston area and other parts of the Northeast, have pleaded guilty at the U.S. District Court for the Southern District of New York.

Most of the defendants admitted that they are Russian citizens and are agents working for the Russian Federation.

The sentence?

Well, a swap has been arranged. The Russian Federation will receive the spies in their custody and in turn will release four individuals claimed to be connected to American intelligence agencies, according to the United States Department of Justice.

In a Department of Justice press release, Attorney General Eric Holder said, “This was an extraordinary case, developed through years of work by investigators, intelligence lawyers, and prosecutors, and the agreement we reached today provides a successful resolution for the United States and its interests.”

Everybody is excited about this solution.

Continue reading "A Boston Criminal Defense Attorney Asks: Could Swapping Criminal Defendants Be The Solution?" »

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)" »

Two Pakistani natives, one a Boston taxi driver and the other a Brookline gas station worker, were arrested on Thursday. Federal agents are trying to determine whether they knew that Times Square bombing suspect Faisal Shahzad was going to use the money they gave him to help fund his now failed bomb plot. A third person was detained in Boston but was not arrested.

The two suspects, who are roommates, are being held on immigration violations and currently are not facing any criminal charges related to the botched bombing criminal investigation. They believe that the three suspects were involved in hawala. Law enforcement officials have said that Shahzad may have used the money moving service, comprised of an informal network of brokers who move money easily and quickly over long distances.

Shahzad, who was arrested while trying to leave the country, has confessed to the May 1 plan to detonate a makeshift bomb in Times Square. The 30-year-old, who is a naturalized US citizen, admits that he underwent explosives training in Pakistan for five months. He was charged with attempting to kill and maim persons within the US, attempting to use a weapon of mass destruction, and explosives charges.

Shahzad had parked a Pathfinder SUV that contained enough explosives, fuel, and fertilizer to start a fireball on New York's W. 4th Street. It turns out that he purchased the wrong kind of fertilizer and the firecrackers he chose weren’t strong enough to detonate the propane and gasoline tanks. A street vendor noticed white smoke coming out of the SUV and contacted the authorities. The bomb squad arrived shortly. Fortunately, the bomb did not go off and no one was injured.

Attorney General Eric Holder says that the Tehrik-i-Taliban Pakistan may be connected to the failed terrorist attack.

Terror hits home as Times Square probe nets arrests, Boston Herald, May 14, 2010

Why FBI is following the money in Times Square bomb case, Christian Science Monitor, May 14, 2010

Related Web Resources:
53 Hours in the Life of a Near Disaster, Newsweek, May 7, 2010

The Hawala System, GDRC.org

Continue reading "Boston Cab Driver and Brookline Gas Station Attendant Arrested in Times Square Bombing Plot" »

Well, it looks like the state Legislature has unanimously approved the new state law cracking down on bullying. It must be a great thing, right? After all, it passed unanimously! How could so many politicians in the Boston area be wrong?

The legislation would require school employees to report all instances of bullying and require principals to investigate them. Now, how could that be a bad thing?

"Bullying is not new. Bullying has been with us from time immemorial”, explained Senator Robert O’Leary, the chairman of the Senate Education Committee. “But what has changed is that it appears to be more pervasive, more destructive By this, one would imagine he refers to the new cyber-bullying. In fact, it would appear that it used to be more violent. As for “destructive”? Well, recently two victims of bullying have tragically taken their own lives

"We're going to send out a message that this kind of behavior is not acceptable and the community needs to deal with it," O'Leary said.

Meanwhile, Representative Martha Walz, House chairwoman of the Education Committee, said the bill was "very strong legislation that will make a meaningful difference in the lives of children in our state."

"This is a day that we can be proud we have done something positive – to eradicate bullying and to demonstrate to this Commonwealth and to the nation that bullying will no longer be tolerated," said Representative John Scibak, whose district includes South Hadley, where the case of Phoebe Prince drew international attention to the issue of bullying.

Both the House and Senate had previously passed versions of the bill. A House-Senate conference committee on Wednesday released a compromise version.

The bill now heads to the governor's desk. A spokeswoman said Wednesday the governor would review the bill but considered passage of strong anti-bullying legislation "a top priority."

And so you have it, right? Short blog today. Nothing to say. All is good in the Commonwealth, or it will be as soon as this bill is law.

Well, maybe not so short after all. I have a few concerns.

Continue reading "A Boston Criminal Defense Attorney Looks At The Question Of Whether The Antibullying Bill Is The Solution (Part Two)" »

On Friday, the Boston Criminal Lawyer Blog began describing things to consider when deciding on a defense attorney who will bring your case to trial. When we left off, I had been addressing those defense lawyers who, perhaps in an effort to combat perceived arrogance from the prosecution, approach the jury with an air of superiority.

I have met clients who feel that this is a good thing. After all, who wants a timid advocate arguing it was their client who was the true victim and only whacked the deceased with a hammer 21 times in self-defense after the client was assaulted first?

Similarly, many clients feel they want to retain an attorney who’s very persona screams “LAWYER!!!”.

While that may be great for a non-jury case which must be decided primarily on the law, perhaps on search and seizure grounds, it is generally not the right approach for a jury trial.

Think about it. Jurors are random people chosen to judge your case. They do not know you. They are supposed to be your peers, so they probably react to many things in a similar manner to you. Do you tend to trust attorneys? How about if you were sitting in the jurors’ seats? You may well be a fanatic like Nancy Grace who seems to feel that innocent people do not get charged with crimes.

Are you most likely to trust someone who reminds you every time they open their mouths that they are a paid mouthpiece who is simply there to “get their client off”?

Continue reading "A Boston Criminal Defense Attorney’s Take On Choosing Your Trial Lawyer(Part Two)" »

The big day has arrived! It is your Constitutional right! You go on trial today! You just sat as the Boston prosecutor verbally toasted you on a stick in his opening statement. Now, you sit in anticipation as your lawyer approaches the jury panel.

He clears his throat. Always a crowd pleaser.

“Uh…..hi”, he tells them. “My name is Michael Mumbles and I represent…him.”

He gestures to you with his head, almost apologetically. It occurs to you that this was the same man who was pounding on his desk mere months ago, promising you a win and that he would "take no prisoners".

“Just because they accuse my client of these things does not mean that he did them, you know”, he continues. He then launches into a monotone drone that focuses on legal terms and technicalities that would put even the most eager law student to sleep.

Something tells you you’re in trouble.

Continue reading "A Boston Criminal Defense Attorney’s Take On Trial Counsel (Part One)" »

This week, the Boston Criminal Lawyer Blog has focused on what so many in Massachusetts and beyond have been talking about. The topic is “bullying”. It is a somewhat vague term that schools and summer camps have endured since we decided to group kids together in one place.

For some reason, though, we do not care about summer camps for now, so we continue to simply focus on schools because that was the setting of the recent suicide.

Some other states are actually looking at us in wonder. They are wondering why it has taken us so long to “catch up”. You see, some other states already have laws banning bullying. By the way, some other states still have laws on the books banning “copulation” too.

I kind of like to look at Massachusetts as a Commonwealth that does not need to mindlessly follow the lead of other jurisdictions though. After all, we were the first state to legalize gay marriage. We have recently realized that having a small amount of marijuana for personal use is not necessarily a threat to humanity (although for someone to have given it to someone for their personal use is…but that is a different topic).

The point is that we, as an independent state, can think for ourselves. What I am trying to urge with this is topic is that we do actually think. Not simply act by knee-jerk and not make decisions based on publicity or political goals.

Nine kids are already indicted. Unless there is a dismissal, they are most likely already done. Once they are arraigned, their record is marked and will be for many years. I’ve kicked that dead pony enough this week. Let’s just make one last point on it before we move on to the legislature’s attempts to curtail bullying.

Continue reading "A Boston Criminal Defense Lawyer’s Take On Anti-Bullying Laws" »

I thought this was an ironic follow-up to Monday’s blog. It involves a former official for the US Department of Homeland Security. She was just convicted in Boston of encouraging her illegal immigrant housekeeper to remain in the country.

She is Lorraine H., 52, (hereinafter, the “Defendant”). She had been Boston’s port director for Customs and Border Protection. The guilty finding was apparently a shock to both the Defendant and her attorney.

According to news accounts, her only comment was, “I’m stunned” .

Her lawyer’s comment was “I’m sick”.

The case carries an important message that we do not discuss that often on the Boston Criminal Lawyer Blog.

Continue reading "Attorney Is Sickened As Former Government Official Is Indicted And Convicted At Boston Federal Court" »

Due to the holiday season, and accompanying "end of year crunch" with emergency hearings and other court dates, the otherwise (mostly) daily schedule of the Boston Criminal Lawyer Blog is being interrupted this and next week. However, we will be back in our daily format after the new year.

Next week, there will be three postings which should be of interest, though, so do not totally give up on us for the holidays. On Monday, we will tackle the question "I have court tomorrow - what do I do?" Then, we will follow up on the federal detention hearing we began earlier this week and its tales of arson, drugs and murder.

And then? Well, you will have to wait and see.

In the meantime, please accept very best wishes to you from us at Altman & Altman, LLP. for a great, safe and law-abiding Christmas!

And once again, our thanks for being one of my readers!

-Samuel B. Goldberg

Dear readers,

As you may have noticed, this daily criminal law blog has been rather sparse this week. this has been due to a conspiracy between court dates and internet failures. However, the Bostoncriminallawyerblog will return in full swing on Monday. Here in Boston, we take these things seriously, as do I.

On Monday, we start with a story of rape, a two-time defendant and A police chief against the right to bail.

See you then.

In the meantime, have a great, safe and law-abiding weekend!
Season's Greetings,

Sam Goldberg

Sometimes the memories of Thanksgivings past are ones you might prefer to forget. Take a particular North Adams police officer who was testifying at a criminal trial-his own, side by side with his criminal defense attorney.

The events at issue took place last Thanksgiving.

Officer Joshua M. (hereinafter, the “Defendant”) is on trial for two counts of assault and battery with a deadly weapon, one count of assault and battery, one count of witness intimidation, and one count of filing a false police report about the incident, which involved treatment of a Pittsfield prisoner. The defense is that because said prisoner was covered with his own excrement from the middle of his back down to the back of his knees, the Defendant felt he had fewer options in trying to restrain the drunk and combative man.

The Defendant testified that he didn't pat down the Matthew T. (hereinafter, the “Prisoner”) at the North Church Street scene where the Prisoner had caused a disturbance by kicking doors and defecating on a welcome mat. He further explained that his training indicated that he should avoid touching bodily fluids to prevent exposure to potentially infectious diseases.

Continue reading "Massachusetts Police Officer Is On Trial For Assault and Battery With A Deadly Weapon" »

On November 6, 2009, Cambridge police officers undertook an expertly planned and brilliantly executed sting operation despite the obvious danger. Their bravery and expertise paid off. Now, the streets are safer as a result of the four resulting arrests. Well, not the streets, exactly. More like the hotel rooms from which the four alleged prostitutes were plucked and later introduced to criminal defense attorneys.

As most of you probably know, violent street crime and break-ins have all but vanished in Cambridge, which is why laws enforcement can now concentrate on these dangerous predators of the night.

A temporary headquarters for surveillance purposes was set up at a Massachusetts Avenue Hotel after one of Cambridge’s Finest, in an undercover capacity, threw caution to the wind and set up an appointment with a woman through personal ads in the Boston Phoenix. Through expertly demonstrated police work, he got her to agree to meet with him for the price of $200 an hour for “services”.

Finally it was 6:55pm – ShowTime.

Continue reading "Boston-Area Prostitution Sting Endangers Child Custody As Well As Liberty" »

Attorney Sam has left the Commonwealth today on a pending matter and so regrets to inform you that the weekly :Attorney Sam's Take will not be posted today.

Both he, and it, will be back on Monday.

In the meantime, have a good, safe and law-abiding weekend!

This was not supposed to happen! How could such a thing happen? You’ve lived your entire life without breaking the law. Well, okay, maybe there was that time many years ago... but that’s beside the point. Nobody knows about that. But, now, here in Boston, today, you are going to be arrested. You are being investigated. Now, as you have read so many times in this daily blog, you need one of those awful creatures, a criminal defense attorney. What now?

Well, lucky for you, there are many of us around. In fact, in the Boston area, you probably could not throw a rock without hitting one. Many people think that that would be a great idea. But let me suggest otherwise.

As is the case in most professions, there are good defense attorneys and not so good ones.

First of all, let’s establish that you actually want an actual criminal defense attorney. In other words, Attorney Iliketowritewills who has helped the family through the years in real estate and other probate matters is not necessarily someone who has any criminal defense experience other than that one drunk driving matter he helped Uncle Charlie with 20 years ago. Attorney Corporatelaw may be absolutely brilliant in mergers and acquisitions, but that does not mean she knows what to do in a drug or shooting matter.

Each type of criminal case is different. The approach to a murder is not the same as it is with a white collar case Certainly, someone who has not even practiced regularly in the criminal court sessions is going to be like the perverbial fish out of water even though dressed in the same kind of suit.

Continue reading "Attorney Sam’s Take: Investigated/Arrested In Boston – How To Choose A Defense Lawyer" »

Last week, the nation watched on TV and worried along with the parents of 6-year-old Falcon Heene that the young boy may have floated off in a flying-saucer-like contraption constructed by his father. The escapade was supposed to have reached a happy ending when Falcon was discovered hiding in a box in his home and did not, as some had feared after the runaway balloon landed without him in it, fall to the ground and get hurt.

Following the bizarre incident, the family was barraged by media outlets wanting to interview Richard and Mayumi Heene and their three children. The scrutiny got more intense after young Falcon, when asked on CNN’s Larry King Live why he didn’t respond when he heard his parents calling for him, replied “You guys said we did this for the show.”

The Heenes have explained that Falcon, who is just 6, was confused. He also appears to not have been feeling well considering that the next day he vomited on national television.

Now, police are saying that the Heenes staged the whole misadventure and that criminal charges are likely. Authorities claim they told the media on Friday that they didn’t think the balloon boy story was a hoax because they wanted to maintain the couple’s trust. They called this their “game plan” to find out the truth.

Investigators interviewed Mayumi and Richard, administered polygraph tests, and then looked through their home for phone records, computer records, video footage, and other possible evidence.

Yesterday, the sheriff said possible criminal charges against the couple may include conspiracy, attempting to influence a public servant, contributing to the delinquency of a minor, and filing a false police report. He claims the family staged the hoax in order to promote themselves for a reality TV program. The family has already appeared on ABC's Wife Swap.

The Heene’s criminal defense lawyer has issued a reminder that no charges have yet to be filed against his clients. He noted that just because the sheriff announced that the couple was guilty of hoax does not mean that they actually did anything wrong.

Our Boston criminal defense lawyers believe that anyone accused of committing a crime is entitled to the best defense. Just because you are accused of committing a crime does not mean that you are guilty.

Lawyer: Family in balloon incident 'under siege,' USA Today, October 19, 2009

Balloon boy family feels 'under siege,' lawyer says, CNN, October 19, 2009

Related Web Resources:
Timeline Of Balloon Boy Events, The Denver Channel

Wife Swap

Continue reading "Balloon boy family’s criminal defense lawyer reminds public his clients are innocent until proven guilty" »

To the north of Boston is the town of Saugus. In Saugus is a restaurant named “Maddy’s Restaurant”. Maddy’s has a parking lot. On July 29th, a fight occurred at the parking lot which allegedly led to two men being stabbed and one allegedly being struck with a beer bottle. On September 29th, Bob Wong of Maddy’s was invited to appear before the Saugus Board of Selectmen’s meeting to explain it. No criminal charges, mind you. No criminal defense attorney.

But the finger of accusation nonetheless.

The police investigation had involved several agencies who were called in to attend to the assault victims. These included the Cambridge Police, Cambridge Hospital, Massachusetts State Police , local firefighters and Massachusetts General Hospital.

Nobody has alleged that Mr. Wong had any part in the fight. In fact, the fight had taken place over an hour after Maddy’s had closed for the night. However, the Board of Selectmen were investigating what, if any, liability Maddy’s may have had in the incident. They had asked for a
representative of Maddy’s to appear before them to tell their side of the story as an alternative to proceeding directly to a show-cause hearing.

Continue reading "North Of Boston Establishment Investigated In Assault Arrest" »

The man charged with interstate stalking using harassing and intimidating surveillance for making a nude video of ESPN sportscaster Erin Andrews was released from police custody today. A judge ordered Michael David Barrett to wear an electronic bracelet. He is prohibited him from using the Internet.

The 47-year-old man allegedly tried to sell footage of a nude Andrews to the Website TMZ.com. He also is accused of uploading video of other women onto the Internet.

According to an FBI affidavit, most of the Andrews footage was shot while she was a guest at the Nashville Marriott at Vanderbilt University in September 2008. The lawyer for Andrews says that Barrett asked the hotel put him in the room next to the one where Andrews was staying. He then allegedly modified the peephole so he could use a cell phone camera to shoot the nude footage of the reporter.

Eight videos of Andrews were posted online.

Barrett is scheduled to appear in court later this month. If convicted for interstate stalking, he faces up to five years in prison. He also could be fined up to $250,000.

Interstate Stalking
It is a felony and a federal crime for anyone to cross state lines to harass or stalk someone in a way that causes the target to fear serious bodily injury or death.

Stalking of any kind is considered a serious offense and one that should be dealt with by an experienced Boston, Massachusetts federal crimes lawyer. Many people accused of stalking are not “professional” criminals. In many cases, stalking involves highly emotional situations between the parties involved.

Erin Andrews' alleged stalker released; will be monitored, USA Today, October 5, 2009

Attorney for ESPN reporter criticizes management at hotel, LA Times, October 5, 2009

Related Web Resources:
Erin Andrews Bio, Media Zone

ederal Interstate Stalking Law

The other day, I received another one of those calls from a prospective client. He was calling me about a case in which he was scheduled to face criminal charges at Boston Municipal Court the next day. He had not sought an attorney earlier because, until he had spoken to a friend of his, he had thought the charge was “no big deal”.
He was facing felony charges.

The fact is, however, there is really no such thing as “no big deal” when you are facing criminal charges. The crime I most often see the N.B.D. misconception associated with is the charge of “Disorderly Conduct”.

Yes, this is the type of charge that Professor Gates from this week’s headlines faced. People hear of this type of charge and imagine intoxicated people waving an empty bottle of whatever they just consumed, yelling incoherently at passers-by and creating a public nuisance. The image of Otis from the old “Andy Griffith Show” comes to mind.
Yes, that fits, but such a colorful example is not necessary.

Continue reading "Attorney Sam’s Take: Arrested In Boston For Disorderly Conduct – What Does That Mean?" »

Damage control for the Cambridge Police Department in the arrest of renowned Harvard University professor Henry Louis Gates Jr. has begun. The charges against him were dropped yesterday as lawyers for the Department announced that nobody involved in the incident had acted “at their best”.

For those of you who were living in a sound-proof room the past couple of days, police had arrested the African American Professor as he was “breaking in” to his own home because his door would not open. When police came to investigate and demanded identification and explanations, Professor Gates accused them of bothering him because he was black, suggesting that they were being racist. He ended up arrested for on charges of the Disorderly Conduct variety, handcuffed, and brought in. The public reaction began and the Commonwealth dropped the charges against him yesterday, although announcing that somehow the investigating officers actually had “probable cause” to arrest the man who was able to show he was merely entering his own home, provided positive identification yet had the temerity to opine that he was being hassled because of his skin color.

In an interview Tuesday, Professor Gates said the situation "shows our vulnerability to the caprices of individual police officers who for whatever reason are free to arrest you on outrageous charges like disorderly conduct." Mr. Gates called a police report alleging he yelled at an officer and was uncooperative "a work of sheer fantasy."

Continue reading "A Boston-Area Professor Arrested For Disorderly Conduct – Why?" »

Every once in a while, a news story prompts me to admit something about my personal life. This is one of those. The confession is that I grew up loving comic books, or, as they are now called, "graphic novels". Given the popularity of superhero movies of the last several years, I guess I was not alone. I particularly enjoyed the ones involving super-heroes who went out and fought crime. Many of the superheroes, such as Daredevil, usually worked alone (incidentally, his secret identity, Mathew Murdock was a criminal defense attorney), acted alone. However, there were various groupings of heroes, such as the X-Men, Avengers and Justice League of America, who worked together to fight threats to the universe. Sometimes the action was as close as New York or Boston…sometimes far away in other countries and planets.

Of course, that was all just fantasy…or was it?

According to yesterday’s Boston Globe, there exists a “crime club” right here in the Boston area. It’s secret headquarters is nestled in that institution of scientific education, the Massachusetts Institute of Technology, otherwise known as Cambridge’s own “MIT”.

MIT students are no strangers to criminal justice controversy. Not too long ago, for example, there was that incident of a student and criminal charges for terrorizing armed security personnel.

But who knew there was a secret cabal called a “Crime Club”?

Continue reading "Boston-Area “Crime Club” Actions Result In Charges Of Breaking And Entering And New Clients For Cambridge Defense Attorneys" »