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.

March 30, 2010

A Boston Lawyer’s View Of 9 Kids Indicted For Bullying (On Campus And Off) And Statutory Rape In Suicide Case

The death of Phoebe Prince, 15, the South Hadley teenager who allegedly took her own life in response to a barrage of bullying (hereinafter, the “Deceased”) is looming over Massachusetts criminal justice. It has inspired new lawmaking in the legislature and, yesterday, hit the criminal justice system hard.

Indicted felonies for 9 teenagers hard!

The charges include statutory rape, violation of civil rights, criminal harassment, and disturbing a school assembly. Northwestern District Attorney Elizabeth Scheibel announced the charges today.

"Their conduct far exceeded the limits of normal teenage relationship-related quarrels,'' Scheibel said of the nine teens, the oldest of whom is 18 years old.

Really? Let's look into that.

You have probably heard about this story with a different allegation involved…bullying.

Continue reading "A Boston Lawyer’s View Of 9 Kids Indicted For Bullying (On Campus And Off) And Statutory Rape In Suicide Case" »

January 5, 2010

Attorney Sam’s Take: You Have To Go To Massachusetts Court Tomorrow ; You Have Been Indicted (Part Three)

Last week, we discussed two scenarios whereby you received a compulsory invitation to attend the Boston Municipal Court to answer charges for a variety of potential charges, including assault, drugs and OUI.

Now, however, the matter has been raised to another level. The Commonwealth has decided to indict you. You have just received the year-end news from either your attorney or another summons in the mail.

So, what is an indictment? Well, it is like the criminal complaint that was issued back in district court. In that case, either the police or your neighbor sought the complaint. The prosecutor did not really get involved until the matter was in district court. At some point, a prosecutor reviewed the allegations of the matter and decided that either your criminal past or the allegations themselves were deserving of more serious treatment. “More serious” generally means “more jail/prison time”.

Continue reading "Attorney Sam’s Take: You Have To Go To Massachusetts Court Tomorrow ; You Have Been Indicted (Part Three)" »

November 10, 2009

Charges Of Disorderly Conduct Effect Students' Graduate School And Employment Future

Just a reminder for our more rambunctious readers from areas in which Boston students dwell. Too much partying can lead to the need for a criminal defense attorney.

It is not an unusual story, but it happened again in the wee hours of October 31st. Mario B., 29 of Alpine Texas and John B., 22 of Fair Oaks Park, Needham, apparently went a little too far in Allston. According to the authorities, they were acting in a disruptive manner while police were trying to disperse a party.

Apparently, the two yelled and swore at investigating police so loudly that they woke up others in the apartment building.

That type of thing is frowned upon in the Commonwealth; even on Halloween.

Continue reading "Charges Of Disorderly Conduct Effect Students' Graduate School And Employment Future" »

July 28, 2009

Criminal Defense- When A Client Is Charged With Disorderly Conduct

As we close the lid on this three-part Attorney Sam’s Take posting on Disorderly Conduct, we look at where I come in. Along with other criminal defense attorneys, I stand ready to represent a client facing such charges. When is the best time to contact me? Immediately. In fact, particularly if the police approach is merely signalling an upcoming or ongoing investigation, before you even engage in a discussion with the officer. Unfortunately, in most cases, I am summoned after the confrontation has taken place, sometimes leaving the addition of a Disorderly Conduct charge to whatever issues existed before the confrontation.

First of all, understand that, while it is the police officer who locks one up, or seeks a complaint against you, it is the prosecuting attorney, the assistant district attorney, who carries your prosecution from there. Prosecutors vary in terms of experience, of course, but most are well-trained and have the resources of the Commonwealth behind them for advice, investigation and tactics. Back in that "perfect world" I mentioned yesterday, the prosecutor always follows his or her oath…to “do justice”.

As I also mentioned, this is not that perfect world.

Like the police officer, the prosecutor did not wake up in the morning and engage in a search to find innocent people to keep in jail. Most prosecutors earnestly do their job. However, they have their own biases and these biases usually include a belief that the arresting officer’s word is gold and, if you were arrested, you are guilty. Tempered with those beliefs, of course, is the fear that I have mentioned many times that, if simply released with no attention, you may go out and kill somebody”, thereby landing them and their boss, who sits in a political position, in the papers the next day and, potentially without a job.

Continue reading "Criminal Defense- When A Client Is Charged With Disorderly Conduct" »

July 22, 2009

Racial Profiling?: Middlesex District Attorney Drops Massachusetts Criminal Charges Against Harvard Professor Henry Louis Gates Jr.

Massachusetts criminal charges have been dropped against Harvard Professor Henry Louis Gates, Jr. Gates was arrested on July 16 at his home in Cambridge.

The 58-year-old Harvard professor, who is one of the most prominent African-American scholars in the US, had just returned home from a trip abroad. He was standing outside his home when he motioned to his driver to help him open his front door, which was jammed. A passerby who observed the interaction contacted police to report a possible break-in.

According to the report, Gates was arrested for his allegedly “loud and tumultuous” conduct and taken away in handcuffs. Gates claims that he turned over two forms of ID to the police officer and when he asked the cop to provide his name and badge number, the police officer refused. Disorderly conduct charges were filed against the Harvard professor.

The arrest sparked an outcry among those who believe that Gates's arrest involved racial profiling. A number of his colleagues say that this type of profiling is not uncommon in Cambridge.

In 2004, Allen Counter, a neuroscience professor at Harvard said two campus police officers apprehended him after mistaking him for a robbery suspect. They threatened to arrest him when he was unable to produce identification.

Reverend Al Sharpton says the incident involving Professor Gates is an example of abuse of police power.

Racial Profiling
Racial profiling involves law enforcement officers using race as their basis of suspecting someone of having committed a particular crime.

Gates lashes out after authorities agree to drop criminal charge, Boston.com, July 21, 2009

Prominent Black Scholar Henry Louis Gates, Jr. Sees Charges Dropped, ABC News, July 21, 2009

Profiling Charge In Black Scholar's Arrest, CBS News, July 21, 2009


Related Web Resources:
Henry Louis Gates, Jr., Harvard.edu

Racial Profiling, Amnesty International

Police Department, City of Cambridge

Continue reading "Racial Profiling?: Middlesex District Attorney Drops Massachusetts Criminal Charges Against Harvard Professor Henry Louis Gates Jr." »

July 3, 2009

Judge Overturns MySpace Suicide Conviction

A federal judge overturned the jury conviction of Lori Drew on three misdemeanor counts of accessing protected computers without authorization. The 49-year-old woman is accused of using MySpace to send Megan Meier, a teenage girl, derogatory messages. The 13-year-old would later commit suicide.

Drew was supposed to receive her sentencing for the cyber crime this week, but California U.S. District Judge George Wu said he was not upholding the jury’s decision. He is challenging the federal computer crime statute that the prosecutors used when making their case against Drew. They contended that she violated MySpace’s terms of service that prohibited 1) the creation of bogus registration information, 2) the use of accounts to get personal information about juvenile members, and 3) the abuse, harassment, or harm of other members.

A spokesperson for the US attorney’s office in Los Angeles said that the judge is concerned that Drew’s guilty verdict would allow for anyone that violated the social networking site’s terms of service to be found guilty of a misdemeanor cyber crime.

Experts had called the jury’s 2008 verdict against Drew the first cyber-bully verdict. Testimony during her criminal trial revealed that Drew, her daughter Sarah, and family friend Ashley Grills created a bogus MySpace account to send messages to Meier. The “sender” was a fictitious boy named “Josh Evans.” Josh flirted with Meier, made friends with her, and then abandoned her, telling her that the world would be better if she wasn’t in it. Meier, who had a history suicidal impulses and depression, hanged herself in October 2006.

Drew was never charged with Meier’s murder. She was also acquitted of felony charges related to the cyberbullying case. Her criminal defense lawyers contend that although Drew new about the bogus account, she did not know about the mean messages that were sent to Meier.

As our cyber world continues to expand, people are being charged with crimes related to this high tech arena. You need the help of an experienced Boston cyber crimes law firm that knows how to provide you with the best defense.

Lori Drew MySpace Suicide Hoax Conviction Thrown Out, ABC News, July 2, 2009

U.S. woman convicted in MySpace suicide case, NY Times, October 27, 2008

Related Web Resources:
MySpace

Cyber Crimes, US Doj.gov

Cyberbullying

Continue reading "Judge Overturns MySpace Suicide Conviction " »

May 12, 2009

Prosecuting Attorneys Seek To Continue Holding Suspects Arrested For Illegal Gun Possession In Jail Without Bail Pending Trial

Monday saw the dawning of a new week. Boston-area newspapers, however, are discussing what is really an old problem. The subject of illegal possession of firearms is once again in focus. Let’s take a story from the town of Lawrence, for example. Police say that a 20 year old gentleman, Emmanuel M. (hereinafter, the “Defendant”) will now be needing the help of a criminal defense attorney due to his arrest early Saturday for firing a gun in the middle of West Street.

When police were dispatched to a pizza shop near Cross Street and Broadway shortly after midnight, they say they noticed the Defendant pull out a black handgun and begin to run.

Well, kinda run.

After tripping several times as he dodged police cruisers — bouncing off one — the Defendant is said to have thrown his gun over a 3-foot high fence on Holly St. as he was wrestled to the ground by Officer Carleton Trombly.

Officer Christopher Bussey assisted Trombly in arresting the Defendant. Police said they believe that the Defendant had been drinking as they smelled the odor of alcohol on his breath and found a 1-liter bottle of vodka in his backpack that was half full. The police also say they recovered a .22-caliber handgun with a spent casing in the chamber

Continue reading "Prosecuting Attorneys Seek To Continue Holding Suspects Arrested For Illegal Gun Possession In Jail Without Bail Pending Trial" »

April 30, 2009

Sealing criminal records in MA- How a defense attorney can expunge/seal your record.

Ok, you are sitting in your home around Boston. You hear a police car, sirens screaming, speeding down the street. You momentarily jump because of that old warrant you used to have pending against you. Then, you relax; you remember that, after you started reading this daily blog, you contacted an experienced criminal defense lawyer and cleared the warrant, and the case attached to it,up.

But then, you remember that said nasty stain still exists on your otherwise clean criminal record, or, as it is more commonly called, "CORI".

What to do?

Is there anything you can do?

Well, there might be, depending on the circumstances. Massachusetts law has changed over the years regarding the possibilities and procedures of the expungements (erasing) and sealing of criminal records.

Totally erasing any sign of a criminal matter is not generally possible in the Commonwealth. That solution is basically left for instances where the wrong person was arrested.

No, that does not mean if your defense in the case was "I didn't do it".

Continue reading "Sealing criminal records in MA- How a defense attorney can expunge/seal your record." »

March 26, 2009

North Of Boston, Two Face Prostitution Charges

Today, the daily Boston Criminal Lawyer Blog checks in on the World’s Oldest Profession and the brave men and women in uniform who combat it every day.

Yes, it is time for a story about law enforcement vs. prostitution.

First, it would appear that a favorite tool of law enforcement is still the Craig’s List web site. This time, the threat to humanity was in Danvers where, earlier this month, two women were investigated and arrested after advertising on Craigs’s List.

Fatima B., 19, of Tewksbury, (hereinafter, “Defendant 1”)was arrested at a Motel 6 in Danvers on Friday, March 6, at 9:52 p.m. Danielle S. 25, of Revere, (hereinafter, “Defendant 2”) was also arrested at the scene, at 8:59 p.m. Danvers police arrested the two women after contacting them through Craig’s List, Danvers Police Chief Neil Ouellette said. Both women were charged with engaging in sexual conduct for a fee.

Continue reading "North Of Boston, Two Face Prostitution Charges" »

March 3, 2009

In South Of Boston, District Attorney Is Disappointed At Sentence For Man Assaulting “Mouse”, Ripping Its Head Off

When my son was younger, he liked to go to a local Chuck E. Cheese restaurant for birthday parties. For those of the uninitiated, this is a child-oriented restaurant that has a game area and specializes in pizza. Every so often, a giant mouse in casual clothing (Chuck is a mouse…or rat, I have not decided) appears to sing and entertain a bit. Obviously, it is a person inside a big costume. The charade used to scare my son. I took that in stride. There was no physical contact. Today, the Boston Criminal Lawyer Blog explores a different family experience.

Same rat, though. Or mouse…

The non-animated cheese-related adventure ended in New Bedford on Monday. As a result, a gentleman from Fairhaven has been sentenced to pay a $500 fine after pleading guilty to assaulting a Chuck E. Cheese costumed mascot last year in Dartmouth.

Trahan P., 34, (hereinafter, the “Defendant”) ripped the mascot’s headwear off, pointed a finger at the man underneath the costume, and yelled at him because he thought the mascot had picked up his son and pinned him against a video game, court records said.

The incident occurred in May 2008 during a birthday party for the Defendant’s 11-year-old son at the Chuck E. Cheese restaurant in the Dartmouth Towne Center. During the party, the boy ran to his relatives crying, saying that “Chuck” the mascot had picked him up by the arms, pinned him against a game and ordered the boy to leave him alone, according to court records.

Jessie C., 19, (hereinafter “Inner Chuck”) who was dressed as the mascot, told police that while he was walking through the gaming area, a group of youths jumped on him, tried to knock him over and remove his costume. He said he put his arms forward to move the youths away from him, but never grabbed any of them.

Continue reading "In South Of Boston, District Attorney Is Disappointed At Sentence For Man Assaulting “Mouse”, Ripping Its Head Off" »

February 13, 2009

Will The Boston District Attorney Prosecute A Police Officer For Sex Crimes And Peeing On Family?

Brewster police officer Joseph H. (hereinafter, “Officer Openfly”) went to a Metallica concert on January 18th. That’s ok…they’re allowed to do that. But the force tends to frown upon things like exposing oneself and urinating on families. So do Suffolk County detectives and, presumably, assistant district attorneys. So, now he faces a hearing in Boston to determine if felony charges should be brought against him.

It’s not the only place he has faced a hearing and potential disciplinary action against him. Earlier this week, he had a disciplinary hearing before selectmen yesterday for the alleged drunken and lewd behavior at the Boston concert. ,

Officer Openfly allegedly pulled down his pants and urinated on a member of a family sitting in the row in front of him at the TD Banknorth Garden in Boston, according to reports from the Massachusetts Bay Transportation Authority Transit Police and Boston police. He then verbally and physically harassed the female members of the family with his pants still down and penis exposed, according to police.

The drunken symbol of law and order was then thrown out of the concert by security personnel. Transit police then told him to leave or face arrest for trespassing. But Officer Openfly was not done. He attempted to re-enter the concert by flashing his badge, which was at least an improvement, and telling them he was a Brewster police officer, according to the police reports. Apparently, he had missed the memo that indicated that law enforcement officials do not get special dispensation to sexually harass, and pee on, families. At least out of jurisdiction.

Apparently unimpressed, the officers arrested Officer Openfly and charged him with trespassing, a misdemeanor.

Continue reading "Will The Boston District Attorney Prosecute A Police Officer For Sex Crimes And Peeing On Family?" »

February 12, 2009

Boston Youth (And His Mom) Defended For Assault And Battery On Police Officer By Some Lucky Defense Attorneys

Young Omar B., 17, (hereinafter, the “Defendant”) is a lad from Hyde Park in Boston. Saturday, he was driving in Dedham. He had a bit of an adventure. His adventure has not fully ended yet. It has transformed into a criminal justice adventure as learned on Monday, in court, needing a lawyer.

The adventure involved a wrestling match with a police officer, according to the Commonwealth. It was apparently not a solo match, though. He was part of a team.

His partner?

His mom.

Lt. Det. Francis Bielawski was directing Dedham Mall traffic at 1:30 p.m. when a car driven by the Defendant, failed to stop until it was in the intersection of Incinerator Road and Washington Street, police said. The traffic violation is, as yet, unknown.

Bielawski pulled over the Defendant, who was talking on a cell phone, and discovered the youth only had a learner's permit and was alone in his mother's car, said Lt. Robert Nedder. The law does not allow a person with a learner's permit to drive alone.

When a tow truck arrived to take the car, Bielawski and Officer Richard Cawley asked the Defendant to step out, but he at first hesitated, Nedder said.

Continue reading "Boston Youth (And His Mom) Defended For Assault And Battery On Police Officer By Some Lucky Defense Attorneys" »

January 30, 2009

Boston District Attorney Decides Not To Press Charges For Detainie’s Death

Suffolk County District Attorney Daniel F. Conley has decided not to press charges against Boston Police officers in the case of David W., the 22-year-old Emmanuel College student (hereinafter, the “Deceased” who died after being arrested in June during Boston Celtics championship celebrations.

"As a result of a thorough, objective, and independent review of the facts, I have concluded that no criminal charges are warranted," Conley said in a statement he delivered at an afternoon news conference yesterday. "The facts are clear and the medical evidence overwhelming that [the Deceased’s] death was the result of natural causes – specifically a serious, preexisting heart condition."

The Deceased stopped breathing and his heart stopped beating while in police custody. He was taken to the hospital, but died 11 days after his June 18 arrest.

Conley, who reported his findings in a letter to Police Commissioner Edward Davis, said officers had struggled to subdue the Deceased, but the evidence was clear that officers did not use excessive force in arresting him.

Last month, the state medical examiner signed the Decedent's death certificate, indicating his death was the result of a congenital heart defect.

Continue reading "Boston District Attorney Decides Not To Press Charges For Detainie’s Death" »

January 21, 2009

Unusual Drug Bust Outside Of Boston No Laughing Matter

It was not downtown Boston, but downtown Northampton that hosted a concert featuring a jam band known as the Disco Biscuits, resulting in fourteen arrests. The somewhat unusual scene apparently led suspects laughing all the way to meeting their attorneys at Northhampton District Court where they were advised of their charges.

The nature of the charges? Drugs and juvenile in possession of alcohol.

But there was a twist in this one.

Perhaps inspired by the noteworthy performance of the late Heath Ledger as The Joker in 2008’s blockbuster film “The Dark Knight”, some of those arrested were in possession of tanks containing nitrous oxide.

You may have heard of it as “laughing gas”.

Police found that the suspects had set up metal cylinders of nitrous oxide in various locations, including one police discovered in alley off King Street right next to the theater. They were selling balloons filled with the gas for $5 apiece, Police Capt. Kenneth A. Patenaude said.

About a half-hour later, a crowd of 40 to 50 youths led police to discover another tank set up in the alley next to Florence Savings Bank on Pleasant Street. Yet another of the tanks was confiscated Saturday night from a room at the Quality Inn after a disturbance was reported there, according to Patenaude.

Continue reading "Unusual Drug Bust Outside Of Boston No Laughing Matter" »

January 8, 2009

Boston-area Driving Leads To Weapons, Violence, Jail And Defense Lawyers

Driving around Boston and environs during the winter months can be an adventure. We know that the storms are coming…they tell us the storms are coming…yet we seem to be taken by surprise when streets are slippery. Perhaps it is because we are often already angry when we are dealing with traffic issues. From my vast experience of 25 years in criminal justice I have found that even waiting patiently in a traffic jam is quicker than getting angry, acting out, getting arrested, needing a lawyer and still having to wait quietly in traffic when you get out of custody anyway.

Hey - but that’s just me.

Not everybody sees it the same way I do. For example, during the early morning hours yesterday, four people in Springfield demonstrated such an alternate viewpoint. Of course, they got arrested and I am at home writing my daily blog.

The arrests took place after a minor two-vehicle accident turned into a violent confrontation on Chestnut and State streets.

Complete with gunfire.

"When police arrived they observed a Ford Expedition leaving the scene of the shooting," said Springfield Police Capt. Eugene C. Dexheimer. The operator of the Expedition (hereinafter, “ Defendant Auto A”) would not stop and was spotted by other officers on Route 5 near the Forest Park entrance approaching a Ford Mustang (hereinafter, “Defendant Auto B”), Dexheimer said.


Police determined the incident began as a car accident between the two vehicles, which then led to a physical confrontation.

Continue reading "Boston-area Driving Leads To Weapons, Violence, Jail And Defense Lawyers" »

January 6, 2009

Boston Area Ex-Cop threatens to kill police and winds up on the side of the aisle with the defense lawyer

Yesterday, it was a former Boston police officer who found himself on the other side of the criminal justice aisle needing a criminal lawyer.

Ex-Boston Police Officer Isaac T., 43, of Arlington (hereinafter, the “Defendant”) ‘s legal problems began in the early morning hours of this past Saturday when he was allegedly observed to be drunk and carrying a BPD badge and a loaded 9 mm handgun when he was arrested at a Dorchester bar.

“Arrested? What would bring him to law enforcement attention?”

Well, he kind of said he would shoot a cop, according to prosecutors. In fact, he apparently said that he was carrying the firearm for the purpose of doing just that, according to MSNBC.

It was Saturday at about 1:30 a.m. at the Dublin House in Dorchester. After hearing the ex-guardian of society’s comments, an anonymous call was made to 911 from the pub to report the overheard threat. The Defendant was described as a man wearing a New York Yankees hat...which is sometimes considered a crime in itself in the area.

And so it was that the police confronted the Defendant outside the bar. Actually, he was hiding in a doorway next door to the nightclub when they confronted him.

They frisked him and found the 9 mm Beretta handgun. Apparently a loyal member of the “Hey, I’ll Bet I Can Make This Situation Worse” Club, the Defendant is said to have engaged in a “violent struggle” with two officers, the prosecutor later told the court in a bail hearing.

The Defendant, it would appear, did not win that struggle.

Continue reading "Boston Area Ex-Cop threatens to kill police and winds up on the side of the aisle with the defense lawyer" »

January 5, 2009

Metro Boston Fugitive Sought For Assault Survives To Face A Judge And Hire A Lawyer

Boston-area police were worried that they were going to have another death on their hands. Hosea R., 33, of Newton (hereinafter, the “Defendant”), was being sought after beating a woman in her West Roxbury home early Saturday. As he eluded police, they worried he might end up needing a coroner instead of a lawyer as they feared he would try to commit “suicide by cop”.

“Suicide by cop” is a term often used in cases where a suspect engages with and fights against the police in order to avoid capture. The theory is that the suspect would actually rather be killed than be taken into custody and so they force the police into choosing between letting the suspect go or shooting him dead. It is more common when the alleged crime is a violent felony.

I will leave the choice most often taken to your imagination for now. However, thankfully, the Defendant was finally taken into custody and nobody died.

The allegations against the Defendant stem from the an incident reportedly taking place at approximately 5:00 a.m. on Saturday, the 27th of December. According to the police, the Defendant and a female friend had gone out for a night of dancing at a Randolph nightclub. Apparently, things went awry somehow and he allegedly began to punch and kick his female friend when they got to her place. By the time police arrived, the Defendant was gone. The assault victim was transported to a local hospital where she was treated for non-life threatening injuries.

The Defendant is said to have called his mother in Newton after the beating. She drove to meet him in a Dedham mall parking lot. In the meantime, the Dedham police received a phone call from “someone related to the suspect” who said that the Defendant was acting strange and talked of hurting himself. The relative further stated that the suspect said he was not afraid if the police attempted to hurt him.

And so it was that mother and son came to meet in Dedham…until they had company. When the police arrived, the Defendant fled and alluded them.

Continue reading "Metro Boston Fugitive Sought For Assault Survives To Face A Judge And Hire A Lawyer" »

January 2, 2009

Samuel’s Take: A Boston Drunk Driving Verdict From An Experienced Defense Lawyer’s Files

Happy new year to you all.

In each daily installment of the Boston Criminal Lawyer Blog, I tell you that, should you have reason to believe that someone is mentally measuring you for a pair of the Commonwealth’s bracelets of shame and a warm cell, you should engage an experienced criminal defense attorney.

The reasons may be obvious to some. There may be some among you, however, who think, “Aw, that’s just Goldberg tooting his own horn again. My case is so simple, a trained chimpanzee with a law degree could handle it. Besides, experienced lawyers are more expensive than those without experience.

Well, no and yes. I have not yet met any monkeys who have made it all the way through law school (although I have had my suspicions in some cases), and, yes, experienced attorneys usually cost a little bit more.

Every case is different and some cases seem more straight- forward than others. However, any case can have its little surprises. Further, even the simplest of cases can be lost.

The fact is, there are certain things that one can only pick up through experience. As in most professions, one can develop a “sense” about things.

This is especially true at trial.

Speaking of trials, I have also told you that, at times, police officers (like any witnesses) may not find it necessary to limit themselves to the truth.

How dare I?

Continue reading "Samuel’s Take: A Boston Drunk Driving Verdict From An Experienced Defense Lawyer’s Files" »

December 30, 2008

Defendant’s Lawyer Argues That Boston Area Client Who Killed Boyfriend Is The Victim

Slightly north of Boston, this week began with another romantic entanglement that spilled into the halls of justice. This time, it was substantially more tragic than our tale in yesterday’s daily blog. This time, somebody died. The prosecutor says that the killer is a criminal. Her defense lawyer, however, says she is the true victim, a victim of domestic violence.

Kimberly S, 30, of Somerville (hereinafter, the “Defendant”) was arraigned yesterday for murder. She is charged with plunging a kitchen knife into the chest of her boyfriend this past weekend. However, she claims that the killing of Amaldo A., 42, (hereinafter, the “Deceased”) was done in self-defense.

The Defendant, who claims to be a longtime victim of domestic abuse told police that she killed her boyfriend in the midst of another argument, according to a defense attorney and a police report filed today in court.

"Yes, I stabbed him, but he attacked me first," the Defendant told police, according to the report.

In Somerville District Court, she pleaded not guilty to a murder charge and was held without bail. Defense attorney Maria Curtatone pointed to what she described as bruises on her client's neck, chin, and forehead as evidence of chronic abuse.

Assistant Middlesex District Attorney Marian T. Ryan acknowledged that the couple had a history of domestic violence at their Greenville Street apartment. Neighbors said, however, that the Defendant was often the aggressor, Ryan said in court . The prosecutor also indicated that the smaller-in-stature Amado was too “embarrassed” to report the abuse.

Continue reading "Defendant’s Lawyer Argues That Boston Area Client Who Killed Boyfriend Is The Victim" »

December 29, 2008

Boston Area Nanny Accused Of Kidnapping Baby, But It Is Not Her Who Needs The Criminal Lawyer

It may be that the Boston area is simply a dangerous place for a nanny. Several years ago, we had that case in Cambridge where a British nanny was accused (and, actually, convicted) of killing a baby. The case made international headlines. She did have an extremely experienced criminal lawyer on her side and...guess what? She ended up going home when it was all over.

Well, this case is a tad different and the attorney ends up not being needed for the nanny after all. In fact, there was no nanny. Not even a baby. And the outer-Massachusetts part of the drama did not take place overseas, but in Miami, Florida.

You remember Florida, don’t you? Another fraud, to the tune of billions of dollars, was recently discovered there.

Meagan M., 22 (hereinafter, the “Defendant”) is a Miami woman who is alleged to have come up with an inventive way to try to keep her man. She made up a baby.

Well, kinda. She tried to do it the regular way, but did not suceed. Apparently, she lost the baby due to a miscarriage three months into the pregnancy. However, Miami police said the Defendant pretended to carry the baby to full term in order to keep her boyfriend, John B., 26, (hereinafter, “Big John”) from breaking up with her. She even named the phantom child, giving it Big John’s last name.

The real problems began when Big John wanted to see the child after its alleged birth. So, the Defendant did what seemed to be the logical thing...she reported that the baby had been kidnapped, and then reported the baby missing to police.

Now, what could be more romantic than that?

Continue reading "Boston Area Nanny Accused Of Kidnapping Baby, But It Is Not Her Who Needs The Criminal Lawyer " »