Boston Criminal Lawyer Blog

You are driving around on a wintery Massachusetts night, maybe after a couple of drinks that you are sure did not effect you. All of a sudden there is a large bumping feeling and a sound that tells you that you have hit something. The temptation is to put the problem, whatever it may be, behind you and to get out of there fast. You think that to do otherwise is foolhardy and could cost you your license and the need to hire one of those criminal defense attorneys.

Avoid that temptation. The fact is that leaving the scene of an accident, whether physical injury to a person or simply property damage was caused, only makes a bad situation worse.

Let’s look at a couple of very recent examples.

17-year old Sandwich teen, Sarah G. (hereinafter, “:Teen Defendant”) began the new year after collecting a bunch of charges that were only made worse by leaving the scene. She is drove into the rear of a police cruiser. She then apparently tried to leave the scene but was apprehended shortly thereafter. She is now facing charges which include leaving the scene of an accident, unlicensed operation of a motor vehicle, failure to stop for police and underage alcohol possession, according to the Cape Cod Times.

Continue reading "Leaving The Scene Of An Accident In Massachusetts Brings The Need Of An Experienced Criminal Defense Attorney For Firefighter And Student" »

“Look, you seem like a good kid. Boston needs more people out there like you…productive citizens. I have no interest in jamming you up. Just tell me your side of things and I will talk to the District Attorney and see what we can work out.”

You would be surprised how comforting those words seem when coming from the police officer who has you in the little room at the local police station talking about that nasty-sounding murder that everyone is upset about. You may be even more surprised at how many people leap to those words as if from a burning building to tell their “side of things.”

The next time they see that “side”, it is often almost unrecognizable as it reflects from the pages of a police report. Yep, the prosecution went through anyway. Who knew?

As most daily readers of this blog know, there is no law that says you must talk to the police when they come to question you. Quite the contrary. You have a Constitutional right not to talk to them. You have a right to ask for an attorney to be present as well.

“Well, Sam, if I say I do not want to talk to them, or ask for an attorney, aren’t I basically confessing that I have something to hide?”

Continue reading "Attorney Sam’s Take: MA Rape, Robbery Or Assault Charges – When To Talk To Police" »

It's holiday time again!. This weekend is Halloween, as I am reminded every day when I try to drive through downtown Salem. As is usually the case, around Boston and environs, law enforcement is particularly aware about drunk drivers. One very recent case, however, did not really take all that much detection. By the time it was over, there were two Pittsfield women needing criminal defense attorneys come yesterday.

Victoria D., 22, and Felicia M., 21 (hereinafter collectively, the “Defendants”) were in a car Saturday. The car ended up crashing into a house on Route 9 in Schodack at about 5:00 a.m. According to the police, the accident caused “substantial damage”.

The Defendants were then transported to Albany Medical Center Hospital.

As the police came to investigate, they say they discovered that both women had been drinking alcohol. The Defendants also gave conflicting accounts as to which one was driving at the time the car careened into the house.

Continue reading "Drunk Driving Accident Leaves Two Suspects Needing Lawyers" »

The issue of Search and Seizure is in the news again today. While the case itself is not based in Boston, it is of interest to lawyers, police officials and drivers anywhere. Why? Because it involves the United States Supreme Court, which seems split on the subject.

The case actually hails from Virginia and the conviction of Joseph A.M.H.,Jr (hereinafter, the “Defendant”) for drunk driving. It seems that the Defendant was pulled over by the police before they saw him break any traffic laws. That conviction has been overturned on appeal by Virginia’s Supreme Court.

And that is the issue. Did the police have the right to pull over the Defendant before they saw him commit any crimes?

Continue reading "Drunk Driving Case Ignites Legal Fight On Search And Seizure" »

Ahhh…summer! Time for hitting the beaches, cookouts and, as I have said before, Jimmy Buffett tunes. Today, I am reminded of another of Buffett’s songs, namely “Boat Drinks”. Maybe it is because I am dropping off my son at a boat this morning, but more likely it is because I am reminded about a crime that few people are arrested for although we know it happens a great deal. It is one area in Boston-area criminal defense one does not find many specialists.

The crime is boating while intoxicated.

For many, alcohol is as much a part of boating culture as sunscreen and fun. But in Massachusetts, where more than 140,000 recreational boaters cruise the waterways, intoxicated skippers are rarely arrested. For example, last year, boating under the influence charges were brought against just six people.

This is apparently not the same nationwide. For example, last year, Indiana had 121 such arrests. Missouri boasts 17 such arrests at on-the-water sobriety checkpoints in just one weekend.

Continue reading "Arrests For Drunk Driving On The Water Dwindle – Why Would That Be?" »

To me, summer is best symbolized by the recording artist, Jimmy Buffett. In fact, one of my favorite songs of his is “Weather Is Here, Wish You Were Beautiful”. Summer is a season that is short-lived here in the Boston area. If one counted how many really nice days we usually get,…well, it is kind of depressing. We all know that the weather can effect moods. However, did you know that it can also control the need for criminal defense attorneys?

Southwick Police Officer Tom Krutka says he sees an increase during this time of year of a particular crime. He says that outdoor barbecues and holiday parties often involve alcohol. After the parties, folks hit the road…which often means operating under the influence of alcohol. He even sees a difference depending on the weather. Nicer weather…more drunk drivers.

Officer Krutka warns that “buzzed driving” is enough to get someone in trouble. Even one or two drinks, depending on the person, can get you arrested. “That’s just the beginning”, he continues. “If it turns out to be an accident, you effect the person you hit, the family the community, your family your life, financial burden it goes a long way."

Well, he is right, of course. Drunk driving, and any resulting arrests, can ruin the lives of a lot of people.

Continue reading "Arrested For Homicide Or Drunk Driving? You Should Have Checked The Weather" »

Aiden Quinn, the 24-year-old Green Line train operator who was text messaging his girlfriend when the train he was operating rear-ended another trolley has been indicted on a negligence charge. Three trolley cars were destroyed in the May 2009 Boston train accident that resulted in $9 million in damages. 62 people were injured.

According to investigators, Quinn was texting on his cell phone and not look at the track when he ran a yellow light and then a red light before striking another train. While none of the Massachusetts train accident injuries were fatal, one woman with a broken pelvis may never be able to walk again, and a teenager who broke her vertebrae sustained a concussion. The negligence charge he was indicted for comes with a maximum three-year prison sentence.

In another Massachusetts case involving a serious car accident, 21-year-old Falmouth resident Jonathan Muir has been charged with motor vehicle homicide while operating under the influence of alcohol, serious bodily injury while under the influence of alcohol, failure to stay within marked lanes, operating negligently so as to endanger, and speeding. He is accused of losing control of his Porsche at around 1:30 am on June 29.

Cassandra Flynn-Rakos, 21, died in the Bourne car accident. Muir and passengers Erica Pouler and Sonya Dangelo sustained injuries. Muir's Massachusetts’s driver’s license was revoked after the deadly crash.

Massachusetts police are also charging 93-year-old Louis Vesprini with negligent operation of a motor vehicle. The Peabody man is the motorist who drove his car into a Wal-Mart last month, injuring 6 people, including a 1-year–old. If convicted, he could be sentenced to up to two years in jail.

Vesprini accidentally stepped on the gas pedal instead of the brake.

If you face criminal charges for your alleged involvement in a Massachusetts motor vehicle crash, it is important that you do not try to combat the charges without the support of an experienced Boston criminal defense team.

Driver charged in fatal Bourne crash, Boston.com, July 9, 2009

Elderly Driver Cited In Wal-Mart Crash, WBZTV, July 8, 2009

Green Line MBTA driver indicted in May crash, PatriotLedger.com, July 9, 2009

Related Web Resources:
Boston to bar texting while driving in city-owned vehicles, Boston.com, June 25, 2009

Massachusetts Law About Drunk Driving, Massachusetts Trial Court Law Libraries

As promised, our weekly "Attorney Sam's Take" discussion completes our examination of how involvement in the criminal justice system effects students.

We have discussed how, beyond the obvious, the arrest of a juvenile student in Massachusetts can seriously effect that student’s future plans. We have also mentioned how the earliest consultation with an experienced criminal defense attorney is vital in order to best attempt to prevent, or at least minimize, damage.

Of course, not all students are juveniles. Some are already adults. There are a few big differences. Remember how I wrote about the Juvenile System’s concerns being primarily rehabilitative? Well, such is not the case with adults. Further, while a juvenile’s prior record is often disregarded…no such luck for the adult.

The result of these differences?

Harsher realities.

Let’s take an example.

Last Thursday, 18-year-old Kyle R. (hereinafter, the “Defendant”) had a bit of trouble with the Taunton police. It seems he is being accused of driving drunk (aka OUI). Well, maybe a little more. He also faces charges of driving so as to endanger, carrying a dangerous weapon, (a spring-loaded folding knife) and violating the terms of a juvenile operator's driving license.

“What brought the lad to the attention of the law?”, you ask.

Well, the police say it was his driving his car into a speed limit sign and a fire hydrant just after 1:00 a.m.

Continue reading "A Boston Criminal Defense Lawyer Discusses Student Arrests And The Resulting Effects On A Student’s Future (Part Two)" »

Once again, you are being arrested in Boston. Maybe you are out for a “night out on the town” and the town, and its inhabitants, has turned on you. Perhaps you are carrying something that has been branded as illegal…such as a gun or some drugs. Maybe there is a warrant out for your arrest and, for some reason, those police officers on the corner are looking at you kinda funny. Whatever the circumstances are, members of law enforcement are coming to approach you and they are not baring gifts…except for the Commonwealth’s Bracelets of Shame. Oh, how you wish you had your lawyer standing right beside you.

But you don’t.

You are on your own until you can get to the experienced criminal defense attorney whom you long ago learned from this daily blog you should consult.

What to do.

In today’s weekly Thursday Attorney Sam’s Take, we look at these crucial moments during which time you will decide how to respond to the approaching officers. If you are a regular reader to this blog, you probably know a lot of what I am about to tell you already. However, it is worth reviewing, since getting it wrong could cost you a lot of years.

Continue reading "What Should You Do If You Are Being Arrested In Boston? The Boston Criminal Lawyer Blog Answers The Questions Of What To Do Until You Contact Counsel" »

In Lynn District Court, teenager Jonathan Caruso attended his arraignment on Monday, pleading not guilty to charges of negligent vehicle homicide, being a minor transporting liquor, and operating under the influence of alcohol in the deadly pedestrian accident that killed a 67-year-old woman and seriously injured her daughter early Saturday morning. Caruso, 18, is a Saugus High School senior who had stayed out all night with friends after attending his prom the night before.

The deadly Massachusetts pedestrian accident occurred at Grove and Essex streets. A police report indicates that Caruso told them that he had been drinking and may have fallen asleep while driving. He says he regained consciousness after hitting a street sign. A friend who was in the car told him that he had struck two pedestrians. Caruso, who took a breath analysis test after the Saugus car accident, registered a .02% BAC. The legal limit for Massachusetts drivers under 21 is .02%.

Carol Marean died from her pedestrian injuries. Her 41-year-old daughter, Charlotte, sustained critical injuries. The two of them had gone out that morning to walk their dog.

The judge ordered the teenager held on $7,500 cash bail. Caruso will also have to abide by a 7pm to 7am curfew and go back to court in July for a pretrial hearing.

A Massachusetts OUI/DWI/DUI offense is a serious offense in the state—especially if someone was injured or killed as a result of the alleged drunk driving incident. An experienced Boston DUI lawyer can protect your rights and comb through all of the evidence to make sure that the best avenues of defense are available to you.

The more serious the criminal charges against you, the greater the penalties and the longer the sentencing periods that could await you. You need a good Massachusetts criminal defense law firm working for you.

Student arraigned in death of pedestrian, Boston.com, May 19, 2009

Friends: Teen Accused In Fatal DUI No, WCVB, May 18, 2009

Read the Police Accident Report, Boston.com (PDF)''

Related Web Resources:
Police arrest 34 people, many teens, in get tough move on public drunkenness at Comcast Center concert in Mansfield, Enterprise News, May 19, 2009

Continue reading "Massachusetts High School Senior Pleads Not Guilty to Saugus Pedestrian Accident that Killed a Senior Pedestrian and Seriously Injured Her Daughter " »

‘Tis the season of high school proms. As a parent, I know the worry about what
"the kids" are doing out there. It did not occur to me that the adults in charge of the kids might need some worrying too. However, take Boston-area limosine driver, Brain H., 45 of Tewksbury, (hereinafter, the “Defendant”). Friday night, he was given the news that when this week began, he would be trading in his license for a new relationship…with a criminal defense attorney,

He was arrested in Lowell and charged with operating under the influence of alcohol…while transporting a group of high school students after the prom.

You see, a group of Lowell Catholic High School students hired the limosine from Lynette’s Limousine Service for the prom on Friday evening. However, during the outing, according to police, two of the girls noticed that the driver was driving erratically. One of them called a parent when the limo stopped at the Showcase Cinema at 32 Reiss Ave., police said.

Apparently, the students became suspicious that the Defendant ’s driving abilities had been hampered by drinking during the trip because he kept getting lost and repeatedly veered onto the rumble strips on the side of the road. According to the students, the situation got so bad that the students demanded that the Defendant pull over the limousine, which is why they stopped in the movie theater parking lot.

Officers said the parent who had been called immediately contacted Lowell police and the Defendant was arrested at the movie theater at 11:40 p.m.

According to police, the Defendant had initially left the area when the students refused to get back into the car, but returned shortly after, pleaded for the students to forgive him, and tried to convince them to get back into the limo. At one point he is said to have “…actually put his hands in the praying position and said ‘Please, I’m sorry, I made a mistake,” according to the students.

The students did not go for it and the parents are likewise not in a forgiving mood.

Continue reading "Limo driver arrested for driving drunk -was driving high school students at time of arrest- loss of license and maybe job to follow" »

In Massachusetts, a former Massachusetts National Guard sergeant is combating DWI charges involving a Concord bicycle accident that injured two cyclists. Adam Lamothe, 26, was going to plead guilty to the criminal charges of two counts of conduct after an accident and aggravated driving while intoxicated, but now he’s retained a new Massachusetts criminal defense law firm and he wants to question the victims’ credibility.

The deadly Concord DWI accident occurred in August 17, 2007 when they were struck by Lamothe's motor vehicle on South Main Street early in the morning. The two bicyclists, Daniel Gallant and Adam Boyer, got hurt. Boyer, who sustained a traumatic brain injury and a fractured skull, almost died. Meantime, Lamothe didn’t stop the car after striking the two men. When police apprehended him, he had a .17% blood alcohol level.

It turns out, however, that both men have criminal records. Now, Lamothe’s attorney wants to use these past convictions, which are admissible at trial, to help jurors determine whether the victims can be trusted to tell the truth. Gallant, who was convicted of child sexual assault, served 10 years in prison. Lamothe’s defense team believes this is important, because Gallant tried to conceal some of this history during a pretrial deposition. Boyer, was convicted in 1998 of physical assault.

It will be up to a judge to determine whether revealing the details of the men’s criminal records will outweigh any unfair prejudice or mislead a jury. Merimack County prosecutor Wayne Coull wants to keep the two men’s criminal histories out of court. He doesn’t believe their credibility should be an issue for this case because the two men weren’t even aware that they’d been hit by a motor vehicle until they recovered from their injuries.

Combating Criminal Charges
If you have been charged with a Massachusetts crime, you are entitled to representation by a Boston criminal defense law firm that will exhaust every avenue of defense on your behalf. Situations and circumstances are not alway what they seem and having an experienced criminal defense lawyer by your side is the best way to make sure that you don't get lost in the legal system and that there is someone fighting for you to ensure the best outcome possible for your case.

Cyclists' past crimes may enter DWI trial, Concord Monitor, April 29, 2009

Driver Charged With DWI After Bicyclists Hit, WCVB, August 17, 2009

Related Web Resources:
Drunk Driving, Justia

Criminal Defense Lawyer, FAQ

Continue reading "Massachusetts Man Charged with DWI Accident Wants Victims’ Credibility Questioned" »

A north of Boston attorney has found herself on the chair most often occupied by her clients. At least, that is, in court. Otherwise, she is in custody, held without bail, for driving offenses.

Tracy T., 32, of Revere (hereinafter, the “Defendant”) is being held without bail on what the Commonwealth alleges to be her third drunk driving charge. Well, that was one reason.

The other reason, according to prosecutors, is that she gave false information to the patrolman who stopped her.

The alleged event took place in Marblehead last Thursday morning. The Defendant was pulled over by police. Upon questioning, she is said to have given the police a phony name, date of birth and a Social Security number that turned out to be that of an elderly man. She said she didn't have her license on her, then told the officer that it was expired.

When police determined who she was, The Defendant became apologetic and then allegedly gave the kicker line, "You aren't going to arrest me, are you? I can't get arrested. I am an attorney," according to police.

Given that her line of argument was not persuasive under the circumstances (which allegedly include her failing two of three field sobriety tests and then registering a .22, more than three times the legal limit, on a portable Breathalyzer, the answer was in the affirmative.

Continue reading "Lawyer remains jailed; charged with OUI, driving with suspended license and giving false name" »

Raymond A., 51, of Hampden, (hereinafter, the “Defendant”) was hungry. He just wanted a burger. But he was watched by an ambulance driver. Now, he needs an attorney.

Springfield District Court was the venue for the Defendant’s little adventure to end. According to law enforcement, he had been driving under the influence of alcohol.

The adventure began at approximately 2:00 a.m. as an AMR ambulance driver observed the Defendant’s pickup truck driving erratically in AMR’s parking lot, according to Sgt. John M. Delaney, executive aide to Police Commissioner William J. Fitchet.

Perhaps thinking that his services might be needed at any moment, the ambulance driver followed the truck.

She did this while keeping the police informed of the truck’s route of travel while keeping it in sight.

Finally, she followed the truck into a McDonalds on Boston Road, where the Defendant, the driver of the truck, attempted to order food from a drive-up window.

There was a problem with the service…there wasn't any. The place was closed.

Continue reading "Boston Road Drunk Driver Asked, “Do You Want A Lawyer With That Burger?”" »

It is time for the “Hey, I’ll Bet I Can Make This Situation Worse” Club to announce its new spin-off organization, “Bet They Nail Me This Time!” I would like to nominate for the BTNMTT initial poster child a certain 19 year old woman, Elizabeth F. (hereinafter, the “Defendant”). Lately, she hails from Norfolk. However, back in 2006, she and her lawyer were trying to keep her free after she was involved in a Boston fatal hit-and-run case.

On Sunday, the Defendant, still on probation for the earlier case, was arrested in Ashland on drunk driving charges after she was found passed out behind the wheel of her car that had gone off the road, police said.

She was not alone this time. She was with elder 20 year old Carrie O. (hereinafter, the “Co-defendant”)… who was also passed out in the car.

As a result of their investigation, police say that the women appeared to be passed out from alcohol, not from any injury they received when the car crashed into a snow bank.

Fortunately, nobody was on the receiving end of the vehicle this time.

Continue reading "Former Boston Hit And Run Driver Must Have Golden-Tongued Attorney After Driving Drunk" »

Police in Massachusetts say they believe that the increase in car break-ins, burglaries, scams, larcenies, and domestic violence crimes throughout the state can be attributed to the recent economic crisis. For example, the Boston Globe is reporting that in:

• Lawrence, Massachusetts: Burglaries have already increased by 52% compared to last year.
• Lowell, Massachusetts: There has been a 21% increase in thefts and larcenies, as well as an increase in fraud cases.
• Hingham, Massachusetts: Between October 2008 through February 2009, there were 57 reports of domestic violence-related crimes (up from 35 domestic violence incidents the year prior).
• Boston, Massachusetts: While large crimes are down throughout the city, certain areas have seen an increase in robberies, thefts, and burglaries.
• Between January 1 through March 1, 2009, the Suffolk district attorney’s office assessed 256 child abuse cases, which is almost twice the number of cases reported for the same period in 2008.

According to police, loss of work, loss of income, foreclosures, and loss of quality of life may be leading to desperation, frustration, anger, stress, arguments and fights between couples and business partners, drinking, and drugs.

Police departments throughout Massachusetts are also reporting some unusual crimes that could be a further reflection of the tough times that people are facing:

• A Ludlow bank was robbed two times in a little over a year in a town that hadn’t experienced a bank robbery in 20 years.
• In Hingham, one man was accused of assaulting his spouse after he was laid off from work.
• One Quincy theft crime that occurred last December involved robbers taking three snowplow blades.
• Domestic violence programs throughout Massachusetts are reporting an increase in the number of battered women asking for help.

It doesn’t help that the economic crisis is forcing police departments to cut back on budgets, which means there are less resources and staff to deal with the increase in Massachusetts crimes.

Economy fuels rise in crime, police say, Boston.com, March 10, 2009

Massachusetts Crime Rates 1960 - 2007, Disaster Center

Related Web Resources:
Massachusetts State Police

Continue reading "Massachusetts Police Say Economic Woes Have Led to More Break-Ins, Larceny, Domestic Violence, and Other Crimes" »

How did you spend your Saturday night last weekend? Well, you can tell me about it (if you really want to call me about that), but a certain gentleman from Boston’s Northern Neighbor, Salem has only his own attorney to tell about it. And, if he wants to get out of jail anytime soon, he had better hope that the lawyer is gifted in spinning that story.

Ronald M. 46, (hereinafter, the “Defendant”) was arraigned this week on a series of charges stemming from the 12:50 a.m. crash at the intersection of Bridge and Webb streets, including second-offense drunk driving and a third offense of driving while under the influence of drugs, driving while his license was under suspension for a prior drunk-driving conviction, leaving the scene of a personal injury and property damage accident, driving to endanger, two counts of resisting arrest, and failing to stop for police.

Not only this…but he did it in a borrowed vehicle!

Prosecutors in Salem District Court promptly filed a motion requesting that he be held without bail. Judge Robert Cornetta scheduled a hearing on that request for Friday. In the meantime, the Defendant will remain in custody at Middleton Jail.

Police say the Defendant, driving a borrowed pickup truck, ran a red light and "T-boned" an SUV, sending it into a utility pole. The impact sheared the pole and crushed the SUV, trapping the driver. The driver had to be extricated from the wreckage but declined medical attention.

As police converged on the scene, the Defendant, apparently a member of the famed “Hey, I’ll Bet I Can Make This Situation Worse” club tried to flee, police said in a report.

Continue reading "North Of Boston Driver Finds That The Alcohol – Cocaine-Driving Combination Makes Prosecuting Attorneys Unhappy" »

You know, sometimes the weather gets to everyone. The cold Northeast winters…except for those midwinter days when we get 70 degree weather and then a blizzard the next day. It’s confusing and it could lead a person to drink. And that is basically what happened to Boston’s free-lance meteorologist Melissa B. (hereinafter, the “Defendant”) last Friday. Now, the 39-year-old celebrity needs a defense attorney to ensure that she is able to remain free to even see the weather.

It happened last Friday morning. A professional, she was back on the air that night.

The Defendant was driving the 2004 Cadillac Escalade at approximately 1:35 a.m. when she passed a state police trooper in the left lane of Soldiers Field Road “going well over” the posted speed limit according to state police spokesman Dave Procopio.

The Defendant’s vehicle “nearly struck the front of his cruiser as it cut in front of him,” said Procopio, quoting from the police report. The trooper reported the Defendant was driving between 50 to 55 mph (the posted speed limit was 40) and was “weaving between” the travel lanes. The road conditions were poor, the trooper stated, and Soldiers Field Road was covered in sleet and snow.

Procopio said the trooper pulled the Defendant over and he “observed a smell of alcohol” when he approached the driver’s side. The trooper reported that the former WBZ-TV meteorologist asked him a question that was “incoherent.”

Continue reading "Boston Celebrity And Her Lawyer At The Bar In Drunk Driving Case" »

It has been a difficult and dangerous time for Boston-area police officers. While perhaps not intentional, recent tragedies and near-tragedies remind us that some of those we represent as defense attorneys often endanger not only themselves, but everyone around them when driving dangerously.

Including police officers. Let's look at two recent examples.

You have probably already heard about State Police Captain Richard J. Cashin, 52, father of four, who died last Wednesday when his cruiser crashed into a utility pole. It has now been determined that he was likely enroute to help Saugus police pull over a car that was reportedly driving erratically.

About a mile and a half from the crash site, Saugus police had pulled over the driver who, police later found out, was texting while driving, said Saugus Lt. Michael Annese. He believes it’s likely that is where Cashin was headed.

State Police spokesman Dave Procopio said “Based on the proximity of the time and location and the type of police officer Capt. Cashin was - always looking to assist other officers - you could draw a reasonable inference that he had begun traveling up Route 1 to look for an erratic driver, who posed a threat to the public, at the time he lost his life,” Procopio said.

Witnesses told police the car’s lights and sirens were not on prior to the crash, Procopio said.

Continue reading "Boston-area Law Enforcement Endangered By Drivers Needing Defense Lawyers" »

Framingham Judge Robert Greco wants the district attorney’s office to retry a 2006 Massachusetts drunk driving case because he says there is evidence that judicial misconduct took place. Earlier this month, Greco denied the DA’s motion to reconsider this order.

On January 14, Grego ruled that that there was evidence showing that the judge in the trial, Nantucket first justice Joseph I. Macy, had gone into the jury room while deliberations were taking place and did not give jury members sufficient instructions about how to decide the case.

Last November, however, Macy gave testimony that he did not enter the deliberation room while jurors were deciding on defendant John Bresnahan's verdict. He also says that he has never entered a jury room during deliberations throughout his entire judicial career. He did, however, admit to speaking with jurors after they issued a guilty verdict against Bresnahan. Macy says that going into the room to thank jurors and answer any questions is standard practice once a trial is over.

A number of court officers also testified that Macy did not enter the room while the jury was deliberating. However, three of the four jurors who gave testimony during a post-verdict juror inquiry claim that Macy entered the room during deliberations to answer a question.

Now, Grego wants the guilty verdict vacated and the case retried. The 2006 verdict was Bresnahan’s fourth DUI conviction. Assistant District Attorney Tom Shack, however, says he will appeal Greco’s decision. He says the DA's office believes that Greco is in error.

Judicial Misconduct
Judicial misconduct can occur when the Code of Judicial Conduct has been violated. Some examples of judicial misconduct:

• Conflict of interest
• Impropriety
• Misconduct during an election campaign
• Ex parte communication

Evidence of Misconduct Found in '06 Drunk Driving Trial, The Inquirer and Mirror, January 26, 2009

Massachusetts Commission on Judicial Conduct

Related Web Resources:
Massachusetts Law About Drunk Driving

Continue reading "Framingham Judge Wants DA’s Office to Retry 2006 Drunk Driving Case Because of Possible Judicial Misconduct" »