Boston Criminal Lawyer Blog

And so the trial of assumption and innuendo (at least, so far) continues in Brockton, Massachusetts. Attorneys battle it out as jurors hear different observations of the home of Carolyn R. (hereinafter, the “Defendant”) and the various family members. As you may recall, the Defendant and her husband are being charged, yet tried separately for the first-degree murder of their 4-year-old daughter (hereinafter, the “Deceased”). According to yesterday’s Globe, Tuesday’s testimony had to do mostly with...the husband (hereinafter, “Co-Defendant Dad”) .

That’s right...first degree murder. The one with premeditation.

Correct again...Co-Defendant Dad. The one not on trial yet.

It was a stellar day for the prosecution.

Continue reading "Massachusetts Murder – By – Drugs Trial Continues" »

Arraignments do not always take place in the courtroom, as Robert G., 19,(hereinafter, the “Defendant”) learned yesterday. He was arraigned in a Worcester hospital bed on charges of killing his ex-girlfriend, 19-year-old Allison M. (hereinafter, the “Deceased”). The Deceased was a Fitchburg State College freshman. In the past, she had obtained at least two restraining orders to keep the Defendant away from her, authorities said.

The Defendant was charged with first-degree murder, and violating the restraining orders, after allegedly stabbing and shooting to death the Deceased. He remains in critical condition after allegedly trying to kill himself as well.

“We are alleging that this is another troubling incident of domestic violence resulting in homicide, where the defendant is alleged to have fatally stabbed the victim, his ex-girlfriend, and then attempted to kill himself,” Middlesex District Attorney Gerry Leone said in a press conference this afternoon at his office in Woburn.

“This is the second such incident we have in consecutive weeks, where we are alleging that a male defendant has killed his former or present female significant other, and then seemingly tried to end his own life,'' Leone said. "We must continue to find ways to stem this tide of alarming domestic violence incidents.”

Continue reading "Massachusetts Homicide Charges Result From Restraining Order Violations" »

First of all, allow me to establish that I am an ardent Beatles fan. Second, let me confess that I have been imbedded in the criminal justice system for about a quarter of a century. As such, there is a certain type of “ear” that I have developed over the years to pick up criminal-justice-related tidbits.

Yesterday, there was a lot of Beatles activity…pretty impressive given that the band disbanded almost 50 years ago. Topping the list of newly released items were a video game and a box set of all the original releases on remastered cds packaged together with video “mini-documentaries”. Naturally, I played the part of consumer. Then, as I contemplated the weekly “Attorney Sam” feature of this daily blog, some of the Beatles’ lyrics came back to me.

There are obvious crime-related Beatles songs. “Maxwell’s Silver Hammer” is such an example. In it, a handful of murders are conducted by our young hero with the aid of his trusty silver weapon which he manages to smuggle in everywhere, including school, court and the local police station. Of course, on the other side of the law, there is “Lovely Rita”. Here, the singer is courting (no pun intended) a meter maid.

The Beatles’ rock ‘n roll view of romance is particular interest. “Why Don’t We Do It In The Road” comes to mind, for example. It could, I suppose be simply walking and whistling a happy tune that the fad four are suggesting, but most people think they are talking about something a bit more sexual in nature. Clearly not a good suggestion. Assuming that one survived the oncoming traffic, one would soon be arrested and prosecuted for a host of criminal acts which fall under the purview of the sexual offender registry. Of course, speaking of which, the song “Little Child”, wherein the singer, who is “sad and lonely” asks a young thing to “take a chance” on him would also interest many prosecutors. Of course, he is suggesting that they only dance…!

I can see the Commonwewlth's sexual assault expert now testifying that "things like 'dancing' are simply a ruse used by the offender who gains the child's trust...!"

Continue reading "Attorney Sam's Take: Can The Beatles Get You Arrested For Domestic Violence Or Other Crimes?" »

Yesterday’s Boston Globe contained the story of a “standout” high school football star who now is not looking for a talent scout, but a criminal defense attorney. While he had been scheduled to bring his athletic prowess to college, his future is now in doubt due to allegations of demonstrating them at the wrong place and time.

The crimes alleged are of the Massachusetts assault and battery variety and have invoked further suspicion of ongoing domestic abuse.

It would appear that Mathew G., 18, of Dracut (hereinafter, the “Defendant”) and his girlfriend are parting ways. His 17-year-old ladyfriend has accused the Defendant of hitting her early Sunday morning in a rage of alcohol-fueled jealousy at a party in Lowell. Apparently, this assault included pouring beer over her head as she talked to another male. She also claims that the Defendant punched her in the face when she ran away from him, refusing to return.

The Defendant was arrested was arraigned on domestic assault and battery charges in Lowell District Court on Tuesday, during which time he pleaded “not guilty”. While both he and his court-appointed attorney have refused to make any public comment, his ex-girlfriend has indicated that this is not the first time the Defendant has struck her.

While the complainant declined a ride to the hospital, the officers say that they saw redness on her face, presumably from the Defendant’s blow.

Continue reading "Sports Star's Future Is In Danger As He Is Arrested For Domestic Assault And Battery" »

Yesterday’s daily Boston Criminal Lawyer Blog talked about “Road Rage”. I even mentioned “Domestic Violence” cases. Today, we hit their cousin, “Hate Crimes”.

Hate Crimes is another category which brings extra focus on a case which otherwise might be a typical assault, threats or other such case. What makes a case a hate crime is the rationale behind the crime. If it is motivated by racial, gender or other kind of prejudice, it is a hate crime and gets special treatment. In fact, in the federal system, an additional count regarding civil rights violations can be brought.

Today’s example involves Debroah M. of Norwood (hereinafter, the “Defendant”) who has come to the attention of Attorney General Martha Coakley who has taken action against her. The Defendant is alleged to have repeatedly harassed a gay neighbor.

The neighbor is a tenant in the same apartment building where the Defendant lives. The Defendant is said to have been engaging in the harassment for a long time. In November, 2007, for example, officials said she began spreading false rumors that the victim is a sexual predator and pedophile.

A complaint was filed December 31st by the Attorney General. It alleges how the Defendant harassed the victim in a number of ways, including spreading false rumors that he was a sexual predator and pedophile, screaming anti-gay epithets at him, and falsely reporting to police that he had exposed himself.

Continue reading "Boston's Attorney General Targets Harassment And Hate Crimes" »

In the north of Boston, there is a little city called Salem, Massachusetts. Salem is a fun place with its own claims to excitement. A number of years ago, for example, we used to hang people for being witches. Next to Salem, is Lynn. Perhaps for more mundane reasons, Lynn tends to be a rather exciting place to live too as we have discussed in the this daily blog many times.

Last July, a Lynn man, apparently unsatisfied with the adventures that Salem had to offer, engaged in alittle excitement of his own. Well, his and his lady friends…

Michael B., 37, (hereinafter, “Boy Defendant”), and his girlfriend, Caroline T., 27 of Woburn (hereinafter, “Girl Defendant”), came to Salem two days ago to put an end to their pending criminal matter. They were coming to plead guilty .

It had been an assault case. Actually, a domestic violence assault case. A domestic violence assault case that was allegedly committed right outside the courthouse.

The alleged victim? Boy Defendant’s estranged wife (hereinafter, “Mrs. Boy Defendant”).

Continue reading "The Love-lorn North Of Boston Come To Blows And Need Defense Attorneys " »

You know, I really hate to beat up on anybody. I really don’t want to be mean.

But when the same guy keeps popping up with new charges and seems to be pushing for czar of the “Hey, I’ll Bet I Can Make This Situation Worse” Club’s newest section, “How Far Can I Push Things Before They Just Lock Me Up?”, I really have to make comment.

I have written about this guy before. He is the former Boston firefighter and bodybuilder Albert A., (hereinafter, the “Defendant”). He is back in the news and back in Commonwealth housing.

Perhaps you remember him.

He was one of Boston’s fireman until a number of months ago. You see, on March 21st, he allegedly slipped on a staircase. Nobody had witnessed the accident, but a Dorchester neurologist said in a report that the Defendant was “totally and permanently disabled”. So, the Defendant applied to the Boston Retirement Board for a disability pension.

Unfortunately, on May 3rd, he achieved apparent medical history by finishing eighth at the 2008 Pro Natural American Championships in Marlborough, Massachusetts. After the Boston Globe published a picture of the medical marvel during the competition, Fire Department officials ordered him to return to work.

He didn’t.

He was fired.

The media had a field day, denouncing the Defendant and his fraudulent acts, not to mention the system that had allowed him to so easily do so.

This would have been enough for most people. But not the Defendant. There was still some room left on that rope.

Continue reading "Boston Ex-Firefighter Faces New Charges In Violating Restraining Order And Is Sent To Jail" »

Angel R., 43, a former Springfield firefighter (hereinafter, the “Defendant”) has been having a bad time of it lately.

In July, he was arrested in connection with a fight with another gentleman.

Well, it allegedly involved alittle more than a simple fight; his fellow combatant, hereinafter referred to as “slashed”, ended up cut up through use of a box cutter. The Defendant was arrested for attempting to kill him.

The fight had taken place outside an apartment in Sixteen Acres on Allen Park Road. Slashed, who had been outside the home of his two children and their mother, had reportedly been slashed several times and still had a piece of blade lodged in his neck as it had broken off.

The Defendant was arrested and charged with assault and battery, assault and battery with a dangerous weapon and armed assault with intent to murder.

Police said that while in court, he apparently did or said something to violate the terms of his release and so a warrant was issued.

The Defendant was initially denied the right to bail, but in September, Judge Tina S. Page granted bail at $10,000 cash or $100,000 personal surety and stipulated that the Defendant was to have no contact with either Commonwealth witness, namely, Slashed and his children’s mother.

Apparently, the Defendant had also had a relationship with the children’s mother.

Do I see the form of a potential love triangle forming?

Continue reading "Massachusetts Assault Defendant Held Without Bail For Disobeying Court Order " »

During his arraignment in West Roxbury District Court on Tuesday, former Boston firefighter Albert Arroyo pleaded not guilty to charges he violated a restraining order filed by his ex-girlfriend last month. Arroyo was arrested over the weekend after his ex-girlfriend accused him of driving by her residence, calling her multiple times, and hiding behind a door in her apartment building.

The woman has accused the former firefighter of aggressively stalking her for six years. In her affidavit, the 45-year old Jamaica Plain resident says that she keeps her curtains closed and her door locked because he keeps bothering her. She says that she has often felt scared to leave her home.

Arroyo, who filed a disability pension for work-related injuries, was fired from his job after he refused to go back to work. The former Boston firefighter joined a bodybuilding competition within weeks of filing a disability claim for the injuries he says he suffered during a slip accident on a staircase.

In Massachusetts, a domestic violence restraining order can be filed when one person—either a current or ex-spouse or partner, family member, or household member—accuses another person of emotional, physical, or verbal abuse.

Massachusetts Domestic Violence Statistics:

• In 2006, 28 victims died in domestic violence-related incidents.
• There were 24 incidents involving domestic violence-related murders.
• 28,760 protection orders were issued in 2005.
• Also in 2005, 4,375 adults were arraigned for alleged protection order violations.

While it is important to protect victims of domestic violence, there are many instances where a mild disagreement gets turned into a domestic violence dispute and someone is wrongly arrested for a crime he or she did not commit. Massachusetts law requires police officers to arrest anyone suspected of domestic violence and ultimately, the decision of whether to press criminal charges belongs to the prosecutor and not the alleged victim.

Bodybuilding firefighter Albert Arroyo pleads not guilty, Boston Herald, November 4, 2008

Disgraced firefighter accused of stalking, Boston Herald, November 4, 2008

Related Web Resources:

Abuse Prevention, General Laws of Massachusetts

Zero Tolerance for False Domestic Violence Allegations, DevalPatrick.com

Continue reading "Former Boston Firefighter Pleads Not Guilt to Charge He Violated Restraining Order" »

You know, sometimes, when it rains...it pours. It’s happened to all of us and, now, it is happening to a particular former Boston firefighter.

Albert A., 46, (hereinafter, the “Defendant”) had enough problems. First of all, he had lost his job as a firefighter after participating in a bodybuilding contest despite claiming he was permanently disabled. You see, he had applied for a disability pension, saying he slipped on a staircase March 21. Not too long thereafter, though, he was found to have participated in a bodybuilding contest.

Woops.

Now, his fall on the staircase is matched by his falling in love with someone who seems to have fallen out of love with him. The result? He now faces criminal charges that he has violated a restraining order.

According to his ex-love, the Defendant has stalked her with such ferocity for six years that she finally she took out a restraining order and was too petrified to leave her Jamaica Plain apartment. She claims that she keeps her doors locked and closes her curtains “because he looks up to my window when (he’s) not in my hallway,” she wrote in the affidavit.

“He constantly calls me at work, harassing, at home, my parents, my siblings and my children,” she wrote in an Oct. 28 affidavit. “He gets in my hallway and stands by my door for hours. He follows me everywhere, and for that reason I am in fear of leaving my house.” According to the affidavit, the Defendant has been harassing her for six years. Yet, on the application for the restraining order she lists herself as having a current or present dating or engagement relationship with him.

Continue reading "A Massachusetts Bodybuilding Ex-Boston Firefighter Faces Allegations Of Fraud And Breaking Restraining Orders" »

Unfortunately, domestic violence of varying kinds are all too prevalent in today’s society. As a criminal defense lawyer in Boston, I have seen very disturbing situations. I have written many times in this daily blog about how easy it is to get arrested and how sometimes all it takes is to anger the wrong person. I have handled many times where allegations of domestic abuse and attempts to get restraining orders are, in my opinion, simply a matter of strategy to gain the upper hand in a relationship gone bad. However, domestic violence does indeed occur and does have to be handled seriously.

A rather interesting love story unfolded this past week. On Wednesday, Denise F., 36, of Dartmouth (hereinafter, the “Defendant”) was arraigned in New Bedford District Court on charges that included armed assault to murder, assault and battery, and assault and battery with a dangerous weapon.

According to police, the Defendant’s live-in boyfriend returned home late from his birthday party late Tuesday night. This, apparently, was not acceptable.

Shortly thereafter, the police arrived pursuant to a call to 911. They found the boyfriend bleeding from his abdomen, having been stabbed. Inside the apartment, police found a bloody knife on a kitchen counter, court records said. Near the knife was a note.

The note, allegedly written by the Defendant, was an apology. It read, “I'm truly sorry for doing this to you, but I don't love you. I never did. OK."

The boyfriend, it would appear, took the apology to heart. He refused to go to the hospital and refused to try to get a restraining order against the Defendant. Perhaps he felt somewhat responsible. After all, he had apparently been warned. He told the police that the Defendant had threatened that she would stab him if he was not home by 10 p.m. from his birthday celebration, court records said. Clearly, he had missed the deadline.

Continue reading "Massachusetts’ Domestic Violence Case Involves Weapon And Confession" »

Here is a cautionary tale out of Lynn, Massachusetts, that could have ended much differently.

On Monday night, shortly after 10:00pm, Jackeline H., 26, of Haverhill, (hereinafter, the “Defendant”), earned the Commonwealth’s Bracelets of Shame after an alleged robbery.

According to the police, a certain unnamed gentleman (hereinafter, “Mr. Unnamed”) had just dropped off his girlfriend at her home and was now sitting in his car on Lewis Street, perhaps lost in thoughts of a lovely romantic evening, with a pile of cash just lying in the center console. $240 in cash to be exact.

Suddenly, according to the police, the Defendant suddenly appeared out of nowhere and jumped into the “Car o’ Cash”. She asked the driver if he wanted to buy a pair of sunglasses.

He answered “No”

At that point, the Defendant took the more direct approach and allegedly grabbed the money and jumped out of the car.

Mr. Unnamed, then, followed her down the street demanding his money back. This continued until the Defendant allegedly said she had a screw driver and, "Don't come any closer or I'll stab you," according to a police report.

Continue reading "North Of Boston, A Robbery Victim Gets Lucky" »

"Uncle Marky”, as he is known to Cape Cod children is in trouble again. He got shot by a Harwich police officer Monday night.

Court and police records describe Marcus M, whose last name has again been changed to “Defendant” as a violent and troubled soul. At the ripe old age of 29, he seems to have already displayed an impressive gift for criminal consistency.

Defendant is a Dennis-Yarmouth High School dropout and the father of one child. He is a Level 2 sex offender after his conviction in 1998 for raping a child, 13, with force, in a dugout at the youth league baseball field on Wixon Middle School grounds in Dennis in December of 1996. At the time, prosecutors said he already had a history of violence and was serving a suspended sentence for assault in Dennis.

He was 18 years old at the time.

In 2000, Defendant was placed on probation for two years for assault and battery on a police officer in Barnstable. In 2007, he was charged with two violations of a protective order. In August, charges were filed for his failure to register his address with Dennis police. During a routine check to verify sex offender addresses, police found that he had left a Dennisport apartment just before his eviction for owing $2,196 in back rent according to court records

On Monday, the police say that they were on their way to respond to a 911 call about Defendant. En route, a Harwich officer saw and pursued him on foot to a backyard near Willow and Belmont Streets The officer ordered him to stop and then shot him once in the hip after what police called "a confrontation." Harwich Police Lt. Thomas Gagnon said Defendant appeared to have a weapon and the officer shot in self-defense. Asked if that weapon had been a knife, as rumored, O'Keefe said the matter is under investigation.

Defendant was last reported as in stable condition at Cape Cod Hospital, according to David Reilly, a spokesman for Cape Cod Healthcare, and had been admitted to the hospital. When he is able to leave the hospital, he will face arraignment of a number of offenses related to the domestic disturbance, according to Cape and Islands District Attorney Michael O'Keefe. The still-unidentified Harwich police officer who shot him is on three days' administrative leave after a check-up at Cape Cod Hospital, as department policy requires, Harwich Police Chief William Mason said.

Meanwhile, Marcus M is being described by others somewhat differently from the above described walking crime wave. They seem to know him beyond his identity as “Defendant”. Several of his friends have come forward, albeit unnamed, to describe him as "harmless," "selfless," and "caring”, They even say he is responsible and trustworthy enough to baby-sit their young children on a regular basis. The kids know him as "Uncle Marky."

They claim he is a responsible father to his daughter off-Cape, and was constantly trying to better himself by working as a landscaper for many years and, in the meantime, working toward a college degree. "He'd do anything for anybody," said one close friend. "He's a good person. He's got a good heart. He's not greedy. Marcus baby-sat my kids. If he was crazy, I wouldn't have let him. Don't believe everything you hear."

"Marcus is a genuine person," said another close friend. "He would never hurt anyone intentionally. It's mind-boggling that this is happening right now."

In his Facebook profile, he said he lives in Dennis and works as a foreman at a Harwich landscaping company. He graduated in 1999 from Cape Cod Regional Technical School in Harwich, the profile says, and currently is studying criminal justice at Kaplan University, an online university.

SAM’S TAKE:

Perhaps Uncle Marky’s most recent foray with law enforcement was merely an independent study in connection with his criminal justice studies.

Sarcastic attempts at humor aside, we seem to have a contradictory picture of Defendant. After all, the picture of a violent sex offender who keeps fighting with police hardly matches the picture of Uncle Marky, neighborhood harmless babysitter who would “do anything for anybody”.

I have been a Boston criminal defense attorney since 1990. Before that, I worked as a prosecutor in the Big Apple. I have seen more than a few criminal defendants in my time.

The truth? They are all people. Like the rest of us, they are three dimensional people who have various different sides and react to circumstances before them. The accused are not an alien people who are “pre-destined” to always be in trouble. They were not born with a scarlet letter “D” (for “Defendant”) on their chests.

In other circumstances, they might be people you like. In others, they might actually be you.

So what’s my point?

This is not a plea to understand and sympathize with the “criminal element”. It is a plea for you to realize that anyone, even someone you love and consider “selfless” could find themselves under suspicion, or even guilty of, a crime. In fact, even you could find yourself in that position.

I am still amazed when clients tell me that they have nothing to worry about because they believe that they have not done anything wrong. I cannot tell you how many clients tell me, “You know, I am not really a criminal”, as we wait for the jury to return. The problem is that there is no neon sign above people’s heads indicating levels of guilt. Actions can be misinterpreted and I have yet to meet the person who’s history, recent or distant, cannot be said to contain guilt.

I realize that the story chosen to illustrate this point today is extreme. It seems to present a career violent criminal contrasted with his friends and neighbors ready to elect him as the next Mr. Rogers. However, I have handled many cases where the person least likely to be accused of a crime is knee deep in the trenches of the criminal justice system. I also believe that many of these people were guilty only of bad judgment or simply bad circumstances. Many were not guilty. But there they were. With me. Facing judgment which may or may not reflect the truth.

The fact is that everyone involved in the criminal justice system, from the judges and jury to the prosecutors and defense attorneys, and even to the police officers and defendants, are multi-dimensional human beings. They can all make mistakes of judgment…or misinterpret such mistakes. Understanding this is key to successfully interacting with the system. Understanding it of the judge, jury, police officer and prosecutor, and utilizing it to my client’s advantage, is my job. Your job is to realize that there is no invisible Teflon-coated bubble which insulates you from prosecution because you are a good person who tries to be law-abiding in all respects and believes nobody could ever presume you guilty.

Any of us can be at risk, at the very least, misinterpretation. Further, other realities of the system (such as prejudice, personal vendetta and the omnipresent need for people to cover their own backside) can encourage such misinterpretation.

This is why, if you suspect that you are under investigation, I strongly urge you to consult with an experienced defense attorney so that you can do your best to protect yourself from what will likely be a negative life-changing event. You can say that such a view is paranoia. But remember the old adage ….”just because you are paranoid does not mean that they are not out to get you”.

The full article of this story can be found at
http://www.capecodonline.com/apps/pbcs.dll/article?AID=/20081001/NEWS/810010326

In Middlesex Superior Court, the attorney for three plaintiffs that are accusing Massachusetts State Senator James Marzilli of sexual harassment has filed an action requesting a civil rights injunction. The injunction would operate like a restraining order and carry a penalty of up to 10 years in state prison if he is ever convicted of assaulting a woman once the injunction were issued.

Marzilli has been indicted of accosting a person of the opposite sex. He was arrested after he allegedly went up to several women on June 3 in Lowell and asked them for sex or tried to grab them. Police apprehended him following a pursuit on foot. The incidents occurred when he was in Lowell on official business.

Shortly after his arrest, Marzilli was hospitalized at McLean Hospital and diagnosed with bipolar disorder. He was indicted earlier this month on charges of annoying and accosting people of the opposite sex, indecent assault and battery, resisting arrest, and disorderly conduct.

In an unrelated incident in May, Middlesex County prosecutors said they would not file criminal charges against him following an investigation into charges filed by a woman accusing Marzilli of touching her inappropriately without her permission. Just this week, two other women came forward to file a sex abuse lawsuit against Marzilli. One woman is accusing him of lewd sexual conduct while another woman claims that she woke up in his guestroom to discover the senator on top of her.

Massachusetts Civil Rights Injunctions
The Massachusetts Civil Rights Act allows for an injunction to be issued for individuals that are the victims of intimidation, threats, or coercion because of their gender, race, religion, sexual orientation, country of origin, or disability. A person that violates a civil rights injunction can end up in jail. The penalty may require time in state prison if someone gets hurt.

Two more allegations, WickedLocal.com, July 15, 2008

Related Web Resources:
2 more woman allege harassment by Sen. James Marzilli, BostonHerald.com, July 16, 2008

Your Rights Under the Massachusetts Civil RIghts Act

Continue reading "Civil Rights Injunction Filed Against Massachusetts State Senator James Marzilli" »