Boston Criminal Lawyer Blog

A Middlesex Superior Court Grand Jury indicted Roger Lau and Thomas Heinz, both 26, on child rape charges yesterday. They are accused of raping the same girl.

Prosecutors say that both men assaulted a girl from the under-14 Medford girls soccer league that they were coaching. The alleged Massachusetts sexual assault crimes began taking place in 2003 and the last incident is said to have occurred during the summer of 2004.

The alleged victim, who was then 13 to 14 years of age, told police that she and Lau were sexually involved with each other for over a year. She claims that Heinz sexually assaulted her twice.

Lau was indicted on four counts of child rape by force and Heinz was indicted on one count of child rape by force. Both men have pleaded not guilty to the charges.

The two men were arrested last December. They are on pre-trial release and have been ordered not to have contact with children under age 16 unless these interactions are supervised. They also cannot coach or officiate any activities involving kids younger than 16.

Massachusetts Rape Charges
Allegations of rape are very serious—especially if the alleged victim is younger than 16. The state of Massachusetts does not consider an adult having sex with someone younger than 16 to ever be a consensual act and criminal charges can be filed against the adult. Punishments may be even more serious when violence or abuse is involved.

You have the right to an experienced Boston sex crimes lawyer who can defend you against all charges and protect your rights. Even if you are not guilty of committing any crime, your life can be irrevocably altered when you are accuse of rape.

Former Medford soccer coaches indicted on rape charges, Boston.com, February 5, 2010

Roger Lau, Thomas Heinz Accused Of Teen Soccer Child Rape, Huffington Post, December 22, 2009

Related Web Resource:
Massachusetts Law About Sex

Continue reading "Middlesex Superior Court Grand Jury Indicts Two Former Medford Soccer Coaches on Child Rape Charges " »

A 41-year-old man who has been on Lynn authorities' 10 Most Wanted List for allegedly trying to rape a 13-year-old girl a decade ago has pleaded not guilty to charges of indecent assault and battery on a child under age 14 and assault with intent to rape a child. Victor Cruz was apprehended in October 2009 for the 2000 Massachusetts sex crime. His arraignment was on Wednesday. His bail is $1 million.

Cruz is accused of trying to have sex with his live-in girlfriend’s daughter. The alleged victim was 13 at the time. The girl’s mother told him to leave their home following the allegations. He left the country and lived in the Dominican Republic for more than nine years.

However, federal authorities found him and made him return to the US last year so he could be charged with the alleged sex crime. Cruz’s Massachusetts criminal defense lawyer is disputing the girl’s account of what happened. He says there is no forensic evidence and the alleged victim’s accounts of what happened have not been consistent.

If convicted of indecent assault and battery, Cruz could be sentenced to up to 10 years in state prison. A conviction for the attempted rape assault charge could land him in prison for up to 20 years.

Assault with intent to rape a child
Under Massachusetts General Laws Chapter 265 Section 24, assault with intent to rape a child is a serious offense. The prosecutor must prove that the defendant committed an assault that made the alleged victim subject to battery regardless of whether or not the physical harm was actual or intentional.

Indecent assault and battery on a child under age 14
Under Massachusetts General Laws Chapter 265 Section 13B, the prosecution must prove beyond a reasonable doubt that the alleged victim was in fact under age 14, the defendant purposefully made actual physical contact with a victim’s private part(s), and the contact was indecent, offensive or harmful, and unjustified.

Bail set at $1M for Lynn 'Most Wanted' rape attempt suspect, TheDailyItemofLynn, January 14, 2010

Related Web Resources:
Massachusetts General Laws

Massachusetts Law about Sex

Continue reading "Lynn Suspect in 2000 Massachusetts Sex Crime Case Pleads Not Guilty to Attempted Rape of Minor Charge " »

Okay, here is the unfortunate truth of the matter – safeguarding Constitutional rights does not always bring happy results. Sometimes the cost is tragic. Most of the professionals involved in the criminal justice understand that. Massachusetts Kingston Police Chief Joseph Rebello is not one of those professionals apparently. I am guessing he is not a big fan of criminal defense attorneys either.

Nor is he likely to enjoy today’s blog.

The man at the heart of the story is Joseph G., a 26 year-old construction worker, of Kingston (hereinafter, the “Defendant”). He was arraigned last week on charges that he sexually assaulted a girlfriend’s 3-year-old daughter in Kingston. It was his second such charge. In fact, he had been charged this summer with raping another child.

The most recent matter came into being while the Defendant was free on bail.

Continue reading "On Massachusetts Probation, Child Rape Suspect Is Arrested For Second Sexual Assault While Out On Bail" »

Dear readers,

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

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

See you then.

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

Sam Goldberg

A jury has found Michael D. Holden, a former Greater New Bedford Regional Vocational-Technical High School teacher, not guilty of two counts of forcible rape of a child. The alleged victim, who is now 20-years-old, had accused Holden of driving her to a parking lot, and, while in his SUV, forcing her to have sex and perform oral sex on him in 2004.

In January 2005, the school fired Holden after 14 years of employment. He also coached the boys volleyball team.

Holden’s criminal defense lawyer had accused the alleged victim of making up the allegations because the former teacher failed her for school work, recommended that the school suspend her, and admonished her several times for not dressing appropriately and being disruptive during class.

Following the announcement of the jury verdict, Holden expressed relief that he was exonerated.

Forcible Rape of a Child
In Massachusetts, a conviction of forcible rape of a child can lead to a lifelong prison sentence. This is considered a serious sexual offense and a violent crime. If you are under investigation for this crime, it is important that you consult with a Boston criminal defense lawyer right away.

Even as a suspect in a Massachusetts rape case, your reputation, career, and personal life can be thrown into turmoil. It is important that you have a legal team that knows how to provide you with the best defense.

Former teacher not guilty in rape case, SouthCoastToday, December 15, 2009

Ex-Teacher Not Guilty Of Child Rape, The Boston Channel, December 15, 2009

Related Web Resource:
Massachusetts Law About Sex, Massachusetts Trial Court Law Libraries

Continue reading "Former New Bedford Teacher is Not Guilty of Child Rape, Says Massachusetts Jury" »

A couple has been arrested for allegedly owning and operating a prostitution parlor in Tyngsboro. Yuanchun Pi, 60, and Charles Stewart, 66, each face one count of maintaining a house of prostitution. Pi also is charged with one count of engaging in sexual conduct for a fee.

The couple owned and ran Tyngs Tarry Massage Therapy until it was shut down last week. The Massachusetts town of Tyngsborough issued the cease-and-desist order after an anonymous tipster notified police that “illegal” activities” were taking place in the building. Another woman, Yin Hang, was also arrested and charged with sexual conduct for a fee.

Hang, Pi, and Stewart are to be arraigned at Lowell District Court.

Online ads for the business offered massages for $70/hour and $50/half hour. Owners touted the massage salon as a “clean and relaxing” for clients to bring their “stress and pain.”

Engaging in Sexual Conduct for a Fee
In Massachusetts, even if any sexual conduct did not occur, a person can still be charged for sexual conduct for a fee if an offer or agreement was made. The defendant can be the person accused of offering the sexual favors in exchange for money or the one who allegedly agreed to pay for the sexual favors. Either way, it is important that a person charged with a Massachusetts sex crime speak with an experienced Boston criminal defense law firm that knows how to successfully represent clients charged with prostitution.

A person convicted of engaging in sexual conduct for a fee can be ordered to spend up to a year behind bars. If the defendant is convicted of agreeing to pay, offering to pay, or paying to have sexual conduct with a child under age 14, he or she may be sentenced to up to 10 years in prison.

Police say Tyngsboro massage shop sold sex; three face charges, Lowell Sun, December 3, 2009

2 Charged With Running House Of Prostitution, WMUR9, December 3, 2009

Related Web Resource:
Chapter 272: Section 53A. Engaging in sexual conduct for a fee; engaging in sexual conduct with child under age 14 for a fee; penalties, Massachusetts General Laws

Continue reading "Couple Accused of Running Massachusetts Prostitution Parlor" »

A former Westboro middle school gym teacher and girls basketball coach is facing up to 10 years in prison after pleading guilty to one Massachusetts possession of pornography criminal charge. Brian Rossi, 37, was arrested last February after images of kids taking part in sexually explicit activities were discovered in his home during a search. Rossi’s sentencing is scheduled for February.

Arresting officers say Rossi threatened to commit suicide. He was given a psychiatric evaluation at St. Vincent Hospital and then placed under home confinement, where he has been taking medication to treat his depression and anxiety. He is also undergoing therapy.

Rossi’s Massachusetts criminal defense lawyer has asked the judge to let Rossi stay confined at home until he is sentenced so he can continue getting treatment. Rossi has admitted to owning the child pornography videos but there are no allegations or evidence that he ever touched anyone inappropriately. According to his psychological evaluation, the former teacher is not likely to reoffend.

Child Pornography
Child pornography is considered a violent crime and state and federal sentencing guidelines exist for distribution or possession of child pornography. Merely having child pornography in your possession can throw you in prison and require you to to register as a sex offender when you get out of prison. This can negatively affect your professional opportunities and personal and social relationships and alter the course of your life.

Under the General Laws of Massachusetts, Chapter 272: Section 29C, possession of child pornography consists of knowingly buying or having in your possession visual material showing a person under 18 engaged in sexual conduct.

Teacher guilty in child porn, Telegram, December 5, 2009

Ex-Mass. school gym teacher guilty of child porn, Boston Herald, December 5, 2009

Related Web Resources:
Chapter 272: Section 29C. Knowing purchase or possession of visual material of child depicted in sexual conduct; punishment, The General Laws of Massachusetts

What is Child Pornography?, Missing Kids

Continue reading "Ex-Westboro Teacher and Coach Pleads Guilty to Massachusetts Possession of Child Pornography Charge" »

Dr. John Mark Felton, a vice president of Acambis Inc., a Cambridge vaccine development company, is scheduled to be arraigned today. He is accused of traveling to Alaska to take part in a child sex ring.

Felton is accused of intending to have sex with a 6–year-old boy in a tryst that had been arranged by the minor’s father. Felton allegedly planned on dressing the boy in a Spider-Man costume. He also is accused of purchasing Hannah Montana toys for the 6-year-old’s 7-year-old sister and offering to babysit the children in between “sexual assaults.”

The Back Bay physician was arrested on November 16 in Anchorage at Ted Stevens International Airport. Felton is said to have informed police that he brought costumes for the boy.

Felton allegedly was supposed to meet “Bob” and his kids at the airport baggage carousel. Instead, he was greeted by ICE Senior Special Agent Kevin Laws.

The sexual crimes case against Felton is supposedly based on pages of online conversations that began in February 2008. On Wednesday, a federal grand charged the British national with attempted aggravated sex abuse. His arraignment was scheduled for this past Monday.

Arrest for any kind of sex crime is serious—especially if the alleged victim or intended one is under 14 years of age. Some sex crime convictions can lead to life in prison. Conviction for a Massachusetts sex crime also results in one’s name being placed on a list of registered sex offenders. This can seriously limit a person's professional and personal opportunities even if he/she has already served time for a crime.

Massachusetts sexual crimes involving child victims include:
• Child sex abuse
• Forcible rape of a child
• Indecent assault on a child under age 14
• Sexual assault
• Assault with intent to rape a child
• Child pornography-related charges
• Solicitation of a minor using the Internet
• Statutory rape (the alleged victim is younger than 16)

Back Bay doc held in kid sex case, Boston Herald, November 23, 2009

elated Web Resource:
General Laws of Massachusetts

Continue reading "Boston Doctor Held in Child Sex Ring Case" »

Chris W., a 22-year-old Hanson man (hereinafter referred to as the “Defendant”) spent some time in court this week and undoubtedly got to meet a nice new criminal defense attorney.

The visit was occasioned by some pretty serious felony charges.

You see, apparently the Defendant and a young lady (hereinafter, the “Complainant”) went to Boston Saturday night. They went back to Hanson later and that is where the trouble is said to have started.

Apparently, the Complainant and the Defendant had an argument in her Hanson home. The women told police that the Defendant then went into her basement bedroom and forced himself on her, putting his hand on her mouth to muffle any screams. He then grabbed a plastic bag and put it over her head and lifted her up. As she tried to flee, he then is said to have thrown her to the floor and, banging her head against a wall and dresser, said, "You're lucky to be alive, and I should kill you."

Continue reading "A Night Out In Boston Results In Charges Of Rape, Attempted Murder And The Need For A Lawyer" »

Wanda Eileen Barzee, the woman charged with kidnapping teenager Elizabeth Smart in 2002, has pleaded guilty to federal charges of unlawful transportation of a minor and kidnapping. The 64-year-old says she will plead guilty to state charges of conspiracy to commit aggravated kidnapping.

At her court hearing on Tuesday, Barzee issued an apology to Smart for the role she played in the teenager’s abduction. As part of Barzee’s plea agreement, she will help prosecutors with their federal and state criminal cases against Brian David Mitchell, who is her husband.

Now that she has pleaded guilty, Barzee is expected to serve 15 years in federal prison. Her formal sentencing has not yet taken place. If Barzee had been convicted, she might have been sentenced to life in prison.

Mitchell and Barzee are accused of kidnapping Smart, then age 14, from her home. Barzee has admitted that she encouraged her husband to abduct the young girl and that they planned the kidnapping together.

In her plea agreement, Barzee says that she helped her husband control, confine, sexually assault, and transport Smart out of state and back. Smart was found with the couple nine months after her abduction.

Barzee, who was been staying at a Utah State Hospital, was recently declared competent to stand trial following years of being forced to take psychotropic drugs while at the mental hospital. Her husband’s competency hearing is scheduled to continue on November 30. His defense attorney says that he is incompetent and cannot defend himself during a criminal trial.

Kidnapper apologizes to Elizabeth Smart, will cooperate, CNN.com, November 18, 2009

Captor of Elizabeth Smart to serve 15 years, Los Angeles Times, November 18, 2009

Related Web Resources:
Read the Plea Agreement (PDF)

Timeline of Smart Case

Continue reading "Woman Charged with Kidnapping Elizabeth Smart Pleads Guilty and Says Sorry" »

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

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

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

Finally it was 6:55pm – ShowTime.

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

Six family members have been arrested in connection with a child sex abuse investigation involving at least six alleged victims. The men who were arrested are Mohler brothers Burrell Edward, 53, David, 52, Jared Leroy, 48, and Roland Neil, 47, their 77-year-old father Burrell Edward Mohler, Sr., and his 72-year-old brother Darrel. Criminal charges against them include deviate sexual assault, rape, and use of a child in sexual performance. More charges are expected.

The Mohlers are accused of sexually abusing six of their relatives when the alleged victims were minors. Now adults, the people who have come forward are accusing the men of rape, forced abortions, mock weddings, and sexual performances.

Darrel Mohler, who has been charged with two counts of rape of a child under 14, says he knew “what was going on in Missouri” and had not been there since the ‘80s. He is accused of raping two relatives, age 6 and 5, during a sleepover. According to prosecutors, after the alleged incident, Burrell Mohler Sr. told the crying girls to be careful that the waterbed didn’t burst and drown them.

Another man, Mark Young, says his son is also a sex abuse victim. Young’s ex-wife married Burrell Edward Mohler Jr. Young says his son was 7 at the time of the alleged child sex abuse.

The alleged assaults are said to have occurred between the mid ‘80’s and at least through the mid 90’s. Police are looking for at least one body.

Burrell Mohler Sr., Jared Mohler, and David Mohler are lay ministers with the Community of Christ Church, which has since suspended their priesthood licenses.

Another man, Mohler family associate Larry Kidd, was arrested but later released. At this time he has not been charged and is working with investigators.

Police arrest sixth member of family accused of child sex abuse, CNN, November 14, 2009

Sixth Man Charged in Mohler Child Sex Case, Fox4kc.com, November 13, 2009

Father, 4 sons in court on sex charges, UPI, November 12, 2009

Related Web Resources:
Massachusetts Laws About Sex

Sex Offenders, Mass.gov

Continue reading "Sixth Family Members Arrested for Child Sex Abuse" »

Citing a lack of evidence, the Suffolk District Attorney's office says it will not file Massachusetts rape charges against a male Boston police officer accused of sexually assaulting a fellow cop. The announcement comes after prosecutors and detectives conducted a probe into the allegations by the female officer, who says that the male cop sexually assaulted her numerous times in August and September.

Boston Police detectives examined phone records, text messages, hotel records, and other documents, as well as interviewed over two dozen people. The female officer’s husband says that he and his wife plan to keep pursuing the case. They say the sexual assaults took place in several jurisdictions, including Boston.

The female officer says that the male cop forced her to have sex on several occasions and she became pregnant. She says that she had sex with him when he demanded it because she was scared of him.

The male cop has always maintained his innocence.

Massachusetts Rape
Rape allegations are very serious accusations against someone and the punishment for committing this type of sexual assault can be very serious. Not everyone accused of rape is guilty of the crime it is important that a suspect obtain the best representation possible to ensure the best defense against these charges.

Prosecutors will not pursue rape case against Boston police officer, Boston.com, November 2, 2009

Boston Cop Denies Raping Fellow Officer, WBZ, October 5, 2009

Text Messages Raise Questions About Cop's Rape Claim, The Boston Channel, October 3, 2009

Related Web Resources:
Police Department: City of Boston

Suffolk District Attorney's Office

Continue reading "Suffolk District Attorney Says Not Enough Evidence to Pursue Massachusetts Rape Case Against Boston Cop Accused of Assaulting Female Police Officer" »

Authorities are charging 14-year-old Raul Renato Castro as an adult in the murder of Alex Christopher Mercato. The 4-year-old disappeared on Friday afternoon while playing outside his home.

Police found Mercato’s body the next day. It was stuffed inside a clothes dryer in the house next door. Autopsy results indicate that he drowned.

Castro was the only one at his home on Friday. Prosecutors have charged him with special circumstances, including the sexual crime involving sodomy, kidnapping, murder during a child molestation, and murder of a witness to prevent testimony.

Castro’s mother, Elsa, says her son is a good boy who has never been in trouble. If convicted, Castro could end up serving 47-years-to life in prison. California law does not allow a youth offender to face life in prison without parole or the death penalty.

In court, today, an affidavit was released stating that the junior high school student has admitted to luring the 4-year-old into his home, sodomizing him, and drowning him in the bathtub after the victim threatened to tell his mother.

Castro’s arraignment, scheduled for yesterday, was rescheduled for Tuesday.

Getting arrested and charged with a crime is life changing for anyone. The best decision that you can make for your child is to contact an experienced Boston juvenile crimes lawyer right away.

Kids make mistakes. They can also be wrongly accused of crimes they did not commit. When a crime is committed, there may be reasons for the juvenile's actions that must be brought to light in order to ensure a fair trail. There may be evidence that is inadmissible. There may be reasons why certain charges should be thrown out or reduced.

Affidavit: Teen says he killed boy found in dryer, AP/Google, November 4, 2009

Boy, 14, charged as adult in clothes-dryer murder of 4-year-old, CNN, November 3, 2009

Related Web Resources:
Assessing Juveniles Who Commit Murder, Psychiatric Times, May 1, 2005

Juveniles, The International Justice Project

Continue reading "14-Year-Old Charged with Murder of 4-Year-Old Found in Clothes Dryer" »

As I write this year’s Halloween Attorney Sam's Take, I know that goblins, vampires and politicians are roaming around outside circling the streets of Salem, Boston and environs. Of course, as I've noted several times, that is not terribly new; it has been going on since October 1st! I had thought of dressing up in costume tonight to scare people as well. Then, I realized that it would be redundant…I’m a lawyer. People already avoid us like the plague.

Last year, I wrote a Halloween blog about the question of witch hunts. We entertained the question of whether or not they were really a thing of the past. We came to the conclusion that they were not. Only the names and faces of the targets have changed.

I don't see any reason to believe that this has changed much over the year. I do think, however, that we have been provided with a good example of how today’s “witches” can finally redeem themselves.

As I was growing up, and then again later when I was in law school, the late Michael Jackson was a beloved superstar. His talents, whether with his brothers or without them, were many and his following was enormous. There have been many public figures in our history who caught our hearts, became beloved and then, finally, were reviled. Granted, Michael seemed to lead the charge in his own publicity downfall. But he did follow the same familiar path. After ensuring himself legendary status, releasing the albums Thriller and Bad, his behavior seemed to become more and more…unusual. As he continued to release masterpieces we heard tales of bidding on the remains of the Elephant Man, sleeping in an oxygen tank and bleaching his skin. Then there was Neverland, kids and sleep-overs. Soon enough, there were blackmail threats and, finally, the criminal prosecution for sex crimes against children. Those of us who were not convinced of his guilt had to admit that simply labeling Michael as “strange” was like calling Hell "tepid"

Continue reading "Attorney Sam’s Halloween Take: Tales Of Sex Crimes, Death And Salvation" »

Four teens were arraigned yesterday in connection with the alleged gang rape of a 15-year-old girl on her high school campus:

• Cody Ray Smith, 15, pleaded not guilty to rape by force and rape with a foreign object.

• Ari Abdallah Morales, 16, did not enter a plea.

• Marcelles James Peter, 17, did not enter a plea.

• Manuel Ortega, 19, did not enter a plea.

The four teenagers are charged as adults. Another person, an adult, has also been arrested. His arraignment will take place on another day.

Smith, Peter, and Morales wore bulletproof vests at the hearing. The four teenagers are accused of participating in a 2 ½ hour gang rape of the victim on Saturday outside a Richmond, California high school.

Police claim that up to 10 people sexually assaulted the young girl, while 10 other people watched. None of them contacted 911. According to a 1999 state law, not reporting a crime that one has witnessed is only illegal if the victim is younger than 15. This means that police do not have the authority to arrest the people who were watching the assailants who raped the girl.

The victim, who was in critical condition following the assault, was released from the hospital yesterday. Police found her under a bench and unconscious after they responded to a 911 call from someone who heard people who were allegedly at the rape scene talking about what they’d witnessed.

Massachusetts Rape Crimes
Allegations of rape are very serious—especially when there are multiple parties involved. It is important that you retain the services of an experienced Boston criminal defense lawyer who can look through all the evidence and provide you with the best defense possible.

Police have been known to arrest the wrong person or get their facts wrong. Evidence may have been tampered with or a suspect’s rights may have been violated during the arrest.

4 arraigned in California gang rape case, CNN, October 29, 2009

No one called cops during gang rape, but some took pictures, ABC, October 27, 2009

Related Web Resources:
Massachusetts Law About Rape and Sexual Assault, Massachusetts Trial Court Law Libraries

Juvenile Crimes in Massachusetts (PDF)

Continue reading "Four Teenagers Arraigned in Alleged Gang Rape of 15-Year-Old Girl" »

At his arraignment last week in Falmouth District Court, Bourne Deputy Fire Chief Paul Weeks pleaded not guilty to one charge of oral rape and two charges of rape. Court documents indicate that the alleged rape occurred on October 20 and that Weeks was under the influence of alcohol at the time.

The Bourne deputy fire chief was released on his own recognizance after the hearing. Weeks’s criminal defense lawyer told the Cape Cod Times that his client is innocent.

In another Bourne rape case, Plymouth resident Stephen Clifford pleaded guilty to raping a North Sagamore woman last year. The woman was sexually assaulted and bound with duck tape. Clifford is sentenced to 9 – 12 years in prison.

Massachusetts rape charges can be hard to beat without the help of an experienced Boston criminal defense lawyer representing you. There may be evidence in your favor that hasn’t been looked at or the suspect’s side of the story may have gotten lost in the shuffle during the police investigation. Police may even have arrested the wrong person. A good Massachusetts criminal defense law firm can make sure that you get the best defense possible so that you obtain the best outcome for your case.

On Friday, David Flavell, a registered Level 3 sex offender, was charged with sexual assault. The victim is a 27-year-old hospital worker. Flavell allegedly assaulted her in the bathroom located in Massachusetts General Hospital’s lobby.

Flavell, however, says he had been drinking at the time and does not remember the crime happening. He was arraigned in Boston on charges of Massachusetts assault and battery by means of a dangerous weapon and assault with intent to rape.

Plymouth man admits to Bourne rape, Cape Cod Times, October 26, 2009

Bourne deputy fire chief in charged with rape, Boston Herald, October 22, 2009

Related Web Resources:
Massachusetts Law about Rape and Sexual Assault

Sex Offender Registry Board, Commonwealth of Massachusetts

In the north of Boston city of Salem, this is considered a very scary month. All kinds of horrors are building up toward the holiday of Halloween. There are goblins, vampires, ghosts and the like. It is not all fun and games, though. Police must be ever-watchful for the true monsters that plague many cities and prey on its residents. Fortunately, the police department in Salem are always up to the task. The threat to civilization about which I speak, of course, is the prostitute. And now, the good folks of Salem, famous for its past witchtrials, can sleep alittle more soundly now that one woman's operation has been closed down and her liberty put into the hands of a criminal defense attorney.

Lisa A., 46, of Salem (hereinafter, the “Defendant”) is that alleged scurge.

You see, the Defendant was arrested following a sting by Salem police. By brilliantly cruising the internet, they found the Defendant’s website which contained photos in various poses and offered customers "the complete girlfriend experience," with packages that cost up to $3,000 for a weekend. She was also, according to police and the Web site, offering a "recession special," knocking $100 off her regular $300-an-hour rate.

Ever mindful of their duty to keep the city streets safe, if not save money for the Commonwealth, they took action.

Continue reading "North of Boston Prostitute Faces Felony Charges And Years In Prison" »

As you might assume, I hear many complaints about the criminal justice system while fighting for clients'rights and freedom in the Boston area. Many feel they are being investigated or charged unfairly by prosecuting attorneys. Some feel like the system is too slow. Others feel the unfairness of what I have referred to as the “assumption of guilt” while they are presumed to be innocent.

I have ready answers for most of these complaints. I might not like them any more than my clients do, but I have the answers.

There is one criminal justice issue, however, to which there is no ready answer. It is the issue of unequal justice.

Let me give you an example. Backagain Barney has a long criminal record. He has been in and out of jail and probation for most of his adult life. Now, he is gracing the Boston Municipal Court with a new assault and battery charge. They say he got into a fight at the Boston Common with a stranger. He won the fight as well as overnight Commonwealth housing.

Just as Barney is facing the court at arraignment, Nick Nevershouldaproposed is facing arraignment in Lynn District Court. He, too, is charged with assault and battery. His case, however, involves his wife. He is accused of slapping her during an argument and threatening, in mid argument, “You make me so mad, I could kill you”. It is his second criminal matter. His first, about nine years ago, was for drunk driving.

Who do you think is the most likely to be released pending trial?

Continue reading "Attorney Sam’s Take: Under Arrest In Boston - Are You Likely To Make Bail?" »

Renowned film director Roman Polanski says he intends to fight efforts to extradite him to the United States on charges that he had sex with a minor in 1977. The 76-year-old filmmaker was apprehended in Switzerland last Saturday where he had arrived to accept a lifetime achievement award that the Zurich Film Festival was going to bestow upon him.

Polanski has been living in exile from the US since he left the country rather than be sentenced for pleading guilty to unlawful sex with a minor. Samantha Geimer, then 13, had accused the director of giving her champagne and a portion of a Quaalude pill before raping her. Although initially indicted on six felony counts, the other charges (which could have resulted in a lifetime prison sentence) were dropped after he entered his guilty plea.

Polanski served 42 days in prison and underwent an evaluation. Despite agreeing on a sentence, allegations have been made that the judge tried to go back on the plea agreement. Polanski then fled the country.

Geimer, now 45, has publicly forgiven Polanski. Earlier this year, Geimer submitted a a formal request to prosecutors that they drop the charges against the filmmaker. She and her family don't want to keep reliving the assault every time the media reports on the incident.

While France does not extradite its citizens, Switzerland does not provide such protections from international warrants. This was not, however, Polanski’s first visit to Switzerland. He owns a ski residence in Gstaad. California authorities reportedly have been engineering the filmmaker’s arrest ever since discovering he was going to the festival.

French Foreign Minister Bernard Kouchner is asking that Polanski be granted bail. Swiss authorities say that as long as Polanski agrees to stay in the country, he could be released on bail. France and Poland are in an uproar over Polanski’s arrest.

Roman Polanski's victim Samantha Geimer, now 45, 'got over it long ago,' New York Daily News, September 28, 2009

Polanski's Attorney Says He Will Fight Extradition to U.S., Washington Post, September 28, 2009

Related Web Resources:
Roman Polanski, IMDB

Polanski's arrest could be his path to freedom, AP, September 27, 2009

Continue reading "Roman Polanski Says He Will Fight US Extradition for Sex with a Minor Charge" »