Boston Criminal Lawyer Blog

Twenty-four-year-old Ryan A. Perez was indicted by a grand jury today on several charges stemming from allegations that he filmed nude women in the women’s locker room at the Somerville YMCA. Perez has been charged with wiretapping, possession of child pornography (found on his phone after police were authorized to search it), and “photographing an unsuspecting nude person,” according to media reports.

As earlier news reports indicated, Perez was allegedly caught videotaping a woman from underneath a bathroom stall—using a cell phone—on the morning of November 1, 2011at the Somerville YMCA. An investigation of his phone revealed several videos made during a short period of time that day, as well as child pornography. The case is being led by Middlesex District Attorney Gerard Leone. Perez was indicted in Middlesex District Court.

Massachusetts courts take charges of sex crimes incredibly seriously. Conviction can result not only in harsh penalties, including imprisonment, but also lifelong stigma, a tarnished reputation, and consequent difficulty finding future employment and educational opportunities. Moreover, convicted sex offenders are also required to register with the Massachusetts Sex Offender Registry Board.

Charges of “Peeping Toms” are not all that uncommon in Massachusetts, with multiple reports and arrests made in the Boston area over the last several years. The seriousness of Peeping Toms charges has risen dramatically with YouTube, blogs, and other means of distributing videos and photos globally. To reduce the risk of occurrences like the more recent incident at the Somerville YMCA, many gyms today forbid the use of any cell phones in locker rooms. Of course, such rules are useless in situations where unauthorized persons enter a locker room. Perez will need to mount an incredibly strong defense if he has any hope of dismissing or mitigating the charges against him.

Somerville man indicted on videotaping women at YMCA, Boston.com, February 7, 2012

Peeping Tom video lands two students in district court, Boston.com, June 12, 2008

For the second time in two weeks, residents of Newton, have been treated to the news of a teacher being charged with possession of child pornography.

This time, it is Peter Buchanan (hereinafter, the “Defendant”), 47, a 10-year city employee who most recently worked in the Newton Public Library’s audio visual section. The State Police say that the Defendant downloaded and shared the material. The Defendant has pleaded not guilty to three counts of possession of child pornography and two counts of distribution of material depicting a child in a sexual act.

Yes, well, we know how seriously we all consider that...!

Anyway, the fact scenario in this case is a bit more commonplace than the one a week or so ago. In that one, David Ettlinger, a well-respected and much loved second grade teacher at the Underwood Elementary School was charged with actually sexually assaulting a girl and filming it. This would be, among other things, actually creating the child pornography. In fact, investigators in that case claim that he posted his works to an international website that trafficked in child pornography .

Usually, as in the case with the Defendant, the charges are simply possessing and more remotely distributing. Not that the allegations are generally treated less seriously.

The community, of course, is in a uproar and seeking who else can be blamed other than the two alleged perpetrators.

Criminal investigators have said the two cases are unrelated, but the cases have sparked a round of soul-searching among city officials and residents and drawn pointed questions from parents about what more public institutions can do to protect their children. While the mayor and school superintendent have pledged to review screening procedures, other officials are shrugging their collective shoulders admitting that both accused gentlemen had successfully passed background checks and the usual “vetting”.

Of course, something is clearly wrong here. As it turns out, at least according to the Commonwealth, beloved Mr. Ettlinger was living a dual identity. He was also known as “ee1”...an internet identity who allegedly advertised graphic videos on the Dreamboard Website.

But, as Susan Brown, a family therapist who’s daughter had him as a teacher, points out, “There was never an inclination of it [activities outside of school on which he took students] being weird”. She also explains that people gravitated toward him because he always seemed happy. “If he was older and looked different and wasn’t handsome and wasn’t friendly,’’ she added, “people would be reacting differently.’’

Attorney Sam’s Take On Easy Answers That Put Us All At Risk

It is not unusual to read this Boston criminal lawyer telling you that the “quick and easy” answers that are often so politically expedient seldom solve criminal justice problems.

In fact, as I keep spouting, they generallt make them worse.

Continue reading "ANOTHER NEWTON TEACHER IS CHARGED WITH CHILD PORNOGRAPHY (Part One)" »

As a Boston criminal defense attorney, I have to tell you that there seem to be more and more of these cases. Folks in fairly responsible positions are finding themselves charged with the Massachusetts possession of child pornography.

This time, the gentleman hereinafter referred to as the “Defendant” is Jared Surette. The twenty-six year old former manager of a Lynn ice rink today pleaded not guilty to the charges in Lynn District Court.

The Defendant was arrested by members of the Massachusetts State Police Internet Crimes Against Children task force and charged with distributing material of a child in a sexual act and with possession of child pornography, according to Essex District Attorney Jonathan Blodgett's office.

The Defendant was released on $1,000 cash bail after pleading not guilty. He is due back in court on July 11. In addition to the cash bail, he is not allowed to have unsupervised contact with children under the age of 18 and cannot use a computer or the Internet.

Continue reading "Lynn Man Is Needs Experienced MA Criminal Defense Attorney On Child Pornography Charges" »

Over the past year, Massachusetts motor vehicle laws have changed a bit. For example, we now have a law against texting while driving.

Apparently, our neighbor to the south, Rhode Island, would like to take anti-text laws a step further. In fact, the legislatvie battle is on to create a new juvenile offense.

Why?

It is the South Hadley to Boston bullying frenzy all over again.

Last night, I was on Fox25 interviewed on this subject and, once again, the subject touched upon the typical legislative/prosecutorial dance…only this time in Rhode Island, not Massachusetts.

As you know, as our technology has grown, so have the ways it can be misused. When we invented the telephone, for example, we provided the opportunity for crank calls and obscene calls. Now, as it has become even easier to communicate at will, via phones that text, email and soon lord-only-knows-what-else, we present the opportunity for “sexting”.

It is important to note that sexting can be done via text…or photographs.

As you would imagine, sending child pornography over texts, as it is in email and regular mail, is illegal. Heck, just possessing it is illegal.

It is also independantly illegal to send such material to kids.

Of course, kids do not always understand the ramifications and adults are not always so great in warning them about it.

Similar to bullying.

Continue reading "MA Bullying And RI Cyber-crime Laws…Two Peas In a Prosecutorial Pod" »

While it is true that the duties of a good coach exist both on the field and off, North Andover 60-year-old high school wrestling coach David Castricone (hereinafter, the “Defendant”) has learned that they do not extend to the locker room.

The locker room of the opposite sex, at least.

That’s how suspicion apparently began in the Defendant’s case. He has been One of the most successful high school wrestling coaches in Massachusetts. The only thing is, there were questions about him. For example, why was he constantly being found in the girl’s locker room?

Police say that information was received last week that prompted a search of the Defendant’s home. According to court documents, the Defendant "got nervous" as police searched his attic. He then told his daughter to leave the kitchen.

Continue reading "North Andover Coach Is Arrested For Child Pornography And May Be Defeated By Search And Seizure Trap – Attorney Sam’s Take" »

Boston police got a 2-for-1 bargain earlier this week in the area of drunk driving.

They stopped an automobile near Columbia Road and Holden Street in Roxbury. It was initially stopped, according to law enforcement, because it had not stopped at a red light.

As part of normal practice, the driver was asked to produce his license and registration

Guess what?

Whoops! The driver’s license had been revoked. Whoops again...the driver had an outstanding warrant for his arrest due to a pending drunk driving charge.

So, the driver was about to become a guest of the Commonwealth. He asked the officers if his passenger could drive the vehicle home so that it would not have to be impounded.

Whoops a third time!

Upon checking the passenger out, it was discovered that she, too, had a drunk driving warrant out for her arrest.

Continue reading "Arrested In Boston For Drunk Driving With A Little Warrant In Between- Attorney Sam’s Take " »

Anthony Gabriella, a 20-year-old Malden man, has been indicted by a Middlesex Grand Jury on charges of disseminating child pornography and two counts of possession of child pornography. He will be arraigned on December 13 in Middlesex Superior Court.

The Massachusetts Crimes Against Children Task force conducted an investigation in June into file-sharing programs for child pornography. The investigators, who included State Police detectives, connected to a host computer suspected of sharing child pornography files and obtained 200 files of what was apparently child pornography. A search warrant was executed at Gabriella’s home in July, during which a lap top and two thumb drives were seized from his bedroom. According to a statement from the DA’s office, police previewed the computer on the scene and found about 250 videos and images of child pornography. Gabriella was arrested at his home and arraigned on July 22 for charges of possession with intent to disseminate child pornography. He was released on bail with conditions that he refrain from using computers and the Internet, stop working at his lifeguard job and not have unsupervised contact with children.

Child pornography is the exception to the general rule that persons are free to possess obscene materials in the privacy of their home. Dissemination of child pornography carries a mandatory minimum 10-year prison sentence and could reach up to 20 years. Possession of child pornography carries a sentence of up to 5 years in state prison.

One of the elements of the dissemination charge is intent to disseminate the material. Without knowing more details of this case, this could be difficult for a prosecutor to prove in this instance because it involved a file-sharing. It’s not uncommon for file-sharing to be unintentional. For example, if you don’t choose a file-sharing password on Windows, you can unconsciously make your files accessible on the Internet and your hard-drive can become open to anyone who figures out your IP address. Depending on additional information, this is one possible argument that a criminal defense lawyer may make to combat this charge.

Source: The Boston Globe, Malden man indicted on child pornography charges

Continue reading "Malden Man Faces Child Pornography Charges" »

Lawrence Follett, a 46-year-old of Billerica and former Boxborough elementary school teacher, pleaded guilty in federal court to child pornography possession charges and is scheduled to be sentenced on March 8. Prosecutors say they’ll recommend that Follett serve 2 years and 3 months in federal prison and 10 years of probation after his release.

Federal investigators executed a search warrant on Follett’s home in 2008 based on tips from Swiss authorities. In August of that year, Interpol had started an investigation into child pornography and obtained user addresses that had been accessing a child pornography site. One address allegedly downloaded 101 pornographic videos depicting young boys for $500. ICE Cyber Crimes Unit allegedly traced it to Follett’s Billerica address. Investigators allegedly found more than 200 movies and images of child pornography on a computer and thumb drive in the home.

Federal child pornography possession charges carry a maximum sentence of 20 years. If Follett had been charged under Massachusetts General Laws Chapter 272 Section 29C, his maximum possible sentence would have been 5 years in state prison.

As is alleged in Follett’s case, most child pornography possession cases involve the Internet or some other electronic communication, which gives rise to federal jurisdiction because it crosses state lines. The federal government is adding and assigning an increasing amount of U.S. Attorneys and FBI agents to investigate and prosecute child pornography crimes. If you think that you are being investigated for any crime, it is important to speak with an attorney.

Sources:

The Lowell Sun, Billerica man, a former teacher, pleads guilty to Internet child porn

The Boston Globe, Former Mass. teacher pleads to child porn charges

Continue reading "Billerica Man, a Former Teacher, Pleads Guilty to Federal Child Porn Charges " »

As winter weather, and Christmas movies, re-enter our lives this year, we are revisited today by a ghost of winters’ past. Yesterday, a “Not Guilty” plea was entered in court on behalf of Gerald H., 47, of Roslindale (hereinafter, the “Defendant”) as his attorney stood beside him. The Defendant was recently paroled from a 18-20 years in involuntary Commonwealth housing. Now, he stands accused of, among other things, armed robbery.

The Defendant was convicted of two homicides during the Blizzard of ’78. The weapons of choice then was apparently both knives and guns. He was convicted of manslaughter for one such stabbing occurring in 1977. The other homicide conviction was for second –degree murder. The crime involved the shooting of a man during an attempted robbery by three youths, one of which being the Defendant. He had been out on bail from the stabbing at the time.

On September 3rd, the Defendant was released from the Boston Pre-Release Center in Roslindale. As of yesterday, his is being held on one million dollars bail and a parole detainer. He is charged with the robbery of more than $21,000 from and the pistol-whipping of a city cab dispatcher.

Law enforcement claims that an officer on a paid detail saw the Defendant hailing another cab, caught up with the cab and arrested the Defendant at gunpoint. Recovered were two shopping bags full of money, a .38 caliber firearm.

Continue reading "Boston Murder Parolee Is Arrested For Robbery And Assault With A Gun" »