Boston Criminal Lawyer Blog

Now, given my sardonic view on things, it would not surprise you to check out this once-again daily blog one day to find me describing a scene wherein somebody was speeding down the road and, having run down an innocent pedestrian, got out of his car and started pulling on the semi-flattened gentleman, begging him to get up.

Perhaps, I might even compare the driver in such a situation to a child who, after having committed some damage, asks for a “Do-over”.

Of course, you would expect that, by the time the blog was over, you would have heard about the driver being arrested for a myriad of charges, not to mention some kind of vehicular homicide.

Well, guess what?

Such an occurrence actually happened last week...with one twist.

The driver was a police officer.

Continue reading "A Boston Criminal Attorney Wonders If A Police Cruiser Hitting And Killing In A Pedestrian With An SUV Is Vehicular Homicide" »

Homicide can occur during the most unlikely of events. As a Boston criminal defense attorney, not to mention a Brooklyn prosecutor, I have seen my fill of events in which people acted in ways that they admittedly should not have and were left with totally unexpected results.

Deadly results.

Here is a tragic example from this past weekend.

Hector G. of South Boston (hereinafter, the “Defendant”) was in Lansdowne Pub on Lansdowne Street near Fenway Park. At the same time, Mike D., 23 from New York (hereinafter, the “Deceased”) was up from the Big Apple and visiting with some old college friends.

According to investigating officers, the Defendant became angry with a member of the Deceased’s group because of a brief “run in”.

And so it was that the Defendant did something stupid. He threw a beer mug at the Deceased’s table.

Continue reading "South Boston Man Faces Homicide Charges After Throwing Beer Mug; Needs Experienced Lawyer" »

Hey, the weather this weekend is supposed to be really nice. Are you looking for a fun activity for a summer’s evening here in Boston? Well, might the Boston Criminal Lawyer Blog suggest an evening at the fights?

No, I am not referring to wrestling or boxing or even a movie like “The Boxer” or “Rocky XVI”. Given the popularity of reality television, it is more in that vein. Sort of like a cross between that and watching some domestic violence...without the domestic.

If you would like a sample, just tune in to YouTube, Boston.com, or any one of a variety of websites sporting a video of a recent performance in Boston’s own Chinatown.

In watching it, you will be joining with Boston’s Finest. Currently, Boston police are reviewing a video that is circulating on-line of a violent altercation in Chinatown. Interest aside, there is apparently no investigation being conducted into the melee.

The 2-minute, 33-second video shows a group of seven gentlemen who appear to be harassing drivers and assaulting cars as they pass on Tyler Street in Chinatown.

Well, everybody has to have a hobby...!

Continue reading "Attorney Sam’s Take: Excitement With Assault, Battery And Weapons On A Fine Boston Evening" »

Former Massachusetts Turnpike chairman Matthew Amorello (hereinafter, the “Defendant”) has fallen into ever-deepening holes of trouble on the criminal justice battlefield. First, he was arrested for drunk driving this past weekend. Well, not really just drunk driving. There are apparently other charges levied after he allegedly smashed into parked cars and tried to flee the scene despite the fact that one of his tires was off.

After a night of what the authorities call “sleeping it off” at the station, the Defendant was told he had to attend his arraignment in Haverhill court yesterday.

He didn’t.

And so it was that a Haverhill District Court Judge issued a default warrant for the man who once oversaw one of the largest public works projects in the state's history...the Big Dig.

Continue reading "Former Big Dig Bigwig Faces Allegations Of OUI, Leaving The Scene And A Default Warrant" »

Crime, itsel, is not particularly seasonal. It happens all the time in the Boston area. However, through my years as a Boston criminal defense attorney, I have noted that certain crimes seem to occur more often during certain seasons. Summer is a season where there is often a spike in certain crimes, for example.

The Rock star "Meatloaf" once began a hit song with the line, "On a hot summer night, would you offer your throat to the wolf with the red roses?" After various lines seemingly meant to understand the original question, the answer was "Yes".

The image of hot summer nights is often used to portray passonate and, often, violent, occurences.

This is not limited to music or fiction.

We often see what might otherwise be verbal arguments escalate into physical altercations. Maybe it is the heat that makes tempers more flammable. For example, on Saturday, I wrote about a woman who was shot by police after she allegedly assaulted them with a knife. This was, of course, after she had assaulted someone else at home with the knife. This ended tragically…the police shot and killed her.

This is also a story which may bear a closer look this week, by the way.

Continue reading "Summer crimes – Disorderly conduct, assault and battery, drunk driving…. a criminal attorney’s view." »

Jaime Collazo and Christopher Colecchi have been arrested and arraigned in a Massachusetts criminal case involving a stolen car that had two sleeping children in it. The alleged car theft and kidnapping are said to have occurred early on the morning of July 12. The two Worcester men are accused of stealing a 2002 Toyota Sienna from outside a Gulf gas station while its driver was in the station.

Police were contacted and within minutes an officer found the car parked at the corner of Lafayette and Scott. The children were still in the vehicle and hadn’t been harmed.

Following a foot chase, Collazo was arrested and charged with Massachusetts kidnapping and trespassing. He is accused of forcing his way into the building where police found him.

Meantime, Colecchi, who is accused of then stealing another car, was pursued by cops on the I-290 first in cars and then on foot after he crashed the vehicle. Colecchi is charged with two counts of kidnapping, operating a vehicle as to endanger, receiving a stolen motor vehicle, leaving the scene of property damage, operating a motor vehicle with a suspended license, and possession of Class B substance. His criminal defense lawyer told the Telegram that the 36-year-old man is being overcharged. He says that whoever took the first car got out at once upon discovering that there were children inside the vehicle.

Van Stolen With Sleeping Children Inside, WCVB, July 13, 2010

Two suspects arrested for kidnapping, Telegram.com, July 12, 2010

Related Web Resource:
Crimes against the Person, General Laws of Massachusetts

Continue reading "Two Worcester Men Accused of Stealing Car Charged with Massachusetts Kidnapping" »

Massachusetts had more than its fair share of crimes this past holiday weekend. There were shootings in the Boston area, one homicide and, as one would expect from such a weekend, plenty of vehicular crimes. Criminal Defense attorneys will be needed.

For example, one Massachusetts woman was arrested this weekend in Salem, N.H., after police said she stole purses and led them on a harrowing chase with her 12-year-old daughter in the car.

This would be Maria M., 36, of Lawrence (hereinafter, “Mother Defendant”). She is said to have targeted customers at the Christmas Tree Shops, Target, and Market Basket in the area. According to the authorities, she would reach for purses left in shopping carts while the women looked away and "larcenied" her financial cares away.

According to witnesses, Mother Defendant brought a “young girl”, presumably her daughter, along for the July 4th festivities, as she liberated items from said purses.

Once the police spotted the described car, along with the occupants matching the description, they tried to pull her over.

This did not go too smoothly.

Continue reading "Lawyers Needed For Massachusetts Vehicular Crimes During Holiday Weekend" »

A judge has ordered 29-year-old man facing numerous charges for his involvement in a 20-mile police pursuit on the Massachusetts Pike to Bridgewater State Hospital for a psychiatric evaluation. Alejandro Serra has pleaded not guilty to over a dozen charges, including five counts of assault and battery with a dangerous weapon and operating with a suspended license.

Serra is accused of threatening and almost running down a man and his young grandson in Boston on Monday. The adult pedestrian had asked Serra to turn down the music that was blaring from his vehicle.

After Serra fled the scene, he was pursued by state police in a chase that continued onto the Massachusetts Pike until his vehicle crashed into three police cruisers in Framingham. Serra then tried to flee from the authorities on foot. At least 10 troopers were involved in efforts to apprehend him. Video footage shows one state trooper punching him.

A forensic psychologist for the court who evaluated Serra to see if he was competent to face charges says that the suspect is delusional, out of touch with reality, and may be a danger to society. At the end of his arraignment, Serra announced to the court that he was Pope Alexander.

Prosecutors say that he has had history of mental health problems and has been committed to psychiatric hospitals in the past. The state committed him to one in 2008.

Serra is being held on $5,000 cash bail for the altercation on Monday and another $5,000 for failing to obey a warrant that required that he show up at the Mental Health Division on June 23. Serra’s Massachusetts criminal defense lawyer says that his client clearly needs help.

Man charged after leading staties on wild Pike chase, Boston Herald, June 29, 2010

Driver In Mass Pike Chase: 'I Am Pope Alexander!', WBZTV, June 29, 2010

Related Web Resources:
Mass Law About Traffic Violations
MassDot Highway Division

Continue reading "Psychiatrist Says Driver Charged in Massachusetts Pike Car Chase is Delusional" »

Just to show you that the Boston Criminal Lawyer Blog is not only focusing on kids these days and their foibles, such as attempted murder, we discuss today a slightly older gentleman in need of counsel…lots of it.

The gentleman, Michael G., 31 (hereinafter, the “Defendant”) hails from Salem and was arrested in Swampscott for operating under the influence as well as one or five other charges. He was apparently not charged for other, somewhat unusual items of interest in his car.

The Defendant was brought to the Lynn District Court where he was charged with operating a motor vehicle under the influence of alcohol, negligent operation of a motor vehicle, operating a motor vehicle with a suspended license, drinking alcohol from an open container in a motor vehicle, marked lanes violation and following too closely.

Swampscott police had been alerted to the Defendant, who is a student at Wentworth in Boston, as he sped by on New Ocean Street around 3:30 a.m. April 30.

As the police followed him, the Defendant is said to have been weaving all over the road and tailgating another vehicle, before he was pulled over on Paradise Road.

Continue reading "The Boston Criminal Lawyer Blog Reveals A North Of Boston Drunk Driving Matter With A Twist" »

Gee, it is hard to imagine that after our protectors and law-makers have made the world safe for kids by passing the Anti-bullying bill discussed last week and prosecuted “the bad kids” as discussed ad nauseum, that kids could still be getting in trouble and even hurt! In connection, since the governor has not signed the Ant bullying Bill into law in Boston yet, how will prosecuting attorneys ever be able to prosecute the youthful wrong-doers?

Guess what? It would appear that the laws already on the books actually suffice!

For example, let’s take four Merrimack College students who have gotten into a tad of trouble at yet another underage drinking party. The partying seems to have ended when a high school student ended up with a serious head injury.

The 17-year-old girl from southeastern Massachusetts, now in the hospital, fell down stairs early Sunday morning at the party, according to a statement issued by North Andover police and Essex District Attorney Jonathan Blodgett's office.

Continue reading "Massachusetts Students Face Charges Of Assault, Attempted Murder And Alcohol Distribution" »

Tempers sure are flaring now that it is known that no serious injuries resulted from the collision between a Green Line MBTA train smashed into a jeep! Transit officials are crying “Foul!” against the athletes who had been in the jeep. Crimina-Defense-Attorne- Needing-type-Foul.

The crash took place this past Sunday around midnight as a Green Line trolley driver, traveling about 30 miles per hour, was heading westbound en route to stop at Greycliff Road and Commonwealth Avenue in Brighton. Yards from the Greycliff Road crossing, the driver says he noticed a black Jeep Cherokee at the intersection at Commonwealth Avenue.

According to an MBTA transit police report, the driver sounded the horn five times and then engaged the emergency stop. The jeep's driver cut in front of the train as if attempting to make a U-turn onto Commonwealth.

WHAM!

The trolley struck the side of the Jeep, pushing it back onto Commonwealth Avenue. When the jeep stopped, according to the report, some of the its occupants got out, grabbed items that appeared to be alcoholic beverages, and then fled down Greycliff Road.

Continue reading "T-Crash May Result In Alcohol Related Charges For Boston College Students" »

One moment. One very bad moment following a very bad decision. Boston criminal defense attorneys see it every day.

That's all it takes to ruin, or even end, innocent lives....as well as guilty ones.

It is a lesson that we witness played out on the Commonwealth streets this past Monday. Now, here are two similar stories to show it is a lesson that is still being learned quite late.

Let’s take the case of Jonathan C. , 19, of Saugus (hereinafter, "Defendant1") for example.

Defendant 1 spent a very painful day in Lynn District Court this past week. He is now spending time in Commonwealth housing.

Defendant 1 pleaded guilty in a vehicular homicide matter which had caused the death of one woman and severely injured another. In open court, he apologized to the family on the other side of the tragedy, explaining, “There is not a day that goes by that I don’t think of it.’’

Continue reading "A Boston Criminal Defense Lawyer's take on Vehicular Homicide And Very Bad Moments" »

Well, this week has not been particularly good on the streets of Massachusetts. At least three deaths in two days alone! Lots of fodder for lawyers.

“Well, of course not, Sam”, you tell me. It was raining to almost biblical proportions!”

Yes, well that ended on Monday. It’s been kind of sunny the rest of the week, which is when the deaths occurred.

For example, Bruce F., 46 of Salisbury (hereinafter, “Fatality #1”) was fatally injured when he was hit by a car after stepping into the right lane on Route 95 South in Newbury at about 7:30 p.m. on Tuesday night.

Continue reading "Attorney Sam's Take: Three Deaths On Massachusetts Streets In 48 Hours" »

Today, the Boston Criminal Lawyer Blog points out that there really can be “heroes” as well as “villains” in today’s modern, if not skeptical, age.

It seems to also be a story of a suspect's alleged consistency.

It was this past Monday. It began when a 34-year-old woman parked her Acura SUV at the Dock Square garage in the North End. Suddenly, out of nowhere, a burly man appeared at her door, speaking calmly and matter-of-factly.

“I need your car, I need your keys,’’ he said.

When she saw the gun in her hand, she knew it was not simply an unlucky gentleman who simply needed an emergency ride to, say, deliver a baby.

He simply wanted to deliver the car...to himself

Continue reading "Assault, License Loss And OUI Charges Apparently Not Enough For Alleged Armed Carjacker" »

Well, it has been awhile since the Boston Criminal Lawyer Blog covered one of these.

It just goes to show that with all the mkhigh profile cases like those of a certain never-to-be-tenured professor's alleged homicides, the Kerrigan family woes and assorted homicides we have been discussing lately, poor judgment is also demonstrated in the actual streets of the Commonwealth ...just like always.

Today’s tale hails from Framingham.

It was Saturday night when Herman H., 23 of Framingham (hereinafter, the “Defendant”) was found hiding under a car in a garage and arrested.

You see, according to law enforcement, the Defendant had been witnessed going the wrong way on a local one-way-street. So, the police, doing what they do, followed him until he finally stopped.

Next, the police approached the Defendant’s vehicle. Again, it is what they do.

But, the Defendant then allegedly did what one is absolutely not supposed to do. He drove off.

He finally stopped. Good move.

-

Continue reading "Massachusetts Vehicular Crimes Increase Penalties During Police Car Chases – Take It From A Boston Defense Attorney" »

Yesterday, we began our examination of the arrest and sentencing of a Geraldo S., 32 of Marblehead (hereinafter, “Defendant 1”). He recently pled guilty in a Massachusetts superior court and received a ten year sentence. We were looking at the story from a search and seizure angle.

We left off when it came time to explain the search of Defendant1’s vehicle.

As you may recall, Defendant1’s arrest took place back in 2004. To show you things have not changed very much, let’s turn the clock forward to this very weekend. On Saturday, Henry T., 21, (hereinafter, “Defendant2”) of Randolph was blessed with similar police attention.

Braintree police say that Defendant2 had been driving without his headlights on early Saturday morning. They checked their computer to get information on the vehicle and found that Defendant2’s license had been suspended.
That’s a crime in the Commonwealth.

Continue reading "The Search And Seizure Of Two Massachusetts Drug Suspects (Part Two)" »

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" »

Bethany P., 21, of Londonderry, N.H. (hereinafter, the “Victim”) will not be returning to her Boston College senior class this week. You see, she met up with a Weston lad’s SUV this weekend. The lad was allegedly Benjamin K., an 18 year old gentleman (hereinafter, the “Defendant”) who the Commonwealth claims was driving drunk. The Defendant pleaded not guilty today, alongside his attorney. Nonetheless, he was ordered held on $50,000 bail.

The Victim was struck as she crossed St. Thomas More Road at around 12:55am Sunday morning. The Defendant was driving his parents’ Toyota Land Cruiser. She is said to have sustained “serious” injuries, but was listed in good condition Monday morning at Beth Israel Deaconess Medical Center, according to state police and a hospital spokesman.

While the Victim was alone at the time of the accident, the accident scene is full of student dormitories and an administrative building.

According to the Commonwealth, the Defendant left the Victim unconscious and bleeding in the road and left the scene of the accident. He was thereafter apprehended by BC police after a bulletin was sent out about the SUV. He was arrested as he tried to exit the college’s grounds.

Continue reading "MA TEEN CHARGED WITH VEHICULAR ASSAULT ON BOSTON COLLEGE STUDENT HELD ON BAIL" »

Boston, along with the rest of the country, has been watching the events unfold in the Tiger Woods automobile accident matter. While the participants took turns not talking (law enforcement would not talk to the press and Tiger would not talk to anyone), I have been reminded of one of the most important lessons I learned many years ago as a young assistant district attorney.

The lesson?

When to keep your mouth shut.

For those of you not acquainted with the latest Tiger Woods adventure, let me recap with what we now know.

It was early Friday morning at 2:25 a.m. just outside Woods's driveway in one of Orlando's most exclusive suburbs. Woods was the driver as the vehicle had a collision . Woods was described as being briefly unconscious with blood on his lips and mouth. Neighbors called 911 and then rendered outside to render aid while awaiting an ambulance and police.

Continue reading "The Lesson Of The Tiger Woods Criminal Investigation– When Not To Talk To The Police" »

Bruce Springsteen wrote a song claiming that “Summer is here and the time is right for racing in the street”. Well, it is not summer and the time certainly isn’t right for street speeding. The lesson, however, is a little late in the learning for 17-year-old Michelle M. of Methuen (hereinafter, the “Defendant”). Accused of drag racing in Lowell by witnesses, the young lady will be facing charges alongside a criminal defense attorney.

According to the police, the Defendant will be charged with leaving the scene of an accident causing personal injury. The injured party was a 12-year-old boy who was struck by a car during what witnesses claim to be a drag race and thrown about 20 feet. Allegedly, because leaving the scene of an accident is a misdemeanor, the Defendant is going to be summoned to court at a later date and was not arrested. She has, however, lost her license.

According to witnesses, the racers had run a red light before one of the cars struck the boy. The boy is listed in fair condition with internal and head injuries at a Boston hospital.

According to the police, the Defendant, having left the lad for dead, fled the scene and went to a Lawrence hair salon, got her hair done and then reported to the police that her car had been vandalized.

Continue reading "Massachusetts Student Faces Both Misdemeanor And Felony Charges Stemming From Hit And Run Case" »