Samuel Goldberg has been a Massachusetts criminal defense attorney for 20 years. Prior to that, he was a New York state prosecutor. He has published various articles regarding the practice of criminal law and frequently provides legal analysis on radio and television, appearing on outlets such as the Fox News Channel, Court TV, MSNBC and The BBC Network. To speak to Sam about a criminal matter call (617) 492 3000.

Homicide Arrest In Boston-Area May Be A Domestic Violence Matter

August 29th was my birthday; never mind which one. So, when it came time to write today’s blog, I decided to see how my fellow Bostonians had celebrated the day and find out if anyone used the occasion to produce the need for an experienced criminal defense attorney.

I shortly wished I hadn’t.

I came upon a sad story from Quincy. It involved 52 year-old Wollaston man, Joseph B. (hereinafter, the “Defendant”) who spent my birthday being arrested for murder.

The Defendant was arrested on Saturday in connection with the death of 33 year-old Mary B. (hereinafter, the “Deceased”), whose body was found on Saturday afternoon in the home she shared with her child. According to a press release from District Attorney William Keating’s office, the two knew each other well, but the nature of their relationship was not explained further.

Law enforcement has also declined to reveal how they believe the Deceased was killed.

Neighbors were mixed in terms of their experiences with the Defendant and Deceased. The Defendant’s neighbors were surprised, calling him the “nicest guy” and someone who, “If it snowed, he’s be the first guy to help me.” On the other hand, neighbors of the Deceased indicated that they could hear the Deceased and an identified man arguing loudly many times in the Deceased’s apartment.

“There was a lot of yelling coming from that apartment,” the neighbor said. “It was obvious when all of the windows were open.”

While the evidence linking the Defendant, a Dorchester native, and the Deceased has not yet been revealed, it is apparently known that the Defendant had lived with his wife and son at another location for several years, but may not have been staying with his family in recent days.

The Defendant is expected to be arraigned for murder at 9 a.m. today in the Quincy District Court.

Sam’s Take:

First of all, although the last names of both the Defendant and the Deceased begin with “B”, they are not the same name and I have no information about any family relationship between the two.

The Defendant is said to have a wife and child at another location. However, it is possible to be involved with a domestic violence matter even if one actually lives in another location. Should this matter turn out to be a domestic violence case, it would provide an example of the flip-side of the Attorney Sam’s Take written last Thursday.

In short, domestic violence matters, long ago ignored, often ended up with serious injuries or deaths. This is why law enforcement and the courts treat these types of cases with even more care than other assault cases.

Of course, in this case, it will not matter come court-time today. The Defendant is said to be charged with murder. Criminal charges do not get more serious than that.

Murder is the one crime that is usually punished by life imprisonment without the chance for parole in Massachusetts. It is the one crime for which there is absolutely no statute of limitation. This means that one can be charged for a murder regardless of how long ago the murder is said to have taken place. Murder is not the taking of another’s life by accident or even simple recklessness. In the Commonwealth, the act had to be intentional…premeditated.

You would be surprised at how some murder prosecutions come into being. For example, I have handled matters where a simply gun possession case ended up providing the evidence needed for a homicide as a gun is found on a youth today that ends up matching bullets found inside a homicide victim years ago. The kid holding the gun now becomes pressured into being a witness as to the gun’s history, if possible, so that the (hopefully) correct shooter can be identified.

Of course, in the meantime, this new semi-unwilling government witness’ life has now been altered in the extreme.

But, then, that does not appear to be what will happen in this new case. Here, the Defendant was arrested on the same day as the body was discovered.

My birthday.

Anyway, should you find yourself in the unlucky position of being arrested or dubbed a newly-found government witness a criminal matter and wish to confer with me, feel free to call me at (617) 206-1942.

For the full article upon which today’s blog is based, go to http://www.enterprisenews.com/news/x425636689/Woman-murdered-in-Quincy

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