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.

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

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.

The police say that he then waived his rights and told police he had pornography in the attic,.

When asked to describe the pornography, the police say that he stated he had pictures of girls.

A police report filed in court says investigators found pictures of girls who appeared to be unaware that they were being photographed
The Defendant has pleaded not guilty to a charge of possessing child pornography. He was released on $1,500 bail from Lawrence District Court.

He has resigned his position in the school,

Over the past 25 years or so, I have investigated, prosecuted and defended many sex crimes cases.

Lately, there seems to have been an increase in child pornography casesThis should send warning shots over the bow of anyone who regularly works around kids. The message is that any reason for suspicion can be a career and liberty-ender. Let’s face it. Even assuming the Defendant is found to be not guilty at trial, his career at schools, no matter how successful, is over. If the result after trial is different, he is likely to be looking at involuntary Commonwealth housing.

While the school has gone on record to assure parents that none of their kids are in the photographs, the fact is that the rest of us do not really know…yet. The fact that the girls in the pictures look like they are unaware of the camera is not conclusive. The internet is full of pictures that have been posed for in the guise of being unaware of the camera.

Clearly, if girls from the school are in the pictures, the Defendant has a host of problems. Not only will the age-range be easily established, but there will likely be charges other than the fact that they are child pornography. It is illegal to hide a camera in such a location and film unsuspecting people. If not, it might be a different story.

“What do you mean, Sam? I mean, after all, he was nervous when talking to the police about it.”

Wouldn’t you be…even if you had no pornography, illegal or otherwise?

“And he had his daughter leave the room”.

Many men would prefer not to talk pornography with police officers in front of their kids.

By the way, you might notice there is no word of a warrant in this case. It would seem that the Defendant could have refused to talk to the officers or let them into the house.

So why did he?

“Fear of losing his job otherwise?”

Maybe. But then, if the pictures were discovered, that was clearly going to happen anyway.

As we have discussed many times, investigating police officers can be persuasive. Further, some people have greater faith in their abilities to convince police officers than they ought to be…!

You may be one of the cleverest people in the world…but police officers do this for a living. Chances are…they are going to be better at it than you. In other words, you are better off not playing the mind games with investigators. Contact an experienced criminal defense attorney at the first opportunity and let hin or her advise and, if necessary, defend you.

After all, we handle these situations for a living too.

If you would like it discuss a criminal matter with me, please feel free to call me to arrange a free initial consultation at 617-492-3000.

To view the original story upon part of this blog is based, other than radio (1030 am) accounts, please go to : http://www.bostonherald.com/news/regional/view.bg?articleid=1316916&srvc=rss

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