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.

DORCHESTER MAN FACES GUN CHARGES AND ASSAULT AND BATTERY OF A POLICE OFFICER AFTER ROUTINE TRAFFIC STOP.

If what they are saying about Dorchester’s Calvin Horne, 26, (hereinafter, the “Defendant”), he is lucky to be alive today. He is alittle more “CORI-challenged”, though. He is facing new charges for assault and battery as well as drug and gun charges.

His case is of interest for a few reasons and so Attorney Sam’s Take will discuss it today and tomorrow.

According to an officer who was apparently willing to talk to the press on condition of anonymity, the Defendant’s vehicle was pulled over by a police officer familiar with him. The stop was allegedly for a traffic infraction. After the officer and the Defendant “chatted” a bit, the officer indicated that he would have to check the license plate against the computer database.

According to law enforcement, the Defendant was not in favor of the check and indicated as such…physically.

The fight which followed, which ended up involving other officers, is said to have continued for over 10 minutes. According to prosecutors, when it was over, the original officer’s ear had been pulled by the Defendant to the point of ripping it and damaging his eardrum. The Defendant is also alleged to have tried to grab the officer’s gun.

Several items of Horne’s clothing, as well as the cocaine that the Defendant allegedly carried in small bags, were strewn on the street during the scuffle, the law enforcement official added. He was apparently also found to be in possession of a firearm.

This is not the Defendant’s first brush with the law. His record includes numerous firearm and drug offenses, some of which resulted in prison time. In 2009, he was sentenced to a 3 to 4 year term for drugs and guns and, in 2008, he was sentenced to a 2 year sentence on the charge of assault and battery on a police officer.

Today, the Defendant resides in custody. He has had the bail revoked on his already-pending drug case. Bail for the new charges was set at $70,000.

Attorney Sam’s Take On A Triable Case

Should the Defendant be found guilty in this matter, whatever sentence he receives is going to be less than the death sentence he invited…according to the allegations.

You do not need an experienced Boston criminal defense attorney to tell you that people have died under such circumstances. Clearly, the Defendant is not a reader of this daily criminal law blog because I am forever warning you NOT to try to out-talk, out-run or out-fight an officer who stops you. This gent apparently did all three.

I do not know any more details about the Defendant than I have reflected here. However, while you may be thinking that this case is not triable.

I would say that you are wrong. As I have told you before, virtually any case is triable.

“Well, Sam, what could be the possible defense? You have a bunch of police officers testifying that the Defendant attacked them. He clearly cannot testify because, if he does, then the jury would learn about his previous convictions.”

All that is most likely true. And I never promised the defense would be the winner at trial. I do not know enough details in the case to really weigh the chances of that…and one can never promise such a result anyway.

“What arguments would you use in this case?”

Well, let’s discuss that tomorrow….

In the meantime, Good Yom Tov to where applicable.

For the original story upon which this blog was based, please go to http://www.boston.com/2012/09/14/dorchester-man-tries-grab-boston-police-officer-gun-during-arrest/WgeR2IFfEq4ytJO4ZRLLbN/story.html

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