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.

EVERETT MAN FACING MURDER CHARGES AFTER FATAL SHOOTING IN CHELSEA

Jonathan Castro Sala, 22 of Everett (hereinafter, the “Defendant”), has a date today in Chelsea District Court. It is his arraignment. For the charge of murder.

According to the Commonwealth, the defendant shot and killed another man on Blossom Street in Chelsea Tuesday night. He is said to have attacked a man in his 20’s (who’s name has not been released) at around 9 p.m. The man was rushed to Whidden Memorial Hospital, where he was pronounced dead.

According to the Suffolk County District Attorney’s office, the Defendant was arrested based on interviews with witnesses, physical evidence recovered at the shooting scene “and other information developed through the overnight hours.” A motive for the shooting has not been determined yet.

And so, with the Defendant in custody, the prosecutors are asking for anyone with information about that missing piece, and perhaps others, to come forward to supply it. They ask that someone who can help them build this case against the man in custody to contact Chelsea police at 617-466-4811 or State Police assigned to Conley’s office at 617-727-8817. Anonymous tips can be left at the Chelsea Police CrimeStoppers Tip Line at 617-466-4880 or through ChelseaPolice.com.

In the meantime, though, let’s look at this case as it stands right now.

Attorney Sam’s Take On Rushed Homicide Arrests

I find it interesting how little we regard incidentals such as liberty, stress and money when it comes to criminal justice.

Most folks in law enforcement figure that, if someone is innocent or a case cannot be proven against them, that, in the end, a jury will acquit them (unless they plead guilty just to get out of jail). That being the case, they reason, there would be “no harm, no foul”. Somehow, the interruption of one’s life that simply being arrested or charged brings is harm and foul in itself…let alone the little nightmare “gifts” the system will give along the road to trial.

I do not know the Defendant. However, let’s assume, for the sake of argument, that he is a human being with some kind of ongoing life going on. Maybe a job. Maybe school. Maybe even a family.

In the wee hours, the police have questioned folks about a shooting that took place. During the investigation, there is no word of motive and we do not know how good the witness accounts were. They have not been given any semblance of a test of time. Instead, as the sun comes up this morning, the Defendant is removed from his life. Liberty is gone. He is probably held without the realistic possibility of bail.

And now we will concentrate on the investigation.

Does this trouble you? Would you feel differently if it was your loved one, or even you, in the Defendant’s shoes?

“Well, Sam, the story says that it was not simply the word of witnesses. It says that physical evidence from the scene was also taken into account.”

Yeah? Seeing as how it was dark and a there was a bit of precipitation last night…any idea as to the quality of that alleged “evidence”?

“Well, I would think that they are still working on that evidence just like they are trying to get more information from other people.”

I’m sure they are. And I am sure if that you would feel comfortable sitting back and waiting for them to do so if it were you in custody.

By the way, since the investigation is continuing…what do you think will happen if it turns out that, upon reflection, it will look like the Defendant is not guilty as charged?

What would they do then?

That was a trick question. Don’t worry. They will be quite careful to make sure that such is not the final theory of the case.

This Defendant needs an experienced, aggressive and talented criminal defense attorney. And he is almost already a full day behind the criminal justice “eight ball”.

For the original story upon which this blog was based, please go to http://www.boston.com/metrodesk/2013/03/06/man-shot-death-chelsea-tuesday-night/XQgtVZJPN5fUfzDeL0cgWL/story.html

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