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.

POTENTIAL HOMICIDE SUSPECT WHO ANSWERED POLICE QUESTIONS ABOUT A HIDDEN BODY FACES A DANGEROUSNESS HEARING (Part 1 of 2)

Sometimes,people get themselves in trouble because they were trying not to get in trouble in the first place.

For those of my older readers, I remind you of the case of the late ex-President Richard Nixon. For you younger readers, I bring you a tale from today’s news.

According to the Boston Herald , Xavier Broughton of Worcester, hereinafter, the “Defendant”) is now facing criminal charges. In fact, he is also facing being held without any bail options.

The 32-year-old Defendant is charged with hiding the body of a man who apparently died in the Defendant’s home. Today’s Dangerousness Hearing will determine whether he is a “threat to the community” . At stake is his liberty. If the court finds he is a threat, he will be held without bail.

The criminal charge facing the Defendant is disinterment of a human body and misleading a police investigation.

Police say that they found said body Monday under cardboard boxes and paper bags on an enclosed porch. The Commonwealth believes that the body is that of Justin Ramos, who was last seen at a party at the Defendant’s home on January 7th.

The Defendant allegedly told investigators that Ramos died of a heroin overdose and he tried to revive him.

An autopsy is underway.

The Defendant’s attorney says that today’s Dangerousness Hearing is not necessary based on the charges

The Commonwealth clearly disagrees.

Attorney Sam’s Take On Making Statements And Resulting Suspicions

This type of situation has many layers to discuss in it.

First of all, when one hears about a dead body found hidden like this, one’s thoughts go to the question of homicide. I would suggest that this question is behind the Dangerousness Hearing to which the Defendant is currently being treated.

“Then why wouldn’t they charge him with murder in the first place?”

They clearly do not think that they have enough evidence. However, the Defendant seems to have helped them out in making some case against him.

“How so? He just said that the guy overdosed.”

Yes, but in making that statement, he has admitted knowing about the body and what happened to Mr. Ramos in terms of the overdose. This means that the Commonwealth, on the basis of the Defendant’s statement alone, has knowledge of the body and what happened to Mr. Ramos.

“That is hardly murder”.

No, and he is not charged with the homicide yet. But notice that he is also charged with misleading law enforcement. This would indicate a charge of “Intimidation of a Witness.” A felony.

What would they say he was lying about if he admitted to what was reported?

Still, these charges alone are unlikely the whole story behind the request to have the Defendant held without bail. After all, while illegal, hiding dead bodies that he finds lying around does not in itself make him a general threat to the community. After all, how many such bodies is he likely to find?”

Keep in mind that there are a number of things that we do not know. One of those is the Defendant’s past criminal record. Does he have one? If so, does it include violent charges? How about drug charges?

“Why would drug cases play a part?”

There are more than one way to be considered a “threat”.   Being in the drug trade could do it. Especially if people have a tendency to die on those drugs. Or in the presence of the Defendant.

“Aren’t you getting kind of carried away?”

Maybe. Let me be clear here. I am just telling you what is possible here. I am aware of nothing other than what is in the article and, if you check the link, you will see I have recounted it all here.

I am merely opining to explain something that does appear to be odd.

In the meantime, there are a few other items in this story of which you may want to be aware.

And we will get to those tomorrow.

 

 

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