Articles Posted in Domestic Violence

They are cases involving one of the issues that make the criminal justice system, and related law enforcement, tremble. After all, part of the job of police, prosecutors and judges is to protect the public. Nothing has more of a tortured history in that regard than cases involving domestic violence.

The two cases referenced in today’s blog did not take place in Massachusetts. However, they might as well have. The fact scenarios hardly differ to cases the Commonwealth has seen in the past.

Case One. Rhode island’s Evelyn Burgos, the mother of four, had been concerned for her safety since a recent break-up. Her 25-year-old daughter, Vanessa Perez spent the night with her and the three younger kids for that reason.

An allegation of Massachusetts domestic violence can affect your entire life. It can create irreversible harm long before you have a trial or resolve the criminal charges. This Boston criminal lawyer has handled many such cases over the past quarter century. Through my Attorney Sam’s Take, I have attempted to warn you how serious these charges are.

The warning deserves repeating…both for the sake of the accused as well as the accuser.

Years ago, society did not treat such allegations with the appropriate amount of seriousness. Now, the courts tend to err on the other side of the occasion. I still come across cases where a complainant admits that he or she called the police claiming a domestic disturbance out of anger, even when no such violence took place. They are then surprised to learn that they cannot simply tell the police or the prosecutor that they have decided they want to forget about the whole thing.

Yesterday, we began discussing the plight of Springfield’s Anthony Perry (hereinafter, the “Careless Provider”, his girlfriend (or ex-girlfriend, depending on who you ask) and her young child.

To put it into the proverbial nutshell, the Careless Provider was watching his girlfriend’s 2-year-old son.

It was “Black Friday”…a day for significant deals at stores throughout the Commonwealth.

As revealed yesterday, Carless Provider has made many admissions (seemingly to whoever would listen) about the event. He has explained how those convincing commercials just made it impossible to pass these deals up. Further, employees of the store apparently did not have the TV that he really wanted, so they convinced him to stay a bit longer to get another one.

Meanwhile, the 2-year-old had been left alone in the car.

The girlfriend, apparently more interested in her son than the TV set, says she has broken off with him. He may face criminal charges. Law enforcement has not decided yet apparently.

Meanwhile, more statements from Careless Provider seem to be coming in.

A new spin on the event was that the child had not even been left in the car alone. According to WWLP reports, the police found Careless Giver at home with his TV and he denied the allegations. He claimed at the time that he had taken the boy into the store, but the boy got lost.

Well, the versions could be reconciled. Maybe the 2-year-old got lost in the store, went to the car and locked himself back in.

Anybody still wonder why attorneys suggest targets of investigations keep their mouths closed?

Attorney Sam’s Take on Child Neglect

As happens with Massachusetts domestic violence cases, if a child is anywhere around allegations of neglect, the Department of Children and Families (DCF) come a-calling.
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Do you find it somewhat ironic that, on the very day after the day we reserve for counting our blessings (Thanksgiving), we fall into a frenzy to go out and get more?

Well, that is apparently what the curiously named “Black Friday” is for. Folks go through all kinds of gyrations to save money on that oh, very special day. They start camping out in front of stores the night before to get a good place on line to go into shopping battle, they gladly spend money they never had in order to experience the joy of bargain-hood, they place their children at terrible risk…

“Wait, Attorney Sam’s Take, what was that last one?”

Well, that is what 34-year-old Anthony Perry of Springfield (hereinafter, the “Care-less Provider”) did last Friday. Springfield police say that he left a toddler in a car while he went into the bargain trenches to bag a big-screen tv. Then, his hunting done, he saw that the toddler had developed an audience.

An audience dressed in blue.

Realizing that they were also now looking for him, the Care-less Giver took off.

Eventually, of course, he was found. They pretty much always are.

What he had done, while not exactly domestic violence, a criminal offense.

He gave an interview to the Boston Herald after the dust settled. He told the paper that, “I can tell you right now I am going to think about this forever…This may be a top story for you today. This is going to be my top story for the rest of my life.” He admits making the “mistake” of leaving the toddler inside the car.

The media was not the only folks the Care-less Giver spoke to. He also gave statements to the Springfield police who were investigating the matter. That’s where it also came out that it was not even his kid!

He admitted that he left his girlfriend’s 19-month-old son bundled up outside a Big Kmart for more than an hour while he went in to score a 51-inch Samsung plasma TV for $479 Continue reading

Lowell’s Neil Sylvester, 43, is a modern-day Vincent Van Gogh. No, I do not know whether or not he is an artist of any kind. I was referring to the story in which Van Gogh cut off his ear and sent it to a woman as a token of his love. Mr. Sylvester did something similar. It did not repair his relationship. It got him a new last name. The name of the “Defendant“.

You see, the Defendant has been indicted and arraigned for charges including stalking, stalking in violation of a restraining order, assault and battery, assault and battery with a dangerous weapon, kidnapping, four counts of violating a restraining order and three counts of witness intimidation.

His latest action in the ill-fated romance? He took out the two steel rods that had been surgically implanted in his hand and sent them to his lady-love “as a token of his love” according to law enforcement.

The rods themselves had a bit of a history. They were implanted after he had punched a courthouse wall. He was in the courthouse because his ex-girlfriend was slapping him with a restraining order. According to Middlesex District Attorney Gerard Leone Jr., the restraining order was in response to several months of domestic violence.

Mr. Leone praised the woman for coming forward. He claimed that the Defendant ” violently abused a female victim for several months and what is especially troubling is that he continued this abusive behavior from behind bars,..We commend the victim for coming forward to reveal this defendant’s ongoing abuse, despite her fear of retribution by (the Defendant)”, he announced. He continued with, “In coming forward, she enabled us to investigate and charge (the Defendant) with further crimes of intimidation and violation of the restraining order. We understand that there are a variety of reasons why a victim may be hesitant to disclose abuse and we continue work with victims to remove the barriers against disclosure and empower them to access ways to break the cycle of violence.”

At the arraignment, prosecutors outlined the history of the Defendant and his ex. They said that the two had dated previously, during which time the Defendant “verbally, physically, and emotionally abused” her. The alleged abuse culminated in January when she tried to break the relationship off, according to authorities. The Defendant, prosecutors said, “became violent and punched the victim in the face and grabbed her by the throat. He allegedly held a knife to her throat and threatened to kill her,” while holding her hostage in their apartment.
Following his arrest for that, and upon learning the woman had obtained a restraining order against him, prosecutors said the Defendant fractured his hand punching a wall in Lowell District Court. He required surgery and the steel rods to repair the damage.
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Well, Attorney Sam’s Take gave the short answer to that question yesterday. The first thing I suggest you do is consult experienced counsel. This will most likely be a criminal defense attorney.

We have discussed how the restraining order came into being. We left off looking at your chance to defend yourself (hopefully with your attorney). Approximately ten days has passed since you were served. What is coming now is your opportunity to have the restraining order lifted.

“Sam, if I really want nothing to do with the complainant, why should I care?”

Because even in situations in which you want no contact with the complainant, there are still repercussions to having a permanent restraining order issued against you. Understand that it will go on your CORI. It is not a criminal case, but it certainly does not look too good there. It gives a certain flavor to your past or present that you do not need. For example, if you are looking for certain employment which requires a high security clearance or contact with children, the restraining order will be considered a “red flag”. Second, if you are ever accused of a crime, the authorities will run your CORI and see it. They will interpret this as a sign of a violent past. Lastly, the restraining order puts you in a rather sensitive position when it comes to the complainant. Should that person pick up the phone at some point and allege that you tried to have any contact with him/her, you will be arrested for violating the restraining order. That type of charge is taken quite seriously.

“So, what is going to happen at this upcoming hearing?”

Understand that the odds are not in your favor. These orders are given away quite liberally as described yesterday. One thing that you will want to have your attorney do is get a copy of the affidavit the complainant had to file in order to get the temporary restraining order. This will prepare you somewhat for the specifics of the allegations.

Unfortunately, the complainant is not going to be limited in what he/she says at the upcoming hearing by what was written in the affidavit. New allegations can be added right there at the upcoming hearing.
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It has become an all-too familiar part of domestic relationships. It does not matter if those relationships are romantic, paternal or even simply housemates. For years, domestic violence was ignored by society. Today, it is not only not ignored as a potential protection…it is often used as a sword to use against one’s closely tied enemies.

But that is for another day. Today, Attorney Sam’s Take discusses what one should do upon learning that a restraining order has been issued against you.

The first thing you do is ignore the immediate impulse to call the person who got the restraining order to demand an explanation. You have just received a court order not to have contact with that person. As with most court orders…you disobey it at your peril. Jail-type peril.

Actually, there are two types of restraining order that this could be. One tells you to have no contact with the person who got the restraining order and the other one tells you to not harass that person. My advice? Play it safe. Harassment can often be in the eyes of the beholder! Do not contact the person.

The person who you should contact is a criminal defense attorney to advise you in the situation.

“Why a criminal defense attorney, Sam? I did nothing wrong. Is this a criminal complaint?”

No, not yet. However, these matters are often joined with a criminal complaint. Further, if you violate the restraining order, you will be arrested. Criminal defense attorneys are best suited to handle these matters and we do so on a regular basis.
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Well, after a day’s absence due to a loss of power thanks to Hurricane Sandy, Attorney Sam’s Take is back to daily postings.

You might wonder, by the way, how the criminal courts, and Massachusetts crime in general, deals with such weather events. Does everything stop? Do the courts, like the police, have to remain handy in case the need arises?

As usual in criminal justice…yes and no.

This weekend, as the media basically warned us that Hurricane Sandy, the “Frankenstorm” could end life as we knew it…various businesses and agencies had to decide whether to close. Our president and local officials told us all to keep off the roads and that we would be in a state of emergency. This was good enough to keep most law-abiding citizens off the street. However, the courts are not considered among that ilk. After all, Justice never sleeps…or so they tell us.

Anyway, by Sunday night, those who were supposed to serve jury duty on Monday were called off. All non-essential government workers were also told to stay home. However, judges, court staff and attorneys who are due in court are not considered “non-essential”. Therefore, we were still on the hook. As are our clients who must also show up lest they risk a default warrant.

Finally, early Monday morning, the courts decided that they would close at noon for 24 hours, opening again today at noon.

At least one publically-watched trial was delayed due to Sandy. That would be the trial of Dwayne Moore. You remember Dwayne…he was one of two defendants who stood trial for his alleged role in the so-called “Mattapan Massacre” not so long ago. The jury acquitted the co-defendant, but could not decide what to do with Mr. Moore. The case made news again more recently when an eyewitness who said he could not identify Mr. Moore at the first trial suddenly decided that he could do so now. Apparently, the Commonwealth is willing to go with that…credibility be damned!
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It is impossible to tell you all you need to know about Massachusetts domestic violence cases in just three short blogs. Perhaps I will write a book on the subject (solicitations anyone?). However, here are a few other tidbits that most people do not consider which this Boston criminal lawyer things you should know:

Clearly, if, in a “lover’s spat”, one such lover physically assaults another, that is a crime which should be reported. However, many people these days seem to think that calling the police and embellishing a bit is a neat way to win an argument. “After all”, they figure, “tomorrow morning I will tell the police and the court to forget about it.”

Hopefully by now, you have gotten the message that it does not work that way. If there is no legal marriage between the accused and accuser, then there is no spousal privilege. This means that the Commonwealth, which now has decided that what you originally said took place is the truth will not be detoured simply because you have changed your mind. As if they have blinders on, the original statement was the truth and if the complainant is changing that narrative, then she must be lying now. In any event, the Commonwealth will proceed to trial and force you onto the stand.

“What if I change my story to the truth on the stand?”

You will likely be threatened with a host of crimes ranging from intimidation of a witness to perjury.

“Well, what should I do if I am in that position?”

My advice is that you should contact an experienced attorney to help you out of it. And, by the way, I would not suggest doing it again.

Of course, if you have kids living with you and your beloved, then you have two nightmares to deal with. There is the criminal prosecution as well as the investigation, services and hearings of the Department of Children and Families (“DCF”). Because there are kids living at a scene wherein the Commonwealth believes violence took place, they will launch into action out of a stated desire to save the child. However, like their prosecutorial counterparts, they will likely believe the original allegations as well. In fact, should you tell them that the allegations were not true during the investigation, they may actually indicate that such an opinion may be grounds to take additional action which could lead to the removal of the child at the home.

“What if I didn’t make the allegations, but the child, or someone else, did and I know it is not true?”

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Hello and happy July 4th! I hope you are enjoying the celebration of liberty.

In celebration of the festivities, the Boston Criminal Lawyer Blog is discussing one instance where a number of people lose their freedoms and both they and, often, their complainants are shocked about the process.

On Monday, we began discussing Massachusetts domestic violence cases. When we left off, our fantasy couple, Lilly and Lou Loud had had a rather loud verbal argument which the neighbors overheard. The neighbors called the police. Police came, the Louds denied that anything violent was going on and Lou ended up with criminal charges nonetheless. That is where we left off.

The question on the table was what was likely to happen next in today’s Commonwealth criminal justice system.

We established that Lou was going to be going to arraignment and have the criminal charge entered onto his criminal record.

“Sam, you established that Lou was not entitled to a Clerk Magistrate’s Hearing. Is there any way to prevent the arraignment so that the charge does not get entered upon his record?”

He does not have an absolute right to the hearing. However, as in the case with comic book heroes, when they are looking certain death in the eyes and it seems like the end, “There’s just one chance! If I can just…!”

I am constantly surprised that more criminal defense lawyers do not even make an attempt to save their client’s record at this point. I do. You see, in our scenario, Lilly Loud is on her husband’s side. She has been saying all along that no crime was committed.

“So, she can just stand up in court, explain it all to the judge and the arraignment will not take place?”

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