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.

Articles Posted in Kidnapping

We all know that participating in a sexual assault is illegal. In fact, if you are a joint venturer with someone who is involved with sexual assault, you may be held to be as guilty as the actual assailant, even if you never touch the victim.

In Lynn, we just had a fairly interesting case that takes it to a step further. It also combines sexual assault with crimes involving child pornography.

Timothy Cyckowski is a 19-year-old young man from Saugus. He is also hereinafter, the, “Defendant”. On Monday, he pleaded guilty to sharing on the social network Snapchat a video which depicted what is described as the sexual assault of an intoxicated 16-year-old girl.

At the hearing in Lynn Juvenile Court, the Essex County District Attorney’s office explains, the Defendant has admitted his role in sharing the video. He had been accused of recording the attack. He pleaded guilty to posing a child in the nude, dissemination of obscene material, and kidnapping.

Continue reading

Jurors in Suffolk Superior Court found Edwin Alemany guilty of first-degree murder and 15 other counts, including premeditated murder, for the killing of Amy Lord. Alemany was also found guilty of attacking two other women before and after killing Lord.

In July of 2013, Alemany kidnapped Lord from outside her South Boston apartment and forced her to withdraw money from several ATM machines. Prosecutors said he then raped her and stabbed her more than 75 times. He then dumped her naked body in Hyde Park and set her car on fire.

Continue reading

Those of you who are regular readers of this blog know that I suggest, in general, that if law enforcement tries to talk to you about criminal activity to which they would like to connect you, you should politely defer questioning until you have an experienced lawyer present.

Of course, this pre-supposes that you are either a suspect or that the ensuing conversation is likely to make you one.

The right to invoke what is commonly known as Miranda Rights. It is more complicated than most people think which is why it is best to follow this suggestion. If you get a lawyer and there is nothing to fear, then your lawyer can tell you that. I have seen too many cases, though, in which it is the police who invoke their right to lie, deceive and mislead someone in order to get a statement they actually like out of a soon-to-be-revealed suspect…or defendant. To give a general admonition to simply go ahead and answer all the questions to the best of your ability without the safeguard of a lawyer would not be great advice. Particularly given what is often done with such statements.

Over the past couple days, the criminal investigation into the disappearance of Hannah Graham (the “Missing”) and the until-now-officially-“non-suspect” Jesse Leroy Mathew (now the “Defendant”) has had some developments.

Finally, it would seem that the façade that the Defendant was merely wanted for his poor driving habits and simply a “person of interest” in connection with the presumed abduction of Missing has ended. His official status has changed in places other than this blog to that of “suspect”. Criminal charges have also brought charging him with the suspected abduction.

Shortly thereafter, he was captured in Texas where he awaits extradition.

Another story involving potential college campus crimes is in the news today. It involves what all parents fear…the disappearance of a child.

Hannah Graham, 18, a sophomore at University of Virginia, has been missing since September 13th. To make matters worse, at least three other young women have disappeared in the area in the last five years. While the police indicate that they do not believe that Ms. Graham’s disappearance is connected to the others, one cannot say for sure. After all, the disappearance of Ms. Graham remains a mystery.

The local police do have a “person of interest” with whom they would like to speak though. He is believed to be the last person to have seen Ms. Graham before she disappeared. While the police certainly want to question him, Jesse Mathew now faces charges for reckless driving.

Well, I don’t know how you are starting your week, but I started mine arguing with my alarm claiming that “It is not bright enough outside to be morning!” I lost that argument as shorter days get ready to become the norm.

I would guess, however, that as reluctant as I was to throw back the blanket and face the day, Worcester’s 36-year-old Victor Baez. Jr.(hereinafter, the “Defendant”) was even morehesitant. Like me, he would start his day in court; unlike me, he was probably not returning home tonight.

The Defendant, a Level Three sex offender, is set to be arraigned on charges of kidnapping, receiving stolen property, reckless endangerment of a child, and driving with a suspended license. Clearly, this was not his first visit to the halls of justice. He was previously convicted of indecent assault and battery on a child under 14 years of age in 2004.

Last week, Dedham police officer Michael Schoener (hereinafter, the “Defendant”), 40, was in court. No, not in the seats reserved for police officers waiting to testify…in the defendant’s seat waiting to be arraigned.

The Defendant has been arrested in connection with an ongoing investigation into the kidnapping of an Avon man which is alleged to have taken place back in January. The arraignment took place in Norfolk Superior Court. The specifics involve allegations of having supplied police gear and other materials to the kidnapping scheme.

37-year-old James Robinson from Avon was allegedly kidnapped from home on new Year’s Day. According to Mr. Robinson’s parents, he was taken by two men “posing as” officers. Authorities say he has not been seen sincxe, although law enforcement apparently believes that he is no longer alive.

This week is a big one for Danvers’s own Nathaniel Hudon, the 31 year-old- man who is now referred to as “the Defendant”. He began the week in custody and remains there awaiting a “Dangerousness Hearing” scheduled for tomorrow. Reports have it that he was under the influence of cocaine and alcohol and may have believed he was going to heaven to meet God, when he abducted his ex-girlfriend early Saturday. He is then said to have led police on a 20-mile chase on the Massachusetts Turnpike.

It is unknown as to whether the chase was due to his rush for the Devine appointment.

In any event, the Defendant has been held without bail and is facing several charges, including kidnapping and assault and battery.

The alleged victim in these charges is Pamela Bello, 42, also of Danvers. She is said to be the Defendant’s ex-girlfriend, and so is hereafter referred to as “the Ex”.

The Ex told police that the Defendant had been drinking and using cocaine for two days, when he called her outside of her residence around 4:45a.m. When the Defendant asked her to accompany him in his truck she says she refused, but he forced her into the vehicle anyway, where all the inside door handles were broken off. He then took off, with her in the vehicle and drugs and alcohol allegedly dancing through his system.

The Ex says she tried to call 911, but the Defendant threw her phone out of the window and continued driving. He is said to have then replaced the cell phone with a white metal crucifix in her hand, telling her to hold onto it.
Continue reading

The Norfolk district attorney’s office says that Brighton resident Joseph Arita and Waltham local Ismael Martinez are serving 20 – 25 years in prison for the 2009 Brookline rape and kidnapping of a 30-year-old woman. Arita, 26, and Martinez, 27, each pleaded guilty earlier this month to one count of Massachusetts kidnapping involving a sexual assault, two counts of aggravated rape, and other assault and battery charges.

The woman, a Brookline resident, told the authorities that while walking to her home after taking a cab from Logan International Airport on Aug. 18, 2009, she was struck on the head by one man, who then pulled her into the back seat of a red pickup truck that another man was driving. The two men then drove her to a parking lot and assaulted her before taking her to another location and freeing her.

She reported the incident to Brookline police. DNA evidence matched the woman with Martinez and Arita. The Norfolk district attorney’s office had sought to obtain 35-to-40 year prison terms plus 20 years probation for the two men.

Massachusetts Criminal Defense
The state of Massachusetts treats the criminal charges of rape and kidnapping very seriously and prosecutors will zealously pursue defendants. For example, a Massachusetts aggravated rape conviction can result in a life prison term.

It is important for you to have a Boston criminal defense law firm that can protect your rights, ensure that all laws and proper procedures were followed leading up to your arrest, and explore all avenues of defense to secure the best outcome possible for your case.

Brookline rape, kidnap suspects plead guilty to 2009 attack on woman, WickedLocal, December 16, 2010
2d suspect held in Brookline rape case, Boston.com, August 23, 2009
One Of Two Suspects Arrested In Brookline Rape Case, Boston Criminal Lawyer Blog, August 20, 2009

Related Web Resources:
Norfolk district attorney’s office

General Laws, Massachusetts Legislature Continue reading

Authorities said that a 14-year-old Falmouth girl escaped from an attempted abduction yesterday. According to the Boston Globe, she was walking from her bus stop in the afternoon when two men in a white pickup truck approached her and attempted to force her into the truck. The girl escaped by biting the man’s arm, and the two men were spotted fleeing north on East Falmouth highway.

When people think of child kidnappings, they usually think of situations like this one involving strangers. The majority of child kidnappings, however, are committed by family members. Under Massachusetts law, kidnapping is a felony that usually involves prison time and fees. It is punishable by up to 10 years in the state prison. Since this was an attempt to commit a crime punishable by more than 5 years in the state prison, the penalty here could reach up to 5 years in the state prison.

The motive for kidnappings by strangers is typically to subject the victim to some further criminal act, such as rape, sexual assault or sex slavery, or murder. Recently, an increasing amount of kidnappings are being committed to force children into prostitution.

Sometimes kidnappings are for the purpose of extorting money or holding the victim for ransom. In Massachusetts, when the purpose of the kidnapping is extortion, it is punishable by up to life in prison.


Source: The Boston Globe, Girl escaped abduction in Falmouth, police say

Continue reading

Contact Information