Boston Criminal Lawyer Blog

October 16, 2019

Supreme Judicial Court overturns manslaughter charge in UMASS overdose case

The Massachusetts Supreme Judicial Court has overturned a manslaughter conviction that was handed down to a New Hampshire defendant following incidents where he, on two occasions, supplies a UMASS Amherst undergraduate student with heroin, which resulted in his eventual overdose six years ago, in October of 2013.

In 2017 Jesse Carrillo, the defendant who was a graduate student at UMASS at the time, was found guilty of heroin distribution and involuntary manslaughter, as the lower court argued that supplying the heroin that eventually resulted in the death of 20-year-old Eric Sinacori should result in the supplier shouldering responsibility for the young man’s death.

But the SJC disagreed with that opinion following Carrillo’s appeal of the sentence.

October 7, 2019

Another sentenced in college admissions fraud scheme

by Altman & Altman

A California man has become the second affluent parent to be sentenced to serve jail time in relation to a wide-reaching fraud case involving college admissions. Devin Sloane, CEO of a Los Angeles water and wastewater treatment facility, was sentenced to serve four months, plus two years of supervised release, complete 500 hours of community service and pay a $95,000 fine in federal court in Boston on Sept. 24. He originally plead guilty to his charges in May.

Sloane is the second parent, the first being actress Felicity Huffman – who received a two-week prison sentence earlier in September – to be convicted of making fraudulent claims to a high-profile university as part of a scheme to get their children accepted into the school. A third parent, a Chinese foreign national, was also indicted on the same day of Sloane’s sentencing for allegedly paying $400,000 to get her son admitted into UCLA as a soccer recruit, despite never playing the sport competitively.

In Sloane’s case, not only did he knowingly defraud the University of Southern California (USC), he also lied to government officials at the IRS and directly conspired with the scheme’s admitted mastermind, William Singer, who is also awaiting trial. In total, there are 52 current defendants charged in connection with the college admissions scandal.

The Sloane case demonstrates another example of a wealthy parent utilizing outright fraud to trick a university into granting admission to their child. Sloane, according to federal prosecutors, took multiple steps to fraud USC into believing that his son was an aspiring water polo star, despite his son never playing the sport. He went so far as to purchase water polo equipment online, staged a fake photoshoot of his son playing the sport in their family pool, and then went so far as to hire a graphic design team to alter the photos to make it appear as though he were playing competitively.

The brazenness of Sloane’s case goes farther, as he paid $250,000 in a direct bribe to compromised USC officials to facilitate the fraud. When high school counselors of Sloane’s son – who knew he had never played the sport at any level – questioned how he was being recruited to play the sport at a collegiate competitive level, Sloane reportedly exhibited anger that he should even be questioned. Sloane would also cover up his bribe to USC by reporting it as a donation from his mother, who is deceased. Continue reading

November 29, 2018

Hate Crimes on the Rise in MA

by Altman & Altman

A hate crime is defined as a prejudice or bias-motivated crime that occurs when a victim is targeted because of his or her membership in a particular race or social group. Even if the victim does not actually belong to that group, the act can be classified as a hate crime if such “membership” was perceived. Perpetrators of hate crimes often target an individual based on gender or gender identity, sexual orientation, ethnicity, race, or religion. This is not, however, an exhaustive list.

Hate crimes and hate speech are distinctly different. Whereas hate speech is criminalized in and of itself, hate crimes involve a crime that exists even without the bias or prejudice but is elevated due to its prejudiced nature. For example, assault is a crime, but if a white Christian man assaults a black Muslim man, it may be classified as a hate crime.

According to a report released by the FBI on Tuesday, hate crimes are on the rise in MA. In fact, this type of criminal act increased by eight-percent from 2016 to 2017.

November 14, 2018

Alexa Asked to Testify?

by Altman & Altman

In January 2017, the bodies of 32-year-old Jenna Pellegrini and 48-year-old Christine Sullivan were found under a backyard tarp at a home in Farmington, New Hampshire. Each woman had suffered multiple stab wounds. Among the evidence collected at the home was an Amazon Echo smart speaker (commonly referred to as Alexa), which the prosecution believes may have recorded crucial sounds during at least one of the murders.

Last week, a spokesperson for Amazon said that the retail giant will not release information “without a valid and binding legal demand properly served on us.” But it looks like that information will soon be on its way. Amazon was ordered by Judge Steven Houran to release all recordings, as well as any relevant data, such as whether anyone’s phone was linked to the Echo device. A Boston criminal defense lawyer can help you determine how to proceed if you’ve been charged with a crime.

“The court directs Amazon.com to produce forthwith to the court any recordings made by an Echo smart speaker with Alexa voice command capability,” wrote Judge Houran, “from the period of January 27, 2017 to January 29, 2017, as well as any information identifying cellular devices that were paired to that smart speaker during that time period.”

Timothy Verrill was arrested and charged with the murders of Pellegrini and Sullivan. Verrill, an acquaintance of Sullivan’s boyfriend, pleaded not guilty to the double murder charges. According to surveillance video, he knew the home’s security code and had been there with both women prior to the night of the murder. Investigators believe that Alexa may have been activated by “wake words” or someone saying “Alexa” from its location in the kitchen, where they believe Sullivan’s murder was committed.

The involvement of tech in criminal cases is quickly becoming commonplace. In October, a Fitbit contributed to a murder suspect’s arrest, and Amazon had to produce data from another Echo device in a 2015 murder investigation in Bentonville, Arkansas. Although Amazon argued its First Amendment rights in that case, the defendant consented to the release of data. A MA criminal defense attorney can help you protect your rights if you’ve been charged with a crime.

Privacy vs. Information

Amazon also attempted to avoid this most recent request, saying it was in violation of customer privacy, but Judge Houran disagreed. The argument of privacy vs. information isn’t expected to disappear any time soon. In fact, in a world where nothing is considered to be of value unless it’s recorded and/or shared, the battle has likely only just begun.

Smart devices, such as Alexa, Siri and Google’s Home assistant, are in millions of homes across the country. In addition to playing music and answering questions—such as what’s the weather today and who was the first female supreme court justice—smart devices record what people say. And that recording doesn’t just disappear into the ether. It is sent to a server, where it is…well, we can’t answer that for certain. What is happening to these recordings, and who is listening to our most intimate conversations?

I guess the better question is, what is your privacy worth to you? Continue reading

November 2, 2018

Criminal Investigation Opened in Columbia Gas Home Explosion Tragedy

by Altman & Altman

In early September, a gas pressure issue in Columbia Gas lines caused 131 Massachusetts homes to explode or catch fire. The tragedy resulted in one death and 23 injuries. Homes and businesses were destroyed, thousands had to be evacuated, and—more than a month later—many victims remain homeless, or without heat. Columbia Gas and its parent company Nisource Inc. have understandably faced heavy criticism from the victims and the general public. But the situation stands to become even more complicated.

A federal grand jury served Nisource with subpoenas on September 24, just two weeks after the explosions. The National Transportation Safety Board (NTSB) is also conducting an investigation. A Boston injury lawyer can help you determine how to proceed if you’ve been injured due to the negligence of another.

Further information about the nature of the investigation is as yet unavailable, and a spokesman for the company declined to answer questions Thursday.

“We are cooperating with all investigations and inquiries into the Lawrence event, including the criminal matter. However, we can’t speak specifically to any of those inquiries,” said NiSource spokesman Ken Stammen.

But Why is it Criminal?

According to the NTSB, Columbia Gas workers, who were tasked with replacing old pipes in Lawrence, were given bad work orders by the company. The orders failed to acknowledge the existence of a pressure-sensing feedback line, which resulted in high-pressure gas being pumped into the system, and the subsequent explosions.

“We’re sharing information we think is of interest that investors need to know about,” said Ken Stammen, a Nisource spokesperson. “Beyond that, there are limitations around what we can say about investigations.”

Leonel Rondon, an 18-year-old Lawrence man was killed in the September 13 explosions and many more were injured.

“I think it’s appropriate and right to do,” said Dan Rivera, Lawrence Mayor, when asked about the criminal investigation. “A young man lost his life and the city was turned upside down.”

Nisource Linked to Three Previous Explosions

Considering Nisource’s history, such a deadly error is even more disturbing. The company is linked to three prior gas explosions.

In November 2012, a Columbia Gas of Massachusetts explosion destroyed the Scores strip club in Springfield, MA and injured 21. About a dozen nearby buildings were also damaged.
In December 2012, a gas pipeline operated by Columbia Gas Transmission exploded in Sissonville, West Virginia, destroying three homes and propelling a 20-foot section of pipe through the air.
In March 2015, an “improperly abandoned” Columbia Gas of Ohio service line exploded, causing $9 million in structural damage.

Many of Nation’s Oldest and Leakiest Pipes are in Boston

A recently-published USA TODAY report reveals that tens of thousands of miles of old pipelines need upgraded across the country. Many of these are in Boston and the surrounding suburbs, which have some of the nation’s oldest and leakiest pipes. This “silent danger” has caused a general sense of alarm among MA residents, but Nisource President Joseph Hamrock says that they are working hard to resolve the problem.

“This tragic event has been a humbling experience for all of us at Nisource and Columbia Gas,” said Hamrock. “We realized that much work lies ahead of us to finish our service restoration in Greater Lawrence, and regain the trust of our customers and the communities we serve.”

According to Nisource, approximately 8,500 gas meters had to be shut down for service following the explosions. About 700 of those belonged to area businesses. A MA injury attorney can help you recover damages if you’ve been injured due to another’s negligence.

Columbia Gas initially reported that the thousands of customers impacted would have gas by November 19, but they updated that date to December 16, last week.

Insurance Payments Will Cover Most of Nisource’s Expenses

Although the September tragedy has already cost Nisource about $462 million, most of those expenses will be “substantially recovered” through the utility company’s insurance policy, which has a limit of about $800 million. The $462 million accounts for approximately $415 million in personal injury and property damage expenses, and the remainder will be payments to utility companies that helped with the restoration project. In addition to the criminal investigation, Nisource will likely face civil suits from victims of the explosion. Continue reading

October 24, 2018

Assault and Battery Explained

by Altman & Altman

Assault and Battery are common crimes in Massachusetts, whether together or as stand-alone offenses. But most people don’t really understand the conduct behind each of these crimes. It is common for someone to refer to a certain act as an assault, when they really mean battery, and vice versa.

Assault and Battery Distinguished

Assault is an act that creates a fear of imminent, harmful, or offensive conduct. Battery is the crime that occurs when the harmful or offensive conduct is carried out. The key distinction between the two crimes is that for battery, there has to be a touching. If there is no touching, but the victim is in fear of a touching, that crime is an assault. For example, if a person attempts to punch another person, but misses, he/she may be charged with assault. If there is a touching (the punch lands), the charge will likely be battery.

October 2, 2018

What to Expect if You Are Charged with Cocaine Possession or Distribution in MA

by Altman & Altman

In Massachusetts, cocaine is among the most heavily trafficked drugs. It is a Class B illegal substance, along with many prescription opioids. In other words, it is a crime to possess, manufacture, or sell cocaine in the state of Massachusetts. Most cocaine-related offenses (whether the drug is in powder or rock form) are considered felonies, the most serious type of crime. Massachusetts laws impose severe penalties for cocaine offenses, due in part to the threat of violence that often arises in the drug’s trade. Federal law also prohibits the possession, manufacture and sale of cocaine and other illegal drugs.

Possible Penalties

If convicted of a cocaine related offense, you may face the following penalties:

October 1, 2018

Second OUI Offense in MA? What Now?

by Altman & Altman

In MA, a second offense for operating under the influence (OUI), also known as drunk driving, has serious consequences that can impact you and your family. As explained below, these penalties include substantial fines, loss of license, and even time behind bars.

If you have been charged with a second offense OUI, you may be feeling scared and alone. But you are not alone. OUI is the most common charge in Massachusetts courts, and we are here to help. The good news? As long as no one was injured as a result of the OUI, a second offense will be charged as a misdemeanor. If, however, your offense involved an injury accident, you may be facing felony charges. The information below may help you make the best decision for you and your family.

What Counts as a First OUI?

September 28, 2018

Bill Cosby Behind Bars for Up to 10 Years

by Altman & Altman

Bill Cosby has been sentenced to three-to-10 years imprisonment for the sexual assault of at least one woman, although dozens more have come forward. This week, he began his time behind bars in a single cell at SCI Phoenix, a newly-opened state prison that can hold nearly 4,000 inmates, but he is expected to join the general population in time.

“We are taking all of the necessary precautions to ensure Mr. Cosby’s safety and general welfare in our institution,” said Corrections Secretary John Wetzel.

Last week, a jury concluded that the 81-year-old comedian drugged and molested a woman in 2004. Cosby’s family has said that his conviction on three counts of sexual assault is unjust, and has called the trial the “most sexist and racist” trial in the history of our nation.

But Montgomery County Judge Steven O’Neill didn’t see it that way.

“No one is above the law. And no one should be treated disproportionately because of who they are, where they live, or even their wealth, celebrity or philanthropy,” said O’Neill, in response to his above-average sentencing. A Boston sexual assault attorney can help you determine how to proceed if you’ve been harmed by another.

More than 60 Women Have Come Forward

In April, Cosby was convicted of drugging and assaulting Andrea Constand, Temple University’s women’s basketball administrator. The conviction came after an onslaught of accusations from other women—more than 60 in total—who claim Cosby assaulted them. The accusations span a period of five decades. So far, Constand’s case is the only one to go to trial.

Advocates for women’s rights see Cosby’s tough prison sentence as a pivotal #MeToo moment.

“Bill Cosby seeing the inside of a prison cell sends a strong message that predators — no matter who they are, from Hollywood to Wall Street to the Supreme Court — can no longer be protected at the expense of victims,” said the National Organization for Women of New York’s president, Sonia Ossorio.

In addition to the potential for up to 10 years behind bars, Cosby must serve a minimum of three years before he is eligible for parole. In addition, Cosby was ordered to pay a $25,000 fine, and his designation as a “sexually violent predator” means he will have to get regular counseling even after his release, and schools and other such institutions will need to be notified of his whereabouts if he moves to the area.

Cosby Drugged His Victims

According to Constand’s testimony, Cosby gave her “herbal” pills to ease stress, but the pills actually contained a strong drug that made her completely unable to move as he began to penetrate her with his fingers. After Constand was awarded a $3.4 million settlement, Cosby’s attorneys accused his victim of being a “con artist” who just wanted a big payday.

Constand reported the assault to police about a year after the alleged incident occurred. But the district attorney refused to take the case. A decade later, another district attorney reopened the file and charged “America’s favorite dad” with sexual assault. A MA sexual assault lawyer can help you recover damages if you’ve been sexually assaulted or abused.

In this most recent trial, five other women came forward as part of the prosecution’s effort to portray the television star as a serial predator. Cosby admitted to giving quaaludes to women he wanted to have sex with. Continue reading

September 5, 2018

New Sealing and Expungement Laws in Massachusetts – Starting October 1st 2018

by Altman & Altman

New Sealing and Expungement in Massachusetts – Effective October 1st, 2018.

The sealing and expungement laws in Massachusetts have been revamped and will be taking effect on October 1, 2018. While the procedures, time lines and nuances have yet to be worked out, there is a lot that is clear and known.

Prior to October 1, 2018, in order to have a felony conviction sealed, one would have to wait 10 years from his guilty finding and/or from when he was released from prison or jail. The new law will change that waiting period from 10 years to 7 years.