Articles Posted in Assault and Battery

The Cambridge Rindge and Latin High School graduation was last week. One of the hopeful graduates, 17-year-old Pauline F. (hereinafter, the “Defendant”) was all set to take that exciting step. But things did not go as planned. Now, she needs something else…a lawyer.

You see, the Defendant was arrested at the site of the graduation before she could actually receive her high school diploma.

Police Officer Sean Lowe was working a paid uniform detail for the graduation when a commotion erupted as more than 300 cap-and-gown clad graduating students lined up to walk across the stage. According to law enforcement, the Defendant, dressed in her black graduation gown, was shouting obscenities while pacing back and forth and crying.

And why was she crying?

Well, apparently, CRLS Principal Christopher Saheed and John Silva, the security director at the high school, had told the Defendant that she would not be allowed to walk across the stage with her class. Perhaps determined not to ruin the day, the Defendant is said to have threatened that she would walk across the stage anyway and that she would slap any officer who got in her way, according to police reports.

Yes, that would be “slap” as in “assault and battery“.
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Eric P., a college student from Winthrop (hereinafter, the “Defendant”) was apparently vacationing on Cape Cod last month. His souvenirs from the trip include an arrest record and a relationship with a criminal defense attorney.

You see, the Defendant had a little trouble in Provincetown. According to law enforcement, he approached two women in the after midnight hours in front of the Post Office Café’ and Cabaret on Commercial Street, using slurs to refer to men he assumed to be gay. He apparently followed up his impressive verbiage by pushing one of the women through a window, breaking the window and causing minor injuries to the women necessitating stitches. He is also accused of punching the women in the stomach and calling them “faggots”. According to reports, both women required medical attention.

He now faces various assault charges in connection to what has been called an anti-gay attack on the woman.

The Defendant did not make it too far after the assault, however. An angry mob reportedly formed around him as he was being arrested.

The Defendant, who had been visiting with his mother who lived near the crime scene, had apparently been drinking. In fact, authorities say that he had been ejected from the Vixen nightclub before the attack.

Would it surprise you to hear that the arrest did not go too smoothly? By the time he got to Orleans District Court, he not only faced the felony hate-crime assault charges, but also charges of resisting arrest and assaulting a police officer. He has been accused of spitting at one officer and kicking another.
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A Massachusetts jury spent more than 3 ½ hours deliberating the fate of Clark Rockefeller before going home for the day. The 44-year-defendant is charged with kidnapping his 7-year-old daughter last summer. During closing arguments, the prosecution had urged the jury to think of the defendant as controlling, self-centered, and an expert manipulator-albeit with a personality disorder-Rockefeller’s defense attorney argued that his client suffers from an acute mental illness and that it was “pure madness” that drove him to take his daughter.

He also contended that there is no way that Dr. James A. Chu, the psychiatrist for the prosecution, could have properly diagnosed his client after just one 2 ½ hour session. The defense noted that its own mental health experts, who were trained in forensics and had evaluated dozens of defendants in the past, met with Rockefeller 14 times for a total of 28 hours.

Rockefeller had pleaded not guilty to the kidnapping charge by reason of insanity after he abducted his daughter on July 27 during a supervised visit. They traveled to Maryland and he was arrested six days after they disappeared. His daughter Reigh was found unharmed. He is also is charged with assault and giving police a false name.

Rockefeller’s Massachusetts kidnapping case has drawn national attention in part because of his interesting backstory. His real name is Christian Karl Gerhartsreiter and he reportedly has used five different aliases over the years, including pretending to belong to the famous Rockefeller family.

He later married Sandra Boss, who is Reigh’s mother. Boss says she never doubted her husband’s personal history until she hired a private investigator when they got a divorce in 2007. Rockefeller’s attorney claims that Rockefeller “went over the edge” after Boss filed for divorce and he lost custody of his daughter. Rockefeller believes his daughter was using telepathy to tell him that she needed to be saved.

‘Clark Rockefeller’ kidnapping case goes to jury, Google/AP, June 8, 2009
Defense closing: Rockefeller not ‘playing with a full deck’, Boston.com, June 8, 2009

Related Web Resources:
Clark Rockefeller Case Timeline, Boston.com
Massachusetts Laws, Justia Continue reading

Yesterday’s Boston Globe contained the story of a “standout” high school football star who now is not looking for a talent scout, but a criminal defense attorney. While he had been scheduled to bring his athletic prowess to college, his future is now in doubt due to allegations of demonstrating them at the wrong place and time.

The crimes alleged are of the Massachusetts assault and battery variety and have invoked further suspicion of ongoing domestic abuse.

It would appear that Mathew G., 18, of Dracut (hereinafter, the “Defendant”) and his girlfriend are parting ways. His 17-year-old ladyfriend has accused the Defendant of hitting her early Sunday morning in a rage of alcohol-fueled jealousy at a party in Lowell. Apparently, this assault included pouring beer over her head as she talked to another male. She also claims that the Defendant punched her in the face when she ran away from him, refusing to return.

The Defendant was arrested was arraigned on domestic assault and battery charges in Lowell District Court on Tuesday, during which time he pleaded “not guilty”. While both he and his court-appointed attorney have refused to make any public comment, his ex-girlfriend has indicated that this is not the first time the Defendant has struck her.

While the complainant declined a ride to the hospital, the officers say that they saw redness on her face, presumably from the Defendant’s blow.
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Being a police officer in the big city can be dangerous. We all know that. Logan Airport, of course, is within the limits of the city of Boston. So, it is not too shocking that it can be a dangerous place. Usually, though, that danger does not come inside the packaging of a Mercedes Benz SUV and presented by a Wellesley businesswoman.

It did in March, though.

Last week, she resolved the matter.

She apologized.

Of course, “my bad” was not the first reaction that Margaret G., a 57-year-old portfolio manager and former Wellesley school board member (hereinafter, the “Defendant”) offered to law enforcement in this matter.
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This week ends as last week ended. From Boston to Providence, and beyond, law makers and enforcers are struggling with how to address the problems presented by the so-called “Craigslist Killer” (hereinafter, “CLK”). The case grows almost daily as he is now facing murder charges in Massachusetts and assault/robbery charges in Rhode Island. One would imagine that prosecuting attorneys, politicians and law enforcement would be concentrating on bringing CLK to trial and working to prevent such murders.

…And you would be wrong.

Instead, the response seems to be to attack the victims’ profession and method of advertisement. In other words, do everything possible to keep sex workers like the victims in the shadows of society so that they can continue to be easy victims to people like Jack The Ripper and CLK.

The Massachusetts CLK case was the crime of murder. The Rhode Island Matter involved assault and robbery. The victims were both of the sex industry and they purportedly met CLK through the website Craigslist.com. There are no allegations of any sexual acts, voluntary or forced, having been a component on CLK’s violent crimes.

Yet, somehow, the matter is being treated as if it were about the sex trade.
Somehow, the work of a twisted killer has become the fault of the profession of prostitution as well as Craigslist’s posting of ads which have, it turns out, sometimes been fronts for said trade.

And so, this past Wednesday apparently marked a great victory for humanity everywhere. Justice is finally being done and we are one step closer to murder-free.
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It has been awhile since the daily Boston Criminal Lawyer Blog has received news from the “Hey, I’ll Bet I Can Make This Situation Worse” Club. Months ago, their members appeared quite frequently in my postings. Not to worry, though. They are back and one unfortunate member needs a criminal lawyer.

The story may strike you as familiar.

This incident took place yesterday, May 12th. The previous incident to which I refer was the subject of this blog on March 12th.

Yesterday’s scene, according to the Boston Herald, took place at the Natick Collection mall. A couple were out together, enjoying enjoying an afternoon of nice weather and theft. Lt. Brian Grassey says that, at approximately 4:00pm, two plainclothes detectives from Natick police were at the mall “and made observations of what appeared to be a store larceny unfolding right in front of them.”

In other words, shoplifting.

The suspects were a man and a woman. Mall security chased the couple from a Sunglass Hut. When the woman was detained, the gentleman decided the date was over and took off. She has been charged with shoplifting in excess of $100 and conspiracy.

While the gentleman’s evening activities with his lady-friend may have been over…the officers felt that they were deserving of some quality time with him too. They followed the man outside and detectives saw him get into his car to leave the area.
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Today, the daily Boston Criminal Lawyer Blog goes to Framingham…figuratively…where recent troubles seem to have taken place on both sides of the seriousness spectrum.

Let’s start with Adilson D., 37 (hereinafter, “Defendant 1”). He was displeased about a recent interaction with local police. So, while the rest of Massachusetts was focxussing on the weekend heat wave, he spent his early Sunday morning hours apparently repeatedly called 911 to voice his displeasure.

They did not appreciate the criticism.

Law enforcement arrived at Defendant 1’s home to arrest him, at approximately 5:47a.m., which happened, believe it or not, after a “brief struggle”, according to, Deputy Police Chief Craig Davis .

Defendant 1’s 911 complaint calls began at 4:30 a.m.. He said he was upset about being pulled over and that he had been abused by the police.

The 911 dispatcher told him to call the main phone line to make such a complaint, Davis said.

So, naturally, he continued to call 911 eight more times by 5:30 a.m.
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Over the years, as a Boston criminal defense attorney, I have come across what has become an “age old question”. The question is what are the limits of disciplining one’s own children. In days gone by, the answer was apparently “whatever works”.

Fortunately, those days are over. However, as with other types of Massachusetts domestic violence matters, the pendulum seems to have swung all the way in the opposite direction. Understand that I am not a believer of corporeal punishment and I do not engage in it with my kids. However, I have seen cases where criminal charges were brought because of one slap as a response outrageous behavior.

Where does the case of Amaurys G., 28, (hereinafter, the “Defendant”) of Lawrence, fall on the chart? You decide.

On Friday night, the Defendant was arrested and charged with Massachusetts assault and battery on his children. The kids’ behavior involved arguing over a toy car.

The Defendant’s solution?

Beating the two kids, ages 9 and 10, repeatedly with a phone charger cord and throwing a bag of oranges at his daughter.
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About an hour and a half west of Boston, there is a town called Holyoke. In Holyoke, Julius T., 29 (hereinafter, the “Defendant”) got arrested early evening on Tuesday. He is said to have assaulted a woman, kicked a police officer and thrown himself down a flight of stairs.

His story is not only of note because of his alleged rather unusual actions, but also because he is an example of how, in the System, one’s past always catches up.

The police were dispatched at 5:00 p.m. on an “unknown medical call”, according to Police Chief Anthony Scott. When they got there, the officers heard screaming from inside the address and people were gathered outside.

The officers entered and say they observed the Defendant at the top of the staircase yelling at someone inside a room.

The officers tried to calm the Defendant down. This attempt failed. So, they approached and handcuffed him after a brief struggle, according to police. The Defendant, however, continued to yell, scream and argue with others inside the residence. He apparently also told the officers that he was wanted in Florida, police said.

To help bring tranquility to the scene, another officer came to the bottom of the staircase and attempted to calm down a woman who was also yelling and screaming, according to police. Then, when Officers attempted to escort the Defendant outside, police say the Defendant allegedly threw himself down the stairs.
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