Articles Posted in Assault and Battery

This past Monday’s posting of the Boston Criminal Lawyer Blog was about a gentleman who elected the “self-help” approach to criminal justice.

It did not end too well for him.

Today’s posting demonstrates that taking said approach as a family does not work out any better than when acting solo. One could also argue that it is why this daily blog should be required reading…but that’s another issue.

This time, the place was Rockland. Michelle C., 41, of Rockland (hereinafter, “Mommy Defendant”) and her son, Jason R., 24, of Abington (hereinafter, “Sonny Defendant”) were arrested on Easter Sunday for allegedly assaulting an 18-year-old Scituate man, stabbing him twice, during a dispute.

The dispute was about clothing.

According to Rockland Lt. Barry Ashton, Sonny Defendant and the alleged victim were formally friends. They had planned to meet to exchange some clothing. You see, the complainant had a Miami Heat basketball jersey in his possession that belonged to Sonny Defendant and Sonny Defendant had a hat that belonged to the complainant.

The defendants parked a white van several houses away from the home of the complainant’s sister. The complainant and an acquaintance walked over to the van but, according to Ashton, an argument started between the complainant and Sonny
Defendant, who left the van.

Apparently, a fight ensued and, according to police reports, Mommy Defendant left the van to help her son in the fight the complainant.

The complainant was stabbed twice during the fight, Ashton said, once in the elbow and once in the back Continue reading

The daily Boston Criminal Lawyer Blog has followed the continuing problem of groping on the MBTA over the past several months.

The ongoing problem is in the news again.

The MBTA has announced an event last Tuesday which ended in the arrest of Jose V. (hereinafter, the “Defendant”). The arrest took place at the Wollaston T Station on the Red Line. The alleged crime(s)?

Multiple counts of indecent assault and battery and criminal harassment.

More specifically, the Defendant has been arrested for allegedly, and repeatedly, groping a woman several times on the Red Line.

At approximately 8:22 am, police officers were dispatched to the Wollaston T Station to meet with a woman who complained that she was being followed. After locating the woman by the fare gates, she told them that she had just seen a man walk towards her that had sexually assaulted her twice in the past.

One of the officers immediately recognized the female from reports that she had been allegedly accosted several times last year while taking the T. He asked her if the man that had just approached her was the same man that has accosted her twice before and she answered in the affirmative. According to the T, she appeared terrified and was near tears.

Officers searched the area for the suspect, who the woman described as a Hispanic male, 5-5’4″ thin build, clean shaven wearing a baseball hat and a black sweatshirt. She believed he left the area on foot, possibly heading northbound on Newport Avenue. The search expanded to the north of the station, including a Wendy’s fast food restaurant to see if any of their employees might have seen the suspect. While talking to the employees, Officers noted the Defendant, a Hispanic male who was dressed in Wendy’s working attire, sweeping the lot.
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Recently, a Pittsfield man decided to take the “self-help” approach at law enforcement, much as they did in the “old west”. Well, at least, that is what his neighbors say. What do the police say? It would appear that they communicated something along the lines of, ” You have the right to remain silent, the right to an attorney…” and so on.

The result?

He says he is the victim of theft.

The police say he is the perpetrator of assaultive behavior.

While stealing things and making threats are both illegal in the Commonwealth, it was only he who stood before the court on Friday facing a felony charge of carrying a dangerous weapon and to a misdemeanor charge of disturbing the peace.

Shaun L., 29, of Pittsfield (hereinafter, the “Defendant”), apparently believed that his neighbors stole his computer. While calling the police was one possible choice, he went for Option Two. Said option is apparently confronting at least one of his neighbors with a knife and hammer and making threats, according to Pittsfield police.

And so it was that at approximately 2:30 a.m., this past Friday, the Defendant allegedly banged on the doors of two neighboring , accusing the occupants of stealing his computer. One neighbor, told police that the Defendant had a knife and hammer during the confrontation. Another witness said that the Defendant made threats about burning down the multi-unit apartment building where he and the neighbors reside.

When the police arrived, the Defendant was found in possession of the knife and hammer.
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Today’s daily Boston Criminal Lawyer Blog features two people who are well known to the criminal justice system. In fact, one of them was featured in a posting on April 7th and can be found here.

Harold P., 41, of Lynn, (hereinafter, the “Defendant”) is a former youth sports coach and Lynn Classical hall monitor. The former hall rule enforcement official is in trouble with the law.

Again.

The Defendant had faced charges back in 2002. He had been accused of a sexual assault matter concerning a Lynn Classical student at that time. In 2005, he was exonerated.
On April 4th, 2009, however, he found himself charged with domestic violence.

This Monday, the Defendant was arraigned at Lynn District Court. He posted $200 bail, but reportedly fled court before he was supposed to. Because of that, he now has an outstanding warrant out for his arrest.

“It’s all a big misunderstanding,” said Lynn native and Boston attorney Gary Zerola. “He has never failed in his obligations and he just misunderstood what he was supposed to do.”
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He is a famous Boston Defense Attorney…but not necessarily for his legal work. Mainly, it is his role of client that has brought Attorney Gary Z, 37, (hereinafter, the “Defendant”) to his present notoriety. Well, there was also that 2001 People Magazine that named him as one of the “hottest” bachelors around…!

But I digress.

The Defendant, a former prosecutor in Suffolk County, has been spending alot of time, both in and out of state, at the table on the other side of the room for the past few years. These matters included things like rape allegations brought by three different complainants.

All three complainants lost; the Defendant was acquitted twice; the third case was dismissed.

Most recently, the Defendant was on trial at the Boston Municipal Court for charges of Massachusetts assault and battery . He was accused of assaulting Boston police Sgt. David O’Connor along with the accompanying charges of disorderly conduct and resisting arrest. The allegations resulted from a June 18th Celtics game which erupted in what has been called “NBA Championship Fendemonium”.

O’Connor alleges the Defendant slugged him and fled when the officer caught him urinating in public. The Defendant, however, maintains it was he who was the victim of a vicious downtown beatdown by a half-dozen cops.
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Two disturbing stories involving the victimization of young girls have recently surfaced. The facts alleged in both cases defy belief…for most people. I, however, have been a criminal defense attorney in Boston for over nearly 20 years. Before that, I was a prosecutor in Brooklyn. I am sorry to say that these fact scenarios, horrific as they are, are not totally new to me.

In fact, I have handled similar cases.

You have probably already heard about the first of these stories – it was all over the news on Thursday. It involves a mother who has been accused of stabbing her 2-year-daughter with a scissors and trying to strangle her with an electrical cord in Gardner Wednesday night.

Susan J., 38,(hereinafter, the “Mother”) allegedly stabbed her daughter in the torso, head, and neck in a laundry room of an apartment building. The child was rushed to Heywood Hospital in Gardner and taken into custody of the Department of Children and Families.

When police arrived at the apartment building, a security guard had pinned the Mother to the floor of the laundry room, keeping her away from her bleeding daughter. Police arrested the Mother on charges that include attempted murder, armed assault with intent to murder, and assault and battery on a child with injury.
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Eric S., 46, of North Andover, (hereinafter, the “Defendant”) is home again…for now. In fact, he is actually confined to his home and ordered to wear a bracelet monitoring system. Through the apparently successful arguments of his attorney, he is not being held in jail without bail.

But it was a close call.

The Defendant’s latest round of legal trouble resulted from a the execution of a search warrant which was served at his home on March 23rd. Police say that they found a .38-caliber revolver, 12 grams of cocaine, $70,000 cash, and pills believed to be oxycodone and Ecstasy. He was charged with possession of a firearm without a license, possession of cocaine with intent to distribute, and possession of cocaine.

That was not the start of his problems, however. The previous evening, he had been arrested as well. That time is was on another kind of warrant – arrest warrants. The warrants had been issued in Tyngsborough where police say that he was involved in an incident early Sunday morning, March 22, at Angela’s Coal Fired Pizza, a restaurant owned by his wife.

During the Sunday morning incident, the Defendant allegedly beat a manager of the restaurant with a baseball bat, stuck a gun in his mouth and accused him of stealing $20,000 cash. The manager suffered a cut lip requiring stitches and bruises on his body from repeated strikes with the bat, police said.

For that incident, the Defendant was charged with kidnapping, assault and battery with a dangerous weapon, and threatening to commit murder.
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As any regular reader knows, the daily Boston Criminal Lawyer Blog regularly announces membership news of the “Hey, I Bet I Can Make This Situation Worse” Club. Today, to the north of Beantown, we have a new member…who should be national chairman.

When he gets out of custody, that is.

Tyler L., 20, (hereinafter, the “Defendant”) had a bad couple of days recently. First, he decided against showing up for a court date for a recent Massachusetts Assault and Battery matter (alleged victim: his mother…making it a domestic violence situation). The next day, he led the police on a 10-mile chase.

He did not do so well in either matter. The police caught him. So did the warrant for not showing up in court.

Now, Judge Mori at Salem District Court has revoked the Defendant’s bail in that pending case and set additional bail of $5,000 on the new charges stemming from Friday’s police pursuit.

The Defendant was driving a red Honda coupe with an equipment violation at about 2 p.m. on March 20 when it caught the attention of Officer Darlene Prinz. The Defendant then allegedly did what any straight-thinking nominee to the HIBICMTSW Club with a warrant out and having a police car behind them.

He blew a stop sign.
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We have heard some real horror stories regarding people in the financial industry lately. The name “Bernie Madoff” still brings shivers to many people’s spines. Since the discovery of Madoff’s white collar crimes, other such crimes seem to be coming to light. You have read a number of these in this daily Boston Criminal Lawyer Blog.

But a certain former senior vice president from a white-shoe Boston wealth management firm has gained notoriety in a different way.

He is alleged to be a flasher.

Stephen B., 40, (hereinafter, the “Defendant”) was arrested on March 11th for exposing himself to young women and is also being eyed as the flasher dubbed the “campus flasher” who preyed on Wellesley College students, according to the Boston Herald.

According to law enforcement, the Defendant was spotted by campus police while he was fondling his exposed genitals. He was charged with indecent exposure and open and gross lewdness, said Wellesley Police Deputy Chief Bill Brooks. If convicted, the Defendant will have to register as a sex offender.

The Defendant also is being eyed in connection with other lewd acts that prompted a “campus crime alert” last month, two law enforcement officials said.
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Boston waits, along with the rest of the world, for the next episode of the latest show biz soap opera. In case you have not heard…it involves Chris Brown and Rihanna, two well-known stars in the music world. The next episode is expected to air in April, when Mr. Brown is scheduled to be arraigned on charges of assault likely to cause great bodily injury and making criminal threats. The complainant? His girlfriend and fellow star, Rihanna,

The plot twist?

Rihanna seems to be on the side of her battling beau.

On a previous episode, the judge was ready to order Brown to stay away from Rihanna, as is customary in Domestic Violence cases. But the objection came from Rihanna, who asked the judge not to prohibit such contact while he faces these felony charges.

The judge granted her request, but ordered that Brown not abuse or intimidate her in the meantime. According to her attorney, that was “more than sufficient”.

Whatever that means…!
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