Assault and Battery

January 16, 2009

Boston Shooting Defendants’ Attorneys Are Successful At Getting Lower Sentences And The Fury Of The Police Department

It began in early January, 2008, when three Boston men were brought to court, introduced to defense lawyers and advised of charges against them. The charges included shooting at a Brockton police officer during a chase from Brockton into Quincy.

As is usually the case, the police had won the chase and Salomao T. (hereinafter, “Defendant 1”), Faustino R. (hereinafter, “Defendant 2”) and Antonio D. (hereinafter, “Defendant 3”) were arrested.

They faced charges including possession of a weapon, assault and the like for the high speed chase and shooting.

The law enforcement community was so happy, the following was posted on January 6, 2008, about the incident at www.masscops.com:

Re: Police Chase out of Brockton, Shots Fired
________________________________________ The short version is the BPD were chasing shooting suspects in a car that fled all the way to Quincy. The bad guys are believed to have shot a few times at the cops as they were being chased. A BPD officer returned fire through his windshield (passenger officer of 2 man cruiser). A couple of cruisers crashed and so did the bad guys. 3 suspects in custody with a gun recovered.

Great Job by all involved!!!!!!!

Well, now a year later, the police are not so thrilled. Neither is the prosecutor. Who are they upset with?

Why, the judge, of course.
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January 16, 2009

In Two Separate Massachusetts Child Abuse Cases, Babysitters Sought for Allegedly Harming Two 4-Month-Old Infants

by Altman & Altman

Police in Norwood are searching for woman they say is a suspect in a Massachusetts child abuse case involving an infant. The 4-month-baby sustained a damaged rib, a fractured skull, and three broken vertebrae from the alleged incident. Now, law enforcement offices have put out a warrant of arrest for the baby’s babysitter, Sueli Soares. She is charged with assault and battery causing substantial injury to a child.

The 34-year-old woman was babysitting the baby on December 30 when she contacted 911. Soares told them that the baby started choking while she was feeding him and then fell unconscious. Doctors who examined the baby say they believe he was abused and that his injuries are signs that he may have been shaken violently.

Police say that after the alleged incident, Soares and her husband disappeared. They believe she might be an illegal immigrant. Soares had been working as the boy’s babysitter since November.

In an unrelated incident, Quincy police have issued their arrest warrant for babysitter Rabab Ghazal. The 39-year-old woman is accused of shaking another 4-month-old boy so violently on December 23 that he was hospitalized. The baby is still unconscious and in the ICU. Authorities interviewed Ghazal and the baby’s relatives. The latter were cleared of any wrongdoing.

Shaken Baby Syndrome
The act of violently shaking a baby can cause serious injury to the infant. Traumatic brain injury and head trauma are two of the injuries that can result. According to the National Center on Shaken Baby Syndrome, some 1,400 babies are injured or killed every year because their were shaken vigorously by a parent or another caregiver.

Child abuse is considered a very serious criminal offense in Massachusetts. Anyone arrested or charged with child abuse is entitled to legal representation by an experienced criminal defense lawyer.

Police seek caregivers accused of injuries, Boston.com, January 15, 2009
Norwood police seek babysitter in child abuse case, Boston Herald, January 14, 2009

Related Web Resource:
Massachusetts Law About Child Abuse and Neglect, Massachusetts Trial Court Law Libraries Continue reading

January 15, 2009

Boston Appeals Court Finds Defense Lawyer in Drive-By Shooting Case Ineffective

by Altman & Altman

On Tuesday, the state Appeals Court, located in Boston, granted Adam N. (hereinafter, the “Defendant”)’s appeal and Ordered that he receive a hearing in a drive-by shooting case in which he had been convicted in 2004. The basis of the ruling was that he had been deprived of a fair trial because his attorney was “ineffective”.

The Appeals Court sent the case back to Hampden Superior Court for the hearing. The Defendant’s appellate attorney said she is pleased with the Appeals Court ruling, although she would have preferred an order for a new trial without the hearing.

The case stems from December 20, 2002, when the Defendant is said to have participated in a drive-by shooting of two individuals, Akers and Cope, in downtown Springfield. According to the Court:

“The traffic light turned green. As Akers pulled away from the stop, he and the passenger in the other vehicle simultaneously rolled down their windows. At the same time, Akers reached to his right for the volume control on his car radio, in order to turn it down. He then heard gun shots. Akers saw the face of the front passenger and saw a flash coming from what he thought was a gun in the passenger’s hand; Cope saw flashes, but did not see the passenger’s face. The exchange lasted a few seconds. Both Akers and Cope were struck by bullets in their legs.”

The police were given the description of “three light-skinned black males, all very young looking.” The witnesses were also able to describe the vehicle as “a dark colored car, possibly a Nissan or Honda, with tinted windows”. Later, in the hospital, the shooting victims discussed their recollections and one stated that the shooter “looked like a [Defendant’s last name] that he went to school with that was younger.”
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January 13, 2009

New Bedford Man Charged with Killing His Ex-Girlfriend and Mother and Kidnapping 12-Year-Old Girl Has Prior Assault and Battery Convictions

by Altman & Altman

The Boston Herald is reporting that the New Bedford man charged with the murders of his mother and ex-girlfriend and in the kidnapping of a 12-year-old daughter has previous criminal convictions going back as far as 1992. Gary Gomes was arrested and charged last week after the two women’s bodies were discovered.

His mother Katherine Gomes’s body was found under an inflatable bed in her apartment. The body of Gary’s ex-girlfriend, Robyn Mendes, was found in another room. Both women had been fatally stabbed.

Prosecutors claim that Gomes dressed up Mendes’s body and put make up on her face after he murdered her. Gomes is also accused of going to Mendes’s house after the slayings and holding her 12-year-old daughter hostage while waiting for her husband to arrive so that he could kill him.

January 9, 2009

Boston’s Attorney General Targets Harassment And Hate Crimes

by Altman & Altman

Yesterday’s daily Boston Criminal Lawyer Blog talked about “Road Rage“. I even mentioned “Domestic Violence” cases. Today, we hit their cousin, “Hate Crimes“.

Hate Crimes is another category which brings extra focus on a case which otherwise might be a typical assault, threats or other such case. What makes a case a hate crime is the rationale behind the crime. If it is motivated by racial, gender or other kind of prejudice, it is a hate crime and gets special treatment. In fact, in the federal system, an additional count regarding civil rights violations can be brought.

Today’s example involves Debroah M. of Norwood (hereinafter, the “Defendant”) who has come to the attention of Attorney General Martha Coakley who has taken action against her. The Defendant is alleged to have repeatedly harassed a gay neighbor.

The neighbor is a tenant in the same apartment building where the Defendant lives. The Defendant is said to have been engaging in the harassment for a long time. In November, 2007, for example, officials said she began spreading false rumors that the victim is a sexual predator and pedophile.

A complaint was filed December 31st by the Attorney General. It alleges how the Defendant harassed the victim in a number of ways, including spreading false rumors that he was a sexual predator and pedophile, screaming anti-gay epithets at him, and falsely reporting to police that he had exposed himself.
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January 8, 2009

Boston-area Driving Leads To Weapons, Violence, Jail And Defense Lawyers

by Altman & Altman

Driving around Boston and environs during the winter months can be an adventure. We know that the storms are coming…they tell us the storms are coming…yet we seem to be taken by surprise when streets are slippery. Perhaps it is because we are often already angry when we are dealing with traffic issues. From my vast experience of 25 years in criminal justice I have found that even waiting patiently in a traffic jam is quicker than getting angry, acting out, getting arrested, needing a lawyer and still having to wait quietly in traffic when you get out of custody anyway.

Hey – but that’s just me.

Not everybody sees it the same way I do. For example, during the early morning hours yesterday, four people in Springfield demonstrated such an alternate viewpoint. Of course, they got arrested and I am at home writing my daily blog.

The arrests took place after a minor two-vehicle accident turned into a violent confrontation on Chestnut and State streets.

Complete with gunfire.

“When police arrived they observed a Ford Expedition leaving the scene of the shooting,” said Springfield Police Capt. Eugene C. Dexheimer. The operator of the Expedition (hereinafter, ” Defendant Auto A”) would not stop and was spotted by other officers on Route 5 near the Forest Park entrance approaching a Ford Mustang (hereinafter, “Defendant Auto B”), Dexheimer said.

Police determined the incident began as a car accident between the two vehicles, which then led to a physical confrontation.
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January 6, 2009

Boston Area Ex-Cop threatens to kill police and winds up on the side of the aisle with the defense lawyer

by Altman & Altman

Yesterday, it was a former Boston police officer who found himself on the other side of the criminal justice aisle needing a criminal lawyer.

Ex-Boston Police Officer Isaac T., 43, of Arlington (hereinafter, the “Defendant”) ‘s legal problems began in the early morning hours of this past Saturday when he was allegedly observed to be drunk and carrying a BPD badge and a loaded 9 mm handgun when he was arrested at a Dorchester bar.

“Arrested? What would bring him to law enforcement attention?”

Well, he kind of said he would shoot a cop, according to prosecutors. In fact, he apparently said that he was carrying the firearm for the purpose of doing just that, according to MSNBC.

It was Saturday at about 1:30 a.m. at the Dublin House in Dorchester. After hearing the ex-guardian of society’s comments, an anonymous call was made to 911 from the pub to report the overheard threat. The Defendant was described as a man wearing a New York Yankees hat…which is sometimes considered a crime in itself in the area.

And so it was that the police confronted the Defendant outside the bar. Actually, he was hiding in a doorway next door to the nightclub when they confronted him.

They frisked him and found the 9 mm Beretta handgun. Apparently a loyal member of the “Hey, I’ll Bet I Can Make This Situation Worse” Club, the Defendant is said to have engaged in a “violent struggle” with two officers, the prosecutor later told the court in a bail hearing.

The Defendant, it would appear, did not win that struggle.
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January 5, 2009

Metro Boston Fugitive Sought For Assault Survives To Face A Judge And Hire A Lawyer

by Altman & Altman

Boston-area police were worried that they were going to have another death on their hands. Hosea R., 33, of Newton (hereinafter, the “Defendant”), was being sought after beating a woman in her West Roxbury home early Saturday. As he eluded police, they worried he might end up needing a coroner instead of a lawyer as they feared he would try to commit “suicide by cop”.

“Suicide by cop” is a term often used in cases where a suspect engages with and fights against the police in order to avoid capture. The theory is that the suspect would actually rather be killed than be taken into custody and so they force the police into choosing between letting the suspect go or shooting him dead. It is more common when the alleged crime is a violent felony.

I will leave the choice most often taken to your imagination for now. However, thankfully, the Defendant was finally taken into custody and nobody died.

The allegations against the Defendant stem from the an incident reportedly taking place at approximately 5:00 a.m. on Saturday, the 27th of December. According to the police, the Defendant and a female friend had gone out for a night of dancing at a Randolph nightclub. Apparently, things went awry somehow and he allegedly began to punch and kick his female friend when they got to her place. By the time police arrived, the Defendant was gone. The assault victim was transported to a local hospital where she was treated for non-life threatening injuries.

The Defendant is said to have called his mother in Newton after the beating. She drove to meet him in a Dedham mall parking lot. In the meantime, the Dedham police received a phone call from “someone related to the suspect” who said that the Defendant was acting strange and talked of hurting himself. The relative further stated that the suspect said he was not afraid if the police attempted to hurt him.

And so it was that mother and son came to meet in Dedham…until they had company. When the police arrived, the Defendant fled and alluded them.
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December 30, 2008

Defendant’s Lawyer Argues That Boston Area Client Who Killed Boyfriend Is The Victim

by Altman & Altman

Slightly north of Boston, this week began with another romantic entanglement that spilled into the halls of justice. This time, it was substantially more tragic than our tale in yesterday’s daily blog. This time, somebody died. The prosecutor says that the killer is a criminal. Her defense lawyer, however, says she is the true victim, a victim of domestic violence.

Kimberly S, 30, of Somerville (hereinafter, the “Defendant”) was arraigned yesterday for murder. She is charged with plunging a kitchen knife into the chest of her boyfriend this past weekend. However, she claims that the killing of Amaldo A., 42, (hereinafter, the “Deceased”) was done in self-defense.

The Defendant, who claims to be a longtime victim of domestic abuse told police that she killed her boyfriend in the midst of another argument, according to a defense attorney and a police report filed today in court.

“Yes, I stabbed him, but he attacked me first,” the Defendant told police, according to the report.

In Somerville District Court, she pleaded not guilty to a murder charge and was held without bail. Defense attorney Maria Curtatone pointed to what she described as bruises on her client’s neck, chin, and forehead as evidence of chronic abuse.

Assistant Middlesex District Attorney Marian T. Ryan acknowledged that the couple had a history of domestic violence at their Greenville Street apartment. Neighbors said, however, that the Defendant was often the aggressor, Ryan said in court . The prosecutor also indicated that the smaller-in-stature Amado was too “embarrassed” to report the abuse.
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December 26, 2008

Call His Defense Attorney – Outside Boston Warrant Collector Is Back!

by Altman & Altman

You know, it is not just Metro Boston law enforcement who know how to investigate. They are all trained to do it. That is why I keep telling you not to try to outwit them because you are not likely to succeed. Keep quiet, comply and get a criminal defense lawyer.

Michael W., 23, (hereinafter, the “Defendant”), thought he could fool the officer who stopped him earlier this week. He was riding in a car when it was stopped for speeding in Ashland, Massachusetts. When questioned as to his identity, the Defendant apparently gave the police a false name.

Unfortunately for the Defendant, however, the name he gave belonged to someone whom the officer knew was already in jail, according to the police.

Of course, the Defendant had a reason for wanting to be someone else…there was currently a warrant out for his arrest for the crime of rape.
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