Articles Posted in Assault and Battery

How did you begin your weekend? I began mine by driving to court in Boston, doing other lawyer-like things at the office and then running home to “hunker down”, as the radio told me to do, because of the impending snow. I also dug out my car a couple dozen times.

I felt alittle put-upon by all that nasty snow.

In retrospect, though, I feel luckier. After all, 31-year-old Jason R. of Pelham, Massachusetts (hereinafter, the “Defendant”)did not have to shovel any snow on Friday, or Saturday or even Sunday. That was done for him.

In federal custody.

You see, he was arrested on Friday on federal warrants in Framingham stemming from a Pelham police investigation concerning illegal firearms possession.

Well, it was not just the fact that he was in possession of the guns…it was that he was a felon in possession of the guns.

The Defendant and law enforcement have had a bit of a stormy relationship over the past years.
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In the north of Boston, there is a little city called Salem, Massachusetts. Salem is a fun place with its own claims to excitement. A number of years ago, for example, we used to hang people for being witches. Next to Salem, is Lynn. Perhaps for more mundane reasons, Lynn tends to be a rather exciting place to live too as we have discussed in the this daily blog many times.

Last July, a Lynn man, apparently unsatisfied with the adventures that Salem had to offer, engaged in alittle excitement of his own. Well, his and his lady friends…

Michael B., 37, (hereinafter, “Boy Defendant”), and his girlfriend, Caroline T., 27 of Woburn (hereinafter, “Girl Defendant”), came to Salem two days ago to put an end to their pending criminal matter. They were coming to plead guilty .

It had been an assault case. Actually, a domestic violence assault case. A domestic violence assault case that was allegedly committed right outside the courthouse.

The alleged victim? Boy Defendant’s estranged wife (hereinafter, “Mrs. Boy Defendant”).
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In Massachusetts, the stepfather of 14-year-old Haleigh Poutre was sentenced to 12 – 15 years in state prison for his role in a near fatal 2005 beating that left the girl in a coma and with a permanent brain injury. Jason Strickland, 34, was convicted of two counts of assault and battery with a dangerous weapon, two counts of assault and battery on a child with substantial injury, and one count of assault and battery. He was acquitted of one count of assault and battery with a dangerous weapon.

Strickland and his late wife Holli had adopted Haleigh from Allison Avrett, who is Holli’s sister. Avrett signed over her parental rights to the couple because she was suffering from mental health issues and drug abuse.

Massachusetts prosecutors charged the couple with beating the then 11-year-old. Only Strickland’s case was tried in court, however, as Holli later died, along with her grandmother, in a suicide-murder.

During the trial, Strickland said he noticed that Haleigh had a number of wounds on her body, but he believed Holli when she told him that Haleigh’s wounds were self-inflicted. Over a period of five years, the girl’s doctors, state social workers, and therapists also believed Holli’s explanation and dismissed concerns expressed by teachers and neighbors that Haleigh was the victim of abuse.

While the jury believed that Strickland wasn’t there during the last beating, they believe he allowed the abuse to happen when he left Haleigh alone with Holli. Strickland’s criminal defense attorney is appealing the jury’s criminal verdict. Strickland’s mother, Bobbi says her son is being used as a scapegoat-especially as social workers and doctors also missed signs that Haleigh was an abuse victim.

Haleigh now lives in a Boston rehabilitation home. Her beating injuries placed her at the center of a Massachusetts right-to-die case when state child welfare officials sought to remove her feeding tube when it did not seem like she would recover from her coma. Not long after, Haleigh began to show signs of improvement.

Stepdad Jason Strickland gets 12-15 years in Haleigh Poutre case, Boston Herald, December 18, 2008
Jason Strickland Convicted of Beating Stepdaughter, CBS3, November 26, 2008

Related Web Resource:

Haleigh Poutre, USA Today
The General Laws of Massachusetts
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The Boston Herald reports about what are generally considered a couple of those “dirty little secrets” about the Justice System. They involve rather inconvenient truths that are particularly disconcerting, and so tend to be ignored, in the criminal justice arena.

And by the way….they are probably truths you have even suspected at times.

The first one is that, sometimes, police officers overdo it when it comes to force.

The other one is a bit more complicated, but I have faith in you that you can follow it.

Ready?

Step 1- Sometimes, people lie while under oath.

Step 2-Police officers are people
Step 3- Sometimes police officers lie while under oath.

No, this does not mean all police officers and it does not mean this happens in every case. I can tell you from experience, however, that I have experienced cases wherein police officers did not feel overly burdened by the boundaries of the truth.

Usually, these instances go without any penalty to the officer, although it is the crime of perjury just as when one of us “regular people” do it.

Not this time, though.
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Reports say that robberies are on the rise. I suppose that is not a big surprise, given the economic downturn we are dealing with.

Some of the attempts do have some entertainment value, though.
For example, let’s begin with such an attempt from earlier this very week. We turn to Lowell, Massachusetts. There, we find a peaceful scene. A grandmother and her 8-year-old grandson inside their home. Enjoying the day, perhaps happy that the snow from Sunday had stopped. Norman Rockwell type of scene.

Suddenly, there is a knock at the door.

End of peaceful scene.

Grandmother and Grandson were suddenly terrorized. A man and woman burst into the home, demanding money. Actually, they were more specific than that. With masks on, Grandmother tells us, “They kept wanting $1,000. They kept saying, ‘You got $1,000!”

Grandmother explained to them that she didn’t have that much money in the house.

The duo did not belie her. They demanded her purse, which she told them was in another room.

“So when he went for my pocketbook, I told my grandson run and get the police,” she said.

The 8-year-old did as Grandmother told him. He bolted from the house and ran about 100 yards to a gas station, screaming for help.

“I ran in there. I told them to call 911, because people in my house wanted money,” said the grandson.

Right after the child ran out, the couple fled without getting any money. They apparently sought to get away, but, naturally, ran in the same direction as the boy.
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Happy Monday. How did you start your weekend? I hear a lot of people went shopping. At Altman & Altman, LLP., we moved our offices next door.

In Fitchburg, Massachusetts, a gentleman had a high speed chase with an officer.

As usual, he did not win. He did, however, manage to injure a police officer, which successfully gained him membership into the infamous “Hey, I’ll Bet I Can Make This Worse” Club.

Of course, according to authorities, James T., 36 of Templeton (hereinafter, “Defendant 1”) had not exactly been the pillar of good judgment before the chase. There had already been a little matter of that warrant out for his arrest in connection with the robbery of the Fitchburg Savings Bank in Parkhill Plaza in April 2007.

Last Friday, police say that Detective Perry Pappas saw Defendant1 come out of a Marshall Street house around 1 p.m. and get into a black Saturn driven by a woman. The Detective followed the Saturn in an unmarked cruiser through city streets, and called for marked cruisers to help him with the arrest.

So far, so good.

Marked cruisers arrived around the intersection of Blossom and Crescent Streets. They signaled for the driver of the Saturn to stop.

That did not go over so well.

The Saturn did not stop. Instead, it drove along several more streets in the Fitchburg State College area and then hit another car at Pearl Street and Myrtle Avenue; that car, in turn, struck the cruiser driven by Police Officer Michael Rochette, police said.

The female driver of the Saturn was arrested at the scene and was taken to Leominster Hospital. Officer Rochette and three people in the car his cruiser collided with were taken to Leominster Hospital with what police said are non-life-threatening injuries.

Defendant 1, however, was not done yet.
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Former football great OJ Simpson has been sentenced to up to 33 years in prison-with the possibility of parole after 9 years-for his involvement in an armed dispute at a Las Vegas hotel. On October 3-13 years to the day that the 61-year-old was acquitted of murdering his wife Nicole Brown Simpson and her friend Ron Goldman-Simpson was convicted of 12 charges of armed robbery, assault with a deadly weapon, and conspiracy to kidnap.

During his sentencing hearing in Las Vegas, Simpson, 61, apologized to Judge Jackie Glass, saying he never intended to hurt anyone and that he was only trying to get back his property. He acknowledged he was wrong in approaching the confrontation the way that he did and said that he didn’t know that he was breaking the law.

On September 13, 2007, Simpson led a group of men, a few of them armed, into a room at the Palace Station Hotel and Casino. They were supposed to get sports memorabilia back from dealers Al Beardsley and Bruce Fromong. Simpson claims the items were stolen from him.

Simpson denies knowing that any of the men planned on bringing weapons, but two of his co-defendants claim that he told them to bring guns.

Four of the other men charged with the armed robbery crime worked out deals with the prosecution and testified against Simpson and co-defendant CJ Stewart. Simpson and Stewart were found guilty of all charges against them.

Criminal defense attorneys for Simpson say they intend to appeal the verdict. They say Simpson was unable to obtain a fair trial because of the infamous 1995 murder trial. Even though a Los Angeles jury found him not guilty of the murders of Nicole and Ron, the former football hero became a social outcast and many people in the public continue to question his innocence.

Anyone charged with any crime in the United States is entitled to a fair criminal trial-even if he or she is an infamous person or has been charged or convicted for unrelated crimes in the past.

O.J. Simpson to serve least nine years in prison, CNN, December 5, 2008
Simpson Sentenced to at Least 9 Years in Prison, New York Times, December 5, 2008

Related Web Resources:

O.J. Simpson Police Report, TMZ, September 13, 2007
The Simpson trial timeline, USA Today Continue reading

A new year is just about dawning! There is a new administration coming in to lead the country! Even our Cambridge office is moving (next door)! Let’s face it, people are on the go!

And, as goes “the people”, so goes the criminal justice system.

For example, let’s look at the case of the “Traveling Brawl Show” which opened its tents this week. It had a relatively short run, though. It ran from the evening hours of Tuesday to the morning hours of Wednesday, starting in Dennis, Massachusetts and ending in Hyannis.

It was not a “feel good” type of show, though. The star of the show, Patrick D., 27, of Dennisport (hereinafter, “Defendant 1”) performed the last act solo amidst charges of assault and battery on a police officer, assault and battery, resisting arrest and disorderly conduct.

The touring group began around 9:30pm on Tuesday at a Christy’s in Dennisport. A customer mentioned to the store’s assistant manager that a fight was underway near the dumpster to the rear of the store. The employee looked out and saw about 10 people fighting, including one with a baseball bat.

The assistant manager called the Dennis police. Meanwhile, the fight moved to the middle of Route 28, stopping traffic. The participants fled when Dennis police cruisers arrived.

According to court documents, the altercation allegedly led to two men being beat with one or more baseball bats and to the stabbing of Defendant 1 ‘s brother. The injured were taken by others, including Defendant 1 , to the hospital.

Later that night, Officer Barrette was dispatched to the hospital to stand by the victims while Dennis police were en route to take statements. Hospital security guards took Barrette into an office to observe the people who had arrived with the injured.

The officer said he saw a man run into the emergency room lobby being chased by Defendant 1 . The man stood behind a hospital guard, but Defendant 1 allegedly still punched him.
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Sometimes it’s the opposite of a chase…!

Yesterday’s daily blog focused on police chases and attempts by defendants to get away from the scene of the alleged crime.

But in Weston, on Route 117 early Saturday morning, Joaovitor R, 18, of Watertown (hereinafter, the “Defendant”) is said to have driven right into two police officers.

Literally.

Yesterday, the Defendant appeared before the court to answer various charges related to the event. Although pleading not guilty, he is being held pending a dangerousness hearing at Waltham District Court.

The event took place as Sgt. Keith Kasprzak and Officers Steve McShane and David Zampell were investigating an unrelated accident involving a pickup truck that hit a utility pole in the Conant Road area of Route 117 at 2:30 a.m. on Saturday.

As Officer Zampell was directing westbound traffic, a car approached him. It was allegedly the Defendant.

The car stopped within inches of the officer.

And then the driver hit the gas.
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North Attleboro, Massachusetts, had more than its fair share of attempted escapes from law enforcement last week. Two such cases graced the hallowed halls of Attleboro District Court last Friday.

One case involved some teenagers who led the police on a high-speed chase into the welcoming arms of Rhode Island. The teens, a 15-year-old girl and three lads of 17, all of Providence, (hereinafter, “Defendants 1”) ,allegedly broke into vehicles at an Attleboro movie theatre and then took off in a stolen car.

Defendants 1 then led the police on a chase on Interstate 295 at speeds up to 100 miles per hour. Once they reached Rhode Island, the North Attleboro police broke off the chase.

Home free?

Afraid not.

Three of them were returned to Massachusetts (one is trying to fight extradition) to answer charges of breaking and entering, vandalism charges and possession of a stolen motor vehicle. The driver also faces traffic offenses.

You see, the North Attleboro police are not alone in the world. They have friends. Take Rhode Island law enforcement, for example. Rhode Island authorities picked up the chase, which ended on Route 7 in Smithfield, R.I., when the vehicle crashed into a brushy area off the highway.

So, other than the Massachusetts charges, they all now all face related charges in Rhode Island.

While two of the above-mentioned boys were arraigned in North Attleboro District Court last Friday, they had plenty of people to talk to. For example, there was Dennis W., 23, of North Attleboro (Hereinafter, “Defendant 2”). The police say that Defendant 2, an alleged drunk driver, struck a utility pole and drove off before calling a friend to drive his car.
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