Articles Posted in Assault and Battery

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Ok, here is the scene:

You are home at night with your loved ones. There is a knock on the door. You answer it. It is the police.

You ask them what is wrong and they tell you that you assaulted the girl who lives down the street.

You know you didn’t, although you do know she has…issues. So, you tell the police that you have not done anything to her, but that you know she is a troubled kid.

“So, you do admit you know her, right? I mean, know her well enough to know that she has problems?”, they ask.

You answer that you do.

They suggest that you come down to the station so that you can all discuss this in more detail.

You go.

At the police station, you are brought to a room and questioned for hours. Funny thing, while they were interested in the girl’s issues for a while, they have suddenly seemed to decide that you are lying to them. The questioning goes on for hours. They do, however, keep inviting you to tell them what they want to know. They tell you that things will go much easier.

Regardless of what you tell them…they lock you up. From there on, you are considered by most to be guilty of whatever it is that she says you did.
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In today’s daily blog we continue our Halloween Theme Week with a salute to the festive spirit…including those who do not even wait for the holiday they are celebrating to arrive.

‘Tis the season for Halloween celebrations! Parties are almost mandatory for some good old fashion evil-tinged fun. What better place than Lynn for a backdrop of such a party. After all, you have heard the old saying, “Lynn, Lynn, the city of sin…!”

And so it was that various Halloween revelers partied hearty this past Friday night and into Saturday morning. By 1:00 a.m., the crowd had apparently thinned out to an intimate group of between 60 and 70 people.

In these troubled times, one just cannot have too much fun…so they wanted the party to continue. They just did not want to leave. Somebody somewhere disagreed, however, and the police were called to disperse the crowd.

Did I mention that the crowd did not wish to be dispersed?

And so it was that a disagreement of sorts took place between the police and the dispersement-challenged in West Lynn, Massachusetts.

Well, kind of a physical disagreement.

Alright, it was a fight.
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Unfortunately, domestic violence of varying kinds are all too prevalent in today’s society. As a criminal defense lawyer in Boston, I have seen very disturbing situations. I have written many times in this daily blog about how easy it is to get arrested and how sometimes all it takes is to anger the wrong person. I have handled many times where allegations of domestic abuse and attempts to get restraining orders are, in my opinion, simply a matter of strategy to gain the upper hand in a relationship gone bad. However, domestic violence does indeed occur and does have to be handled seriously.

A rather interesting love story unfolded this past week. On Wednesday, Denise F., 36, of Dartmouth (hereinafter, the “Defendant”) was arraigned in New Bedford District Court on charges that included armed assault to murder, assault and battery, and assault and battery with a dangerous weapon.

According to police, the Defendant’s live-in boyfriend returned home late from his birthday party late Tuesday night. This, apparently, was not acceptable.

Shortly thereafter, the police arrived pursuant to a call to 911. They found the boyfriend bleeding from his abdomen, having been stabbed. Inside the apartment, police found a bloody knife on a kitchen counter, court records said. Near the knife was a note.

The note, allegedly written by the Defendant, was an apology. It read, “I’m truly sorry for doing this to you, but I don’t love you. I never did. OK.”

The boyfriend, it would appear, took the apology to heart. He refused to go to the hospital and refused to try to get a restraining order against the Defendant. Perhaps he felt somewhat responsible. After all, he had apparently been warned. He told the police that the Defendant had threatened that she would stab him if he was not home by 10 p.m. from his birthday celebration, court records said. Clearly, he had missed the deadline.
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“Why?”, you demand. I can hear you through the computer screen. Each day for about a month and a half, I have posted this daily blog suggesting that, if you find yourself on the nasty end of an investigation or criminal charge, you should consult an experienced defense lawyer as soon as possible.

“Lawyers are expensive”, you tell your computer. “I’m pretty bright…I bet I can talk my own way out of such problems. Besides, I don’t think I did anything wrong…much.” Perhaps you are the more action-oriented type who has already planned out your escape route and how best to out-drive, out-run or out-fight the police officers who might approach you at an…awkward moment.

“Besides”, you say, “I don’t like lawyers”.

Well, who does? But that’s not the point.

Ok, after many blogs about what not to do…let’s look at a case that shows how having a lawyer involved might actually help.

Kenny M., 30, of Lynn, (hereinafter, the “Defendant”) had a case pending in Salem Superior Court. He had been indicted on charges involving the trafficking and possession of drugs and guns…a frequent coupling that tends to make people nervous. He was arrested this past April.

This past Monday, the case had to be dismissed.
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…Gee, and it seemed like such a controllable Commonwealth.

The Red Sox faced the ultimate test again Sunday night. And failed. Sorry ’bout that. But, Boston officials had braced for any resulting outcry of emotion that might…overflow… into violence; they warned everybody to stay away from Kenmore Square, the area in Boston where exists Fenway Park…home of the Sox.

While thousands of fans packed Tropicana Field in St. Petersburg, Florida for the game, officials in Boston closed several streets to vehicular traffic and restricted parking in the area surrounding Fenway Park. Police cadets even handed out flyers, asking fans to celebrate…or the other… responsibly.

“I think they are excellent, given what has happened in the past here. I also appreciate that they were so on top of handing them out to everyone. As soon as you came down here, hours before, they were handing them out,” one fan said. The flyer warned against the crimes of unlawful assembly, disorderly conduct and disturbing the peace, as well as the punishments for them. It also warned about the strong police presence. “Enjoy yourself, but stay on campus. Don’t come down to Kenmore Square. If you come down to Kenmore Square, there will be a force of Boston police there,” Boston Mayor Tom Menino said.

Well, Fenway was under control…but people staying in their neighborhoods turned out to be a mixed blessing. Fox example, Gloucester had a few people who might have found those leaflets handy.

Police responded to early morning reports of an unwanted guest at the home of M.N., 17, (hereinafter, “Defendant 1”). When they reported to the scene Melissa S., 37 (hereinafter, “Defendant 2”) was banging on Defendant 1’s door and appeared to damage it. Defendant 2 was taken into custody on charges of malicious destruction of property over $250 and disorderly conduct. When police ran a check on Defendant 2, they found that she had an outstanding warrant for speeding and driving without a license.
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Here is a cautionary tale out of Lynn, Massachusetts, that could have ended much differently.

On Monday night, shortly after 10:00pm, Jackeline H., 26, of Haverhill, (hereinafter, the “Defendant”), earned the Commonwealth’s Bracelets of Shame after an alleged robbery.

According to the police, a certain unnamed gentleman (hereinafter, “Mr. Unnamed”) had just dropped off his girlfriend at her home and was now sitting in his car on Lewis Street, perhaps lost in thoughts of a lovely romantic evening, with a pile of cash just lying in the center console. $240 in cash to be exact.

Suddenly, according to the police, the Defendant suddenly appeared out of nowhere and jumped into the “Car o’ Cash”. She asked the driver if he wanted to buy a pair of sunglasses.

He answered “No”

At that point, the Defendant took the more direct approach and allegedly grabbed the money and jumped out of the car.

Mr. Unnamed, then, followed her down the street demanding his money back. This continued until the Defendant allegedly said she had a screw driver and, “Don’t come any closer or I’ll stab you,” according to a police report.
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Today is Columbus Day. As we honor the adventurer who is celebrated as the man who discovered America (although other people were already living here at the time), I think it appropriate that we recognize other valiant efforts at similar discoveries. However, being that this is a daily Criminal Law blog, we unfortunately have to focus on a few not-so successful voyages.

It turns out to be easy, though; last week was not a particularly good week for voyagers to the other side of the law, especially south and west of Boston.

Let’s turn first to Tuesday in Warren, Massachusetts, where the police believe they have linked a suspect to three recent break-ins. This gentleman, Matthew W., 24, (hereinafter, “Defendant 1”), was captured thanks to his alleged intended victim – a 78-year-old woman who confronted him in her bedroom and chased him out the window.

Defendant 1 is currently being held at the Hampshire County House of Correction in Northampton, awaiting trial on charges out of Ware. Tuesday, he was arraigned at Western Worcester District Court in East Brookfield on nine counts related to three break-ins.

According to court documents, the intended not-so-helpless victim was inside her apartment in West Warren about 9:30 a.m. when she heard a voice yelling “Hello, Hello,” outside her bedroom window. She went to the window and saw a young man, who asked if she’d like him to mow her lawn. She declined and he asked her if she got out much.
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Ever get frustrated at the airport? Maybe the unusual experience of a delayed flight inconvenienced you. Perhaps you did not like the meal. It could be there was no meal. Believe it or not, I have even heard of extreme instances where flights were actually cancelled!

If any of these events happen to you….today’s daily blog gives an example of what not to do.

42-year-old Framingham resident Arthur N. (hereinafter, the “Defendant”) had a tough couple of days with US Airways. Things began in Las Vegas on Sunday. His flight to Boston was delayed for seven hours because of mechanical problems. He was not a happy man when finally allowed to board. So, he decided to partake of clever repartee. Perhaps it was the flight crew’s error of asking how he was. His response was that he had pneumonia.

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William Shakespeare once told us that a rose by any other name would smell as sweet. His point was “What’s in a name?” A gentleman from Chicopee, Massachusetts, apparently agrees with him. In Chicopee, he is known as Felix Maldonado. In Waterbury, Connecticut, however, he was known as Alfredo “Eddie” Gonzalez. But to us, as well as the criminal justice system, he is now known as the Defendant.

The Defendant, 43, is currently being held without bail in Connecticut, courtesy of the Commonwealth of Massachusetts, where his various identities were finally meshed. He was returned to Connecticut in August to face 18 outstanding arrest warrants dating back to 1995 and 1996.

He had been alluding authorities for years by moving around and using a variety of aliases and birth dates, police said. After all, what good is a new identity without a new birthdate to go along with it?

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It is almost as if members of law enforcement have been reading this daily blog and decided to help me illustrate one of its chief lessons. The lesson?

Anybody can find themselves facing criminal charges…even someone you least expect. Maybe even you.

Today’s defendants come to our attention by crossing the aisle from the other side of the trenches.

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