Assault and Battery

January 29, 2016

ATTORNEY SAM QUESTIONS WHETHER BROOKLINE SHOOTING/STABBING ARRESTS ARE A RUSH TO JUDGMENT

by Samuel Goldberg

Yesterday, we discussed the recent shooting/stabbing case which unfolded in Brookline this week.

“Yes, you were kind of mean to the nice Police Chief about his statements and the arrests.”

Do you think so?

“Yes and you left off suggesting that the way the police handled this matter put me in some kind of danger”.

So I did. I tend to find that when the authorities decide to make “urgent” and rushed arrests…before even thinking the whole matter through… the general population is put at risk.

“How so?”

In a number of ways. For example, one thing I often find when law enforcement rushes through to make arrests is that they increase the risks of getting it wrong. This is a reality to which, when mentioned, officers generally scoff. You will notice that they also seldom reconsider and admit that they might have been wrong.

Not solving a violent case correctly, as opposed to “expediently” puts us all in danger as the true culprits are often left unprosecuted. This should be apparent on its face. The flip side of this danger is something fewer people end up having to worry about.

This would be the folks who end up facing charges for things like home invasion, assault and attempted murder who shouldn’t be.

January 28, 2016

ARRESTS MADE IN BROOKLINE SHOOTING AND STABBING CRIMINAL INVESTIGATION

by Samuel Goldberg

It is a Boston violent story that is continuing to unfold. The ongoing criminal investigation apparently continues although law enforcement is already pointing fingers.

Wednesday, three men were wounded in shootings and stabbings in Brookline’s Coolidge Corner. Brookline police say that the violence was related to a home invasion.

Brookline Police Chief Daniel C. O’Leary explained that the incident began around 11:50 a.m. Wednesday when officers responded to a report a disturbance on St. Paul Street. When officers arrived, they say they found signs of a struggle in the stairs and hallway leading up to an apartment. One man, who was found with several gunshot wounds to the leg as well as a stab wound, was found and taken out of the apartment.
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January 23, 2016

HOLYOKE ASSAULT CASE AGAINST FORMER MAYOR IS SCHEDULED FOR TRIAL

by Samuel Goldberg

You may have been expecting to see this kind of story during our current presidential race theatrics. Sometimes, though, national political temperament is reflected by local political temperament.

I am referring to a new Massachusetts assault case pending in Holyoke. It is a case now scheduled for a trail for April 4th.

The former mayor of Chicopee, Michael Bissonnette (hereinafter, the “Defendant”) is charged with attacking Police Lt. John Pronovost on September 8th at a city polling location.
Apparently, the dispute started when the officer asked the Defendant, who was seeking re-election, to remove a campaign sticker, believing he was in violation of a law that bars campaigning too close to a voting site.

The men got into a shouting match and insulted each other.

January 21, 2016

CRIMINAL INVESTIGATIION IN MBTA DOUBLE SHOOTING CONTINUES

by Samuel Goldberg

Boston’s MBTA travelers have been having a rough time over the past year. First were the disasters of the Winter of 2015. This was followed by other types of problems such as a runaway train and threats of fare hikes. A couple of days ago, there was the example of another type of T Disaster.

Someone apparently got angry and began to shoot at people. Two men were hit. Thankfully, the injuries were not life threatening.

This is not to say that the shootings were simply random or the typically touted “acts of terror”. They followed a fight.

Hence the explosive anger.

January 11, 2016

ACCUSED MURDERER OF TODDLER IS ARRAIGNED IN BOSTON COURT

by Samuel Goldberg

Michael P. McCarthy, 35 and hereinafter, the “Defendant” went to court today. He is the gent who stands accused of actually killing the toddler known for months as “Baby Doe”.

The court was Suffolk Superior Court in Boston. The charge is Murder in the First Degree.

This was not the first time the Defendant was in court on this matter. He has been in jail since September 18, 2015. At the time, he was held without bail and the matter was in District Court.

Now, the case has been indicted. He is in Superior Court where a conviction on the charge is possible (the charge cannot be prosecuted in District Court) and he faces the sentence of Life without the possibility of parole.

December 23, 2015

HATFIELD ELDERLY MAN IS ARRESTED FOR ASSAULT WITH A GUN

by Samuel Goldberg

The holidays can be a stressful time.

There are certain do’s and don’ts that we have many times discussed as to ways in which one can release the pressure.

For example, going to a therapist or a close friend to discuss the emotional turmoil you are facing is a good one.

Taking out a handgun in public and pointing it at someone’s head tends to be a bad one.
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November 11, 2015

LAW OFFICES OF SAMUEL GOLDBERG GETS ASSAULT AND BATTERY CASE DISMISSED USING DISCOVERY TOOLS TO FIND EXCULPATORY EVIDENCE – PART 2

by Ian C. Keefe

In my last blog, I laid out the facts for a case, which was recently dismissed because we were able to uncover exculpatory evidence from the Department of Children and Families. Our client was charged with Assault and Battery on a minor (his 7 year old step-son). The child made the initial disclosure of the abuse 2 years after the abuse was alleged to have occurred at a time when the Department of Children and Families were already involved. We motioned the court, pursuant to Massachusetts Criminal Procedure Rule 17; to issue a summons to DCF for their records regarding the child at the time abuse was alleged to have occurred.
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November 3, 2015

LAW OFFICES OF SAMUEL GOLDBERG GETS ASSAULT AND BATTERY CASE DISMISSED USING DISCOVERY TOOLS TO FIND EXCULPATORY EVIDENCE

by Ian C. Keefe

A basic rule of criminal procedure is that the Commonwealth must turnover any and all exculpatory evidence (evidence which can lead the fact finder to believe the defendant is innocent) within their possession to the defense. In most cases there is rarely much exculpatory evidence, because if there were, the defendant would probably not have been charged in the first place. A problem arises when there is exculpatory evidence but it is not in the Commonwealth’s possession (even if commonsense says it should be).
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September 28, 2015

WOMAN IS INDICTED AND ARRAIGNED IN WORCESTER SUPERIOR COURT IN CASE INVOLVING CHILD ABUSE

by Samuel Goldberg

There are some cases where it is best for defense counsel to offer no comments before he receives specifics of allegations against his clients.

These include matters where there are many moving parts and competing interests.

Cases like when one’s liberty is caught between law enforcement and the caught-in-the-public’s-headlights, the Department of Children and Families.

The case of Alexandrea Delyla Chadwick, 22 years of age and hereinafter, the “Defendant” for example.

The Defendant was just in Worcester Superior Court to plead not guilty to charges that she was, at least in part, responsible for the abuse of her boyfriend’s 7-year-old son (hereinafter, the “Son”). Authorities say that the Son was starved and burned.
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September 17, 2015

Leominster Man Arrested and Held Without Bail For Road Rage Incident With 71 Year Old

by Altman & Altman

A 25 year old man from Leominster, Massachusetts is being held without bail after an incident that took place on Saturday in Barre, Massachusetts that left an elderly man badly wounded. Ryan Kobus faced arraignment on charges relating to the incident, of which included assault and battery on a person over 60 with serious injury, malicious destruction of property over $250 and disorderly conduct. Following the arraignment, Kobus was ordered held without bail and was scheduled for a dangerousness hearing next week.

The incident occurred on Saturday evening following an alleged case of road rage displayed by Ryan Kobus. Police officers received a call and went to a location near Route 122 where they found the victim lying on the side of the road. The victim, 71 year old Walter Young, was located near the Mass Water building at approximately 6:00 PM and was suffering from multiple facial injuries. Responding officers indicated that Mr. Young had been hit on his face several times and that the injuries he sustained during the ordeal were serious. The victim was transported to the hospital following the assault and has since been released. The severity of Walter Young’s injuries was not made immediately available. But responding officers have indicated that Mr. Young’s $2000 hearing aid had been completely damaged during the assault.

Police have indicated that they believe the attack took place after Walter Young, who was in Barre visiting family members, pulled to the side of the road to allow Ryan Kobus to pass after Kobus had been tailgating Young’s vehicle. It was at this time that Kobus pulled Walter Young from his vehicle and began to beat the elderly man. Kobus then got back into his vehicle and fled the scene, causing responding officers to review hours of footage in an effort to apprehend the suspect. Young provided a description of his assailant, and Police Chief Erik J. Demetropoulos said that two of his officers, Officer Joseph Brown and Sgt. James Sabourin, reviewed video from various establishments in order to determine the suspect’s identity. Chief Demetropoulos also credits the amount of responses they received via social media after the department posted a description of the suspect in addition to images of Kobus’ 1995 green Chevy Tahoe. Ryan Kobus was later arrested on Wednesday and charged with the crimes against Walter Young after being booked at the Barre Police Department.