Articles Posted in Criminal Law

…And so the nationally known South Hadley bullying criminal case that began as a bombastic farce goes out with a face-saving and clearer headed whimper.

As you have probably heard, and as we discussed in previous blogs, all but one of the teens indicted last year by, to be undeservingly generous, overzealous ex-district attorney Scheibel, have had their cases resolved. While one remains awaiting trial for a typical Massachusetts statutory rape charge (hardly a bullying issue), the other kids have resolved their cases as misdemeanors.

The dispositions ranged from guilty pleas to misdemeanors to continuances without findings. The latter means that, so long as that particular defendant stays out of trouble after a probationary period, the matter will be dismissed. In the various cases, of course, the fact that they were initially charged as they were did the damage to each defendant’s criminal record. At best, it will be several years before these high school students can potentially seal their records and so moving on to college and/or employment will be even more of a challenge than it already is for the general public.

Although she spent much of her time in giving a victim-witness statement blaming her daughter’s ex-boyfriend, Phoebe Prince’s mother, Anne O’Brien, apparently agreed to these dispositions. In her statements, she included the following statement:

“Phoebe ended her pain brought about by harassment, harassment that could easily have been stopped if any of those involved had ever reached inside themselves to find their own compassion.”
Continue reading

Maine ‘s Krista Dittmeyer’s body has been found. The mother of the infant who was found in her car is dead. Meanwhile, a Lowell man needs a Massachusetts murder attorney as he is accused of killing his wife. Two Roxbury handguns were recovered by police after chasing and apprehending two individuals.

None of these stories are the subject matter of today’s blog. Instead, let’s deal with a real issue. Something that is really causing consternation to the Commonwealth’s law enforcement community. After all, they are our protection and the keepers of our liberty, aren’t they?

Well, some of those liberties perhaps.

They were a bit miffed last week. You see, Suffolk University Law School Students are asking some apparently embarrassing questions. One such student has taken on a project which Boston Police brass and union officials call in “cop-hate baiting at its worst.”

The police are so upset, in fact, that the university itself is seeking to distance itself from the project. The college ordered the fliers taken down, saying the collaboration between Suffolk Law students, the American Civil Liberties Union and the Boston Black Men’s Leadership Group should not have used the law school’s logo.

The hateful and offensive actions at issue is the posting of fliers for the “Police Misconduct Documentation Project” and the “Police Complaint Assistance Project”. These posters ask horrible questions like “Have you been abused, brutalized or mistreated by the Boston Police … ?”

Just imagine such a thing!

Apparently, according to the police and the university, such offensive questions should not be asked. One would imagine that such information therefore should not be compiled and should be silently swept under the rug.

After all, what is wrong with alittle police abuse? They have a hard job…aren’t the entitled to knock around a few folks?

Don’t call it a Boston assault…call it simply alittle attitude adjustment.
Continue reading

A Brockton assault and battery matter has just occurred under the type of circumstances that all parents fear. It resulted from a high school knife fight in which someone was injured.

The other was arrested for the Massachusetts dangerous weapon assault charge.

Of course the Brockton high school campus fight was not the first one between the participants in the story. It apparently took place after the same 18 year old students were escorted to the housemaster’s office because of an earlier physical altercation.

As of this writing, One of the students is resting in a local hospital and the other stands facing Massachusetts felony charges including assault and battery with a dangerous weapon.
Continue reading

Well, Bullying has hit the news again and, once again, this Boston criminal lawyer was asked to comment. On Friday, I was interviewed for Newsweek Magazine on the subject of the indictments handed down against Dharun Ravi (hereinafter, the “Defendant”). If you like, you can read the resulting article here.

As you may recall, Rutgers University freshman Tyler Clementi (hereinafter, the “Deceased”) committed suicide approximately seven months ago. Said suicide followed the Defendant, with the help of some friends, allegedly streaming live video footage of the Deceased, his roommate, engaging in romance with his lover, another man. The Defendant was allegedly aided in the broadcast by his lady-friend, Molly Wei (hereinafter, the “Accomplice”). During the broadcast, the Defendant allegedly described what was being broadcast on Twitter.

Criminal investigators have also apparently found that the Defendant had tweeted on earlier occasions his frustration and/or maliciousness about the Deceased’s homosexuality. As a result, New Jersey prosecutors say that the Defendant knowingly targeted the Deceased because he was gay.

Apparently, this was not bad enough. During the government’s investigation, it is alleged that the Defendant tried to mislead law enforcement, deleted messages and attempted to convince some of his friends not to cooperate with authorities.

These efforts did not work. They seldom do. They usually only result in more charges…which they did here.

Now, the Garden State has indicted the Defendant on 15 counts, including witness and evidence tampering and bias intimidation. The matter has been elevated to a hate crime.
Continue reading