Criminal Law

April 4, 2011

MA Bullying And RI Cyber-crime Laws…Two Peas In a Prosecutorial Pod

Over the past year, Massachusetts motor vehicle laws have changed a bit. For example, we now have a law against texting while driving.

Apparently, our neighbor to the south, Rhode Island, would like to take anti-text laws a step further. In fact, the legislatvie battle is on to create a new juvenile offense.

Why?

It is the South Hadley to Boston bullying frenzy all over again.

Last night, I was on Fox25 interviewed on this subject and, once again, the subject touched upon the typical legislative/prosecutorial dance…only this time in Rhode Island, not Massachusetts.

As you know, as our technology has grown, so have the ways it can be misused. When we invented the telephone, for example, we provided the opportunity for crank calls and obscene calls. Now, as it has become even easier to communicate at will, via phones that text, email and soon lord-only-knows-what-else, we present the opportunity for “sexting“.

It is important to note that sexting can be done via text…or photographs.

As you would imagine, sending child pornography over texts, as it is in email and regular mail, is illegal. Heck, just possessing it is illegal.

It is also independantly illegal to send such material to kids.

Of course, kids do not always understand the ramifications and adults are not always so great in warning them about it.

Similar to bullying.
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April 1, 2011

Attorney Sam Announces That The Massachusetts Criminal Justice System Is Fixed

by Samuel Goldberg

It was an incredible day yesterday. I went to various locations doing my thing and learned that, apparently, everybody had been reading the Boston Criminal Lawyer Blog and actually taking it to heart!

I should have known something was up when I went to drop off my son at school. Walking to my car, I noticed a fairly portly young man. He had been running, and I saw that his wallet had fallen from his pocket. He saw it. I saw it. So did the three athletic-types running behind him.

He nervously looked down at it, but one of the kids behind him got to it first.

I looked over to the side of the road. There, a police officer stood watching.

“Oh great!” I am already running late and now I am going to witness a Marblehead robbery !”

That did not happen, though. The largest kid picked up the wallet and handed it young Mr. Portly and said, “Hey, you dropped this.”

Mr. Portly thanked him, and they went on their different ways.

I stopped the kid who picked up the wallet and told him that was a nice thing to do. He looked at me somewhat confused and said, “But anything else could have been…well…bullying! That would be wrong!”

One of the other large boys ran over to the police officer to offer him a donut. The officer smiled and patted the boy on the head.

So, on I went to a Tewksbury probation violation hearing.
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March 30, 2011

Mattapan School Bus Driver Turns Traffic Citation Into Motor Vehicle Crimes

by Samuel Goldberg

How many times have I said it? “All it takes is one very bad day…or bad moment…or bad decision. Mattapan’s Edwin Depeize, a 63-year-old bus driver ( hereinafter, the “Defendant”) had one such moment yesterday morning.

According to reports, the Defendant, a school bus driver, was stopped by law enforcement so that he could be given a Dorchester traffic citation. Apparently, said citation incensed the Defendant. Perhaps he thought such a ticket was beneath him. This theory would make sense because he immediately did everything possible to up the ante.

Rather successfully, I might add.

First, the Defendant allegedly refused to hand over his license and registration. Next, he argued with the police officer who finally ended the “conversation” by telling the Defendant to drive along his merry way. The Defendant did not feel all that “merry”, and so he sped away instead.

Or tried to.
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March 28, 2011

Cape Cod Charity “Angel” Is Indicted For Massachusetts Theft And Other White Collar Crimes

by Samuel Goldberg

As Boston’s White Collar Crime Convicted Ex City Councilman Chuck Turner goes off anything-but- quietly into the federal sunset for three years, the state government’s sites now turn south.

Now, Gina Clark, the controversial founder of the defunct Cape Cod charity Touched by Angels is in the prosecutorial sites. A Barnstable County grand jury has indicted Ms. Clark (hereinafter, the “Defendant”) . She is charged with good old Massachusetts larceny, fraud, and associated charges, according to the Commonwealth.

The Commonwealth alleges that the Defendant stole tens of thousands of dollars from the charity, which was organized to provide financial help to families who had lost loved ones or who were dealing with medical problems.

“These families were targeted by this defendant and sought her help after going through truly traumatic circumstances, either losing a family member or dealing with serious medical conditions,” Attorney General Martha Coakley said in a statement. “By promising these victims financial support and then keeping the money for herself, we allege that this defendant stole tens of thousands of dollars from families in need.”
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March 24, 2011

Woburn Woman With Suspended License Leads Massachusetts Police On Chase…And Loses

by Samuel Goldberg

Poor Louise Nelson! The 49-year-old Woburn woman (hereinafter, the “Defendant”) must have missed my approximately 450 blogs warning people about involuntary indoctrination into the “Hey, I Bet I Can Make This Situation Worse!” club.

You see, the Defendant apparently had a suspended Massachusetts driver’s license. One usually does not need to be a Boston Traffic Attorney to realize that it is a bad idea to be driving under such circumstances.

However, the Defendant was indeed driving according to law enforcement. They say that, at approximately 10 a.m. this morning, Woburn police contacted the state police after noticing that not only was the Defendant driving, but that her vehicle did not have any license plates. This too, as you may know, is a motor vehicle legal no-no. After the local police tried unsuccessfully to stop her, the Defendant had allegedly refused to stop and, instead, drove onto Route 128. There, state police tried to get her to pull over.

They, too, were apparently unsuccessful.
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March 23, 2011

Springfield Arson And Related Hate Crime Conspiracy Is Brought To Trial In Federal Court

by Samuel Goldberg

These days, it seems that crimes are prosecuted based upon two things. The first, of course, is the criminal activity itself. Sometimes, however, the motivation behind the crime is an Aggravating factor that is almost a crime unto itself. Take, for example, the tale of Michael Jacques (hereinafter, the “Defendant”) The Defendant is being prosecuted for a Springfield Arson.

However, as the prosecutor announced at the beginning of the trial, “We are here today because of racism”. Indeed, the Defendant is not simply being prosecuted for arson, but also for the crime being a Massachusetts hate crime.

The trial, which has begun in federal court in Springfield, began this week. The Defendant, a known racist according to the prosecution, is accused of showing his disdain for the African-American community by torching a predominantly black church to protest the election of Barack Obama in November 2008 as the country’s first black president.

According to the prosecution, the Defendant confessed that he and two other men “burned the church because it was a black church.”
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March 22, 2011

Massachusetts Violent Crimes Are Down…Who Is Responsible?

by Samuel Goldberg

Sometimes, the themes portrayed in graphic novels (the new name for comic books which sounds so much more impressive) very closely resemble those we see in daily life. Take, for example, the saga of the “Amazing Spider-man“. For those of you ignorant of his story, he was created years ago by Marvel Comics as the first “anti-hero”. While he donned a colorful costume and fought crime with his unique…talents…, he was considered a vigilante and criminal by many people. He was, and is, the misunderstood hero. As I tell most people that my clients are not guilty, merely misunderstood, I suppose I identify with Spidey.

We learn today that another misunderstood entity which is often ridiculed, insulted and feared is the “Brutal Winter Snowstorm“. According to the experts, while we were all complaining about its activities, it was actually fighting Massachusetts crime. In fact, according to law enforcement and other specialists, it did better than merely fight crime… it prevented crime.

Apparently, the total number of major crimes, such as Massachusetts murder, rape, and assault, fell 22 percent this year through March 13, compared with the same period last year. While Boston shootings (nonfatal) are down slightly, the need for burglary attorneys and other Massachusetts theft-related criminal attorneys, have dropped significantly.

“I think these statistics have something to do with the bad weather,” said Jack Levin, professor of sociology and criminology at Northeastern University. “To commit a stranger rape, or robbery or even burglary or vehicle theft, all are going to require, for the most part, going outside. Even criminals get cold.”
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March 19, 2011

The Boston Criminal Lawyer Blog Discusses A Gruesome New Hampshire Murder , Insanity And Direct Examination

by Samuel Goldberg

It is too bad that there are no awards shows for the criminal justice system. A couple of years ago, The Boston Criminal Lawyer Blog began presenting virtual memberships to the “Hey, I Bet I Can Make This Situation Worse!” club. Maybe we should revisit it. In the meantime, however, some kind of award should go out to the Nashua murder defendant, Christopher Gribble (hereinafter, the “Defendant”. As you may know he is on trial for a gruesome murder and associated crimes in New Hampshire.

If such award ceremonies were held, this year’s award for the most stunningly grotesque would go to the Defendant for his testimony at trial, second only to the scene of the crime itself.

It should be noted that the Defendant has admitted that he and his buddy Steven Spader (hereinafter, “Co-Defendant Buddy”) killed 42-year-old Kimberly Cates and tried to kill her young daughter. However, he has pleaded not guilty by reason of insanity.

While he was on the stand, the Defendant, during direct examination described in detail the details of the crimes he committed after he broke into the home and found his way to the bedroom where mother and daughter slept.
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March 17, 2011

Newton Man Fires Gun Into Store And Needs Massachusetts Criminal Attorney -Fast

by Samuel Goldberg

Hello. How is your Saint Patrick’s/Evacuation Day going? Various Massachusetts policepeople are particularly on guard today against people who might stereotypically drink alittle too much. Folks do strange things when they are drunk, and this blog has discussed many such incidents. One incident today, however, leaves many wondering if the gentleman responsible was drunk, disturbed or something in between.

A yet-to-be-determined suspect, believed to be a man, we’ll call him “Newton Gunman”, had best meet with a Massachusetts Criminal Lawyer since he fired his gun in Newton in a very unsafe manner. The police say he is “armed and dangerous” after he fired multiple shots into the back door of a closed jewelry store today, according to law enforcement.

Newton Gunman is described as male, wearing a dark, collared jacket, and a hooded sweatshirt with jeans. According to the reports, Newton Gunman fired at least eight shots with his Newton handgun, silver in color, into a glass door at Cristofori Jewelers on Watertown Street just before 4:30 p.m.

While there were three employees inside, nobody was hurt..

Attorney Sam’s Take On Massachusetts Assault And Gun Crimes

Over the years, I have come upon various kinds of clients. Some say they don’t know what the Commonwealth is talking about when they bring nasty criminal allegations. Some have stories that make me think, “there but for the grace of G-d go I”. Others leaving me scratching my head and tilting it at various uncomfortable angles trying to find the one through which their little adventure seemed like a good idea at the time.
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March 16, 2011

Massachusetts Convict, “Clark Rockefeller”, Adds The Charge Of Murder To His Prior Accomplishments Of Kidnapping And Assault

by Samuel Goldberg

You might think that the new charges being brought against the man who calls himself “Clark Rockefeller” is likely to be called “The State of California vs. Christian Karl Gerhartsreiter”. It is likely, however, to have the subtitle of “Clark Rockefeller vs. Christia Karl Gerhartsreiter”…particularly if he has any thought of testifying on his own behalf or putting up any character witnesses.

First of all, let’s make all our lives easier and hereafter refer to him as the “Defendant”).

In case you have not heard, the Defendant, now resting semi-comfortably in Commonwealth involuntary housing, has now been charged with a new allegation. This time, it is the crime of a murder which apparently happened over 20 years ago. The authorities in California have filed a complaint in a Los Angeles County courthouse seeking the return of the Defendant to answer for said murder. The process for doing so is called ” extradition”. The issue in this process it whether the person seized is the right person the outside state, in this case California, is seeking. If and when that is established, then California will have a certain amount of time to come and get him…assuming Massachusetts lets him out of their custody to go to California. Since the states have interstate agreements that allow for the transfer of convicts between states so they can be prosecuted on other charges, and said charges involve murder, there is virtually no liklihood that Massahusetts will refuse to give him over.
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