Criminal Law

February 19, 2011

Boston Police Department Investigates Officers For Court Misconduct – Attorney Sam’s Take

I guess it is a good thing that I am vacationing in New York as I write this; the Boston Police Department just broken my heart!

Imagine my excitement after all the blogs I have written about police misconduct…particularly the off-an-on relationship law enforcement seems to have on the stand when it comes time to testify. I found an article on the Boston Herald announcing, “BPD eyeing possible ‘misconduct’ of 4 officers”

My hopes even grew as I learned that said misconduct involved what they did in court!

“Oh boy, oh boy, oh boy“, I thought. “Finally, this is going to be addressed. Hurray for law and order and no-nonsense prosecutors”, I thought.

But then I read on.

“Testilying”, as it was called in Brooklyn, was not what everybody was worried about.

You see, it is true that a Boston police detective sergeant is on paid leave and three other officers are on administrative duty while internal affairs and prosecutors investigate the possible misconduct, according to a police statement. However, the “misconduct” has nothing to do with robbing citizens of their liberty through blatantly breaking the law against perjury.

Instead, the transgression has to do with making too much overtime.

Kind of a white collar sort of thing. Kinda sorta.

You know, the kind of thing that would be called “fraud” if you or I did it.
Continue reading

February 17, 2011

Revere Man Charged With OUI Plowing And Assault With A Dangerous Weapon (The Plow) – Attorney Sam’s Take

by Samuel Goldberg

This winter has presented us with various seasonal weathers…from seemingly Alaskan blizzards to mild Massachusetts spring. It is enough to confuse and to irritate anyone. Apparently, Michael Ciarlone, a 54 year-old Revere gentleman (hereinafter, the “Defendant”), is someone who indeed lost his “cool”.

Allegedly.

According to the Commonwealth, it started when the Defendant used a pickup truck and plow to push snow around a car he believed had parked in his spot on January 14th. When the car’s owner and others came outside, the Defendant is said to have shouted at them and then backed into one man with the truck. Finally, the Defendant is accused of kicking that man in the head and later punching another man in the face, breaking his glasses. According to the Commonwealth, the Defendant was inebriated at the time.

Both recipients were apparently treated for injuries at the scene.

The Defendant was treated to a later arraignment in Chelsea District Court for various charges, including assault and battery with a dangerous weapon, malicious destruction of property, and operating under the influence of alcohol.
Continue reading

February 11, 2011

Duxbury Woman Is Assaulted By Hanover Drunk Driver – Attorney Sam’s Take

by Samuel Goldberg

Mike Hennebury, a 37-year-old man from Hanover (hereinafter, the “Defendant”) is in trouble as this week comes to a close.

According to the police, the Defendant was on his merry way Tuesday night, driving drunk, when he ran off the road. Say what you will about the Defendant, he is apparently consistent. He has had three prior drunk driving cases in the past.

When the Defendant left the comfort of pavement, he ended up in the front yard of a home in an otherwise peaceful Duxbury neighborhood. There, his car came to a rest and was apparently having difficulty moving. Yes, it was stuck in the snow.

The good news is that a nice 72-year-old woman came out of her home, concerned that he needed help.

The bad news is that he apparently did not want any help. He really did not want any help!
Continue reading

February 10, 2011

Former South Hadley Prosecutor Testifies At Boston Bullying Hearing – Attorney Sam’s Take

by Samuel Goldberg

How do former Massachusetts prosecutorial politicians and general politicians admit that they were wrong? Well, they don’t. They simply, and quietly, try to seek a “do over”, as young kids would say.

And so it was that former South Hadley prosecutor, Elizabeth Scheibel (hereinafter, “EXDA”), joined with others yesterday to address the fact that her and other heroic (and speedy) legislators’ measures regarding bullying do not seem to be working very well.

You remember EXDA, don’t you? In response to the public outcry of Phoebe Prince’s suicide, she is the political prosecutor (“PP”) who made headlines, instead of sense, when she indicted a bunch of kids for, when it comes down to it, bullying. Rather than doing further investigation (which the media did later for her), it was more palatable for her to ruin the lives of the other kids involved.

The transparently political move, while gaining accolades at first, soured in the light of day and she thereafter retired. However, the damage had been done. Part of that damage was to “up the ante” with her fellow politicians regarding bullying. So, in true political fashion, they pushed through what they called “the toughest anti-bullying law in the country” Unfortunately, the awesome law did little save give a false sense of security to the general public and confuse those who had to actually read the thing.

Oh. And it also gave us “No Name Calling Day”.
Continue reading

February 9, 2011

Boston Area Men Are Arrested For Drug-Related Arson-Attorney Sam’s Take

by Samuel Goldberg

The Boston Housing Authority has had to close a nine-unit building for repairs, displacing nine families after three men allegedly set fire to a unit at the Bunker Hill housing development this week. The police say that the intended victims escaped through a window. Boston firefighters extinguished the two-alarm fire, but also had to rescue second-floor residents who were trapped by heavy smoke and fire.

Thankfully, no serious injuries were reported. According to the BHA, the families have been at hotels while the new apartments for them are sought. In the meantime, the families are being aided by the Red Cross.

James Burrell and Dashaun Lanair James, both 32 and of Charlestown, and Daniel Grayson, 28, of Roxbury, (hereinafter, collectively, the “Defendants”) have been charged with the blaze and have pleaded not guilty to arson of a dwelling and other related charges.

Bail was set at $150,000 for Burrell, $85,000 for James, and $50,000 for Grayson.

The Commonwealth believes that the arson was committed in connection with a drug debt. According to police, Burrell had been arguing with a man over said drug debt. Then, police say, the Defendants were standing in a hallway of the building shortly after midnight when a flammable liquid was poured under a unit’s door. Burrell is said to have ignited the liquid and then the Defendants all allegedly ran into a neighboring apartment building on Decatur Street.
Continue reading

February 8, 2011

Massachusetts School Districts Break Bullying Law-Attorney Sam’s Take

by Samuel Goldberg

Massachusetts bullying is not simply old news these days. As predicted, many people have made the mistake of assuming that the rushed so-called “anti-bullying” statute would solve the problem. They figured that the schools, following the clear guidance our elected officials presented would take care of it.

It didn’t. Maybe because the “guidance” presented was anything but clear.

To date, more than a third of Massachusetts school districts have failed to present complete antibullying plans by the end of 2010. This deadline was one of the few clear and presumed urgent things presented by the law, but why quibble? These figures, by the way, were by the state Department of Elementary and Secondary Education.

On the other hand, some school districts have complied….sort of. In 13 percent of those plans, at least a quarter of the elements required by the law were not clearly addressed.

If I may add a little note here…since the legislative “cure all”, I have actually seen a growth of calls regarding severe bullying problems about which the schools seem to have turned a blind eye…no matter what evidence was placed before said eye. An example of how bad the problem is can be illustrated by the simplest of requirements of the new law, namely, contacting parents of the kids involved. Even this seemingly simple exercise seems to be too much for the schools to handle.
Continue reading

February 7, 2011

Dorchester College Student Is Arrested For Bringing Gun To School

by Samuel Goldberg

A Dorchester college student is currently being held without bail after being arraigned at Dedham District Court. According to law enforcement, the lad, Darryl Max Dookhran, 18, (hereinafter, the “Defendant”) was carrying a semi-automatic firearm in his backpack at Massachusetts Bay Community College in
According to the Wellesley police, detectives acted on a tip that the Defendant had the gun. They say that they then approached the Defendant as he was standing in line at the registrar’s office. They then walked him into a nearby room. The Commonwealth says that the Defendant, upon this confrontation, backed against a wall and then kicked at detectives when they attempted to pat him down.

What followed, according to the Commonwealth is described as a “furious struggle with police”

Detectives say they found a Tec-9 gun in his backpack, with a loaded 18-round magazine.

He apparently says that it is not his gun and he has no idea how it got into his backpack.
Continue reading

February 1, 2011

Medford Woman Arrested For Domestic Assault Turned Homicide-Attorney Sam’s Take

by Samuel Goldberg

There are certain times that tend to promote domestic violence. Assault cases between family members, for example, seem to rise around the holidays. Is it the drinking? The being cooped up with one’s loved ones that makes one want to kill them? This varies.

Winter storms, such as the one we are experiencing at the moment also tend to bring about such crimes..

Today’s blog, though, is about a woman who apparently could not wait until the storm outside. Allegedly.

Shawntina Burston, 39, of Medford (hereinafter, the “Defendant”) has been charged with assaulting her husband. Said husband was transported to Lawrence Memorial Hospital. There, he was pronounced dead.

The Defendant is accused of attacking her, now ex, husband with a knife. She is scheduled to be arraigned today in Somerville District Court.

There is a veil of horror which shrouds murder cases, regardless of which side of the aisle you are on. I learned that years ago when I was prosecuting homicide cases and it continues today as I defend those charged..

In many such cases, one cannot help but turn away amazed at how one moment…one very bad moment…can end one life and shatter many others;.
Continue reading

January 31, 2011

Milford Sleepy Driver Charged With Driving To Endanger – Attorney Sam’s Take

by Samuel Goldberg

This past year, there was a lot of attention paid to Massachusetts drunk drivers and those who drive negligently. For example, a new law was passed to prevent people from texting while driving.

We also had more than our fair share of vehicular homicide cases, including the killing of a police officer due to Massachusetts motor vehicle crimes.

There was one vehicular homicide matter, however, that may not have gotten enough attention. I say this only because it happened again.

Two cars were involved in an accident this weekend which left two cars overturned on interstate 495. Fortunately, nobody was killed.

The cause according to the Commonwealth?

One driver, Jenifer M. Scott, 43, of Milford (hereinafter, the “Defendant”) fell asleep and so lost control of her vehicle. A second driver, at 51-year-old man from Harvard, took measures to avoid the Defendant’s Toyota Corolla and, as a result, went over the guardrail and rolled down an embankment. His 56-year-old female passenger was taken to Marlborough Hospital with minor injuries.
Continue reading

January 25, 2011

Boston Governor Proposes The Elimination Of Sufficient Legal Representation For Indigent Defendants- Attorney Sam’s Take

by Samuel Goldberg

…And as we prance away from acknowledging the realities of the criminal justice system, we dance along with Governor Deval Patrick. His new proposed dance-step bows politely to law enforcement. It’s a nice dance, really. The only people likely to be hurt are the poor and disenfranchised. But then, if you follow the tune, you will realize that when they are accused of crimes, they are probably guilty anyway. So, perhaps still stinging from criticism that made him cave in the Parole Board fiasco, he is in no mood to consider them.

That’s right. It’s gonna be another one of those blogs.

We discussed this issue awhile ago. Massachusetts’ prosecutors are whining that those big bad criminal defense attorneys who are hired to represent indigent criminal defendantsr, after a proper nickel and diming and receiving only a fraction of what their work is worth, are making too much money. Never mind the vastly uneven playing field in which prosecutors who do not have anywhere near the professional expenses and yet have all of the resources available to their disposal. Forget about the fact that those poor crusaders of justice are able to support families and build a nest egg while their indigent-representing-opponents can barely meet the expenses that law enforcement agencies meet for the “good guys”.

Do you realize that those scourges of justice, the defense lawyers, have the temerity to believe that they ought to be able to meet expenses? Some such misanthropes even think they should earn a living!

Well, the governor has decided to solve the problem in true Shakespearean style. While he is not going so far as to “kill all the lawyers”, he is taking a dramatic stand with they who seem to have the power…law enforcement. Of course, there is not enough money to give better salaries to prosecutors yet, so why not crush the other side of the aisle a bit more? Who’s going to complain? The poor who depend on those attorneys for a chance at a fair trial? Oh, come on, now. Those professional vermin the defense attorneyes? Grow up!
Continue reading