Articles Posted in Criminal Law

It did not happen in Boston.. This time. But similar things have happened here. After all, there are often consequences to drug use…whether or not the drug involved is actually illegal.

Marillis Santiago, 22, of Hartford, Conn.(hereinafter, the “Defendant”) has had a rather bad weekend. The local police say that while her 2-year-old son was toddling around, she was smoking marijuana at the kitchen table.

She apparently did not notice that he was playing around the open window (sans screen of course) of the third floor apartment.

I suppose you can guess what happened.

The child thankfully survived the resulting fall, but suffered a bruised liver, a fracture to his right arm and facial lacerations.
Continue reading

Stephen L. Foster, a 36-year-old Lynn man who escaped from a halfway house in Manchester, turned himself into authorities Sunday afternoon. Foster returned to the Calumet Transitional Housing Unit in New Hampshire around 3:30 p.m. He was discovered missing during a routine inspection around 2 a.m. on Sunday.

Foster is being held at the New Hampshire State Prison in Concord. A spokesperson for the New Hampshire Department of Corrections told the Boston Globe that it is likely that Foster will be charged with escaping. He could be facing 3 ½ to 7 years for the escape. Since the facility was a halfway house, the spokesperson said that inmates can leave with permission for things like job interviews.

Foster was originally sentenced to 5-10 years at the Merrimack County Superior Court for armed robbery. His maximum release date was December 14, so it is unclear why he escaped.
When a person tries to escape from a penal institution, the consequences are serious and speaking with a defense attorney right away is advisable. Not only could the looming charges be devastating for Foster, but if there was anyone who helped him to escape, they could be held criminally responsible as well.

Although it was not a good idea for Foster to escape in the first place, the fact that he turned himself in so quickly will likely work in his favor. A sentencing judge will like look at him more favorably since he came back on his own accord and the Commonwealth didn’t have to use up valuable time and resources tracking him down.


Source: The Boston Globe, Prison escapee from Lynn returned to NH prison

Continue reading

After a week nursing an eye issue, I am back to my Boston Criminal Law Blog…although it may take another week or two to go daily. I plan to blog Monday, Wednesday and Friday this week. Hopefully, the other “mini-blogs” are keeping you informed, if not entertained, in the meantime. However, in my absence, I see (to the extent that my temporary eye patch will allow) that not very much has changed. College campuses are still the scenes of crime, shootings continue and police officers continue to assault and be assaulted.

Let’s take Cambridge’s Harvard University for example.

Kai Robert Kruger, 21 (hereinafter, the “Defendant”) ran into a bit of trouble on Harvard’s campus this weekend. According to authorities, he was arrested after firing a gun at a police officer and attempting to rob three Harvard University freshmen at gunpoint.

Apparently, the Defendant had stolen the students’ wallets, credit cards and cell phones before the officer’s arrival.

But then, his luck began to turn.
Continue reading

The good people of Salt Lake City have been chomping at the bit for a currentt trial. It has been a long time in coming. It is the trial of the alleged abductor of Elizabeth Smart. 57-year-old Brian David Mitchell (hereinafter, the “Defendant”) is the man accused. After approximately 8 years of delay, and a change of jurisdiction, he is finally going to get his “day” in court.

Jury selection in the criminal trial started yesterday.

The Defendant faces federal charges of kidnapping and unlawful transportation of a minor across state lines – for allegedly taking Smart to San Diego in the 2002 abduction. If convicted, the Defendant, who was once an itinerant street preacher could spend the rest of his life in a federal prison.

As Ms. Smart’s father said of the trial last week, “It’s certainly been a long time coming”.

The matter began as a state prosecution back in 2003. Back then, the Defendant was charged with aggravated kidnapping and aggravated sexual assault…in state court. That prosecution got stalled after the Defendant was diagnosed with a delusional disorder and deemed incompetent to stand trial.
Continue reading

Perhaps it is my fault. Maybe I have been concentrating on tales of police investigations into crimes like murder, robbery and assault, that I have neglected to remind you that the “self-help” approach is seldom applauded in criminal justice.

I know that this may be counter-intuitive for many of you, but if an unknown gentleman climbs through your window at night and, after noticing you, suddenly freezes and says, “Oh [expletive]!”, you do not have the right to simply pick up your trusty bazooka and simply wipe him off the face of the Earth.

Let’s take a specific example. Jose C., a Lawrence gentleman (hereinafter, the “Defendant”), was leaving a friend’s house on Monday when he was accosted.

He was approached by two men with weapons who demanded that he give them money.

The Defendant explained that he had no money to give them.

The men apparently took the news in stride; they stole his car instead.
Continue reading

It is late on a fall Boston night. As your eyeballs begin their dance of slumber, a loud banging on the door shatters the peaceful quiet and wakes you up with a jolt. The baby is crying and the elderly peek out their doorway in fear.

Who can it be? A violent group of thugs? Are you dreaming you are in another country where tyranny rules?

No…it’s just the police and your friendly neighborhood probation officer.

You know… our domestic peace keepers.

Violent crimes such as homicide and shootings are up in number this year. This has given law enforcement officials a new sense of urgency to respond aggressively and visibly.
Continue reading

The attorneys in the Chuck Turner corruption case are expected to make opening statements today, Already, however, issues have arisen which cast doubt on Mr. Turner’s ability to have a fair trial. In other words, from the defense’ view, should there be a conviction, appeal issues have already begun to present themselves..

Last week, we discussed the government’s witness who no longer wishes to be a witness in the white collar criminal case
As the week went on, jury selection began.

As you know, the purpose of jury selection is to pose various questions to prospective jurors to weed out those who cannot be fair and impartial to both the defendant and the government. One of the areas in which the court inquires is whether or not the prospective jurors already have heard anything about the case prior to the trial. This is because the jury is supposed to limit their consideration of the facts to the evidence as presented at trial.

As you also know, every fact that exists about a matter, or that was reported in the press, is not necessarily admissible at trial.

Well, it would appear that many of the prospective jurors in the Turner case already knew something of this case prior to coming to federal court to potentially sit on it. Some knew the basic outline of the federal corruption case, others barely anything at all.

But one thing was engraved on the minds of many: the explosive photographs of former state senator Dianne Wilkerson and Turner allegedly taking bribes in 2007 and 2008
In particular, several prospective jurors mentioned a widely disseminated picture of Wilkerson stuffing 10 $100 bills into her bra at No. 9 Park, a posh restaurant near the State House.

Game over for said potential jurors? Not quite.
Continue reading

After reading the latest supplement to the Newsweek stories on bullying, this time including only one sentence of mine, I looked to the day’s news.

As usual, I was given another example of adults demonstrating the kind of civility which would make most kids blush. This time, the topic was funding in the criminal justice system. It was the angry, yet smugly calm, prosecutors vs. The shrill and angry defense attorneys.

The scene was a staid State House press conference inside what the law enforcement side referred to as “hallowed halls”. Just the place to argue about money. Of course, the place was so hallowed because of a new nation being birthed because of governmental tyranny.

Kind of ironic that it was the government seeking more funding to battle the court appointed lawyers for the indigent citizen who was blessing the hall.

In the criminal justice system, reality tends to mock itself Continue reading

Yesterday morning, as I was driving to the Boston Municipal Court, I received a text message from Altman & Altman’s fearless leader, Attorney Steven Altman.

Uh-oh. What to do when the big man summons?

Well, in this case, what I did was…nothing. In case you have not been paying attention, there is a new law in town which outlaws, among other things, texting while driving. Once a frequent offender, I have embraced the new law as a way to drop this bad and dangerous habit.

What’s that? You think the new law is stupid and over-emphasizes the precariousness of surviving driving on today’s Massachusetts roads? Hmm…maybe you are right. Let me think on that as I peruse yesterday’s news stories.

Well, first I see why my arrival at the BMC was so late yesterday. I drive on Route 107.

Boy, was there a tie-up!

Apparently, A 61-year-old Peabody woman died thereabouts after a front wheel came loose on her car, the vehicle went out of control, careening into the Saugus River near the Revere-Saugus line, authorities said.
Continue reading

Given how this country was wrestled from the American Indian so long ago, it seems appropriate to return to the topic of bullying today on Columbus Day.

As you know, schools are back in session. This subject has hit the headlines anew.

If you are you waiting to hear that the efforts of our criminal justice leaders last year have paid off and so the situation is improved…I am sorry that I will have to disappoint you.

It didn’t. It hasn’t.

Perhaps this year, if we follow the same path as last year, we can impose the death penalty or bring back the stockades to battle the problem…!

While, regrettably, my responsibilities to clients made it impossible to live up to my blogging duties (sorry about that) last week, my opinions and I have still been around.

Particularly on the subject of bullying.

As you know, I have been rather critical of our political/law enforcement approach to the problem. Some people, after either seeing my recent television appearance , or the October 11th issue of Newsweek Magazine, in which I was quoted on the subject, may walk away with the idea that I am simply in favor of bullying..

I’m not, by the way.
Continue reading

Contact Information