Articles Posted in Domestic Violence

Massachusetts domestic violence cases cases continue to perplex many of their participants. This Boston criminal lawyer has discussed these cases many times. The reality of such cases makes the messages are worth repeating.

Romance can be a wonderful thing…however, as it is written by one of my favorite rap artists, BDG, “Life brings love, but not without hating”.  What might be simple anger in other circumstances quickly turns into the feeling of hatred when things go bad.  Unfortunately, these days, one of the tools in expressing said hatred, no matter how temporary, is the criminal justice system.

This would be bad enough.  This would be shocking enough.  However, what makes it worse is that it is a tool that very quickly takes on a life of its own and becomes out of control for both the complainant and the soon-to-be defendant.

As we celebrate freedom this week, it is timely to discuss the realities of these types of cases.

First, let’s admit what we all know is true.  Many domestic violence cases are real.  In the past, these cases were not taken very seriously by the criminal justice system.  It was akin to child discipline…namely, it was treated like a “private matter”.  As a result, a lot of people, mainly women, got beaten worse and worse until they finally ended up dead. Murdered by their “loved one”.

Finally, we woke up and realized that there was nothing less serious about a spouse beating a spouse than any other violent crime.  In fact, given the repetative nature and other issues these cases brought to light (such as battered spouse syndrome and the effects on any children who might be around) became treated more seriously than other assault and battery cases.

This was a giant step in the right direction.

However, our Justice System, like many of our societal systems, is not satisfied with such steps until they go way over the dividing line of common sense.  We do not take measured approaches.  We prefer pendulum approaches.
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As the Boston Criminal Lawyer Blog has discussed many times, norms are changing every day. And where there are people who are behind the times in said norms…you will usually find the criminal justice system ready to take action.

Take, for example, the case of Carla Williams, a 27-year-old Lowell mother will be hereinafter referred to as the “Defendant”. She spent last night as an involuntary guest of the Commonwealth and was arraigned today.

She has been charged with committing an assault and battery on her 10-year-old daughter. Because this took place within a family, it is considered domestic violence and the Department of Children and Families (“DCF”) have been alerted to bring their special brand of “care” to the situation.

According to Lowell Police Captain Kelly Richardson, the police were called to the incident in which the Defendant was accused of dragging her daughter home by her hair, punching her in the face and dragging her up a flight of stairs by the ankle.

The Defendant’s alleged response to the officers who came to the scene? She apparently lectured the officers, demanding that “she has the right to discipline her child.”
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Here’s a sweet little tale for Valentine’s Day.

Allen M. Stilkey, 40, of Douglas, (hereinafter, the “Defendant”) was a married man until very recently. You see, he is alleged to have had a incident last week.

The result? His wife is dead and he is charged with her homicide.

The Defendant was no weakling. In fact, the 230-pound, 6-foot man was an arm-wrestler who, in 1995, was the International Arm Wrestling Federation Arm Wrestler of the Year.

According to the Commonwealth, the Defendant and his wife were engaged in a very heated argument. The argument is said to have included broken furniture and glass. A witness purportedly told police that “Allen Stilkey was threatening to kill her” and that Lisa Stilkey, the wife, had claimed her husband “had been beating and choking her for several months.”

Further, the Commonwealth indicates that the Defendant was threatening to killer her during a phone call that night.

The Commonwealth claims that the Defendant was on the first floor, when his wife ran to the second floor out of fear. She then threw a pillow out of the window and then jumped out herself. She was rushed to the hospital and declared dead. As she was en route, the Defendant allegedly barricaded himself in the home and refused to let police in. The police got a warrant and entered the home on Saturday, where they found evidence that “a violent struggle had occurred in the home.”

The Defendant was arraigned in Uxbridge District Court where he has pleaded not guilty to charges of manslaughter, assault and battery and threatening to commit a crime.

While the Commonwealth requested bail in the amount of $500,000, the court decided to hold him without any bail instead.

Attorney Sam’s Take On Manslaughter And Domestic Violence

While this case would likely be prosecuted as a homicide in any event, the fact that it is a domestic violence incident pumps up the public attention. For example, a criminal defendant facing manslaughter charges would not necessarily be held with no bail. However, I can tell you that the courts are getting tougher and tougher regarding the treatment of domestic violence cases…even if said charges are actually dismissed!

But that is a mutilation of fairness for another day.
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Well, in a world in which some mothers who lose control resort to the killing of their children…I suppose you could call this Salem mother’s approach refreshing.

According to the Commonwealth, she called the police on the kids. Apparently, her five kids had been fighting all day. Particularly that 15-year-old son and the 16-year-old daughter.

Fight, fight, fight! Bicker, bicker, bicker!

Instructions from mom? “Arrest them both…I can’t take this anymore!”, she cried.

Well, the officers did not quite do that. They did, however, issue a summons to the 15-year-old for hitting his 8-year-old sister.

They call that “assault and battery” in the Halls of Justice, you know. It’s a good thing they weren’t in school…it would also be Massachusetts bullying! Actually, just the arguing would likely trigger that charge.

Well, the kids were not brought to involuntary Commonwealth housing.

Yet, that is.

You see, the officers also notified the Department of Children and Families about the situation in the home.

Strap yourself in, mom! You and the kids are in for a wilder ride than you expected!

Attorney Sam’s Take On DCF And Juvenile Prosecutions

I am going to go out on a limb here and guess that mom did not really want the kids to be arrested. She likely called the police in hopes to calm the pandemonium . Maybe it even worked…for the moment.

But mom is now learning that that the “help” she sought does not stop there.
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Last week, the Boston Criminal Lawyer Blog began addressing common questions regarding allegations of Massachusetts domestic violence cases. Today, Columbus Day, is one of those holidays when family members find themselves together to celebrate the actual holiday…or simply enjoy a day off. Either way, tempers sometimes erupt. More today than ever… lost tempers can easily end with someone being awarded the Commonwealth Bracelets of Shame.

“Why do you say ‘today more than ever’?”

Because, after years of looking the other way, these matters are treated with extra sensitivity these days. The term “extra sensitivity” translates to, “somebody is going to jail and the prosecution is not going to end any time soon no matter what either of you want”.

Too often in the past, matters in which someone was assaulted in any way were ignored until the incidents repeated themselves and people ended up dead. No, this does not mean that this was true with every domestic argument. However, our criminal justice system is not always great at splitting hairs. Therefore, we have a “no tolerance” approach to these things. We have seen this with cases involving children and any case involving a heated argument or unwanted touching, no matter how slight, between couples or family members. As a result, when the police are notified of such a disturbance, somebody from the household is going to accompany them back to the police station at the end of the visit.

“Well, what happens if it becomes clear the next morning that the situation was simply taken out of context and blown out of proportion the night before? Will the police simply dismiss the case? Will the prosecutor?”

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It is the type of case that has long-lasting effects. As a Boston criminal lawyer of many years, I have seen more than my fair share of Massachusetts domestic violence cases. It is the type of case that is not only a terrible nightmare for the victims, but also the system itself…because of our history of riding the pendulum from one side to the other.

Yesterday morning, state and local police arrested 41-year-old Marcello Almeida (hereinafter, the “Defendant”). He is charged with the fatal Marshfield stabbing 24-year-old Patricia Frois (hereinafter, the “Deceased”). According to the Commonwealth, this was a domestic violence incident.

The assault was reported at around 8:01 a.m. in a building at the Village at Marshfield, an apartment complex of 20-unit buildings off of Route 139. The Deceased was found with multiple stab wounds in the building foyer. She was treated at the scene and transported to a local hospital, where she was pronounced dead at about 8:30 a.m.

State, local and federal officers rushed to the scene where they found the Defendant. He was allegedly hiding in a shed in a back yard near the apartment complex. Law enforcement says he did not put up a fight. He is, however, said to have been injured and taken to an area hospital under police guard.

People who had varying degrees of alleged knowledge of the couple say that there was a history of abuse and that the Deceased had been trying to get out of the relationship. Law enforcement is not revealing, as of yet, information on whether there had been previous complaints of abuse.

The Defendant will likely be charged with several counts, including Massachusetts murder and armed assault and battery.

Attorney Sam’s Take On Massachusetts Domestic Violence Cases

Domestic violence matters have been “hot potatoes” for a long time now. Years ago, such cases were just treated like a “marital squabble” and so ignored by the criminal justice system…until the resulting dead bodies started to pile up.
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Last week, we discussed the story of a Dorchester woman who had allegedly been involved in a matter of deadly domestic violence. According to the Commonwealth, the result was murder and 28-year-old Dorchester woman Cherry Clinton (hereinafter, the “Defendant” was charged with stabbing her former boyfriend to death with a knife.

Usually, such cases do not have many witnesses. They happen at home. In private.

It turns out that such was not completely the case this time. In fact, one witness did all he could not to be a witness.

“My daughter came into the room and said, ‘Daddy, they’re fighting again,’ so I turned on the music to drown out the noise,” Robert Ennis said of the “banging” he heard coming from[the Defendant’s] apartment at the housing development. “I didn’t want to hear it.”

At about 10 a.m. Friday, another neighbor, Guerlande Merisier, also said she heard arguing and “banging, like falling on the floor.” Minutes later, she said, she saw the Defendant outside, crying, telling first responders, “Come in right away, my baby’s unconscious.”

Ennis said he never called police because after he testified a few years ago against a man accused of gunning down a youngster outside his building, a brick was thrown through his window.

“The streets aren’t forgiving,” the 50-year-old father of three said. “When you weigh it all out, I got to take care of my family.”

The killing marks at least the fifth domestic violence homicide this year, said Toni Troop, a spokeswoman for the victim’s advocacy program Jane Doe, Inc.

Might I note that we are just finishing month number two?
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