Articles Posted in Domestic Violence

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I grew up in the Boston area. I remember, when I was a kid, my father reading the newspaper and seeing an article that a former friend of his had pleaded guilty to several white collar crimes.
Actually, the reason the gentleman was a “former” friend was that my dad was one of the victims of the alleged fraudulent acts. Until reading that article, my dad had been convinced that his friend had not intentionally misled him to his detriment, but that the unfortunate result had been simply bad luck.

Now, my dad was convinced that he had been duped. “After all”, he said, “Why would the guy plead guilty if he were not guilty?”

It sounded right to me at the time.

Years later, I became a prosecutor in Brooklyn, New York. This was the start of my real education as to how the system works.

My answer to my dad’s question has rung hollow ever since.
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A recent Boston courtroom battle that hosted various law-enforcement characters, both past and present, has come to an end. When the jury returned, the verdict was “Not Guilty”.

Wayne A., (hereinafter, the “Defendant”) was a firefighter on trial for assaulting police officers in 2008. The setting was Roxbury Municipal Court. The complainants, of course were the officers whom he had allegedly assaulted and resisted arrest from. The defense attorney, Neil S. Tassel, was a former prosecutor himself.

The police had said in their police report that the Defendant had been shaking his girlfriend and shouting in her face when they arrived to investigate. They went to arrest him and, according to them, he violently resisted.

At trial, both the Defendant and said girlfriend testified that they had simply had a verbal argument, but that the Defendant was not even near her when police arrived. Apparently, the Defendant further testified that he did not even know that the police were there and they simply knocked him out during the incident.
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A gentleman from Plymouth began his week on Monday behind bars, looking for a criminal defense attorney. He stands charged with performing the type of deed that has been in the news lately connected to the death of pop icon Michael Jackson.

Sean D. (hereinafter, the “Defendant”) is now being held without bail. He is charged with spiking drinks for his wife and 18-month daughter with a sleep-aid.

The investigation began when the Defendant’s wife called police after she found her daughter ill, according to police. Their investigation found that he had allegedly been putting sleep aids into the mother and daughter’s drinks on more than one occasion, police said.

The Defendant was arrested Sunday night at the family’s home. He has been charged with distributing food with a harmful substance, was held at his arraignment on Monday, and is said to be returning to court today for a dangerousness hearing.
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First of all, allow me to establish that I am an ardent Beatles fan. Second, let me confess that I have been imbedded in the criminal justice system for about a quarter of a century. As such, there is a certain type of “ear” that I have developed over the years to pick up criminal-justice-related tidbits.

Yesterday, there was a lot of Beatles activity…pretty impressive given that the band disbanded almost 50 years ago. Topping the list of newly released items were a video game and a box set of all the original releases on remastered cds packaged together with video “mini-documentaries”. Naturally, I played the part of consumer. Then, as I contemplated the weekly “Attorney Sam” feature of this daily blog, some of the Beatles’ lyrics came back to me.

There are obvious crime-related Beatles songs. “Maxwell’s Silver Hammer” is such an example. In it, a handful of murders are conducted by our young hero with the aid of his trusty silver weapon which he manages to smuggle in everywhere, including school, court and the local police station. Of course, on the other side of the law, there is “Lovely Rita”. Here, the singer is courting (no pun intended) a meter maid.

The Beatles’ rock ‘n roll view of romance is particular interest. “Why Don’t We Do It In The Road” comes to mind, for example. It could, I suppose be simply walking and whistling a happy tune that the fad four are suggesting, but most people think they are talking about something a bit more sexual in nature. Clearly not a good suggestion. Assuming that one survived the oncoming traffic, one would soon be arrested and prosecuted for a host of criminal acts which fall under the purview of the sexual offender registry. Of course, speaking of which, the song “Little Child”, wherein the singer, who is “sad and lonely” asks a young thing to “take a chance” on him would also interest many prosecutors. Of course, he is suggesting that they only dance…!

I can see the Commonwewlth’s sexual assault expert now testifying that “things like ‘dancing’ are simply a ruse used by the offender who gains the child’s trust…!”
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The criminal defense attorney for Shawne Merriman, the star linebacker for the San Diego Chargers, says that the domestic violence allegations against his client are unmerited. Merriman, 25, was arrested early yesterday on suspicion of restraining and choking Tila Tequila, the former MTV star of the popular reality dating series “A Shot at Love with Tila Tequila.”

Police reportedly were responding to a call by a woman who said she’d been choked and restrained. The woman, who identified herself as Tila Nguyen (Tila Tequila), identified Merriman as the person who choked her when she tried to leave his home.

Nguyen, 27, signed a citizen’s arrest, and Merriman was brought in on suspicion of false imprisonment and battery. Even though police did not see any injuries on her, she asked to be taken to a hospital.

Merriman’s attorney, however, says that Merriman was in fact trying to protect Tequila, who was very “intoxicated and inebriated,” from leaving. The NFL football player wanted to make arrangements so that she could get home safely. The lawyer says that Merriman never assaulted the reality star and did not restrain her against her will. Merriman’s attorney says that there were witnesses at the football player’s home who can corroborate his client’s account of the incident. Later Sunday, Merriman was released from jail.

Meantime, Nguyen posted on her Twitter page that she was not drunk and is actually allergic to alcohol despite her famous celebrity name.

Domestic Violence
Allegations of domestic violence disputes are taken very seriously in the state of Massachusetts. You don’t have to be a husband or the wife to be charged with a domestic violence crime. People in domestic partnerships, boyfriend-girlfriend relationships, former spouses, and family members can be arrested for domestic violence involving alleged physical assault, sexual assault, kidnapping, and other forms of violence.

Boston police must arrest anyone accused of Massachusetts domestic violence. Even if you are not guilty, becoming a suspect of domestic violence can taint your reputation and cause damage to your career or personal life.

Merriman Denies Allegations, Washington Post, September 7, 2009
Tila Tequila denies being drunk during Merriman incident, CNN, September 7, 2009
Related Web Resources:
Massachusetts Law About Domestic Violence

Domestic Violence, Justia Continue reading

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August 29th was my birthday; never mind which one. So, when it came time to write today’s blog, I decided to see how my fellow Bostonians had celebrated the day and find out if anyone used the occasion to produce the need for an experienced criminal defense attorney.

I shortly wished I hadn’t.

I came upon a sad story from Quincy. It involved 52 year-old Wollaston man, Joseph B. (hereinafter, the “Defendant”) who spent my birthday being arrested for murder.

The Defendant was arrested on Saturday in connection with the death of 33 year-old Mary B. (hereinafter, the “Deceased”), whose body was found on Saturday afternoon in the home she shared with her child. According to a press release from District Attorney William Keating’s office, the two knew each other well, but the nature of their relationship was not explained further.

Law enforcement has also declined to reveal how they believe the Deceased was killed.
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Earlier in the week, I began a blog posting reminding you that, although you may think it could never happen, the criminal justice finger of accusation can suddenly arrive at your doorstep. This is true anywhere in the country. It is certainly true here in Boston where the dial of a cell phone can easily result in the need for a lawyer.

Today, I am referring to the type of matter which seems to most surprise my clients when they are suddenly face to face with law enforcement and the Commonwealth Bracelets of Shame. It involves the category of crime now known as “Domestic Violence“.

In days past, these crimes, like drunk driving, were not taken seriously enough. The police would hear of a wife-beating and the courts would basically treat the problem as a simple “family issue”. Few people were sent to jail; more people ended up dead. Usually the battered spouse. Our legal system has fixed that…and…as is common…gone over to the other extreme.

Where you aware that when the police come to your home after a report of domestic violence that, in their words, “someone is going to jail”? Now, true, there are a few exceptions, but the procedure these days is that one of the occupants in the reported disturbance is about to be the guest of the Commonwealth, even if only for a short time. Rest-assured, however, a criminal prosecution is coming. In fact, in most cases, a Clerk Magistrate’s Hearing to determine probable cause is not even available. The case goes right to arraignment and bail arguments…which means right to the defendant’s criminal record.
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R & B singer Chris Brown has been ordered to serve five years’ probation, in addition to six months of community labor and one-year of domestic violence abuse counseling, for assaulting performer Rihanna. If he violates the terms of his probation, Los Angeles Superior Court Judge Patricia Schnegg told the performer he could be sent to state prison.

Brown was arrested last February following an altercation with then-girlfriend Rihanna. Police were summoned after someone heard her screaming for help. Brown is accused of physically attacking her while they were riding in a sports car during a verbal dispute. He is accused of punching her, placing her in a headlock, and threatening to beat and kill her.

Rihanna did not press criminal charges against Brown, who was charged with felony battery and making criminal threats over their domestic violence dispute. He had initially pleaded not guilty to the charges and could have been ordered to serve five years in prison if convicted.

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As a Boston-area criminal defense attorney who has worked on both sides of the aisle, I have been doing a lot of talking lately about Disorderly Conduct arrests in the Commonwealth. I have been interviewed by media outlets out of state, such as the L.A. Times as well as national outlets such as Time Magazine. In the meantime, the arrest of Professor Gates has been assigned by most to the pile of questionable racial incidents.

To me, however, to write it off as simply a “racial incident” misses the point which is faced by people every day in the criminal justice system. The primary difference between Professor Gates and most other cases is that he is a man of stature who can command national attention. Most people do not. As a result, when they become offensive to a police officer, there is no media pressure causing prosecutors to drop charges or a thick blue line of officers holding press conferences to demand apologizes from local and national public figures.

This is why this blog regularly warns you to avoid confrontations with the police and, if you are being approached, do not to try to engage in a battle of “one upmanship” with the officer, be it physical, strategic or verbal. The bottom line is that you will lose such a match, at least for the day. The officer carries the cuffs…you only get to wear them. The officer has the badge and the gun. Those items will outweigh your brilliant arguments and speedy escape attempts every time.

“But Sam”, you ask me, “What are we supposed to do? Just stand there and take it?”
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In the celebrity domestic violence case involving R & B performer Chris Brown and his ex-girlfriend singer Rihanna, Brown pleaded guilty to one count of felony assault on Monday. Per the terms of the plea agreement, Brown will serve six months of community labor, five years of supervised probation, as well as participate in domestic violence counseling. This is Brown’s only offense for domestic violence.

A stay-way order has also been issued that prevents the former couple from coming within 50 yards of one another-unless it is an industry event; in these situations, the two of them must make sure the distance between them is at least 10 feet.

If Brown had refused the plea agreement and was convicted of criminal threats and felony assault, he could have ended up serving up to five years in prison. The 20-year-old singer was arrested last February for allegedly threatening and beating Rihanna during an altercation prior to the Grammy Awards. The singer is accused of trying to push his then-girlfriend out of a car, shoving her head against a window, punching her, and biting her ear.

While some people are questioning whether Brown’s punishment is too lenient for the crime, the Los Angeles Times reports that his sentence is in line with what other first-time offenders pleading guilty to the same crime will usually receive. Former deputy district attorney Dimitry Gorin says he has negotiated similar plea agreements for other defendants and that Brown’s sentence is not a light one.

Gorin noted that even if Brown were ordered to serve jail time, the Los Angeles County jail is so overcrowded that the singer would likely have served just a “fraction” of his jail sentence. District attorney spokesperson Sandi Gibbons says that Browns’ plea agreement was not “special treatment” and that Rihanna approved of the deal.

Settlement reached in Chris Brown’s alleged beating of Rihanna, Los Angeles Times, June 22, 2009
Chris Brown Pleads Guilty in Deal, The New York Times, June 22, 2009

Related Web Resources:
Massachusetts Law About Domestic Violence

Group Reports Massachusetts 15 Domestic Violence Homicides to Date for 2009, https://www.bostoncriminallawyerblog.com, June 7, 2009
Domestic Violence Overview, Justia Continue reading

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