Domestic Violence

January 26, 2009

Youtube Video And Victim’s Appearence Help Defendant And His Lawyer To Decide Against Boston-Area Trial

Last March, Pittsfield Police encountered a scene which one might expect in the city of Boston, but not way out in Pittsfield. But crime does not really respect such boundaries. In this case, law enforcement met unsuccessful shooter, Sammy S., 30, (hereinafter, the “Defendant”). The resulting charges? Attempted Murder. Last Wednesday, standing beside his attorney, the Defendant pleaded guilty rather than face what would have been a fairly interesting trial.

The change in defense strategy could have been encouraged by the fact that the reluctant complainant actually did show up to testify and that his testimony was going to be supported by an amateur video taken shortly after the shooting.

You see, the Defendant’s target, (hereinafter, the “Victim”) is still alive because the Defendant, who shot him multiple times at close range, failed to properly chamber a round when he took aim at the Victim’ head, according to a veteran Pittsfield police detective. Thus, when the Defendant actually put the gun to his head and pulled the trigger…nothing happened.

“[The Defendant] didn’t jack the round,” police say, applying the common parlance used to describe the process of firing a handgun. The Defendant allegedly then corrected the problem, but “the moment” had been lost. He proceeded to fire four shots at the Victim, but hit him in the torso and elbow. The Victim survived. The Defendant ended up arrested.

For some reason, though, the Victim initially refused to testify against the Defendant, which greatly frustrated police. However, they eventually persuaded him to cooperate, although the police still describe him as “reluctant” .

The shooting became a brief Internet sensation when a video of it surfaced on www.Youtube.com – the popular online video site – showing the wounded and bleeding victim being driven to the hospital by friends.
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January 9, 2009

Boston’s Attorney General Targets Harassment And Hate Crimes

by Altman & Altman

Yesterday’s daily Boston Criminal Lawyer Blog talked about “Road Rage“. I even mentioned “Domestic Violence” cases. Today, we hit their cousin, “Hate Crimes“.

Hate Crimes is another category which brings extra focus on a case which otherwise might be a typical assault, threats or other such case. What makes a case a hate crime is the rationale behind the crime. If it is motivated by racial, gender or other kind of prejudice, it is a hate crime and gets special treatment. In fact, in the federal system, an additional count regarding civil rights violations can be brought.

Today’s example involves Debroah M. of Norwood (hereinafter, the “Defendant”) who has come to the attention of Attorney General Martha Coakley who has taken action against her. The Defendant is alleged to have repeatedly harassed a gay neighbor.

The neighbor is a tenant in the same apartment building where the Defendant lives. The Defendant is said to have been engaging in the harassment for a long time. In November, 2007, for example, officials said she began spreading false rumors that the victim is a sexual predator and pedophile.

A complaint was filed December 31st by the Attorney General. It alleges how the Defendant harassed the victim in a number of ways, including spreading false rumors that he was a sexual predator and pedophile, screaming anti-gay epithets at him, and falsely reporting to police that he had exposed himself.
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January 8, 2009

Boston-area Driving Leads To Weapons, Violence, Jail And Defense Lawyers

by Altman & Altman

Driving around Boston and environs during the winter months can be an adventure. We know that the storms are coming…they tell us the storms are coming…yet we seem to be taken by surprise when streets are slippery. Perhaps it is because we are often already angry when we are dealing with traffic issues. From my vast experience of 25 years in criminal justice I have found that even waiting patiently in a traffic jam is quicker than getting angry, acting out, getting arrested, needing a lawyer and still having to wait quietly in traffic when you get out of custody anyway.

Hey – but that’s just me.

Not everybody sees it the same way I do. For example, during the early morning hours yesterday, four people in Springfield demonstrated such an alternate viewpoint. Of course, they got arrested and I am at home writing my daily blog.

The arrests took place after a minor two-vehicle accident turned into a violent confrontation on Chestnut and State streets.

Complete with gunfire.

“When police arrived they observed a Ford Expedition leaving the scene of the shooting,” said Springfield Police Capt. Eugene C. Dexheimer. The operator of the Expedition (hereinafter, ” Defendant Auto A”) would not stop and was spotted by other officers on Route 5 near the Forest Park entrance approaching a Ford Mustang (hereinafter, “Defendant Auto B”), Dexheimer said.

Police determined the incident began as a car accident between the two vehicles, which then led to a physical confrontation.
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December 30, 2008

Defendant’s Lawyer Argues That Boston Area Client Who Killed Boyfriend Is The Victim

by Altman & Altman

Slightly north of Boston, this week began with another romantic entanglement that spilled into the halls of justice. This time, it was substantially more tragic than our tale in yesterday’s daily blog. This time, somebody died. The prosecutor says that the killer is a criminal. Her defense lawyer, however, says she is the true victim, a victim of domestic violence.

Kimberly S, 30, of Somerville (hereinafter, the “Defendant”) was arraigned yesterday for murder. She is charged with plunging a kitchen knife into the chest of her boyfriend this past weekend. However, she claims that the killing of Amaldo A., 42, (hereinafter, the “Deceased”) was done in self-defense.

The Defendant, who claims to be a longtime victim of domestic abuse told police that she killed her boyfriend in the midst of another argument, according to a defense attorney and a police report filed today in court.

“Yes, I stabbed him, but he attacked me first,” the Defendant told police, according to the report.

In Somerville District Court, she pleaded not guilty to a murder charge and was held without bail. Defense attorney Maria Curtatone pointed to what she described as bruises on her client’s neck, chin, and forehead as evidence of chronic abuse.

Assistant Middlesex District Attorney Marian T. Ryan acknowledged that the couple had a history of domestic violence at their Greenville Street apartment. Neighbors said, however, that the Defendant was often the aggressor, Ryan said in court . The prosecutor also indicated that the smaller-in-stature Amado was too “embarrassed” to report the abuse.
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December 19, 2008

The Love-lorn North Of Boston Come To Blows And Need Defense Attorneys

by Altman & Altman

In the north of Boston, there is a little city called Salem, Massachusetts. Salem is a fun place with its own claims to excitement. A number of years ago, for example, we used to hang people for being witches. Next to Salem, is Lynn. Perhaps for more mundane reasons, Lynn tends to be a rather exciting place to live too as we have discussed in the this daily blog many times.

Last July, a Lynn man, apparently unsatisfied with the adventures that Salem had to offer, engaged in alittle excitement of his own. Well, his and his lady friends…

Michael B., 37, (hereinafter, “Boy Defendant”), and his girlfriend, Caroline T., 27 of Woburn (hereinafter, “Girl Defendant”), came to Salem two days ago to put an end to their pending criminal matter. They were coming to plead guilty .

It had been an assault case. Actually, a domestic violence assault case. A domestic violence assault case that was allegedly committed right outside the courthouse.

The alleged victim? Boy Defendant’s estranged wife (hereinafter, “Mrs. Boy Defendant”).
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December 4, 2008

Boston Ex-Firefighter Faces New Charges In Violating Restraining Order And Is Sent To Jail

by Altman & Altman

You know, I really hate to beat up on anybody. I really don’t want to be mean.

But when the same guy keeps popping up with new charges and seems to be pushing for czar of the “Hey, I’ll Bet I Can Make This Situation Worse” Club’s newest section, “How Far Can I Push Things Before They Just Lock Me Up?”, I really have to make comment.

I have written about this guy before. He is the former Boston firefighter and bodybuilder Albert A., (hereinafter, the “Defendant”). He is back in the news and back in Commonwealth housing.

Perhaps you remember him.

He was one of Boston’s fireman until a number of months ago. You see, on March 21st, he allegedly slipped on a staircase. Nobody had witnessed the accident, but a Dorchester neurologist said in a report that the Defendant was “totally and permanently disabled”. So, the Defendant applied to the Boston Retirement Board for a disability pension.

Unfortunately, on May 3rd, he achieved apparent medical history by finishing eighth at the 2008 Pro Natural American Championships in Marlborough, Massachusetts. After the Boston Globe published a picture of the medical marvel during the competition, Fire Department officials ordered him to return to work.

He didn’t.

He was fired.

The media had a field day, denouncing the Defendant and his fraudulent acts, not to mention the system that had allowed him to so easily do so.

This would have been enough for most people. But not the Defendant. There was still some room left on that rope.
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November 28, 2008

Massachusetts Mother Held For Making Death Threats Against The Court and DSS Workers

by Altman & Altman

Yesterday was Thanksgiving. Unfortunately, there are a few families for whom this holiday season has not begun so well.

Let’s turn to Hampshire, Massachusetts, for example. On Wednesday, as the rest of us prepared for family gatherings and big dinners, Debra B., 53, of Northampton (hereinafter, the “Defendant”) learned that she would be spending the holiday as a guest of the Commonwealth. It seems that she and the Department of Social Services (“DSS”) have had a disagreement of sorts.

The disagreement allegedly included some threats.

Threats that have brought to light what one might call a dysfunctional family situation.

The case has a bit of a history to it. It apparently began back in 2006 when the Defendant’s son was taken away from her by DSS. This was allegedly occasioned by the 7-year-old autistic boy’s complaint that she had duct-taped him to a chair and threatened him with a knife. Most of the criminal charges against the Defendant in that incident were eventually dropped.

The heated custody fight over her son did not end so easily.

As the battle between DSS and the Defendant raged, she is alleged to have done certain things which were of concern to the Commonwealth. One such thing is that she was reported to have looked up the home addresses of some social workers on the Internet. She is also said to have threatened to shoot Judge Judd J. Carhart at a hearing and told another woman in court that she was “in her crosshairs.”

This landed her in jail on September 8th.

Perhaps misunderstanding the message this was supposed to have sent, the Defendant allegedly threatened to kill a different judge, as if this would clear things up.

Things were not cleared up. Law enforcement sought a search warrant for her apartment instead.
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November 12, 2008

Former Boston Firefighter Pleads Not Guilt to Charge He Violated Restraining Order

by Altman & Altman

During his arraignment in West Roxbury District Court on Tuesday, former Boston firefighter Albert Arroyo pleaded not guilty to charges he violated a restraining order filed by his ex-girlfriend last month. Arroyo was arrested over the weekend after his ex-girlfriend accused him of driving by her residence, calling her multiple times, and hiding behind a door in her apartment building.

The woman has accused the former firefighter of aggressively stalking her for six years. In her affidavit, the 45-year old Jamaica Plain resident says that she keeps her curtains closed and her door locked because he keeps bothering her. She says that she has often felt scared to leave her home.

Arroyo, who filed a disability pension for work-related injuries, was fired from his job after he refused to go back to work. The former Boston firefighter joined a bodybuilding competition within weeks of filing a disability claim for the injuries he says he suffered during a slip accident on a staircase.

In Massachusetts, a domestic violence restraining order can be filed when one person-either a current or ex-spouse or partner, family member, or household member-accuses another person of emotional, physical, or verbal abuse.

Massachusetts Domestic Violence Statistics:

• In 2006, 28 victims died in domestic violence-related incidents.
• There were 24 incidents involving domestic violence-related murders.
• 28,760 protection orders were issued in 2005.
• Also in 2005, 4,375 adults were arraigned for alleged protection order violations.

While it is important to protect victims of domestic violence, there are many instances where a mild disagreement gets turned into a domestic violence dispute and someone is wrongly arrested for a crime he or she did not commit. Massachusetts law requires police officers to arrest anyone suspected of domestic violence and ultimately, the decision of whether to press criminal charges belongs to the prosecutor and not the alleged victim.

Bodybuilding firefighter Albert Arroyo pleads not guilty, Boston Herald, November 4, 2008
Disgraced firefighter accused of stalking, Boston Herald, November 4, 2008

Related Web Resources:

Abuse Prevention, General Laws of Massachusetts
Zero Tolerance for False Domestic Violence Allegations, DevalPatrick.com Continue reading

October 24, 2008

Massachusetts’ Domestic Violence Case Involves Weapon And Confession

by Altman & Altman

Unfortunately, domestic violence of varying kinds are all too prevalent in today’s society. As a criminal defense lawyer in Boston, I have seen very disturbing situations. I have written many times in this daily blog about how easy it is to get arrested and how sometimes all it takes is to anger the wrong person. I have handled many times where allegations of domestic abuse and attempts to get restraining orders are, in my opinion, simply a matter of strategy to gain the upper hand in a relationship gone bad. However, domestic violence does indeed occur and does have to be handled seriously.

A rather interesting love story unfolded this past week. On Wednesday, Denise F., 36, of Dartmouth (hereinafter, the “Defendant”) was arraigned in New Bedford District Court on charges that included armed assault to murder, assault and battery, and assault and battery with a dangerous weapon.

According to police, the Defendant’s live-in boyfriend returned home late from his birthday party late Tuesday night. This, apparently, was not acceptable.

Shortly thereafter, the police arrived pursuant to a call to 911. They found the boyfriend bleeding from his abdomen, having been stabbed. Inside the apartment, police found a bloody knife on a kitchen counter, court records said. Near the knife was a note.

The note, allegedly written by the Defendant, was an apology. It read, “I’m truly sorry for doing this to you, but I don’t love you. I never did. OK.”

The boyfriend, it would appear, took the apology to heart. He refused to go to the hospital and refused to try to get a restraining order against the Defendant. Perhaps he felt somewhat responsible. After all, he had apparently been warned. He told the police that the Defendant had threatened that she would stab him if he was not home by 10 p.m. from his birthday celebration, court records said. Clearly, he had missed the deadline.
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October 16, 2008

North Of Boston, A Robbery Victim Gets Lucky

by Altman & Altman

Here is a cautionary tale out of Lynn, Massachusetts, that could have ended much differently.

On Monday night, shortly after 10:00pm, Jackeline H., 26, of Haverhill, (hereinafter, the “Defendant”), earned the Commonwealth’s Bracelets of Shame after an alleged robbery.

According to the police, a certain unnamed gentleman (hereinafter, “Mr. Unnamed”) had just dropped off his girlfriend at her home and was now sitting in his car on Lewis Street, perhaps lost in thoughts of a lovely romantic evening, with a pile of cash just lying in the center console. $240 in cash to be exact.

Suddenly, according to the police, the Defendant suddenly appeared out of nowhere and jumped into the “Car o’ Cash”. She asked the driver if he wanted to buy a pair of sunglasses.

He answered “No”

At that point, the Defendant took the more direct approach and allegedly grabbed the money and jumped out of the car.

Mr. Unnamed, then, followed her down the street demanding his money back. This continued until the Defendant allegedly said she had a screw driver and, “Don’t come any closer or I’ll stab you,” according to a police report.
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