This daily criminal law blog has been short-ciruited today due to internet failure. However, it will reappear tomorrow (yes, even though it is Saturday) with the planned discussion of murder investigations, witnesses and pizza delivery.
Oh, yes. And do we mean by “truth” in the criminal justice system?
Until then…beware of Hurricaine Earle!
Yesterday, we discussed the mechanics of this matter. Basically, we addressed the difference between a criminal appeal and a motion for a new trial as well as why it may have made sense for the defense attorney, prosecutor and SJC to take the action that they did. I should point out, by the way, that although this is a murder case, it does not change the procedures we discussed yesterday.
The case involved the December. 13, 2005, killings of four men in a basement in the Boston area. It had been dubbed the city’s worst shooting in 10 years.
The Defendant was convicted by a jury of killing Jason Bachiller, 21; Jihad Chankhour, 22; Edwin “E.J.” Duncan, 21; and Christopher Vieira, 19. Prosecutors said that he shot the men because he wanted a 9mm Glock pistol Vieira legally owned. According to them, and, it would appear, the jury, the Defendant took the gun from Vieira, shot him, then turned the gun on the three others as they tried to run away.
The Defendant was convicted and sentenced to consecutive life sentences. As discussed on Monday’s blog, the Commonwealth does not have a death penalty, so that is as tough as sentences get.
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The Death Penalty has long been a controversial issue. Nowhere is that more true than in good ol’ Massachusetts. You see, the Commonwealth, like most states, has two criminal justice systems running through it – state and federal. The crime of murder, which often carries capital punishment sentences, is usually handled in state court. In state court, there is no death penalty. However, in federal court, there is.
Depending on the circumstances, however, some murders are handled in federal court. Gary S. (hereinafter, the “Defendant”) got his murder and carjacking convictions in federal court.
The sentence? Ah, well, there is the rub.
The Defendant, originally of Abington, was convicted for his violent felonies seven years ago. The events apparently took place back in 2001. Now, seven years after a federal jury recommended the Defendant be sentenced to death for the crimes committed during a weeklong series of killings in two states, lawyers for the Defendant plan to argue in court today that he should get a new trial.
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The Massachusetts criminal defense team for Gary Lee Sampson is scheduled to appear in court on Monday to argue that their client should get a new trial. Sampson, who a federal judge sentenced to death in 2003 for the murder of three people, contends that his constitutional rights were violated because his trial lawyers at the time were ineffective.
Sampson’s new defense team is accusing his old one of failing to fully depict to the jury the entire extent of Sampson’s traumatic brain injuries and mental illness. They believe that the evidence might have caused the jury to recommend a less harsh sentence for Sampson. If executed, Sampson would be the first person in 63 years to be put to death for a Massachusetts crime.
Sampson fatally stabbed 69-year-old Philip McCloskey 24 times on July 24, 2001 after the latter had picked up the hitchhiker in Weymouth. Sampson also carjacked the victim’s car. A few days later, Sampson fatally stabbed 19-year-old Jonathan Rizzo, a driver who picked him up in Plymouth. It would be just another three days before Sampson would strangle 58-year-old Robert Whitney.
Sampson later pleaded guilty to all three murders. A federal jury in Boston made the recommendation that he put to death and US Chief District Court Judge Mark L. Wolf ordered that Sampson be executed in New Hampshire, which has a state capital murder law. Massachusetts does not have a state death penalty.
The 1st U.S. Circuit Court of Appeals upheld Sampson’s death sentence. Later, the US Supreme Court decided not to hear his appeal. Now, prosecutors for the US Attorney’s office say that they intend to fight Sampson’s motion.
Prosecutors seek to dismiss Gary Lee Sampson’s appeal, Boston Herald, August 29, 2010
Lawyers for convicted killer in carjacking murder spree seek new trial, The Boston Globe, August 29, 2010
Related Web Resources:
Sampson Timeline, The Patriot Ledger, High Beam Research, July 24, 2002
Read the 1st Circuit Opinion for this Case, Justia Continue reading
As expected, criminal justice history repeats itself in Massachusetts and its neighboring states. As discussed in earlier blogs, we have a new “Craigslist Robber” and our original “Craigslist Killer” has made the news again by robbing the Commonwealth of another high profile trial. He killed himself. As also discussed, armed robbery suspects are evading investigating officers, police officers are running over pedestrians and failing at picking them back up and even the heroic efforts of law enforcement politicians and our legislature’s efforts to stem the unstemmable tide of bullying has been called into question.
And that’s only over the past week or so! This can be embarrassing for our law enforcement leaders.
Fortunately, we have a solution.
Let’s crack down on the real plague to society…prostitution…and put some extremely public pressure on that damned Craigslist!
What? You think I’m kidding? Look, I’m kind of a creative sort, but I don’t think even I could make this stuff up.
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Big happenings in the Boston area! A police investigation into a robbery with a gun! What could be more exciting than a big SWAT team operation? The Bad Guys are usually cornered and lives hang in the balance as the Good Guys take control and take whatever Bad Guys still exist after the stand-off into custody.
Such was the scene at Fenwood Road in Mission Hill yesterday.
Well, almost.
It was a tense four hours last night as the investigating Boston Police Department special operations team and dozens of police units surrounded the apartment at issue.
The targets?
Armed robbery suspects! Pretty serious stuff!
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Ok, here is the scene. You are visiting your old pal Donny Dealer in Boston. You, being a good ol’ “party animal”, brought a bit of marihuana so you guys can party.
Donny was only too happy to party with you.
Unfortunately, unbeknownst to you, there has been an investigation going on regarding Donny and a his other friends, Mickey Mule and Greg Grower. Apparently, the investigators have the crazy notion that Donny is involved in the drug trade.
And so it is that, midway through smoking your first joint, there is suddenly a lot of noise and commotion and you suddenly find yourself lying face down on the floor with police officers saying something about a search warrant.
The officers search the apartment.
Guess what?
They find a plethora of drugs, including cocaine, heroin and ecstasy. Apparently, Donny did not need you to bring your own hard-earned pot after all.
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The Boston Criminal Lawyer Blog acknowledges that this was a bad weekend for Craigslist. Of course, some others would be quick to suggest it was a bad weekend for escorts. Let’s just say it was an eerily coincidental weekend for alleged criminals who prey upon Craigslist advertisers.
Remember the so-called “Craigslist Killer” from around a year ago? Well, before we hit the update on that particular gentleman, let’s discuss what may be his protégé…Luther H. (hereinafter, the “Defendant”) a man from Brockton. He is accused of robbing a female (alleged) escort at gunpoint after arranging a meeting with her through Craigslist, a classified advertisement website.
Although arraigned on August 5th for the July 9th incident, the Defendant’s tale hit the list of the infamous this past weekend. Plymouth District Attorney Timothy J. Cruz announced that the Defendant and his temporary ladyfriend had agreed to meet to exchange sexual services for pay at a “predetermined location”. Said location was apparently a vacant house.
At said house, the Defendant is said to have surprised the escort by what he pulled out. It was a gun. He then allegedly ordered her to strip and restrained her using zip-cuffs. Next, the Defendant asked his complainant-to-be what possessions she had for him to steal, to which she replied that her valuables were in her car.
According to Cruz, the Defendant stole the victim’s money, purse, laptop, and cellphone from her car.
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Luther M. Henderson has been arraigned on charges of Brockton, Massachusetts armed kidnapping, armed robbery, and witness intimidation. The 35-year-old man is accused of robbing a female escort that he had contacted through Craiglist at gunpoint.
On July 9, Henderson allegedly offered to pay her for her sexual services. At the house where they were to meet, he allegedly held her at gunpoint, told her to take her clothes off, made her put on zip-cuffs, and stole her money, laptop, purse, and cellphone from her car.
Henderson is also under investigation in connection to another Massachusetts armed robbery crime, also involving an escort contacted through Craigslist. The woman was also told to take off her clothes before her kidnapper stole from her.
Massachusetts Kidnapping
The crime of kidnapping in Massachusetts involves the illegal and forcible imprisonment of someone against his or her will. The kidnapping can occur within the state or involve taking someone out of state. A conviction for Massachusetts kidnapping comes with a maximum 10-year prison sentence-15 years, if the victim is younger than 16. A conviction for armed kidnapping comes with a mandatory 2 ½ year sentence if the case goes through the district courts. If it goes through the superior courts, then conviction comes with a 10-year prison sentence. Kidnapping another person with the intention of extorting money comes with a maximum sentence of life in prison.
Craigslist Escorts are Robbed, Boston.com, August 14, 2010
Brockton man accused of making Craigslist escorts strip naked at gunpoint before robbing them, Patriot Ledger, August 13, 2010
Related Web Resources:
CraigsList Massachusetts
Hey, the weather this weekend is supposed to be really nice. Are you looking for a fun activity for a summer’s evening here in Boston? Well, might the Boston Criminal Lawyer Blog suggest an evening at the fights?
No, I am not referring to wrestling or boxing or even a movie like “The Boxer” or “Rocky XVI”. Given the popularity of reality television, it is more in that vein. Sort of like a cross between that and watching some domestic violence…without the domestic.
If you would like a sample, just tune in to YouTube, Boston.com, or any one of a variety of websites sporting a video of a recent performance in Boston’s own Chinatown.
In watching it, you will be joining with Boston’s Finest. Currently, Boston police are reviewing a video that is circulating on-line of a violent altercation in Chinatown. Interest aside, there is apparently no investigation being conducted into the melee.
The 2-minute, 33-second video shows a group of seven gentlemen who appear to be harassing drivers and assaulting cars as they pass on Tyler Street in Chinatown.
Well, everybody has to have a hobby…!
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Boston Criminal Lawyer Blog