Articles Posted in Felonies and Violent Crimes

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The criminal trial of Carolyn Riley, who is charged with the overdose murder of her 4-year-old daughter Rebecca, is underway in Plymouth Superior Court. While the prosecutor is depicting Carolyn as someone who refused to get her daughter medical help after overdosing her with clonidine in an attempt to get Social Security disability pay, her defense attorney argues that Carolyn is a concerned mother who gave her daughter medicine, as prescribed by a doctor, to treat her bipolar disorder.

Rebecca was found dead in her home on December 2006. Carolyn and her husband Michael were charged with first degree murder. Earlier this month, Carolyn’s criminal defense lawyer filed a motion to dismiss the charges saying there is new medical evidence supporting the couple’s claim that their daughter died from pneumonia and not from a prescription drug overdose. A judge denied the motion. Michael’s Massachusetts homicide trial will begin after Carolyn’s trial ends.

Among the witnesses that have testified against Carolyn so far is a social worker who says that she thought Rebecca was overmedicated. Also, the principal of the Elden Johnson Early Childhood Center says she saw Carolyn and Michael laughing outside the school just one day after Rebecca’s death. Yesterday, Kelly Williams, the Rileys’ former housemate, testified that Michael would demand that Carolyn overmedicate their three kids to keep them quiet. Williams says that as the 4-year-old’s condition deteriorated, she and her boyfriend James McGonnell kept telling Carolyn and Michael to take Rebecca to the doctor but that they kept putting off the visit.

Carolyn’s defense lawyers say she is a loving mother who did what she could to raise her three kids, all of whom suffered from hyperactivity and bipolar disorders.

The grief of a parent who loses a child cannot be quantified. To be accused of murdering a son/daughter is a severe blow.

Housemate details Riley child’s final night, Boston.com, January 23, 2010
Social worker warned that Rebecca Riley, 4, was overmedicated, The Boston Globe, January 21, 2010
Riley murder trial begins in Brockton court, The Daily News Tribune, January 20, 2010
Not a hard choice to have separate Riley trials, Wicked Local, January 17, 2010
Judge denies motion to dismiss murder charges against Rileys, Wicked Local, January 12, 2010

Related Web Resources:
Parents convicted of first-degree murder, General Laws of Massachusetts
Timeline: Rebecca Riley Murder Case, MyFox Boston, December 14, 2009 Continue reading

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The game of politics is afoot again in the Boston area! This means that, as the race for the late Senator Kennedy’s seat comes to the wire, it is time for whatever mud can be thrown upon one’s opponent . Often, the accusations involve the criminal justice system. That’s where I come in. Today we look at accusations involving a 2005 rape case and Attorney General Martha Coakley.

In October, 2005, 31 year-old Somerville Police Officer Keith W. (hereinafter, the “Defendant”) was said to have raped his 23-month-old niece with a hot object, most likely a curling iron. The case was presented to a Middlesex grand jury which was overseen by Coakley. That grand jury did not take action against the Defendant. Thereafter, the child’s mother filed applications for criminal complaints in the case and it was then that the grand jury indicted the Defendant.

When the Defendant was before the court, the prosecution recommended that the Defendant not be held on bail, but released on personal recognizance. He remained free until December 2007, when he was found guilty.

Now, political opponents, both old and new, are taking the pulpit to decry Coakley’s handling of the case and making the typical cry of “too soft on crime”.
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Today we discuss yet another tale wherein Massachusetts law enforcement officials are in need of a criminal defense attorney. It involves recent accusations against four such officers and an event arising out of a suspected racially motivated apprehension from this past November.

Well, it is not so much the fact of the apprehension that has raised suspicion, but the method of it. You see, Melvin J. (hereinafter, the “Passenger”) was a guest in a particular motor vehicle that police stopped. While not the driver, police say he acted suspiciously. So, the officers ordered him to get out of the car. He did as ordered…and kept going. He ran away from the scene.

The officers, apparently having lost interest in the driver of the car and whatever traffic violation they thought they had witnessed, chased after him. They say that when they chased him, he violently resisted and tried to grab one officer’s gun.

That’s a big “no-no” for law enforcement. It does, however, seem to give a perceived license for officers to do things they otherwise wouldn’t.
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For those of you who still hold fast to the fantasy that law enforcement never lies, prepare for a shock. Of course, this case does not feature law enforcement lying to convict a defendant. Instead, it is a Massachusetts law enforcement official lying to federal law enforcement who needs a criminal defense attorney.

Arlindo R., a 37-year-old former Stoughton police detective, (hereinafter, the “Defendant), admitted in federal court yesterday that he lied to FBI agents during an ongoing investigation into corruption in the police department and had promised to help authorities in their probe.

The Defendant pleaded guilty in US District Court in Boston to one count of making false statements last July 13. Agents had asked whether he knew of Stoughton police officers receiving stolen gift cards and other items from an informant secretly cooperating with the FBI. According to the government, the Defendant had been among the recipients.
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A jury has found Michael D. Holden, a former Greater New Bedford Regional Vocational-Technical High School teacher, not guilty of two counts of forcible rape of a child. The alleged victim, who is now 20-years-old, had accused Holden of driving her to a parking lot, and, while in his SUV, forcing her to have sex and perform oral sex on him in 2004.

In January 2005, the school fired Holden after 14 years of employment. He also coached the boys volleyball team.

Holden’s criminal defense lawyer had accused the alleged victim of making up the allegations because the former teacher failed her for school work, recommended that the school suspend her, and admonished her several times for not dressing appropriately and being disruptive during class.

Following the announcement of the jury verdict, Holden expressed relief that he was exonerated.

Forcible Rape of a Child
In Massachusetts, a conviction of forcible rape of a child can lead to a lifelong prison sentence. This is considered a serious sexual offense and a violent crime. If you are under investigation for this crime, it is important that you consult with a Boston criminal defense lawyer right away.

Even as a suspect in a Massachusetts rape case, your reputation, career, and personal life can be thrown into turmoil. It is important that you have a legal team that knows how to provide you with the best defense.

Former teacher not guilty in rape case, SouthCoastToday, December 15, 2009
Ex-Teacher Not Guilty Of Child Rape, The Boston Channel, December 15, 2009

Related Web Resource:
Massachusetts Law About Sex, Massachusetts Trial Court Law Libraries Continue reading

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A former Westboro middle school gym teacher and girls basketball coach is facing up to 10 years in prison after pleading guilty to one Massachusetts possession of pornography criminal charge. Brian Rossi, 37, was arrested last February after images of kids taking part in sexually explicit activities were discovered in his home during a search. Rossi’s sentencing is scheduled for February.

Arresting officers say Rossi threatened to commit suicide. He was given a psychiatric evaluation at St. Vincent Hospital and then placed under home confinement, where he has been taking medication to treat his depression and anxiety. He is also undergoing therapy.

Rossi’s Massachusetts criminal defense lawyer has asked the judge to let Rossi stay confined at home until he is sentenced so he can continue getting treatment. Rossi has admitted to owning the child pornography videos but there are no allegations or evidence that he ever touched anyone inappropriately. According to his psychological evaluation, the former teacher is not likely to reoffend.

Child Pornography
Child pornography is considered a violent crime and state and federal sentencing guidelines exist for distribution or possession of child pornography. Merely having child pornography in your possession can throw you in prison and require you to to register as a sex offender when you get out of prison. This can negatively affect your professional opportunities and personal and social relationships and alter the course of your life.

Under the General Laws of Massachusetts, Chapter 272: Section 29C, possession of child pornography consists of knowingly buying or having in your possession visual material showing a person under 18 engaged in sexual conduct.

Teacher guilty in child porn, Telegram, December 5, 2009
Ex-Mass. school gym teacher guilty of child porn, Boston Herald, December 5, 2009

Related Web Resources:
Chapter 272: Section 29C. Knowing purchase or possession of visual material of child depicted in sexual conduct; punishment, The General Laws of Massachusetts
What is Child Pornography?, Missing Kids Continue reading

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…And once again we are reminded of this year’s movie The Watchmen, where the catchphrase was “Who watches the Watchmen?” The setting is Boston’s northern neighbor, Salem, Massachusetts. The person is Marie M., 38, a former accounting clerk of Lawrence’s Probation Department (hereinafter, the “Defendant”). That’s right, the same probation department entrusted to oversee criminal defendants as they try to follow advice and role models to work their way back onto the “straight and narrow”. The Defendant’s current position is beside her defense attorney, facing charges of embezzlement in the amount of more than two million dollars.

According to the Commonwealth, the Defendant had crafted an elaborate white collar scheme that managed to elude detection for nearly three years. During her 19 years with the department, she allegedly managed to employ a host of complex accounting maneuvers to pocket approximately $12,000 a week from 2006 through this summer, when she left work amid troubling questions posed by suspicious auditors.

Last Thursday, the Defendant was in court in Salem Superior Court, facing felony charges. During the hearing, prosecutors marveled what they called an intricate and sophisticated scheme. The Defendant was apparently the only person in the department authorized to change entries in the court’s accounting system and she is said to have used this position to manipulate records and bank deposits to cover her tracks. Further, prosecutors allege that auditors who uncovered the alleged fraud had only encountered one of the Defendant’s methods (known as a “negative, non-money error reversal”) once or twice over the past 20 years.
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Well, it’s nice to see the Suffolk County District Attorney’s Office having a good time. Of course, Demetrius E., 27 of Dorchester (hereinafter, the “Defendant”) might not be laughing, though, should he read their recent press release celebrating his guilty plea in Boston’s Superior Court.

The Defendant pleaded guilty to various drug charges on November 17th. The drug of choice was crack, cocaine. The sentence was five-to-seven years in state prison. The funny part?

He is said to have stored his crack in a Chips Ahoy cookie box.

He had been arrested on Feb. 22, 2005. November 17, 2009, was to be his trial date. Instead, he pleaded guilty.
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Bruce Springsteen wrote a song claiming that “Summer is here and the time is right for racing in the street”. Well, it is not summer and the time certainly isn’t right for street speeding. The lesson, however, is a little late in the learning for 17-year-old Michelle M. of Methuen (hereinafter, the “Defendant”). Accused of drag racing in Lowell by witnesses, the young lady will be facing charges alongside a criminal defense attorney.

According to the police, the Defendant will be charged with leaving the scene of an accident causing personal injury. The injured party was a 12-year-old boy who was struck by a car during what witnesses claim to be a drag race and thrown about 20 feet. Allegedly, because leaving the scene of an accident is a misdemeanor, the Defendant is going to be summoned to court at a later date and was not arrested. She has, however, lost her license.

According to witnesses, the racers had run a red light before one of the cars struck the boy. The boy is listed in fair condition with internal and head injuries at a Boston hospital.

According to the police, the Defendant, having left the lad for dead, fled the scene and went to a Lawrence hair salon, got her hair done and then reported to the police that her car had been vandalized.
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Wanda Eileen Barzee, the woman charged with kidnapping teenager Elizabeth Smart in 2002, has pleaded guilty to federal charges of unlawful transportation of a minor and kidnapping. The 64-year-old says she will plead guilty to state charges of conspiracy to commit aggravated kidnapping.

At her court hearing on Tuesday, Barzee issued an apology to Smart for the role she played in the teenager’s abduction. As part of Barzee’s plea agreement, she will help prosecutors with their federal and state criminal cases against Brian David Mitchell, who is her husband.

Now that she has pleaded guilty, Barzee is expected to serve 15 years in federal prison. Her formal sentencing has not yet taken place. If Barzee had been convicted, she might have been sentenced to life in prison.

Mitchell and Barzee are accused of kidnapping Smart, then age 14, from her home. Barzee has admitted that she encouraged her husband to abduct the young girl and that they planned the kidnapping together.

In her plea agreement, Barzee says that she helped her husband control, confine, sexually assault, and transport Smart out of state and back. Smart was found with the couple nine months after her abduction.

Barzee, who was been staying at a Utah State Hospital, was recently declared competent to stand trial following years of being forced to take psychotropic drugs while at the mental hospital. Her husband’s competency hearing is scheduled to continue on November 30. His defense attorney says that he is incompetent and cannot defend himself during a criminal trial.

Kidnapper apologizes to Elizabeth Smart, will cooperate, CNN.com, November 18, 2009
Captor of Elizabeth Smart to serve 15 years, Los Angeles Times, November 18, 2009

Related Web Resources:
Read the Plea Agreement (PDF)

Timeline of Smart Case
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