Articles Posted in Felonies and Violent Crimes

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This past weekend was a bad one for 20-year-old Vernon C. of New Bedford (hereinafter, the “Defendant”). He was arrested on Sunday and charged with multiple felony charges which have brought him incarceration and a lawyer.

According to the Commonwealth, the Defendant was at a party late Friday night when he demanded a chain necklace from one of his fellow party-goers.

He did so at gunpoint.

21-year-old Scott M. (hereinafter, the “Deceased”) tried to intervene. He was shot for the attempt. He was pronounced dead Saturday afternoon. In a Boston-area hospital.
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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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The Massachusetts Supreme Judicial Court says that people convicted of sexual crimes before 2006 do not have to wear GPS devices if they violate parole or probation. The decision split the court 4-3. The majority, however, said that the law cannot be applied retroactively.

The case involves a Bristol County sex offender who was convicted in 1997. Russell M. Cory pled guilty to indecent assault and battery on a child. He served time in prison for several years and was ordered to serve 25 years probation.

Cory left prison in May 2006. He did not take part in mandatory counseling sessions or treatment. Soon after the 2006 law went into effect, Cory was ordered to wear a GPS for violating his probation. Cory, a Level 3 sex offender, is back in jail.

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Investigators are going through the Las Vegas office and residence of Dr. Conrad Murray, Michael Jackson’s personal physician. The search is part of their probe into whether or not criminal charges will be filed in the death of the pop star.

The King of Pop, 50, died on June 25, 2009 from cardiac arrest. Jackson’s untimely death not only caught the world by surprise but also caused speculation about the cause of his death. Final autopsy results are expected this week.

The latest searches involving Murray are taking place after a source familiar with the investigation told CNN that the doctor gave Jackson the drug that they believe killed him. The source says that Murray allegedly administered propofol to the singer (also known as Diprivan) just 24 hours before his death.

Assistant Special Agent in Charge Mike Flanagan, a spokesperson for the Drug Enforcement Administration, says the details of the search warrants have been sealed by a judge and cannot be revealed.

Last week, authorities in Texas went through Murray’s storage unit and medical office in Houston searching for evidence related to possible manslaughter. Investigators took Rolodex cards, certain medications, including clonazepam and phentermine, a computer, a couple of hard drives, and numerous documents.

Police have spoken with Murray two times since his death. The doctor’s attorneys, however, are refusing to comment about rumors and statements made by unnamed sources. They say that their client never administered or prescribed any medication to Jackson that would have caused his death.

Murray was the doctor with Jackson when he died. Jackson had hired him as his personal physician and was reportedly paying him $150,000/month.
Police search Jackson doctor’s home, office, CNN, July 28, 2009
Michael Jackson’s doctor becomes focus of manslaughter probe, LA Times, July 24, 2009
Related Web Resources:
Michael Jackson Dies, TMZ, June 25, 2009
Michael Jackson Funeral
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The other day, I received another one of those calls from a prospective client. He was calling me about a case in which he was scheduled to face criminal charges at Boston Municipal Court the next day. He had not sought an attorney earlier because, until he had spoken to a friend of his, he had thought the charge was “no big deal”.
He was facing felony charges.

The fact is, however, there is really no such thing as “no big deal” when you are facing criminal charges. The crime I most often see the N.B.D. misconception associated with is the charge of “Disorderly Conduct”.

Yes, this is the type of charge that Professor Gates from this week’s headlines faced. People hear of this type of charge and imagine intoxicated people waving an empty bottle of whatever they just consumed, yelling incoherently at passers-by and creating a public nuisance. The image of Otis from the old “Andy Griffith Show” comes to mind.
Yes, that fits, but such a colorful example is not necessary.
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In Massachusetts, 49-year-old Abington resident Michael McGunigle is now charged with manslaughter over the death of another Abington man. McGunigle, 48, is accused of punching Brian Cherry on July 6 during an argument.

The altercation between the two Abington men allegedly occurred after Cherry asked McGunigle to restrain his dog. McGunigle’s pet was barking, jumping at people, and scaring some of kids.

Cherry, who was knocked off his feet by the alleged punch, landed on the pavement. His head struck the ground and he sustained traumatic brain injuries. He died on Sunday.

McGunigle had initially been charged with aggravated assault over the incident. He pleaded not guilty and was out on $3,000 bail. After an autopsy was conducted on Cherry’s body, however, the Plymouth district attorney’s office changed the criminal charge to manslaughter. They are calling Cherry’s death a homicide because his cause of death was injury due to blunt force trauma.

Today, McGunigle turned himself in. At his arraignment in Brockton District Court, the Abington man was ordered held on $50,000 bail.

McGunigle maintains that Cherry was the aggressor.

A Massachusetts criminal charge for manslaughter is a serious offense that could lead to years behind bars if you are convicted. It can be especially tough to receive the fair trial that you are entitled to if the court of public opinion is against you. For instance, the media may portray you in an unflattering light or tell the story about your case in such a way that you appear to be guilty even if you haven’t been convicted in a court of law.

A good Boston criminal defense law firm will know how to navigate through the obstacles that can get in the way of you getting the fair treatment that you deserve under Massachusetts law.

Fight over barking dog leads to upgraded manslaughter charge, Boston.com, July 15, 2009
Wife: Man In Coma After Dispute Over Dog, WCVB TV, July 9, 2009
Related Web Resource:
Manslaughter, The General Laws of Massachusetts Continue reading

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Hey, remember the old days when a person actually did not have to talk to the police if he did not want to? Those were the days when we had the right to remain silent and…wait a minute. That’s today. So, now I am confused. Why is someone in the Boston area in need of a criminal defense attorney because of his dealings with the police?

I mean, if you can refuse to talk to the police officers, you can lie alittle to protect yourself, can’t you? After all, the law is clear that the police are allowed to lie to non-police types. Fair is fair, right?

Uhh….no. Actually, that would be a felony.

It is a lesson that a co-owner of a Boston nightclub, Shawn D. 29, of Billerica (hereinafter, the “Defendant”) is learning. He has been indicted for allegedly destroying evidence and lying to Boston police as they investigated a shooting outside his nightclub on New Year’s Day.
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Kristen LaBrie, a 37-year-old Salem mother, has pleaded not guilty to the attempted murder of her son. LaBrie is accused of withholding her son’s cancer treatment before his death. Jeremy, 9, was autistic.

In October 2006, Jeremy was diagnosed with non-Hodgkins lymphoma. Doctors gave him an 85-90% chance of recovery. Following chemotherapy treatment, his cancer went into remission.

Prosecutors are accusing LaBrie of child endangerment, permitting substantial bodily injury to a child, and permitting serious bodily injury to a disabled person. They claim that LaBrie did not fill her son’s prescriptions for months, allowed him to miss doctors appointments, and never asked staffers at Massachusetts General Hospital for help.

After the boy’s cancer returned, Fraser, who was given custody of Jeremy, placed him in a hospice. The boy died last March.

LaBrie’s Massachusetts criminal defense lawyer says that the 37-year-old mother is a victim in this case because Jeremy’s father, Eric Fraser, abandoned the boy with his mother. From 2006 to 2008, LaBrie was the only one responsible for taking care of their son. Fraser was given custody of Jeremy in 2008.

LaBrie says that she and her son fought his illness together. She says the true story of what happened will emerge in court.

If convicted, LaBrie could face up to 40 years in prison.

Child Endangerment
Under Massachusetts law, the crime of child endangerment involves the reckless or wanton conduct that causes risk of serious injury to someone under age 18. Serious bodily injury may involve permanent disfigurement, impairment of a bodily function, organ, or limb, or substantial risk of death.

If you have been accused of endangering a child in Massachusetts, it is important that the criminal defense team that you hire knows how to defend you against this charge. This is a serious criminal offense.

Salem mother pleads not guilty to withholding son’s cancer treatment, Boston.com, July 6, 2009
Mom denies withholding son’s medications, MSNBC, July 6, 2009

Related Web Resource:
The General Laws of Massachusetts
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Two scenarios. In the first one, you are on the streets of Boston when you are placed under arrest. The police bring you to court in due time. As you get out of the transport, there is a crowd of people outside yelling questions. You do not see them too well because you have to keep diverting your eyes from all the flashbulbs. In the second scenario, you have heard the rumblings of an investigation amid your colleagues; you seem to be its target. Everybody is treating you differently. You are scared, although you smartly have already hired an experienced criminal defense attorney. You feel that your rights are being violated every day and you have had it. You call your lawyer and tell her that you want to expose all this unfairness to the media. She says, “Not yet”.

These two scenarios are not far-fetched and they could happen anywhere at virtually any time. Both are scenarios my clients have faced. The scenes are harbingers of what is to come. Their message is, “You are about to witness, first hand, how Justice changes when the media circus roams into the criminal justice tents.”

Unless someone involved is already a celebrity, this will happen most often in cases involving homicide or sexual assault. If you are a celebrity, such as the late Michael Jackson, you simply have to be involved. When Michael was charged with, and then on trial for, a sexual assault, it was basically the number one news story. This week, as he was laid to rest, Michael was on top of the headlines again, albeit in another criminal justice role. Now, there is question of whether he was the victim of some kind of homicide.
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