Felonies and Violent Crimes

July 9, 2009

A Blog Is Delayed, But Returns Tomorrow With Discussion Of Rape, Murder, Michael Jackson And The Media

This is the week of media, Michael Jackson and criminal justice. And the (usually) daily Boston Criminal Lawyer Blog is following those fine traditions today.

Remember back to Michael’s trial? Remember how he came late to court a few times and the judge got mad and ordered him in one morning? As I recall, he showed up in his pajamas. Well, I will be wearing a suit, but because I have to run off earlier than expected, I am afraid that today’s blog which is the weekly “Attorney Sam’s Take” is going to have to be delayed one day.

On television, they would call this a “cliffhanger”.

June 30, 2009

Hanover Man Pleads Not Guilty to Kidnapping and Attempting to Rape 6-Year-Old Neighbor

by Altman & Altman

Massachusetts prosecutors are accusing a 26-year-old Hanover man of kidnapping, attempting to rape, and injecting a 6-year-old girl with an unknown substance. During his arraignment in Hingham District Court yesterday, Justin Shine pleaded not guilty to charges of attempted rape, kidnapping, assault and battery, and resisting arrest. He is being held without bond until his dangerousness hearing, which is scheduled for Wednesday.

Among the allegations against Shine:
• He was high on cocaine when he abducted the girl.
• He got her to enter his apartment by telling her he had gerbils and guinea pigs.
• He injected her with a substance that made her drowsy.
• He bound her hands using black tape, shackled her ankles, and put tape on her mouth.

As police searched the apartment complex for the girl, Shine slit his own wrist. The girl either was let go or escaped. She did not sustain physical injuries. Police claim that Shine resisted arrest but they were able to subdue him.

Neighbors say that the Shine and the girl live near each other in Hanover Woods, a Massachusetts apartment complex.

Kidnapping
Kidnapping consists of secretly or forcibly imprisoning a person or keeping the victim confined against his or her will. This crime can comes with a maximum 10-year prison sentence in Massachusetts. A defendant convicted of kidnapping could be ordered to face a lengthier prison sentence if he or she used a dangerous weapon when committing the crime, caused serious sexual or other physical injury to the victim, kidnapped a person younger than age 16, or abducted someone for monetary gain.

Kidnapping, aggravated kidnapping, and kidnapping with the intent to extort money are serious criminal offenses in Massachusetts. You cannot battle these charges without the help of an experienced Boston criminal defense lawyer. There may be insufficient evidence in your kidnapping case, or the alleged crime may be one involving mistaken identity or a misunderstanding. Your Massachusetts defense attorney can combat the charges that were filed against you.

DA details alleged kidnapping in Hanover, Boston.com, June 29, 2009
Girl’s Horror In Hanover Kidnapping Revealed, WBZ, June 29, 2009
Related Web Resources:
The General Laws of Massachusetts

National Child Kidnapping Facts, Polly Klaas Foundation Continue reading

June 24, 2009

Boston-Area University Employees Plead Guilty To Larceny From School

by Altman & Altman

Well, this one cuts alittle close to home; I went to Tufts. Of course, I graduated undergrad there a long time ago. Long before I was a Boston criminal defense attorney. Long before the alleged white collar criminal activities to which Josephine N. (hereinafter, “Defendant 1”) and Raymond R. (hereinafter, “Defendant 2”) have now pleaded guilty. The pair were fairly high up on the funding ladder for the University at the time of their alleged misdeeds. Now, they have fallen off that ladder and landed in state prison.

Last week, Defendant 1, the director of Tufts’ Office of Student Activities from 1996 to 2007, and Defendant 2, the budget and fiscal coordinator for the Office of Student Activities from 2001 to 2007, pleaded guilty to multiple counts of larceny in Woburn Superior Court. According to the Commonwealth, Defendant 1 had stolen $37,576 and Defendant 2 had pilfered $604,873. The two had been indicted on July 1st by a Middlesex Grand Jury for counts of larceny over $250.

Yes, those would be felony charges. Each defendant was sentenced to two years to two years and one day to be followed by five years of probation as well as full restitution of the funds they have admitted to stealing.

“These two employees abused the access that they were given by the University to steal hundreds of thousands of dollars that was meant to help students,” District Attorney Leone said. “We want to thank Tufts University for referring this case to our office as soon as they uncovered this scheme and then working cooperatively with us to conduct a full investigation.”
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June 9, 2009

Boston Area College Student Arrested For “Hate Crime” Assault On The Cape

by Altman & Altman

Eric P., a college student from Winthrop (hereinafter, the “Defendant”) was apparently vacationing on Cape Cod last month. His souvenirs from the trip include an arrest record and a relationship with a criminal defense attorney.

You see, the Defendant had a little trouble in Provincetown. According to law enforcement, he approached two women in the after midnight hours in front of the Post Office Café’ and Cabaret on Commercial Street, using slurs to refer to men he assumed to be gay. He apparently followed up his impressive verbiage by pushing one of the women through a window, breaking the window and causing minor injuries to the women necessitating stitches. He is also accused of punching the women in the stomach and calling them “faggots”. According to reports, both women required medical attention.

He now faces various assault charges in connection to what has been called an anti-gay attack on the woman.

The Defendant did not make it too far after the assault, however. An angry mob reportedly formed around him as he was being arrested.

The Defendant, who had been visiting with his mother who lived near the crime scene, had apparently been drinking. In fact, authorities say that he had been ejected from the Vixen nightclub before the attack.

Would it surprise you to hear that the arrest did not go too smoothly? By the time he got to Orleans District Court, he not only faced the felony hate-crime assault charges, but also charges of resisting arrest and assaulting a police officer. He has been accused of spitting at one officer and kicking another.
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June 9, 2009

Clark Rockefeller Kidnapped His Daughter Out of Pure Madness, Says His Massachusetts Criminal Defense Attorney

by Altman & Altman

A Massachusetts jury spent more than 3 ½ hours deliberating the fate of Clark Rockefeller before going home for the day. The 44-year-defendant is charged with kidnapping his 7-year-old daughter last summer. During closing arguments, the prosecution had urged the jury to think of the defendant as controlling, self-centered, and an expert manipulator-albeit with a personality disorder-Rockefeller’s defense attorney argued that his client suffers from an acute mental illness and that it was “pure madness” that drove him to take his daughter.

He also contended that there is no way that Dr. James A. Chu, the psychiatrist for the prosecution, could have properly diagnosed his client after just one 2 ½ hour session. The defense noted that its own mental health experts, who were trained in forensics and had evaluated dozens of defendants in the past, met with Rockefeller 14 times for a total of 28 hours.

Rockefeller had pleaded not guilty to the kidnapping charge by reason of insanity after he abducted his daughter on July 27 during a supervised visit. They traveled to Maryland and he was arrested six days after they disappeared. His daughter Reigh was found unharmed. He is also is charged with assault and giving police a false name.

Rockefeller’s Massachusetts kidnapping case has drawn national attention in part because of his interesting backstory. His real name is Christian Karl Gerhartsreiter and he reportedly has used five different aliases over the years, including pretending to belong to the famous Rockefeller family.

He later married Sandra Boss, who is Reigh’s mother. Boss says she never doubted her husband’s personal history until she hired a private investigator when they got a divorce in 2007. Rockefeller’s attorney claims that Rockefeller “went over the edge” after Boss filed for divorce and he lost custody of his daughter. Rockefeller believes his daughter was using telepathy to tell him that she needed to be saved.

‘Clark Rockefeller’ kidnapping case goes to jury, Google/AP, June 8, 2009
Defense closing: Rockefeller not ‘playing with a full deck’, Boston.com, June 8, 2009

Related Web Resources:
Clark Rockefeller Case Timeline, Boston.com
Massachusetts Laws, Justia Continue reading

June 7, 2009

Group Reports Massachusetts 15 Domestic Violence Homicides to Date for 2009

by Altman & Altman

According to Jane Doe Inc., there have been 15 domestic violence deaths in Massachusetts this year. The latest victim, Rebecca C. Moulton, was allegedly beaten to death by her live-in boyfriend. Moulton was 27.

Her boyfriend, David W. Vincent from Pittsfield, was initially held for assault with intent to murder and aggravated assault and battery. On Friday, Vincent pleaded guilty to an “upgraded” charge of murder.

Jane Doe Inc. says that there were 25 domestic violence murder in 2008 and 42 domestic violence deaths in 2007.

Domestic Violence
Domestic violence may consist of violent interactions between family members or members of the same household or people that are or were romantically involved with one another. Domestic violence should not be tolerated.

While this is a serious crime that can cause great injury to its victims, not everyone that is accused of committing domestic violence is guilty of the offense. In some instances, a fight between a husband and wife can be wrongly construed as a domestic violence incident, with one party forced to take the brunt of the blame. False accusations have also been known to occur-sometimes brought about during the heat of the moment.

An experienced Boston criminal defense law firm understands that there are often complex dynamics at play during interactions between family members and lovers. Massachusetts, however, has a mandatory arrest police that mandates that law enforcement officers arrest anyone accused of domestic violence. Domestic charges may include allegations of assault, harassment, reckless endangerment, restraining order violations, assault with a deadly weapon, unlawful imprisonment, stalking, kidnapping, and murder.

You are entitled to the best defense possible against any Massachusetts domestic violence allegation or criminal charge. The outcome of your case could affect your marriage, your career, divorce or child custody proceedings, and the rest of your life.

Cops: State logs 15th domestic violence homicide of 2009, Boston Herald, June 6, 2009
Pittsfield Man Pleads Not Guilty To Murder, CBS 3 Springfield, June 5, 2009

Related Web Resources:
One Million False Allegations of Domestic Violence Each Year, Report Finds, MediaRadar.org, January 29, 2007
Domestic Violence, The National Father’s Resource Center Continue reading

June 2, 2009

Billy Bob Thornton’s Daughter Charged with Child Neglect in Death of Baby

by Altman & Altman

Police have charged Amanda Brumfield, movie star Billy Bob Thornton’s 29-year-old daughter, with child neglect causing harm or disability. The criminal charge stems from the death of a toddler that she babysat last October. The baby was 1.

Brumfield reportedly told police that the baby she was taking care struck her head after falling out of a playpen. She was unable to revive the toddler and sought help two hours after the fall accident.

Autopsy results indicate that the girl sustained a traumatic brain injury and fractured her skull. The medical examiner ruled the baby’s death a homicide.

Police say that Brumfield’s account of what happened is not consistent with the toddler’s injuries. Police said they don’t believe that a 1-year-old can balance on a playpen railing. They agree that the toddler struck her head, but they say the force of impact had to have been harder than just falling out of a playpen.

Massachusetts Child Abuse
In the state of Massachusetts, the Department of Social Services looks into all cases involving potential child abuse. Child abuse allegations may include those involving Shaken Baby Syndrome, child rape, physical assault, indecent assault and battery, and child pornography.

According to the Department of Children and Families, Massachusetts ranks #2 among US states for having the most reported child abuse cases. In 2008, there were 119,247 Massachusetts child abuse cases reported-that’s 13 more a day than the number of Massachusetts child abuse cases that were reported in 2007.

That said, not every person accused of or arrested for child abuse is guilty, and parents, stepparents, grandparents, uncles, aunts, siblings, babysitters, and other caregivers can find themselves facing criminal charges for a crime they did not commit.

The best way to combat the Massachusetts child abuse charges against you is to speak with an experienced Boston criminal defense law firm about your case.

Thornton’s daughter arrested after baby’s death, MSNBC.com, May 31, 2009
Report: Thornton’s daughter charged in kid’s death, AP, May 31, 2009
Lynn child abuse rates outpacing most of U.S., ItemLive.com, June 1, 2009
Related Web Resources:
Office of Health and Human Services, Mass.gov
What is Child Abuse and Neglect?, Childwelfare.gov Continue reading

May 29, 2009

Amherst Teenager Found Not Guilty of Explosives Charges

by Altman & Altman

In Hampshire Superior Court, a Massachusetts jury acquitted 19-year-old John Robison of charges that he set off explosives to intentionally cause injury or property damage. If convicted, the Amherst teen could have been sentenced to up to 20 years in prison. Formal charges against him included one count of setting off detonating devices close to property or people and three counts of malicious explosion.

In 2008, a vendor of laboratory equipment that became suspicious about an order the teenager placed contacted South Hadley police. The cops, who went to Robison’s home, spent three days evacuating volatile chemicals, including some of what they considered “high explosives,” from the residence. They worked with the FBI on safely removing the explosives. Neighbors were asked to temporarily evacuate their homes at this time.

Robison, who has had an interest in chemistry since he was a young boy, set of explosions at the town landfill, in his father’s home, and in the woods. He posted footage of these explosions on YouTube.

According to Robison’s criminal defense attorney, none of the footage showed any property damage, except for weeds getting scorched and dirt in the woods getting moved around. The teenager, who testified at his own trial, says that he was extremely cautious in making sure no one would get hurt by his experiments. He also says he would not allow people that he considered offensive or dangerous to log onto a Web site that he created to promote his experiments.

Robison’s Massachusetts defense lawyer has always maintained that no evidence ever existed to support the criminal charges against his client and that both the indictment and the criminal trial should never have happened. Unfortunately, indictments can be brought against you even when you are not guilty of committing a crime. The best defense is a proactive defense by Boston criminal defense attorneys that know how to protect you and your rights.

Mass. teen cleared or explosives charges, Boston.com, May 28, 2009
John Robison of Amherst found innocent of malicious explosion charges, MassLive.com, May 27, 2009

Related Web Resources:
Teen-ager indicted for ‘malicious explosion’, MassLive, April 2, 2008
YouTube
Continue reading

May 27, 2009

Got Guns? A Boston Criminal Lawyer Discusses Firearms Possession In The Commonwealth

by Altman & Altman

I remember years ago, before I was a lawyer, growing up in the Boston area and hearing commercials about what happens if you are arrested for possessing a gun. “If you are caught with a gun”, I recall it saying, “you will go to jail for one year…and nobody can get you out”. The tone of the announcement made it clear that the possession of guns was behind the ever-worsening crime problem.

And, then, came the other public service announcements which declared, “Guns don’t kill people, People kill people.”

And so it seemed to me that the obvious solution would be to simply send the guns to jail for a year with no hope them of getting out.

Then came my education at the hands of the Boston University School of Law, the Kings County District Attorney’s Office and, finally, my many years as a Massachusetts criminal defense attorney. Throughout these years, I have seen the gun issue from many different perspectives. All of these perspectives get a voice in the realities of the criminal justice system.

The result?

There is no one clear and simple answer as to how gun possession is handled by the courts. As with most things in the criminal justice system, it depends on the circumstances. There is no simple, issue-free gun possession case. This is why you need an experienced criminal defense attorney to guide you through the morass of potential scenarios when facing prosecution for possessing a firearm.

And that is why this week’s Attorney Sam’s Take discussion is about gun possession in Massachusetts.
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May 26, 2009

Boston-Area Dogs Assist Law Enforcement As Both Canine Police Officers And Crime Victims

by Altman & Altman

Dogs are considered “Man’s Best Friend”. In the Boston area, though, they are particularly close with “man” involved in criminal prosecutions. After almost a quarter century as an attorney, I can finally see the day coming when I may have to cross-examine a pooch. A number of cases this very month underscore the canine war against crime.

Let’s start with a story from the Boston Herald this very Tuesday. Michael P., 52, of Allston (hereinafter, “Defendant 1”) had a bit of an altercation with his neighbor’s German shepherd. Yes, the altercation included Defendant1’s assault of the dog.

You see, Defendant 1 says he was frustrated and angry with the dog because it constantly barked at him from behind a fence. For some reason, Defendant1 apparently thought that throwing hot coffee in the dog’s face might clear up the issue.

The police were called to the scene. While the dog’s owner told prosecutors that his dog suffered no injuries, the officers were still able to smell the coffee on the dog’s fur.
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