Felonies and Violent Crimes

March 16, 2009

Embezzlement In Stoneham Results In Guilty Plea

Massachusetts white collar crimes are often investigated without the target of that investigation having any idea that they have come under scrutiny. There are a number of business-related crimes that are prosecuted all the time. Often, it is that Attorney General’s Office, rather than the District Attorney’s Office that performs these investigations and resulting prosecutions. Last Wednesday, one such prosecution came to an end. It involved an alleged embezzlement in Boston’s neighbor, Stoneham.

The matter was not simply prosecuted in the local district court, however. The AG’s Office indicted Patrice M., 51, of Somerville (hereinafter, the “Defendant”) and pursued the matter in Middlesex Superior Court.

The Defendant pleaded guilty to various crimes including False Entries in Corporate Books, Forgery, and Larceny over $250 by Continuous Scheme. The allegations of theft were brought by the Defendant’s former employer, for whom she had worked as the company’s senior accountant.

The Attorney General’s Office began its investigation after the matter was referred by the Defendant’s former employer. Investigators determined that while working as the senior accountant for the Stoneham-based non-profit organization, the Defendant stole $126,000 between June, 2001, through October, 2004. This was apparently done by stealing company checks and making them payable to herself, either by forging the signatures of authorized company officers or using a signature stamp, and then depositing the checks into her personal bank account. She then made false entries on the company’s financial records to conceal the theft.
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March 12, 2009

The Boston Criminal Lawyer Blog Visits Theft In Natick

by Altman & Altman

Not too far from Boston is the town of Natick. Natick had a couple of problems this past Tuesday evening. One of those problems got away. The other one, Aretha B., 33 of Worcester (hereinafter, the “Defendant”) did not. She was arrested, given a free trip to the local courthouse, the services of an attorney and a new court date.

The incident happenned at Neiman Marcus.

According to a security officer, he saw the pair( the Defendant and an as-yet unidentified gentleman) walking around the store. At some point, said gentleman took an expensive belt off the rack, handed it to the Defendant, who hid it in her jacket.

They left the store, and the guard confronted them.

According to police spokesman Lt. Brian Grassey, the lovely couple struggled with the security officer, the gentleman trying to free the Defendant from the grip of the officer. Apparently, there is a security video which depicts the struggle.

The store security officer was nonetheless able to grab the Defendant and bring her back to the police officer. The video shows her accomplice walking off.
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March 9, 2009

Harrowing Drive To Boston Leads Alleged Sex Crime Carjacker To Court, Defense Attorney And Incarceration

by Altman & Altman

Last week, he was trying to get to Boston. Now, he is in Bridgewater. The state hospital, that is, for a mental evaluation. He was not going to make it to his desired location anyway. The prosecuting attorney already convinced the court to hold him without bail.

It is the tale of Jquan D., 30 (hereinafter, the “Defendant”). Last Wednesday night, he allegedly carjacked a car, and kidnapped three women, for his wild ride. Those felonies were not enough for the Defendant, though. He is also said to have repeatedly punched and threatened to rape and kill the women whom he ordered to drive to Boston. According to police reports, the Defendant kept explaining that he did not want to strike them, but “the spirit is going to get him”, which, apparently, caused him to nonetheless hit the 21 to 22 year old women several times.

One of the women lives in Fitchburg. The other two had come to visit when the ordeal began. The three women were outside the car, and the driver told police she had gone to move items into the back when the Defendant, who she did not know, approached and said the women were supposed to get into the car.

“She stated that once she saw him, he was striking her friend in the back seat and that he would kill them all,” Officer James S. McCall wrote in his report. “She stated that she started to resist when she was struck in the mouth by him.”

The punch sent her tooth into her lip, she said, and the man continued to hit her as she drove and made repeated threats to kill them.
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March 4, 2009

The Boston Criminal Lawyer Blog Views The Remains Of A Boy Charged With Murdering His Brother To Control The Family Drug Trade

by Altman & Altman

Hyannis, Massachusetts, is a land one does not often associate with gang wars and murder. However, today’s daily Boston Criminal Lawyer Blog examines one of its more tragic stories…one that sounds like it came out of a bad novel… or the Civil War. It is about two brothers who were brought up in a family business too often found these days…the Massachusetts drug trade.

Now, one brother is dead. His younger brother is charged with killing him.

Mykel M., 13, (hereinafter, the “Defendant”) is now accused of masterminding the slaying of his 16-year-old half-brother Jordon (hereinafter, the “Deceased”) so he could take over the drug operation – one police say they inherited from their father, who is in prison for running one of the biggest cocaine rings on Cape Cod.

The Deceased was found shot, stabbed 27 times and dumped into a pit, where his body was torched. Another 13-year-old friend and a 20-year-old cousin also are charged with murder.

The killing has shaken the normal quiet of winter on Cape Cod, the summer tourist destination known for its beautiful beaches, salt water taffy and famous residents. In fact, the Deceased lived just a few miles from the Kennedy compound in Hyannis Port.
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February 27, 2009

Island To Boston’s South Watches Murder Defendant Who Played “Lawyer” Go To Trial

by Altman & Altman

In the daily Boston Criminal Lawyer Blog, I have often warned against making statements to try to either outsmart or rationalize when law enforcement comes a-calling investigating you for a crime. Often, by the time this happens, their “search for the truth” is over and it is just a question of building a case.

Unfortunately for Ronnie P. , 26, (hereinafter, the “Defendant”), I began this daily blog in 2008. It was too late to help him in his time of need, which was in 2007. On the other hand, it might not have made any difference. In his case, it was he who went to the police to turn himself in. Well, kind of. He told the police that he may have stabbed 36-year-old William L, 36 (hereinafter, the “Deceased”) to death.

The stabbing met the requirement of Massachusetts Assault and Battery with a Dangerous Weapon statute (among others). “To death”…well, that would mean Massachusetts Murder.

He found he had guessed correctly as he led the police to the Deceased’s home, where lay his dead blood-stained body. He had been stabbed multiple times and his throat was slashed according to police reports.

The Defendant was i charged with second-degree murder and faces a maximum possible sentence of life in prison. The trial has been occurring this week.

State prosecutors and police officers maintain the Defendant came to the Cape Coral Police Department and admitted to stabbing the Deceased multiple times during a struggle, during which the Defendant said he thought the Deceased had a loaded gun.
It’s not like the Defendant was not also injured. He had suffered a bite to his thumb, an abrasion to the left side of his body and a cut across the heel of his foot as a result of the altercation.

Sounds like the type of wounds the police call “defensive wounds”.

Detectives quickly booked Perez on murder charges and processed the scene for evidence, as well as the Defendant’s house, they testified Wednesday.
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February 26, 2009

The Boston Criminal Lawyer Blog Welcomes Drugs And Guns Defendant Home

by Altman & Altman

Today, we welcome home Germaine G., 30, (hereinafter, the “Defendant”). The Commonwealth has just welcomed him back by awarding him seven and a half years of free room and board. He had actually earned the award when he was convicted four years ago for violating Massachusetts’ drug trafficking and firearm laws. He was not there for the verdict, though. Apparently demonstrating his faith in how things went, he left his attorney behind and skipped out during jury deliberations. The former resident of north of Boston’s city of Lynn is now back in the Commonwealth’s warm embrace and it appears he will be for awhile.

The Defendant had been found guilty of trafficking over 28 grams of cocaine, trafficking cocaine within 1,000 feet of a school zone, distribution of cocaine as well as possession of a firearm and ammunition without a license.

Jurors had deliberated for five and a half hours over a two-day span, but reported their verdict to an empty chair on Nov. 30, 2004 after the Defendant, who had been free on $5,000 cash bail, failed to appear for the conclusion of his trial.

A Massachusetts warrant had been issued for his arrest.

He was intercepted in October on the warrant after trying to enter Toronto, Canada from Barbados.

Tuesday afternoon in Woburn Superior Court, Judge Elizabeth M. Fahey welcomed the Defendant back by ordering that he serve five years in state prison for the cocaine trafficking charge and also imposed another mandatory 30-month jail sentence for trafficking cocaine within a school zone, which will commence when he completes his state prison term.
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February 25, 2009

Three Massachusetts Jurors Ask Judge to Retry Case of Man Sentenced to Life in Prison for 1991 Bombing that Killed a Boston Police Officer

by Altman & Altman

In Massachusetts, three of the jurors who helped convict a man for the 1991 bombing that maimed on Boston police officer and murdered another are asking a federal judge to either grant Alfred Trenkler a new trial or free him. Trenkler was convicted in 1993 of making a bomb that killed Boston Police Officer Jeremiah J. Hurley Jr. and caused Boston Police Officer Francis X Foley to lose his eye, as well as his hearing in one ear.

Now, however, three of the jurors who helped put him behind bars are having doubts about the guilty verdict they reached and they are questioning whether he was wrongly convicted. The jurors sent letters to US District Court Judge Rya W. Zobel citing their doubts. Sheridan Kassirer, the jury forewoman in Trenkler’s criminal case, even has gone so far as to say that she thinks Trenkler may be innocence. All three jurors say they began to have doubts about the guilty verdict after reading a 700 page, unpublished manuscript written by a man who built a Web site for Trenkler.

Legal specialists say it is uncommon for jurors to have doubt about a verdict, especially one that was issued so long ago. Harvard Criminal Justice Institute Director Ronald Sullivan, however, says that the court can only act if new evidence, or evidence that had not been revealed before, has come to light.

Trenkler has long maintained his innocence and for years has sought to have the verdict appealed or his sentenced reduced. In 2007, the US Court of Appeals ruled that Judge Zobel could review the case based on Trenkler’s claims that there was new evidence that could set him free. Zobel reduced Trenkler’s double life sentence to 37 years in prison, but last year, the U.S. Court of Appeals for the First Circuit reinstated his original sentence.

Trenkler’s co-defendant and ex-lover Thomas Shay was also convicted for the same crimes in 1998, but the First Circuit Court of Appeals overturned the verdict. He was released from prison in 2002 after pleading guilty to a lesser offense but he was put back in jail in 2007 for probation violations.

Jurors who convicted in ’93 ask judge to retry case, Boston.com, February 23, 2008
It’s double-life in prison for Trenkler, Wicked Local, August 6, 2008
Related Web Resources:
Alfred Trenkler, Innocent Committee
Wrongful Murder Convictions, Massachusetts Continue reading

February 10, 2009

Boston Student Held Without Bail Despite Attorney’s Attempts

by Altman & Altman

This past weekend, there was a party on the campus of Amherst College.

There was a little trouble. The result?

One youth lies in a hospital bed recovering from multiple stab wounds. Another, Marcus S., 21 of Boston (hereinafter, the “Defendant”), actually a student of University of Massachusetts, appeared in court yesterday as his lawyer tried to get him released on bail.

That attempt was not successful.

Amherst police responded to the call for assistance from the Amherst College Police Department at about 1 a.m. on Sunday . There had been a stabbing at Crossett Dormitory on the Amherst College campus. Upon arrival, officers discovered that a 20-year-old Amherst College student had been stabbed multiple times in the back and chest. He was transported by ambulance to Baystate Medical Center in Springfield where he was treated for injuries that were not deemed to be life-threatening.

The police became suspicious of the Defendant, who was covered in blood, but only had a minor cut on his thumb. Upon investigation, according to the arresting officer, the two men had argued about a girl with whom the Defendant had been dancing.
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February 9, 2009

DNA Evidence Exonerates Man of Rape Conviction 10 Years After His Death

by Altman & Altman

24 years after he was convicted of raping a college student, Timothy Cole was finally exonerated of the crime. Last week, a judge ordered that Cole’s criminal record be expunged after DNA evidence proved that he was innocent, as he has always maintained. Unfortunately, the exoneration comes too late for Cole who died from asthma complications in 1999 at age 39. He was serving a 25-year prison sentence for a crime he did not commit.

DNA findings are now linking the rape to Jerry Wayne Johnson, who is already serving a lifetime prison sentence for more than one rape crime. On Friday, he admitted to raping the young woman. He is asking the victim for forgiveness.

Ruby Cole Session, Cole’s mother, expressed gratitude that her son’s name has been cleared. The rape victim, Michele Malin, has also come forward to clear his name. She is now 44.

Malin had identified Cole out of a photo lineup, during a live lineup, and again at his criminal trial. She says that when her case was under investigation, officials had portrayed Cole as a violent criminal.

It is reportedly not uncommon for investigators and police to manipulate lineups or for witnesses to identify a suspect who looks like the perpetrator-especially if the real criminal is not present.The dead man’s family now wants the Texas governor to issue a formal pardon.

In an unrelated case, another man was released from a Texas prison last month when DNA evidence also proved that he was serving a 99-year prison sentence for a crime he did not commit. Charles Chatman was convicted of aggravated sexual assault 28 years ago. He is the 15th inmate to be set free in Dallas County in the wake of new DNA evidence.

In Massachusetts, DNA evidence was also a key factor in exonerating Anthony Powell who was convicted of rape and kidnapping after serving more than 12 years in prison for a crime he did not commit. Powell’s conviction was vacated in 2004. Last year, Massachusetts police arrested Jerry Dixon for this crime and three others after he took a DNA test.

Rape crimes can be tough cases to prove and the wrong person be charged with a crime he or she did not commit.

Judge clears dead Texas man of rape conviction, Yahoo.com, February 7, 2009
DNA evidence frees Texas man after 26 years in jail for rape, USA Today, January 3, 2008
Innocent man finally finds justice, Boston Herald, July 18, 200i

Related Web Resources:
The Innocence Project

New Efforts Focus on Exonerating Prisoners in Cases Without DNA Evidence, NY Times, February 7, 2009 Continue reading

February 4, 2009

Boston-Area Lawyer Struggles To Prepare For Dangerousness Hearing After Client Is Found With Weapons And Assaults Neighbors

by Altman & Altman

Nikita R. 50, (hereinafter, the “Defendant”) lived in the near the City of Boston…Arlington, in fact. Until this week, he was perhaps an average-looking man who you might pass on the street and give a friendly nod to. His neighbors knew him mostly as a quiet guy who smoked cigarettes on his porch.

This changed on Monday when the Defendant put on camouflage fatigues and, armed with a 9mm handgun, allegedly ran up and down a tree-lined street screaming incoherently and pointing the handgun at his neighbors according to police.

This morning, he is a guest of the Commonwealth, held without bail and facing various felony charges, as his attorney prepares to argue to the a judge that he is not a danger to the community.

Don’t let that one lone handgun fool you, though. He was also carrying an illegal double-sided knife, police said. Inside his apartment on Magnolia Street, investigators with a search warrant discovered several more illicit knives and an illegal, high-capacity SKS assault rifle with ammunition, police said.

“Suffice to say, he was well armed,” said Chief Frederick Ryan of the Arlington Police Department.
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