Felonies and Violent Crimes

November 23, 2008

Prosecutors File Motion to Dismiss One 1st Degree Murder Charge Against 8-Year-Old Boy Accused of Shooting His Father and Another Man

Prosecutors on Friday filed a motion to dismiss one of the 1st degree murder charges against the 8-year-old boy who is accused of shooting his father and another victim. The boy’s father, Vincent Romero, and Tim Romans, Romero’s roommate, died from injuries they sustained in the shooting.

According to police, the boy confessed to shooting the two men in their home using a .22-caliber rifle on November 5, 2008. They recorded his confession on video.

A CBS legal analyst, however, called the interrogation of the boy “absurd.” Lisa Bloom noted that children younger than age 12 are susceptible to telling adults what they want to hear during questioning. She pointed out that the boy’s confession came only after a police officer questioned him repeatedly and prior to that the 8-year-old denied shooting the gun that killed Romero and Romans.

The boy did not have an attorney, legal guardian, or parent present during the interview by the two cops who were armed, and he was not read his Miranda rights. Other legal and child psychology experts are questioning whether the boy’s videotaped confession will be admissible in court.

Prosecutors say the boy was interviewed because they initially believed he was a victim. An assistant federal public defender says the interrogation should have stopped once the boy became a suspect.

The boy’s two 1st degree murder charges were filed in juvenile court, but St. Johns Police Chief Roy Melnick says he will try to have the boy prosecuted as an adult. To date, however, an 8-year-old has never been tried as an adult in criminal court.

Trying Juveniles in Adult Criminal Court
Sometimes, the severity of a juvenile crime may allow prosecutors to charge a juvenile in adult criminal court, where the penalties are much more severe.

Lawyers Drop One Murder Charge Against Boy, CBS News, November 22, 2008
Experts Doubt That 8-Year-Old’s Taped Confession in Double Killing Is Admissible, New York Times, November 21, 2008
Related Web Resource:

CBS News Video provided by YouTube
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November 20, 2008

Felony Gun Charges Against Drew Peterson Are Dismissed

by Altman & Altman

Felony gun charges against Drew Peterson were dropped today when prosecutors refused to turn over internal files pertaining to their decision to arrest the former police sergeant. Peterson was arrested last May and charged with owning an assault rifle with a barrel shorter than what the state law allows.

Police found the gun when they entered Peterson’s home last November. 11 guns were confiscated from his home, during a search that took place after his wife Stacy went missing on October 28, 2007. Peter, who is a suspect in her disappearance, continues to deny any wrongdoing or involvement in the case.

Since the weapons charges were filed, Peterson’s criminal defense attorney has argued that his client did not break the law by possessing the rifle because the Law Enforcement Officer Safety Act makes him immune to the state’s weapons laws. Peterson used the gun when he worked for a police SWAT team.

Today, Judge Richard Schoenstedt granted a motion filed by Peterson’s legal team to pursue a “vindictive prosecution” defense and ordered prosecutors to give the defense team a limited copy of memos, e-mails and other documents pertaining to the weapons charges against Peterson.

After Assistant State’s Attorney John Connor refused to turn the documents over, the judge dismissed the charges. Prosecutors say the will appeal the case.

Vindictive Prosecution
This term refers to prosecution used to retaliate against a defendant.

Massachusetts Weapons Possession
In Massachusetts, illegal possession of a firearm is grounds for a mandatory minimum eighteen months behind bars if a defendant is convicted. If you have been arrested for weapons possession in Boston or anywhere else in the state, you will need legal help to combat the charges or get them reduced.

Gun charges dismissed against Drew Peterson, Chicago Tribune, November 20, 2008
Judge Drops Gun Charges Against Drew Peterson, Associated Press/Fox News, November 20, 2008

Related Web Resources:

Massachusetts Laws About Weapons

Massachusetts Firearms Law Reference Chart, Goal.org Continue reading

November 12, 2008

Massachusetts Police Officer Faces Charges Of Sexual Assault

by Altman & Altman

Sometimes people pick up bad habits at work.

Many chefs turn out to be overweight. Career military folks often need to have their home life overly organized and operational. Many attorneys, like myself, tend not to be able to have a debate with someone without it turning into “oral argument”.

And then there is a certain part-time Hinsdale police officer who served as an animal control officer allegedly turning into an “animal”.

W.Rodney M., 46 (hereinafter the “Defendant”) has been charged with sexually assaulting a woman who had called the police for assistance at her home in 2005. He was arraigned on Monday in Central Berkshire District Court on one charge of indecent assault and battery on a person over 14. He pleaded not guilty and was released on personal recognizance and ordered not to have contact with the 50-year-old victim.

The charge, brought against the Defendant in early June 2008, stemmed from an event that took place in 2005, according to a report filed by Massachusetts state police investigators.

The complainant told investigators that she had made a call to the Hinsdale Police Department about a fisher cat that she had seen around her residence. The Defendant, who was acting as the town’s animal control officer, responded to the call in uniform, and after looking for the fisher cat, allegedly asked her if she was single and “lonely.” He then asked her “if she would like to be taken care of like she had never been taken care of before,” and he allegedly grabbed her hand and rubbed it on the outside of his pants, according to the statement.

The complainant said she was too ashamed to press charges three years ago, when the assault allegedly took place, adding that she felt no one would believe her, according to the report.

Somehow, after the years have passed, she was able to convince herself to come forward.
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November 6, 2008

Breaking And Entering And Maybe Drugs Lead To Murder Charges Plus One In Massachusetts

by Altman & Altman

This one isn’t so funny. It involves the type of tragedy that happens all the time, particularly in urban areas. Of course, this one has a couple of twists.

This wasn’t the big city…it was Winchester, Massachusetts. In a peaceful dead-end street lined with single and multifamily houses where residents have lived for generations. Chris and Bryan Barbaro were two brothers living on the same street where they were raised. The same street where their parents and sister still live.

Now, they are both dead.

In October, 2007, Wally S., 30 (hereinafter, the “Defendant”) allegedly kicked in the door and forced his way into the Barbaros’ three-family home and shot 48-year-old Bryan Barbaro in the chest, a wound he survived after being rushed to Massachusetts General Hospital. Brother Chris was shot in the forehead and died at that time.

Despite being wounded, Bryan Barbaro was able to call 911 and report that both he and his brother had been shot, officials said.

Although Assistant District Attorney Nathaniel Yeager told the court that 50-year-old Chris Barbaro was killed by the gunshot to the forehead, the Defendant was not immediately charged with the murder.
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October 29, 2008

North Of Boston, Halloween Celebration Leads To Charges Of Disorderly Conduct, Resisting Arrest And Assault On A Police Officer

by Altman & Altman

In today’s daily blog we continue our Halloween Theme Week with a salute to the festive spirit…including those who do not even wait for the holiday they are celebrating to arrive.

‘Tis the season for Halloween celebrations! Parties are almost mandatory for some good old fashion evil-tinged fun. What better place than Lynn for a backdrop of such a party. After all, you have heard the old saying, “Lynn, Lynn, the city of sin…!”

And so it was that various Halloween revelers partied hearty this past Friday night and into Saturday morning. By 1:00 a.m., the crowd had apparently thinned out to an intimate group of between 60 and 70 people.

In these troubled times, one just cannot have too much fun…so they wanted the party to continue. They just did not want to leave. Somebody somewhere disagreed, however, and the police were called to disperse the crowd.

Did I mention that the crowd did not wish to be dispersed?

And so it was that a disagreement of sorts took place between the police and the dispersement-challenged in West Lynn, Massachusetts.

Well, kind of a physical disagreement.

Alright, it was a fight.
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October 24, 2008

Massachusetts’ Domestic Violence Case Involves Weapon And Confession

by Altman & Altman

Unfortunately, domestic violence of varying kinds are all too prevalent in today’s society. As a criminal defense lawyer in Boston, I have seen very disturbing situations. I have written many times in this daily blog about how easy it is to get arrested and how sometimes all it takes is to anger the wrong person. I have handled many times where allegations of domestic abuse and attempts to get restraining orders are, in my opinion, simply a matter of strategy to gain the upper hand in a relationship gone bad. However, domestic violence does indeed occur and does have to be handled seriously.

A rather interesting love story unfolded this past week. On Wednesday, Denise F., 36, of Dartmouth (hereinafter, the “Defendant”) was arraigned in New Bedford District Court on charges that included armed assault to murder, assault and battery, and assault and battery with a dangerous weapon.

According to police, the Defendant’s live-in boyfriend returned home late from his birthday party late Tuesday night. This, apparently, was not acceptable.

Shortly thereafter, the police arrived pursuant to a call to 911. They found the boyfriend bleeding from his abdomen, having been stabbed. Inside the apartment, police found a bloody knife on a kitchen counter, court records said. Near the knife was a note.

The note, allegedly written by the Defendant, was an apology. It read, “I’m truly sorry for doing this to you, but I don’t love you. I never did. OK.”

The boyfriend, it would appear, took the apology to heart. He refused to go to the hospital and refused to try to get a restraining order against the Defendant. Perhaps he felt somewhat responsible. After all, he had apparently been warned. He told the police that the Defendant had threatened that she would stab him if he was not home by 10 p.m. from his birthday celebration, court records said. Clearly, he had missed the deadline.
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October 21, 2008

Boston Red Sox Nation Is Quiet; Assaults, Malicious Destruction and Disorderly Conduct Move To Other Areas

by Altman & Altman

…Gee, and it seemed like such a controllable Commonwealth.

The Red Sox faced the ultimate test again Sunday night. And failed. Sorry ’bout that. But, Boston officials had braced for any resulting outcry of emotion that might…overflow… into violence; they warned everybody to stay away from Kenmore Square, the area in Boston where exists Fenway Park…home of the Sox.

While thousands of fans packed Tropicana Field in St. Petersburg, Florida for the game, officials in Boston closed several streets to vehicular traffic and restricted parking in the area surrounding Fenway Park. Police cadets even handed out flyers, asking fans to celebrate…or the other… responsibly.

“I think they are excellent, given what has happened in the past here. I also appreciate that they were so on top of handing them out to everyone. As soon as you came down here, hours before, they were handing them out,” one fan said. The flyer warned against the crimes of unlawful assembly, disorderly conduct and disturbing the peace, as well as the punishments for them. It also warned about the strong police presence. “Enjoy yourself, but stay on campus. Don’t come down to Kenmore Square. If you come down to Kenmore Square, there will be a force of Boston police there,” Boston Mayor Tom Menino said.

Well, Fenway was under control…but people staying in their neighborhoods turned out to be a mixed blessing. Fox example, Gloucester had a few people who might have found those leaflets handy.

Police responded to early morning reports of an unwanted guest at the home of M.N., 17, (hereinafter, “Defendant 1”). When they reported to the scene Melissa S., 37 (hereinafter, “Defendant 2”) was banging on Defendant 1’s door and appeared to damage it. Defendant 2 was taken into custody on charges of malicious destruction of property over $250 and disorderly conduct. When police ran a check on Defendant 2, they found that she had an outstanding warrant for speeding and driving without a license.
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October 16, 2008

North Of Boston, A Robbery Victim Gets Lucky

by Altman & Altman

Here is a cautionary tale out of Lynn, Massachusetts, that could have ended much differently.

On Monday night, shortly after 10:00pm, Jackeline H., 26, of Haverhill, (hereinafter, the “Defendant”), earned the Commonwealth’s Bracelets of Shame after an alleged robbery.

According to the police, a certain unnamed gentleman (hereinafter, “Mr. Unnamed”) had just dropped off his girlfriend at her home and was now sitting in his car on Lewis Street, perhaps lost in thoughts of a lovely romantic evening, with a pile of cash just lying in the center console. $240 in cash to be exact.

Suddenly, according to the police, the Defendant suddenly appeared out of nowhere and jumped into the “Car o’ Cash”. She asked the driver if he wanted to buy a pair of sunglasses.

He answered “No”

At that point, the Defendant took the more direct approach and allegedly grabbed the money and jumped out of the car.

Mr. Unnamed, then, followed her down the street demanding his money back. This continued until the Defendant allegedly said she had a screw driver and, “Don’t come any closer or I’ll stab you,” according to a police report.
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October 15, 2008

Caylee Anthony’s Mother is Indicted for Her Murder

by Altman & Altman

The mother of Caylee Anthony, the 3-year-old girl who has been missing since June, has been indicted for her daughter’s murder. Casey Anthony was arrested on Tuesday after police officers saw her switch cars on a highway. An Anthony family spokesperson says that Casey was about to turn herself in to police. The arrest happened before she was able to surrender.

A grand jury has indicted the 22-year-old on charges of capital murder, aggravated manslaughter of a child, aggravated child abuse, and four counts of providing false information to police. The first-degree murder charge could lead to the death penalty or life in prison if Casey is convicted. She is expected to enter a plea to the indictment within the next 30 days. Prosecutors want Casey to be held without bond.

Casey waited a month after Caylee went missing before telling anyone about the disappearance. Investigators say that while Caylee’s body has not been found, the growing evidence continues to indicate that the toddler is dead.

According to information provided by police, Casey went to nightclubs, regularly text-messaged with friends, and entered “hot-body” contests after her daughter disappeared. She also reportedly gave conflicting statements and false information to police.

Among the evidence cites by police:

• Traces of chloroform and evidence of human decomposition were found in a car linked to Casey.
• Casey reportedly asked a neighbor if she could borrow a shovel.
• Search files on Casey’s computer indicate that she had looked up Web sites about chloroform and missing children.

Casey has always maintained her innocence.

Caylee’s mom named in murder indictment, CNN.com, October 15, 2008
Casey Anthony arrested on busy Orlando-area highway after switching cars, Orlando Sentinel, October 15, 2008

Related Web Resources:

Caylee Anthony Timeline, MyFoxOrlando.com Continue reading

October 13, 2008

Massachusetts Trespassers, Thieves And Adventurers Face variety Of Criminal Charges West and South Of Boston

by Altman & Altman

Today is Columbus Day. As we honor the adventurer who is celebrated as the man who discovered America (although other people were already living here at the time), I think it appropriate that we recognize other valiant efforts at similar discoveries. However, being that this is a daily Criminal Law blog, we unfortunately have to focus on a few not-so successful voyages.

It turns out to be easy, though; last week was not a particularly good week for voyagers to the other side of the law, especially south and west of Boston.

Let’s turn first to Tuesday in Warren, Massachusetts, where the police believe they have linked a suspect to three recent break-ins. This gentleman, Matthew W., 24, (hereinafter, “Defendant 1”), was captured thanks to his alleged intended victim – a 78-year-old woman who confronted him in her bedroom and chased him out the window.

Defendant 1 is currently being held at the Hampshire County House of Correction in Northampton, awaiting trial on charges out of Ware. Tuesday, he was arraigned at Western Worcester District Court in East Brookfield on nine counts related to three break-ins.

According to court documents, the intended not-so-helpless victim was inside her apartment in West Warren about 9:30 a.m. when she heard a voice yelling “Hello, Hello,” outside her bedroom window. She went to the window and saw a young man, who asked if she’d like him to mow her lawn. She declined and he asked her if she got out much.
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