Felonies and Violent Crimes

July 18, 2007

Massachusetts Crime Lab Did Not Test Evidence From Over 16,000 Cases

A new probe shows that the Massachusetts State Police Crime Laboratory failed to analyze evidence samples from more than 16,000 crimes that occurred in the state. Unexamined evidence included evidence from about 1,000 homicides and other deaths, as well as from over 6,500 sexual assault cases.

The lab has yet to open some 4,000 rape evidence kits. Evidence from about 2,900 criminal cases must still undergo DNA testing, and 10,000 evidence kits are being held in cold storage. The investigation into the lab’s lack of performance was requested by Massachusetts Governor Deval L. Patrick’s administration.

The Massachusetts Organization of State Engineers and Scientists blames the backlog on insufficient staffing at the lab. It also called on the need for more forensic scientists to handle the new crime lab equipment that had been purchased by the state. Massachusetts will now have to pay millions of dollars to private labs so they can eliminate the testing backlog.

The lab’s inability to process what could be important DNA evidence could lead to many convicted persons being set free after serving time in prison for rapes and murders they did not commit. Criminal cases from as far back as the 1980’s could be affected by the evidence backlog. The untouched evidence also could mean that many rapists and murderers may still be free.

The Innocence Project at Cardozo Law School in New York says that forensic testing errors were found in 63% of criminal cases where persons were exonerated. DNA testing backlogs, false confessions, eyewitness errors, and police informants were also reasons cited for exonerations.

The state says it will examine evidence in cases that can still be prosecuted. Cases where the statutes of limitations have already expired, however, will never be properly served.

Crime lab didn’t test 16,000 cases, Worcester Telegram & Gazette News, July 17, 2007
Crime lab crisis threatens us all, Boston Herald, July 17, 2007
Probe finds evidence from crime scenes never analyzed, Boston.com, July 15, 2007
Forensic Errors Often Contribute to Wrongful Convictions, Criminal Law Lawyer Source

Related Web Resources:

The Innocence Project

Wrongful Conviction, American Bar Association Continue reading

July 17, 2007

Fugitive Bomber is Arrested in Quincy, Massachusetts While Taking a Nap

by Altman & Altman

Yesterday, US marshals, Boston police, and Quincy police recaptured Thomas A. Shay, the fugitive bomber who served 10 years in prison for the 1991 Roslindale bombing that killed one Boston cop and injured another. Shay was discovered yesterday at his mother’s home in Quincy where he was taking a nap. He had been on the run for the past year.

Shay, 35, had been convicted of plotting to make a homemade bomb that was planted under his father’s car. On October 28, 1991, the bomb went off while Boston Police Bomb Squad members were examining the vehicle in a Roslindale driveway. Officer Jeremiah J. Hurley Jr. was killed in the explosion. Hurley’s partner, Officer Francis X. Foley, became permanently disabled and unable to work after losing an eye in the bomb blast.

In April, Alfred W. Trenkler, a friend of Shay’s that had also been convicted in the bomb-making plot, got his sentenced reduced from life in prison to 37 years. Trenkler has always maintained his innocence.

Shay had been released from prison in 2002 after serving 10 years of a 12-year sentence. Since then, however, he has been accused of regularly violating the terms of his federally supervised release. He was returned to prison in 2005 after leaving a halfway house and assaulting a Northeastern University officer.

In 2006, he was arrested in Spencer on state charges of selling narcotics to a teenager and stealing from another teenager. A fugitive warrant was issued in his name after he fled. Authorities say that Shay occasionally disguised himself as a female to avoid being recognized.

The US Marshal Service has looked for him in Maine, Chicago, New Hampshire, and in different areas throughout Massachusetts.

US Magistrate Judge Marianne B. Bowler has ordered that Shay be held without bail. A hearing regarding whether he should be ordered back to prison has been set for July 24.

Fugitive bomber is caught napping, Boston.com, July 17, 2007
Fugitive in Boston cop killing case captured in Quincy, Boston.com, July 16, 2007
Cross-Dressing Cop Killer Caught, Boston Herald, July 16, 2007
Related Web Resource:

Alfred Trenkler Innocent Committee
Continue reading

July 2, 2007

Stabbing Suspect in Boston Barroom Fight Pleads Not Guilty

by Altman & Altman

This week, a Suffolk Superior Court judge will decide whether to set bail for Bernard Piscopo, 38, the man charged in the June 17 stabbing death of Adam Rich, 26, at The 6 House bar in Boston. Piscopo’s attorney is pushing for bail because the defendant has multiple sclerosis.

Rich died after someone stabbed him eight times all over his body, including his legs, stomach, chest, back, and hand. He was treated at Boston Medical Center. His friend, Thomas Browne, was treated at Massachusetts General Hospital. Browne received 40 stitches for his knife wounds. No one has been charged in Browne’s stabbing.

According to Piscopo’s defense attorney, his client is afflicted with multiple sclerosis and could not have possibly committed the crime. His lawyer says that the bar’s cameras and forensic evidence show that Piscopo was not involved in the fight.

Witnesses from that night say that there were two altercations between bar patrons before Piscopo, a Dorchester resident, allegedly pulled a knife from his pants. He is accused of stabbing Rich and another man.

Piscopo claims that the defendant does not drink because of the shots he is required to take to manage his multiple sclerosis. He has no criminal history and served in the U.S. army for nearly 10 years. Piscopo has a fiancé and two children.

The 6 House is under investigation because of its patrons’ behavior and also for complaints that it does not offer employees workers’ compensation.

The “Not Guilty” Plea
Under the Massachusetts Rules of Criminal Procedure, when a defendant is charged with a crime, he or she can only plead guilty, not guilty, or nolo contendere. The option to plead innocent does not exist. A jury in Massachusetts is only allowed to render a verdict of not guilty or guilty. A person who committed a crime may be found not guilty for many reasons, including inadmissible evidence and by reason of insanity.

Bail Decision Due Monday in Barroom Slay, Boston Herald.com, June 29, 2007
S. Boston Stabbing Suspect Pleads Not Guilty, Boston Globe, June 21, 2007
Not Guilty Does Not Mean Innocent, Massachusetts Bar Association

Related Web Resources:

Multiple Sclerosis Health Center
Continue reading