Felonies and Violent Crimes

February 14, 2011

Malden Armed Robbery Sting Operation Yields Three Arrests – Attorney Sam’s Take

Sting operations in Massachusetts are not uncommon. They are employed by law enforcement to investigate various types of crimes from drug dealing to prostitution.

Oh yes. And guns.

Robert C. Kenney, 56, Christopher P. Littlejohn, 30, and Ramone Arakelow, 34, all from Beverly, (collectively, the “Defendants”) have now learned this lesson. They were arrested last week in such an operation. They allegedly thought they were planning a home invasion in Malden with “legitimate” co-conspirators.

The victim-to-be was a drug dealer.

The victim-to-be was not a legal citizen.

The victim- to be…did not exist.

The would-be victim was simply part of a fictitious scenario created by authorities who had been investigating the Defendants. What the various law enforcement agencies (FBI, State Police and various local police departments) were really after was weapons. One of the Defendants is suspected of selling seven illegal firearms in the Boston and North Shore areas, State Police said. The other two are suspected associates.
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February 9, 2011

Boston Area Men Are Arrested For Drug-Related Arson-Attorney Sam’s Take

by Samuel Goldberg

The Boston Housing Authority has had to close a nine-unit building for repairs, displacing nine families after three men allegedly set fire to a unit at the Bunker Hill housing development this week. The police say that the intended victims escaped through a window. Boston firefighters extinguished the two-alarm fire, but also had to rescue second-floor residents who were trapped by heavy smoke and fire.

Thankfully, no serious injuries were reported. According to the BHA, the families have been at hotels while the new apartments for them are sought. In the meantime, the families are being aided by the Red Cross.

James Burrell and Dashaun Lanair James, both 32 and of Charlestown, and Daniel Grayson, 28, of Roxbury, (hereinafter, collectively, the “Defendants”) have been charged with the blaze and have pleaded not guilty to arson of a dwelling and other related charges.

Bail was set at $150,000 for Burrell, $85,000 for James, and $50,000 for Grayson.

The Commonwealth believes that the arson was committed in connection with a drug debt. According to police, Burrell had been arguing with a man over said drug debt. Then, police say, the Defendants were standing in a hallway of the building shortly after midnight when a flammable liquid was poured under a unit’s door. Burrell is said to have ignited the liquid and then the Defendants all allegedly ran into a neighboring apartment building on Decatur Street.
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January 20, 2011

Mattapan Suspect Arraigned In Boston Superior Court For Home Invasion And Drugs But Not Murder- Attorney Sam’s Take

by Samuel Goldberg

It may take awhile for felony prosecutions to come, but, usually, when the police painstakingly take their time in their investigation, suspects emerge. This is being played out in Boston’s Suffolk Superior Court. Kimani Washington, 35 (hereinafter the “Defendant”), has been arrested in connection with the quadruple homicide in Mattapan in September. He was charged with various charges, including armed robbery, armed carjacking, trafficking cocaine, and being an armed career criminal.

He has pleaded “Not Guilty” and was ordered held on $500,000 cash bail after arraignment in Suffolk Superior Court.

Interestingly, the Defendant was not charged in the actual murders, although the prosecutors allege that he was a mastermind behind the armed home invasion that precipitated the deadly shootings.

Apparently, during the investigation into the murders, police found over 28 grams of crack cocaine allegedly taken during the robbery, as well as two guns. They say that these were found in a location where the Defendant often stayed. The Commonwealth also claims that one of these firearms were fired during the multiple homicide.

The Defendant is not the only one charged in the case. Another man has been actually charged with the murders and are expected in Suffolk Superior Court shortly. Further, another gentleman was arraigned previously arraigned on murder charges and held without bail.
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January 10, 2011

Boston Watches As Shootings In Arizona Leave Six Dead, Representative Gabrielle Giffords clinging to life And Questions About Violent Speech-Attorney Sam’s Take

by Samuel Goldberg

Just last week, we discussed the case of kids threatening to commit mass murder online. I mentioned that this was not the climate for it. This was illustrated horribly this past weekend in Tucson, Arizona. The end result of the event is that Federal prosecutors have brought charges against the alleged gunman accused of attempting to assassinate Representative. Gabrielle Giffords and, in the process, killing six people, ages ranging from a 9-year-old-child to an elderly woman.

Jared Lee Loughner, 22, (hereinafter, the “Defendant”) is the man accused of the shootings. He is said to have also fired at Giffords’ district director and others s standing in line to talk to the congresswoman,

“He was not more than three or four feet from the congresswoman and the district director,” said Mark Kimble, a communications staffer for Giffords. He went on to describe the scene as “just complete chaos, people screaming, crying.”

It is believed that the Defendant acted alone. Investigators said they carried out a search warrant at the Defendant’s home and seized an envelope from a safe with messages such as “I planned ahead,” “My assassination” and the name “Giffords” next to what appears to be the Defendant’s signature.
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January 5, 2011

Massachusetts Murder Of Police Officer Continues To Provoke Attacks On Parole System- Attorney Sam’s Take

by Samuel Goldberg

We live in a “when the going gets tough, the tough get blaming” society today. We continue to fall into the same behavior in the face of tragedy. Then we wonder why we have the same problems. A police officer has been murdered during a robbery t. The shooter, Dominic Cinelli, who was freed on parole in 2009 and who killed Officer John B. Maguire on December 26, 2010, had an extremely bad criminal history, yet he convinced a parole board that he was a good candidate for release.

Yesterday, as the parole board returned to work, I was interviewed on WBZ, part of which interview can be found here.

The political debate has gotten so trident that Governor Deval Patrick, simply making the statement that this is a time in which we should focus on the victims of what happened, aka the officer’s family, has raised people’s ire. He also had the temerity to suggest he should gather all the information before he passes judgment.

Such outlandish suggestions brought widespread anger from police chiefs and victims’ advocates. When we get a heaping helping of angry voices, we naturally get a side order of political posturing to go along with it. For example, House Speaker Robert A. DeLeo not only expressed outrage at the board’s decision but vowed to make it a “major focus” of legislative action in the new session.

Legislation has been suggested which would remove the possibility of parole for certain repeat offenders, and require judges to impose the maximum possible punishment for anyone convicted of their third felony in Superior Court.

And, of course, why not make it a “Republican vs. Democrat” issue why we are at it? A group of GOP lawmakers claim that the bill has been stuck in the Democrat-controlled Judiciary Committee since March, and that versions of it have been circulating without action for nearly a decade on Beacon Hill.
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December 31, 2010

Brockton Man Charged with 2008 Massachusetts Murder of Teenager at Baby Shower

by Altman & Altman

20-year-old Darryene Ware, a Brockton resident, was arraigned on Thursday for Massachusetts murder. He is accused of fatally shooting 16-year-old Chantel Matiyosus as she was leaving a baby shower in 2008. According to police. Ware and a number of other people who call themselves “D Block” started shooting at the partygoers.

He was reportedly at odds with one of the shower attendees. Prosecutors say that Ware was aiming at Matiyosus’s boyfriend and that, according to a witness, prior to the shooting Ware organized a meeting to plan the assault. Matiyosus, who sustained bullet wounds to the abdomen and head, was pronounced dead at Brockton hospital. Another victim, a male, sustained a leg injury, while another female, age 14, was shot in the wrist.

Ware has been ordered held without bail. He has prior convictions for witness intimidation and assault and battery with a dangerous weapon.

It was just on New Year’s Day 2008 that Ware’s brother, 19-year-old Markeen Starks, was fatally stabbed. Emmanuel Okoro, then 15, has been convicted of Starks’ Massachusetts second-degree murder. Witnesses say the two males got into a disagreement outside a family party and that is when Starks sustained fatal stab wounds to the neck, chest, shoulders, and face. Okoro will be eligible for parole in 15 years.

Mother of murder victim Chantel Matiyosus says suspect ‘let hate overcome everything’, Patriot Ledger, December 31, 2010
Brockton teen convicted of slaying, Boston Herald, December 30, 2010
Brockton teen shot to death, Wicked Local, April 27, 2010

Related Web Resources:
Massachusetts General Laws

Murder, Justia Continue reading

December 29, 2010

Natalee Holloway’s Mother Visits Her Daughter’s Alleged Murderer In Prison, Seeking A Confession – Attorney Sam’s Take

by Altman & Altman

This is one of those stories from this year which would probably never happen in Boston. First of all, in Massachusetts, Murder in the First Degree carries a mandatory life sentence without parole. It leaves very little to work with when one is trying to make promises to suspects to “just tell the truth” and “I can get you out of here”.

At least, that is the way one would imagine it would work. The truth is that when police officers investigate a murder, they have usually already determined who they “like” for the charge. So, when they question their target, as we have discussed in the past, it is really merely an invitation to make statements that are inconsistent with their case (and therefore “lies” that the prosecution can use in court later. If they are really lucky, they might gain a confession from the unwary that can be used to nail the case closed rather quickly.

It is basically a “win-win” situation…at least until an experienced criminal defense attorney is brought into the picture…assuming one ever is.

But, I digress already.

I remember being asked to appear on Court TV years ago when the disappearance of Natalee Holloway came to light. Almost immediately, Joran van der Sloot (hereinafter, the “Defendant”) was the chief suspect. However, his dad had alot of power, advised sonny to shut his mouth, and he was free because of a lack of evidence shortly thereafter.

Dad’s not around now, and sonny has been talking.
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December 23, 2010

Two Massachusetts Men Plead Guilty to 2009 Brookline Rape and Kidnapping

by Altman & Altman

The Norfolk district attorney’s office says that Brighton resident Joseph Arita and Waltham local Ismael Martinez are serving 20 – 25 years in prison for the 2009 Brookline rape and kidnapping of a 30-year-old woman. Arita, 26, and Martinez, 27, each pleaded guilty earlier this month to one count of Massachusetts kidnapping involving a sexual assault, two counts of aggravated rape, and other assault and battery charges.

The woman, a Brookline resident, told the authorities that while walking to her home after taking a cab from Logan International Airport on Aug. 18, 2009, she was struck on the head by one man, who then pulled her into the back seat of a red pickup truck that another man was driving. The two men then drove her to a parking lot and assaulted her before taking her to another location and freeing her.

She reported the incident to Brookline police. DNA evidence matched the woman with Martinez and Arita. The Norfolk district attorney’s office had sought to obtain 35-to-40 year prison terms plus 20 years probation for the two men.

Massachusetts Criminal Defense
The state of Massachusetts treats the criminal charges of rape and kidnapping very seriously and prosecutors will zealously pursue defendants. For example, a Massachusetts aggravated rape conviction can result in a life prison term.

It is important for you to have a Boston criminal defense law firm that can protect your rights, ensure that all laws and proper procedures were followed leading up to your arrest, and explore all avenues of defense to secure the best outcome possible for your case.

Brookline rape, kidnap suspects plead guilty to 2009 attack on woman, WickedLocal, December 16, 2010
2d suspect held in Brookline rape case, Boston.com, August 23, 2009
One Of Two Suspects Arrested In Brookline Rape Case, Boston Criminal Lawyer Blog, August 20, 2009

Related Web Resources:
Norfolk district attorney’s office

General Laws, Massachusetts Legislature Continue reading

December 18, 2010

Former Teacher Pleads Guilty to Massachusetts Statutory Rape of 15-Year-Old

by Altman & Altman

Lisa Lavoie, an ex-Holyoke elementary school teacher, has pleaded guilty to Massachusetts statutory rape and enticing a child. The 25-year-old woman is accused of running off with a 15-year-old eighth grader. Lavoie, who has been released until her sentencing next month, is not allowed to contact the teenager. Police discovered Lavoie and the teenager in a hotel room last year after the two of them had gone missing for about a week.

The boy, who was at the hearing in Hampden Superior Court on Wednesday, submitted a statement asking for leniency for Lavoie. While the prosecutor says he is seeking a 3- to 5- year prison sentence, Lavoie’s Massachusetts criminal defense lawyer wants probation. He says that his client pled guilty so that the teen wouldn’t have to testify.

Massachusetts Statutory Rape
Allegations of Massachusetts rape-especially those involving the alleged rape by a legal adult of someone under the age of 18-can be tough to combat without experienced legal help.The punishments and penalties can negatively impact a defendant for life. The statutory rape law involving child victims under the age of 16 can be punishable with a maximum sentence of life in prison.

Conviction for a Massachusetts sexual crime will cause your name to be permanently placed on the Massachusetts Sex Offender Registry Board. Regardless of the specifics of your Boston sex crimes case, having your name on this registry can negatively affect your personal and professional life.

Ex-Mass. teacher pleads guilty to statutory rape, Boston.com, December 15, 2010
Holyoke teacher Lisa Lavoie behind bars on statutory rape, other charges, MassLive, February 24, 2009

Related Web Resource:
Massachusetts Law About Sex, Massachusetts Trial Court Law Libraries
Massachusetts Sex Offender Registry Board
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December 9, 2010

Father of 3-Year-old Jonathan Chase DeBlase Charged with Murder

by Altman & Altman

Police think they have found the remains of Jonathan Chase DeBlase. The 3-year-old was last seen alive in March, but the authorities did not know that he and his sister Natalie were missing until last month. The search for the 4-year-old continues.

Now, the children’s father, John Joseph DeBlase, has been charged with two counts of murder. The authorities believe that the children were killed by their dad and stepmom. The Jonathan’s skeletal remains were discovered after his dad gave police information about where the body might be. DeBlase claimed that he couldn’t remember the exact location because he had been on sleeping pills.

Investigators believe that after Jonathan’s murder, DeBlase, Natalie, and Heather Keaton lived together until Natalie’s disappearance. The two adults, who were never married, are now blaming each other for the kids’ murders. Keaton, who is charged with two counts of neglect of a child and willful abuse, claims that DeBlase poisoned the kids. Meantime, DeBlase’s parents are accusing Keaton of killing the children during a fit of anger.

The search for the two children began after Keaton told police that she needed protection from DeBlase. She claimed that she was being held against her will and she signed a domestic violence petition. She has said that DeBlase would not let her check on the kids when they were non-responsive and that “choices were made…” DeBlase and Keaton have a baby together.

DeBlase has also been charged with two counts of abuse of a corpse and two counts of aggravated child abuse.

Father being charged in deaths of Alabama children, CNN.com, December 8, 2010
Dad of missing Ala. kids charged with murder, AJC/AP, December 8, 2010
Related Web Resource:
Murder, Justia Continue reading