Articles Posted in Felonies and Violent Crimes

How many of you thought that the Boston police and probation officers were over-reacting when you read my blog last week about their “late night calls” on probationers? As you may recall, it was in response to the rise of the homicide rate. Well, it would appear that these late night visits have not made that big a difference quite yet.

We have had another one of those “record weekends” in terms of shooting deaths this past weekend. Police are still investigating the shootings in the three Boston neighborhoods to find those responsible.

Yes, that means high profile arrests. Yes, that means you had better be careful, lest the finger of accusation make its way to your door.

Speaking about the shootings, these left one woman dead and five men wounded, Commissioner Edwin F. Davis has said that there are some “promising leads” already. He further added that, “It was a very unusual day to have that many incidents occur, We have noted spikes in this kind of activity before, and unfortunately, we’re experiencing one again this weekend.”

Yes, accent on the word “again”…not so much on the word “unusual”. This is not even the first time we have had such a weekend this year.
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With jury members now selected, opening statements are scheduled to begin in the Chandry Levy murder trial on Monday. The 24-year-old woman was murdered in 2001 after she was attacked while jogging in a park. Her body was found over a year later.

At the time of her disappearance, Levy was the end of her federal internship at the U.S. Bureau of Prisons. The focus of the police investigation was originally directed at Gary A. Condit, a former congressman who had been her married lover. Condit was never charged.

The man who is on trial for Levy’s murder is Ingmar Guandique, a member of the Salvadorean gang Mara Salvatrucha. Guandique was sentenced in 2002 for attacking two other women at the same park where he allegedly attacked Levy. Officials claim that while Guandique was serving time for those crimes he told other inmates that he had murdered the intern.

According to The Washington Post, prosecutors are largely basing their murder case on this alleged confession. His former inmates say that Guandique told them told he raped and killed Levy. Authorities say that Guandique had a magazine photo of Levy in his jail cell. Prosecutors may also try to prove that his prior assaults and the Levy killing exhibit a pattern of behavior.

Meantime, Guandique maintains that he is innocent of Levy’s murder. In 2002, Guandique did not fail a polygraph test when he was questioned about whether he had any information about Levy’s disappearance. After the polygraph, the lead prosecutor on Guandique’s assault case told a judge that there was “no suggestion” that Guandique played a role in the Levy killing. Also, Guandique’s defense team have questioned the police investigation, including a memo that cleared Guandique and another man of any match in fingerprints found on a vehicle that was parked close to the crime scene.

There are no eyewitnesses or evidence linking Guandique to the murder.

Police errors expected to figure prominently in Levy trial, The Washington Post, October 24, 2010
Trial may start Monday in Chandra Levy murder case, CNN, October 23, 2010

Related Web Resources:
Chandra Levy mystery: A timeline, USA Today, May 22, 2002
General Laws, Malegislature.gov Continue reading

This is a question I encounter many times from clients. People do not seem to understand the rules regarding what rights the police must read them at the time of arrest, or around that time, and what happens if they do not. The rules are the same here in Massachusetts, whether the case be for a felony like murder or a misdemeanor like shoplifting.

File this one under the drawer marked “Trying To Outsmart The Investigating Officer” in the “What Not To Do” cabinet.

For those of you who are not sure, the so-called “Miranda Rights” (hereinafter, the “Rights”) originated from a United States Supreme Court ruling years ago. The aim was to ensure that folks who were interrogated by the police understood their rights not to talk to the police while in custody. In fact, it also was to make sure that said suspects were aware of what would likely happen to any statements made during said interrogation.

We have all seen the Rights in action on television and in the movies. They advise the suspect, in fairly routine words that he/she has the right to remain silent and the right to have an attorney present, that if they cannot afford an attorney then one will be appointed and that anything he/she says will probably be used against them in court.
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As I have often written, one does not always know either when there is a Massachusetts criminal investigation or even an arrest warrant in existence in one’s name. There are various ulterior motives out there by which potential witnessesare guided to give evidence against you.

And law enforcement tends to know all about them and how to use them. After all, it is one of the things of which prosecutions are made.

Let’s take the most common such motive–fear. We turn our collective heads a bit to the north to learn about William M., an 18-year-old (hereinafter, the “Witness”) of New Hampshire. The Witness’s lawyer has announced that he has struck a deal with prosecutors to testify against two companions who allegedly led a home invasion that resulted in the killing of a nurse and the maiming of her 11-year-old daughter at New Hampshire house.

The Witness has agreed to plead guilty to being an accomplice to first-degree assault, murder conspiracy, and burglary conspiracy, and faces 30 to 60 years in prison, according to his Massachusetts lawyer. In exchange for the Witness’ cooperation, prosecutors have dropped the most serious charge he faced, being an accomplice to first-degree murder, which carries a maximum penalty of life without parole.
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SPECIAL SATURDAY EDITION

This has been a bad stretch for the Boston area in terms of homicides. Police believe they have solved the 43rd murder this year as compared to 38 killings last year at this time. The pizza delivery killing was the fifth murder in Boston in the last week.

By way of update on the pizza delivery murder,Boston police have arrested three people in connection with the slaying of 58-year-old Richel N., (hereinafter, the “Deceased”), the Domino’s pizza delivery man who was stabbed to death while making a delivery in Hyde Park early Thursday morning. According to authorities, he was lured to a vacant house, where two men and a woman allegedly robbed and stabbed him.

After the Deceased was stabbed, the three allegedly drove off in his Subaru Legacy, which was recovered Thursday at church parking lot on River Street. Police sources said investigators found “a lot of evidence” in the vehicle and detectives worked around the clock to make the arrests.

Two days ago, the news featured another piece of evidence which may well have helped in the investigation. Maria C., a Hyde Park woman, (hereinafter, the “Witness”) indicated that she feared that she unknowingly aided the Deceased’s killers. She indicated that at around the time the call to Dominoes was apparently made, she lent her cell phone to a woman. While the Witness states that she did not hear who the woman spoke with, she fears that the call was to the Deceased’s shop.
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