Illegal Weapons Possession

May 6, 2009

Illegal Gun Possession is a Victimless Crime, Says Massachusetts’s Supreme Judicial Court

In Massachusetts, the state’s highest court says that defendants solely charged with illegal gun possession cannot be held without bail on the grounds that they might pose a danger to others. The Supreme Judicial Court says illegal gun possession alone is a crime that has no victims and is passive.

The SJC’s 4-1 ruling rejects Bristol District Attorney Samuel Sutter’s efforts to detained anyone charged with illegally possessing a gun prior to trial in his jurisdiction. Massachusett’s high court heard the case because a lower court would not allow Sutter to hold several people on gun charges for 90 days.

The court’s majority noted that the crime is not included in law 58A, which lists the charges that should come with a dangerousness hearing. Justice Spina noted that it is the illegal use of a fire arm and not the mere illegal possession of the weapon that poses a risk of physical harm.

As a result of the SJC ruling, eight criminal defendants in Bristol County can now go free. Sutter says that he will now try to push for at least $25,000 bail. He also wants the state legislature to amend the dangerousness statute so that gun possession cases are included.

Dangerousness hearings are held to determine whether releasing a defendant on bail will pose a danger to others. A judge can opt not to release the person or to impose a large bail sum if the defendant is determined to be dangerous. Sutter had argued that the statute contains language that gives him the authority to insist that dangerousness hearings be held for criminal defendants that have been charged in the last several years.

A bill that Sutter helped draft two years would allow defendants be held without bail for 120 days, rather than the current 90-days. Since is election in 2006, his office says that reports of shots fired in areas under his watch have declined:

• New Bedford: by 40%
• Fall River: by 34%
• Taunton: by 25
SJC calls illegal gun possession victimless, Boston.com, May 5, 2009
Ruling hurts Sutter’s firearms policy, Wicked Local, May 4, 2009

Bristol District Attorney Samuel Sutter
Continue reading

April 13, 2009

A Tale Of Weapons And Assaults From The Wild West Side Of The Commonwealth

by Altman & Altman

Recently, a Pittsfield man decided to take the “self-help” approach at law enforcement, much as they did in the “old west”. Well, at least, that is what his neighbors say. What do the police say? It would appear that they communicated something along the lines of, ” You have the right to remain silent, the right to an attorney…” and so on.

The result?

He says he is the victim of theft.

The police say he is the perpetrator of assaultive behavior.

While stealing things and making threats are both illegal in the Commonwealth, it was only he who stood before the court on Friday facing a felony charge of carrying a dangerous weapon and to a misdemeanor charge of disturbing the peace.

Shaun L., 29, of Pittsfield (hereinafter, the “Defendant”), apparently believed that his neighbors stole his computer. While calling the police was one possible choice, he went for Option Two. Said option is apparently confronting at least one of his neighbors with a knife and hammer and making threats, according to Pittsfield police.

And so it was that at approximately 2:30 a.m., this past Friday, the Defendant allegedly banged on the doors of two neighboring , accusing the occupants of stealing his computer. One neighbor, told police that the Defendant had a knife and hammer during the confrontation. Another witness said that the Defendant made threats about burning down the multi-unit apartment building where he and the neighbors reside.

When the police arrived, the Defendant was found in possession of the knife and hammer.
Continue reading

April 6, 2009

Criminal Defense Attorney Wins Search Issue In Drugs And Guns Case

by Altman & Altman

The city of Lynn’s top cop, Police Chief John Suslak, is unhappy. His ire has been raised by a ruling by the Supreme Judicial Court in Boston. On Friday, he joined law enforcement officials across the state in saying that the decision barring police from frisking suspected drug dealers for weapons in most cases endangers officers. To said officials, those pesky defense attorneys have done it again. More loopholes for criminal defendants to slip through.

To said attorneys, however, as well as the Court, those “loopholes” are Constitutional safeguards.

Last week, the SJC, the Commonwealth’s highest court, ordered police to stop pat-frisking suspected drug dealers for weapons unless they have specific information the person is armed or has a history of violence. One member of the Court disagreed with the majority, claiming that the ruling puts police officers in jeopardy. Various members of law enforcement agree with that dissenting opinion and Chief Suslak.

“Police work by its nature is dangerous, and drug work is even more so,” said Lawrence Police Chief John Romero. “We will comply with the ruling . . . but it’s going to put officers at risk.” Suffolk District Attorney Daniel F. Conley, however, is not so compliant. He has said that he wants Boston police officers to protect themselves and that he is prepared to lose some cases if a judge rules drugs were found after an illegal pat frisk.
Continue reading

April 2, 2009

Guns, Drugs and Assaults Result In Home Imprisonment North Of Boston

by Altman & Altman

Eric S., 46, of North Andover, (hereinafter, the “Defendant”) is home again…for now. In fact, he is actually confined to his home and ordered to wear a bracelet monitoring system. Through the apparently successful arguments of his attorney, he is not being held in jail without bail.

But it was a close call.

The Defendant’s latest round of legal trouble resulted from a the execution of a search warrant which was served at his home on March 23rd. Police say that they found a .38-caliber revolver, 12 grams of cocaine, $70,000 cash, and pills believed to be oxycodone and Ecstasy. He was charged with possession of a firearm without a license, possession of cocaine with intent to distribute, and possession of cocaine.

That was not the start of his problems, however. The previous evening, he had been arrested as well. That time is was on another kind of warrant – arrest warrants. The warrants had been issued in Tyngsborough where police say that he was involved in an incident early Sunday morning, March 22, at Angela’s Coal Fired Pizza, a restaurant owned by his wife.

During the Sunday morning incident, the Defendant allegedly beat a manager of the restaurant with a baseball bat, stuck a gun in his mouth and accused him of stealing $20,000 cash. The manager suffered a cut lip requiring stitches and bruises on his body from repeated strikes with the bat, police said.

For that incident, the Defendant was charged with kidnapping, assault and battery with a dangerous weapon, and threatening to commit murder.
Continue reading

March 11, 2009

Massachusetts Police Say Economic Woes Have Led to More Break-Ins, Larceny, Domestic Violence, and Other Crimes

by Altman & Altman

Police in Massachusetts say they believe that the increase in car break-ins, burglaries, scams, larcenies, and domestic violence crimes throughout the state can be attributed to the recent economic crisis. For example, the Boston Globe is reporting that in:

• Lawrence, Massachusetts: Burglaries have already increased by 52% compared to last year.
• Lowell, Massachusetts: There has been a 21% increase in thefts and larcenies, as well as an increase in fraud cases.
• Hingham, Massachusetts: Between October 2008 through February 2009, there were 57 reports of domestic violence-related crimes (up from 35 domestic violence incidents the year prior).
• Boston, Massachusetts: While large crimes are down throughout the city, certain areas have seen an increase in robberies, thefts, and burglaries.
• Between January 1 through March 1, 2009, the Suffolk district attorney’s office assessed 256 child abuse cases, which is almost twice the number of cases reported for the same period in 2008.

According to police, loss of work, loss of income, foreclosures, and loss of quality of life may be leading to desperation, frustration, anger, stress, arguments and fights between couples and business partners, drinking, and drugs.

Police departments throughout Massachusetts are also reporting some unusual crimes that could be a further reflection of the tough times that people are facing:

• A Ludlow bank was robbed two times in a little over a year in a town that hadn’t experienced a bank robbery in 20 years.
• In Hingham, one man was accused of assaulting his spouse after he was laid off from work.
• One Quincy theft crime that occurred last December involved robbers taking three snowplow blades.
• Domestic violence programs throughout Massachusetts are reporting an increase in the number of battered women asking for help.

It doesn’t help that the economic crisis is forcing police departments to cut back on budgets, which means there are less resources and staff to deal with the increase in Massachusetts crimes.

Economy fuels rise in crime, police say, Boston.com, March 10, 2009
Massachusetts Crime Rates 1960 – 2007, Disaster Center
Related Web Resources:
Massachusetts State Police
Continue reading

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.
Continue reading

February 17, 2009

South Of Boston District Attorney’s Office Policy Means A Decade In Prison For Drugs And Guns Defendant

by Altman & Altman

The new changes in the Massachusetts drug laws will not help one gentleman from Fall River. It might not happen in Boston, but New Bedford’s District Attorney has a policy that means bad news for defendants possessing drugs and guns.

The result?

A decade behind bars.

William T., 30, (hereinafter, the “Defendant”) was convicted last Monday in New Bedford Superior Court on various Massachusetts drug charges, such as trafficking Class B drugs over 100 grams, trafficking Class B drugs over 14 grams and possession of marijuana to distribute, as well as possession of an illegal firearm, unlawful possession of ammunition and unlawful possession of a large capacity feeding device after pleading guilty.

Superior Court Judge Richard Moses sentenced the Defendant to 10 years for the drug trafficking charge, and a three-year sentence to run concurrently on the Massachusetts firearm charges.

The Defendant was arrested in March 2007 after police saw him exit a residence at 33 Hall St. during a surveillance operation. Police then stopped the Defendant as he drove away from the home, and a subsequent search revealed two plastic bags in his waistband containing 122 grams of cocaine.

Police then went to the Defendant’s home and executed a search warrant. Police recovered two bags of marijuana, 23 more grams of cocaine, five firearms, ammunition, a scale, packaging materials and $37,665 believed to be drug proceeds.
Continue reading

February 9, 2009

February ’09 Gets Early Recognition As “Weapons Gathering Month” By The Boston Criminal Lawyer Blog

by Altman & Altman

This February began as “Weapons Gathering Month” as far as local police are concerned. We return to two warnings often read in the daily Boston Criminal Lawyer Blog. Namely…(1) different law enforcements agencies communicate and (2) you do not get advance notice that an investigation is going on.

No, I am not referring to the cache of weapons in a Worcester home that were discovered when police and an ambulance were called due to a medical emergency this weekend. The month’s gun-toting atmosphere predated that.

A joint investigation by five area towns resulted in the arrest and arraignment in the beginning days of February of a Maynard man on charges of stealing and trying to sell firearms, including some assault rifles.

Lawrence W., 24, (hereinafter, the “Defendant”) was arrested as a result of an ongoing investigation according to Marlborough Detective Lt. Robert Jusseaume, one of the investigators in the case. The investigation included police from Maynard, Marlborough, Hudson, Sudbury and Newton, he said.

“We were able to pool information and resources and we were able to, based on our investigation, establish probable cause that a cache of weapons was stored at house in Maynard,” Jusseaume said.

“It originated with a burglary in Newton over the summer,” Jusseaume said. “Numerous weapons, including assault rifles, were taken.”
Continue reading

February 6, 2009

Boston Criminal Lawyer Blog’s Bad Week For Law Enforcement Ends As It Began, With Assaults On Police Officers

by Altman & Altman

This week, the daily Boston Criminal Lawyer Blog ends its week as it began…with stories which demonstrate dangers faced by law enforcement and defendants applying to the “Hey, I’ll Bet I Can Make This Situation Worse” club.

Today, we have tales out of Springfield where two police officers suffered injuries Wednesday night while making two unrelated routine arrests.

Officer Francisco Otero suffered a severely injured shoulder while subduing a shoplifter during a violent struggle at Wal-Mart and Officer Maciej Jasinski suffered a severely injured knee while tackling a suspect in an icy parking lot.

Sgt. John M. Delaney, aide to Police Commissioner William J. Fitchet, said both officers required hospital treatment and have been relieved from duty.

Otero was sent to the Boston Road Wal-Mart, at about 8 p.m., for a report of a shoplifting in progress, Delaney said. Once inside, Otero was greeted by the store manager and security who stated they were monitoring a suspect who had a straight razor and was removing cell phones from their packaging and placing them in his pocket.
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.
Continue reading