Manslaughter

August 29, 2023

Man Convicted of Murder in 32-Year-Old Massachusetts Cold Case

Three decades after the death of a 17-year-old Malden girl, a Middlesex jury found a Georgia man guilty of her murder. Rodney Daniels, 50, was convicted of first-degree murder this month for shooting Patricia Moreno on the fire escape of her apartment on July 20, 1991.

Moreno had been staying at the home with her foster mother, the woman’s two teenage daughters, and Daniels, who was the older daughter’s boyfriend. Daniels admitted being home at the time of the killing, according to a press release by the Middlesex District Attorney, but said he had been sleeping.

No weapon or cartridge casing was recovered from the scene and no witnesses could identify the shooter. Although police investigated the murder extensively at the time, they were not able to gather enough evidence to make an arrest. Moreno’s case went cold — until a few years ago.

January 27, 2020

Michelle Carter Released From Prison After Serving 11 Months For Involuntary Manslaughter

by Altman & Altman

Michelle Carter has been released early from prison.

The case that sparked legal precedent and resulted in polarizing, nationwide discussions has once again made headlines, as Michelle Carter – the 23-year-old Plainville, MA woman who was sentenced to manslaughter after encouraging her then-boyfriend through text messages to go through with a suicide attempt – was released early on Thursday, Jan. 23 from her cell in the Bristol County House of Corrections.

Carter was originally sentenced to two and a half years in prison in August of 2017, with 15 months to serve and five years of probation. Her release on Thursday comes marks around 11 months of time served.

Reports indicate that Carter was released early from prison due to a significant accrual of good behavior – including working in the prison’s community garden and serving food in the kitchen. Inmates in Massachusetts are permitted to earn 10 days off their sentences each month if they perform various functions – like volunteering for jobs and services in the jail – and avoiding further trouble while incarcerated.

A case unlike any before it

The case generated nationwide appeal because of its unprecedented nature. Carter did not physically coerce Conrad Roy to get back into his truck and go forward with his suicide attempt, however the sheer amount of evidence presented by the prosecution through text messages made it difficult to argue that she wasn’t, in some way, legally culpable for his going through with it.

For example, the prosecution showed how Carter – who entered into a long-distance relationship in February of 2012 – sent text messages to Roy over the course of two weeks in 2014 that encouraged him to commit suicide or belittled him for being hesitant about committing suicide more than 40 times. Roy had also suffered from mental health issues and had attempted suicide in the past, facts that Carter was aware of.

Carter even was shown to have had two conversations allotting to over 80 minutes with Roy on July 12, 2014 – the day that he ultimately went through with his suicide – and even admitted to sharing blame for his death.

“Sam his death is my fault like honestly I could have stopped him I was on the phone with him and he got out of the car because it was working and he got scared and I [expletive] told him to get back in,” Carter was shown to have said in a text to a friend. “Sam because I knew he would do it all over again the next day and I couldn’t have him live the way he was living anymore I couldn’t do it I wouldn’t let him,” another text continued.

Trial Judge Lawrence Moniz ultimately convicted Carter of involuntary manslaughter, concluding that she had not only coerced Roy to re-enter the truck where he ultimately succumbed to carbon monoxide poisoning, but had also refused to call for help despite knowing the scenario he was in. Continue reading

October 16, 2019

Supreme Judicial Court overturns manslaughter charge in UMASS overdose case

by Altman & Altman

The Massachusetts Supreme Judicial Court has overturned a manslaughter conviction that was handed down to a New Hampshire defendant following incidents where he, on two occasions, supplies a UMASS Amherst undergraduate student with heroin, which resulted in his eventual overdose six years ago, in October of 2013.

In 2017 Jesse Carrillo, the defendant who was a graduate student at UMASS at the time, was found guilty of heroin distribution and involuntary manslaughter, as the lower court argued that supplying the heroin that eventually resulted in the death of 20-year-old Eric Sinacori should result in the supplier shouldering responsibility for the young man’s death.

But the SJC disagreed with that opinion following Carrillo’s appeal of the sentence.

November 14, 2018

Alexa Asked to Testify?

by Altman & Altman

In January 2017, the bodies of 32-year-old Jenna Pellegrini and 48-year-old Christine Sullivan were found under a backyard tarp at a home in Farmington, New Hampshire. Each woman had suffered multiple stab wounds. Among the evidence collected at the home was an Amazon Echo smart speaker (commonly referred to as Alexa), which the prosecution believes may have recorded crucial sounds during at least one of the murders.

Last week, a spokesperson for Amazon said that the retail giant will not release information “without a valid and binding legal demand properly served on us.” But it looks like that information will soon be on its way. Amazon was ordered by Judge Steven Houran to release all recordings, as well as any relevant data, such as whether anyone’s phone was linked to the Echo device. A Boston criminal defense lawyer can help you determine how to proceed if you’ve been charged with a crime.

“The court directs Amazon.com to produce forthwith to the court any recordings made by an Echo smart speaker with Alexa voice command capability,” wrote Judge Houran, “from the period of January 27, 2017 to January 29, 2017, as well as any information identifying cellular devices that were paired to that smart speaker during that time period.”

Timothy Verrill was arrested and charged with the murders of Pellegrini and Sullivan. Verrill, an acquaintance of Sullivan’s boyfriend, pleaded not guilty to the double murder charges. According to surveillance video, he knew the home’s security code and had been there with both women prior to the night of the murder. Investigators believe that Alexa may have been activated by “wake words” or someone saying “Alexa” from its location in the kitchen, where they believe Sullivan’s murder was committed.

The involvement of tech in criminal cases is quickly becoming commonplace. In October, a Fitbit contributed to a murder suspect’s arrest, and Amazon had to produce data from another Echo device in a 2015 murder investigation in Bentonville, Arkansas. Although Amazon argued its First Amendment rights in that case, the defendant consented to the release of data. A MA criminal defense attorney can help you protect your rights if you’ve been charged with a crime.

Privacy vs. Information

Amazon also attempted to avoid this most recent request, saying it was in violation of customer privacy, but Judge Houran disagreed. The argument of privacy vs. information isn’t expected to disappear any time soon. In fact, in a world where nothing is considered to be of value unless it’s recorded and/or shared, the battle has likely only just begun.

Smart devices, such as Alexa, Siri and Google’s Home assistant, are in millions of homes across the country. In addition to playing music and answering questions—such as what’s the weather today and who was the first female supreme court justice—smart devices record what people say. And that recording doesn’t just disappear into the ether. It is sent to a server, where it is…well, we can’t answer that for certain. What is happening to these recordings, and who is listening to our most intimate conversations?

I guess the better question is, what is your privacy worth to you? Continue reading

July 17, 2018

Driver’ Was Watching Hulu During Deadly Accident Involving Self-Driving Uber, Criminal Charges May Follow

by Altman & Altman

Earlier this year, an Arizona woman was killed when she was struck by an Uber self-driving test vehicle. Elaine Herzberg was crossing a Tempe street with her bicycle when the tragic accident occurred. In response, Uber immediately pulled all self-driving test vehicles from cities nationwide.

Although the Uber test vehicle was in autonomous (self-driving) mode when the fatal crash occurred, there was a human operator behind the wheel in case of an emergency. According to the Tempe Police Department, Rafaela Vasquez was watching Hulu when she was supposed to be watching the road. Police also commented that the crash was “entirely avoidable.”

Was it Criminal?

Tempe police were able to obtain records from the online service that was monitoring the autonomous Uber. Records showed that Vasquez was streaming “The Voice” for approximately 40 minutes, stopping at exactly 9:59 p.m., which also happens to be the “approximate time of the collision.” In addition, police say she took her eyes off the road for nearly seven of the 22 minutes leading up to the collision.

These findings were submitted to prosecutors, and criminal charges—such as vehicular manslaughter—may follow. A Boston criminal defense attorney can help you determine how to proceed if you’ve been charged with vehicular manslaughter or any other crime.

What is Vehicular Manslaughter?

The definition and penalties vary somewhat from state to state, but manslaughter is generally defined as the non-premeditated killing of one person by another. In MA, vehicular manslaughter falls under one of two categories—involuntary manslaughter or motor vehicle homicide.

Involuntary manslaughter occurs when an individual unintentionally kills another while engaged in some form of reckless or wanton conduct. Reckless driving that leads to the death of another could be charged as involuntary manslaughter. In MA, punishment for involuntary manslaughter can be up to 20 years imprisonment.
Motor vehicle homicide, on the other hand, usually involves driving under the influence of drugs or alcohol. In MA, all motor vehicle homicide convictions carry a 15-year license suspension, up to a lifetime revocation (if you have a prior OUI conviction). If convicted of motor vehicle homicide, you may be facing up to 15 years in prison.

Wrongful Death

In addition to potential criminal charges, a civil wrongful death claim may be brought against both Vasquez and Uber. Although Uber has not commented, the ride-share giant claimed to be initiating a “top-to-bottom safety review” last month.

“We continue to cooperate fully with ongoing investigations while conducting our own internal safety review,” said an Uber spokeswoman. “We have a strict policy prohibiting mobile device usage for anyone operating our self-driving vehicles. We plan to share more on the changes we’ll make to our program soon.” A MA criminal defense attorney can help you protect your rights if you’ve been charged with a crime.

Although three drivers have been killed in Tesla Autopilot vehicles since 2016, the death of Elaine Herzberg was the first non-driver fatality involving a self-driving vehicle. Continue reading

April 5, 2018

Subject of Hit Podcast Serial Gets New Trial

by Altman & Altman

Fans of the hit podcast Serial will be interested to learn that Adnan Syed, the man whose murder conviction is the focus of the show, has been granted a new trial. Last week, Maryland’s second-highest court upheld a lower-court’s ruling that—due to deficient counsel in his original trial—Syed deserves a new trial.

The appeals court’s three-judge panel said on Thursday that his legal counsel’s “deficient performance prejudiced Syed’s defense.” They went on to say that if the defense team had managed to contact even one witness with an alibi that could “have raised a reasonable doubt in the mind of at least one juror,” the outcome may have been different. A Boston criminal defense attorney can help you determine how to proceed if you’ve been charged with a crime.

Multiple Inconsistencies

The first season of Serial followed the investigation into the murder conviction of Adnan Syed. About 18 years ago, Syed was convicted of murdering his former girlfriend, Hae Min Lee. But the show’s host, Sarah Koenig, uncovered multiple inconsistencies in the case against Syed. For example, a woman by the name of Asia McLean should have been contacted as an alibi witness; she reported having seen Syed at the same time Lee’s murder was alleged to have occurred. However, not only was McLean not contacted by the defense team, her testimony never appeared in court.

Although Thursday’s ruling upholds a previous decision to retry Syed’s case in Maryland’s circuit court, there is a good possibility that prosecutors will appeal.

In addition to failing to contact McLean, Syed’s defense team neglected to question evidence used to trace Syed to the crime scene, including the reliability of a cell phone tower that placed him at the site where Lee’s body was found in a shallow grave.

Failure to Present an Alibi Witness

Syed’s lawyers argued that his former counsel provided ineffective assistance, primarily based on the fact that Asia McLean—who said Syed was at the library at the time of the murder—was never presented as an alibi witness. Had the jury been given this information, it is possible that a reasonable doubt may have been raised in the mind of at least one juror. Judge Martin Welch agreed, saying that Syed’s previous counsel “fell below the standard of reasonable professional judgment.”

Prosecutors have 30 days within which to appeal this decision or proceed with the new trial. Whether Syed is granted bail while awaiting his new trial has not yet been determined. A MA defense attorney can help you protect your rights if you’ve been charged with murder or any other crime. Continue reading

November 1, 2017

PA District Attorney Refiles Most Serious Charges in Penn State Hazing Case

by Altman & Altman

Tim Piazza, a 19-year-old sophomore at Penn State University, died last year due to injuries sustained in a hazing incident. The Beta Theta Pi fraternity, which was supposed to be alcohol-free due to a previous suspension, led Piazza and several other pledges through a hazing ritual dubbed “the gauntlet.” Surveillance videos show a heavily-intoxicated Piazza falling several times throughout the night, including once down a flight of stairs. In total, 18 Beta Theta Pi members were criminally charged for their involvement in Piazza’s death.

In September, Judge Allen Sinclair threw out several charges against fraternity members, including some of the most serious. But last week, Pennsylvania District Attorney Stacy Parks Miller refiled some of those charges, including those for involuntary manslaughter and aggravated assault. “Today we refiled the previously dismissed charges for Tim Piazza’s unnecessary death,” said Parks Miller. A Boston criminal defense lawyer can help you determine how to proceed if you’ve been charged with a crime.

Piazza’s family believes that the reckless behavior of the defendants was directly responsible for the death of their son. According to their official statement, the fraternity brothers abandoned Piazza when they realized he was in “dire trouble.” In addition to seeking justice for their son, the family also wants to ensure that this type of behavior is stopped.

“Had it not been for the crimes committed that night, Tim would be with us today,” said Piazza’s family in the statement. “This is about bringing justice to a group of individuals who felt they were above the law and entitled to abuse and torture others because it was ‘tradition.’ This is also about justice for Tim and making a statement that this behavior is not acceptable and cannot be allowed to continue to harm others.”

Are Universities Responsible?

In one of recent history’s largest criminal cases against a fraternity, 18 members of Beta Theta Pi were charged in more than 1,000 counts. Piazza’s death has prompted a nationwide discussion about university oversight of fraternities. Penn State claims it was not responsible for enforcing the fraternity’s prohibition on alcohol, and has since banned the chapter from the campus.

“This is a huge challenge because we don’t own the houses, we don’t own the property, we aren’t the national organization governing fraternities,” said Penn State’s president, Eric Barron.

In addition to the aforementioned felony charges, other charges against fraternity members include reckless endangerment, tampering with evidence, furnishing alcohol, and hazing. A MA defense lawyer can help you protect your rights if you’ve been charged with any type of crime.

University Crack Down

The Piazza case is just one of several deadly hazing rituals at U.S. colleges and universities in recent years. Deaths at Baruch College, Fresno State University and Northern Illinois University, among others, may have been chalked up to “boys being boys” in years past. But each of these hazing-related deaths has resulted in criminal charges. Institutions of higher learning are also cracking down on binge drinking and sexual assault, banning hundreds of fraternity chapters from operating on campus, and prohibiting freshman from pledging at all. Continue reading

October 12, 2017

MA Man Among 10 People Arrested in Death of LSU Fraternity Pledge

by Altman & Altman

On September 14, an 18-year-old college student from Roswell, Georgia was killed during a hazing incident at Louisiana State University. Maxwell Gruver died of complications related to acute alcohol intoxication while trying to join Phi Delta Theta. Students hoping to be accepted into a particular fraternity or sorority are called pledges. When pledging a fraternity or sorority, the student will likely have to attend mandatory meetings, social activities, and other events. Hazing, however, should not be a requirement.

Hazing is frowned upon by most colleges and universities, and in many cases, it’s criminal. Hazing is an action or situation intended to make the pledge uncomfortable. It is generally reckless, and can endanger the student’s mental or physical health. In the case above, witnesses claim that Gruver was made to drink at least 10 “pulls” of hard liquor on the evening before his death. According to officials, the freshman’s blood alcohol content (BAC) was 0.495 percent, more than six times Louisiana’s legal limit for driving.

Felony Negligent Homicide Charge

Ten people were arrested for misdemeanor hazing that lead to Gruver’s death. One of those arrested, Patrick Forde, is from Westwood, Massachusetts. Another defendant, Matthew Alexander Naquin, is facing a felony negligent homicide charge for his role in Gruver’s death. According to witnesses, Naquin disliked Gruver. He targeted the young pledge, forcing him to drink more than everyone else.

The morning after the hazing incident, fraternity members found Gruver lying on a couch, and were unsure if he was breathing. He was rushed to Baton Route hospital, where he later died. All of the 10 suspects, ages 18 to 21, were Phi Delta Theta members. The LSU chapter has been closed by the fraternity’s national office.

‘‘The ramifications of hazing can be devastating,’’ said LSU President F. King Alexander. ‘‘Maxwell Gruver’s family will mourn his loss for the rest of their lives, and several other students are now facing serious consequences – all due to a series of poor decisions.’’ A MA defense attorney can help you determine how to move forward if you’ve been charged with hazing, or any other criminal offense.

Criminal Penalties for Hazing

Many universities have policies specifically banning hazing. Further, the dangerous ritual can result in criminal penalties, including up to 30 days in jail. And negligent homicide can carry a penalty of five years in prison. Despite the consequences, some fraternity and sorority chapters still engage in hazing. In February, a Penn State student was killed in an alcohol-related hazing incident involving the Beta Theta Pi fraternity. To date, 14 of that fraternity’s members are facing criminal charges in that student’s death.

Investigators working on the LSU hazing case are studying text messages, and have learned of possible videos. They have also gathered additional evidence, including a bag containing a “pledge test.” A Boston criminal defense attorney can help you protect your rights if you have been charged with hazing, or any other crime. Continue reading

August 15, 2017

Day Care Worker Facing Charges After Child Dies in Parked Van

by Altman & Altman

A horrific tragedy earlier this month reminds us that a vehicle can quickly become deadly on a hot day. Last week, the body of three-year-old Myles Hill was discovered in a parked van at the Little Miracles Academy day care center in Orlando. The little boy, along with several other children, had been transported from one of Little Miracles’ locations to another. When the child was found, authorities believe he had been in the van for nearly 12 hours.

According to police reports, Myles’ grandmother called the center when he didn’t get dropped off in the afternoon. Employees reported that the child had never been seen at the center that day, prompting an immediate investigation into his whereabouts. At about 8:30 that evening, Myles was found on the floor of the van, which had been parked at the center since 9:00 a.m. Outside temperatures had reached 93 degrees that day.

No Head Count

June 22, 2017

THE RETURN OF THE LONGTIME BOSTON CRIMINAL DEFENSE LAWYER AND THE STORY OF TEXTING AND SUICIDE (1 of 2)

by Samuel Goldberg

Hello, folks! You may remember be. This is Sam Goldberg (AKA “Attorney Sam”). I used to be your friendly blogger on this site on a daily basis. When last we spoke, I told you that I would be back and also doing more regular blogs elsewhere. While I have not begun the latter, I thought I would revisit the Bostoncriminallawyerblog.com to make a few postings.

If nothing else, to remind you that I am still here.

The first thing I thought I would discuss is the recent verdict of “Guilty” in the Michelle Carter matter.

As you probably know, the case involved a suicidal young man, Conrad Roy III (hereinafter, the “Deceased”) who was a friend of Michelle Carter(hereinafter, the “Defendant”). Summed up, the Deceased was communicating with the Defendant via text while he as filling his truck full of lethal fumes in a suicide attempt. Through it, the Defendant was encouraging him to follow through with the suicide. Even to the point of ordering that he get back into the truck at a moment when he was having second thoughts.

He obeyed…and died.

The Defendant was charged with of involuntary manslaughter. In a surprise move, the Defendant’s lawyer waived a jury trial and opted for a bench trial. In other words, a judge would decide the verdict, not a jury.

The gamble did not pay off.