Articles Posted in Manslaughter

Today, we finish this topic and I provide evidence that I am trying to get these blogs out on a regular basis. The latter item first. Two blogs posted in two days.

And now the important stuff.

You might think that, by yesterday’s blog, I am arguing that DA Morrissey should have been criminally prosecuted. I am not. However, his example shows what we already knew…not everybody gets the same treatment by the prosecutors or courts. Further, some statutes just lend themselves to illogical prosecutions.

Yesterday, I discussed the case of Antwoin Moore (hereinafter, the “Defendant”) of Brockton. Last week, the Defendant was allegedly driving around while his driver’s license was suspended.

The police say they tried to pull him over and he decided that flight was his best option. By the end of the episdoe, he lost his freedom and 49-year-old Maryanne Kotsiopoulos, whose vehcile he collided with, lost her life.

The Defendant is charged with a variety of motor vehcile crimes, including manslaughter..
Well, t turns out that, while it is worse this time, the Defendant has been in this spot before.

A year ago in fact.

According to local media, police tried to pull the Defendant over last year. He is said to have chosen the flight option then to.

He lost that race too, although it ended without anyone dead.

Last year, he is said to have told police that he did fled after running a stop sign because he did not have a license.

Last week, his attorney says that he did not stop for the unmarked police car because he thought he was being carjacked. The police say he had given them another reason. That he did not have a license.

Attorney Sam’s Take On Escalation Of Penalties

You probably do not need me to tell you that the Defendant’s predicament is more serious because appears to be the second time he was charged with such an offense.
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On Monday, we discussed a number of recent motor vehicle accidents which took place over the past week in Massachusetts. Today, we focus on one of them.

It has all the makings of a scene from a very sad movie.

Lisa Leavitt (hereinafter, the “Defendant”) leaves a Christmas party in her own home. Lisa, a young dental assistant, gets behind the wheel. Her blood alcohol level is allegedly twice the legal limit.

Meanwhile, not too far away, Haverhill’s Karen LaPierre, (hereinafter, the “Deceased”) a 63-year-old woman many in the neighborhood regard as a “saint”, is picking up doughnuts for her church.

Allegedly speeding, the Defendant’s vehicle smashes into the back of the Deceased. The Deceased dies in her husband’s arms, her last words telling him that she loves him.

The Defendant is arrested on the scene. It turns out she has no prior record, which would include previous motor vehicle crimes. Only a couple of civil infractions.

Her entry into the criminal justice system is on a major charge…motor vehicle homicide while driving drunk.

“It was a brutal end,” Essex Assistant District Attorney John DePaulo said in Haverhill District Court Monday when the Defendant pleaded not guilty to the charge. Bail was set at $50,000 cash by Judge Patricia Dowling.

A brutal end for the Deceased. A brutal beginning for the Defendant, sobbing in the courtroom, her life forever changed as well. Prior to the accident, she had been treated for depression. Things are not likely to get better now.

Of course, she did not do herself any favors as she opted to continue her run of bad judgment allegedly telling the police, ” I don’t care what happens, just as long as I don’t lose my home. ”

Should the Defendant make bail, she will be required to wear a GPS monitoring bracelet and be tested for alcohol use in her home.

Attorney Sam’s Take Massachusetts Vehicular Homicide

Having had the experience of handling Vehicular Homicide cases, I can tell you that it is one of the saddest types of cases out there. There are no clear villains…albeit usually plenty of bad judgment. Often, as is perhaps the situation here, that bad judgment is related to emotional issues or substance abuse. It is not always about someone who was sloshing them back in abject celebration and then skipping happy-go-lucky to their car simply throwing any semblance of responsibility to the wind Continue reading

As you may recall, this Boston criminal lawyer has been linked to the late, famed and, frankly, supremely talented Michael Jackson. As one can see on the website’s profile, I was a regular commentator on the Fox News Channel during his trial for sexual assaults against children a number of years ago. Then, upon his untimely death, I was again sought after by various television, radio and print media to discuss the tragedy.

And now, the saga has entered its final stages and the same government which once accused him of being a sexual predator has now renamed him “victim” and charged his doctor with his homicide.

Unlike when Jackson was a defendant, this time the state was successful in its prosecution.

Conrad Murray, M.D., has been found guilty of involuntary manslaughter. He now remains in custody as he awaits sentencing.

The state’s theory, supported by a variety of lay and expert witnesses, as well as eye-opening communications and tapes, was that Murray, Jackson’s personal physician, engaged in several medical missteps that led directly to the King of Pop’s death as a result of a drug overdose.

The 58 year old cardiologist faces a maximum sentence of four years in prison and a minimum sentence of probation when he returns to court on later this month. The doctor, who has already had his medical license suspended by California authorities, will likely be prohibited from practicing medicine.

As you may recall, I was somewhat surprised when it came out that the good doctor ‘s legal team might suggest that Jackson committed suicide. You can read that posting, by the way here As you may recall, at the time of his death, Jackson was making a comeback, had spent a great deal of time enjoying his children and was putting together a huge concert which was being recorded and ended up released as a major motion picture. If he had weathered the turmoil of his days as a criminal defendant without an attempt at suicide, it was difficult to imagine that this would have been the time he would have done so. However, sure enough, the defense lawyers did not agree with my outlook. They attempted to persuade the court that Michael Jackson died by his own hand. Unfortunately for the defense, there was scant, if any, evidence of that.
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As a long-time Boston criminal lawyer, I can tell you that jury selection, at least in the Massachusetts state courts, is usually an exercise that takes far less time than it does in other jurisdictions
There are exceptions, of course. For example, picking a jury in a Massachusetts rape case or anything that has children as the alleged victim, takes longer because many potential jurors simply do not want to serve on such a case.

In many jurisdictions, the court allows the attorneys to question the jurors.

Not in Massachusetts. As a result, picking the men and women who will make a decision that can end a citizen’s life as he knows it, usually takes around one to two hours.

Of course, the homicide case of the late Michael Jackson is not taking place in Massachusetts. The jury selection in that matter, has just taken place in California, has begun. Dr. Conrad Murry (hereinafter, the “Defendant”) is charged with involuntary manslaughter. Authorities contend he gave the singer a lethal dose of the anesthetic drug Propofol in the bedroom of the singer’s rented mansion on June 25, 2009.

The jury, containing seven-men and five-women has been selected by active participation on the parts of both the attorneys and the court.

They were culled from a group of 145 potential jurors.

The trial is expected to take roughly five weeks. Opening statements are expected to begin tomorrow.

In Massachusetts, the trial would have probably been over before this jury was selected.

Attorney Sam’s Take On Who Selects Your Jury

“Sam, are you saying that a Massachusetts criminal defendant does not participate in selecting his own jury?”

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