Articles Posted in Murder

As this Boston criminal lawyer returns to his five-blog-a-week post (after a bit of vacation time), I came across a story which is not supposed to happen. We see it all the time, of course, on television and in the movies, but, miraculously enough, it does not happen all that often in the Commonwealth’s reality.

It is a tale of Roxbury murder. It the shooting death of a mother and teenager who were apparently suspected by a perpetrator of cooperating with the Commonwealth in a pending homicide investigation. The youth, 17-year-old Elvis Sanchez, was shot this month after he appeared at a courthouse. When there, the Commonwealth pressed him to testify before a grand jury. He was, after all, believed by the Commonwealth to have knowledge of the June 5th killing of Wilfredo Martinez, a 23-year-old cook who had been slain in the housing development near Sanchez’s Roslindale home. Sanchez’s mother was also killed in the shooting of her son.

And so, now believing the two homicides are related, criminal investigators are looking into both deaths. This is according to officials…who spoke on condition of anonymity.

According to a spokesman from the Suffolk District Attorney, Sanchez was not a “cooperating witness” in Martinez’s shooting or any other slaying. However, he was clearly brought to the Grand Jury in hopes that he would testify for the government. It is, however, unclear as to whether or not he actually did provide such testimony.

The killing of Sanchez and his mother, Elvira Pimentel, 43, has renewed concerns about the risks of providing police with information about crimes, a longstanding problem in many Boston neighborhoods. “People don’t understand that part of the reason why they’re uncooperative is because either themselves as individuals or their families are being threatened,” said the Rev. Jeffrey Brown, executive director of the Boston TenPoint Coalition, an antiviolence organization.

It also underscores the struggle of witnesses who must decide whether to come forward when they live in neighborhoods where even the perception that one has cooperated with authorities can be deadly.

There is a taxpayer-funded program which allows the Commonwealth to move certain witnesses and endangered relatives to other parts of the state for several months. Suffolk prosecutors often use this in cases gang violence, when intimidation has sometimes led to recantations and acquittals.

“We don’t leave people alone with their fear, and all we ask in return is the truth,” quoth the Commonwealth.

One remaining question that people seldom deal with, however, is what is that “truth”?

Attorney Sam’s Take On Murder Investigations And The Plight Of Witnesses

First of all, do not look for a Commonwealth conspiracy in the fact that Suffolk County will not reveal whether or not Sanchez actually gave information to the Grand Jury before he was slain. By law, proceedings in the Grand Jury are secret, at least until any resulting indictment is revealed.
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The tragic results of the search for Celina Cass, the 11-year-old girl from Stewartstown, N.H. was announced earlier this week. After a nearly weeklong search, dive teams found the missing girl Monday about a quarter mile from her home. Assistant Attorney General Jane Young said the girl’s death was suspicious because of the condition of the body, but she declined to be specific.

How Celina came to be where she was found officially remains unknown. So far, even the autopsy has not been able to determine the facts.

Folks are understandably impatient and anxious to find an answer to the mystery. Almost from the start, the pressure was on the police for immediate answers. People were furious that the autopsy did not yield an immediate solution.

In the experience of this experienced Boston criminal lawyer, such pressure does not necessarily help the cause of Justice.

Quick results speedily obtained are often misleading. In this case, rushed suspicions of guilt began to be forecast right away…if you understood the “between the lines” messages.

A pickup truck parked near Celina’s home was towed away as they investigated the area of the house in which she lived. According to accounts, the bed of the silver truck was filled with two trash barrels, with a pizza box showing in one. A New Hampshire State Police major crime unit truck was also parked in the driveway along with another similar truck.

In the area…the all-too familiar scene of a town mourning its own remembers and questions. At a make-shift shrine near the home a note was left saying, “I promise to think of you each day. You are the greatest person. I love you Celina Cass. I miss you. You never deserved anything like this. I thank you for being a great friend and for being in my life. You are the greatest. I LOVE YOU!

On the radio yesterday, sound bites could be heard of suspicion and even a few folks indicating that they believe they know who the responsible party is. Of course, they don’t…but sometimes suspicions can be as powerful as truths. And when it comes to criminal justice, this is a very dangerous fact.

Meanwhile, almost as soon as the body was found, we were treated to little updates about Celina’s stepfather and his behavior.

Stories circulated among media outlets that “Celina’s stepfather was taken to a hospital Monday morning” and that he “was taken by ambulance after repeatedly lying down in the family’s driveway and rolling around, and video showed him dropping to his knees in the driveway and then lying face-down, with his head resting on his hands.”

During this time of crisis, reports were also released that the stepfather, in 2003, was “involuntarily committed to a hospital in Concord after he entered his girlfriend’s house in the middle of the night and threatened to throw her down stairs, according to court documents. An order signed by a probate judge indicated that he suffered from paranoid schizophrenia and believed corrections officials implanted a transmitter in his body to keep track of him.” Further, it was released that, in that case, he had “served in Operation Desert Shield before receiving a medical discharge from the Air Force because of schizophrenia. ”

These statements were released even before any autopsy was performed.

Do you see where we are going here?

Attorney Sam’s Take On Murder Investigations And Rumor

Particularly if there is a history of any domestic violence, most police officers will tell you that, when someone disappears or is mysteriously found dead, the first suspects are members of the family. Sometimes it is a spouse. Sometimes it is a parent.
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Blasphomy! Yet, I heard it myself on WBZ radio this morning!

Yesterday, the Casey Anthony jury in Florida shocked the nation, if not the world, by delivering a verdict of “Not Guilty” after her widely watched trial. Not guilty of killer her two-year-old daughter, Caylee. Not guilty of all the homicide counts. Guilty only of lying to investigators.

This may have surprised people…but that was not the unspeakable things to which I refer above.

The public is roaring “foul!” How could a jury listen to all the evidence as well as the law the judge told them and find the defendant not guilty of killing her daughter? After all, everybody else, who, incidently, did not have the jury’s vantage point, were convinced of her guilt! And they should know better, after all. They were mostly convinced of her guilt long before the jury was even sworn! Who are these Johnny-come-lately jurors to contridict general concensus?

Nope. Still not the misbegotten statements about which I speak.

The forbidden sentiments I heard on the radio were spoken by the prosecutor involved as well as an alternate juror in the case.

The DA said that he believed that the jury followed the evidence and the law! The alternate juror said he agreed with the verdict!

How dare they? People are comparing the verdict to the O.J. Simpson fiasco. Once again, according to uninvolved and comparatively uninformed public, the jury got it wrong. How dare the alternate juror and prosecutor suggest anything different?

To make matters worse, as everyone will tell you, the defendant may be set free after serving a mere 3 years in custody awaiting trial! How can that be the result simply because a silly little jury found her not guilty of homicide?

To add insult to injury, the defense attorney lashed out at the media after the verdict, saying, ” I hope that this is a lesson to those of you having indulged in media assassination for three years, bias, prejudice and incompetent talking heads saying what would be and how to be”.

Many believe that this criticism was aimed toward legal scholars like Nancy Grace in her television show.

Incidently, do you remember the last time there was a public outcry over a finding of “gulity“? How about the first time? Can you even think of more than one instance when that occurred?:

Attorney Sam’s Take On The Assumption Of Guilt

“Sam, weren’t you going to continue writing about Whitey Bulger and prosecutorial advantage in the courtroom today? Is there some connection between the cases, other than Whitey’s being arraigned in federal court today for alleged Massachusetts murders, about which we are unaware?”

There sure is. Those two cases and just about any other criminal matter.
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It is the fifth Brockton homicide this year so far.

19-year-old Brockton resident Frank J. Webb (hereinafter, the “Defendant”) is learning that “accidents happen” is not a defense in murder cases.

Particularly when said alleged accident takes place while one is breaking the law anyway. When Massachusetts weapons are involved, the Commonwealth is particularly unforgiving.

The Defendant is said to have gotten into a fight with another individual in Brockton this weekend. During said altercation, he is believed to have fired a handgun wildly in the middle of Main Street. The Commonwealth says that, while doing so, he fatally wounded a 51-year-old woman who was walking home from church.

He has been charged with the charges of murder and Massachusetts’ assault and battery with a dangerous weapon. Police allegedly recovered a .45-caliber handgun at the scene.

During the Brockton bail hearing, the Defendant’s attorney argued that his client had been living with his parents, working for a cutlery business, and studying at Massasoit Community College to get his GED. He also represented that his client had no convictions on his record. The prosecutor, however, pointed out that the Defendant had two open drug cases in the district court.

Attorney Sam’s Take On Murder And Bail Conditions

“Sam, yesterday you wrote about how bad it is for a lawyer to seem fake and that his/her credibility is important. I guess this lawyer has already blown his, right?”
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The scene is Suffolk Superior Court in Boston, Massachusetts. It is a Boston murder trial.

Shawn “Shanks” Daughtry of Roxbury is the 32-year-old gentleman hereinafter referred to as the “Defendant”. He is accused of shooting two people on September 20, 2007. One of them died. The other was the deceased’s mother.

Today, said mother, Sandra Duncan, is on the witness stand, weeping. She tells the jury of her 29-year-old son’s final words to her as he lay dying on the front porch of their home.

“He said, ‘Ma, who did this to me?’ ” she tells the jury. “He said it three times.”

This is not the first jury before whom she has testified. This is a re-trial. The Defendant is being re-tried for the first-degree murder of Urel Duncan. In the first trial, last May, the jury was deadlocked; it could not unanimously find the Defendant guilty or not guilty.

According to the Commonwealth, the Roxbury shooting was motivated by a feud with people associated with the Academy Homes housing development. In fact, the shooting took place outside the Duncan home in the development.

As it turns out, however, neither Urel nor his mother were involved with gangs. She says that she was in her bedroom when she heard what sounded like firecrackers.

“I saw my daughter crawling on her knees and saying, ‘Ma, (Urel) got shot,’ ” she said. “I see Urel lying back on the steps … blood coming out of his head.”

Urel died the next day.
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When we began discussing the tragic tale of Julianne McCrery (hereinafter, the “Defendant”), we concentrated on the Massachusetts outstanding warrant issues. Now, we look at the issues surrounding the apparent homicide of her little boy.

She has been arraigned on second-degree murder charges in New Hampshire for killing her child, where it is believed the actual homicide took place before the body was dumped in Maine.

The Defendant had written a book which was published in 2008, entitled Goodnight, Sleep Tight! How to Fall Asleep and Go Back to Sleep When You Wake Up. The book features numerous tips for better sleep, including suggestions about diet, relaxation, and meditation.

“I am way more freaked out about all the little things in life, and was forced to devise a plan in which to save myself from all the self-imposed static I create in times of fear.” she wrote. When she is angry about something, she wrote, thoughts “go around and around like vicious sharks.”

In a passage about her son, the Defendant wrote that he had major ear problems for eight months, and had “tantrums like you cannot imagine.” She also explained that he did better after undergoing surgery, but “still rocks one wild tantrum after another when frustrated.”

“Three is a tough age sometimes,” she wrote, affectionately calling him “my little guy.”

In another section, the Defendant briefly recalled losing the “love of her life,” and other hard times. She wrote that, “I’m strong in my faith, but sometimes at night it is still very difficult to just halt my emotional turmoil in the midst of all of it,” she wrote.
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The trial of Mark Kerrigan continues at Middlesex Superior Court in Woburn today. As you no doubt recall, Mark Kerrigan is the brother of Nancy Kerrigan, renown Olympic skater. She has had her own previous dealings with the criminal justice system…as a complainant. This time, she is supporting the defendant, her brother, who is being prosecuted for the Massachusetts homicide of their father.

Of course, in this blog, as in the criminal justice system, Mark Kerrigan is known as the “Defendant”.

There does not seem to be too much debate around the surrounding circumstances of the elder Mr. Kerrigan’s death. He was in some kind of altercation with the Defendant when he collapsed and died. According to the defense, including the deceased’s family members, he died as a result of severe blockage of his coronary arteries.

The Commonwealth disagrees. The chief medical examiner has testified that the death was caused by heart failure triggered by the physical altercation with the Defendant. He has opined that Mr. Kerrigan’s fatal cardiac dysrhythmia — a loss or interruption of a normal heartbeat was not only caused by the altercation, but that he also suffered an acute fracture of cartilage in his larynx, an injury prosecutors say the Defendant inflicted Continue reading

Seventeen years ago, an unspeakable tragedy happened. It began with the disappearance of a 10-year-old-girl named Holly Piranien. It ended with news of a Sturbridge kidnapping and, apparently, a Brimfield murder. Holly had gone out to play with kittens while her family was on vacation. Her skeletal remains were found months later approximately 5 miles away from where she disappeared.

The Grafton family waited with hope as the criminal investigation began. First step was to find Holly. After they found what remained of the young girl, the search continued so as to find her killer.

The case was never solved.

Family, friends and law enforcement have not forgotten Holly, however. In fact, a billboard along Interstate 93 in Medford stands, asking for any clues that might be available at this late date.

“Justice needs to be served so this criminal does not strike again,” Carla Piranien Bourassa, Holly’s aunt said in a statement.
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On Friday, we began talking about the testimony of New Hampshire murder suspect Christopher Gribble (hereinafter, the “Defendant”) on direct examination. I told you that I would discuss his cross examination today. As I also told you, I am not expert on New Hampshire law. I must say, however, that this Boston murder defense attorney would not be too optimistic about this particular client going home this side of life.

As you will recall, or check Friday’s blog (ok, it got posted Saturday), the Defendant has admitted to killing a Mount Vernon woman and trying to kill her young daughter. However, his defense is that he was legally insane at the time and so cannot be held responsible.

It is not unusual for proverbial sparks to fly during cross-examination. In fact, it is usually what the cross-examiner is hoping for. The dirty little truth, and something about which I have reminded you from time to time, is that perception is what generally effects the jury most…not simply the evidence itself. Therefore, if the cross-examiner can get the witness angry and seemingly annoying or unfair, then it is good for the cross-examiner. Often, this is more important than the words actually spoken by the witness.

Of course, in this case, I don’t see either as being too helpful for the Defendant.
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It is too bad that there are no awards shows for the criminal justice system. A couple of years ago, The Boston Criminal Lawyer Blog began presenting virtual memberships to the “Hey, I Bet I Can Make This Situation Worse!” club. Maybe we should revisit it. In the meantime, however, some kind of award should go out to the Nashua murder defendant, Christopher Gribble (hereinafter, the “Defendant”. As you may know he is on trial for a gruesome murder and associated crimes in New Hampshire.

If such award ceremonies were held, this year’s award for the most stunningly grotesque would go to the Defendant for his testimony at trial, second only to the scene of the crime itself.

It should be noted that the Defendant has admitted that he and his buddy Steven Spader (hereinafter, “Co-Defendant Buddy”) killed 42-year-old Kimberly Cates and tried to kill her young daughter. However, he has pleaded not guilty by reason of insanity.

While he was on the stand, the Defendant, during direct examination described in detail the details of the crimes he committed after he broke into the home and found his way to the bedroom where mother and daughter slept.
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