Murder

July 16, 2009

Attorney Sam’s Take: Wrongfully Convicted In Massachusetts? Reality Check In Murder And Assault Cases

The website Boston.Com has a story that is probably meant to give us a feeling of justice. It concerns one Kenneth Waters. Mr. Waters spent more than 18 years in prison after being convicted of murder. There, he passed through all of the “safeguards” that we have put in place, namely appeals, as the world around him passed him by. Finally, he got DNA that was at the scene tested. Between that and other newly discovered evidence, he was exonerated. The town of Ayer, who had brought the charges and investigated the crime in the first place had now agreed to pay $3.4 million to settle the civil rights lawsuit on Mr. Water’s behalf, Attorney Barry Scheck of the Innocence Project announced yesterday.

Of course, it is not likely to do Mr. Waters too much good; he is dead.

The lawsuit was filed by Mr. Water’s estate. The investigation which finally led to the truth in the murder for which Mr. Waters was convicted was not conducted by the town, state or even federal authorities.

It was led by his sister who, after he brother, in whom she believed, was wrongfully convicted, went to law school, and became a lawyer and started the “good fight” of freeing her brother.
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July 14, 2009

Arrested For Homicide Or Drunk Driving? You Should Have Checked The Weather

by Altman & Altman

To me, summer is best symbolized by the recording artist, Jimmy Buffett. In fact, one of my favorite songs of his is “Weather Is Here, Wish You Were Beautiful”. Summer is a season that is short-lived here in the Boston area. If one counted how many really nice days we usually get,…well, it is kind of depressing. We all know that the weather can effect moods. However, did you know that it can also control the need for criminal defense attorneys?

Southwick Police Officer Tom Krutka says he sees an increase during this time of year of a particular crime. He says that outdoor barbecues and holiday parties often involve alcohol. After the parties, folks hit the road…which often means operating under the influence of alcohol. He even sees a difference depending on the weather. Nicer weather…more drunk drivers.

Officer Krutka warns that “buzzed driving” is enough to get someone in trouble. Even one or two drinks, depending on the person, can get you arrested. “That’s just the beginning”, he continues. “If it turns out to be an accident, you effect the person you hit, the family the community, your family your life, financial burden it goes a long way.”

Well, he is right, of course. Drunk driving, and any resulting arrests, can ruin the lives of a lot of people.
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July 13, 2009

Salem, Massachusetts Mother Pleads Not Guilty to Attempted Murder of Son

by Altman & Altman

Kristen LaBrie, a 37-year-old Salem mother, has pleaded not guilty to the attempted murder of her son. LaBrie is accused of withholding her son’s cancer treatment before his death. Jeremy, 9, was autistic.

In October 2006, Jeremy was diagnosed with non-Hodgkins lymphoma. Doctors gave him an 85-90% chance of recovery. Following chemotherapy treatment, his cancer went into remission.

Prosecutors are accusing LaBrie of child endangerment, permitting substantial bodily injury to a child, and permitting serious bodily injury to a disabled person. They claim that LaBrie did not fill her son’s prescriptions for months, allowed him to miss doctors appointments, and never asked staffers at Massachusetts General Hospital for help.

After the boy’s cancer returned, Fraser, who was given custody of Jeremy, placed him in a hospice. The boy died last March.

LaBrie’s Massachusetts criminal defense lawyer says that the 37-year-old mother is a victim in this case because Jeremy’s father, Eric Fraser, abandoned the boy with his mother. From 2006 to 2008, LaBrie was the only one responsible for taking care of their son. Fraser was given custody of Jeremy in 2008.

LaBrie says that she and her son fought his illness together. She says the true story of what happened will emerge in court.

If convicted, LaBrie could face up to 40 years in prison.

Child Endangerment
Under Massachusetts law, the crime of child endangerment involves the reckless or wanton conduct that causes risk of serious injury to someone under age 18. Serious bodily injury may involve permanent disfigurement, impairment of a bodily function, organ, or limb, or substantial risk of death.

If you have been accused of endangering a child in Massachusetts, it is important that the criminal defense team that you hire knows how to defend you against this charge. This is a serious criminal offense.

Salem mother pleads not guilty to withholding son’s cancer treatment, Boston.com, July 6, 2009
Mom denies withholding son’s medications, MSNBC, July 6, 2009

Related Web Resource:
The General Laws of Massachusetts
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July 10, 2009

Boston’s Attorney Sam’s Take Reviews Arrest And Prosecution In High Profile Matters…Other Than Michael Jackson Suspicious Death

by Altman & Altman

Two scenarios. In the first one, you are on the streets of Boston when you are placed under arrest. The police bring you to court in due time. As you get out of the transport, there is a crowd of people outside yelling questions. You do not see them too well because you have to keep diverting your eyes from all the flashbulbs. In the second scenario, you have heard the rumblings of an investigation amid your colleagues; you seem to be its target. Everybody is treating you differently. You are scared, although you smartly have already hired an experienced criminal defense attorney. You feel that your rights are being violated every day and you have had it. You call your lawyer and tell her that you want to expose all this unfairness to the media. She says, “Not yet”.

These two scenarios are not far-fetched and they could happen anywhere at virtually any time. Both are scenarios my clients have faced. The scenes are harbingers of what is to come. Their message is, “You are about to witness, first hand, how Justice changes when the media circus roams into the criminal justice tents.”

Unless someone involved is already a celebrity, this will happen most often in cases involving homicide or sexual assault. If you are a celebrity, such as the late Michael Jackson, you simply have to be involved. When Michael was charged with, and then on trial for, a sexual assault, it was basically the number one news story. This week, as he was laid to rest, Michael was on top of the headlines again, albeit in another criminal justice role. Now, there is question of whether he was the victim of some kind of homicide.
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July 8, 2009

Boston Watches As The Investigation Of Michael Jackson’s Death Continues And Homicide Is Likely Suspected

by Altman & Altman

I have to confess a personal interest in Michael Jackson. First of all, I think he was immensely talented and, frankly lead a pretty tragic life in many ways. Second, his trial was the lead story when I was a regular contributor on FoxTV’s “Studio B”, as well as other such shows, years ago. By the way, yes, those are some of the clips that appear in the compilation video on my profile in the website. Today, the Boston Criminal Lawyer Blog revisits the Michael Jackson story as it shares a new chapter with the criminal justice system.

Yesterday, Mr. Jackson was laid to rest. However, the criminal justice turmoil that defined a great deal of his later years continues. Now, of course, he is not the “defendant” Now he is the “victim”. No, I am not talking about the manipulation and hypocrisy that so many are exhibiting regarding the claiming of his fame or even the battle over his possessions and children. I am referring to the question of homicide.

You see, drugs have been linked to Mr. Jackson’s death. The questions have been who gave him the drugs, why they gave him the drugs and by what authority they gave him the drugs.
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June 22, 2009

Murder Suspect Is Jailed Without Bail Pending Probation Surrender As Boston-Area Media Focuses On His Prior Criminal Record

by Altman & Altman

Sunday’s Boston Herald, along with several other local newspapers, focused on a particular aspect of a recent Framingham murder case. In the Herald, the headline read, “Suspect in Framingham stabbing has long police record”. While said record is normally inadmissible in court (except under certain circumstance) it is, for now, a noteworthy part of the story as far as the public is concerned. It is yet another illustration of what the Boston Criminal Lawyer Blog has long been warning Massachusetts readers, particularly the young among us. Namely, the errors one makes in the past, even while a juvenile, can greatly affect our future in terms of criminal justice.

The man accused of the homicide in this case is 19-year-old Dan G. (hereinafter, the “Defendant”). He is charged with Murder in the First Degree in connection with a fatal stabbing in Framingham which is said to have occurred on June 14th. While one would imagine the circumstances surrounding the attack would be the focal point of the public’s interest in the matter, said facts now seem to have taken a back seat to the Defendant’s criminal history. Yes, this would include his juvenile history which, of course, is usually considered “sealed” and inadmissible against him.

The Defendant is currently being held without bail. Part of the reason for this may well be his present circumstances. After all, Murder 1 is considered the most serious of crimes and, in fact, carries a sentence of Life without the possibility of parole in the Commonwealth. Further, the Defendant’s own statement, not surprisingly, does not help his situation. He is reported as saying that he does not remember stabbing the victim, but does recall standing over him holding a bloody knife.

The Defendant’s familiarity with knives, remembered by him or not, has now become of interest to the public. That familiarity, of course, is intimately entwined with his prior criminal record. For example, on April 7th, he is said to have used a knife to threaten a group of teenagers he claims were about to fight one of his friends. While you might see that as self-defense, or the defense of another, the Commonwealth did not see it that way. Law enforcement, no great fan of knife-waving “vigilante” protectors, arrested the Defendant and charged him with assault with a dangerous weapon.

It likely did not help that the friend the Defendant had been trying to protect went public with the notion that the Defendant was “intimidating”, which is why he had enlisted his aid in the first place.
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June 8, 2009

Boston Area College Student In Trouble After Murder On Harvard University Campus

by Altman & Altman

Last week, I posted a blog about a group of do-it-yourself sleuths who tried to solve the murder mystery of fallen 21-year-old Justin C. (hereinafter, the “Deceased”) at Harvard University. The result? The investigators they hired ended up arrested instead. That posting, by the way, can be found here. Meantime, the professionals were busy at work trying to solve the murder mystery that had come to Cambridge. The police arrested Jabrai C., 20, of New York, (hereinafter, the “Defendant”) for the crime. The Defendant and his lawyer have answered “Not Guilty” to charges of murder, accessory after the fact to murder and Massachusetts possession of a firearm.

The Deceased had been shot in the basement common room in a dormitory of the Cambridge campus. It has been determined that multiple shots were fired at the scene and that there were individuals aside from the Defendant and Deceased, who were present and involved in the shooting.

The Defendant, a New York songwriter, turned himself in to the Cambridge Police, according to the District Attorney’s office of Middlesex County, and will be held without bail until his July 15th hearing. However, the DA has also announced that two female Harvard students are linked to the incident. It is suspected that they allowed those involved in the murder to gain entry to Kirkland House.

Leone declined to comment on what if any charges might be pressed against the two Harvard students, but they both were asked to leave campus and are not be allowed to graduate this month. One of the two women is Chanequa C. (hereinafter, the “Accused”)

“This is a highly educated, independent young woman who has literally been cared for since she was a teenager by Harvard-and now they have terminated her right to be on campus,” the Accused lawyer has complained. “There is no justification for it. She may have known the people involved, but you know, it’s not guilt by association in this country.”
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June 7, 2009

Group Reports Massachusetts 15 Domestic Violence Homicides to Date for 2009

by Altman & Altman

According to Jane Doe Inc., there have been 15 domestic violence deaths in Massachusetts this year. The latest victim, Rebecca C. Moulton, was allegedly beaten to death by her live-in boyfriend. Moulton was 27.

Her boyfriend, David W. Vincent from Pittsfield, was initially held for assault with intent to murder and aggravated assault and battery. On Friday, Vincent pleaded guilty to an “upgraded” charge of murder.

Jane Doe Inc. says that there were 25 domestic violence murder in 2008 and 42 domestic violence deaths in 2007.

Domestic Violence
Domestic violence may consist of violent interactions between family members or members of the same household or people that are or were romantically involved with one another. Domestic violence should not be tolerated.

While this is a serious crime that can cause great injury to its victims, not everyone that is accused of committing domestic violence is guilty of the offense. In some instances, a fight between a husband and wife can be wrongly construed as a domestic violence incident, with one party forced to take the brunt of the blame. False accusations have also been known to occur-sometimes brought about during the heat of the moment.

An experienced Boston criminal defense law firm understands that there are often complex dynamics at play during interactions between family members and lovers. Massachusetts, however, has a mandatory arrest police that mandates that law enforcement officers arrest anyone accused of domestic violence. Domestic charges may include allegations of assault, harassment, reckless endangerment, restraining order violations, assault with a deadly weapon, unlawful imprisonment, stalking, kidnapping, and murder.

You are entitled to the best defense possible against any Massachusetts domestic violence allegation or criminal charge. The outcome of your case could affect your marriage, your career, divorce or child custody proceedings, and the rest of your life.

Cops: State logs 15th domestic violence homicide of 2009, Boston Herald, June 6, 2009
Pittsfield Man Pleads Not Guilty To Murder, CBS 3 Springfield, June 5, 2009

Related Web Resources:
One Million False Allegations of Domestic Violence Each Year, Report Finds, MediaRadar.org, January 29, 2007
Domestic Violence, The National Father’s Resource Center Continue reading

June 3, 2009

Boston-Area “Crime Club” Actions Result In Charges Of Breaking And Entering And New Clients For Cambridge Defense Attorneys

by Altman & Altman

Every once in a while, a news story prompts me to admit something about my personal life. This is one of those. The confession is that I grew up loving comic books, or, as they are now called, “graphic novels”. Given the popularity of superhero movies of the last several years, I guess I was not alone. I particularly enjoyed the ones involving super-heroes who went out and fought crime. Many of the superheroes, such as Daredevil, usually worked alone (incidentally, his secret identity, Mathew Murdock was a criminal defense attorney), acted alone. However, there were various groupings of heroes, such as the X-Men, Avengers and Justice League of America, who worked together to fight threats to the universe. Sometimes the action was as close as New York or Boston…sometimes far away in other countries and planets.

Of course, that was all just fantasy…or was it?

According to yesterday’s Boston Globe, there exists a “crime club” right here in the Boston area. It’s secret headquarters is nestled in that institution of scientific education, the Massachusetts Institute of Technology, otherwise known as Cambridge’s own “MIT”.

MIT students are no strangers to criminal justice controversy. Not too long ago, for example, there was that incident of a student and criminal charges for terrorizing armed security personnel.

But who knew there was a secret cabal called a “Crime Club”?
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June 1, 2009

Criminal Jury Trial For Drug Sale AndManslaughter Ends; Jury Returns Verdicts Of Guilty And Not Guilty

by Altman & Altman

As last week ended, many of us were still preparing for the summer weather which seems to taunt us in the Boston area every few days. Other, less mundane, issues were consuming the thoughts of Robert L. of Gloucester (hereinafter, the “Defendant”). He and his defense lawyer were awaiting a verdict in his Homicide trial in Lawrence Superior Court.

The jury returned Friday with a mixed verdict for him. He was found to be not guilty of manslaughter, but will still be serving the next three to six years in state prison for the selling of prescription painkillers.

The case dates back to December 17, 2004, when Richard B., 38, (hereinafter, the “Deceased”) died after paramedics found him in cardiac arrest, unconscious and not breathing, in his car outside his Essex Street house. Law enforcement believed that the Deceased had overdosed on a drug known as Fentanyl which had been contained in a patch designed for slow absorption through the skin that he had apparently opened and ingested.

After more than a year of investigation, the Commonwealth decided that the Defendant, 43 at the time, had sold the Deceased, his co-worker, the drug for $50 after a Christmas party. Given the unhappy result, they not only charged him of the sale of the drug, but also with manslaughter.
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