Articles Posted in Sexual Crimes

For the second time in two weeks, residents of Newton, have been treated to the news of a teacher being charged with possession of child pornography.

This time, it is Peter Buchanan (hereinafter, the “Defendant”), 47, a 10-year city employee who most recently worked in the Newton Public Library’s audio visual section. The State Police say that the Defendant downloaded and shared the material. The Defendant has pleaded not guilty to three counts of possession of child pornography and two counts of distribution of material depicting a child in a sexual act.

Yes, well, we know how seriously we all consider that…!

Anyway, the fact scenario in this case is a bit more commonplace than the one a week or so ago. In that one, David Ettlinger, a well-respected and much loved second grade teacher at the Underwood Elementary School was charged with actually sexually assaulting a girl and filming it. This would be, among other things, actually creating the child pornography. In fact, investigators in that case claim that he posted his works to an international website that trafficked in child pornography .

Usually, as in the case with the Defendant, the charges are simply possessing and more remotely distributing. Not that the allegations are generally treated less seriously.

The community, of course, is in a uproar and seeking who else can be blamed other than the two alleged perpetrators.

Criminal investigators have said the two cases are unrelated, but the cases have sparked a round of soul-searching among city officials and residents and drawn pointed questions from parents about what more public institutions can do to protect their children. While the mayor and school superintendent have pledged to review screening procedures, other officials are shrugging their collective shoulders admitting that both accused gentlemen had successfully passed background checks and the usual “vetting”.

Of course, something is clearly wrong here. As it turns out, at least according to the Commonwealth, beloved Mr. Ettlinger was living a dual identity. He was also known as “ee1″…an internet identity who allegedly advertised graphic videos on the Dreamboard Website.

But, as Susan Brown, a family therapist who’s daughter had him as a teacher, points out, “There was never an inclination of it [activities outside of school on which he took students] being weird”. She also explains that people gravitated toward him because he always seemed happy. “If he was older and looked different and wasn’t handsome and wasn’t friendly,” she added, “people would be reacting differently.”

Attorney Sam’s Take On Easy Answers That Put Us All At Risk

It is not unusual to read this Boston criminal lawyer telling you that the “quick and easy” answers that are often so politically expedient seldom solve criminal justice problems.

In fact, as I keep spouting, they generallt make them worse.
Continue reading

This Boston criminal lawyer believes that we are moving up another notch in criminal liability in the Commonwealth of Massachusetts….probably nation-wide in fact.

A famous, and late, gent of the 1500’s , John Donne, once wrote that no man is an island. In other words, we are all connected and must interact with each other. It suggests that we all have some sort of responsibility for one another.

Such an idea is not foreign to the justice systems, both civil and criminal. As this is the criminal lawyers blog, let’s stay on the criminal side.

The idea that someone has the responsibility of someone else has long been situational in the criminal justice system. While there has not necessarily been a duty to intervene in a crime, or even report it, there have, of late, been exceptions to the rule.

For example, a health care professional or an educator has a duty to report any potential of child abuse. A therapist, who’s patient’s sessions are normally kept confidential, must take some action if that patient seems to be an imminent threat to someone else.

Now, coming to the aid of a potential victim is, of course, not always easy to do. First of all, doing so might get one hurt or killed. Second, nobody really loves to be drawn into the criminal justice theatre, be it witness or defendant. However, particularly in the wake of Penn State’s sexual assault scandal, the rules of culpability may be about to become harsher.

Speaking of being responsible for another, criminal defense attorneys have a certain responsibility to their clients. With that in mind, one may wonder what was passing for strategy when Jerry Sandusky (hereinafter, the “Defendant”) agreed to be interviewed on national television this week. The general rule is that criminal defendants, factually guilty or innocent, should not give interviews about the pending charges. It is too dangerous. There are certain exceptions, of course, but, near as I can tell, this was not one of them.

In fact, there is a chance the media frenzy on the story would have died down a bit had the Defendant not taken the near-legally-suicidal step of chatting with Bob Costas. Clear thinking notwithstanding, there he was, as his defense attorney sat by on camera, states away from his client, who was happily talking about towel-snapping and horseplay in the shower with nude children.

Maybe an insanity plea is in the works…

“But, Sam, clearly any problem the Defendant has with his lawyer’s advice would be a civil matter, not a criminal one.”

Yes, of course. And, in days gone by, the failure to act to protect someone would also be a civil matter. And, it should be pointed out that criminal charges have not been brought against anyone other than the Defendant.

Yet.
Continue reading

Attorney Sam’s Take On The Criminal Liability Of The Penn State Debacle

Students are protesting it. News stations are broadcasting debates about it. And, yes, the Boston Criminal Lawyer Blog is discussing it.

It has come light that Penn State had a problem with sexual assault over the years. The alleged perpetrator was assistant football coach Jerry Sandusky (hereinafter, the “Defendant”).

The Defendant has been arrested, but allegations of wrongdoing do not end there in this case.

During the course of the state investigation into the matter, allegations have emerged that law enforcement, which began an investigation into the allegations, closed that investigation without doing anything about alleged felonies. Further, it has been discovered that the President Graham Spanier and famed head Coach Joe Paterno were aware of the Defendant’s activities but also did nothing about it.

Result?

As the spotlight has been pointed into a dark hole in the university’s protective coating, law enforcement and college officials have not been forced into action. Now, years after the fact, Spanier and Paterno have been fired. Most recently, as last week came to a close, Mike McQueary, was placed on administrative leave for the same reason. Kinda sorta. He had told someone…just did not go far enough.

But the result at the time?

The victims, and other victims, now known and unknown, stayed victimized and, it would seem, the problem persisted. The allegedly guilty remained unaccused and unpunished.

Of course, this is not the first time we have heard of such things. Over the past several years, we have been inundated with reports and court actions in connection with similar activities by the clergy while those in charge turned their heads in all kinds of angles in order to ignore the criminal and…one might guess…sinful activities.

And so now, years later, the news is out and Messrs.’. Spanier, McQueary and Paterno ( hereinafter referred to as the “Fired”) are released by the university in disgrace.

However, it is worth noting that they are not the alleged perpetrators parties. In other words, there is no allegation that they themselves molested any students or, actively encouraged any such actions.

Or is that really true?
Continue reading

Over the past week, there has been a lot of news concerning sexual assaults, or attempts thereof, in Somerville, Medford and elsewhere. As a result, law enforcement is looking into any possible connection between the various Massachusetts assaults

In case you do not know, Somerville and Medford neighbor one another and share the land upon which Tufts University sits. Because of Tufts, many young adults abound in the area at virtually all hours.

Does this mean that all males out walking alone could be suspects?

Attorney Sam’s Take On DNA Issues In Sexual Assault Cases

Initially, the answer to the question is “yes”. However, the potential suspect list gets narrowed a bit as descriptions of the assailant or assailants are given.

If there was any touching by the assailant(s) on almost anything, particularly the complainants, there might be DNA left behind which could narrow the search even further…maybe.

You see, when it comes to DNA, the police need a sample of someone’s DNA in order to make a match to it. Few college students have had occasion to give samples of DNA to the government or law enforcement.
Continue reading

Sometimes, the Boston Criminal Lawyer Blog covers a story about a Massachusetts
rape. Other times, it is an internet crime. Still others, it is a white collar
crime. 19-year-old Tewksbury gentleman Thomas Hutchinson (hereinafter, the
“Defendant”) has now been indicted for all three, as well as other charges, by a
Middlesex County grand jury.

The Defendant is said to have posed online as someone in the modeling industry.
He got in contact with a 15-year-old girl and convinced her to send him naked
pictures and video. She complied. He then blackmailed her, threatening to post
the images and video if she didn’t have sex with his “friend”. According to the
Commonwealth, he also threatened to rape her if she did not meet with his pal or
if she alerted law enforcement.

Hopefully, it will not shock you too much to learn that there was no such buddy.
It was the Defendant himself who allegedly showed up at the appointment set for
February 28th as said friend. According to the prosecution, he then forced her
to perform a sex act in his car.

For some reason, this took a lot of time to indict. The Defendant was arraigned
in Somerville District Court back in early July and was only indicted yesterday.

Prosecutors are asking anyone who thinks they might also have been victimized by
the Defendant, or they might know someone who was a victim, to call the Computer
Crimes Unit of the North Eastern Massachusetts Law Enforcement Council at
781-396-0893
I will remind you that the Defendant allegedly had naked pictures and video of a
15-year-old on his computer. There may be other such material which they have
found.

In case you are wondering, yes, he has also been charged with the child
pornography.

Attorney Sam’s Take On The Defendants Likely Future

“Sam, you indicated surprise that the case took so long to indict. Is the fact
it took so long likely to mean something?”

Continue reading

Dominique Strauss-Kahn, 62, began this week facing a judge in a New York courthouse. He is the head of the International Money Fund, a married father of four and has a reputation that has brought him the nickname of “the great seducer.”

He is also, hereinafter, known as the “Defendant”.

The Defendant was taken into custody on Saturday, where he stayed until Monday’s court appearance. During this time, he was identified in a lineup by a complainant.

The complainant is an, as yet, unnamed 32-year-old maid working in the hotel in which the Defendant was staying. She has reported that she entered his hotel room, thinking it was unoccupied. Instead, the Defendant emerged from the bathroom naked. He is said to have chased her down a hallway and pulled her into a bedroom, where he sexually assaulted her. According to the complainant, she tried to fight him off, but the Defendant dragged her into the bathroom, where he forced her to perform oral sex on him and tried to remove her underwear.

Finally, she was able to break away and alerted hotel staff and the authorities. By the time detectives arrived, the Defendant was gone, although he left his cellphone behind.

He was found some hours later and, plucked from first class on a Paris-bound Air France flight that was just about to leave the gate at John F. Kennedy International Airport.
Continue reading

We have discussed it many times before, but the message still is not really out. Take it to heart –tell your friends-put up flyers- there is absolutely a different standard between you and police officers when it comes to telling the truth! They can lie all they want…that is regarded as
“good police work”

You can refuse to talk to them, or, better yet, buy time to talk to an experienced MA criminal defense attorney, but you cannot lie to them. That is called a Massachusetts feloney.

Enter former gym owner Stephen DiTullio (hereinafter, the “Defendant”). This Littleton gentleman was summonsed to a Middlesex County Grand Jury during an ongoing Middlesex County criminal investigation.

The investigation was into allegations of Massachusetts rapes of underage gymnasts by their coach, Steven Infante (hereinafter, the “Sex Offender”). The Sex Offender was found guilty in his own trial on the sex crimes last May.
Continue reading