Articles Posted in Sexual Crimes

Robert Oliva, 66, won five New York City championships as the coach at Christ the King Regional High School. Mr. Oliva (hereinafter, the “Defendant”) has now returned to Massachusetts. The Defendant has come back to answer charges of Boston sexual assault on children dating to the 1970s.

His answer was “guilty”.

In exchange for the Defendant’s plea, he was sentenced in Suffolk Superior Court to five years of MA probation for to two counts of child rape and one count of disseminating pornography to a minor, during a 1976 trip to Boston with a 14-year-old boy.

The statute of limitations in such matters is 10 years. However, given the state of the law, complainants may file criminal complaints up to the age of 43, sometimes even later.

As a society, we tend to try to make it as easy as possible for children to come forward to report sex crimes when they happen to them. This is a good thing.

Often, however, we stretch the rules to the extent that mere allegations are akin to criminal convictions, even years before there is ever a trial.

This is a very bad thing.
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Fritz Olmande, 50, hereinafter the “Defendant” ended his week as a convicted Massachusetts sex offender.

The Defendant was found guilty of the repeated Jamaica Plain, MA, rape of a girl over the period of 3 years when she was between 5 and 7 years old.

According to the Commonwealth, the Defendant had access to the girl because he often spent the night at the victim’s home because he was romantically involved with a family member of the victim.

According to the Commonwealth, the Defendant would abuse the girl when she was left in his care. According to the child, the Defendant told her to keep the abuse secret. Apparently, she did so until she saw the Defendant again in 2008. It was then that she told her mother of the abuse.

The Defendant was sentenced to 10 – 12 years.

Attorney Sam’s Take On False Accusations Of MA Child Rape

Accusations of raping or sexually abusing a child are among the most difficult cases to handle for a MA criminal defense attorney. While there are many courses and symposiums about defending such matters, I find that the best teacher is experience.
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Today’s blog is a reminder. It is a reminder to those of us, in and out of the trenches of criminal justice about reality. We often proclaim that facing a criminal allegation, so long as the accused does not end up spending too many years in jail,is “no harm, no foul”. We figure that simply being accused is no big deal.

That is, until it happens to us.

Let’s look at the case of former Children’s Hospital Boston pediatrician Dr. Melvin D. Levine.

Dr. Levine was a former chief of ambulatory pediatrics at the hospital.

Dr. Levine was a Rhodes scholar and a best-selling author who had appeared on “The Oprah Winfrey Show”.

Dr. Levine was then accused of molesting “thousands of his pediatric patients”. Never criminally charged…simply accused in a civil law suit.

Dr. Levine was shortly thereafter found dead in the woods near his home in North Carolina. According to authorities, he had shot himself in the forehead with a 12-gauge shotgun.

Before you take the suicide as some kind of admission of guilt, be aware that he not only left behind a suicide note, but also a journal that he had kept. To the end, Dr. Levine insisted that he was innocent.
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It’s stories like this that helps me love what I do for a living; you just never know what is going to happen next! Just when we see debacles like the one surrounding the Parole Board because of a recent police killing, and we see the predictable scurrying about by prosecutorial politicians to make sure that they cannot be splattered with blame, the Supreme Judicial Court takes the opposite tact. They look to uphold people’s rights…despite the likely public outcry.

Specifically, the court dealt with the case of Malcolm S. Maker, a 52-year-old convicted sex offender (hereinafter, the “Appellant” ). The Appellant had been convicted for failing to register his address with the Boston police department within two days of his release from jail, as required by the state Sex Offender Registry Board (SORB).

That is, until now.

The SJC now says that said rule is beyond SORB’s authority.

Apparently, the Appellant is not the most sympathetic of individuals. He has been designated a Level 3 sex offender, which is the type said to be most likely to reoffend. His history of convictions include various allegations of open and gross lewdness and lascivious behavior.

Then, in 2009, he was charged with failing to notify the police after he was released from jail that he would be living in a Boston homeless shelter. He was convicted and sentenced to two years in jail.

Then came the appeal.
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While it is true that the duties of a good coach exist both on the field and off, North Andover 60-year-old high school wrestling coach David Castricone (hereinafter, the “Defendant”) has learned that they do not extend to the locker room.

The locker room of the opposite sex, at least.

That’s how suspicion apparently began in the Defendant’s case. He has been One of the most successful high school wrestling coaches in Massachusetts. The only thing is, there were questions about him. For example, why was he constantly being found in the girl’s locker room?

Police say that information was received last week that prompted a search of the Defendant’s home. According to court documents, the Defendant “got nervous” as police searched his attic. He then told his daughter to leave the kitchen.
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Here’s one for the sex trade! In the past, we have discussed many times the various, and in my opinion, faulty rationales for keeping prostitution illegal. One of those rationales has been that prostitutes are, per se, victims. They are exploited and forced to perform sex acts for money. The thought seems to have been that being a prostitute is definitional of losing one’s will and performing the evil deeds by force.

Well, the Massachusetts Appeals Court has ruled against this equation. It has thrown out the convictions of a pimp and a madam (hereinafter, the “Defendants”), ruling that the couple did not lure a homeless and drug-addicted teenager into prostitution because the 16-year-old runaway had sold her body for money in the past.

The court did, however, let stand the Defendants’ convictions for deriving support from prostitution and contributing to the delinquency of a minor.

The allegations in the case were that the Defendants drove the teen to the hotel where she met an undercover detective and agreed to engage in sex for $280, according to court records. Using a ruse, the officer convinced the teen to leave the hotel before any sexual acts occurred. The teen then apparently handed the cash the Defendants, who were waiting in the hotel parking lot
The court found, “We think that the language of the statute is plain and unambiguous and that it clearly expresses the Legislature’s intent to penalize a person for inducing a minor, who is not then so engaged, to engage in the commercial enterprise of prostitution by offering for hire his or her body for indiscriminate sexual activity”.

As a Boston sex crimes criminal defense attorney for over twenty years, not to mention previous years as a prosecutor, I have been involved in a number of cases involving prostitution.
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Today, as we “hunker down” and “enjoy” the last blizzard of the year, we continue the discussion about recent Massachusetts sentences that were recently handed down to fairly unusual criminal defendants during this holiday season. Today’s matter involves a meeting of sexual assault and prostitution.

James M. Burke, 43, of Chelsea (hereinafter, the “Defendant”) was a criminal court clerk magistrate in Chelsea District Court. Apparently, he had an interesting thing going with a couple of criminal defendants in court. These particular defendants had been arrested for prostitution.

According to one of the complainants, the Defendant removed her from her cell in the courthouse in 2005. He then led her to a room, locked the door, and promised to get her case dismissed in exchange for oral sex. After she fulfilled her part of the deal, the case was not dismissed.

The second victim testified that the Defendant stalked her after her arrest on a prostitution charge, then sexually assaulted her when she was at the courthouse last year. She claimed during the trial in federal court that she was forced into a downstairs room, where he sat on her during the assault and threatened to keep her in jail if she did not comply with him.

“I absolutely did not consent to this action,” she told the judge . “The brutality of it was shocking to me. Even though I had worked on the streets on occasion, nothing compared to the humiliation and powerlessness that I felt.”
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The Norfolk district attorney’s office says that Brighton resident Joseph Arita and Waltham local Ismael Martinez are serving 20 – 25 years in prison for the 2009 Brookline rape and kidnapping of a 30-year-old woman. Arita, 26, and Martinez, 27, each pleaded guilty earlier this month to one count of Massachusetts kidnapping involving a sexual assault, two counts of aggravated rape, and other assault and battery charges.

The woman, a Brookline resident, told the authorities that while walking to her home after taking a cab from Logan International Airport on Aug. 18, 2009, she was struck on the head by one man, who then pulled her into the back seat of a red pickup truck that another man was driving. The two men then drove her to a parking lot and assaulted her before taking her to another location and freeing her.

She reported the incident to Brookline police. DNA evidence matched the woman with Martinez and Arita. The Norfolk district attorney’s office had sought to obtain 35-to-40 year prison terms plus 20 years probation for the two men.

Massachusetts Criminal Defense
The state of Massachusetts treats the criminal charges of rape and kidnapping very seriously and prosecutors will zealously pursue defendants. For example, a Massachusetts aggravated rape conviction can result in a life prison term.

It is important for you to have a Boston criminal defense law firm that can protect your rights, ensure that all laws and proper procedures were followed leading up to your arrest, and explore all avenues of defense to secure the best outcome possible for your case.

Brookline rape, kidnap suspects plead guilty to 2009 attack on woman, WickedLocal, December 16, 2010
2d suspect held in Brookline rape case, Boston.com, August 23, 2009
One Of Two Suspects Arrested In Brookline Rape Case, Boston Criminal Lawyer Blog, August 20, 2009

Related Web Resources:
Norfolk district attorney’s office

General Laws, Massachusetts Legislature Continue reading

Sometimes it seems that the criminal justice system uses the intellectual equivalent of a bazooka to tackle an issue as logically mind-bending as kindergarten mathematics. Boston’s Supreme Judicial Court, normally needed to referee issues surrounding Massachusetts Murder, Robbery or search and seizure issues has now been called upon in one of these instances.

The matter involves Mr. John Canadyan Jr. (hereinafter, the “Probationer”). The Probationer is a convicted sex offender. After pleading guilty to two counts of indecent assault and battery on a child under 14, he was sentenced to 18 months in jail. He also received a term of probation and had to register as a Massachusetts sex offender on the appropriate registry.

The Probationer also happens to be homeless.

Now, as we have discussed in the past, being on probation is not a picnic. Generally, when a probation officer tells a probationer to “Jump!”, it is the probationer’s obligation to merely ask, “How high?”

There are, however limits.
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Lisa Lavoie, an ex-Holyoke elementary school teacher, has pleaded guilty to Massachusetts statutory rape and enticing a child. The 25-year-old woman is accused of running off with a 15-year-old eighth grader. Lavoie, who has been released until her sentencing next month, is not allowed to contact the teenager. Police discovered Lavoie and the teenager in a hotel room last year after the two of them had gone missing for about a week.

The boy, who was at the hearing in Hampden Superior Court on Wednesday, submitted a statement asking for leniency for Lavoie. While the prosecutor says he is seeking a 3- to 5- year prison sentence, Lavoie’s Massachusetts criminal defense lawyer wants probation. He says that his client pled guilty so that the teen wouldn’t have to testify.

Massachusetts Statutory Rape
Allegations of Massachusetts rape-especially those involving the alleged rape by a legal adult of someone under the age of 18-can be tough to combat without experienced legal help.The punishments and penalties can negatively impact a defendant for life. The statutory rape law involving child victims under the age of 16 can be punishable with a maximum sentence of life in prison.

Conviction for a Massachusetts sexual crime will cause your name to be permanently placed on the Massachusetts Sex Offender Registry Board. Regardless of the specifics of your Boston sex crimes case, having your name on this registry can negatively affect your personal and professional life.

Ex-Mass. teacher pleads guilty to statutory rape, Boston.com, December 15, 2010
Holyoke teacher Lisa Lavoie behind bars on statutory rape, other charges, MassLive, February 24, 2009

Related Web Resource:
Massachusetts Law About Sex, Massachusetts Trial Court Law Libraries
Massachusetts Sex Offender Registry Board
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