Articles Posted in Sexual Crimes

We have heard some real horror stories regarding people in the financial industry lately. The name “Bernie Madoff” still brings shivers to many people’s spines. Since the discovery of Madoff’s white collar crimes, other such crimes seem to be coming to light. You have read a number of these in this daily Boston Criminal Lawyer Blog.

But a certain former senior vice president from a white-shoe Boston wealth management firm has gained notoriety in a different way.

He is alleged to be a flasher.

Stephen B., 40, (hereinafter, the “Defendant”) was arrested on March 11th for exposing himself to young women and is also being eyed as the flasher dubbed the “campus flasher” who preyed on Wellesley College students, according to the Boston Herald.

According to law enforcement, the Defendant was spotted by campus police while he was fondling his exposed genitals. He was charged with indecent exposure and open and gross lewdness, said Wellesley Police Deputy Chief Bill Brooks. If convicted, the Defendant will have to register as a sex offender.

The Defendant also is being eyed in connection with other lewd acts that prompted a “campus crime alert” last month, two law enforcement officials said.
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A while ago, this daily Boston Criminal Lawyer Blog posted a story about the groping problem on the Boston “T”. For those of you who would like to review, you can find the posting here.

Well, the problem continues.

On Friday, Carlos D. of Dorchester (hereinafter, the “Defendant”) was arrested. He is accused of assaulting and groping passengers on a Massachusetts Bay Transportation Authority trolley.

MBTA police said they were called to the Coolidge Corner MBTA stop in Brookline at about 10:15 p.m. Friday for a report that a man assaulted several people on a trolley car. One woman told MBTA police that the Defendant put his hand on her buttocks as she rode the C Line trolley. The woman’s boyfriend told the Defendant to get away from her, and the couple reported the incident to an MBTA employee.

Another woman told police that the Defendant touched her repeatedly in the shoulder. When a man stepped between them, the man said the Defendant “violently” pushed him in the chest, according to the police report.

Yet another woman claims he touched her face.
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Bad day for the defense in Lowell Superior Court this past Monday. Just out of Boston is a place called Arlington. Not too long ago, Arlington boasted Senator Jim M. (hereinafter, the “Defendant”) as its local representative. Today, he is no longer a senator. This week began as he and his attorney were given the bad news. The court denied his motion to dismiss.

This is not the first time we have discussed this particular defendant. I call your attention to this daily blog’s posting on February 11th, entitled “Boston’s Supreme Judicial Court Upholds Prosecuting Attorney’s Refusal To Prosecute Sex Crime”. That was about a good day for the Defendant when the state’s highest court upheld the prosecutor’s refusal not to prosecute a new matter with similar charges against him. If he thought that was a sign that he was going to be able to crush the prosecutions already started against him…he was mistaken.

The Defendant was arrested last June and accused of a host of offenses. These include the sexual harassment of four women in Lowell. At his arrest, he initially fled police, according to police reports, and was captured in a Lowell parking garage. In addition to the four counts of annoying and accosting, the Defendant is charged with also attempting to commit a crime (indecent assault and battery); disorderly conduct; and resisting arrest.

The Defendant has pleaded not guilty and his trial is slated to begin in April. But he and his lawyer thought they had a shot at making that trial a bit shorter.

The rather novel argument was that the four counts of annoying and accosting a person of the opposite sex are unconstitutional because he would not have been charged with the same crime if he were a woman.
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Brewster police officer Joseph H. (hereinafter, “Officer Openfly”) went to a Metallica concert on January 18th. That’s ok…they’re allowed to do that. But the force tends to frown upon things like exposing oneself and urinating on families. So do Suffolk County detectives and, presumably, assistant district attorneys. So, now he faces a hearing in Boston to determine if felony charges should be brought against him.

It’s not the only place he has faced a hearing and potential disciplinary action against him. Earlier this week, he had a disciplinary hearing before selectmen yesterday for the alleged drunken and lewd behavior at the Boston concert. ,

Officer Openfly allegedly pulled down his pants and urinated on a member of a family sitting in the row in front of him at the TD Banknorth Garden in Boston, according to reports from the Massachusetts Bay Transportation Authority Transit Police and Boston police. He then verbally and physically harassed the female members of the family with his pants still down and penis exposed, according to police.

The drunken symbol of law and order was then thrown out of the concert by security personnel. Transit police then told him to leave or face arrest for trespassing. But Officer Openfly was not done. He attempted to re-enter the concert by flashing his badge, which was at least an improvement, and telling them he was a Brewster police officer, according to the police reports. Apparently, he had missed the memo that indicated that law enforcement officials do not get special dispensation to sexually harass, and pee on, families. At least out of jurisdiction.

Apparently unimpressed, the officers arrested Officer Openfly and charged him with trespassing, a misdemeanor.
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Here’s something you don’t see every day…a prosecuting attorney who has to go to Boston’s Supreme Judicial Court to back him up in not prosecuting someone!

Middlesex District Attorney Gerry Leone has refused to prosecute former state Senator James Marzilli for an alleged assault of an Arlington woman last April. Leone said he found there was not enough evidence to prosecute Marzilli for Massachusetts’ indecent assault and battery charges.

The complainant is not happy. She has been fighting Leone all the way to force him to prosecute.

The complainant alleges that Marzilli drove her to her Arlington home from a fund-raiser in April and, while standing in her kitchen, grabbed her breast and crotch. But Leone said in August that there wasn’t enough evidence to prove the woman’s case “beyond a reasonable doubt,” which is the standard in criminal cases.

The woman then filed a private criminal complaint, the normal process of which being having a clerk magistrate’s hearing to determine probable cause to issue a criminal complaint. Apparently, the clerk found probable cause and a complaint issued.

But Leone again decided not to prosecute and refused to have Marzilli arraigned.
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