Sexual Crimes

December 5, 2008

Massachusetts Is On The Go With Assaults, Drugs And Captive Audiences

A new year is just about dawning! There is a new administration coming in to lead the country! Even our Cambridge office is moving (next door)! Let’s face it, people are on the go!

And, as goes “the people”, so goes the criminal justice system.

For example, let’s look at the case of the “Traveling Brawl Show” which opened its tents this week. It had a relatively short run, though. It ran from the evening hours of Tuesday to the morning hours of Wednesday, starting in Dennis, Massachusetts and ending in Hyannis.

It was not a “feel good” type of show, though. The star of the show, Patrick D., 27, of Dennisport (hereinafter, “Defendant 1”) performed the last act solo amidst charges of assault and battery on a police officer, assault and battery, resisting arrest and disorderly conduct.

The touring group began around 9:30pm on Tuesday at a Christy’s in Dennisport. A customer mentioned to the store’s assistant manager that a fight was underway near the dumpster to the rear of the store. The employee looked out and saw about 10 people fighting, including one with a baseball bat.

The assistant manager called the Dennis police. Meanwhile, the fight moved to the middle of Route 28, stopping traffic. The participants fled when Dennis police cruisers arrived.

According to court documents, the altercation allegedly led to two men being beat with one or more baseball bats and to the stabbing of Defendant 1 ‘s brother. The injured were taken by others, including Defendant 1 , to the hospital.

Later that night, Officer Barrette was dispatched to the hospital to stand by the victims while Dennis police were en route to take statements. Hospital security guards took Barrette into an office to observe the people who had arrived with the injured.

The officer said he saw a man run into the emergency room lobby being chased by Defendant 1 . The man stood behind a hospital guard, but Defendant 1 allegedly still punched him.
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November 27, 2008

Samuel’s take: A Massachusetts Thanksgiving Criminal Justice View To The Past

by Altman & Altman

Today is Thanksgiving. While the daily criminal law blog goes on, this is not a day o concentrate on the problems of criminal justice. Instead, let’s gain some brief optimistic perspective.

From whence have we come?

Some of the particular crimes and punishments make today’s laws look pretty liberal. Since the criminal justice system was a part of the existing religious order of the community, all offenses were against God and society. Laws in the Puritan regions were filled with religious messages. The 1648 Laws and Liberties of Massachusetts, the penal code, for example, often quoted biblical passages.

For example, you think the laws regarding disorderly conduct, trespass and such are overly burdensome? Well, Colonists considered lying, idleness (not working), drunkenness and even general bad behavior as crime. Playing certain games in the Puritan colonies, such as shuffleboard or cards, was a crime. Forget about considering prostitution or sexual assault. Merely flirting was a crime.

The courts used shame, scorn, and humiliation to teach lessons for misbehavior. More severe crimes led to whipping and placing the guilty in wooden frames that had holes for heads and hands, called the pillory.
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November 26, 2008

North And South Of Boston, Sex Trade Stings Are In Full Swing

by Altman & Altman

As we near Thanksgiving, we look around for reasons to be thankful. True, economic times are tough and getting tougher. However, it would appear that all the violent crimes and drug dealing in Lynn, Massachusetts, has been stopped. No more guns rape, robbery or murder. It would appear that even the drunk driving problem is under control.

Now, the police have the time and resources to concentrate on other vicious crimes plaguing our society.

Prostitution, for example.

This past Saturday, a well timed police prostitution sting was said to be different than others done in the recent past. According to the Lynn Item, it was conducted in “broad daylight”.

No pun intended, I’m sure.

“For the city of Lynn, unfortunately, it’s a 24/7 problem,” said Sgt. Rick Carrow of the world’s oldest profession. He is the head of the department’s Special Investigation Unit that conducted the operation between 1 and 4 p.m. Saturday, netting nine arrests of would-be customers.

“There’s a market out there and we’re going to do what we have to do,” he said. And so they did.

Twenty-four-year-old Officer Kelly Aylward was the undercover decoy during the operation conducted in the downtown area, according to Carrow. The targets of this brilliantly conceived plan was to have an attractive female see if she could get men to want to have sex with her and be willing to pay for it.
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November 12, 2008

Massachusetts Police Officer Faces Charges Of Sexual Assault

by Altman & Altman

Sometimes people pick up bad habits at work.

Many chefs turn out to be overweight. Career military folks often need to have their home life overly organized and operational. Many attorneys, like myself, tend not to be able to have a debate with someone without it turning into “oral argument”.

And then there is a certain part-time Hinsdale police officer who served as an animal control officer allegedly turning into an “animal”.

W.Rodney M., 46 (hereinafter the “Defendant”) has been charged with sexually assaulting a woman who had called the police for assistance at her home in 2005. He was arraigned on Monday in Central Berkshire District Court on one charge of indecent assault and battery on a person over 14. He pleaded not guilty and was released on personal recognizance and ordered not to have contact with the 50-year-old victim.

The charge, brought against the Defendant in early June 2008, stemmed from an event that took place in 2005, according to a report filed by Massachusetts state police investigators.

The complainant told investigators that she had made a call to the Hinsdale Police Department about a fisher cat that she had seen around her residence. The Defendant, who was acting as the town’s animal control officer, responded to the call in uniform, and after looking for the fisher cat, allegedly asked her if she was single and “lonely.” He then asked her “if she would like to be taken care of like she had never been taken care of before,” and he allegedly grabbed her hand and rubbed it on the outside of his pants, according to the statement.

The complainant said she was too ashamed to press charges three years ago, when the assault allegedly took place, adding that she felt no one would believe her, according to the report.

Somehow, after the years have passed, she was able to convince herself to come forward.
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October 24, 2008

Ex-Boston Sportscaster Arrested for Transportation and Possession of Child Pornography

by Altman & Altman

In Massachusetts, former Boston sportscaster Bob Gamere has pleaded not guilty to an indictment charging him with transportation and possession of child pornography. Federal prosecutors, who arrested the man that once called himself the Great Gamere, are now calling the former “Candlepins for Cash” host a “danger to the community.”

Magistrate Judge Leo T. Sorokin ordered that the 69-year-old former sports anchor be placed under house arrest and GPS anklet be attached to his leg. Gamere is also barred from answering the door if his grandchildren or trick-or-treaters come to his house unless there is another adult present.

According to the indictment’s charges, Gamere transported child pornography videos on two separate occasions in 2007. His computer at home also allegedly contains videos and images of child porn.

Federal agents found the images after they executed a search warrant of his house and took his computer. The government also claims that Gamere sent child pornography videos as e-mail attachments to a number of people. During the search, Gamere reportedly admitted that printed images of child porn found in his bedroom were his and that he had sent child pornography via e-mail.

The Federal Bureau of Investigation began actively investigating Gamere last year after he allegedly sent via e-mail a 10-minute video of a young girl having sexual intercourse with a man. He allegedly sent the footage using his wife’s AOL account and the screen name “GreatGamere.” Court documents, however, indicate that the FBI had been watching this screen name since 2005 when the sender distributed other videos of “prepubescent” minors having sex with each other and with adults.

Gamere is a former New York Yankees play-by-play announcer and television sports commentator for Channel 7. If convicted, he could spend up to 50 years in prison.

Internet Kiddie Pornography
Distributing child porn via the Internet is considered a criminal offense-even if the images do not explicitly show kids having sex with each other or with adults. A person could get arrested just for sending a photo or image depicting child porn to a friend.

Ex-Hub sportscaster busted for kid porn, BostonHerald.com, October 24, 2008
Former Boston Sportscaster Charged With Possession Of Child Porn, MyFoxBoston.com, October 23, 2008

Related Web Resources:

Laws Concerning Child Pornography, National Center for Missing and Exploited Children
The Protect Act of 2003, Department of Justice Continue reading

October 20, 2008

Andover, Massachusetts, Couple Arrested For Internet Crimes Of Harassment, Identity Fraud And Threats

by Altman & Altman

The Ten Commandments had a few things to say about interaction with one’s neighbors. It might have been helpful, however, had they mentioned what would later be named “the internet” and how it would play into things. At least, it might have helped a particular Andover couple.

Friday morning, Bill and Gail J., both 51 (hereinafter, the “Defendants”), were arrested and charged with criminally harassing their neighbors (hereinafter, the “Neighbors”) over the Internet because of a property dispute.

The harassment allegedly started with a fake advertisement on Craig’s List for used golf carts and other items such as unwanted memberships to a national nudist association. You guessed it…the Neighbors were listed as the people to contact. It then escalated to fake reports of child abuse to state social workers, mysteriously opened bank accounts, and threatening emails and letters, prosecutors said.

The harassment took place over several weeks in March, authorities said. According to court records, the Neighbors began receiving dozens of harassing and threatening e-mails and phone calls. At one point, DSS social workers came to their home to investigate false claims that their 14-year-old son had abused a female at school.

The Defendants pleaded not guilty to counts of criminal harassment, identity fraud and conspiracy at their arraignment in Essex District Court, as they each stood by their individual attorney. Both lawyers said the Defendants are Tewksbury High School graduates who own a realty company and have lived in Andover for nine years. They are also parents of three teenage daughters.
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October 17, 2008

Drunk Driver, Fifth Offense, Says Prostitute Caused The Accident

by Altman & Altman

You know, I think prostitutes are getting a bad rap this week. Yesterday’s daily blog covered a young lady with a record for prostitution being arrest under…curious…circumstances. Today, we examine a case where a prostitute is blamed for something once again…and not for her chosen profession. It is unlikely to end the same way, though.

57-year old Leonard R. (hereinafter, the”Defendant”) had a little problem this past Sunday, apparently when he was returning home in Pittsfield. Well, he did not exactly drive to his home…he drove into his home. His speed is not indicated, but his Toyota Tundra is said to have destroyed a garage door and caused structural damage to the brick building.

According to Central Berkshire District Court records, he was driving with a revoked license. His license had been revoked because of previous drunk driving convictions.

Oh yes, he is also alleged to have been drunk at the time of the collision with his apartment building.

Well, he was now home, after all, so he left the nasty seen and went to his apartment. According to Pittsfield police, he was found “hiding in his bedroom closet”.
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October 16, 2008

North Of Boston, A Robbery Victim Gets Lucky

by Altman & Altman

Here is a cautionary tale out of Lynn, Massachusetts, that could have ended much differently.

On Monday night, shortly after 10:00pm, Jackeline H., 26, of Haverhill, (hereinafter, the “Defendant”), earned the Commonwealth’s Bracelets of Shame after an alleged robbery.

According to the police, a certain unnamed gentleman (hereinafter, “Mr. Unnamed”) had just dropped off his girlfriend at her home and was now sitting in his car on Lewis Street, perhaps lost in thoughts of a lovely romantic evening, with a pile of cash just lying in the center console. $240 in cash to be exact.

Suddenly, according to the police, the Defendant suddenly appeared out of nowhere and jumped into the “Car o’ Cash”. She asked the driver if he wanted to buy a pair of sunglasses.

He answered “No”

At that point, the Defendant took the more direct approach and allegedly grabbed the money and jumped out of the car.

Mr. Unnamed, then, followed her down the street demanding his money back. This continued until the Defendant allegedly said she had a screw driver and, “Don’t come any closer or I’ll stab you,” according to a police report.
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October 8, 2008

Massachusetts Rape Cases Involving Young Victims Continue to Make Headlines

by Altman & Altman

In Massachusetts on Tuesday, Medford resident Philip Duffy was sentenced to a life sentence plus 10 to 12 years for the rape of two deaf girls. At his criminal trial last August, Duffy, 48, was found guilty of three counts of indecent assault and battery on a child younger than 14, five counts of indecent assault and battery on a person older than 14, and posing a child in a nude state. He allegedly assaulted one of the girls multiple times over a four-year period from the time she was 12 years old. Duffy will be eligible for parole after 15 years.

In another recent rape case involving a young victim, psychiatric patient Vernon Lee Thompson is scheduled to be arraigned this week on charges that he raped a 14-year-old hospital volunteer at the Lemuel Shattuck Hospital in Jamaica Plain. Prosecutors say that Thompson raped the volunteer two times in a stairwell on July 10. A nurse reportedly saw Thompson with the girl but did not stop him. Another witness also saw them together and “separated them.”

According to the US Department of Justice, 2/3rds of all reported sexual assault crimes involve minors younger than 18. In Massachusetts, prosecutors will aggressively pursue anyone charged with the rape of a child or an adult, and the penalties if convicted are severe. This is why it is important that if you have been arrested for a sex crime, you retain the services of an experienced criminal defense law firm to protect your rights and provide you with the best defense.

Recently, new Massachusetts legislation created new child abuse crime categories, including assault and battery of a child under 14, aggravated statutory rape, and aggravated forcible rape of a child. Conviction of any of these crimes now comes with mandatory minimum prison sentences.

Philip Duffy gets life for raping 2 deaf children, BostonHerald.com, October 7, 2008
Psychiatric patient indicted on rape charges, Boston.com, October 6, 2008
Child Protection Act just a start, Wickedlocal.com, July 30, 2008

October 3, 2008

Massachusetts Police And Prosecutor Are Accused Of Abusing Trust For Sex And Money

by Altman & Altman

It is almost as if members of law enforcement have been reading this daily blog and decided to help me illustrate one of its chief lessons. The lesson?

Anybody can find themselves facing criminal charges…even someone you least expect. Maybe even you.

Today’s defendants come to our attention by crossing the aisle from the other side of the trenches.