Articles Posted in Sexual Crimes

The Suffolk District Attorney’s Office has dropped the child porn possession charge that was filed against Michael Fiola, a former Department of Industrial Accidents investigator in Massachusetts. Fiola was fired from his job after child pornography was discovered on his state-issued laptop. The computer was a replacement laptop, issued in November 2006, after the one he had been using was stolen.

Several months later, IT officials at the DIA noticed that his data usage was four times higher than that of his colleagues. He was fired on March 14, 2007. Fiola had spent several years as a DIA employee investigating workers’ compensation fraud.

Massachusetts state police convinced the Boston Municipal Court to charge him with possession of child pornography in August 2007. After conducting a lengthy investigation, however, Tami Loehrs, a nationally renowned computer forensic analyst retained by Fiola’s defense team, discovered that the former investigator was the victim of spam.

Loehrs’s 30-page report discusses how Fiola’s laptop had been running corrupt virus protection software and that crackers and spammers had barraged the computer’s memory with images of pre-teen porn and incest. The images could not be seen by the naked eye.

Loehrs says she is 100% convinced that viruses and trojans had compromised the laptop, which may have been hacked, and that her findings show no “user interaction preceding the porn activity,” some of which had been rapidly downloaded.

Fiola’s wife, Robin says her husband has always been computer illiterate, and that he plans to sue the DIA for “destroying our lives.” Fiola says that their friends abandoned them and he wants to get his reputation back.

Child pornography possession is considered a serious criminal and social offense in Massachusetts. A criminal charge of child porn possession can lead to the ruin of your reputation, the loss of your job, and the loss of relationships.

Probe shows kiddie porn rap was bog, Bostonherald.com, June 16, 2008
Victim of malicious software tells how it cost him his job, his friends, his livelihood and his peace of mind, Computerworld.com, June 18, 2008

Related Web Resources:

Department of Industrial Accidents

Tami Loehrs
Continue reading

R & B Performer R Kelly has been found not guilty of all 14 child pornography charges. The verdict ends a six-year saga for the singer, who was accused of having sex with a minor and recording the incident on video. He could have faced 15 years in prison if he had been convicted of all the charges and would have had to register as a sex offender in Illinois.

The video had been mailed to the Chicago Sun-Times in 2002. Kelly was initially indicted on 21 counts of child pornography. Prosecutors claimed that Kelly was the man seen engaging in the graphic sex acts with an allegedly 13-year-old girl. The video was recorded sometime between November 1997 and February 1998. Copies of the tape were sold on streets across the United States.

Kelly, and the girl, who is now 23-years-old, have always denied that they are the people seen having sex in the 27-minute video. A defense expert has even suggested that Kelly’s likeness had been inserted in the video.

Some 22 witnesses testified during the criminal trial. Several of the witnesses, four of them relatives of the alleged victim, identified the now 23-year-old woman as the girl in the video. Three other relatives of the alleged victim, however, testified for the defense and said they did not recognize the girl in the video. Kelly and the woman did not testify during the trial.

One key witness, Lisa Van Allen, said she had engaged in threesomes with Kelly, who had videotaped the encounters, and that one of the incidents involved the alleged victim. Under cross-examination, however, she admitted to stealing a $20,000 diamond studded watch from Kelly. The defense said that Van Allen just wanted to extort money from Kelly.

R. Kelly found not guilty, Boston Herald, June 14, 2008
R. Kelly arrested in child porn case, CNN.com, June 5, 2008

Related Web Resources:

Child Pornography, USdoj.gov
What is Child Pornography, Missingkids.com Continue reading

Court officials in Boston say that they are waiting for the results of a Wentworth Institute of Technology investigation to determine whether to file criminal charges against two of its students, who are accused of videotaping two women having a sexual encounter in a nearby Massachusetts College of Art and Design dorm.

The video was posted on a Wentworth network site and was viewed by many people, including students from other schools. Court clerks will usually wait to file a criminal complaint against college students with no prior criminal record when they are being investigated for misdemeanor crimes, such as underage drinking, at universities.

Emily Niland and Rosanne Strott, the women in the video say they felt violated when they found out several months later that the video existed. Strott, who has seen the video, says that the voices of men can be overheard on the video chanting antigay statements and talking about her body.

Wentworth students David Siemiesz and David Cunha allegedly recorded the videotape. Siemiesz says that he and Cunha did not intend for the video to go online and they didn’t realize the severity of their actions. About 10 men had watched the two women from a Wentworth dorm room. Siemiesz says he told someone to get a camera even though he felt anxious about his actions. He says he doesn’t know who posted the tape on the site.

Boston police say the two men could face a misdemeanor charge of videotaping a nude or partially nude person without consent. If convicted, Siemiesz and Cunha could spend up to 2 ½ years in a county correction house. Cunha and Siemiesz were not charged with distributing the tape because the site they posted the video on is a file sharing network that only Wentworth students can access.

Peeping Tom video lands two students in district court, Boston.com, June 12, 2008
Women taped secretly in dorm room, UPI.com, June 13, 2008

Related Web Resource:

Surviving a Misdemeanor Charge (in College), Arizona.edu Continue reading

The criminal trial of R & B Singer R. Kelly continues this week. Kelly is charged with 14 counts of child pornography related to a video in which he allegedly is seen having sex with a minor.

Kelly has pled not guilty to all 14 counts and he denies that he is the man seen in the video having sex with the young girl. The alleged victim is now a 23 year-old-woman, and she too denies that she is the girl in the video.

Last week, Chicago Police Officer Delores Gibbon testified that the girl in the video was her niece, who was only 13 or 14 years old when the video was shot. The girl’s childhood best friend Simha Jamison also identified the girl in the video. She also identified Kelly as the man in the video.

Jamison says that she and her friend visited Kelly a number of times at his recording studio and that the singer often gave her friend money, ranging from $100 to $500. She also says that she and her friend visited the home where the sex tape was shot during the time that the video was filmed. The witness says her friend never told her about a sexual relationship with the singer.

The alleged victim’s uncle and aunt also testified in court that she is the girl in the video.

Kelly’s defense attorney has suggested that the star’s image may have been digitally inserted into the video. The singer faces up to 15 years in prison if convicted.

Child Pornography
The National Center for Missing and Exploited Children’s web site says that federal law defines child pornography as “a visual depiction of any kind, including a drawing, cartoon, sculpture, or painting, photograph, film, video, or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where it a) depicts a minor engaging in sexually explicit conduct and is obscene, or b) depicts an image that is, or appears to be, of a minor engaging in graphic bestiality, sadistic or masochistic abuse, or sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, and such depiction lacks serious literary, artistic, political, or scientific value.”

Owning, making, or distributing child pornography is illegal in Massachusetts and every other US state. If you have been arrested or charged with child pornography in Massachusetts, our Boston sex crimes lawyers can help you fight the charges.

4 witnesses ID alleged victim in R. Kelly trial, AP, May 23, 2008
Child Pornography: What is It?, National Center for Missing & Exploited Children

Related Web Resources:

R. Kelly trial: 3 best moments for prosecution, defense, Chicago Tribune, May 27, 2008
R. Kelly arrested on new child porn charges, CNN.com, January 22, 2003 Continue reading

In Massachusetts, Middlesex County prosecutors have announced that they will not file criminal charges against State Senator James Marzilli. The announcement comes after prosecutors conducted an investigation into charges filed by a woman alleging that the senator had inappropriately touched her without her consent early in the morning on April 6.

Prosecutors say they interviewed the woman several times, as well as several witnesses that had seen Marzilli and the woman at a fundraiser a few hours before the alleged incident. The Middlesex district attorney’s office cited a lack of sufficient evidence to prove criminal charges beyond a reasonable doubt.

Senator Marzilli, 49, has always maintained that the accusations were false. He served in the House for 17 years before winning a special election last December to fill an empty spot in the Massachusetts Senate.

Whether you are an ordinary citizen, a public servant, or a high profile celebrity, your personal and professional reputations can suffer when you are wrongly accused of committing a sex crime. The convictions for sex crimes committed in Massachusetts are harsh.

This is why it is so important that you retain the services of an experienced Massachusetts sex crimes law firm that can investigate the accusations against you and aggressively defend you against criminal charges.

Under the Massachusetts General Laws, criminal penalties for an indecent assault and battery conviction include:

Chapter 265: Section 13H. Indecent assault and battery on person fourteen or older; penalties:

Section 13H. Whoever commits an indecent assault and battery on a person who has attained age fourteen shall be punished by imprisonment in the state prison for not more than five years, or by imprisonment for not more than two and one-half years in a jail or house of correction.

No charges to be filed against Arlington state senator, Boston.com, May 13, 2008
Police investigate allegations that state senator assaulted woman, WBZ.com, April 8, 2008

Related Web Resources:

The General Laws of Massachusetts

State Senator James Marzilli, Mass.gov Continue reading

In Massachusetts, Robert J. Shea, a basketball coach and custodian at Everett Middle School has been charged with two counts of rape and three counts of indecent assault and battery involving a 12-year-old boy. He has pled not guilty to the charges.

Shea’s arrest on April 6 and the subsequent charges announced on April 7 came a few days after the boy’s mother reported him to police. Prosecutors claim that Shea sexually abused the boy for six months and the abuse incidents occurred in the 57-year-old’s house and at Everett High School.

Shea, an Everett School Department employee for 25 years and a junior varsity basketball coach for 14 years, has expressed shock at the charges. His Massachusetts criminal defense lawyer says that Shea only acted as the boy’s friend and older brother and that this is the first allegation against him after working around children for years.

Everett schools superintendent Frederick F. Foresteire says that this is not the first time that Shea has been investigated. He was investigated by the Everett Police Department in 2005 and the Department of Social Services in 2003. Both cases were closed without findings. Shea has been suspended from his job until the Everett sex crimes case is resolved.

Child rape is considered a very serious offense. The issue of child rape has been in the news headlines lately. This week, the U.S. Supreme Court heard arguments on whether a child rape conviction should lead to the death penalty. The case was brought to the Supreme Court by Patrick Kennedy, a Louisiana man that was sentenced to death after being convicted of raping the 8-year-old daughter of his girlfriend. He is appealing his sentence.

US high court mulls death for child rape, AP, April 17, 2008
Everett schools employee accused of sexually assaulting boy, Boston Globe, April 8, 2008

Related Web Resources:

Sexual Assault and Rape, Norfolk District Attorney’s Office
Rape a child, pay with your life, Louisiana argues, CNN.com, April 15, 2008 Continue reading

New York Governor Eliot Spitzer says he is resigning from his position following allegations that he was involved with an international prostitution ring. Spitzer had once served as a prosecutor and New York Attorney General and had built his reputation on prosecuting high profile white collar criminal cases against Wall Street securities companies. He also went after prostitution rings. In 2006, 69% of New York voters elected Spitzer as their governor.

On March 10, the New York Times web site published an article saying that during a federal wiretap, Spitzer is heard making arrangements to meet a prostitute in Washington D.C. Referred to as “Client 9,” in the federal affidavit, Spitzer allegedly paid $4,300 for this sexual encounter with a hooker named “Kristen.”

Sources say that Spitzer may have spent tens of thousands of dollars to cover the costs of sexual meetings with prostitutes. He allegedly requested prostitutes from the international prostitution and money laundering ring, called the Emperors Club, at least eight times.

Federal prosecutors are not saying whether they plan to file criminal charges against Spitzer. His attorneys reportedly are trying to negotiate a plea agreement to avoid prosecution. Four people, linked to the “Emperors Club,” have already been arrested.

At a press conference today, Spitzer expressed remorse for his “private failings.” He said he was stepping down from politics for the “common good.”

Prostitution is illegal.

Under the General Laws of Massachusetts, Chapter 272: Section 53A:

Section 53A. (a) Whoever engages, agrees to engage, or offers to engage in sexual conduct with another person in return for a fee, or whoever pays, agrees to pay, or offers to pay another person to engage in sexual conduct, or to agree to engage in sexual conduct with another natural person, shall be punished by imprisonment in the house of correction for not more than 1 year or by a fine of not more than $500 or by both such imprisonment and fine, whether such sexual conduct occurs or not.

Spitzer Quits as New York Governor; Paterson Elevated, Bloomberg.com, March 12, 2008
Deeply sorry,’ Spitzer to step down by Monday, CNN.com, March 12, 2008
Massachusetts Law About Sex, Massachusetts Trial Court Law Libraries
Related Web Resources:

Read the Complaint (PDF)

Statement from Governor Eliot Spitzer , March 10, 2008
New York Governor, New York State Continue reading

Woburn, Massachusetts resident Nicholas Chiaraluce has been cleared of the aggravated rape charge in an incident involving an unconscious woman in the bathroom of the Felt nightclub. In Boston Municipal Court today, the charges against him were formally withdrawn.

Boston police arrested Chiaraluce after the January 19 incident. Following the arrest, he pled not guilty to the rape charge and was released on bail. He says he was trying to help the woman and had even asked a friend to come to the club to assist them.

Suffolk District Attorney Daniel F. Conley’s office says that the Commonwealth has determined that it does not have evidence to prove that Chiaraluce committed the offense beyond a reasonable doubt.

Chiaraluce applauded his exoneration. He says that he and the woman had consensual sex. He also criticized police for arresting him without speaking to the woman.

Boston police maintain, however, that credible witnesses had said that the Woburn man was seen performing a sex act on a woman who was unconscious-which indicated that she might have not able to give her consent.

Tests showed the woman had alcohol in her system. Her friends have also said that Chiaraluce did not sexually assault her.

Chiaraluce reportedly lost a job opportunity because of the arrest.

Woburn man cleared of rape criticizes Boston police, Boston Globe, March 5, 2008

Related Web Resources:

Man is charged with raping unconscious woman at club, Boston Globe, January 24, 2008
Read Our Law Firm’s Blog About the Arrest and Charges, BostonInjuryLawyerblog.com Continue reading

Massachusetts lawmakers are assessing a number of bills aimed to place harsher restrictions on sex offenders. Today’s Judiciary Committee meeting comes just a few weeks after Cory Saunders, a high-level sex offender. raped a 6-year-old boy at a New Bedford public library. Saunders was charged with indecent assault and battery on a child under 14 and the rape of a child by force. In 2001, he was convicted of assault and battery on a child and child rape .

Issues tackled by the bills include:

• The Institution of mandatory prison sentences for sex offenders whose victims are younger than 12 years of age.
• The wider implementation of GPS monitoring devices to track sex offenders who are no longer in prison.
• Preventing sex offenders from working within 1,000 feet of a day care center, school, or childcare facility.
• Allowing prosecutors to request a jury trial when trying to hold a sex offender for longer than their original sentence.
• Providing sex offenders with the option of undergoing chemically castration so that t violent impulses are inhibited or eliminated.

Legislation that would recognize rape not only as an act of force but one that includes a lack of true consent is also being considered.

Another high-level sex offender, David Flavell, was recently arrested after he was caught allegedly peeping at a woman under a bathroom stall at a Quincy store. .

Opponents of imposing harsher restrictions for sex offenders question whether tougher laws will compel sex offenders to assault again.

There are three levels of sex offenders in Massachusetts:

Level 1 Sex Offender: The Sex Offender Registry Board considers these convicted offenders at low risk for reoffense.
Level 2 Sex Offender: Their degree of dangerousness is considered moderate.
Level 3 Sex Offender: Chance of reoffense is considered high.

Lawmakers weigh bills to tighten restrictions on sex offenders, Boston Herald, February 26, 2008
Suspect in rape at library was freed sex offender, Boston.com, February 1, 2008

Related Web Resources:

Levels of Sex Offenders, Mass.gov Continue reading