Boston Criminal Lawyer Blog

December 22, 2010

Attorney Sam’s Take: Boston’s Highest Court Rules On Sex Offender’s Probation Violation

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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December 21, 2010

Somerville Man Accused of Massachusetts Hate Crime Ordered to Stay Away from MBTA Employee

by Altman & Altman

Attorney General Martha Coakley’s Office has ordered John Twohig to stay away from a female MBTA bus operator that he allegedly assaulted last July during what has been described as a “racially motivated verbal assault.” The action was brought against the Somerville man under the Massachusetts Civil Rights Act (MCRA), which is also known as the “hate crimes” statute.

Per the order, Twohig is not allowed to violate the civil rights of the victim or anyone else on the grounds of their race. He allegedly took part in a Massachusetts hate crime that involved the verbal and physically threatening assault of the bus operator at the Sullivan Square Busway. Twohig is accused of screamed profanities and racial epithets at the woman before launching toward her. He also is said to have insulted one of the bus passengers with a racial epithet. An MBTA inspector eventually removed him from the bus. Coakley’s office is seeking a permanent injunction against the defendant.

Massachusetts Civil Rights Act (MCRA)
The MCRA gives the Attorney General’s Office the authority to obtain injunctions against people that intimidate, threaten, or coerce victims on the grounds of sexual orientation, religion, race, disability, or another type of protected class or because they have taken part in a protected activity, such as the right to vote. A hate crime does not have to include an actual act of physical violence for a person to be charged with committing the offense. That said, a Massachusetts hate crime may also include acts of vandalism, the destruction of personal property, arson, assault and battery, or murder.

Possible penalties for a Massachusetts hate crime can include:
• Fines • A prison sentence
• Counseling • Anger management • Probation • Suspension of one’s driver’s license • Rehabilitation • Victim restitution • Community service
Since 2007, Coakley’s office has obtained 42 civil rights injunctions for Massachusetts hate crime victims.

Somerville Man Accused of Hate Crime Ordered to Stay Away From MBTA Worker Under Order Obtained by AG Coakley’s Office, Mass.gov, December 17, 2010
Man ordered to stay away from T driver in alleged racial incident, Boston.com, December 17, 2010

Related Web Resources:
Attorney General Martha Coakley, Mass.gov
Hate Crimes, FBI Continue reading

December 20, 2010

Donated Toys Stolen from Burlington Warehouse

by Altman & Altman

Toys collected for Toys for Tots, a program that provides gifts for children in need, were stolen from a Burlington warehouse facility between 2a.m. and 6:30 a.m. on Saturday. The 1,500 stolen toys were valued at $15,000.

According to police, the thief or thieves took only toys that were appropriate for children 8 –years-old or older and worth between $15 and $30. A container of toys that were donated to the State Police was “attacked,” but nothing was stolen from it, according to the Boston Globe.

The donation period for Toys for Tots ended on Friday, and police expect that even if replacement toys are donated, there will not be enough time to sort and distribute them. State Police are, however, collecting toys and checks for Toys for Tots at their barracks.

There was another toy-program theft in New Hampshire in late November of this year. A door was apparently jimmied and $500 of toys and clothing were discovered to be stolen. In that instance, a local radio station organized a fundraiser which raised more than $7,200 in one day alone.

The holiday season, which leads to financial difficulty for many, gives rise to what one newspaper called “the 12 crimes of Christmas.” Burglary and larceny, as seen from the incidents above, are among the crimes of the season. Some of the other common holiday crimes include: domestic violence, drunk driving, robbery, traffic assaults, car theft, hit-and-run, and identity theft.

Sources:
Boston.com, ‘Despicable theft will leave some children without toys Dec. 25, State Police say

NashuaTelegraph.com, Town rallies after theft from holiday toy program

OCregister.com, Watch out: The 12 Crimes of Christmas
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December 19, 2010

Attorney Sam’s Take: Massachusetts Joins Federal Agents Investigate Suspects’ Immigrant Status

by Altman & Altman

The Commonwealth of Massachusetts has now changed its mind regarding the role of state authorities in the criminal investigation of illegal aliens. For the past few years, various states have used various tactics in the tracing of illegal aliens. They claim that the discovery of said aliens helps stem the tide of various crimes, including robbery, murder and drug trafficking. Thus, the logic goes, keeping said aliens out of the country is a valid law enforcement goal in the fight to keep us all safe.’

Until now, however, Massachusetts state officials have refused to join the cause. This has now changed. The Commonwealth will now join the federal program that screens all people who are arrested and fingerprinted to determine whether they are in the country legally. Those who are illegal will then be reported to US Immigration and Customs Enforcement (“ICE”), which will decide whether to detain and deport them.

This step is a change for Boston’s Patrick administration, which had adamantly opposed having the State Police help enforce immigration law. In fact, one of his first acts as governor was to overturn former governor Mitt Romney’s pact with the federal government to deputize some state troopers to enforce immigration law.

The reason for the change? Well, “Over the last year we have received conflicting information from ICE relative to the program. It has become clear now that this program is going to be mandatory for all communities in the near future,” Public Safety Secretary Mary Beth Heffernan has explained. “With that knowledge we will sign the (memorandum of understanding) with ICE. We will also work closely with all communities to monitor the implementation and share with federal officials any concerns that are raised.”

Uhm….doesn’t that sort of sound like legalspeak for “It looked like we were going to have to do it anyway, so we figured we would do it before the proverbial political gun was actually pointed between our eyes so we could claim we did it willingly”?
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December 18, 2010

Former Teacher Pleads Guilty to Massachusetts Statutory Rape of 15-Year-Old

by Altman & Altman

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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December 16, 2010

Armed Bank Robbery in Malden

by Altman & Altman

A Citizen’s Bank on Main Street in Malden was robbed Thursday afternoon, and police are looking for the suspect. At around 1 p.m., a man entered the bank with a note demanding money and warning that he had a weapon. As he was leaving, he ran into problems with the bank’s door locking mechanism and fired 5 shots into the door. He fled on foot down Leonard Street near Oak Grove. Police lost track of him and called off the search around 4 p.m. The suspect, a 5- foot-6 black male in a baseball cap, was captured on a bank surveillance camera. No one was injured.

Police suspect that this man is responsible for other bank robberies in Reading and Lynnfield. The FBI is investigating. It should be remembered that if a federal agent comes to speak with you, you need to call a lawyer before you say anything. Such agents might seem friendly and informal, but any information can be used against you later. Bank robbery is a federal crime under 18 USCS § 2113, and the potential punishments are serious, especially when the alleged robber was armed.

It should be noted that this alleged robber was lucky that his gunshots did not hurt anyone. If, for example, the shots missed the door or ricocheted and killed a bystander, the felony murder doctrine would be triggered, even though he did not intend the killing. Also, if police had fired at this suspect and killed a bystander by mistake, this alleged robber could be criminally responsible for the bystander’s death.

The Boston Globe, Malden bank robber exits, firing five bullets into door
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December 16, 2010

Wareham Dentist Accused of Prescribing Drugs For Sexual Favors

by Altman & Altman

Authorities in Massachusetts have arrested Dr. Steven S. Miller, a 68-year-old Wareham dentist for allegedly exchanging drugs for sexual favors with female patients. He was arrested and arraigned in federal court and charged with distributing and dispensing controlled substances without a valid medical purpose. If convicted, Miller could end up spending up to 10 years behind bars and be ordered to pay a $1 million fine.

Miller is accused of allegedly handing a female patient a prescription for 40 amoxicillin pills and 36 Vicodin pills after asking to see her breasts and slapping her buttocks. At the time, the patient was working with the authorities.

Miller is also accused of telling undercover DEA Task Force officer Paul Callahan, who was pretending to be the boyfriend of one of the cooperating witnesses, to complete paperwork to make it look as though he had underwent dental work that justified a medication prescription. The dentist then allegedly prescribed 24 Vicodin tablets to Callahan.

According to the arrest affidavit, the prescription records of nine of Miller’s patients contain dosages that are not in line with professional dental standards. The prescriptions were filled at Target, CVS, Wal-Mart, and Walgreens between January 1 and November 30, 2010.

Miller has voluntarily surrendered his dental license.

Massachusetts Drug Crimes
Not only are drug charges some of the most common criminal offenses in this state, but also, they are among the most serious charges. In addition to tough sentences if convicted, having a Massachusetts drug offense on one’s criminal record can negatively impede a person’s life and restrict job and educational opportunities. Deportation or the loss of the opportunity to become a US citizen can also become a factor for some people.

Wareham dentist faces sex-for-drugs charges, SouthCoastToday, December 15, 2010
Dentist traded drugs for sexual favors, police say, Boston Globe, December 16, 2010

Related Web Resources:
Drug Enforcement Administration

Drug Crimes Overview, Justia Continue reading

December 15, 2010

Several Reports of Holiday Decoration Theft in Middleborough

by Altman & Altman

Middleborough police have received 12 reports of holiday decoration theft from front lawns since the beginning of the month. Among the items stolen were reindeer, lights, inflatable snowmen, Santas and a Grinch, nativity sets, and a Santa Claus mailbox.

The mailbox, which belonged to 77-year-old Robert Algier, was found in a nearby yard and returned days later. One reindeer was found on another street. Partly because of this, police have suspected that the thefts involve teenaged pranksters. Adding to that suspicion, police got their first and only lead Tuesday night with a report of two teenagers in a white car in the area of an inflatable-Santa theft. Police told a local news station that if the culprit or culprits are caught, a prosecution for destruction of property will follow.

Theft of outdoor holiday decorations is nothing new. Around this time every year, we hear about this kind of activity. While almost always intended as a prank, the potential consequences are not a joke. Penalties for destruction of property and larceny can involve fines, restitution, community service or even jail time. If the person/persons involved in these incidents are teenagers, as police suspect, they may find themselves in the awkward position of explaining a criminal conviction on a college application or at a job interview. That’s why it is important to talk to an experienced defense lawyer.

Sources:
WCVB Boston, Police: Grinches stealing Christmas displays

Boston Globe, Thieves channel the Grinch, steal holiday decorations in Middleborough
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December 15, 2010

Attorney Sam’s Take: Would A Naked Postal Employee Have To Register As A Sex Offender In Massachusetts?

by Altman & Altman

Last Friday, I told you that I was originally going to blog about a Massachusetts sex offender who had gotten arrested for urinating at an MBTA stop. If you are unaware of the gentleman’s story, you can read about it here as reported by our news-blogger. It may have made you wonder about what passes for logic amongst Massachusetts sex offenders.

Well, now comes a story that would indicate that it is right there with other deep thinkers in the rest of the country.

This story comes to us from Whitefish Bay, Wisconsin.

People care about each other in Whitefish. Even federal employees, who sometimes get a bad rap for being anti-social, for example postal workers, care. Further, sometimes such people are not thought to have a sense of humor. Well, this is not true in Whitefish.

Enter a certain 52-uear-old postal carrier (hereinafter, the Defendant”). He was concerned about a 21-year-old woman whom he sees on his regular rounds. You see, she apparently had been seeming “stressed out”. Naturally, the Defendant wanted to relax her and cheer her up.

Now, what could be more natural than that?
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December 14, 2010

Police Officer Pleads Not Guilty to Many Charges, Including Drunk Driving and Drug Possession

by Altman & Altman

Salem police officer William D. Riley pleaded not guilty to several charges, including operating under the influence of alcohol, domestic assault with a firearm, possession of a firearm while intoxicated and possession of Class E drugs, in Salem District Court on Tuesday. A pre-trial hearing is scheduled for January 13.

Riley was arrested Friday evening when Salem police responded to a Dunlap Street domestic dispute. According to the woman who called the police, she had been in an argument with Riley, during which he said he had a loaded gun outside and after which he followed her outside, put a gun in his car, and drove off in it. The woman gave a box of what she said were Riley’s steroids to the officers. The police found Riley in his car on Dunlap, allegedly showing signs of intoxication.

The police department suspended Riley without pay and may take further disciplinary action against him.

Source: The Boston Globe, Salem police officer pleads not guilty

The drug possession charge may be very difficult for a prosecutor to prove in this case because the steroids were not in Riley’s physical control and there is no indication from these facts that Riley had the ability or intention to exercise control over them. It could also be difficult to prove the domestic assault with a firearm charge. There can be no criminal assault where there is no attempted battery and no threat or unlawful act that would place a person in immediate fear. From the facts given here, it is unclear whether Riley’s alleged actions would rise to the level of an assault. It would also be interesting to find out what the alleged signs of intoxication were. An emotional argument with a romantic partner may be a perfectly good reason for exhibiting certain “signs of intoxication” like glassy or bloodshot eyes and angry or irritated reactions.
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