Boston Criminal Lawyer Blog

December 13, 2010

MBTA Arrests for Open and Gross Lewdness on the Rise

This year to date, MBTA Transit Police have made 35 arrests for open and gross lewdness on the T and buses, marking an 84 percent increase in such arrests since 2009. However, this statistic may be attributable to an increase in such incidents being reported. Around this time last year, there were 28 reports as compared with the 48 so far this year. The latest arrest involved Donnie McLean, a 48-year-old Level 3 sex offender, who allegedly exposed himself to a female on a Route 28 bus. McLean had previously been convicted of open and gross lewdness on two occasions.

In addition to the arrests for open and gross lewdness, MBTA police have made more than 20 arrests this year for indecent assault and battery. Most recently, in November, two men were arrested in connection with separate incidents of alleged MBTA groping.

Sources:
The Boston Globe, More arrests for lewd conduct-and more incidents reported– on MBTA

MBTA.com, Indecent Assault and Battery Arrests

Open and gross lewdness and lascivious behavior involves the intentional exposure of the buttocks, genitals or female breasts to another person or to multiple persons. If the exposure is accidental, then one cannot be convicted of this offense. Especially given certain fashion trends, such as males wearing saggy jeans or females wearing strapless tops and dresses, it is often possible that such exposure is nothing more than an embarrassing accident.

Indecent assault and battery also requires an intent element. To be convicted of indecent assault and battery, there must have been some intentional touching of a private area without excuse or justification. The T and MBTA buses are almost always extremely crowded, and there is usually little to no personal space. It can be very difficult to avoid accidentally touching or brushing up against fellow passengers, and again, a potentially strong defense to an MBTA indecent assault and battery charge would be that the touching was not intentional.
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December 13, 2010

Attorney Sam’s Take: Boston’s SJC Rules On “DNA Indictments” In Rape Case

by Altman & Altman

On Friday, I told you that there were two decisions handed down by Boston’s Supreme Judicial Court that I wanted to address with you. The first, having to do with a murder conviction, had to do with jury bias. The second has to do with the topic of DNA and the statute of limitations, particularly in cases involving rape and other sex crimes.

It also has to do with hypocrisy.

The SJC has now ruled that prosecutors can indict suspects known only by their DNA profiles and bring them to “”justice years later when police identify who the genetic material belongs to, even if the statutes of limitation have lapsed.

This was a big decision and is being regarded by many as the next logical step in our evolving criminal justice system of the 21st century. It is the first decision of its kind in Massachusetts. The Court concluded that a DNA profile is an “indelible ‘bar code’ that labels an individual’s identity with nearly irrefutable precision.” As such, it can serve as the identity of the person indicted, even though the charging document lists the unknown defendant as “John Doe”.

The ruling is consistent with the state of the law in several other states.

You see, the issue here is the statute of limitations applicable to various matters. Said statute sets a time bar, similar to civil matters, within which a case can be brought against a particular defendant. Every crime has a statute of limitations except in cases of murder. There is no statute of limitations on murder.
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December 12, 2010

Bradford Man Arrested After Pedestrian Killed in Andover

by Altman & Altman

A pedestrian was killed Sunday afternoon outside a Massachusetts State Police barracks in Andover after being hit by an alleged drunk driver. The 30-year-old Bradford woman was walking to her car after leaving the barracks around 3 p.m. when she was struck by a pick- up truck on Route 125.

Robert Bryant, a 50-year-old from Bradford, was arrested and will be charged with motor vehicle homicide, operating under the influence of liquor, negligent operation of a motor vehicle, and leaving the scene of a crash that caused personal injury. He will be arraigned Monday, December 13th, in Lawrence District Court.

Source: The Boston Globe, Pedestrian killed outside Andover barracks, driver faces OUI charges

This man should immediately hire a criminal defense lawyer to minimize his convictions and penalties (if any). This story shows how those charged with motor vehicle crimes commonly face multiple charges arising from the same incident. It also leaves many questions that may be relevant to a defense unanswered including how the police determined to stop Bradford (since the driver who struck this woman left the scene) and how they came to the conclusion that he was drunk. Bryant’s best bet is to contact an attorney with experience in motor vehicle homicide, OUI, and hit and run who will leave no stones unturned in building his defense.
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December 10, 2010

Attorney Sam’s Take: Boston’s Supreme Judicial Court Rules On Jury Bias In Rape – Murder Case

by Altman & Altman

A funny thing happened to me today on the way to the Boston Criminal Lawyer Blog: I got Pi…really angry. I had planned to end the week with a pleasant little story about a gentleman getting arrested at an MBTA stop. It appears that he turned out to be a Massachusetts sex offender and was urinating in public at the time.

Of course, I now see that our “news brief blogger” has already reported that story.

Anyway, my attention got diverted by two stories from Boston’s Supreme Judicial Court. The court’s rulings are not really what ignited the fire in my gut. It was some of the commentary from one of our esteemed political prosecutors.

Before I address the issue of Massachusetts Attorney General Hypocrisy, let me explain the first ruling. I will address the second story when I calm down…presumably on Monday.

You may recall the story of the late Christa Worthington from Cape Cod. She was murdered in her home in January, 2002. Her body was discovered with her 21/2 year old daughter huddled next to her lifeless body.

During the course of the criminal investigation, attention focused on Christopher McCowen, 30, the trash collector, known hereafter as the “Defendant”. The investigation continued as did the growth of public interest, particularly when books about the case, including Maria Flook’s book, Invisible Eden: A Story of Love and Murder on Cape Cod were published.
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December 9, 2010

Convicted Sex Offender Arrested for Urinating at Downtown Crossing

by Altman & Altman

William Gibbons, a 48-year-old Level 3 sex offender, was arrested Wednesday afternoon when Transit police allegedly saw him publicly urinating on a Downtown Crossing platform. He was charged with indecent exposure and failing to register as a sex offender. Transit police were notified around 4:45 p.m. that a man had exposed himself, the Boston Globe reported. It’s alleged that Gibbons was still urinating when police found him. After he was arrested, police learned that there was an outstanding warrant for his arrest for failure to register.

Source: The Boston Globe, Level 3 sex offender charged with urinating in Downtown Crossing T station

First, this story shows the importance of hiring a criminal defense lawyer when charged with a sex crime. Sex offense convictions will continue to haunt you, especially where you could be classified as a Level 3 sex offender. A Level 3 designation arises where the Sex Offender Registry Board (SORB) determines that the risk of re-offense is high and that the person poses a danger to the public.

A second point involves the advantages of hiring a good lawyer once you have been charged with failure to register. Under General Laws c. 6, Section 178H(a), a prosecutor has to prove that a defendant knowingly failed to register. An experienced defense attorney can make that knowledge element difficult to prove. Even where the knowledge was available to the defendant, the prosecutor cannot meet his/her burden unless it is proven the defendant consciously disregarded the information necessary to provide him/her with the requisite knowledge. So, for example, if the SORB didn’t mail Gibbons a notification, he might not be guilty of this crime even if notifications were published in multiple newspapers. This is just one example of the many ways a criminal lawyer can fight your failure to register charge.
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December 9, 2010

Father of 3-Year-old Jonathan Chase DeBlase Charged with Murder

by Altman & Altman

Police think they have found the remains of Jonathan Chase DeBlase. The 3-year-old was last seen alive in March, but the authorities did not know that he and his sister Natalie were missing until last month. The search for the 4-year-old continues.

Now, the children’s father, John Joseph DeBlase, has been charged with two counts of murder. The authorities believe that the children were killed by their dad and stepmom. The Jonathan’s skeletal remains were discovered after his dad gave police information about where the body might be. DeBlase claimed that he couldn’t remember the exact location because he had been on sleeping pills.

Investigators believe that after Jonathan’s murder, DeBlase, Natalie, and Heather Keaton lived together until Natalie’s disappearance. The two adults, who were never married, are now blaming each other for the kids’ murders. Keaton, who is charged with two counts of neglect of a child and willful abuse, claims that DeBlase poisoned the kids. Meantime, DeBlase’s parents are accusing Keaton of killing the children during a fit of anger.

The search for the two children began after Keaton told police that she needed protection from DeBlase. She claimed that she was being held against her will and she signed a domestic violence petition. She has said that DeBlase would not let her check on the kids when they were non-responsive and that “choices were made…” DeBlase and Keaton have a baby together.

DeBlase has also been charged with two counts of abuse of a corpse and two counts of aggravated child abuse.

Father being charged in deaths of Alabama children, CNN.com, December 8, 2010
Dad of missing Ala. kids charged with murder, AJC/AP, December 8, 2010
Related Web Resource:
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December 8, 2010

Mother and Daughter Arrested After an Alleged Shoplifting

by Altman & Altman

Kyana Jinks, a 22-year-old Dorchester woman, and her mother, Prensila Jinks, a 44-year-old of Roslindale, were arrested Tuesday after Kyana allegedly left a shoe store with a pair of boots hidden in a baby stroller, which held her young child. Kyana has been charged with shoplifting. Her mother has been charged with assault and battery on a police officer for allegedly scratching the officer confronting Kyana at the scene.

A Famous Footwear (Mass. Ave. location) employee allegedly saw Kyana place a pair of suede boots in the stroller and leave the store. The employee contacted police and followed her to another store. Kyana allegedly told the officer that her name was “Elizabeth” and that the child was her niece. She allegedly said that she had no identification and that the boot was in her car, although she had no car keys. The officer, finding a single boot in the stroller, was arresting Kyana when her mother arrived. Prencila allegedly denied being Kyana’s mother and attempted to leave with the young child. The officer tried to stop her, and she allegedly swung at and scratched his hand.

Because the holidays create a great deal of financial stress for most, especially in difficult economic times like these, incidents of shoplifting tend to increase during the season. Police are well aware of that, and they are cracking down on holiday looters by assigning new recruits to shopping centers. Boston police have added 37 new officers to the “holiday shopping beat.” They are watching shoppers closely and even giving their cell phone numbers to store clerks, hoping to increase response time.

Sources:

The Boston Globe, Police arrest Dorchester mom and daughter for shoplifting

MASSCOPS, Cops target holiday looters in New England
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December 8, 2010

Attorney Sam’s Take: Do Massachusetts Bullying, Shootings And Murder Cases Negate Stats On Juvenile Justice?

by Altman & Altman

I really hate to throw a damper on a celebration. Recently, the Boston Globe touted the good news that Massachusetts criminal and child welfare caseloads in the state’s juvenile courts have fallen sharply over the past three year. According to these statistics, economic turmoil that has placed enormous strain on many families has failed to yield more negative results and the dramatic decline is confounding social workers, lawyers, and child and family advocates.

I am not really so counfounded.

Of course, as soon as such news comes out, the powers that be begin patting themselves on the back for a job well done. After all, when success is in the air, everyone grasps at it as if it were the beloved child of their own hard work. Failure, on the other hand, remains an orphan, spawned by “them”…whomever “they” are.

Massachusetts juvenile courts handle three major categories of cases. The most common are delinquency cases. They deal with criminal offenders under the age of 17. Juvenile judges also hear petitions involving abused or neglected children, and review cases involving youth who are in trouble at school or home or regularly running away. Apparently, since 2007,the number of such matters in juvenile court has decreased.

So I guess kids lucky enough to live in the Commonwealth have little to be afraid of, right? After all, that would be well timed given the onslaught of cases which is likely to soon deluge the courts due to Massachusetts’ new bullying law.

But I digress. We were talking about the recent past, not the near future.
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December 6, 2010

Attorney Sam’s Take: A Boston Man Faces Criminal Charges For Breaking Into A Tow Truck

by Altman & Altman

A Boston man was arrested Sunday morning. He was charged with breaking into a tow truck in Brighton. He was carrying a large attitude and a strong desire to re-invigorate the “Let’s Do Everything Possible To Make Matters Worse” club.

Of course, William Ashmore, 36 (hereinafter, the “Defendant”) had his reasons. After all, his vehicle had been towed and, according to law enforcement, the towing company was refusing to give it back to him.

Now, to be fair…they had a point of view too. They wanted him to pay the required fee first.

When the police came to investigate, the Defendant ordered that they release the vehicle to him. When they explained that he had to pay the fee first, he is said to have begun disparaging the officers.

Apparently, said communications included questioning of the officers. Questions included tidbits like, “I went to college … what did you do?”
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December 5, 2010

Man Arrested on 11th Drunk Driving Charge in Seekonk

by Altman & Altman

Vernon Perry, 52, was arrested Saturday in Seekonk on his 11th drunk-driving charge. According to Seekonk police, Perry was driving at a high speed on Taunton Ave. when he crossed a double yellow line. It is alleged that Perry failed field sobriety tests and gave a Rhode Island address even though he had an “active” Massachusetts license. Perry refused a breathalyzer. His 2001 Saturn was impounded. Police didn’t say when Perry will be arraigned in Taunton District Court.

Source: The Boston Globe, Driver arrested in Seekonk on his 11th drunken driving charge

This man is facing mandatory jail time and large fines, and he should speak with an attorney who can be present with him at his arraignment.

Often times refusing a breathalyzer, as Perry did, leaves good options for combating drunk-driving charges. In Massachusetts, you do not have to take a breathalyzer test. Prosecutors will not be able to introduce the refusal against you at a trial, but there will be license-suspension consequences, the length of which will depend on whether it’s a 1st offense, 2nd offense, etc.

Even where, as is alleged here, a person fails field sobriety tests, there can be several reasons for that other than being drunk. For example, being nervous, tired, overweight, or elderly can cause a person to fail a field sobriety test. These kinds of tests can also be administered improperly or under improper conditions.

When a car is impounded, as this man’s was, police can make a warrantless inventory search of the contents of the car. This is because people have a lesser expectation of privacy in their cars than in their homes and because inventory searches protect police from claims and protect the car owner’s property. However, the inventorying process cannot be used as a ploy to search for incriminating evidence.
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