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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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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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Anthony Gabriella, a 20-year-old Malden man, has been indicted by a Middlesex Grand Jury on charges of disseminating child pornography and two counts of possession of child pornography. He will be arraigned on December 13 in Middlesex Superior Court.

The Massachusetts Crimes Against Children Task force conducted an investigation in June into file-sharing programs for child pornography. The investigators, who included State Police detectives, connected to a host computer suspected of sharing child pornography files and obtained 200 files of what was apparently child pornography. A search warrant was executed at Gabriella’s home in July, during which a lap top and two thumb drives were seized from his bedroom. According to a statement from the DA’s office, police previewed the computer on the scene and found about 250 videos and images of child pornography. Gabriella was arrested at his home and arraigned on July 22 for charges of possession with intent to disseminate child pornography. He was released on bail with conditions that he refrain from using computers and the Internet, stop working at his lifeguard job and not have unsupervised contact with children.

Child pornography is the exception to the general rule that persons are free to possess obscene materials in the privacy of their home. Dissemination of child pornography carries a mandatory minimum 10-year prison sentence and could reach up to 20 years. Possession of child pornography carries a sentence of up to 5 years in state prison.

One of the elements of the dissemination charge is intent to disseminate the material. Without knowing more details of this case, this could be difficult for a prosecutor to prove in this instance because it involved a file-sharing. It’s not uncommon for file-sharing to be unintentional. For example, if you don’t choose a file-sharing password on Windows, you can unconsciously make your files accessible on the Internet and your hard-drive can become open to anyone who figures out your IP address. Depending on additional information, this is one possible argument that a criminal defense lawyer may make to combat this charge.

Source: The Boston Globe, Malden man indicted on child pornography charges
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A body was found this morning in the back seat of a car at 35 Rowe St. in Roslindale. Police told the Boston Globe that they believe it to be drug-related because it is a quiet neighborhood next to railroad tracks which makes it a good place for illicit meetings. The medical examiner removed the body from the gold Honda as police officers cordoned off the scene. A resident of the street said she was doing laundry when saw feet hanging out of the car.

Police didn’t say what types of injuries were involved, but they said that there was some evidence at the scene.

Source: The Boston Globe, Police probe possible drug slaying in Roslindale

This incident represents yet another possibly drug-motivated crime in the city this year. Fairly recent studies have shown, however, that the relationship between homicide and drug dealing is somewhat poorly understood. One study, which analyzed Boston police arrest data, indicated that less than 15% of reported Boston homicides involve drug use or dealing. Studies also show, on the other hand, that while drug trafficking is a relatively infrequent cause of homicide, it does provide a context in which homicides become more likely to occur.

The police officer’s comment about the quiet neighborhood being a good place for illicit meetings brings up an important search and seizure concept. Many allegedly illicit meetings occur in high-crime areas, not quiet neighborhoods like the one from this news story. Often times, police officers stop persons in high-crime areas based on merely a “hunch,” and this is unlawful. Simply being in a high-crime area is not enough to justify a stop because otherwise, people who live and work in high-crime areas would be left without the protections of the Fourth Amendment.

If you would like to speak with a defense attorney about any criminal issue, call Altman & Altman LLP.
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I don’t know…maybe it’s me. Maybe the fact that I have been walking around with only one eye lately has so skewed my vision that I am simply losing my perspective. But, while my blogs are temporarily reduced in number, I am still going to court. I am still handling the alleged rapes, murders, robberies and all the other fun stuff that keep my professional life going. I also notice the news of events in which I am not engaged.

Just yesterday, I was in a district court and found myself on the other side of an argument which I often have with prosecutors. My client and a buddy of his had been arrested for a number of things, including breaking and entering, trespass and theft. My guy was getting a decent deal, but the Commonwealth wanted a guilty finding against him. His buddy was getting a continuance without a finding (such as we discussed earlier this week). Said buddy had been arrested previously not only for the same thing, but from the same complainant. That prior case had been dismissed.

So, I argued with the prosecutor that if he got a CWOF, my client (who had not been implicated in that prior offense) should get one too. The ADA pointed out that my client had a prior criminal record and his co-defendant didn’t. I referred to the earlier case that the co-defendant had and the prosecutor simply shrugged and said, “yes, but that was dismissed”.
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Eighteen individuals have been arrested on cocaine trafficking charges after a drug bust in Dorchester. Federal prosecutors identified Michael T. Williams as the alleged kingpin in papers filed with the U.S. District Court today. They allege that he has been buying kilos of powder cocaine and turning it into crack in a family-based drug ring that has been operating since the 1990s. They have moved to seize four homes in the Dorchester neighborhood, including three adjacent multi-family houses on Greenwood Street, which prosecutors allege to be at the heart of the operation. In addition to the Greenwood multi-families, they have moved to seize a house at 8 Peacevale Road, which they allege was used by one of Williams’ associates.

Federal, state and local police targeted Williams in July 2009 when an unidentified person came to Boston’s DEA office with information. A press conference will be held today at the office of U.S. Attorney Carmen Ortiz.

This is the second major cocaine bust this week. On Monday night, 200 pounds of cocaine were seized and two men were arrested after federal, state and local police allegedly watched them unload cocaine in Revere.

These individuals will all need the help of criminal defense attorneys, and our experienced lawyers at Altman & Altman can provide the aggressive defense that cocaine trafficking charges require. Trafficking is the most serious of all drug crimes, and a federal cocaine trafficking charge carries a 5-year mandatory minimum and up to 40 years for a first offense. These investigations tend to be far-reaching, and even more individuals than the 18 who have been arrested may be under investigation. If you have been arrested, charged, or suspect that you are under investigation for drug trafficking or any other crime, call a defense lawyer.

Source: The Boston Globe, Long-term ‘family-run’ drug ring busted in Dorchester, officials say
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Lawrence Follett, a 46-year-old of Billerica and former Boxborough elementary school teacher, pleaded guilty in federal court to child pornography possession charges and is scheduled to be sentenced on March 8. Prosecutors say they’ll recommend that Follett serve 2 years and 3 months in federal prison and 10 years of probation after his release.

Federal investigators executed a search warrant on Follett’s home in 2008 based on tips from Swiss authorities. In August of that year, Interpol had started an investigation into child pornography and obtained user addresses that had been accessing a child pornography site. One address allegedly downloaded 101 pornographic videos depicting young boys for $500. ICE Cyber Crimes Unit allegedly traced it to Follett’s Billerica address. Investigators allegedly found more than 200 movies and images of child pornography on a computer and thumb drive in the home.

Federal child pornography possession charges carry a maximum sentence of 20 years. If Follett had been charged under Massachusetts General Laws Chapter 272 Section 29C, his maximum possible sentence would have been 5 years in state prison.

As is alleged in Follett’s case, most child pornography possession cases involve the Internet or some other electronic communication, which gives rise to federal jurisdiction because it crosses state lines. The federal government is adding and assigning an increasing amount of U.S. Attorneys and FBI agents to investigate and prosecute child pornography crimes. If you think that you are being investigated for any crime, it is important to speak with an attorney.

Sources:

The Lowell Sun, Billerica man, a former teacher, pleads guilty to Internet child porn

The Boston Globe, Former Mass. teacher pleads to child porn charges
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A disciplinary hearing is being conducted by the Boston City Council today during which Chuck Turner, who has represented Roxbury, is expected to be ousted.

Last month, Turner was convicted in federal court of attempted extortion and providing false statements to FBI agents. The dramatic trial featured a video , testimony and cross-examination of the Councilor, and a shouting confrontation between the U.S. Attorney and a key government witness. Prosecutors had alleged that Turner accepted money to help Ronald Wilburn, a Boston business man cooperating with the FBI, to get a liquor license. Turner is to be sentenced on January 25, and prosecutors haven’t disclosed what they will recommend. In the meantime, the City Council could expel Turner by a 2/3 vote at today’s disciplinary hearing. Six councilors have already stated that they will vote for removal, and 8 will be enough for expulsion. If it goes through, the expulsion will be effective Friday.

This is a high-profile example of how a criminal conviction can wreak havoc on a person’s future and reputation. Although Turner worked in public service for more than a decade, he could now suffer the humiliation of being the first member removed from office in the 100-year history of the City Council. Under state law, the conviction will force him to forfeit his city pension. If expelled, he could also lose his biweekly paycheck. This will all be in addition to his ultimate sentence, which could be up to 20 years for the extortion charge and up to 5 years each for the false statement charges.

If you have been charged with a crime, you need to hire an excellent defense attorney to protect not only your liberty but also your name, career and future.

Sources:

The Boston Globe: Turner’s City Council career expected to end later today

The Boston Globe: Boston Councilor Chuck Turner convicted on all counts in corruption case
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Sometimes it is tough to know what to believe in. This supposedly daily Boston-based criminal law blog has been posted only three times a week the past few weeks. Politicians are being indicted and convicted for white collar crimes. And now, Matthew J. Amorello, the former chairman of the Massachusetts Turnpike Authority, admits to drunken driving resulting in the August crash, allegedly passed out during booking and then disappearing for a day or so from the face of the Earth. And what about the criminal justice system itself? Does it give Mr. Amorello (hereinafter, the “Defendant”) special treatment?

Many will be complaining that he did get special treatment.

After all, upon his admission, he was merely ordered to give up his license for 45 days, attend alcohol awareness classes, and pay more than $500 in fines. In fact, the judge did not even impose a guilty finding!

The Defendant admitted, “Simply stated, I made a horrible mistake. Today I took responsibility for my actions.” Speaking of the ordeal, he further stated, “I want to close this chapter of my life and start moving forward and will do that with the love and support of my family, my friends. It’s been a difficult time and it’s time to get up and dust myself off and get back to being Matt Amorello.”
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