Boston Criminal Lawyer Blog
Just a Police Cuffs
Malden Man Faces Child Pornography Charges
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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Body Found in a Car in Roslindale; Police Suspect Drugs as Motivation
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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Attorney Sam’s Take: Burglary, Sexual Molestation And White Collar Crime-What Does A Massachusetts Verdict Mean?
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 Arrested in Connection with Alleged Dorchester Cocaine Ring
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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Billerica Man, a Former Teacher, Pleads Guilty to Federal Child Porn Charges
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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Turner Likely to Be Expelled from Office Today
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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Attorney Sam’s Take: Matthew J. Amorello Admits To Drunk Driving And Leaving The Scene Of An Accident. Was The Court And Prosecution Too Lenient?
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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Police Looking for Suspect in Boston Church Break-Ins
In response to a recent wave of church break-ins, Boston police are sending officers to churches around the city to gather information and give security-related advice. Roxbury’s Mission Church, formally named the Basilica of Our Lady of Perpetual Help, was broken into twice last month, and police think that the same suspect is also responsible for other thefts reported on November 22 and November 29.
A surveillance video released by police shows the most recent break-in. According to the Boston Globe, it captures a man forcing his way into a locked area of the church and leaving with a “gold object.”
St. Anthony Shrine, a Catholic church on Arch St. in Downtown Crossing, was broken into on November 17. There was damage to the property including a shattered window, but nothing of value was taken because, the executive director of the shrine thinks, the two donation boxes had been emptied earlier in the afternoon.
The person who is charged in connection with these church break-ins, or any one of the break-ins, will be facing some potentially severe punishments for burglary and other crimes. Here, it does not matter that the churches are not “dwellings” in the traditional sense (i.e. places where a person sleeps regularly)because Massachusetts has made statutory modifications to the definition of burglary and it includes breaking and entering into any building at any time with intent to commit a felony.
Even though nothing of value was taken from the St. Anthony Shrine, it doesn’t matter because a felony doesn’t have to be committed as long as it is proven that the defendant intended to commit a felony.
Burglary is punishable by up to 20 years if the defendant was not armed and didn’t make an assault. If you have been charged with burglary, call a defense lawyer right away.
Sources:
The Boston Globe, Boston police seek suspect in several Boston church break-ins
The Boston Globe: St. Anthony Shrine damaged during break-in
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Woburn Superior Court Trial of Ex-Wellesley College Student Accused of Stabbing Her Ex-Boyfriend to Resume
The Massachusetts criminal trial of Anna Tang, an ex-Wellesley College student accused of stabbing her ex-boyfriend seven times, is scheduled to resume tomorrow. The 5-month delay occurred after a psychiatrist, who is a prosecution expert, revised her findings about whether or not Tang was legally insane when she assaulted Wolfe Styke in his MIT dorm in 2007. Tang was charged with Massachusetts armed assault with intent to murder and home invasion.
The psychiatrist, Dr. Allison Fife, had initially been in agreement with other defense experts that Tang could not be held criminally responsible for her actions during the attack because not only was the defendant’s state such that she unable to grasp the scope of wrongfulness of her actions, but also she had been incapable of acting in a manner that adhered to the law. Tang, who has admitted to stabbing Styke, maintains that she had been suffering from bipolar disorder and depression and was legally insane at the time.
According to The Tech, MIT’s newspaper, Tang’s decision to waive her right to a jury trial and seek a bench trial came after Fife made known her initial findings. After Fife changed her mind during the trial, Tang’s Boston criminal defense lawyer requested the delay. Tang’s defense team has alleged that Fife changed her opinion on the trial’s “last day” after having “extensive contact” with Styke’s mom.
Tang’s bench trial is taking place before Judge Bruce Henry who will issue a verdict.
Massachusetts College Campus Crimes
As a college student, having a criminal record can irrevocably alter your future. This is why it is important that you seek experienced Boston criminal defense representation to help you combat the charges.
Examples of Common Massachusetts College Campus Crimes:
• Underage drinking • Drug charges • OUI • Sexual assault • Physical assault • Rape • Cyber crimes • Vandalism • Larceny • Stalking • Shoplifting
Trial to resume for woman charged in MIT stabbing, Boston.com, November 30, 2010
Tang trial starts: Styke testifies, The Tech, June 11, 2010
Related Web Resources:
Read the Criminal Complaint (PDF)
