Boston Criminal Lawyer Blog

December 1, 2010

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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November 30, 2010

Woburn Superior Court Trial of Ex-Wellesley College Student Accused of Stabbing Her Ex-Boyfriend to Resume

by Altman & Altman

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)

Massachusetts Institute of Technology
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November 30, 2010

Two Arraigned Today After 200-pound Cocaine Bust in Revere

by Altman & Altman

After a drug bust in Revere last night during which 200 pounds of cocaine were seized, Gilberto Cruz Padilla, 24, and Rafael Jesus Montero, 22, were arrested. Today, Judge Dunbar Livingston set their bail at $5 million cash at their arraignment in Chelsea District Court.

It is alleged that the two men unloaded 60 pounds of cocaine from a tractor trailer on Railroad Street while local, state and federal law enforcement watched. At the arraignment today, Assistant District Attorney John Lacey alleged that the two were part of a sophisticated drug organization that planned to sell 200 pounds of cocaine in the Boston area.

The ADA said that Immigration and Customs Enforcement discovered the cocaine in the trailer several days ago at the Mexican border, and an undercover agent was paid $50,000 to drop the truck off on Railroad Street. The truck was kept under surveillance until the two men allegedly came to take the cocaine out of the trailer and stash it in a nearby car. According to the ADA, the men unloaded 30 kilos before the arrest was made.

Padilla is an American citizen who had been living in Tijuana and staying at the Ramada Inn in Dorchester, and Montero is a native of the Dominican Republic who was in the United States illegally for the second time, according to authorities. Both men pleaded not guilty to drug trafficking more than 200 grams today. In addition to being held on the bail, Montero is being held on alleged immigration violations.

These two men are looking at 15 to 20 years in state prison if they are convicted under Massachusetts General Laws Chapter 94C Section 32E. The 15 year mandatory minimum will have to be served before parole will be a possibility. When a federal agency is involved, as ICE was here, defending against a drug trafficking charge can become more difficult because federal agencies have a great deal of resources. Therefore, these two men will need attorneys with resources, skill and experience.

Source: The Boston Globe, Bail set at $5 million cash for suspects in 200-pound Revere cocaine bust
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November 29, 2010

Judge to Set Wilkerson’s Sentencing Date This Week

by Altman & Altman

Former Massachusetts state senator Dianne Wilkerson is expected to receive her sentence date this week. Wilkerson pleaded guilty in June to eight counts of attempted extortion after she was caught on tape stuffing bribe money into her shirt and accused of taking $23,500 in bribes. She allegedly took eight cash payments from undercover FBI agents and a witness cooperating with the FBI in 2007 and 2008.

Prosecutors told the Boston Globe that they plan to ask for a four-year sentence, while Wilkerson’s lawyers have said that they plan to ask for less than the three years and two months suggested as the minimum in federal sentencing guidelines. They hope that the judge considers Wilkerson’s years of public service. The case’s status conference was scheduled for today by U.S. District Judge Douglas Woodluck.

When the judge ultimately determines Wilkerson’s sentence, he will likely consider her years of public service as her defense counsel hopes because 18 U.S.C. § 3553 requires judges to consider the history and characteristics of the defendant as well as the nature of the offense, the kinds of sentences available, the applicable sentencing range, and the need to avoid unwarranted sentence differences between defendants with similar records who’ve been found guilty of similar offenses. However, Wilkerson’s lawyers’ hope for a sentence less than the suggested minimum might be difficult to realize because statistically judges follow the sentencing guidelines(or depart from them at the request of prosecutors) in 85% of cases.

There are several possible reasons why judges follow these guidelines in such a substantial amount of cases. First of all, from 1987 through 2005 the “guidelines” were not really guidelines at all and were mandatory. The purpose was uniformity, but the problem was, among other things, inflexibility. In 2005, the United States Supreme Court held that mandatory guidelines violate the 6th Amendment, and now they are simply advisory. Nevertheless, a potential reason why judges follow them so often is that most of them were appointed since 1987 and have known nothing else. Secondly, judges might fear reversal. Finally, they might fear that if they depart from the guidelines, Congress might cabin their discretion even more than before. In light of all of this, it will be interesting to see whether the judge departs from the suggested minimum at the request of Wilkerson’s defense lawyers.

Sources: The Boston Globe, Judge to set Wilkerson’s sentencing date; The Boston Globe, Wilkerson admits she took $23,500
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November 29, 2010

Chelsea Man Arrested in Fatal Stabbing; Police Investigate Another Chelsea Homicide

by Altman & Altman

Dennis Bowen, a 22-year-old Chelsea man, will be arraigned today in Chelsea District Court on charges that he fatally stabbed Carlos Ramirez, a 30-year-old Chelsea man, on Thanksgiving. State police arrested Bowen on Saturday night. Bowen had turned himself in to police after a Chelsea District Court judge issued a warrant for his arrest.

It is alleged that Bowen stabbed Ramirez in the chest outside of 759 Broadway in Chelsea a little bit before 11 a.m. on Thursday. Chelsea Police Captain Keith Houghton told the Boston Globe that several people witnessed the incident and that the stabbing followed an altercation that the police are investigating. State police are looking into the relationship between Bowen and Ramirez as a “key element.” Ramirez was well-known to police and Bowen has a “very limited” record, according to Houghton.

Authorities are also investigating Friday’s discovery of a body in an apartment on Bellingham Street in Chelsea. The owner of the building found the body in the hallway of his first- floor apartment after an employee was unable to get into the apartment for a scheduled cleaning. The victim’s name and cause of death have not been released, but police are conducting a homicide investigation.

Defenses to murder charges are extremely involved and, probably more than any other crime, require the skill of an expert criminal defense lawyer. Here, the alleged altercation will be important (more so if identity isn’t the issue) because it could raise self defense issues or questions about reasonable provocation. The fact the Ramirez was well-known to police could play into the issue of whether Ramirez was the first aggressor or whether a defendant reasonably believed that his life was in danger, but a defendant must always be careful about door opening.

Source: The Boston Globe, Man arrested in Thanksgiving day fatal stabbing as police investigate another homicide
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November 29, 2010

Attorney Sam’s Take: Massachusetts Driver With Three Revoked Licenses Is Arrested For OUI And Other Criminal Charges

by Altman & Altman

Today’s tale takes us to the town of Quincy, where a local gentleman is having issues with the criminal justice system. His issues surround his driving license. You see, it had been revoked three times. Now, he faces a plethora of criminal charges, including Operating Under The Influence.The gentleman, Rony S. Santos-Cruz, 24, (hereinafter, the “Defendant”) has entered a not guilty plea in Quincy District Court and posted $1,000 cash bail to regain his freedom in his latest crash into the judicial system.

According to Assistant District Attorney Erin McFarland of Quincy, the Defendant, while under the influence, struck four vehicles. Oh, and he was driving while his license was revoked. Again. She also explained during arraignment that the Defendant admitted to driving the blue Buick involved in the accidents, and that the vehicle he was driving had severe front end damage, including a blown tire and several dents and scratches.

Apparently, when asked where he was going and where he had come from, the Defendant answered , “home”.

I imagine it was simply a round trip to the parked cars and back.

Allegedly.
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November 26, 2010

Waltham Teen Pleads Not Guilty to Motor Vehicle Homicide

by Altman & Altman

Philip Wuonola, a 19-year-old Waltham man, pleaded not guilty on Wednesday to motor vehicle homicide charges arising from a May crash that killed a 9-year-old boy. It is alleged that Wuonola ran a stop sign when he was delivering pizza for Domino’s.

Wuonola was arraigned in Waltham District Court and was released on personal recognizance. The Middlesex District Attorney’s Office told the Boston Globe that Wuonola was driving a 2002 Mazda Protégé when it collided with a Jeep Grand Cherokee SUV at a Waltham intersection. The SUV was overturned from the impact and the 9-year-old, who was not wearing a seatbelt, was ejected and later pronounced dead at Newton Wellesley Hospital. The boy’s mother survived.

Wuonola’s attorney told the Globe that his client is traumatized and devastated by the death. The attorney also said that he will pursue the issue of whether the death was caused by the mother’s failure to use a seatbelt for the child or by the crash.

Although it is unclear from the article, this is may be a misdemeanor charge because there is no mention of the teen driver being under the influence or alcohol or drugs. If that is the case, then the maximum penalty that he would be facing is up to 2 1/2 years in jail or a house of correction or by a fine of at least $300 and up to $3,000, or both. To be convicted, the prosecutor will have to prove that Wuonola was operating the vehicle recklessly or negligently. It will be interesting to see how the attorney approaches this issue of the cause of the boy’s death. It is a smart and absolutely necessary issue to raise because the leading cause of death for children in accidents is lack of seatbelt use. The attorney will have to approach it with finesse and sensitivity if the case goes before a jury, though.

Source: The Boston Globe, Waltham man pleads not guilty to motor vehicle homicide charge
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November 26, 2010

Attorney Sam’s Take: Massachusetts Female Robbery Rate Is Up – Are Drugs The Reason?

by Altman & Altman

As we end our Thanksgiving celebration for 2010, the Boston Criminal Lawyer Blog brings you yet another reason to be grateful. We, as a society, have made another step forward in the cause of equality. This blog being what it is, of course, that stride involves the criminal justice system. More specifically, it is in the genre of Massachusetts robberies.

We break this “good” news with the story of Cheryl Fitzgerald (hereinafter, the “Defendant”), a young lady who, on September 22nd, is alleged to have entered the Hometown Bank in Webster wearing a New England Patriots cap and giving the teller a note stating “Give me the money. No dye packs.”

The Defendant was arrested on November 7th in Daytona Beach, Florida, and then extradited back to the Commonwealth. Finally, she was arraigned in Dudley District Court and ordered held on $5,000 bail. She stands charged with unarmed robbery and larceny over $250. Since the robbery was of a bank, she could also end up facing charges in federal court.

The investigating detective, Webster police detective and 17-year police veteran James T. Hoover, recognized this robbery as a breakthrough of sorts. He explained, “I have had 15 bank robberies in my career and that is my first woman…that (bank robbery) was our fourth one this year.”

But, a man of the times, Detective Hoover said that the fact that the suspect was a woman was not really much of a shock.
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November 24, 2010

Mattapan Murders Prompted by Drug Robbery, According to ADA

by Altman & Altman

Dwayne Moore was charged yesterday with four counts of murder and with assault with intent to murder in connection with the shooting executions of four people, including a toddler, in Mattapan. Kimani Washington, Moore’s alleged associate, has been charged with gun law violations, and it is unclear whether he will be charged with murder as well.

The incident occurred two months ago on Woolson Street. The city was shocked when two of the victims were found outside the home, the 2-year-old toddler in his partially-clothed mother’s arms. Assistant District Attorney Edmond Zabin told the Boston Globe that Moore and his associate raided a Sutton Street apartment for money, drugs, a television set, and other items. According to the ADA, Moore had lived there before and knew that he could find drugs there. The victims were held at gunpoint and then marched around the corner where they were shot multiple times, the ADA said. These shootings are part of the spike in violence that has caused politicians, police, residents, and others a great deal of fear and frustration.

Police learned about Moore from an unidentified witness. Moore pleaded not guilty in Dorchester District Court yesterday and is being held without bail. Moore was previously convicted of manslaughter and had been released from prison in the spring. After his arrest on Monday, he told police “I can’t go back to jail. You’re going to have to kill me.” the Globe reported.

There is no death penalty in Massachusetts, but Moore is certainly facing the maximum sentence that the law of our Commonwealth allows. Given the brutality of this execution, the publicity it has received and the outrage that it has sparked, it is clear that Moore needs an excellent defense attorney with extensive experience.

Source: The Boston Globe, Murder of four in Mattapan grew out of a drug robbery, prosecutors say
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November 24, 2010

Teen Escapes Attempted Adbuction in Falmouth

by Altman & Altman

Authorities said that a 14-year-old Falmouth girl escaped from an attempted abduction yesterday. According to the Boston Globe, she was walking from her bus stop in the afternoon when two men in a white pickup truck approached her and attempted to force her into the truck. The girl escaped by biting the man’s arm, and the two men were spotted fleeing north on East Falmouth highway.

When people think of child kidnappings, they usually think of situations like this one involving strangers. The majority of child kidnappings, however, are committed by family members. Under Massachusetts law, kidnapping is a felony that usually involves prison time and fees. It is punishable by up to 10 years in the state prison. Since this was an attempt to commit a crime punishable by more than 5 years in the state prison, the penalty here could reach up to 5 years in the state prison.

The motive for kidnappings by strangers is typically to subject the victim to some further criminal act, such as rape, sexual assault or sex slavery, or murder. Recently, an increasing amount of kidnappings are being committed to force children into prostitution.

Sometimes kidnappings are for the purpose of extorting money or holding the victim for ransom. In Massachusetts, when the purpose of the kidnapping is extortion, it is punishable by up to life in prison.

Source: The Boston Globe, Girl escaped abduction in Falmouth, police say
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