Boston Criminal Lawyer Blog

November 30, 2010

Two Arraigned Today After 200-pound Cocaine Bust in Revere

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
Continue reading

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
Continue reading

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
Continue reading

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.
Continue reading

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
Continue reading

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.
Continue reading

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
Continue reading

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
Continue reading

November 24, 2010

Prosecutors Aim to Help Businesses and Deter Bad Checks as Holidays Approach

by Altman & Altman

Since it is the holiday season, Attorney General Martha Coakley is reminding consumers and businesses about Massachusetts laws regarding return policies and final sales, and prosecutors are focusing on fraud and bad checks.

District Attorney Daniel F. Conley is offering help to Suffolk County businesses (those located in Boston, Chelsea, Revere and Winthrop) to cover bad checks and get the offender credit counseling. The idea is that many bad check cases can be resolved without using the time and resources that criminal prosecutions require.

Conley’s plan is called the Bad Check Restitution Program, and its main goal is to get restitution for local businesses and simultaneously deter repeat offenders. Specifically, a mandatory intervention class (in addition to restitution) is available for first time bad check offenders. Such offenders will have to complete the class at their own expense.

In Massachusetts, writing a bad check is a crime called “larceny by check” where the person knew at the time he/she wrote the check that there were not sufficient funds in the bank to cover the check and he/she intended to defraud the bank or other party. If the value is $250 or less, it is a misdemeanor. If the value is more than $250, it’s a felony. Checks for more than $2,500 will not be eligible for Conley’s program, but there are no minimum dollar restrictions for eligibility.

Source: The Boston Globe, Prosecutors offer holiday shopping advice for consumers and businesses
Continue reading

November 24, 2010

Attorney Sam’s Take: Domestic Violence Turned Murder-Suicide In Lynnfield Was Over The Naming Of A Child

by Altman & Altman

William Shakespeare would have been puzzled with this one. As you have probably noticed, the news in the Boston area lately has been replete with shootings, murders and other varying assaults. Some are alleged drug-related. Others come from domestic violence matters.

Lynnfield, however, was the host of a murder-suicide this week over a name. You see, Joseph Cummings (hereinafter, “Alleged Shooter”) was excited in East Boston not so long ago. His girlfriend was pregnant and he was about to become a father.

He was a happy man.

Said happiness is said to have faded within the next two hours.

Authorities now say that Alleged Shooter, 51, then got into an argument with his 35-year-old girlfriend about the baby-to-come’s last name when he got home to Lynnfield.
Continue reading