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Joseph Cummings, 51, allegedly killed his pregnant girlfriend, 35-year-old Kimberly Nguyen, her sister, and himself over the baby’s last name. The two shared a home on Ledge Road in Lynnfield. Allegedly they got into an argument in their bedroom because she wanted to hyphenate the name and he did not. Nguyen’s sister, 29-year-old Lilly J. Nguyen, apparently heard the gunshots and jumped out of a second story window in another bedroom. It is alleged that Cummings fatally shot her from the window as she lay on the lawn and then killed himself.
Kimberly Nguyen’s 12-year-old daughter hid in another room and ran to a neighbor’s house after she heard the last gun shot.

Residents were shocked by the incident as were customers of Nguyen’s East Boston nail salon. One customer told the Boston Globe that she had attended the couple’s baby shower on Friday and that the two seemed to be happy.

A medical examiner is determining whether Cummings had drugs or alcohol in his system. He was not licensed to carry a firearm. Lynnfield police said that they had never been called to the residence for domestic issues before and that there is no record Nguyen filing any restraining orders against Cummings. Cummings did have two restraining orders against him in 1998 and 2000, however.

So far this year, there have been 28 domestic violence homicides in Massachusetts. Domestic violence is a serious problem in Massachusetts and throughout the country, and if you have been arrested for domestic violence, you need an experienced defense attorney on your side. When a person reports domestic violence to police, it doesn’t matter whether or not they want to press charges against you.

Source: The Boston Globe, Police say Lynnfield killings were over baby name
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Nine years after the death of former federal intern Chandra Levy, Ingmar Guandique has been found guilty of two counts of first-degree murder. It took the jury 3 ½ days of deliberations to reach its verdict.

Although prosecutors had originally charged Guandique with nine criminal counts, including first-degree murder, attempted assault and battery, attempted kidnapping, making threats against a witness, and obstruction of justice, all charges except for the two counts of first-degree murder had been dropped by the time jury deliberations began. Charges weren’t filed against Guandique until almost seven years after Levy’s disappearance while jogging in Rock Creek Park on May 1, 2001.

At the time that she went missing, Levy was having an affair with Gary A. Condit, a married congressman, who became the initial suspect in her disappearance. It wasn’t until a year after she was last seen that a man walking his dog through the park found her skull.

Although police did not have any forensic evidence, they eventually charged Guandique, who was already serving time for assaulting two other women, with her murder. Prosecutors based their criminal case against him on statements made by a former cellmate of is who said that in 2006 the 29-year-old admitted to killing Levy and on the fact that Guandique had previously attacked the other women at the same park where Levy had disappeared.

The defense, however, argued that no forensic evidence existed to link Guandique to the crime scene because he did not commit the crime. Another cellmate who testified during his murder case said that Guandique never spoke Levy’s name.

Jury Convicts Ingmar Guandique in Chandra Levy’s Murder, ABC News, November 22, 2010
Jury Convicts Ingmar Guandique in Chandra Levy’s Murder, Washington Post, November 22, 2010

Related Web Resources:
Chandra Levy Murder Trial Begins, Boston Criminal Lawyer Blog
Timeline: Chandra Levy Case, ABC News Continue reading

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It did not happen in Boston.. This time. But similar things have happened here. After all, there are often consequences to drug use…whether or not the drug involved is actually illegal.

Marillis Santiago, 22, of Hartford, Conn.(hereinafter, the “Defendant”) has had a rather bad weekend. The local police say that while her 2-year-old son was toddling around, she was smoking marijuana at the kitchen table.

She apparently did not notice that he was playing around the open window (sans screen of course) of the third floor apartment.

I suppose you can guess what happened.

The child thankfully survived the resulting fall, but suffered a bruised liver, a fracture to his right arm and facial lacerations.
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Carmen Picardi, a 39-year-old Everett man, pleaded not guilty today to charges of mayhem and armed assault with intent to murder. He was arraigned in Boston Municipal Court and held on $75,000 cash bail.

It is alleged that Picardi attacked a woman with a baseball bat in Boston on Halloween. It is also alleged that he was dressed as a member of a fictional gang from the 1970s movie “The Warriors,” a cult classic about New York City gangs seeking out members of the Warriors after they are falsely accused of killing a gang leader. The person who attacked the woman was allegedly wearing face paint, a wig, and a baseball uniform while he hit the woman with a Louisville Slugger. The woman was badly injured and needed 50 staples.

Images from surveillance cameras were collected by police, which led them to Picardi. Picardi was arrested on Friday in his home on Highland Ave.

The anonymity of Halloween always invites crime. On the facts of this story, it is very unclear what led police to Picardi given the fact that the attacker was in full costume, and it seems that identity will be an issue in this case. At any rate, mayhem and armed assault with intent to murder are two violent felonies. They carry severe punishments and are taken very seriously by prosecuting attorneys. As far as mayhem goes, a defense lawyer will usually try to raise doubt about intent to disfigure as this can be hard to prove. Assault with intent to murder can also be difficult to prove because of a specific intent element. A criminal defense attorney can make a world of a difference in these kinds of cases.

Source: The Boston Globe, Everett man charged with attacking woman on Halloween with baseball bat.
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A 26-year-old man from Roslindale has been charged with vehicular manslaughter and driving while intoxicated. The Boston Globe reported that Patrick Smith, a New Jersey man, was driving along the Major Deegan Expressway in New York City when he collided with a vehicle driven by Pablo Ovalles, who was driving north in a southbound lane. Smith was pronounced dead, and Ovalles is being hospitalized.

Source: The Boston Globe, Roslindale man charged in fatal crash

The potential consequences of drunk driving are serious everywhere. If this man had been charged in Massachusetts, then not only would he be facing jail time, but he would also be facing loss or suspension of his license, large fines, and much more. At Altman & Altman, we’ve successfully defended clients in countless drunk-driving cases.

If this man’s vehicular manslaughter charge had been a Massachusetts one, then the issue of whether he’d be looking at a felony or misdemeanor would depend on the circumstances. In Massachusetts, vehicular homicide is a felony where the driving was both negligent/reckless and the defendant was drunk. It’s a misdemeanor where the defendant was either reckless/negligent or drunk.
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Hans Johnson, a 20-year-old Attleboro man, has been charged with conspiracy to commit home invasion. He was scheduled to be arraigned in Attleboro District Court today.
The arrest was made in connection with the June 23 beating and shooting death of 24-year-old Dylan Adams.

Johnson is the third person charged in connection with Adams’ death. Jose Polanco was charged with murder, home invasion, and armed robbery earlier this week, and Craig Fleetwood was charged with conspiracy to commit home invasion. Both Fleetwood and Polanco are from Providence, Rhode Island, and officials expect to seek to the men returned to the Commonwealth.

When facing any kind of conspiracy charge, having an experienced lawyer working for you can be a great advantage. First of all, statements from co-conspirators can be used against the defendant and frequently, hearsay rules that are meant to protect the defendant won’t be applicable. Secondly, the defendant will be considered as having adopted his co-conspirators’ actions. This even includes co-conspirator acts taken before the defendant entered the conspiracy. These unique aspects of conspiracy charges make it crucial to hire an outstanding lawyer.

Since Johnson has been charged with conspiracy to commit home invasion, he is looking at up to 20 years in prison. This is because where the punishment for the underlying crime is 20 years to life, the highest punishment for a conspiracy to commit that crime is 20 years.

Source: The Boston Globe, Third man charged in June home invasion in Mass.
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Bristol County prosecutors announced today that John Loflin has been charged with the 2002 murder of Marlene Rose, whose body was found on New Bedford railroad tracks. Rose had been strangled.

Until today, no one had been charged in connection with Rose’s death, but forensic science and new evidence have allegedly connected Loflin to her death.

A spokesperson for Bristol County District Attorney C. Samuel Sutter told the Boston Globe that since Sutter took office in 2007, this is the 10th time that his cold case unit has generated an arrest for an unsolved homicide.

This news raises a few criminal defense issues. First, since this case involves forensic evidence, it is important that Loflin find an attorney with the right experts. This can be especially critical, and our attorneys at Altman & Altman LLP have a network of excellent experts. As a related point, given popular television shows about forensic science, things like DNA, fingerprints, and other forensics are often given a lot of weight by juries. These kinds of television shows distort reality in some ways, and many people tend to think that forensic evidence is the sole deal breaker/maker. Our excellent trial lawyers have many years of experience successfully dealing with this phenomenon. Finally, cold cases can present unique challenges, such as locating witnesses, that one of our experienced defense attorneys can help you with doing.

Source: Bristol prosecutors charge man with murdering woman in New Bedford in 2002
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Stephen L. Foster, a 36-year-old Lynn man who escaped from a halfway house in Manchester, turned himself into authorities Sunday afternoon. Foster returned to the Calumet Transitional Housing Unit in New Hampshire around 3:30 p.m. He was discovered missing during a routine inspection around 2 a.m. on Sunday.

Foster is being held at the New Hampshire State Prison in Concord. A spokesperson for the New Hampshire Department of Corrections told the Boston Globe that it is likely that Foster will be charged with escaping. He could be facing 3 ½ to 7 years for the escape. Since the facility was a halfway house, the spokesperson said that inmates can leave with permission for things like job interviews.

Foster was originally sentenced to 5-10 years at the Merrimack County Superior Court for armed robbery. His maximum release date was December 14, so it is unclear why he escaped.
When a person tries to escape from a penal institution, the consequences are serious and speaking with a defense attorney right away is advisable. Not only could the looming charges be devastating for Foster, but if there was anyone who helped him to escape, they could be held criminally responsible as well.

Although it was not a good idea for Foster to escape in the first place, the fact that he turned himself in so quickly will likely work in his favor. A sentencing judge will like look at him more favorably since he came back on his own accord and the Commonwealth didn’t have to use up valuable time and resources tracking him down.


Source: The Boston Globe, Prison escapee from Lynn returned to NH prison
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Two were left dead and two are injured after a shooting in a Jamaica Plan restaurant Sunday night. It happened around 7:30 p.m. at the Sam Old Place on Centre Street. Mario Bailote, the 40-year-old manager of the Restaurant, said that a man came into the pizza place and began to argue with some patrons. The argument escalated into a fistfight and one man pulled out a gun and started shooting. No employees were injured, and police arrived minutes later.

Police arrested one of the deceased on gun charges after the shooting. They are trying to confirm identification information with relatives. Police now have a suspect in custody at a local hospital, but the suspect’s identity is not immediately available.

Some residents of the trendy area have been surprised the events.

Among other things, this suspect is going to be facing serious homicide charges, probably murder charges, and it is in his best interest to speak with an experienced criminal defense lawyer who can help him. If there is no question about his/her identity, then depending on the unclear circumstances, the defense will try to focus on things like intent, excuses or justifications, negligence and other factors going to the level of culpability. Defenses to homicide charges are complicated, and having a defense lawyer at the beginning stages is crucial.

Source: The Boston Globe, Two dead after weekend shooting in Jamaica Plain restaurant
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The person who was found dead in Milton last week has been identified as a 16-year-old from North Carolina. The teen had disappeared from his father’s North Carolina home, and his father had reported him missing hours before his body was found badly mutilated.

The teen’s paternal aunt told the Boston Globe that the family already knew that he had been killed. She said that the family is trying to figure out who killed the boy and why. A spokesperson for the Norfolk District Attorney’s office told the Globe that the investigation is ongoing.

Whoever is ultimately charged in connection with this teenager’s death will need an excellent criminal defense lawyer on his side. He or she will be looking at serious felony charges possibly including murder, kidnapping and more. The DA prosecuting the case will work aggressively because this has received a great deal of media attention and was one of the more gruesome of recent crimes.

Additionally, the body was found in an upscale suburban neighborhood which generally leads to panic. When crimes start extending beyond the inner city, people start to pay attention. They become unnerved because they begin to feel that “no one is safe,” and law enforcement and prosecutors tend to turn up the heat.

Source: The Boston Globe, Body found in Milton identified as that of missing North Carolina teenager
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