Boston Criminal Lawyer Blog

October 31, 2010

Trial Scheduled for Teen Charged with Statutory Rape in Connection with Phoebe Prince Massachusetts Bully Case

The Massachusetts sexual crime case against Austin Renaud, one of the ex-South Hadley High School students charged with statutory rape in the Phoebe Prince suicide-bullying case, is scheduled go to trial next year. The 18-year-old has been charged as an adult. He has pleaded not guilty to the rape charge.

Renaud is accused of having sexual contact with Prince, the South Hadley High School freshman who killed herself in January. However, according to his criminal defense attorney, Renaud considered Prince a friend and had even cut ties with his ex-girlfriend and the others who are accused of bullying her.

According to prosecutors, the girls accused of bullying Prince resented Prince’s relationships with Renaud and Sean Mulveyhill, then 17, who has also been charged with statutory rape against Prince. Four other teens face Massachusetts criminal charges related to Prince’s suicide. The teens are accused of bullying Prince in person and online.

If Renaud is convicted of statutory rape, he could go to prison for life. He and the other five teens have been suspended indefinitely from their high school.

The crime of Massachusetts statutory rape is a serious offense that involves sexual intercourse or unnatural intercourse with a person under age 16. Even if a defendant didn’t know that the person was that young, he/she can still be convicted of Massachusetts statutory rape.

Trial date slated in bullying case, MassLive, October 27, 2010
Teen charged in Mass. bullying case heads to trial, Washington Post, October 26, 2010
Life a struggle for six teens accused in Phoebe Prince case, IrishCentral, October 14, 2010

Related Web Resources:
Phoebe Prince Timeline

Massachusetts Law About Sex
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October 28, 2010

Massachusetts Carjacking Leads To Gun And Assault Charges

by Altman & Altman

Perhaps it is my fault. Maybe I have been concentrating on tales of police investigations into crimes like murder, robbery and assault, that I have neglected to remind you that the “self-help” approach is seldom applauded in criminal justice.

I know that this may be counter-intuitive for many of you, but if an unknown gentleman climbs through your window at night and, after noticing you, suddenly freezes and says, “Oh [expletive]!”, you do not have the right to simply pick up your trusty bazooka and simply wipe him off the face of the Earth.

Let’s take a specific example. Jose C., a Lawrence gentleman (hereinafter, the “Defendant”), was leaving a friend’s house on Monday when he was accosted.

He was approached by two men with weapons who demanded that he give them money.

The Defendant explained that he had no money to give them.

The men apparently took the news in stride; they stole his car instead.
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October 27, 2010

Chelsea Man Pleads Not Guilty to Massachusetts Murder Charge in Deadly Brawl

by Altman & Altman

In Lynn District Court, Fernando Aristy, a 24-year-old Chelsea man, has pleaded not guilty to the charges of Massachusetts murder, assault and battery with a dangerous weapon, and assault to murder. Aristy is accused of injuring 34-year-old Peabody resident Chad McDonald so severely during a fight earlier this month that the latter never recovered.

However, according to Aristy’s Massachusetts criminal defense lawyer, the Chelsea man had been acting in self-defense. Witnesses have reported at one point during the dispute seeing McDonald pull out a screwdriver that they mistook as a knife. They also say that he started the fight.

Aristy and McDonald had reportedly argued a week before the deadly brawl about a parking disagreement. During the fight, Aristy allegedly struck McDonald with a 2-by-4 piece of wood and then later fled the scene.

According to The Salem News, following the fight McDonald seemed unaware that he had sustained severe head injuries. He returned to the business where he worked and was living temporarily. A friend came to check on him after he failed to show up for a yard sale and that was when he was transported to the hospital.

Aristy turned himself over to Lynn police earlier this week.

Man held in death of a local father, 34, Salem News, October 27, 2010
Lynn man pleads not guilty to murder charge after fight, Boston.com, October 27, 2010

October 26, 2010

Boston Police Investigate Yet Another Murder, Bringing Weekly Shooting Body Count To Seven As Of Monday (CJS Perspectives – Part II)

by Altman & Altman

The news has gotten even worse. Hours after law enforcement announced that a second person shot during this weekend’s shootings had died, there was yet another fatal shooting in Boston.

This shooting victim was a 30-year-old man who was shot on Geneva Avenue in Dorchester at approximately 8 p.m. He was pronounced dead at Boston Medical Center.

Police are investigating a possible gang or drug connection and looking for a black Cadillac Escalade seen leaving the scene shortly after the shooting. Ruiz did not name or describe any possible suspects, saying that the driver of the Cadillac was only wanted for questioning.

And so, with bodies piling up, law enforcement continues its investigation(s). There are a number of leads. Some will turn out helpful and lead to the factually guilty. Others will inevitably not be so helpful (in terms of Justice) and lead to the innocent.

Perhaps they will lead to you or somebody you care about.
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October 25, 2010

Boston Police Officers Investigate Weekend Shootings And Homicide …Again (CJS Perspectives -Part I.)

by Altman & Altman

How many of you thought that the Boston police and probation officers were over-reacting when you read my blog last week about their “late night calls” on probationers? As you may recall, it was in response to the rise of the homicide rate. Well, it would appear that these late night visits have not made that big a difference quite yet.

We have had another one of those “record weekends” in terms of shooting deaths this past weekend. Police are still investigating the shootings in the three Boston neighborhoods to find those responsible.

Yes, that means high profile arrests. Yes, that means you had better be careful, lest the finger of accusation make its way to your door.

Speaking about the shootings, these left one woman dead and five men wounded, Commissioner Edwin F. Davis has said that there are some “promising leads” already. He further added that, “It was a very unusual day to have that many incidents occur, We have noted spikes in this kind of activity before, and unfortunately, we’re experiencing one again this weekend.”

Yes, accent on the word “again”…not so much on the word “unusual”. This is not even the first time we have had such a weekend this year.
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October 24, 2010

Chandra Levy Murder Trial Begins

by Altman & Altman

With jury members now selected, opening statements are scheduled to begin in the Chandry Levy murder trial on Monday. The 24-year-old woman was murdered in 2001 after she was attacked while jogging in a park. Her body was found over a year later.

At the time of her disappearance, Levy was the end of her federal internship at the U.S. Bureau of Prisons. The focus of the police investigation was originally directed at Gary A. Condit, a former congressman who had been her married lover. Condit was never charged.

The man who is on trial for Levy’s murder is Ingmar Guandique, a member of the Salvadorean gang Mara Salvatrucha. Guandique was sentenced in 2002 for attacking two other women at the same park where he allegedly attacked Levy. Officials claim that while Guandique was serving time for those crimes he told other inmates that he had murdered the intern.

According to The Washington Post, prosecutors are largely basing their murder case on this alleged confession. His former inmates say that Guandique told them told he raped and killed Levy. Authorities say that Guandique had a magazine photo of Levy in his jail cell. Prosecutors may also try to prove that his prior assaults and the Levy killing exhibit a pattern of behavior.

Meantime, Guandique maintains that he is innocent of Levy’s murder. In 2002, Guandique did not fail a polygraph test when he was questioned about whether he had any information about Levy’s disappearance. After the polygraph, the lead prosecutor on Guandique’s assault case told a judge that there was “no suggestion” that Guandique played a role in the Levy killing. Also, Guandique’s defense team have questioned the police investigation, including a memo that cleared Guandique and another man of any match in fingerprints found on a vehicle that was parked close to the crime scene.

There are no eyewitnesses or evidence linking Guandique to the murder.

Police errors expected to figure prominently in Levy trial, The Washington Post, October 24, 2010
Trial may start Monday in Chandra Levy murder case, CNN, October 23, 2010

Related Web Resources:
Chandra Levy mystery: A timeline, USA Today, May 22, 2002
General Laws, Malegislature.gov Continue reading

October 22, 2010

Attorney Sam’s Take: “But, Officer, It Was Not My Intent To Assault Him (That Badly)!”

by Altman & Altman

You may have noticed that many Massachusetts crimes are ones in which the defendant had to have had the pre-requisite intent to commit the crime. The element of intent is not, however, necessary for all criminal acts.

For example, let’s say that I had a really bad day today and so, it being Friday and all, I decided to go down to my favorite watering hole and down an alcoholic beverage or five of my choosing. I then made the colossal mistake of trying to drive home. There is an accident and I hit another vehicle and kill them. This is what is known as vehicular homicide.

True, I did have a few drinks, but I certainly did not mean to hurt, much less kill, anybody. Further, I was certainly not in my right mind when I got behind the wheel. I was drunk.

So…what can I be guilty of…just drinking?

Of course not. The law presumes that we intend the natural result of our actions. It also holds that we accept a certain amount of risk under certain circumstances. When I went out to drink, I knew I would, or may, get drunk. Voluntary intoxication is not a defense to an act you commit simply because you were drunk. Therefore, I am guilty of drunk driving. By the same logic, I am also guilty of vehicular homicide.
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October 21, 2010

Massachusetts Federal Officers Investigate The White Collar Crime Of Counterfeiting

by Altman & Altman

As the Chuck Turner trial churns on, other white collar crimes are being investigated in the Commonwealth of Mass. The potential defendants include folks from all backgrounds…even the mentally impaired.

Let’s turn to the town of Lowell. On Tuesday, staff at a local bank suddenly became suspicious when they came upon a rather unusual bill.

What was strange was the amount of the bill. It was a $10,000 bill.

Unless the bearer of the bill (hereinafter, the “Bearer”) had been saving the bill for a very long time, it was clear that the bill was false. You see, it would appear that such bills were released in a very limited amount back in the 1930’s.

The bills are no longer in circulation.
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October 20, 2010

Federal White Collar Criminal Trial Exposes Inequality Between MA Prosecuting And Defending Attorneys

by Altman & Altman

Sometimes, criminal justice reality in the Boston area reveals itself, as if on cue, to demonstrate points made by this daily blog. Since Friday, I have been referring to the inequality between the resources of the prosecution and the defense. Another example has presented itself during the ongoing Chuck Turner federal trial for alleged white collar crimes.

As you know, Mr. Turner is on trial in a corruption matter which was related to that of Diane Wilkerson. Thankfully for the United States Attorney’s office, Ms. Wilkerson pleaded guilty. Mr. Turner, however, has insisted the prosecution prove him guilty beyond a reasonable doubt.

As I have pointed out in the past, the federal prosecutors rarely go to trial on a matter unless they have a strong chance of winning.

This one, however, may not go so well.

You see, their chief witness, Ronald Wilburn, has indicated that he now refuses to testify for the prosecution. Last week, there was a session in which he was questioned by the judge, but the results have not been revealed. When WBZ interviewed me last week, I explained that the potential loss of said witness would not necessarily derail the prosecution so long as they had someone else to authenticate the video tape of the alleged crime.
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October 20, 2010

Beverly Man Pleads Not Guilty to Massachusetts Drunk Driving and Child Endangerment in Car Crash that Injured His Toddler

by Altman & Altman

Dana Kessel, 40, has pleaded not guilty to the charges of Massachusetts child endangerment, third-offense drunken driving, and driving to endanger. The charges are related to a car crash that left his 2-year-old son with serious injuries. Kessel was arraigned in Salem District Court.

The Beverly resident crashed his minivan into a utility pole on Saturday. His son, who was with him at the time and not wearing a child safety restraint, flew into the dashboard. The little boy suffered internal bleeding and sustained a head wound.

According to police, Kessel, who failed several field sobriety tests and couldn’t remember his son’s name or age, was arrested. His blood alcohol content, which was tested at the police station, was over twice the legal limit.