Boston Criminal Lawyer Blog

April 17, 2010

John Odgren’s Massachusetts Murder Trial is Underway

The prosecution rests in John Odgren’s Massachusetts murder trial. The 19-year-old Princeton resident fatally stabbed 15-year-old James F. Alenson, fellow student at Lincoln-Sudbury Regional High School on January 19, 2007. Odgren, who was 16 at the time of the fatal stabbing, has pleaded not guilty by reason of insanity.

While Odgren doesn’t deny stabbing Alenson, who he didn’t know and just happened to encounter in a boys’ bathroom that day, his criminal defense team is arguing that he cannot be held criminally responsible for his actions because he isn’t sane enough. Odgren’s Massachusetts murder attorney called him a “geeky” bully magnet who was ‘psychotic’ and ‘delusional’ when he stabbed Alenson. One witness testified that on the day that the murder happened, Odgren had watched a violent video showing cartoon characters stabbing and shooting each other and that red blood blasted out of their injuries.

Odgren has a mild form of autism known as Asperger’s and suffers from depression. He also has developmental disabilities and is mentally ill. Bipolar disorder runs in the family. His mother has it. Four of his relatives ended up committing suicide.

Odgren randomly picked Alenson as his target on the day that he came to school with a butcher knife (a 12-inch knife with a near-8 inch blade). The 15-year-old freshman sustained multiple stab wounds, including wounds to the liver, lung, and heart, and defensive wounds. He died on the bathroom floor.

Jurors in Middlesex superior Court are tasked with deciding whether Odgren is guilty of murder or should be found not guilty due to lack of criminal responsibility. Prior to Alenson’s murder, Odgren had never been in trouble with the law. He was the one who was the target of ridicule and bullying by other kids.

Classmate: Odgren said ‘I’m not going to kill you’, Boston.com, April 14, 2010
Gruesome crime scene, painful death described in Odgren, Boston Herald, April 16, 2010
Prosecution Rests In Odgren Trial, WBZ, April 16, 2010
Related Web Resources:
Asperger’s Disorder

Bipolar Disorder, National Institute of Mental Health Continue reading

April 16, 2010

A Boston Criminal Defense Lawyer’s Take On Bullying, Criminal Charges And Credibility (Part One)

by Altman & Altman

Earlier this week, when I said ” Tomorrow: Back To Bullying!” in the Boston Criminal Lawyer Blog I had intended to be writing myself about the South Hadley Bullying/Indictments issue. Unfortunately, this week’s schedule made it impossible for me to do so…for a few days (sorry about that). In the meantime, though, it would appear that just about everybody else was covering for me.

In an article today, the Boston Globe puts the cap on the week’s coverage by declaring that “Witch hunts won’t bring Phoebe Prince back“.

The article went on to discuss how the local world has spent the week condemning South Hadley school administrators for the girl’s tragic suicide. Apparently, the Globe indicates that said “witch hunters” are passing such judgment without benefit of all the facts, going further to explain that, under the law, school officials are constrained in what they can say about students or the school’s actions.

Since I have spent some time over the past couple of years condemning witch hunts, the article caught my attention. Let me review some of the history of this matter for you.
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April 12, 2010

A Boston Criminal Defense Attorney’s Take On Choosing Your Trial Lawyer(Part Two)

by Altman & Altman

On Friday, the Boston Criminal Lawyer Blog began describing things to consider when deciding on a defense attorney who will bring your case to trial. When we left off, I had been addressing those defense lawyers who, perhaps in an effort to combat perceived arrogance from the prosecution, approach the jury with an air of superiority.

I have met clients who feel that this is a good thing. After all, who wants a timid advocate arguing it was their client who was the true victim and only whacked the deceased with a hammer 21 times in self-defense after the client was assaulted first?

Similarly, many clients feel they want to retain an attorney who’s very persona screams “LAWYER!!!”.

While that may be great for a non-jury case which must be decided primarily on the law, perhaps on search and seizure grounds, it is generally not the right approach for a jury trial.

Think about it. Jurors are random people chosen to judge your case. They do not know you. They are supposed to be your peers, so they probably react to many things in a similar manner to you. Do you tend to trust attorneys? How about if you were sitting in the jurors’ seats? You may well be a fanatic like Nancy Grace who seems to feel that innocent people do not get charged with crimes.

Are you most likely to trust someone who reminds you every time they open their mouths that they are a paid mouthpiece who is simply there to “get their client off”?
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April 9, 2010

A Boston Criminal Defense Attorney’s Take On Trial Counsel (Part One)

by Altman & Altman

The big day has arrived! It is your Constitutional right! You go on trial today! You just sat as the Boston prosecutor verbally toasted you on a stick in his opening statement. Now, you sit in anticipation as your lawyer approaches the jury panel.

He clears his throat. Always a crowd pleaser.

“Uh…..hi”, he tells them. “My name is Michael Mumbles and I represent…him.”

He gestures to you with his head, almost apologetically. It occurs to you that this was the same man who was pounding on his desk mere months ago, promising you a win and that he would “take no prisoners”.

“Just because they accuse my client of these things does not mean that he did them, you know”, he continues. He then launches into a monotone drone that focuses on legal terms and technicalities that would put even the most eager law student to sleep.

Something tells you you’re in trouble.
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April 8, 2010

Three Boys and Two Men Charged in Gang-Rape of 7-Year-Old

by Altman & Altman

Two adults and three underage teen boys have been charged in connection with the gang-rape of a 7-year-old girl. The alleged victim’s 15-year-old stepsister has been charged with aggravated assault, promoting prostitution, and other crimes related to the case.

According to police, the 7-year-old was worried about her stepsister’s safety and went with her to a party. The teen had sex with a number of men in exchange for payment and also charged them to touch the 7-year-old. Police say that the touching became forcible sex and that seven men ended up raping the young girl. The men are accused of threatening to kill the 7-year-old if she screamed or reported the incident.

Among those arrested are 20-year-old Gregory Joseph Leary and 19-year-old Timear Lewis. The others that were apprehended are ages 17, 14, and 13. All five of them were charged with child endangerment and aggravated sexual assault. Leary has also been charged with having sex with a juvenile (the 15-year-old) too young to consent. The assault allegedly took place on March 28.

Even though nearly everyone arrested are juveniles, prosecutors may attempt to try everyone as adults.

Massachusetts Sex Crimes
You could find yourself in big legal trouble if charged with a Boston sexual assault crime. A conviction can lead to years in prison and a lifetime on the Massachusetts Sex Offender Registry Board, which will brand you as a convicted sex offender. It can be difficult to move on even after you have already completed your sentence and other penalties.

Outrage Follows Arrests in Rape of 7-Year-Old New Jersey Girl, ABC News, April 4, 2010
Five Charged in N.J. Child Rape Case; Girl, 7, Allegedly Pimped by Teen Sister, CBS News, April 5, 2010
Six Arrested After Girl, 7, Is Gang-Raped in New Jersey, The New York Times, April 3, 2010

Related Web Resources:
Massachusetts Law about Sex

Study: Many sex offenders are kids themselves, USA Today, January 5, 2010 Continue reading

April 7, 2010

Massachusetts Jury Being Selected In High School Murder Case

by Altman & Altman

Last week, the Boston Criminal Lawyer Blog spent the week discussing the issue of bullying and the over-reactive indictments paraded before a hungry audience by a local district attorney.

Today, we return to high school. This time it is another high school though. The academic institution involved this time is the Lincoln-Sudbury Regional High School. Yesterday, jury selection began in Woburn for the trial of John O., (hereinafter, the “Defendant”) who stands accused of stabbing a 15-year-old youth to death at the school. The Defendant was 16-years-old at the time.

The stabbing took place inside a high school bathroom in 2007.

The defense is not the typical “It wasn’t me” or, “It was self-defense”.

The defense is apparently that of diminished capacity. The Defendant was apparently a special education student who had been diagnosed with Asperger’s Syndrome, a mild form of autism, and attention deficit disorder. More specifically, the defense says that his mental status left him unable to conform to the societal rules of behavior, especially when considering committing violent acts.
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April 6, 2010

Boston District Attorney Declares Shooting Death Amid Gunfight Was Suicide, Not Homicide

by Altman & Altman

There comes a time when any Boston criminal defense attorney is knocked almost speechless.

Almost.

Fortunately, this one can still write when that happens. It would appear that the law enforcement entities have come together and resolved several of the questions posed in yesterday’s Boston Criminal Lawyer Blog. The solution, though, reminds me of a famous escape scene from the movie “Blazing Saddles”, when the hero of the story, a black sheriff, is out-gunned and he puts his own gun to his head and says, “Make one move and the (“N-word”) get’s it!”

On the other hand…anything is possible.

I am referring to the findings announced yesterday by the Suffolk County District Attorney that 19-year old, apparently Cape Veridan, Manuel D. (hereinafter, the “Deceased”) shot himself in the head, killing himself, because police officers wanted to talk to him.
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April 5, 2010

Boston Police Shoot Alleged Gang Member In Possession Of Gun

by Altman & Altman

It is always a serious situation when an officer fires his or her weapon in the Commonwealth. This one is no different. Boston Police are continuing their investigation of a police-involved shooting in the Boston area (Dorchester) over the weekend which left 19-year-old Manuel D. (hereinafter, the “Deceased”) dead. While we wait for the investigative dust to settle, we know one thing…lawyers will soon be involved.

“Based on preliminary investigation, it appears he fired on us, and officers returned fire,” said Eddy Chrispin, a Boston Police spokesman. He further related that the Deceased was part of a group of men standing on a corner who were approached by police. He is said to have fled when officers drew near at around 9:41 p.m.

An unnamed police source also relates that the officers believed the teenager was involved in some of the gun-related violence that has been plaguing the area over the last couple of weeks and was being pursued for that reason when the gunfire exchange occurred.

Well, that’s one perspective. As usual, there are others..

According to some witnesses, the Deceased had actually gone to a memorial in Dorchester for a close friend of his who had recently died. Moments after he had arrived at the memorial, the deadly shoot-out with the police occurred.

One witness who grew up with the Deceased near the site of the shooting said that he and several friends were standing by the memorial when heard two shots ring out and saw numerous police officers rush in their direction. “Then there were more shots and more shots,” the witness described. “They didn’t have to shoot him like that, 15 times. He was running away and they just kept shooting at him.”
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April 2, 2010

A Boston Criminal Defense Lawyer’s Take On Anti-Bullying Laws

by Altman & Altman

This week, the Boston Criminal Lawyer Blog has focused on what so many in Massachusetts and beyond have been talking about. The topic is “bullying”. It is a somewhat vague term that schools and summer camps have endured since we decided to group kids together in one place.

For some reason, though, we do not care about summer camps for now, so we continue to simply focus on schools because that was the setting of the recent suicide.

Some other states are actually looking at us in wonder. They are wondering why it has taken us so long to “catch up”. You see, some other states already have laws banning bullying. By the way, some other states still have laws on the books banning “copulation” too.

I kind of like to look at Massachusetts as a Commonwealth that does not need to mindlessly follow the lead of other jurisdictions though. After all, we were the first state to legalize gay marriage. We have recently realized that having a small amount of marijuana for personal use is not necessarily a threat to humanity (although for someone to have given it to someone for their personal use is…but that is a different topic).

The point is that we, as an independent state, can think for ourselves. What I am trying to urge with this is topic is that we do actually think. Not simply act by knee-jerk and not make decisions based on publicity or political goals.

Nine kids are already indicted. Unless there is a dismissal, they are most likely already done. Once they are arraigned, their record is marked and will be for many years. I’ve kicked that dead pony enough this week. Let’s just make one last point on it before we move on to the legislature’s attempts to curtail bullying.
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April 1, 2010

Investigations Into Massachusetts Bullying Indictments Continue To Spread Guilt

by Altman & Altman

People are furious in and out of Massachusetts. The people of Ireland are angry at South Hadley, Massachusetts. The people of South Hadley are “enraged” at South Hadley High School. District Attorney Elizabeth Scheibel, daring da from Western Massachusetts, is angry at nine kids. Oh yeah, speaking of the 9 kids who get to have their lives ruined next Tuesday…I wonder who they are made at. Maybe their attorneys will tell us during the arraignment.

You see, something that I pointed out in the Boston Criminal Lawyer Blog yesterday has begun to dawn the local populace. The daring da’s annulment of criminal culpability and earlier admissions aside, it turns out that staff members at the school did know that the late Phoebe Prince was the target of harassment long before her death.

And so, not missing a beat, residents and public officials have been begun to angrily accuse the school system of neglecting vulnerable students and have called on top administrators to resign. “Now we find out they knew all along, and did nothing,” said Joe Marois, who runs a local construction company. “People are just bewildered they didn’t step in, and are wondering why they weren’t included with the students in the prosecution.”

Is the next step a superseding criminal indictment by the daring da? Perhaps the legislature will begin work on a new ANTI-TURNING-YOUR BACK WHEN PEOPLE IN YOUR CHARGE ARE BEING HARASSED bill.!
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