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Cameron Douglas, the eldest son of movie star Michael Douglas, is sentenced to five years in prison sentence. Earlier this year, the 31-year-old had pleaded guilty to distributing large quantities of methamphetamine and cocaine.

Although Cameron’s drug crime conviction comes with a minimum 10-year prison sentence, his father, mother, stepmother Catherine Zeta-Jones, grandfather Kirk Douglas, and other family members wrote to the court asking that the judge show leniency and reduce the young actor’s criminal sentence.

In a letter to the judge, Michael Douglas explained that his family had a history of alcohol and drug abuse and that being the son of a movie star dad undoubtedly created added pressures in Cameron’s life. The 65-year-old actor also noted that his son, who has been in jail for the last 8 months, is now sober.

Cameron was arrested last year after a drug raid was conducted on his New York hotel room. According to investigators, he was paid tens of thousands of dollars to traffic methamphetamine across the US. He used shippers to conduct the transactions.

Because Cameron had cooperated with authorities, the length of his prison term didn’t have to meet the mandatory minimum sentencing requirement. The judge, who had discretion in the matter, decided to reduce the actor’s sentence.

Massachusetts Drug Crimes
It is so important that you are a represented by a Boston drug crimes law firm that can successfully defend you. There may be evidence that can be suppressed or dismissed, charges that need to be dropped, plea agreements that can be made in your favor, a not guilty verdict that can be won, or a prison sentence that can be reduced.

Cameron Douglas Sentenced to Five Years in Jail, ABC News, April 20, 2010
Cameron Douglas Pleads Guilty to Meth Rap, CBS News, January 28, 2010

Related Web Resources:
Drug-Related Crime, WHite House Drug Policy
Drug Crimes, Justia Continue reading

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Mark Kerrigan, 45, has pleaded not guilty to the criminal charge of Massachusetts manslaughter. Mark is the brother of figure skating champion Nancy Kerrigan. Their dad, 70-year-old Daniel, died following an altercation with Mark at their Stoneham residence. The Kerrigans are adamant that Mark should not be blamed for his father’s death. They say that he should never have been indicted, and they want him to come home.

Mark’s Boston criminal defense lawyer says that Daniel died not because of his argument with his son but because he was having heart problems. The elder Kerrigan had clogged arteries and high blood pressure.

Prosecutors, however, claim otherwise. They say that Mark flew into a drunken fury during a dispute with his dad about using the telephone. They are accusing the 45-year-old of pushing his father, fracturing the elderly Kerrigan’s larynx, and causing him to fall onto his ground. A state medical examiner declared “cardiac dysrhythmia” as Daniel’s cause of death.

While prosecutors worry that releasing Mark into the care of Brenda Kerrigan, his mom, would endanger her, his Boston manslaughter attorney calls the concern “absurd” and an obvious effort to “poison public opinion” against her client. Mark’s Massachusetts criminal defense lawyer also contends that Daniel’s fractured larynix may have been a pre-existing injury rather than as a result of their dispute. She also expressed concern that her client was being portrayed as a violent alcoholic.

Mark, an unemployed plumber, has a criminal record involving convictions for assault and battery, drunk driving, a restraining order violation, resisting arrest, and domestic assaults. He was also being treated for post-traumatic stress syndrome and received psychiatric help.

Kerrigan returns home to mother, Boston.com, April 10, 2010
Kerrigan brother pleads not guilty to manslaughter, AP, April 9, 2010
Related Web Resources:
Nancy Kerrigan’s Father Dead, Brother Arrested, ABC News, January 25, 2010
The General Laws of Massachusetts
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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

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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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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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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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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

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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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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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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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