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It is not terribly unusual to hear about a case in which a student is accused of getting into a fight with another student. However, a Newton high school student has now been charged with Massachusetts assault and battery against someone else…a teacher. But it does not end there. He will also have to tell his new attorney how to defend against the charge that illegal drugs were the issue of the altercation.

The 16-year-old lad (hereinafter, the “Defendant”) was charged with assaulting the teacher on Friday after a metal box full of marijuana was allegedly confiscated from him at school, police said.

According to the Commonwealth, a teacher caught the Defendant in a school bathroom with the box in a, and took him into an office, where he was told his parents would be contacted. As the Defendant was being escorted to another school office, police said, he allegedly grabbed a different teacher’s hand in an attempt to retrieve the box. The teacher was not injured.

Police say that the box contained five packages of marijuana.
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Kyle B., 28, (hereinafter, the “Defendant”) is in trouble again. Criminal Justice trouble. Massachusetts Murder trouble.

The Defendant was arrested in Brockton Saturday and charged with the murder of a man outside of a local restaurant on January 5th. A second witness of the shooting was shot in the leg and has survived. The Defendant stands accused of the shooting of both gentlemen as well as unlawful possession of a firearm.

Law enforcement has wasted no time in calling the double shooting “egregious” and “heinous.” Ignoring the usual need for lip-service on behalf of the presumption of innocence, Plymouth District Attorney Timothy J. Cruz has publically declared that “”The shooter in this case is a very dangerous person. I’m glad he’s off the street”, he continued. “Brockton is safer without him on the street.”

Of course, the Defendant is not a complete stranger to charges of homicide. He was charged with the 1999 grisly death of a 14-year-old girl who had been eight months pregnant, presumably with his child. In fact, in a recorded statement to police, the Defendant described himself as a witness who had watched a friend lure her to a shallow grave , stabbed her and bludgeoned her with a rock a brick before burying her alive. The Defendant then led police to that grave. The Commonwealth charged him with being part of the conspiracy to kill the young woman. However, at trial, some five years later, he was found to be “not guilty” by a jury.

After the 2004 jury trial, Suffolk County District Attorney Dan Conley’s office described itself as being “baffled and pained” by Bryant’s acquittal.

I guess both District Attorneys are sleeping better tonight.
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Police have arrested three men over their alleged involvement in a Massachusetts ATM theft scam. Ivaylo Hristov, Anton Venkov, and Vladislav Vladev are accused of being part of a fraud ring that allegedly has stolen, according to Quincy police, hundreds of thousands of dollars from numerous victims in the Greater Boston Area.

The three men allegedly engaged in “skimming,” which involves people using bank-card readers and tiny cameras to retrieve people’s bank and pin information. The data can then be downloaded onto a card that has a magnetic strip. The card can then work as an ATM card to the victim’s bank account.

Police arrested Hristov, 28, at Citizens Bank in Quincy where he allegedly stole $500 from someone’s ATM bank account. They say he had eight re-coded Dunkin’ Donuts gift cards with him. He also has been charged over his alleged involvement in an ATM theft that took place in Milton.

Venkov, 40, is charged with aiding and abetting the identity fraud scam and also of using counterfeit bank account access codes. Police says that when they arrested Venkov he had $99,100 in cash in his car. Vladev, 36, was detained at Logan International Airport as he was attempting to leave for Germany. He pleaded not guilty to identify fraud and larceny charges.

Police found gadgets and computer equipment in a Weymouth storage unit that they believe belong to Hristov and his alleged cohorts. Authorities say there are other skimming operations in Weymouth, Roslindale, Braintree, Dorchester, and Milton.

Do not give up hope if you have been arrested for allegedly committing a Massachusetts crime. You may have been wrongly charged. There may be evidence that can prove you are not guilty. There may be criminal charges filed against you that can be reduced or dropped. Police may have gone about obtaining the evidence they have in the wrong way and that evidence may now be inadmissible. Your civil rights may have been violated during your arrest or detention.

Police break ATM skimming ring in Greater Boston, Wicked Local, January 29, 2010
Two more arrested in ATM theft case, Boston.com, January 29, 2010

Related Web Resources:
ATM fraud, a.k.a. skimming, is on the rise, ConsumerReports, January 14, 2010
Identity theft, FTC Continue reading

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And so the trial of assumption and innuendo (at least, so far) continues in Brockton, Massachusetts. Attorneys battle it out as jurors hear different observations of the home of Carolyn R. (hereinafter, the “Defendant”) and the various family members. As you may recall, the Defendant and her husband are being charged, yet tried separately for the first-degree murder of their 4-year-old daughter (hereinafter, the “Deceased”). According to yesterday’s Globe, Tuesday’s testimony had to do mostly with…the husband (hereinafter, “Co-Defendant Dad”) .

That’s right…first degree murder. The one with premeditation.

Correct again…Co-Defendant Dad. The one not on trial yet.

It was a stellar day for the prosecution.
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I know you’ve heard the story by now. Massachusetts is in the news again due to a celebrity crime story. This time, the celebrity, Nancy Kerrigan, isn’t really part of the story.

But the rest of the family is.

Mark Kerrigan, Nancy’s 45-year-old brother (hereinafter, the “Defendant”) has been accused of causing the death of their father, Daniel (hereinafter, “Dad”). No, the Commonwealth does not contend that the Defendant plotted to kill Dad and then executed the plan…it was more tragic than that.

The allegations are that the Defendant wanted to use the telephone, but Dad would not let him. An argument ensued and became physical. Finally, the Defendant is said to have grabbed Dad by the neck. Dad fell to the ground. The Defendant claimed he was faking…but that opinion obviously changed when the police came.

Dad died and the Defendant, allegedly drunk and unruly, was pepper-sprayed and arrested.
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Arraignments do not always take place in the courtroom, as Robert G., 19,(hereinafter, the “Defendant”) learned yesterday. He was arraigned in a Worcester hospital bed on charges of killing his ex-girlfriend, 19-year-old Allison M. (hereinafter, the “Deceased”). The Deceased was a Fitchburg State College freshman. In the past, she had obtained at least two restraining orders to keep the Defendant away from her, authorities said.

The Defendant was charged with first-degree murder, and violating the restraining orders, after allegedly stabbing and shooting to death the Deceased. He remains in critical condition after allegedly trying to kill himself as well.

“We are alleging that this is another troubling incident of domestic violence resulting in homicide, where the defendant is alleged to have fatally stabbed the victim, his ex-girlfriend, and then attempted to kill himself,” Middlesex District Attorney Gerry Leone said in a press conference this afternoon at his office in Woburn.

“This is the second such incident we have in consecutive weeks, where we are alleging that a male defendant has killed his former or present female significant other, and then seemingly tried to end his own life,” Leone said. “We must continue to find ways to stem this tide of alarming domestic violence incidents.”
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Mark Kerrigan, the brother of Olympic figure skater Nancy Kerrigan, has been charged with assaulting their father Daniel Kerrigan. The 70-year-old was found unresponsive on Sunday morning in his Stoneham residence following an argument between the two men. He died later that day.

Mark, 45, has pleaded not guilty to all of the charges against him. The unemployed plumber is an Army veteran who continues to undergo Post Traumatic Stress Disorder.
According to police, Mark told them his father wouldn’t let him use the phone and the two men became involved in a physical altercation. He says that after placing his arms around his dad’s neck, Daniel fell to the ground.

Police who arrived at the Kerrigan home say that Daniel was lying on the ground but alive. They claim that Mark appeared intoxicated and was “belligerent.” The officers found whiskey bottles in the basement. He was arrested on charges of Massachusetts assault and battery causing serious bodily injury and assault and battery with a dangerous weapon.

Mark has not be charged with Massachusetts murder. Autopsy results to determine is cause of death are still pending. The criminal defense lawyer appointed to defend Mark says his client is grieving over his father.

The Kerrigan family has been in the media spotlight before. Nancy Kerrigan is a former Olympic figure skating champion who won a silver medal at the 1994 Winter Games in Lillehammer. In 1994, she was assaulted in a plot by rival Tonya Harding, who she would go on to compete against and defeat in Norway.

Allegations of assault and battery causing serious bodily injury and assault and battery with a dangerous weapon are serious criminal charges.

Nancy Kerrigan’s brother pleads not guilty to assault charge, Los Angeles Times, January 25, 2010
Nancy Kerrigan’s father dies; brother charged in attack, Boston.com, January 25, 2010

Related Web Resources:
National Center for PTSD

The Nancy Kerrigan Biography, Biography.com Continue reading

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The Massachusetts Appeals Court will be conducting a hearing on February 10th to determine whether a new trial should be granted to Corey R. (hereinafter,the “Defendant”) for the 2001 killing of a school counselor, the Reverend Theodore N. Brown. This time, it is the prosecuting attorney who is pursuing the appeal.

You see, a Hampden Superior Court Judge granted the motion for a new trial. The Commonwealth contends the judge was wrong in allowing the motion.

The Defendant, who was 17-years-old at the time, had been convicted of second-degree murder for the December 5, 2001, stabbing death of Reverend Brown in a classroom. The trial was conducted in 2003 before the late Judge Thomas J. Curley Jr.

Judge Cornelius J. Moriarty ruled in February 2008 that the Defendant is entitled to a new trial on the basis of ineffective legal representation.
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The criminal trial of Carolyn Riley, who is charged with the overdose murder of her 4-year-old daughter Rebecca, is underway in Plymouth Superior Court. While the prosecutor is depicting Carolyn as someone who refused to get her daughter medical help after overdosing her with clonidine in an attempt to get Social Security disability pay, her defense attorney argues that Carolyn is a concerned mother who gave her daughter medicine, as prescribed by a doctor, to treat her bipolar disorder.

Rebecca was found dead in her home on December 2006. Carolyn and her husband Michael were charged with first degree murder. Earlier this month, Carolyn’s criminal defense lawyer filed a motion to dismiss the charges saying there is new medical evidence supporting the couple’s claim that their daughter died from pneumonia and not from a prescription drug overdose. A judge denied the motion. Michael’s Massachusetts homicide trial will begin after Carolyn’s trial ends.

Among the witnesses that have testified against Carolyn so far is a social worker who says that she thought Rebecca was overmedicated. Also, the principal of the Elden Johnson Early Childhood Center says she saw Carolyn and Michael laughing outside the school just one day after Rebecca’s death. Yesterday, Kelly Williams, the Rileys’ former housemate, testified that Michael would demand that Carolyn overmedicate their three kids to keep them quiet. Williams says that as the 4-year-old’s condition deteriorated, she and her boyfriend James McGonnell kept telling Carolyn and Michael to take Rebecca to the doctor but that they kept putting off the visit.

Carolyn’s defense lawyers say she is a loving mother who did what she could to raise her three kids, all of whom suffered from hyperactivity and bipolar disorders.

The grief of a parent who loses a child cannot be quantified. To be accused of murdering a son/daughter is a severe blow.

Housemate details Riley child’s final night, Boston.com, January 23, 2010
Social worker warned that Rebecca Riley, 4, was overmedicated, The Boston Globe, January 21, 2010
Riley murder trial begins in Brockton court, The Daily News Tribune, January 20, 2010
Not a hard choice to have separate Riley trials, Wicked Local, January 17, 2010
Judge denies motion to dismiss murder charges against Rileys, Wicked Local, January 12, 2010

Related Web Resources:
Parents convicted of first-degree murder, General Laws of Massachusetts
Timeline: Rebecca Riley Murder Case, MyFox Boston, December 14, 2009 Continue reading

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You know, sometimes a criminal defense attorney cannot help but get mad. For example, when a client whom the attorney is absolutely sure is innocent of charges is found guilty of them anyway, I get angry. Or cases wherein one of the many unfairness’s that are built into the criminal justice system raise their ugly heads, my passion is inflamed. Or, more recently, in a Massachusetts superior court, where an absolutely heart-wrenching drama is being played out and suddenly the prosecution and other untrained-yet-self-ordained “experts” announce with “authority” their expectations of human behavior to the detriment of fairness…it drives me nuts.

A four-year-old girl is dead. Her mother, Carolyn R. (hereinafter, the “Defendant”) is on trial for her homicide. Dad, also charged with murder, awaits his turn next.

The purpose of an opening statement in a trial is to give the jury a roadmap of the evidence the lawyer contends it will see during the trial. In this case, the prosecuting attorney gave his opening statement, listing the evidence he expects he will show, thus proving the Defendant guilty beyond a reasonable doubt. Thereafter, the school nurse testified to begin the onslaught of critical evidence.

One of the first things described by both the prosecutor and the nurse? Well, apparently, hours after her daughter died, the Defendant and her husband appeared at the child’s preschool with a “flat” demeanor, asking to pick up her daughter’s things as well as a copy of her class photograph.
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