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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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For the last two days, the daily Boston Criminal Lawyer Blog looked at two recent matters wherein Massachusetts defendants were stopped by law enforcement in their vehicles, wherein drugs were found. During the investigations, sometimes more drugs were found at various locations…sometimes it was a href=”https://criminal.altmanllp.com/illegal-weapons-possession.html”>weapons.

Rest assured that while the police and courts treat drug possession and gun possession very seriously…the combination is extremely eye-opening to them. It is the stuff that headlines are made of.

In any event, one last issue remains unexamined. In the Marblehead matter, additional material was found in the defendant’s home.

The question arises whether we are less protected in our homes or our automobiles from police invasion into our privacy in terms of search and siezure.

This is what today’s posting, ending this three-part-series will address.
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Yesterday, we began our examination of the arrest and sentencing of a Geraldo S., 32 of Marblehead (hereinafter, “Defendant 1”). He recently pled guilty in a Massachusetts superior court and received a ten year sentence. We were looking at the story from a search and seizure angle.

We left off when it came time to explain the search of Defendant1’s vehicle.

As you may recall, Defendant1’s arrest took place back in 2004. To show you things have not changed very much, let’s turn the clock forward to this very weekend. On Saturday, Henry T., 21, (hereinafter, “Defendant2”) of Randolph was blessed with similar police attention.

Braintree police say that Defendant2 had been driving without his headlights on early Saturday morning. They checked their computer to get information on the vehicle and found that Defendant2’s license had been suspended.
That’s a crime in the Commonwealth.
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While the rest of us were celebrating freedoms that are the legacy of heroes like the late Dr. Martin Luther King yesterday, one gentleman from the North of Boston was adjusting to the trade of his need of a defense attorney for a ten year term of imprisonment in Massachusetts prison.

Of course, he has already served approximately six of those years awaiting trial.

Geraldo S., 32, of Marblehead (hereinafter, the “Defendant”) was found to be in possession of a kilo of cocaine after a traffic stop in 2004. On Friday, he pled guilty to the reduced charge of trafficking over 100 grams of cocaine . This was the result of a plea bargain with the prosecution. Had a deal not been struck, the court would have had no choice but to sentence him to at least fifteen years in the event of a conviction.

Key to the plea bargain was a confession made to law enforcement.

The Defendant’s most recent criminal justice woes were the result of an investigation by the Marblehead police. Part of the investigation involved the fact that, apparently, the Defendant was known by several different names.
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In Boston on Thursday, Massachusetts Dr. Scott Reuben was charged with one count of health care fraud. Reuben used to serve as the chief of acute pain at Baystate Medical Center. Reuben has agreed to plead guilty and pay $420,000 in restitution.

According to federal court records, the Longmeadow physician falsified medical research. He is accused of falsifying findings he presented in at least 21 published studies. For example, the charge against him claims that Reuben actually never tested anyone (he told them he had tested 200 people) when he presented findings to Pfizer about the use of Celebrex in multimodal therapy. The pharmaceutical company had given him a $74,000 research grant.

Reuben faces up to 10-years in prison. However, because of the plea agreement he will likely receive a significantly lighter penalty.

Health Care Fraud
Healthcare fraud is a white collar crime. A person charged with Massachusetts health care fraud is usually a medical professional accused of profiting illegally by submitting allegedly dishonest medical claims. These are serious allegations and our Boston white collar crime law firm has seen cases where someone is wrongly charged with health care fraud because investigators misinterpreted the information and falsely accused someone of a crime.

Allegations against a medical professional charged with health care fraud can include:

• Obtaining unnecessary prescriptions and selling them for profit • Billing for medical services never provided • Filing more than one claim for the same service
• Changing service descriptions, provider names, member names, and dates on claims • Billing for a service that isn’t covered as if it were covered • Changing medical records • Incorrectly reporting a medical procedure or a diagnosis to obtain a larger payment • Using staff members that aren’t licensed • Waiving co-payments • Prescribing treatments that are not necessary
Dr. Scott Reuben, former chief of acute pain at Baystate Medical Center in Springfield, pleads guilty to health-care fraud, Masslive.com, January 14, 2010
Doc accused of healthcare fraud, TopNews, January 16, 2010

Related Web Resources:
Health Care Fraud, Cornell.edu
White Collar Crimes, Justia Continue reading

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Ok, so you have gotten over the shock of being charged with a crime. You have gone to court in Boston a couple of times for a couple of court dates that feel accomplished nothing. Finally, you ask your attorney when this will all end.

You get that sad but true answer…”it depends”.

Many things in the criminal justice system depend on what happens as the case progresses. This is not a science wherein there is an exact formula for how things go. You may have already witnessed this as you have gone to court and seen different people get different bail and sentence decisions although charged with the same crime(s).

You probably already know that, if a case is not otherwise disposed of beforehand, the case is resolved at trial. I am going to assume you know what that is. After the verdict, one of two things happen. Either the verdict was “not guilty” and the nightmare is over, or it is “guilty” and there is a sentencing hearing. Depending on the convictions, that sentencing may or may not result in the defendant going home.
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A 41-year-old man who has been on Lynn authorities’ 10 Most Wanted List for allegedly trying to rape a 13-year-old girl a decade ago has pleaded not guilty to charges of indecent assault and battery on a child under age 14 and assault with intent to rape a child. Victor Cruz was apprehended in October 2009 for the 2000 Massachusetts sex crime. His arraignment was on Wednesday. His bail is $1 million.

Cruz is accused of trying to have sex with his live-in girlfriend’s daughter. The alleged victim was 13 at the time. The girl’s mother told him to leave their home following the allegations. He left the country and lived in the Dominican Republic for more than nine years.

However, federal authorities found him and made him return to the US last year so he could be charged with the alleged sex crime. Cruz’s Massachusetts criminal defense lawyer is disputing the girl’s account of what happened. He says there is no forensic evidence and the alleged victim’s accounts of what happened have not been consistent.

If convicted of indecent assault and battery, Cruz could be sentenced to up to 10 years in state prison. A conviction for the attempted rape assault charge could land him in prison for up to 20 years.

Assault with intent to rape a child
Under Massachusetts General Laws Chapter 265 Section 24, assault with intent to rape a child is a serious offense. The prosecutor must prove that the defendant committed an assault that made the alleged victim subject to battery regardless of whether or not the physical harm was actual or intentional.

Indecent assault and battery on a child under age 14
Under Massachusetts General Laws Chapter 265 Section 13B, the prosecution must prove beyond a reasonable doubt that the alleged victim was in fact under age 14, the defendant purposefully made actual physical contact with a victim’s private part(s), and the contact was indecent, offensive or harmful, and unjustified.

Bail set at $1M for Lynn ‘Most Wanted’ rape attempt suspect, TheDailyItemofLynn, January 14, 2010

Related Web Resources:
Massachusetts General Laws

Massachusetts Law about Sex
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The game of politics is afoot again in the Boston area! This means that, as the race for the late Senator Kennedy’s seat comes to the wire, it is time for whatever mud can be thrown upon one’s opponent . Often, the accusations involve the criminal justice system. That’s where I come in. Today we look at accusations involving a 2005 rape case and Attorney General Martha Coakley.

In October, 2005, 31 year-old Somerville Police Officer Keith W. (hereinafter, the “Defendant”) was said to have raped his 23-month-old niece with a hot object, most likely a curling iron. The case was presented to a Middlesex grand jury which was overseen by Coakley. That grand jury did not take action against the Defendant. Thereafter, the child’s mother filed applications for criminal complaints in the case and it was then that the grand jury indicted the Defendant.

When the Defendant was before the court, the prosecution recommended that the Defendant not be held on bail, but released on personal recognizance. He remained free until December 2007, when he was found guilty.

Now, political opponents, both old and new, are taking the pulpit to decry Coakley’s handling of the case and making the typical cry of “too soft on crime”.
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Today we discuss yet another tale wherein Massachusetts law enforcement officials are in need of a criminal defense attorney. It involves recent accusations against four such officers and an event arising out of a suspected racially motivated apprehension from this past November.

Well, it is not so much the fact of the apprehension that has raised suspicion, but the method of it. You see, Melvin J. (hereinafter, the “Passenger”) was a guest in a particular motor vehicle that police stopped. While not the driver, police say he acted suspiciously. So, the officers ordered him to get out of the car. He did as ordered…and kept going. He ran away from the scene.

The officers, apparently having lost interest in the driver of the car and whatever traffic violation they thought they had witnessed, chased after him. They say that when they chased him, he violently resisted and tried to grab one officer’s gun.

That’s a big “no-no” for law enforcement. It does, however, seem to give a perceived license for officers to do things they otherwise wouldn’t.
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