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It’s holiday time again!. This weekend is Halloween, as I am reminded every day when I try to drive through downtown Salem. As is usually the case, around Boston and environs, law enforcement is particularly aware about drunk drivers. One very recent case, however, did not really take all that much detection. By the time it was over, there were two Pittsfield women needing criminal defense attorneys come yesterday.

Victoria D., 22, and Felicia M., 21 (hereinafter collectively, the “Defendants”) were in a car Saturday. The car ended up crashing into a house on Route 9 in Schodack at about 5:00 a.m. According to the police, the accident caused “substantial damage”.

The Defendants were then transported to Albany Medical Center Hospital.

As the police came to investigate, they say they discovered that both women had been drinking alcohol. The Defendants also gave conflicting accounts as to which one was driving at the time the car careened into the house.
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Welcome to the year 2009, more than twenty years after 1984, which was the title of a famous book by George Orwell. The book depicted a society where “Big Brother”, the government, was always watching. Ironically, while the show “Big Brother” was not the downfall of Adam J., a 31-year-old PR executive, (hereinafter, the “Defendant”), the government was. It was about a week ago, while in Massachusetts, that he developed the need for a defense attorney.

Big Brother is a CBS reality show that films contestants 24 hours, 7 days a week and makes them evict fellow houseguests one by one for a chance to win the big prize. The Defendant won the money in April 2008. He may not have been evicted then, but he risks being convicted now.

The charge? He is charged with, and has purportedly admitted to, trying to sell 2,000 oxycondone pills to a government informant. He is also said to have admitted that he used his $500,000 Big Brother prize money to purchase the drugs, which he distributed along the east coast for months.
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In the north of Boston city of Salem, this is considered a very scary month. All kinds of horrors are building up toward the holiday of Halloween. There are goblins, vampires, ghosts and the like. It is not all fun and games, though. Police must be ever-watchful for the true monsters that plague many cities and prey on its residents. Fortunately, the police department in Salem are always up to the task. The threat to civilization about which I speak, of course, is the prostitute. And now, the good folks of Salem, famous for its past witchtrials, can sleep alittle more soundly now that one woman’s operation has been closed down and her liberty put into the hands of a criminal defense attorney.

Lisa A., 46, of Salem (hereinafter, the “Defendant”) is that alleged scurge.

You see, the Defendant was arrested following a sting by Salem police. By brilliantly cruising the internet, they found the Defendant’s website which contained photos in various poses and offered customers “the complete girlfriend experience,” with packages that cost up to $3,000 for a weekend. She was also, according to police and the Web site, offering a “recession special,” knocking $100 off her regular $300-an-hour rate.

Ever mindful of their duty to keep the city streets safe, if not save money for the Commonwealth, they took action.
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The issue of Search and Seizure is in the news again today. While the case itself is not based in Boston, it is of interest to lawyers, police officials and drivers anywhere. Why? Because it involves the United States Supreme Court, which seems split on the subject.

The case actually hails from Virginia and the conviction of Joseph A.M.H.,Jr (hereinafter, the “Defendant”) for drunk driving. It seems that the Defendant was pulled over by the police before they saw him break any traffic laws. That conviction has been overturned on appeal by Virginia’s Supreme Court.

And that is the issue. Did the police have the right to pull over the Defendant before they saw him commit any crimes?
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A Boston-area woman has now made her situation worse and her attorney’s job a lot more difficult.

Laura D., 23, (hereinafter, the “Defendant”) of Everett was being held in The Women in Transition program, a prerelease facility that provides help to 24 women who have committed nonviolent offenses and have drug and alcohol addictions. Unfortunately, she did not stay there. Instead, she escaped by jumping out the window.

Apparently, though, her freedom was short-lived.

According to Essex County Sheriff’s Department spokesman Paul Fleming, “At about 11:20 [October 16th] morning it was noticed that she was missing from Women In Transition,” Fleming said. “She was re-apprehended at about noontime in a cab heading south on Interstate 95, not far from the Route 1 exit. She was sent back to MCI-Framingham. She’s violated the opportunity to rehabilitate herself through the Women In Transition program.”

The Defendant had arrived at the program just days earlier from MCI-Framingham, where she had been serving a six-month sentence for possession of class B and class E substances. Had she not attempted to escape, her parole eligibility date would have been December 3rd, Fleming said. If she served her out her full six-month sentence, she would have been released on March 22nd.

And now?
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Last week, the nation watched on TV and worried along with the parents of 6-year-old Falcon Heene that the young boy may have floated off in a flying-saucer-like contraption constructed by his father. The escapade was supposed to have reached a happy ending when Falcon was discovered hiding in a box in his home and did not, as some had feared after the runaway balloon landed without him in it, fall to the ground and get hurt.

Following the bizarre incident, the family was barraged by media outlets wanting to interview Richard and Mayumi Heene and their three children. The scrutiny got more intense after young Falcon, when asked on CNN’s Larry King Live why he didn’t respond when he heard his parents calling for him, replied “You guys said we did this for the show.”

The Heenes have explained that Falcon, who is just 6, was confused. He also appears to not have been feeling well considering that the next day he vomited on national television.

Now, police are saying that the Heenes staged the whole misadventure and that criminal charges are likely. Authorities claim they told the media on Friday that they didn’t think the balloon boy story was a hoax because they wanted to maintain the couple’s trust. They called this their “game plan” to find out the truth.

Investigators interviewed Mayumi and Richard, administered polygraph tests, and then looked through their home for phone records, computer records, video footage, and other possible evidence.

Yesterday, the sheriff said possible criminal charges against the couple may include conspiracy, attempting to influence a public servant, contributing to the delinquency of a minor, and filing a false police report. He claims the family staged the hoax in order to promote themselves for a reality TV program. The family has already appeared on ABC’s Wife Swap.

The Heene’s criminal defense lawyer has issued a reminder that no charges have yet to be filed against his clients. He noted that just because the sheriff announced that the couple was guilty of hoax does not mean that they actually did anything wrong.

Our Boston criminal defense lawyers believe that anyone accused of committing a crime is entitled to the best defense. Just because you are accused of committing a crime does not mean that you are guilty.

Lawyer: Family in balloon incident ‘under siege,’ USA Today, October 19, 2009
Balloon boy family feels ‘under siege,’ lawyer says, CNN, October 19, 2009
Related Web Resources:
Timeline Of Balloon Boy Events, The Denver Channel
Wife Swap
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As you might assume, I hear many complaints about the criminal justice system while fighting for clients’rights and freedom in the Boston area. Many feel they are being investigated or charged unfairly by prosecuting attorneys. Some feel like the system is too slow. Others feel the unfairness of what I have referred to as the “assumption of guilt” while they are presumed to be innocent.

I have ready answers for most of these complaints. I might not like them any more than my clients do, but I have the answers.

There is one criminal justice issue, however, to which there is no ready answer. It is the issue of unequal justice.

Let me give you an example. Backagain Barney has a long criminal record. He has been in and out of jail and probation for most of his adult life. Now, he is gracing the Boston Municipal Court with a new assault and battery charge. They say he got into a fight at the Boston Common with a stranger. He won the fight as well as overnight Commonwealth housing.

Just as Barney is facing the court at arraignment, Nick Nevershouldaproposed is facing arraignment in Lynn District Court. He, too, is charged with assault and battery. His case, however, involves his wife. He is accused of slapping her during an argument and threatening, in mid argument, “You make me so mad, I could kill you”. It is his second criminal matter. His first, about nine years ago, was for drunk driving.

Who do you think is the most likely to be released pending trial?
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A 13-year-old and four 15-year-old boys are charged with aggravated battery over the attack on 15-year-old Michael Brewer that left him with burn injuries on 65-80% of his body. Brewer was doused with rubbing alcohol before his body was lit on fire.

Witnesses allege that 15-year-old Matthew Bent was the instigator of the attack, which the say occurred because of a feud over money owed and a stolen bike. Bent was arrested while stealing the bike when Brewer called the cops on him. He was released from a juvenile center on Monday.

At around 3pm that day, police say Bent, brothers Jeremy and Denver Jarvis, 13 and 15, Jesus Mendez, 15, and Steven Shelton, 15, got a bottle rubbing alcohol and went to an apartment complex where they encountered Brewer. The 15-year-old reportedly tried to leave but the other boys allegedly surrounded him and poured the alcohol on his body.

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As anyone feeling the weather this week can tell you, Fall is upon us. As we edge ever closer to the winter months, students around the Boston area are settling into their little piece of heaven in the Commonwealth – the campus. However, Heaven is not found here on Earth as two female Boston University students can now tell you. They were robbed at knifepoint and so now, the local police are searching for someone to introduce to defense attorneys.

It happened last Saturday while they were sitting on a bench in front of a university dorm early in the morning. The women told police that their assailant was a white male in his 20s. He approached them at around 4:15 a.m. and threatened them with a knife.

Neither woman was injured, but $50 and a pack of cigarettes was stolen.

It is unknown whether the assailant was also a BU student. University police are investigating with help from Brookline and Boston police.
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Police in Massachusetts have arrested four people over the brutal beating of a 29-year-old man that took place on Mother’s Day. The four who were apprehended are Roxbury residents Jumoke Marshall and John Benoit, 22, Everett resident Eric Wallace, 19, and a 16-year-old, who is also from Roxbury. The latter, however, was 15 when the beating happened and will be charged as a juvenile.

All four of them faces charges of assault and battery with a dangerous weapon, mayhem, and unarmed robbery.

According to police, the four of them ate the meal of the victim and his friend. The two parties were sitting next to each other at the New Golden Gate restaurant in Boston’s Chinatown. The four suspects then allegedly demanded that the victim and his friend pay for the meal. When the two of them refused to do so and walked away, the other four are accused of attacking the victim in an attempt to commit robbery.

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