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The parents of three of the six boys charged with severely beating a 30-year-old Guatemalan illegal immigrant are appealing school suspensions that have been imposed on their kids over the alleged Massachusetts assault incident. In Massachusetts, school principals are allowed to suspend a student who has been charged with a felony crime.

The boys, in addition to two others, are accused of throwing bricks, rocks, and bottles at Damian Merida while he slept near railroad tracks in Lynn last July. Merida sustained serious head injuries, including a traumatic brain injury.

The charges against the boys include attempted murder, civil rights violations, and assault with intent to maim. Five of the boys have been released from custody for now but are required to wear electronic monitoring bracelets. Police claim that the boys attacked Merida because of his ethnicity.

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You know, sometimes it just does not pay to have a conscience! I mean, some Commonwealths just cannot accept an apology without forcing you to get a lawyer.

Take, for example, the case of 31-year-old Juan C., a New York gentleman (hereinafter, the “Defendant”). Saturday night, he was in Lowell when he had a…disagreement with a gas station clerk. Well, it became a bit of a heated disagreement.

Okay, he allegedly pulled a knife and threatened the clerk with it.

Well, ok, that does not look so good I admit. However, the Defendant actually returned to the gas station on Sunday to apologize for his behavior.

The clerk had an interesting way of showing forgiveness…he called the police.
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Beth G., 23, (hereinafter, the “Defendant”) simply got confused. It can happen when academic pressures mount up. After all, she had been inundated with the legal system of the United States. Now, due to said confusion, she is about to get a first-hand lesson on Boston Criminal Justice. It’s not a free lesson, mind you, because she will need to provide an attorney. It should be decent experience though.

You see, on August 30th, there was a party in Allston to which the police were dispatched. The neighbors were complaining about loud noise at approximately 3:53 a.m. One might assume that the party-goers, upon seeing the police presence, would have decided it was time for the party to end.

Not this time.

According to law enforcement, the officers were met with resistance. The party’s host and the resident, the Defendant, saw things differently. When asked to quiet the party-goers, the Defendant reportedly proclaimed, “I don’t have to do anything you say. I’m a law student.”

At that point, perhaps figuring that the Defendant must be right (she was, after all, a law student), two men (hereinafter, the “Rambunctious Duo”) approached the officers and told them that they were not going anywhere.
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23-year-old Michael R, (hereinafter, the “Defendant”) had a bad time of it in Cambridge last night. According to the Commonwealth, he was involved in a robbery, before which he fired his gun off. It was an interesting approach, for which he has earned his place in the Boston-area blog and a lawyer.

Of course, law enforcement does not look too kindly upon armed robbers. Even when the treasure sought is so irresistibly valuable as in this case ( an IPhone). They tend to be even less accepting of them when their weapon of choice is a gun and that gun goes off.

The complainant, a 21-year-old Cambridge man, is said to have been drafting a text message on his IPhone when the Defendant approached him from the opposite side of the street. According to the complainant, the Defendant demanded the IPhone.

When the complainant refused to hand over his phone, the Defendant apparently crossed back over to the other side of the street, all the while screaming expletives, The complainant says he then heard two loud bangs, which he believed to be gunshots.
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First of all, allow me to establish that I am an ardent Beatles fan. Second, let me confess that I have been imbedded in the criminal justice system for about a quarter of a century. As such, there is a certain type of “ear” that I have developed over the years to pick up criminal-justice-related tidbits.

Yesterday, there was a lot of Beatles activity…pretty impressive given that the band disbanded almost 50 years ago. Topping the list of newly released items were a video game and a box set of all the original releases on remastered cds packaged together with video “mini-documentaries”. Naturally, I played the part of consumer. Then, as I contemplated the weekly “Attorney Sam” feature of this daily blog, some of the Beatles’ lyrics came back to me.

There are obvious crime-related Beatles songs. “Maxwell’s Silver Hammer” is such an example. In it, a handful of murders are conducted by our young hero with the aid of his trusty silver weapon which he manages to smuggle in everywhere, including school, court and the local police station. Of course, on the other side of the law, there is “Lovely Rita”. Here, the singer is courting (no pun intended) a meter maid.

The Beatles’ rock ‘n roll view of romance is particular interest. “Why Don’t We Do It In The Road” comes to mind, for example. It could, I suppose be simply walking and whistling a happy tune that the fad four are suggesting, but most people think they are talking about something a bit more sexual in nature. Clearly not a good suggestion. Assuming that one survived the oncoming traffic, one would soon be arrested and prosecuted for a host of criminal acts which fall under the purview of the sexual offender registry. Of course, speaking of which, the song “Little Child”, wherein the singer, who is “sad and lonely” asks a young thing to “take a chance” on him would also interest many prosecutors. Of course, he is suggesting that they only dance…!

I can see the Commonwewlth’s sexual assault expert now testifying that “things like ‘dancing’ are simply a ruse used by the offender who gains the child’s trust…!”
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This past weekend was a bad one for 20-year-old Vernon C. of New Bedford (hereinafter, the “Defendant”). He was arrested on Sunday and charged with multiple felony charges which have brought him incarceration and a lawyer.

According to the Commonwealth, the Defendant was at a party late Friday night when he demanded a chain necklace from one of his fellow party-goers.

He did so at gunpoint.

21-year-old Scott M. (hereinafter, the “Deceased”) tried to intervene. He was shot for the attempt. He was pronounced dead Saturday afternoon. In a Boston-area hospital.
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Yesterday’s Boston Herald signaled the end to the saga of former sportscaster Bob Gamere’s (hereinafter, the “Defendant”) in federal court which was co-hosted by federal prosecuting attorneys.

Apparently, he is expected to plead guilty to child pornography charges.

The Defendant was charged last October with two counts of transporting child pornography videos and one count of possessing child pornography. Specifically, he is accused of using his home computer to send multiple people e-mails with child pornography videos attached.

The trial had been scheduled to begin tomorrow in U.S. District Court. However, a change-of-plea hearing has been scheduled for today.

The evidence against the Defendant had included the alleged prohibited materials as well as statements that the he is said to have made to law enforcement. The materials were seized from his apartment in 2007. Attempts to suppress their seizure have failed.
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The criminal defense attorney for Shawne Merriman, the star linebacker for the San Diego Chargers, says that the domestic violence allegations against his client are unmerited. Merriman, 25, was arrested early yesterday on suspicion of restraining and choking Tila Tequila, the former MTV star of the popular reality dating series “A Shot at Love with Tila Tequila.”

Police reportedly were responding to a call by a woman who said she’d been choked and restrained. The woman, who identified herself as Tila Nguyen (Tila Tequila), identified Merriman as the person who choked her when she tried to leave his home.

Nguyen, 27, signed a citizen’s arrest, and Merriman was brought in on suspicion of false imprisonment and battery. Even though police did not see any injuries on her, she asked to be taken to a hospital.

Merriman’s attorney, however, says that Merriman was in fact trying to protect Tequila, who was very “intoxicated and inebriated,” from leaving. The NFL football player wanted to make arrangements so that she could get home safely. The lawyer says that Merriman never assaulted the reality star and did not restrain her against her will. Merriman’s attorney says that there were witnesses at the football player’s home who can corroborate his client’s account of the incident. Later Sunday, Merriman was released from jail.

Meantime, Nguyen posted on her Twitter page that she was not drunk and is actually allergic to alcohol despite her famous celebrity name.

Domestic Violence
Allegations of domestic violence disputes are taken very seriously in the state of Massachusetts. You don’t have to be a husband or the wife to be charged with a domestic violence crime. People in domestic partnerships, boyfriend-girlfriend relationships, former spouses, and family members can be arrested for domestic violence involving alleged physical assault, sexual assault, kidnapping, and other forms of violence.

Boston police must arrest anyone accused of Massachusetts domestic violence. Even if you are not guilty, becoming a suspect of domestic violence can taint your reputation and cause damage to your career or personal life.

Merriman Denies Allegations, Washington Post, September 7, 2009
Tila Tequila denies being drunk during Merriman incident, CNN, September 7, 2009
Related Web Resources:
Massachusetts Law About Domestic Violence

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In Suffolk County, an Allston man has been arrested for beating and raping a 66-year-old woman. Jose Sariano Gonzales pleaded not guilty to the charges of rape, resisting arrest, and the assault and battery of a victim over 65. The 20-year-old is also accused of punching the woman in the neck and face and obtaining stolen property. A stolen credit card was found on his person when police apprehended him.

The alleged rape incident occurred on August 27. The victim says that she had gotten up early that day to look for cans that she could turn in for cash when she says that a man approached her, directed her to a place where she could obtain more cans, and then proceeded to beat and rape her.

Yesterday, the woman identified Gonzales to police when they spotted him close to the site where she was assaulted. Police say that he tried to get away when they ran to pursue him but they managed to apprehend him.

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The are many theft-related crimes for which one can get arrested in the Boston area. Among the most serious are those of Robbery and Burglary. Both are generally regarded as crimes of violence. Both carry heavy potential prison terms. For both, you had best get an experienced criminal defense attorney to help you at the first possible moment.

The crime of Robbery is basically the taking of someone’s property through use of force. The force can come from a gun, a knife or even a fist. It can be the words “I am going to beat you to a bloody pulp”.
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