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August 29th was my birthday; never mind which one. So, when it came time to write today’s blog, I decided to see how my fellow Bostonians had celebrated the day and find out if anyone used the occasion to produce the need for an experienced criminal defense attorney.

I shortly wished I hadn’t.

I came upon a sad story from Quincy. It involved 52 year-old Wollaston man, Joseph B. (hereinafter, the “Defendant”) who spent my birthday being arrested for murder.

The Defendant was arrested on Saturday in connection with the death of 33 year-old Mary B. (hereinafter, the “Deceased”), whose body was found on Saturday afternoon in the home she shared with her child. According to a press release from District Attorney William Keating’s office, the two knew each other well, but the nature of their relationship was not explained further.

Law enforcement has also declined to reveal how they believe the Deceased was killed.
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In court on Friday, registered sex offender Phillip Garrido and his wife Nancy pleaded not guilty to 29 felony charges in the kidnapping of Jaycee Lee Dugard. Dugard was just 11 when the couple abducted her in 1991 while she was walking to her school bus stop. Her stepfather saw the abduction but was unable to stop it.

The Garridos are each charged with:

• 1 count of kidnapping someone younger than age 14
• 1 count of kidnapping for sexual purposes • 4 counts of forcible rape with a special allegation of one strike • 2 counts of forcible rape • 7 counts of a forcible lewd act on a child, with special allegation of kidnapping a victim younger than age 14 for sex • 1 count of false imprisonment by violence with special allegations of use of force, violent sex offenses, a stranger victim, and substantial sexual conduct with someone younger than 14
Phillip Garrido is also charged with a special allegation of 2/3 strikes because he has two prior convictions for kidnapping and forcible rape.

The couple is accused of keeping Dugard in sheds in their backyard for 18 years. While in captivity, Dugard bore two children, now 11 and 15, that Garrido fathered. The kids have never seen a doctor or gone to school.

On Tuesday, Garrido and his two daughters were stopped at the University of California at Berkeley campus where he was trying to give out literature and speak. Police approached him because they felt that the dynamic between him and the two girls was “suspicious.” A background check revealed that Garrido had been convicted for kidnapping and rape in 1971 and had served time in prison.

Garrido was asked to appear at his parole office the following day. He showed up with his wife and a woman named Allissa. The parole officer had never seen Allissa or the two girls. Allissa was later identified as Dugard and Garrido has admitted to kidnapping her. Phillip says he is relieved that he was finally caught. Police had been searching for Dugard for almost two decades.

Couple faces 29 felony counts, life in jail in kidnapping, CNN.com, August 28, 2009
Jaycee Lee Dugard Found After 18 Years, Kidnap Suspect Allegedly Fathered Her Kids, ABC News, August 27, 2009
Related Web Resources:
Map: Antioch home of Garrido and Jaycee Lee Dugard, Mercury News, August 27, 2009
Jaycee Dugard is Missing, MySpace Page Continue reading

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Earlier in the week, I began a blog posting reminding you that, although you may think it could never happen, the criminal justice finger of accusation can suddenly arrive at your doorstep. This is true anywhere in the country. It is certainly true here in Boston where the dial of a cell phone can easily result in the need for a lawyer.

Today, I am referring to the type of matter which seems to most surprise my clients when they are suddenly face to face with law enforcement and the Commonwealth Bracelets of Shame. It involves the category of crime now known as “Domestic Violence“.

In days past, these crimes, like drunk driving, were not taken seriously enough. The police would hear of a wife-beating and the courts would basically treat the problem as a simple “family issue”. Few people were sent to jail; more people ended up dead. Usually the battered spouse. Our legal system has fixed that…and…as is common…gone over to the other extreme.

Where you aware that when the police come to your home after a report of domestic violence that, in their words, “someone is going to jail”? Now, true, there are a few exceptions, but the procedure these days is that one of the occupants in the reported disturbance is about to be the guest of the Commonwealth, even if only for a short time. Rest-assured, however, a criminal prosecution is coming. In fact, in most cases, a Clerk Magistrate’s Hearing to determine probable cause is not even available. The case goes right to arraignment and bail arguments…which means right to the defendant’s criminal record.
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It’s been awhile since the Boston Criminal Lawyer Blog reviewed a story about a high speed chase. Today we discuss a racer who recently tried his luck against law enforcement. He won the runner – up prize; namely, the need for a criminal defense attorney.

The nearly 30-minute chase began after the Defendant fled from the scene of an accident. He is also said to have been driving with a suspended license.

James P., 42 of Pembroke (hereinafter, the “Defendant”) led the police on the chase on Sunday. The chase included driving in the wrong direction on each side of Route 24, speeds up to 90 miles per hour and sparks flying from two of his tires that were worn down to the rims. It ended with the Defendant’s arrest…seven years to the day after police had arrested him after another high-speed chase.
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R & B singer Chris Brown has been ordered to serve five years’ probation, in addition to six months of community labor and one-year of domestic violence abuse counseling, for assaulting performer Rihanna. If he violates the terms of his probation, Los Angeles Superior Court Judge Patricia Schnegg told the performer he could be sent to state prison.

Brown was arrested last February following an altercation with then-girlfriend Rihanna. Police were summoned after someone heard her screaming for help. Brown is accused of physically attacking her while they were riding in a sports car during a verbal dispute. He is accused of punching her, placing her in a headlock, and threatening to beat and kill her.

Rihanna did not press criminal charges against Brown, who was charged with felony battery and making criminal threats over their domestic violence dispute. He had initially pleaded not guilty to the charges and could have been ordered to serve five years in prison if convicted.

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According to law enforcement, the Los Angeles County Coroner has ruled that Michael Jackson’s death was a homicide.. On Monday, court documents were released that indicated that Jackson died of an overdose of propofol, a powerful sedative he was given to help him sleep. This, of course, increases the likelihood that Doctor Conrad Murray is about to experience the criminal justice system as he has been the apparent target of the manslaughter investigation. Be assured, though, his lawyer is prepared.

Dr. Murray’s attorney has already begun the defense by claiming that the police timeline of Jackson’s death is not accurate. Dr. Murray himself, who was said to be cooperating with the police investigation, released a YouTube video last week, as if from a bunker, thanking his supporters. This week, his position is that he told police the truth, but that said truth has been ignored or changed.

The bottom line for the coroner, however, is that the fatal combination of drugs given to Jackson hours before he died on June 25th in his rented Los Angeles mansion acted together with to cause Jackson’s death.
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Do you think the nightmare cannot find its way to your house? A Natick couple, who happen to be attorneys themselves, are learning that it can come to anyone’s door. The nightmare of which I speak is the criminal justice finger of accusation. The parents are well-known respected lawyers in the Boston area. Their son has been accused of selling marijuana.

That might be bad enough. But the couple’s 20-year old son (hereinafter, the “Defendant”), according to court documents, instead of offering up friends as co-defendants, has offered up mom and step-dad to the authorities. He claims that they knew about his drug business and failed to stop it. They have, as one might expect, denied the allegations.

The Defendant was arrested last Friday after Natick police served a search warrant at his family’s home. Police say that they found 15 bags of marijuana, a scale and other paraphernalia, and three weapons: a shotgun, a set of brass knuckles, and a double-edged throwing knife.

According to a police report, the Defendant told officers that his stepfather helped him build a grow room for the marijuana and shared in his drug dealing profits. He also alleged that his mother instructed him to burn marijuana he had before calling police about a shooting at the family home on July 31.

According to the police report, detectives started investigating the Defendant after he was shot in the hand during a home invasion reported July 31.
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Boston-area police have been searching for two suspects in connection with a reported rape in the Coolidge Corner area of Brookline. Today, an arrest was made.

Brookline Police say that they believe that the man they arrested this morning is one of the two alleged rapists who abducted and raped a 30-year old woman as she left a taxi on Harvard Street early Tuesday morning. The arrest came after the police spotted a red pickup truck that matched the truck used in the attack. Two Boston police officers working in Brighton saw the vehicle. They then passed on the information to investigators in Brookline.

Authorities continue to search for the second suspect. No additional information was released about the arrest, but a press release will be issued later today said the police spokesman.
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The police in Haverhill Massachusetts got lucky recently. They got a “two-for”. They were investigating an arson case. However, due to what they found, they arrested another gentleman who now needs a lawyer for a different type of case.

The detectives were canvassing an apartment building which had been, the scene of three Sunday morning fires, when they stumbled upon a case of sexual abuse of a 12-year-old boy,

“It was the last thing we expected to find,” a police spokesman, Police Officer Zipper, said. “The nature of police work is turning over stones.”

The detectives had gone to the apartment of accused arsonist Patricia M. (herein after, the “Arson Defendant”) on a Monday night to talk to other occupants. It was there that they met the boy and Jeffrey P. 39, (hereinafter, the “Sex Defendant”) in the apartment. Through questioning, they learned that the Sex Defendant and the boy shared a bed.

After further questioning, and the wading through what the police call “stark inconsistencies”, the Sex Defendant apparently ended up admitting to having sex with the boy several times. The boy ended up confirming the admission.
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The Massachusetts Supreme Judicial Court says that people convicted of sexual crimes before 2006 do not have to wear GPS devices if they violate parole or probation. The decision split the court 4-3. The majority, however, said that the law cannot be applied retroactively.

The case involves a Bristol County sex offender who was convicted in 1997. Russell M. Cory pled guilty to indecent assault and battery on a child. He served time in prison for several years and was ordered to serve 25 years probation.

Cory left prison in May 2006. He did not take part in mandatory counseling sessions or treatment. Soon after the 2006 law went into effect, Cory was ordered to wear a GPS for violating his probation. Cory, a Level 3 sex offender, is back in jail.

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