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Today’s posting of the daily Boston Criminal Lawyer’s Blog takes us back in history. It is a history remembered, however, kept alive by Fall River’s Herald a day or so ago. Actually, in reprinting the article online, they even provided a You Tube video tape of the Fall River Public Library’s presentation of the story to the Fall River History Club introducing the story about the “bad family” involved.

The story fits with this week’s motif of alcohol and crime, so I figured I would treat you to a some Massachusetts history. No extra charge.

The elements of the event could well have been taken from newspaper heading of today. They included a teenager under the influence of a controlled substance, a robbery and a shotgun blast to the face.

The deceased was John Bullock. The year was June 19, 1862. The place was Freetown..

Obed Reynolds was the 17 year old lad (hereinafter, the “Defendant”) who apparently pulled the trigger. He was drunk on not only liquor, but gunpowder. No, not in the figurative sense such as in “he is drunk with power“. Reynolds was actually intoxicated on a concoction of alcohol and gunpowder. He told investigators that the combination helped to give him courage.
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Ahhh…summer! Time for hitting the beaches, cookouts and, as I have said before, Jimmy Buffett tunes. Today, I am reminded of another of Buffett’s songs, namely “Boat Drinks”. Maybe it is because I am dropping off my son at a boat this morning, but more likely it is because I am reminded about a crime that few people are arrested for although we know it happens a great deal. It is one area in Boston-area criminal defense one does not find many specialists.

The crime is boating while intoxicated.

For many, alcohol is as much a part of boating culture as sunscreen and fun. But in Massachusetts, where more than 140,000 recreational boaters cruise the waterways, intoxicated skippers are rarely arrested. For example, last year, boating under the influence charges were brought against just six people.

This is apparently not the same nationwide. For example, last year, Indiana had 121 such arrests. Missouri boasts 17 such arrests at on-the-water sobriety checkpoints in just one weekend.
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The website Boston.Com has a story that is probably meant to give us a feeling of justice. It concerns one Kenneth Waters. Mr. Waters spent more than 18 years in prison after being convicted of murder. There, he passed through all of the “safeguards” that we have put in place, namely appeals, as the world around him passed him by. Finally, he got DNA that was at the scene tested. Between that and other newly discovered evidence, he was exonerated. The town of Ayer, who had brought the charges and investigated the crime in the first place had now agreed to pay $3.4 million to settle the civil rights lawsuit on Mr. Water’s behalf, Attorney Barry Scheck of the Innocence Project announced yesterday.

Of course, it is not likely to do Mr. Waters too much good; he is dead.

The lawsuit was filed by Mr. Water’s estate. The investigation which finally led to the truth in the murder for which Mr. Waters was convicted was not conducted by the town, state or even federal authorities.

It was led by his sister who, after he brother, in whom she believed, was wrongfully convicted, went to law school, and became a lawyer and started the “good fight” of freeing her brother.
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In Massachusetts, 49-year-old Abington resident Michael McGunigle is now charged with manslaughter over the death of another Abington man. McGunigle, 48, is accused of punching Brian Cherry on July 6 during an argument.

The altercation between the two Abington men allegedly occurred after Cherry asked McGunigle to restrain his dog. McGunigle’s pet was barking, jumping at people, and scaring some of kids.

Cherry, who was knocked off his feet by the alleged punch, landed on the pavement. His head struck the ground and he sustained traumatic brain injuries. He died on Sunday.

McGunigle had initially been charged with aggravated assault over the incident. He pleaded not guilty and was out on $3,000 bail. After an autopsy was conducted on Cherry’s body, however, the Plymouth district attorney’s office changed the criminal charge to manslaughter. They are calling Cherry’s death a homicide because his cause of death was injury due to blunt force trauma.

Today, McGunigle turned himself in. At his arraignment in Brockton District Court, the Abington man was ordered held on $50,000 bail.

McGunigle maintains that Cherry was the aggressor.

A Massachusetts criminal charge for manslaughter is a serious offense that could lead to years behind bars if you are convicted. It can be especially tough to receive the fair trial that you are entitled to if the court of public opinion is against you. For instance, the media may portray you in an unflattering light or tell the story about your case in such a way that you appear to be guilty even if you haven’t been convicted in a court of law.

A good Boston criminal defense law firm will know how to navigate through the obstacles that can get in the way of you getting the fair treatment that you deserve under Massachusetts law.

Fight over barking dog leads to upgraded manslaughter charge, Boston.com, July 15, 2009
Wife: Man In Coma After Dispute Over Dog, WCVB TV, July 9, 2009
Related Web Resource:
Manslaughter, The General Laws of Massachusetts Continue reading

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Hey, remember the old days when a person actually did not have to talk to the police if he did not want to? Those were the days when we had the right to remain silent and…wait a minute. That’s today. So, now I am confused. Why is someone in the Boston area in need of a criminal defense attorney because of his dealings with the police?

I mean, if you can refuse to talk to the police officers, you can lie alittle to protect yourself, can’t you? After all, the law is clear that the police are allowed to lie to non-police types. Fair is fair, right?

Uhh….no. Actually, that would be a felony.

It is a lesson that a co-owner of a Boston nightclub, Shawn D. 29, of Billerica (hereinafter, the “Defendant”) is learning. He has been indicted for allegedly destroying evidence and lying to Boston police as they investigated a shooting outside his nightclub on New Year’s Day.
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To me, summer is best symbolized by the recording artist, Jimmy Buffett. In fact, one of my favorite songs of his is “Weather Is Here, Wish You Were Beautiful”. Summer is a season that is short-lived here in the Boston area. If one counted how many really nice days we usually get,…well, it is kind of depressing. We all know that the weather can effect moods. However, did you know that it can also control the need for criminal defense attorneys?

Southwick Police Officer Tom Krutka says he sees an increase during this time of year of a particular crime. He says that outdoor barbecues and holiday parties often involve alcohol. After the parties, folks hit the road…which often means operating under the influence of alcohol. He even sees a difference depending on the weather. Nicer weather…more drunk drivers.

Officer Krutka warns that “buzzed driving” is enough to get someone in trouble. Even one or two drinks, depending on the person, can get you arrested. “That’s just the beginning”, he continues. “If it turns out to be an accident, you effect the person you hit, the family the community, your family your life, financial burden it goes a long way.”

Well, he is right, of course. Drunk driving, and any resulting arrests, can ruin the lives of a lot of people.
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Kristen LaBrie, a 37-year-old Salem mother, has pleaded not guilty to the attempted murder of her son. LaBrie is accused of withholding her son’s cancer treatment before his death. Jeremy, 9, was autistic.

In October 2006, Jeremy was diagnosed with non-Hodgkins lymphoma. Doctors gave him an 85-90% chance of recovery. Following chemotherapy treatment, his cancer went into remission.

Prosecutors are accusing LaBrie of child endangerment, permitting substantial bodily injury to a child, and permitting serious bodily injury to a disabled person. They claim that LaBrie did not fill her son’s prescriptions for months, allowed him to miss doctors appointments, and never asked staffers at Massachusetts General Hospital for help.

After the boy’s cancer returned, Fraser, who was given custody of Jeremy, placed him in a hospice. The boy died last March.

LaBrie’s Massachusetts criminal defense lawyer says that the 37-year-old mother is a victim in this case because Jeremy’s father, Eric Fraser, abandoned the boy with his mother. From 2006 to 2008, LaBrie was the only one responsible for taking care of their son. Fraser was given custody of Jeremy in 2008.

LaBrie says that she and her son fought his illness together. She says the true story of what happened will emerge in court.

If convicted, LaBrie could face up to 40 years in prison.

Child Endangerment
Under Massachusetts law, the crime of child endangerment involves the reckless or wanton conduct that causes risk of serious injury to someone under age 18. Serious bodily injury may involve permanent disfigurement, impairment of a bodily function, organ, or limb, or substantial risk of death.

If you have been accused of endangering a child in Massachusetts, it is important that the criminal defense team that you hire knows how to defend you against this charge. This is a serious criminal offense.

Salem mother pleads not guilty to withholding son’s cancer treatment, Boston.com, July 6, 2009
Mom denies withholding son’s medications, MSNBC, July 6, 2009

Related Web Resource:
The General Laws of Massachusetts
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Two scenarios. In the first one, you are on the streets of Boston when you are placed under arrest. The police bring you to court in due time. As you get out of the transport, there is a crowd of people outside yelling questions. You do not see them too well because you have to keep diverting your eyes from all the flashbulbs. In the second scenario, you have heard the rumblings of an investigation amid your colleagues; you seem to be its target. Everybody is treating you differently. You are scared, although you smartly have already hired an experienced criminal defense attorney. You feel that your rights are being violated every day and you have had it. You call your lawyer and tell her that you want to expose all this unfairness to the media. She says, “Not yet”.

These two scenarios are not far-fetched and they could happen anywhere at virtually any time. Both are scenarios my clients have faced. The scenes are harbingers of what is to come. Their message is, “You are about to witness, first hand, how Justice changes when the media circus roams into the criminal justice tents.”

Unless someone involved is already a celebrity, this will happen most often in cases involving homicide or sexual assault. If you are a celebrity, such as the late Michael Jackson, you simply have to be involved. When Michael was charged with, and then on trial for, a sexual assault, it was basically the number one news story. This week, as he was laid to rest, Michael was on top of the headlines again, albeit in another criminal justice role. Now, there is question of whether he was the victim of some kind of homicide.
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Aiden Quinn, the 24-year-old Green Line train operator who was text messaging his girlfriend when the train he was operating rear-ended another trolley has been indicted on a negligence charge. Three trolley cars were destroyed in the May 2009 Boston train accident that resulted in $9 million in damages. 62 people were injured.

According to investigators, Quinn was texting on his cell phone and not look at the track when he ran a yellow light and then a red light before striking another train. While none of the Massachusetts train accident injuries were fatal, one woman with a broken pelvis may never be able to walk again, and a teenager who broke her vertebrae sustained a concussion. The negligence charge he was indicted for comes with a maximum three-year prison sentence.

In another Massachusetts case involving a serious car accident, 21-year-old Falmouth resident Jonathan Muir has been charged with motor vehicle homicide while operating under the influence of alcohol, serious bodily injury while under the influence of alcohol, failure to stay within marked lanes, operating negligently so as to endanger, and speeding. He is accused of losing control of his Porsche at around 1:30 am on June 29.

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This is the week of media, Michael Jackson and criminal justice. And the (usually) daily Boston Criminal Lawyer Blog is following those fine traditions today.

Remember back to Michael’s trial? Remember how he came late to court a few times and the judge got mad and ordered him in one morning? As I recall, he showed up in his pajamas. Well, I will be wearing a suit, but because I have to run off earlier than expected, I am afraid that today’s blog which is the weekly “Attorney Sam’s Take” is going to have to be delayed one day.

On television, they would call this a “cliffhanger”.

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