Boston Criminal Lawyer Blog

May 13, 2009

Evidence that Federal Prosecutor Withheld in Massachusetts Gun Case Could Have Cleared Defendant

In the US District Court in Massachusetts, Assistant US Attorney Suzanne Sullivan is asking Judge Mark L. Wolf not to impose sanctions on her for withholding evidence in a Massachusetts gun case. The federal prosecutor says that she made a mistake when she did not introducing the evidence and she is asking for leniency. The evidence that she withheld could have cleared the defendant.

The federal prosecutor failed to reveal that the testimony that a Boston cop provided at a pretrial hearing contradicted what the office had told her numerous times. It was Judge Wolf who discovered that evidence had been withheld. In January, the judge dismissed the gun charges against Darwin E Jones, who was arrested in the 2007 Boston gun case, and a tentative plea agreement has been reached over Massachusetts drug charges filed against Jones.

Wolf says he is evaluating several sanctions that he could impose against Sullivan. Sanctions could include a fine and/or an order that she and all 90 prosecutors in her office undergo training regarding their constitutional obligation to not withhold this type of evidence.

Wolf says he doesn’t think Sullivan didn’t deliberately intend to not share the evidence but that she withheld the information is an act of reckless disregard and ignorance that is unpardonable. He says that prosecutors in the US Attorney’s Office tend to exhibit a pattern of withholding evidence.

The judge has asked US Attorney General Eric H. Holder to take action against prosecutors that neglect to share certain information that could set defendants free. Wolf notes that the Boston office has a history of committing violations that are “intentional and inadvertent.” His letter to Holder, dated April 23rd, noted not just Sullivan’s error but also Assistant U.S. Attorney Jeffrey Auerhahn’s misconduct against Vinnie Ferrrara and mistakes made during the Bulger era.

Prosecutorial Misconduct
Prosecutorial misconduct can adversely affect a defendant’s case. In certain cases, a person might have been exonerated if only the prosecutor hadn’t engaged in some form of misconduct. An experienced Boston criminal defense law firm can protect you from such misconduct and do everything possible to ensure the best outcome for your Massachusetts criminal case.

Some Examples of Prosecutorial Misconduct:

• Introducing inadmissible evidence in a case • Discriminating against jurors because of their gender or ethnicity
• Mischaracterizing evidence of facts • Withholding evidence • Tampering with evidence • Destroying evidence • Witness tampering • Issuing improper public statements about a suspect/defendant or a criminal case.

Federal prosecutor admits mistake, begs for leniency, Boston Globe, May 12, 2009
Mark Wolf not sheepish about exposing court misconduct, Boston Herald, April 29, 2009
Prosecutorial Misconduct, Justice Works
Related Web Resources:
Chief Judge Blasts US Attorney Over ‘Egregious Failure’ to Disclose, ABA Journal, January 27, 2009
United States Department of Justice
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May 12, 2009

Prosecuting Attorneys Seek To Continue Holding Suspects Arrested For Illegal Gun Possession In Jail Without Bail Pending Trial

by Altman & Altman

Monday saw the dawning of a new week. Boston-area newspapers, however, are discussing what is really an old problem. The subject of illegal possession of firearms is once again in focus. Let’s take a story from the town of Lawrence, for example. Police say that a 20 year old gentleman, Emmanuel M. (hereinafter, the “Defendant”) will now be needing the help of a criminal defense attorney due to his arrest early Saturday for firing a gun in the middle of West Street.

When police were dispatched to a pizza shop near Cross Street and Broadway shortly after midnight, they say they noticed the Defendant pull out a black handgun and begin to run.

Well, kinda run.

After tripping several times as he dodged police cruisers – bouncing off one – the Defendant is said to have thrown his gun over a 3-foot high fence on Holly St. as he was wrestled to the ground by Officer Carleton Trombly.

Officer Christopher Bussey assisted Trombly in arresting the Defendant. Police said they believe that the Defendant had been drinking as they smelled the odor of alcohol on his breath and found a 1-liter bottle of vodka in his backpack that was half full. The police also say they recovered a .22-caliber handgun with a spent casing in the chamber Continue reading

May 11, 2009

Suspects Arrested For Fraud, Harassment And Sex Crimes Linked To Craigslist

by Altman & Altman

In Massachusetts and beyond, criminal defense attorneys are seeing more and more arrests being linked to the recent scrutiny of Craigslist. Last week, we spoke of the matter of the “Craigslist Killer” and the attention he has brought to the website’s listing of sexually enticing advertisements. Now, it seems, the website is everywhere and eagerly mentioned when a resulting criminal matter goes to press.

For example, let’s take the case of 42-year-old Deryck R. (hereinafter, “Defendant 1”). He is, or was, a roommate to two sisters in Quincy. They now allege that, as one of the sisters stepped out of the shower, Defendant 1 was pointing a cell phone camera in her direction, filming her. The sisters called the police, who searched the apartment and found video equipment, laptops and a camcorder in Defendant 1’s room.

The sisters had found Defendant 1 through Craigslist. The headline of the story posted by Channel 7 News was “Craigslist roommate arrested after spying“.
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May 8, 2009

Drew Peterson Charged with Third Wife Kathleen Savio’s Murder

by Altman & Altman

More than five years after Kathleen Savio’s death, her husband, ex-police sergeant, Drew Peterson, has been charged with her murder. Savio was found in a dry bathtub with her head soaked in blood from a head wound. The cause of her death was originally determined to be accidental drowning, but that finding came into question after Peterson’s fourth wife, Stacy Peterson, went missing in 2007 and the former cop became the main suspect in her disappearance.

Savio’s family has long questioned whether her death was accidental and after Stacy’s disappearance, they had Savio’s body exhumed. Savio died right before her divorce settlement with Peterson was going to be finalized by a court, and her death left him as her primary beneficiary. Last month, they filed a wrongful death lawsuit against Peterson accusing him of beating and drowning her.

Now, authorities are saying that Savio was murdered and that the crime scene was arranged to look like she accidentally drowned. The indictment against Peterson accuses the 55-year-old of causing his then-wife to inhale fluid.

Police took Peterson into custody on Thursday afternoon. He is being held on $20 million bond. Peterson’s criminal defense attorney says that he will try to obtain a more “reasonable” bond for his client because he considers the amount excessive.

Prosecutors say they may use a new hearsay law that allows the words of murder victims to be used against the defendants that are accused of killing them. Family members say that Savio told her sister that if anything ever happened to her, Peterson would have been the one to kill her. If convicted for her murder, he could face up to sixty years in prison.

Meantime, Stacy Peterson has yet to be found. Police are saying she may have been murdered, but no charges have been filed in her death. Peterson has said that he believes that his wife, then 23, ran away with another man.

Drew Peterson Arrested, but will it stick?, MSNBC.com, May 8, 2009
Savio’s family files lawsuit claiming Drew Peterson beat, drowned third wife, Chicago Sun-Times, April 22, 2009
Related Web Resources:
New Illinois hearsay law to shape Peterson case, Cleveland.com
Drew Peterson timeline, Chicago Sun-Times, May 7, 2009 Continue reading

May 8, 2009

Boston And Other Prosecuting Attorneys Target Craigslist And Prostitution In Murder And Robbery Cases

by Altman & Altman

Boston, Rhode Island and the rest of the country are watching the criminal charges against infamous alleged “Craigslist Killer” Phillip M. (hereinafter, the “Defendant”) pile up. Along with the criminal charges, are character flaws such as an addiction to gambling. In the meantime, various prosecuting attorneys are looking for new and different charges and criticism to heap onto the pile of suspicion and innuendo and, of course, people to blame.

And so it is not surprising that, as in the case of white collar crime superstar Madoff, the finger of blame is pointing in various directions, including those we have been discussing this past week.

By now, you probably know of the alleged story of the Defendant. Along with his fiancé, he was pulled over in Interstate 95 one fine Monday as the couple were driving to Foxwoods Resort Casino. The destination was considered noteworthy by Suffolk County District Attorney Daniel F. Conely because of a believed “strong link” between gambling and the Defendant’s alleged crimes. In case you have been living in a media-free zone, the Defendant, a Boston University medical school student, has been charged with f murder and armed robbery.

The Defendant’s alleged victims are believed to have met him through their advertisements on Craigslist. The advertisements involved the offering of “erotic massage” services which authorities believe were actually illegal escort, or prostitution services. The murder victim was found on the 20th floor of the Marriott Copley Hotel, having been shot three times and brutally bludgeoned.

Prosecutors say that the Defendant is also guilty of kidnapping and robbing another alleged prostitute who was found tied up at the Westin Copley in the Back Bay.

At first, the Defendant’s fiancé was an ardent defender of her beau. In fact, she issued the statement, ” All I have to say to you is Philip is a beautiful person inside and out and could not hurt a fly! A police officer in Boston (or many) is trying to make big bucks by selling this false story to the TV stations. What else is new?? Philip is an intelligent man who is just trying to live his life so if you could leave us alone we would greatly appreciate it. We expect to marry in August and share a wonderful, meaningful life together.”

Since then, her attorney has announced that that wedding, originally planned for this summer, “will not occur” and is not likely to happen at any time in the future.
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May 7, 2009

Sex for sale. A Boston criminal lawyer’s view of prostitution and the new internet sex trade industry

by Altman & Altman

The city of Boston used to have an area known as the “Combat Zone”. It was around the theatre district. In fact, the building that now houses the Department of Motor Vehicles used to be a store selling xxx-rated movies and books and prostitutes prowling the streets. That has all been “cleaned out” from the area the chase of crimes of morality is still on.

Chapter 272 of the Massachusetts General Laws deals with these so-called “CRIMES AGAINST CHASTITY, MORALITY, DECENCY AND GOOD ORDER“. Prepare yourself, though, before you read it. For example, “fornication”, otherwise known as sexual intercourse between two unmarried consenting adults, is still on the books as illegal and punishable by jail time. Adultery is still a crime which can send a defendant away for two years and this law has been upheld as Constitutional by the Supreme Judicial Court as late as 1983!

Blasphemy, however, is only punishable for one year incarceration, so we may be lightening up after all.

Not too many criminal defense attorneys are called upon to defend charges of fornication, adultery or even blasphemy these days. However, the laws surrounding the sex trade have undergone changes. These changes are not in attitude, but in application. For example, today, particularly with the internet, the trade has moved onto other venues.

Law enforcement remains in hot pursuit.
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May 6, 2009

Boston Prostitute Violates Probation In Extortion Case And Is Sentenced To Halfway House

by Altman & Altman

Workers in the sex trade have been in the news lately. First of all, we have heard a great deal about them as victims, as in the case of the so-called “Craig’s List Killer”. Some have been in trouble for things other than prostitution. For example, awhile ago, the Boston Criminal Lawyer Blog told you about an enterprising lass who had had a long-standing money-for-sex relationship with an older wealthy gentleman. When he decided to end what he called a “last hurrah”, she made a decision of her own – to blackmail him.

To refresh your memory, you may want to read the original postings, which can be found on the postings on 2/18/09 and 2/19/09.

While it is my usual practice to give the first name, last initial and age of people who populate the judicial system, law enforcement and the courts have found it vital to give no information about the complainant involved in this matter. Therefore, I think it only fair to only refer to the young lady as the “Defendant”, with no other identifying information in this blog.

You may recall that the Defendant was given a lenient federal sentence in exchange for keeping her former customer’s name a secret. We will call him “John”. She had allegedly threatened to expose John unless he paid her money.

A great deal of money.

$280,000 of money.

No, there are no rights to palimony for prostitutes recognized in the Commonwealth.
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May 6, 2009

Illegal Gun Possession is a Victimless Crime, Says Massachusetts’s Supreme Judicial Court

by Altman & Altman

In Massachusetts, the state’s highest court says that defendants solely charged with illegal gun possession cannot be held without bail on the grounds that they might pose a danger to others. The Supreme Judicial Court says illegal gun possession alone is a crime that has no victims and is passive.

The SJC’s 4-1 ruling rejects Bristol District Attorney Samuel Sutter’s efforts to detained anyone charged with illegally possessing a gun prior to trial in his jurisdiction. Massachusett’s high court heard the case because a lower court would not allow Sutter to hold several people on gun charges for 90 days.

The court’s majority noted that the crime is not included in law 58A, which lists the charges that should come with a dangerousness hearing. Justice Spina noted that it is the illegal use of a fire arm and not the mere illegal possession of the weapon that poses a risk of physical harm.

As a result of the SJC ruling, eight criminal defendants in Bristol County can now go free. Sutter says that he will now try to push for at least $25,000 bail. He also wants the state legislature to amend the dangerousness statute so that gun possession cases are included.

Dangerousness hearings are held to determine whether releasing a defendant on bail will pose a danger to others. A judge can opt not to release the person or to impose a large bail sum if the defendant is determined to be dangerous. Sutter had argued that the statute contains language that gives him the authority to insist that dangerousness hearings be held for criminal defendants that have been charged in the last several years.

A bill that Sutter helped draft two years would allow defendants be held without bail for 120 days, rather than the current 90-days. Since is election in 2006, his office says that reports of shots fired in areas under his watch have declined:

• New Bedford: by 40%
• Fall River: by 34%
• Taunton: by 25
SJC calls illegal gun possession victimless, Boston.com, May 5, 2009
Ruling hurts Sutter’s firearms policy, Wicked Local, May 4, 2009

Bristol District Attorney Samuel Sutter
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May 5, 2009

Experienced Boston Criminal Defense Attoney Unable To Blog

by Altman & Altman

Unfortunately, Attorney Samuel Goldberg is unable to post this morning due to his court schedule.

Stay tuned, however, for the rest of this week, which will have a theme. The theme concerns Sex, Money, Deceit and Murder.

Yes, that means it will include, but not be limited to, the so-called “Craig’s List Killer”. It will also include an update on one of our previous postings.

May 4, 2009

Limo driver arrested for driving drunk -was driving high school students at time of arrest- loss of license and maybe job to follow

by Altman & Altman

‘Tis the season of high school proms. As a parent, I know the worry about what
“the kids” are doing out there. It did not occur to me that the adults in charge of the kids might need some worrying too. However, take Boston-area limosine driver, Brain H., 45 of Tewksbury, (hereinafter, the “Defendant”). Friday night, he was given the news that when this week began, he would be trading in his license for a new relationship…with a criminal defense attorney,

He was arrested in Lowell and charged with operating under the influence of alcohol…while transporting a group of high school students after the prom.

You see, a group of Lowell Catholic High School students hired the limosine from Lynette’s Limousine Service for the prom on Friday evening. However, during the outing, according to police, two of the girls noticed that the driver was driving erratically. One of them called a parent when the limo stopped at the Showcase Cinema at 32 Reiss Ave., police said.

Apparently, the students became suspicious that the Defendant ‘s driving abilities had been hampered by drinking during the trip because he kept getting lost and repeatedly veered onto the rumble strips on the side of the road. According to the students, the situation got so bad that the students demanded that the Defendant pull over the limousine, which is why they stopped in the movie theater parking lot.

Officers said the parent who had been called immediately contacted Lowell police and the Defendant was arrested at the movie theater at 11:40 p.m.

According to police, the Defendant had initially left the area when the students refused to get back into the car, but returned shortly after, pleaded for the students to forgive him, and tried to convince them to get back into the limo. At one point he is said to have “…actually put his hands in the praying position and said ‘Please, I’m sorry, I made a mistake,” according to the students.

The students did not go for it and the parents are likewise not in a forgiving mood.
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