Boston Criminal Lawyer Blog

April 7, 2009

Boston Criminal Attorney/Defendant “Not Guilty” Of Assault…Again

He is a famous Boston Defense Attorney…but not necessarily for his legal work. Mainly, it is his role of client that has brought Attorney Gary Z, 37, (hereinafter, the “Defendant”) to his present notoriety. Well, there was also that 2001 People Magazine that named him as one of the “hottest” bachelors around…!

But I digress.

The Defendant, a former prosecutor in Suffolk County, has been spending alot of time, both in and out of state, at the table on the other side of the room for the past few years. These matters included things like rape allegations brought by three different complainants.

All three complainants lost; the Defendant was acquitted twice; the third case was dismissed.

Most recently, the Defendant was on trial at the Boston Municipal Court for charges of Massachusetts assault and battery . He was accused of assaulting Boston police Sgt. David O’Connor along with the accompanying charges of disorderly conduct and resisting arrest. The allegations resulted from a June 18th Celtics game which erupted in what has been called “NBA Championship Fendemonium”.

O’Connor alleges the Defendant slugged him and fled when the officer caught him urinating in public. The Defendant, however, maintains it was he who was the victim of a vicious downtown beatdown by a half-dozen cops.
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April 6, 2009

Criminal Defense Attorney Wins Search Issue In Drugs And Guns Case

by Altman & Altman

The city of Lynn’s top cop, Police Chief John Suslak, is unhappy. His ire has been raised by a ruling by the Supreme Judicial Court in Boston. On Friday, he joined law enforcement officials across the state in saying that the decision barring police from frisking suspected drug dealers for weapons in most cases endangers officers. To said officials, those pesky defense attorneys have done it again. More loopholes for criminal defendants to slip through.

To said attorneys, however, as well as the Court, those “loopholes” are Constitutional safeguards.

Last week, the SJC, the Commonwealth’s highest court, ordered police to stop pat-frisking suspected drug dealers for weapons unless they have specific information the person is armed or has a history of violence. One member of the Court disagreed with the majority, claiming that the ruling puts police officers in jeopardy. Various members of law enforcement agree with that dissenting opinion and Chief Suslak.

“Police work by its nature is dangerous, and drug work is even more so,” said Lawrence Police Chief John Romero. “We will comply with the ruling . . . but it’s going to put officers at risk.” Suffolk District Attorney Daniel F. Conley, however, is not so compliant. He has said that he wants Boston police officers to protect themselves and that he is prepared to lose some cases if a judge rules drugs were found after an illegal pat frisk.
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April 3, 2009

Child Rape And Assault Cases Reviewed By An Experienced Boston Criminal Defense Lawyer

by Altman & Altman

Two disturbing stories involving the victimization of young girls have recently surfaced. The facts alleged in both cases defy belief…for most people. I, however, have been a criminal defense attorney in Boston for over nearly 20 years. Before that, I was a prosecutor in Brooklyn. I am sorry to say that these fact scenarios, horrific as they are, are not totally new to me.

In fact, I have handled similar cases.

You have probably already heard about the first of these stories – it was all over the news on Thursday. It involves a mother who has been accused of stabbing her 2-year-daughter with a scissors and trying to strangle her with an electrical cord in Gardner Wednesday night.

Susan J., 38,(hereinafter, the “Mother”) allegedly stabbed her daughter in the torso, head, and neck in a laundry room of an apartment building. The child was rushed to Heywood Hospital in Gardner and taken into custody of the Department of Children and Families.

When police arrived at the apartment building, a security guard had pinned the Mother to the floor of the laundry room, keeping her away from her bleeding daughter. Police arrested the Mother on charges that include attempted murder, armed assault with intent to murder, and assault and battery on a child with injury.
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April 2, 2009

Melrose YMCA Girls Basketball Coach Indicted on 20 Massachusetts Criminal Charges for Allegedly Sexual Assaulting Two Young Girls

by Altman & Altman

In Massachusetts, Melrose YMCA girls basketball coach James Conner has been indicted on 20 criminal charges for his alleged sexual assault of two girls. The 51-year-old North Reading resident is also accused of videotaping the incidents using hidden cameras. Prosecutors say they plan to use the video evidence in their case against Conner.

Among the charges against him are four counts of indecent assault and battery on a child, five counts of rape of a child, two counts of posing a child in sexual conduct, two counts of posing a child in a state of nudity, interception of oral communication, photographing/videotaping a naked person without their knowledge, and witness intimidation.

The girls basketball coach was arrested last month and charged with raping one of his players. An investigation into the allegations led to the other rape victim, as well as more charges.

At the time of the alleged sexual assault incidents, the girls were younger than 14. The crimes reportedly took place at Conner’s home and at YMCA events.

In an unrelated incident, a Massachusetts man was sentenced to life in prison for the rape of a 6-year-old boy in a public library. Corey Dean Saunders, 27, pleaded guilty to the rape charge last month. He admitted that he got the boy to join him in the reading room while his mother was on a nearby computer. He will be up for parole in 15 years.

Massachusetts Sexual Crimes
The state of Massachusetts takes a tough stance against people convicted of raping minors. A person convicted of the forcible rape of a child under 16 years of age could end up spending the rest of his or her life in prison. This is why it is so important that you retain the services of an experienced Boston sexual crimes attorney who can defend you.

Melrose YMCA coach indicted on 20 charges, Boston.com, April 2, 2009
Mass. man charged in library rape gets life, Associated Press, April 2, 2009
YMCA Coach Indicted On Child Rape Charges, The Boston Channel, April 2, 2009

Related Web Resources:
Information for Sex Offenders, Mass.gov
How To Survive in Prison as an Innocent Man Convicted of a Sex Crime, IPT Journal, 1997 Continue reading

April 2, 2009

Guns, Drugs and Assaults Result In Home Imprisonment North Of Boston

by Altman & Altman

Eric S., 46, of North Andover, (hereinafter, the “Defendant”) is home again…for now. In fact, he is actually confined to his home and ordered to wear a bracelet monitoring system. Through the apparently successful arguments of his attorney, he is not being held in jail without bail.

But it was a close call.

The Defendant’s latest round of legal trouble resulted from a the execution of a search warrant which was served at his home on March 23rd. Police say that they found a .38-caliber revolver, 12 grams of cocaine, $70,000 cash, and pills believed to be oxycodone and Ecstasy. He was charged with possession of a firearm without a license, possession of cocaine with intent to distribute, and possession of cocaine.

That was not the start of his problems, however. The previous evening, he had been arrested as well. That time is was on another kind of warrant – arrest warrants. The warrants had been issued in Tyngsborough where police say that he was involved in an incident early Sunday morning, March 22, at Angela’s Coal Fired Pizza, a restaurant owned by his wife.

During the Sunday morning incident, the Defendant allegedly beat a manager of the restaurant with a baseball bat, stuck a gun in his mouth and accused him of stealing $20,000 cash. The manager suffered a cut lip requiring stitches and bruises on his body from repeated strikes with the bat, police said.

For that incident, the Defendant was charged with kidnapping, assault and battery with a dangerous weapon, and threatening to commit murder.
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April 1, 2009

A Bomb Threat Is Not A Good Defense To Probation Violations

by Altman & Altman

As last week came to a close in Lawrence, Massachusetts, its district court had a little excitement. A bomb scare was declared. Now, those believed behind the scare are facing criminal charges and need lawyers.

The reason for the bomb scare?

Perspective probation violation.

Yes, the police allege that Jamiel W.,18 (hereinafter, the “Defendant”) had been scheduled for a drug analysis test. It was a part of his probation requirements. It was also a test that he believed he would not pass.

Failing the test could land him back in jail.

Unfortunately for the Defendant, law enforcement tends to take things like bomb scares fairly seriously given that this is the age of terrorism.
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March 31, 2009

Boston Road Drunk Driver Asked, “Do You Want A Lawyer With That Burger?”

by Altman & Altman

Raymond A., 51, of Hampden, (hereinafter, the “Defendant”) was hungry. He just wanted a burger. But he was watched by an ambulance driver. Now, he needs an attorney.

Springfield District Court was the venue for the Defendant’s little adventure to end. According to law enforcement, he had been driving under the influence of alcohol.

The adventure began at approximately 2:00 a.m. as an AMR ambulance driver observed the Defendant’s pickup truck driving erratically in AMR’s parking lot, according to Sgt. John M. Delaney, executive aide to Police Commissioner William J. Fitchet.

Perhaps thinking that his services might be needed at any moment, the ambulance driver followed the truck.

She did this while keeping the police informed of the truck’s route of travel while keeping it in sight.

Finally, she followed the truck into a McDonalds on Boston Road, where the Defendant, the driver of the truck, attempted to order food from a drive-up window.

There was a problem with the service…there wasn’t any. The place was closed.
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March 31, 2009

Holbrook Police Investigate Massachusetts Sexting Case Involving Teen Minors Having Sex on Video; Statutory Rape Charge May Be Filed

by Altman & Altman

In Massachusetts, Holbrook police are investigating a complaint by a juvenile girl that videotaped footage of her having having sexual intercourse with her boyfriend was texted to classmates and friends. Both the girl and her boyfriend are minors. The Norfolk District Attorney is investigating the girl’s claims and a “statutory rape” charge may be filed.

This is not the first Massachusetts sexting incident to garner media attention. Earlier this month, three students from Mansfield High School were suspended. They are accused of downloading naked pictures of a classmate who is a minor. The pictures were also posted on the Internet and handed out in print format around the Massachusetts school.

Last month, a number of middle school students in Falmouth were accused of transmitting naked pictures of a 13-year-old female via text message. In January, over 100 cell phones in Billerica may have received and/or sent a naked picture of a 14-year-old girl.

In Massachusetts, sexting is being treated as a sexual crime that could result in adult charges and penalties, including time behind bars and mandatory registration as a sex offender. Meantime, prosecutors in other US states are also treating this latest teen craze seriously.

In Pennsylvania, a 15-year-old girl is suing a local prosecutor who is threatening to file an open lewdness charge against her and a friend for taking pictures of themselves in their bras and transmitting them via text. The teen, Marissa Miller, claims she did nothing wrong.

In another sexual crimes-related case involving a teenager using current technology to express her sexuality, child pornography and distribution of child pornography charges were filed in New Jersey against a 14-year-old girl who posted almost 30 nude pictures of herself on her MySpace Web site.

These arrests are sparking a debate on whether filing criminal charges is the right penalty for these teens, especially as many of them may not even be aware they are breaking the law.

‘Sext’ flick shocker: Holbrook police investigating phone video, Boston Herald, March 30, 2009
Girls threatened with porn charge sue prosecutor, AP, March 26, 2009
NJ girl, 14, arrested after posting nude pics on MySpace, Boston Herald, March 27, 2009

Related Web Resources:
Juvenile sex crimes far from uncommon, WickedLocal.com, February 10, 2009
‘Sexting’ in Massachusetts Could Lead to Child Pornography Charges and Sex Offender Status, Altman & Altman, LLP, March 24, 2009
“Sexting” Shockingly Common Among Teens, January 15, 2009
Massachusetts Sexual Offender Registry
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March 30, 2009

Boston-Area White Collar Suspect Found Guilty Of Embezzlement

by Altman & Altman

Late 2008 and 2009 (so far) may go down in history as one of the worst times nonprofit organizations have had in terms of thievery. The daily Boston Criminal Law Blog has spent a great deal of time discussing the Bernie Madoff nightmare as well as other white collar fiasco’s which have targeted individuals as well as charities.

Here’s another one for your collection.

Last Tuesday, Andrew M., 33, of Weymouth (hereinafter, the “Defendant”) was sentenced to two years in prison by federal court judge George A. O’Toole. He has been convicted on Massachusetts white collar crimes of stealing $130,202 from a non-profit Boston community health center over a two-year period. Specifically, he pleaded guilty to embezzling the money from Dimock Community Health Center Boston in October, 2008.

After he has served his time in custody, the Defendant will begin a three years of supervised probation.

As you may recall from earlier postings, the crime of embezzlement involves the intentionally mishandling of funds entrusted to you for your own personal gain. In the Defendant’s case, his duties had required him to maintain various financial accounts that included checking, savings, money market and payroll for Dimock. He was also responsible for conducting daily cash transactions for business purposes, maintaining financial reports and cash deposit slips.

Not a bad job for a guy who already had an extensive criminal record.
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March 27, 2009

North Of Boston-Prostitution Charges – The Sequel

by Altman & Altman

Yesterday, the daily Boston Criminal Lawyer Blog visited the subject of prostitution prosecution with more than a little sarcasm and attempts at humor. I trust I have made my position known as to prosecution prosecutions, not that you asked. The fact is, however, that prostitution is illegal regardless of my opinion. As such, being arrested for it can lead to jail time.
It can also ruin your life in other ways.

Take, for example, a recent case in Haverhill District Court. Malissa M., 29, (hereinafter, the “Defendant”), was arrested on charges of operating a house of prostitution. At the same time as her alleged crimes, she was on Massachusetts probation and going to school. She also had custody of her daughter.

Now? After she explained these concerns with the seemingly sympathetic police officers?

All three of these things, as well as her liberty, are at great risk.

The Defendant decided, instead of getting the advice of a lawyer first, to talk to law enforcement. The police often invite these types of conversations holding out the hope of leniency. Under Massachusetts law, they are allowed to mislead and blatantly lie, in order to gain a confession. Generally, there is no such leniency. In fact, it is not even the officers’ discretion once the district attorney becomes invo9lved. There is, however, a stronger case for the prosecution as a result of such statements.
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