Boston Criminal Lawyer Blog

March 11, 2009

Former Boston Hit And Run Driver Must Have Golden-Tongued Attorney After Driving Drunk

It is time for the “Hey, I’ll Bet I Can Make This Situation Worse” Club to announce its new spin-off organization, “Bet They Nail Me This Time!” I would like to nominate for the BTNMTT initial poster child a certain 19 year old woman, Elizabeth F. (hereinafter, the “Defendant”). Lately, she hails from Norfolk. However, back in 2006, she and her lawyer were trying to keep her free after she was involved in a Boston fatal hit-and-run case.

On Sunday, the Defendant, still on probation for the earlier case, was arrested in Ashland on drunk driving charges after she was found passed out behind the wheel of her car that had gone off the road, police said.

She was not alone this time. She was with elder 20 year old Carrie O. (hereinafter, the “Co-defendant”)… who was also passed out in the car.

As a result of their investigation, police say that the women appeared to be passed out from alcohol, not from any injury they received when the car crashed into a snow bank.

Fortunately, nobody was on the receiving end of the vehicle this time.
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March 11, 2009

Massachusetts Police Say Economic Woes Have Led to More Break-Ins, Larceny, Domestic Violence, and Other Crimes

by Altman & Altman

Police in Massachusetts say they believe that the increase in car break-ins, burglaries, scams, larcenies, and domestic violence crimes throughout the state can be attributed to the recent economic crisis. For example, the Boston Globe is reporting that in:

• Lawrence, Massachusetts: Burglaries have already increased by 52% compared to last year.
• Lowell, Massachusetts: There has been a 21% increase in thefts and larcenies, as well as an increase in fraud cases.
• Hingham, Massachusetts: Between October 2008 through February 2009, there were 57 reports of domestic violence-related crimes (up from 35 domestic violence incidents the year prior).
• Boston, Massachusetts: While large crimes are down throughout the city, certain areas have seen an increase in robberies, thefts, and burglaries.
• Between January 1 through March 1, 2009, the Suffolk district attorney’s office assessed 256 child abuse cases, which is almost twice the number of cases reported for the same period in 2008.

According to police, loss of work, loss of income, foreclosures, and loss of quality of life may be leading to desperation, frustration, anger, stress, arguments and fights between couples and business partners, drinking, and drugs.

Police departments throughout Massachusetts are also reporting some unusual crimes that could be a further reflection of the tough times that people are facing:

• A Ludlow bank was robbed two times in a little over a year in a town that hadn’t experienced a bank robbery in 20 years.
• In Hingham, one man was accused of assaulting his spouse after he was laid off from work.
• One Quincy theft crime that occurred last December involved robbers taking three snowplow blades.
• Domestic violence programs throughout Massachusetts are reporting an increase in the number of battered women asking for help.

It doesn’t help that the economic crisis is forcing police departments to cut back on budgets, which means there are less resources and staff to deal with the increase in Massachusetts crimes.

Economy fuels rise in crime, police say, Boston.com, March 10, 2009
Massachusetts Crime Rates 1960 – 2007, Disaster Center
Related Web Resources:
Massachusetts State Police
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March 10, 2009

The Boston Criminal Lawyer Blog Revisits Sexual Assaults On The MBTA

by Altman & Altman

A while ago, this daily Boston Criminal Lawyer Blog posted a story about the groping problem on the Boston “T”. For those of you who would like to review, you can find the posting here.

Well, the problem continues.

On Friday, Carlos D. of Dorchester (hereinafter, the “Defendant”) was arrested. He is accused of assaulting and groping passengers on a Massachusetts Bay Transportation Authority trolley.

MBTA police said they were called to the Coolidge Corner MBTA stop in Brookline at about 10:15 p.m. Friday for a report that a man assaulted several people on a trolley car. One woman told MBTA police that the Defendant put his hand on her buttocks as she rode the C Line trolley. The woman’s boyfriend told the Defendant to get away from her, and the couple reported the incident to an MBTA employee.

Another woman told police that the Defendant touched her repeatedly in the shoulder. When a man stepped between them, the man said the Defendant “violently” pushed him in the chest, according to the police report.

Yet another woman claims he touched her face.
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March 9, 2009

Harrowing Drive To Boston Leads Alleged Sex Crime Carjacker To Court, Defense Attorney And Incarceration

by Altman & Altman

Last week, he was trying to get to Boston. Now, he is in Bridgewater. The state hospital, that is, for a mental evaluation. He was not going to make it to his desired location anyway. The prosecuting attorney already convinced the court to hold him without bail.

It is the tale of Jquan D., 30 (hereinafter, the “Defendant”). Last Wednesday night, he allegedly carjacked a car, and kidnapped three women, for his wild ride. Those felonies were not enough for the Defendant, though. He is also said to have repeatedly punched and threatened to rape and kill the women whom he ordered to drive to Boston. According to police reports, the Defendant kept explaining that he did not want to strike them, but “the spirit is going to get him”, which, apparently, caused him to nonetheless hit the 21 to 22 year old women several times.

One of the women lives in Fitchburg. The other two had come to visit when the ordeal began. The three women were outside the car, and the driver told police she had gone to move items into the back when the Defendant, who she did not know, approached and said the women were supposed to get into the car.

“She stated that once she saw him, he was striking her friend in the back seat and that he would kill them all,” Officer James S. McCall wrote in his report. “She stated that she started to resist when she was struck in the mouth by him.”

The punch sent her tooth into her lip, she said, and the man continued to hit her as she drove and made repeated threats to kill them.
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March 6, 2009

The Boston Criminal Lawyer Blog Checks In With The Bernie Madoff Nightmare

by Altman & Altman

It’s been awhile since we checked in on the Bernie Madoff, the latest superstar of the Boston-created ponzi scheme. Once a larger-than-life society figure, he is now reduced to spending his time in his larger-than-life New York apartment, talking to his attorneys and hoping to avoid a smaller-than-life jail cell. As predicted by this daily blog many times, however, the finger of suspicion and blame in this case is too large for just one man.

For example, we have already explored in earlier postings (look under the blog’s White Collar Crimes section to review) the pressures brought upon out-of-state Madoff associates to come up to Boston to answer questions by regulators. We have also witnessed how the regulators themselves have been on and off the hot seat. Then, there have been questions about Madoff’s wife and her habits with the United States Postal service.

Now, as sensitivities to this kind of thing have grown, a Massachusetts man has been accused of stealing $57 million from the descendants of a 19th century industrialist and using the money on personal extravagances, including three private jets.
John D. , 60, of Topsfield (hereinafter, “New Defendant”) was charged in a federal indictment Wednesday of assessing millions in phony fees, transferring company funds to himself and hiding the theft with various schemes, including false financial statements. New Defendant faces up to 20 years in prison, if convicted for the Massachusetts white collar crimes.

The U.S. Attorney’s office said in the indictment that New Defendant had stolen “more than $20 million” from Tenens Corporation, which was created to manage trusts for more than 100 descendants of the late Frederick Ayer Jr., who owned textile mills in Lowell. In a May 2008 lawsuit by Tenens against its auditors, the company estimated the theft at $57 million. Tenens attorney said New Defendant “looted” the family and “joins the likes of disgraced money manager Madoff…The family is heartbroken by [New Defendant’s] personal betrayal, and stunned by the scope and audacity of his criminal acts”.
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March 5, 2009

North Of Boston Driver Finds That The Alcohol – Cocaine-Driving Combination Makes Prosecuting Attorneys Unhappy

by Altman & Altman

How did you spend your Saturday night last weekend? Well, you can tell me about it (if you really want to call me about that), but a certain gentleman from Boston’s Northern Neighbor, Salem has only his own attorney to tell about it. And, if he wants to get out of jail anytime soon, he had better hope that the lawyer is gifted in spinning that story.

Ronald M. 46, (hereinafter, the “Defendant”) was arraigned this week on a series of charges stemming from the 12:50 a.m. crash at the intersection of Bridge and Webb streets, including second-offense drunk driving and a third offense of driving while under the influence of drugs, driving while his license was under suspension for a prior drunk-driving conviction, leaving the scene of a personal injury and property damage accident, driving to endanger, two counts of resisting arrest, and failing to stop for police.

Not only this…but he did it in a borrowed vehicle!

Prosecutors in Salem District Court promptly filed a motion requesting that he be held without bail. Judge Robert Cornetta scheduled a hearing on that request for Friday. In the meantime, the Defendant will remain in custody at Middleton Jail.

Police say the Defendant, driving a borrowed pickup truck, ran a red light and “T-boned” an SUV, sending it into a utility pole. The impact sheared the pole and crushed the SUV, trapping the driver. The driver had to be extricated from the wreckage but declined medical attention.

As police converged on the scene, the Defendant, apparently a member of the famed “Hey, I’ll Bet I Can Make This Situation Worse” club tried to flee, police said in a report.
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March 5, 2009

Singer Chris Brown to Appear in Court Over Domestic Violence-Related Allegations Involving Pop Star Rihanna

by Altman & Altman

Performer Chris Brown is due in court today over allegations that he assaulted pop star Rihanna, who is his girlfriend. According to a police search warrant, he is accused of biting and beating the 21-year-old pop star during an alleged domestic violence altercation that took place in his rented Lamborghini on the night before the Grammy Awards last month.

The couple were reportedly riding in the vehicle together when they got into a fight. He allegedly tried to make her get out of the car, but she was wearing a seat belt. He then allegedly punched her a number of times and bit her fingers and ears, even threatening to kill the female singer.

Someone who heard the couple arguing after they stopped in an affluent residential area reportedly called 911. By the time police arrived at the scene, Brown was no longer there but a woman was found beaten and bruised next to his Lamborghini rental. There are some reports indicating that Rihanna’s blood was reportedly found spattered in the car.

The 19-year-old singer was arrested on February 8 under suspicion of making criminal threats. Brown is also under investigation for felony battery. Prosecutors, however, have yet to charge him for any crime. Experts have been commenting that a plea agreement might be under negotiation to prevent felony charges from being filed against Brown.

In the meantime, the media is reporting that Brown and Rihanna reconciled last weekend and the couple are back together again despite the alleged assault incident. According to experts, a criminal case against him may be difficult to pursue if she won’t testify against him.

Chris Brown still not charged in Rihanna case; Mark Geragos happy, New York Daily News, March 5, 2009
Chris Brown repeatedly beat, bit Rihanna, report says, Los Angeles Times, March 5, 2009
Chris Brown arrested in battery investigation, victim suspected to be girlfriend Rihanna, New York Daily News, February 9, 2009 Continue reading

March 4, 2009

The Boston Criminal Lawyer Blog Views The Remains Of A Boy Charged With Murdering His Brother To Control The Family Drug Trade

by Altman & Altman

Hyannis, Massachusetts, is a land one does not often associate with gang wars and murder. However, today’s daily Boston Criminal Lawyer Blog examines one of its more tragic stories…one that sounds like it came out of a bad novel… or the Civil War. It is about two brothers who were brought up in a family business too often found these days…the Massachusetts drug trade.

Now, one brother is dead. His younger brother is charged with killing him.

Mykel M., 13, (hereinafter, the “Defendant”) is now accused of masterminding the slaying of his 16-year-old half-brother Jordon (hereinafter, the “Deceased”) so he could take over the drug operation – one police say they inherited from their father, who is in prison for running one of the biggest cocaine rings on Cape Cod.

The Deceased was found shot, stabbed 27 times and dumped into a pit, where his body was torched. Another 13-year-old friend and a 20-year-old cousin also are charged with murder.

The killing has shaken the normal quiet of winter on Cape Cod, the summer tourist destination known for its beautiful beaches, salt water taffy and famous residents. In fact, the Deceased lived just a few miles from the Kennedy compound in Hyannis Port.
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March 3, 2009

In South Of Boston, District Attorney Is Disappointed At Sentence For Man Assaulting “Mouse”, Ripping Its Head Off

by Altman & Altman

When my son was younger, he liked to go to a local Chuck E. Cheese restaurant for birthday parties. For those of the uninitiated, this is a child-oriented restaurant that has a game area and specializes in pizza. Every so often, a giant mouse in casual clothing (Chuck is a mouse…or rat, I have not decided) appears to sing and entertain a bit. Obviously, it is a person inside a big costume. The charade used to scare my son. I took that in stride. There was no physical contact. Today, the Boston Criminal Lawyer Blog explores a different family experience.

Same rat, though. Or mouse…

The non-animated cheese-related adventure ended in New Bedford on Monday. As a result, a gentleman from Fairhaven has been sentenced to pay a $500 fine after pleading guilty to assaulting a Chuck E. Cheese costumed mascot last year in Dartmouth.

Trahan P., 34, (hereinafter, the “Defendant”) ripped the mascot’s headwear off, pointed a finger at the man underneath the costume, and yelled at him because he thought the mascot had picked up his son and pinned him against a video game, court records said.

The incident occurred in May 2008 during a birthday party for the Defendant’s 11-year-old son at the Chuck E. Cheese restaurant in the Dartmouth Towne Center. During the party, the boy ran to his relatives crying, saying that “Chuck” the mascot had picked him up by the arms, pinned him against a game and ordered the boy to leave him alone, according to court records.

Jessie C., 19, (hereinafter “Inner Chuck”) who was dressed as the mascot, told police that while he was walking through the gaming area, a group of youths jumped on him, tried to knock him over and remove his costume. He said he put his arms forward to move the youths away from him, but never grabbed any of them.
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March 3, 2009

1 in 24 Massachusetts Adults in Prison or on Parole or Probation

by Altman & Altman

According to the Pew Center on the States, Massachusetts is the fifth state in the US with the most adults in jail or prison, on parole, or under probation. The organization’s report found that at the end of 2007, 1 in 24 adults in the state were either under community supervision or behind bars. That’s 206,241 adults.

More of the study’s findings:
• In 2007, some $1.25 billion was spent at the state and federal levels on corrections.
• Massachusetts was the third state with the most number of adults under community service: 1 in 28 adults (179,854 adults under the supervision of probation and parole officer at the federal and state levels).
• Massachusetts spent a dollar on prisons for every four cents it spent on parole.
• With 26,387 adults in jail in 2007 (1 in 90 people), Massachusetts ranked as the 47th state with its number of adults in prison or jail.
• Massachusetts’ Department of Corrections currently runs 18 prisons.
• It’s spending plan for this fiscal year, ending in June, is $543 million.
• The Massachusetts Parole Board’s budget for this year is $19.4 million. The board supervises about 8,000 parolees each year.

All too often in Massachusetts, people are arrested, charged, or convicted of a crime they did not commit or they are treated unfairly by the criminal justice system. While issues of mistaken identity or bad luck may seem like simple problems that can be easily remedied through discourse, this is not always the case when it comes to the Massachusetts criminal justice system.

If you are under investigation, have been arrested, or are charged with a Massachusetts crime or a federal offense, the consequences of the case against you-especially if you are convicted-could negatively affect your relationships, your career, and the rest of your life. For example, a Massachusetts DUI conviction may not only affect affect your auto insurance or your driving record, but it could land you in jail. Also, a conviction for a Massachusetts sex crime will follow you for the rest of your life as a registered sexual offender.

Study: Mass. fifth in nation for adults in prison, probation or parole, Boston Herald, March 2, 2009
Related Web Resources:
Massachusetts Department of Correction, Mass.gov
Massachusetts Parole Board
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