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Boston-area police were worried that they were going to have another death on their hands. Hosea R., 33, of Newton (hereinafter, the “Defendant”), was being sought after beating a woman in her West Roxbury home early Saturday. As he eluded police, they worried he might end up needing a coroner instead of a lawyer as they feared he would try to commit “suicide by cop”.

“Suicide by cop” is a term often used in cases where a suspect engages with and fights against the police in order to avoid capture. The theory is that the suspect would actually rather be killed than be taken into custody and so they force the police into choosing between letting the suspect go or shooting him dead. It is more common when the alleged crime is a violent felony.

I will leave the choice most often taken to your imagination for now. However, thankfully, the Defendant was finally taken into custody and nobody died.

The allegations against the Defendant stem from the an incident reportedly taking place at approximately 5:00 a.m. on Saturday, the 27th of December. According to the police, the Defendant and a female friend had gone out for a night of dancing at a Randolph nightclub. Apparently, things went awry somehow and he allegedly began to punch and kick his female friend when they got to her place. By the time police arrived, the Defendant was gone. The assault victim was transported to a local hospital where she was treated for non-life threatening injuries.

The Defendant is said to have called his mother in Newton after the beating. She drove to meet him in a Dedham mall parking lot. In the meantime, the Dedham police received a phone call from “someone related to the suspect” who said that the Defendant was acting strange and talked of hurting himself. The relative further stated that the suspect said he was not afraid if the police attempted to hurt him.

And so it was that mother and son came to meet in Dedham…until they had company. When the police arrived, the Defendant fled and alluded them.
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Happy new year to you all.

In each daily installment of the Boston Criminal Lawyer Blog, I tell you that, should you have reason to believe that someone is mentally measuring you for a pair of the Commonwealth’s bracelets of shame and a warm cell, you should engage an experienced criminal defense attorney.

The reasons may be obvious to some. There may be some among you, however, who think, “Aw, that’s just Goldberg tooting his own horn again. My case is so simple, a trained chimpanzee with a law degree could handle it. Besides, experienced lawyers are more expensive than those without experience.

Well, no and yes. I have not yet met any monkeys who have made it all the way through law school (although I have had my suspicions in some cases), and, yes, experienced attorneys usually cost a little bit more.

Every case is different and some cases seem more straight- forward than others. However, any case can have its little surprises. Further, even the simplest of cases can be lost.

The fact is, there are certain things that one can only pick up through experience. As in most professions, one can develop a “sense” about things.

This is especially true at trial.

Speaking of trials, I have also told you that, at times, police officers (like any witnesses) may not find it necessary to limit themselves to the truth.

How dare I?
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As 2008 comes to a close, the Boston Police Department are still pursuing suspects, wherever they might be. Two such investigations have focused a spotlight on those sought in attempts to give them a warm place to stay for the holidays and a lawyer to talk to for company.

One of these investigations is actually the combination of what was once several different investigations. It involves several robberies which have recently occurred in the South End and Back Bay areas, including a Starbucks on Brookline Avenue about a block from Fenway Park.

The police has now released to the public the surveillance video of the suspect. Starbucks, for its part, is offering a $1,000 reward for information leading to an arrest in the store’s Dec. 29 robbery. To view the video, or give information you may have about the star of said video, simply follow the first link below referencing the website.

The Starbucks robbery began like a scene out of Woody Allen’s “Take The Money And Run”. Police say that around 8:20 p.m. on Monday a man slipped a Starbucks employee a note that read, “Give me the money and no one gets shot.” Thinking the note was a written coffee order, the employee read the message aloud to a second employee, who then, perhaps dumfounded, handed the robber money from the register.

The robber then grabbed the note and cash and fled on foot up Brookline Avenue toward Kenmore Square.

Boston police believe the same robber may be responsible for several other business robberies in South End and Back Bay. Those incidents happened on Dec. 18, Dec. 21, Dec. 23 and Dec. 24 in the area of Newbury Street.

In those robberies, the suspect passed a threatening note indicating he had a gun.

Apparently, these notes were understood by the recipients with no problem.
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Slightly north of Boston, this week began with another romantic entanglement that spilled into the halls of justice. This time, it was substantially more tragic than our tale in yesterday’s daily blog. This time, somebody died. The prosecutor says that the killer is a criminal. Her defense lawyer, however, says she is the true victim, a victim of domestic violence.

Kimberly S, 30, of Somerville (hereinafter, the “Defendant”) was arraigned yesterday for murder. She is charged with plunging a kitchen knife into the chest of her boyfriend this past weekend. However, she claims that the killing of Amaldo A., 42, (hereinafter, the “Deceased”) was done in self-defense.

The Defendant, who claims to be a longtime victim of domestic abuse told police that she killed her boyfriend in the midst of another argument, according to a defense attorney and a police report filed today in court.

“Yes, I stabbed him, but he attacked me first,” the Defendant told police, according to the report.

In Somerville District Court, she pleaded not guilty to a murder charge and was held without bail. Defense attorney Maria Curtatone pointed to what she described as bruises on her client’s neck, chin, and forehead as evidence of chronic abuse.

Assistant Middlesex District Attorney Marian T. Ryan acknowledged that the couple had a history of domestic violence at their Greenville Street apartment. Neighbors said, however, that the Defendant was often the aggressor, Ryan said in court . The prosecutor also indicated that the smaller-in-stature Amado was too “embarrassed” to report the abuse.
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It may be that the Boston area is simply a dangerous place for a nanny. Several years ago, we had that case in Cambridge where a British nanny was accused (and, actually, convicted) of killing a baby. The case made international headlines. She did have an extremely experienced criminal lawyer on her side and…guess what? She ended up going home when it was all over.

Well, this case is a tad different and the attorney ends up not being needed for the nanny after all. In fact, there was no nanny. Not even a baby. And the outer-Massachusetts part of the drama did not take place overseas, but in Miami, Florida.

You remember Florida, don’t you? Another fraud, to the tune of billions of dollars, was recently discovered there.

Meagan M., 22 (hereinafter, the “Defendant”) is a Miami woman who is alleged to have come up with an inventive way to try to keep her man. She made up a baby.

Well, kinda. She tried to do it the regular way, but did not suceed. Apparently, she lost the baby due to a miscarriage three months into the pregnancy. However, Miami police said the Defendant pretended to carry the baby to full term in order to keep her boyfriend, John B., 26, (hereinafter, “Big John”) from breaking up with her. She even named the phantom child, giving it Big John’s last name.

The real problems began when Big John wanted to see the child after its alleged birth. So, the Defendant did what seemed to be the logical thing…she reported that the baby had been kidnapped, and then reported the baby missing to police.

Now, what could be more romantic than that?
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Pelham Police Chief Edward Fleury has pleaded not guilty to charges of involuntary manslaughter in the death of the Christopher Bizilj. The boy, 8, died after he accidentally shot himself with an Uzi at the Machine Gun Shoot and Firearms Expo in Westfield, Massachusetts. He also pleaded guilty to four counts of furnishing a machine gun to a person under 18.

Fleury is the owner of OPS Firearms & Training, which promoted the October gun show. If convicted for involuntary manslaughter, the police chief could spend up to 20 years in state prison and up to 10 years for the other charges.

On October 26, Christopher lost control of a 9mm micro submachine gun when it recoiled on him. His father was nearby, getting ready to take his son’s picture when the fatal accident happened. The Micro Uzi’s rate of fire is 1,700 rounds/minute.

According to District Attorney William Bennett, Fleury made a mistake when he told the two men who brought the gun to the expo that Massachusetts law allowed for children under 18 to use the submachine weapon. Last week, Domenico Spano and Carl Giuffre pleaded not guilty to involuntary manslaughter charges.

The Westfield Sportsman’s Club, where the gun show took place, has also pleaded guilty to involuntary manslaughter. The club’s attorney says that no one from the club or who was acting for the club provided the Uzi involved in Christopher’s shooting death. At least three other children reportedly fired the gun at the expo.

Involuntary Manslaughter
An involuntary manslaughter charge involves a crime where the defendant did not mean to cause the victim’s death.

Mass. police chief pleads not guilty in Uzi death, AP, December 23, 2008
2 Plead Not Guilty to Manslaughter in Boy’s Uzi Death, Fox, December 15, 2008

Related Web Resources:

A Brief Overview of Massachusetts Homicide Law, Mass.gov
Massachusetts “Gun Fair” Where Child Was Killed With Machine Gun May Have Violated Gun Law, Brady Campaign Continue reading

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You know, it is not just Metro Boston law enforcement who know how to investigate. They are all trained to do it. That is why I keep telling you not to try to outwit them because you are not likely to succeed. Keep quiet, comply and get a criminal defense lawyer.

Michael W., 23, (hereinafter, the “Defendant”), thought he could fool the officer who stopped him earlier this week. He was riding in a car when it was stopped for speeding in Ashland, Massachusetts. When questioned as to his identity, the Defendant apparently gave the police a false name.

Unfortunately for the Defendant, however, the name he gave belonged to someone whom the officer knew was already in jail, according to the police.

Of course, the Defendant had a reason for wanting to be someone else…there was currently a warrant out for his arrest for the crime of rape.
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Lack of good judgment, while not a crime in itself, easily causes arrests. Here are two stories from the Boston area which illustrate this point and show how bad judgment can be expensive in the way of time, money, stress and the overall need for a defense attorney.

Beverly Police have charged two men are charged with the rape of a woman after a party and a night of drinking and smoking marijuana over last weekend. Another man known only by his first name (hereinafter, “Unknown Defendant”) could also face charges – if he is ever identified.

Terrence C, 17, of Beverly and Derek B, 18, (hereinafter “Defendants 1”), of East Bostonare the two identified defendants.

The rape reportedly happened on December 19th at a Cabot Street apartment and was reported to police just after midnight on Sunday morning, December 21st when the victim showed up at the Beverly Hospital emergency room. Beverly Police arrested the two men about 9 a.m. on Sunday.

The complainant, who is 18 years old, told police that it all began at a house party on Friday when the victim and the men went to one man’s apartment because he was under house arrest with a bracelet and had to be home, according to the police report.

Apparently, being under house arrest with a bracelet on is not a sign to be wary to today’s youth.

When they arrived, the complainant told police she gave Unknown Defendant $30 in cash to buy her Mike’s Hard Lemonade and grape vodka. When they returned to the apartment they all smoked marijuana and drank together, the complainant told police.

Just another typical Friday night in the ol’ north shore!
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North of Boston, Evelyn C., 74, (hereinafter the “Defendant”) thought she had reason to celebrate. Instead, she found that the gift she thought received from the Registry of Motor Vehicles (RMV) necessitated a little something extra…namely, a criminal defense lawyer
You see, like many of us, she was driving around the morning of December 17th. Unlike many of us, however, she was not supposed to be behind the wheel at all until 2015.

That’s what a Salem District Court judge had told her last August when he sentenced her after her third operating under the influence conviction.

She knew it and the court knew it…but, the RMV…not so much.

Just last month, in fact, they issued a brand new shiny driver’s license for the Defendant.

An isolated occurrence?

Again, not so much.

You see, her case is one of what the state auditor last summer estimated as thousands of drivers whose licenses were never yanked by the RMV despite court orders following drunken driving and other motor vehicle convictions.
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How did you begin your weekend? I began mine by driving to court in Boston, doing other lawyer-like things at the office and then running home to “hunker down”, as the radio told me to do, because of the impending snow. I also dug out my car a couple dozen times.

I felt alittle put-upon by all that nasty snow.

In retrospect, though, I feel luckier. After all, 31-year-old Jason R. of Pelham, Massachusetts (hereinafter, the “Defendant”)did not have to shovel any snow on Friday, or Saturday or even Sunday. That was done for him.

In federal custody.

You see, he was arrested on Friday on federal warrants in Framingham stemming from a Pelham police investigation concerning illegal firearms possession.

Well, it was not just the fact that he was in possession of the guns…it was that he was a felon in possession of the guns.

The Defendant and law enforcement have had a bit of a stormy relationship over the past years.
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