Boston Criminal Lawyer Blog

December 7, 2008

OJ Simpson Sentenced to at Least Nine Years in Prison for Armed Robbery

Former football great OJ Simpson has been sentenced to up to 33 years in prison-with the possibility of parole after 9 years-for his involvement in an armed dispute at a Las Vegas hotel. On October 3-13 years to the day that the 61-year-old was acquitted of murdering his wife Nicole Brown Simpson and her friend Ron Goldman-Simpson was convicted of 12 charges of armed robbery, assault with a deadly weapon, and conspiracy to kidnap.

During his sentencing hearing in Las Vegas, Simpson, 61, apologized to Judge Jackie Glass, saying he never intended to hurt anyone and that he was only trying to get back his property. He acknowledged he was wrong in approaching the confrontation the way that he did and said that he didn’t know that he was breaking the law.

On September 13, 2007, Simpson led a group of men, a few of them armed, into a room at the Palace Station Hotel and Casino. They were supposed to get sports memorabilia back from dealers Al Beardsley and Bruce Fromong. Simpson claims the items were stolen from him.

Simpson denies knowing that any of the men planned on bringing weapons, but two of his co-defendants claim that he told them to bring guns.

Four of the other men charged with the armed robbery crime worked out deals with the prosecution and testified against Simpson and co-defendant CJ Stewart. Simpson and Stewart were found guilty of all charges against them.

Criminal defense attorneys for Simpson say they intend to appeal the verdict. They say Simpson was unable to obtain a fair trial because of the infamous 1995 murder trial. Even though a Los Angeles jury found him not guilty of the murders of Nicole and Ron, the former football hero became a social outcast and many people in the public continue to question his innocence.

Anyone charged with any crime in the United States is entitled to a fair criminal trial-even if he or she is an infamous person or has been charged or convicted for unrelated crimes in the past.

O.J. Simpson to serve least nine years in prison, CNN, December 5, 2008
Simpson Sentenced to at Least 9 Years in Prison, New York Times, December 5, 2008

Related Web Resources:

O.J. Simpson Police Report, TMZ, September 13, 2007
The Simpson trial timeline, USA Today Continue reading

December 5, 2008

Massachusetts Is On The Go With Assaults, Drugs And Captive Audiences

by Altman & Altman

A new year is just about dawning! There is a new administration coming in to lead the country! Even our Cambridge office is moving (next door)! Let’s face it, people are on the go!

And, as goes “the people”, so goes the criminal justice system.

For example, let’s look at the case of the “Traveling Brawl Show” which opened its tents this week. It had a relatively short run, though. It ran from the evening hours of Tuesday to the morning hours of Wednesday, starting in Dennis, Massachusetts and ending in Hyannis.

It was not a “feel good” type of show, though. The star of the show, Patrick D., 27, of Dennisport (hereinafter, “Defendant 1”) performed the last act solo amidst charges of assault and battery on a police officer, assault and battery, resisting arrest and disorderly conduct.

The touring group began around 9:30pm on Tuesday at a Christy’s in Dennisport. A customer mentioned to the store’s assistant manager that a fight was underway near the dumpster to the rear of the store. The employee looked out and saw about 10 people fighting, including one with a baseball bat.

The assistant manager called the Dennis police. Meanwhile, the fight moved to the middle of Route 28, stopping traffic. The participants fled when Dennis police cruisers arrived.

According to court documents, the altercation allegedly led to two men being beat with one or more baseball bats and to the stabbing of Defendant 1 ‘s brother. The injured were taken by others, including Defendant 1 , to the hospital.

Later that night, Officer Barrette was dispatched to the hospital to stand by the victims while Dennis police were en route to take statements. Hospital security guards took Barrette into an office to observe the people who had arrived with the injured.

The officer said he saw a man run into the emergency room lobby being chased by Defendant 1 . The man stood behind a hospital guard, but Defendant 1 allegedly still punched him.
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December 4, 2008

Boston Ex-Firefighter Faces New Charges In Violating Restraining Order And Is Sent To Jail

by Altman & Altman

You know, I really hate to beat up on anybody. I really don’t want to be mean.

But when the same guy keeps popping up with new charges and seems to be pushing for czar of the “Hey, I’ll Bet I Can Make This Situation Worse” Club’s newest section, “How Far Can I Push Things Before They Just Lock Me Up?”, I really have to make comment.

I have written about this guy before. He is the former Boston firefighter and bodybuilder Albert A., (hereinafter, the “Defendant”). He is back in the news and back in Commonwealth housing.

Perhaps you remember him.

He was one of Boston’s fireman until a number of months ago. You see, on March 21st, he allegedly slipped on a staircase. Nobody had witnessed the accident, but a Dorchester neurologist said in a report that the Defendant was “totally and permanently disabled”. So, the Defendant applied to the Boston Retirement Board for a disability pension.

Unfortunately, on May 3rd, he achieved apparent medical history by finishing eighth at the 2008 Pro Natural American Championships in Marlborough, Massachusetts. After the Boston Globe published a picture of the medical marvel during the competition, Fire Department officials ordered him to return to work.

He didn’t.

He was fired.

The media had a field day, denouncing the Defendant and his fraudulent acts, not to mention the system that had allowed him to so easily do so.

This would have been enough for most people. But not the Defendant. There was still some room left on that rope.
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December 3, 2008

Multiple Fraud Suspect In Boston Red Sox Scheme Is Retired

by Altman & Altman

You know, Massachusetts is not the only state with laws against fraud. It does turn out to be local news, though, when the Commonwealth’s favorite, if sometimes controversial, team is used in the scam.

Charles P., 38, of Jamestown, Rhode Island (hereinafter, the “Defendant”) is in a bit of Red Sox-related trouble. You see, he is accused of scamming, and trying to scam, nearly $1 million from people and a credit union by posing as a Red Sox scout, a real estate investor, cancer survivor, and a philanthropic benefactor all rolled into one. As of Tuesday afternoon, however, he was given a newer identity. This one turns out to be legitimate, though.

He is a criminal defendant being held without bail in Warwick, Rhode Island.

Surprisingly enough, it turns out that the Defendant was not a Red Sox scout, had nothing to do with real estate, and didn’t have cancer. .. although State Police Lt. Col. Steven O’Donnell said that the Defendant made weekly trips to the Dana-Farber Cancer Institute in Boston for “cancer treatments” to fool his own girlfriend.

Apparently, having cancer is some kind of aphrodisiac in Rhode Island…at least with this couple. However, the romance dimmed when the girlfriend discovered that the Defendant allegedly had collected $435,000 from her boss at American Power Conversion for real estate investments that never materialized — and were never going to.

Did you know that money issues tend to be a leading cause of break-ups in the United States? Fraud apparently tends to aggravates things.

Upon learning about the Defendant’s scheme, his girlfriend is said to have pressured him to repay her boss.

And he did.

Unfortunately, he did so by writing out a check for $315,000 to the Greenwood Credit Union on a closed account from Bank of Rhode Island. Not only that, but a teller recognized him from media reports about his arrest in November for allegedly posing as a Red Sox scout to get $6,000 from a woman. The teller made a call to the state police.

“Arrest in November? Red Sox?”, you exclaim. “What’s up with that?”

Well, you see, the Defendant previously became Legally Challenged in November, when he was accused of scamming a woman out of more than $6,000 by pretending he was a Boston Red Sox talent agent with access to baseball tickets. Of course, that brush with the law only gained him a single count of fraudulently obtaining money under false pretenses. He was freed after his arraignment.
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December 3, 2008

Jennifer Hudson’s Brother-In-Law Charged with Murdering her Mother, Nephew, and Brother

by Altman & Altman

The criminal defense attorney of William Balfour, Jennifer Hudson’s estranged brother-in-law, says his client is not guilty of killing the Oscar winner’s mother, nephew, and brother. Balfour was formally charged this week with three counts of first-degree murder in the deaths of Hudson’s mother Darnell Donerson, her brother Jason Hudson, and her nephew Julian King, as well as one count of home invasion. Balfour was separated from Hudson’s sister Julia, which makes King, 7, his stepson.

Balfour, who was being detained in a state prison for a possible parole violation was sent back to police custody upon his arrest for the killings. He had been questioned about the murders before, but was released without being charged until now.

His defense lawyer says that the amount of time that passed between when the murders happened in October and his client’s arrest this week indicates that the case against Balfour is weak. He is calling his 27-year-old client a “convenient” suspect. Balfour’s mother also maintains her son’s innocence and says police relied on a statement made by a girlfriend who is facing a drug charge.

Police, however, say that no deals were made with witnesses and there is enough evidence to convict Balfour for the Hudson family murders. They claim that not only do they have physical evidence, including the murder weapon, but they also have testimony that could convict the 27-year-old.

Police believe the three murderers were domestic violence-related and that Julia Hudson and William Balfour had been quarreling when the killings happened. Donerson and Hudson were found shot to death at the family’s home. King’s body was found four days later in a sport utility vehicle.

Balfour’s bond hearing is scheduled for today.

Charges filed against William Balfour in Hudson family slayings, Chicago Sun-Times, December 2, 2008
Police confident Hudson family murders solved, Reuters, December 2, 2008
Lawyer: William Balfour Innocent of Jennifer Hudson Family Murders, People, December 2, 2008

Related Web Resources:

Jennifer Hudson Biography, IMDB
Jennifer Hudson’s mother, brother murdered in Chicago, Daily News, October 25, 2008 Continue reading

December 2, 2008

Massachusetts Drunk Driver Assaults Police And Faces Charges Of Attempted Murder

by Altman & Altman

Sometimes it’s the opposite of a chase…!

Yesterday’s daily blog focused on police chases and attempts by defendants to get away from the scene of the alleged crime.

But in Weston, on Route 117 early Saturday morning, Joaovitor R, 18, of Watertown (hereinafter, the “Defendant”) is said to have driven right into two police officers.

Literally.

Yesterday, the Defendant appeared before the court to answer various charges related to the event. Although pleading not guilty, he is being held pending a dangerousness hearing at Waltham District Court.

The event took place as Sgt. Keith Kasprzak and Officers Steve McShane and David Zampell were investigating an unrelated accident involving a pickup truck that hit a utility pole in the Conant Road area of Route 117 at 2:30 a.m. on Saturday.

As Officer Zampell was directing westbound traffic, a car approached him. It was allegedly the Defendant.

The car stopped within inches of the officer.

And then the driver hit the gas.
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December 1, 2008

Massachusetts Alleged Drunk Drivers And Robbers – Escape Statistics Are In: You Are Losing

by Altman & Altman

North Attleboro, Massachusetts, had more than its fair share of attempted escapes from law enforcement last week. Two such cases graced the hallowed halls of Attleboro District Court last Friday.

One case involved some teenagers who led the police on a high-speed chase into the welcoming arms of Rhode Island. The teens, a 15-year-old girl and three lads of 17, all of Providence, (hereinafter, “Defendants 1”) ,allegedly broke into vehicles at an Attleboro movie theatre and then took off in a stolen car.

Defendants 1 then led the police on a chase on Interstate 295 at speeds up to 100 miles per hour. Once they reached Rhode Island, the North Attleboro police broke off the chase.

Home free?

Afraid not.

Three of them were returned to Massachusetts (one is trying to fight extradition) to answer charges of breaking and entering, vandalism charges and possession of a stolen motor vehicle. The driver also faces traffic offenses.

You see, the North Attleboro police are not alone in the world. They have friends. Take Rhode Island law enforcement, for example. Rhode Island authorities picked up the chase, which ended on Route 7 in Smithfield, R.I., when the vehicle crashed into a brushy area off the highway.

So, other than the Massachusetts charges, they all now all face related charges in Rhode Island.

While two of the above-mentioned boys were arraigned in North Attleboro District Court last Friday, they had plenty of people to talk to. For example, there was Dennis W., 23, of North Attleboro (Hereinafter, “Defendant 2”). The police say that Defendant 2, an alleged drunk driver, struck a utility pole and drove off before calling a friend to drive his car.
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November 28, 2008

Massachusetts Mother Held For Making Death Threats Against The Court and DSS Workers

by Altman & Altman

Yesterday was Thanksgiving. Unfortunately, there are a few families for whom this holiday season has not begun so well.

Let’s turn to Hampshire, Massachusetts, for example. On Wednesday, as the rest of us prepared for family gatherings and big dinners, Debra B., 53, of Northampton (hereinafter, the “Defendant”) learned that she would be spending the holiday as a guest of the Commonwealth. It seems that she and the Department of Social Services (“DSS”) have had a disagreement of sorts.

The disagreement allegedly included some threats.

Threats that have brought to light what one might call a dysfunctional family situation.

The case has a bit of a history to it. It apparently began back in 2006 when the Defendant’s son was taken away from her by DSS. This was allegedly occasioned by the 7-year-old autistic boy’s complaint that she had duct-taped him to a chair and threatened him with a knife. Most of the criminal charges against the Defendant in that incident were eventually dropped.

The heated custody fight over her son did not end so easily.

As the battle between DSS and the Defendant raged, she is alleged to have done certain things which were of concern to the Commonwealth. One such thing is that she was reported to have looked up the home addresses of some social workers on the Internet. She is also said to have threatened to shoot Judge Judd J. Carhart at a hearing and told another woman in court that she was “in her crosshairs.”

This landed her in jail on September 8th.

Perhaps misunderstanding the message this was supposed to have sent, the Defendant allegedly threatened to kill a different judge, as if this would clear things up.

Things were not cleared up. Law enforcement sought a search warrant for her apartment instead.
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November 27, 2008

Samuel’s take: A Massachusetts Thanksgiving Criminal Justice View To The Past

by Altman & Altman

Today is Thanksgiving. While the daily criminal law blog goes on, this is not a day o concentrate on the problems of criminal justice. Instead, let’s gain some brief optimistic perspective.

From whence have we come?

Some of the particular crimes and punishments make today’s laws look pretty liberal. Since the criminal justice system was a part of the existing religious order of the community, all offenses were against God and society. Laws in the Puritan regions were filled with religious messages. The 1648 Laws and Liberties of Massachusetts, the penal code, for example, often quoted biblical passages.

For example, you think the laws regarding disorderly conduct, trespass and such are overly burdensome? Well, Colonists considered lying, idleness (not working), drunkenness and even general bad behavior as crime. Playing certain games in the Puritan colonies, such as shuffleboard or cards, was a crime. Forget about considering prostitution or sexual assault. Merely flirting was a crime.

The courts used shame, scorn, and humiliation to teach lessons for misbehavior. More severe crimes led to whipping and placing the guilty in wooden frames that had holes for heads and hands, called the pillory.
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November 26, 2008

North And South Of Boston, Sex Trade Stings Are In Full Swing

by Altman & Altman

As we near Thanksgiving, we look around for reasons to be thankful. True, economic times are tough and getting tougher. However, it would appear that all the violent crimes and drug dealing in Lynn, Massachusetts, has been stopped. No more guns rape, robbery or murder. It would appear that even the drunk driving problem is under control.

Now, the police have the time and resources to concentrate on other vicious crimes plaguing our society.

Prostitution, for example.

This past Saturday, a well timed police prostitution sting was said to be different than others done in the recent past. According to the Lynn Item, it was conducted in “broad daylight”.

No pun intended, I’m sure.

“For the city of Lynn, unfortunately, it’s a 24/7 problem,” said Sgt. Rick Carrow of the world’s oldest profession. He is the head of the department’s Special Investigation Unit that conducted the operation between 1 and 4 p.m. Saturday, netting nine arrests of would-be customers.

“There’s a market out there and we’re going to do what we have to do,” he said. And so they did.

Twenty-four-year-old Officer Kelly Aylward was the undercover decoy during the operation conducted in the downtown area, according to Carrow. The targets of this brilliantly conceived plan was to have an attractive female see if she could get men to want to have sex with her and be willing to pay for it.
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