Boston Criminal Lawyer Blog

November 14, 2008

Drunk Driving In Massachusetts – Three Stages Of The Criminal Justice Experience

As we head into another weekend…edging ever closer to the holiday season…a reminder about one of the more common criminal justice pitfalls which people tend to experience. Namely, drunk driving.

Many cases around the subject of Operating Under the Influence have hit the press this past week. Today’s daily blog looks at three of them, all three differing in their stage of the prosecution.

First, let’s look to Yarmouth, Massachusetts, the scene of an interesting arrest scene, particularly if you are a dog lover, Tuesday. Axel, the police department K-9 dog, was called upon to help locate an alleged drunk driver at the Foxwoods Condominiums in West Yarmouth .

Bryan C., 41, of Barnstable, (hereinafter, “Defendant 1”) is said to have crashed his 2001 Monte Carlo deep into the woods off Camp Street around 10 p.m. Tuesday. Police say he then fled the scene.

Strikes one and two.

When officers arrived they found the severely damaged car, but no driver. Police were told by a witness that the lone male driver had crawled out of the vehicle, grabbed an item and ran off.

Police brought in K-9 patrol officer Peter McClelland and his partner Axel to track the suspect. They initially found an opened and cold 12 pack of beer – with four remaining cans – on the side of the road about 200 yards from the crash scene. The track continued and led to the front door of a unit at the condominium complex.

Once found, Defendant 1 told officers he was “having a bad night” and admitted to driving the vehicle.

Strike three. Out.
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November 13, 2008

FBI accuses Massachusetts man of lying in terrorist Investigation

by Altman & Altman

Today’s daily blog features a gentleman who has experienced a delayed reaction to allegedly not being completely truthful during law enforcement questioning.

This time, it was federeal law enforcement.

These guys take this stuff very seriously.

Statements that Tarek M. 26 (hereinafter, the “Defendant”) allegedly made to the FBI two years ago in the midst of a terrorism investigation came back to haunt him last weekend, when the Massachusetts College of Pharmacy graduate was arrested as he was about to board a Boston flight to start a new job overseas.

Now, he is in an old cell right here.

He is charged with lying to the FBI in December 2006 when questioned about the whereabouts and activities of a former Methuen resident (hereinafter, “Mr. Missing”) who was suspected of training at an Al Qaeda terrorist camp to overthrow the Somali government.

An FBI affidavit unsealed in federal court in Boston Monday alleges that the Defendant told agents on Dec. 16, 2006, that he had known Mr. Missing for three or four years and that when he last spoke to him two weeks earlier, Mr. Missing was living in a suburb of Alexandria, Egypt, and working for a website.

As it turns out, though, the FBI claims that Mr. Missing had actually placed several calls from Somalia to the Defendant’s Sudbury home four days before the FBI interview, urging him to “join him in training for jihad,” the affidavit says.
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November 12, 2008

Former Boston Firefighter Pleads Not Guilt to Charge He Violated Restraining Order

by Altman & Altman

During his arraignment in West Roxbury District Court on Tuesday, former Boston firefighter Albert Arroyo pleaded not guilty to charges he violated a restraining order filed by his ex-girlfriend last month. Arroyo was arrested over the weekend after his ex-girlfriend accused him of driving by her residence, calling her multiple times, and hiding behind a door in her apartment building.

The woman has accused the former firefighter of aggressively stalking her for six years. In her affidavit, the 45-year old Jamaica Plain resident says that she keeps her curtains closed and her door locked because he keeps bothering her. She says that she has often felt scared to leave her home.

Arroyo, who filed a disability pension for work-related injuries, was fired from his job after he refused to go back to work. The former Boston firefighter joined a bodybuilding competition within weeks of filing a disability claim for the injuries he says he suffered during a slip accident on a staircase.

In Massachusetts, a domestic violence restraining order can be filed when one person-either a current or ex-spouse or partner, family member, or household member-accuses another person of emotional, physical, or verbal abuse.

Massachusetts Domestic Violence Statistics:

• In 2006, 28 victims died in domestic violence-related incidents.
• There were 24 incidents involving domestic violence-related murders.
• 28,760 protection orders were issued in 2005.
• Also in 2005, 4,375 adults were arraigned for alleged protection order violations.

While it is important to protect victims of domestic violence, there are many instances where a mild disagreement gets turned into a domestic violence dispute and someone is wrongly arrested for a crime he or she did not commit. Massachusetts law requires police officers to arrest anyone suspected of domestic violence and ultimately, the decision of whether to press criminal charges belongs to the prosecutor and not the alleged victim.

Bodybuilding firefighter Albert Arroyo pleads not guilty, Boston Herald, November 4, 2008
Disgraced firefighter accused of stalking, Boston Herald, November 4, 2008

Related Web Resources:

Abuse Prevention, General Laws of Massachusetts
Zero Tolerance for False Domestic Violence Allegations, DevalPatrick.com Continue reading

November 12, 2008

Massachusetts Police Officer Faces Charges Of Sexual Assault

by Altman & Altman

Sometimes people pick up bad habits at work.

Many chefs turn out to be overweight. Career military folks often need to have their home life overly organized and operational. Many attorneys, like myself, tend not to be able to have a debate with someone without it turning into “oral argument”.

And then there is a certain part-time Hinsdale police officer who served as an animal control officer allegedly turning into an “animal”.

W.Rodney M., 46 (hereinafter the “Defendant”) has been charged with sexually assaulting a woman who had called the police for assistance at her home in 2005. He was arraigned on Monday in Central Berkshire District Court on one charge of indecent assault and battery on a person over 14. He pleaded not guilty and was released on personal recognizance and ordered not to have contact with the 50-year-old victim.

The charge, brought against the Defendant in early June 2008, stemmed from an event that took place in 2005, according to a report filed by Massachusetts state police investigators.

The complainant told investigators that she had made a call to the Hinsdale Police Department about a fisher cat that she had seen around her residence. The Defendant, who was acting as the town’s animal control officer, responded to the call in uniform, and after looking for the fisher cat, allegedly asked her if she was single and “lonely.” He then asked her “if she would like to be taken care of like she had never been taken care of before,” and he allegedly grabbed her hand and rubbed it on the outside of his pants, according to the statement.

The complainant said she was too ashamed to press charges three years ago, when the assault allegedly took place, adding that she felt no one would believe her, according to the report.

Somehow, after the years have passed, she was able to convince herself to come forward.
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November 11, 2008

Massachusetts Probation For Fraud Is Violated By Assault Charges

by Altman & Altman

Today is Veteran’s Day. It is a day for reflection and a day to honor the men and women who have served this country in the trenches of various lands throughout the years.

Today’s daily blog looks at a matter occurring inside more local trenches. Criminal Justice trenches. The courtroom. A courtroom on Salem, Massachusetts, to be exact. While it certainly does not involve the valor we celebrate today nationally, it does contain some violence and a couple of lessons for us.

Martin S., 53, of Lynn (hereinafter, the “Defendant”) recently lost his battle for his own personal liberty in the Salem courtroom. He was sentenced to serve two years at the Massachusetts Correctional Institute at Cedar Junction as he was found to have violated probation. Two witnesses testified at the hearing that he grabbed a woman by the throat and fought another man during a September 21, 2008 altercation at an apartment on Lynde Street in Salem.

The Defendant’s attorney said he had gone to the apartment to get his girlfriend out of there because she was drinking alcohol, a violation of her probation for a drunken-driving conviction.

Although the assault charge is still pending in court, the Superior Court Judge observed that the arrest itself is a probation violation. “He’s gotten away with quite a bit in the last couple of years,” the judge said yesterday before announcing the sentence at the conclusion of a probation hearing.
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November 10, 2008

Arrests Made During Investigations Concerning Juvenile Alcohol And Drug Traffic North And South Of Boston

by Altman & Altman

Friday night was a big night for Massachusetts law enforcement in the prosecution of juvenile alcohol parties and narcotics investigations.

In Danvers, An investigator’s patience paid off as he sat back and watched an alleged drug deal, stopping the car afterwards. He found a wide variety of drugs in the car, police said yesterday.

Danvers Police Lt. Carole Germano said Detective Robert Sullivan was staking out a Newbury Street business at 10:15 p.m. Friday. “He had set up surveillance in the Motel 6 parking lot and he observed a hand-to-hand (pass) and subsequently stopped the vehicle and seized the drugs and currency,” she said.

The stash allegedly found included cocaine, heroin, Vicodin and other prescription drugs inside the car, as well as an undisclosed amount of money.

Darren L., 40, and Twyla H., 27, (hereinafter, “Defendants 1”), both of Lynn, were arrested and charged with conspiracy to violate a drug law, drug violation near a school or park, possession of Class A drugs to distribute, possession of Class B drugs to distribute and three counts of possession of Class C drugs to distribute.

The stop of the car was also occasioned by the driver’s alleged failure to stop at a stop sign, winning her an additional criminal charge.

Meanwhile, in Plainville, Massachusetts, thirteen youths, all under 21 years old, (hereinafter, “Defendants 2”) were having their weekend ruined. They were arrested at a party with underaged drinking Friday night, police said.
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November 7, 2008

Brookline Couple Enters Not Guilty Plea to Charges They Stole $53,000 in Massachusetts Health Benefits

by Altman & Altman

In Massachusetts, Joseph and Jila Youshaei have pleaded not guilty to charges they stole $53,000 in medical coverage from the state. According to court documents filed by Attorney General Martha Coakley’s office, the Brookline couple allegedly claimed they were earning $475/week between 1995 and 2005 when they actually owned a jewelry store, donut shops, a fruit vendor stand, a Boston building, lived in an expensive area, and were worth millions of dollars. They also sent their children to an exclusive private school.

At their arraignment on Thursday, however, their Massachusetts criminal defense lawyer said the Youshaeis were in fact not as wealthy during that 10-year period as prosecutors are alleging. While the couple did own a number of businesses, their attorney maintains that many of them failed. They also bought a house on Chestnut Hill Avenue, currently valued at $896,200, with no money down.

Investigators for Auditor Joseph DeNucci discovered the couple’s alleged misuse of MassHealth. The Youshaeis have been charged with two counts of procurement fraud and larceny over $250 . The couple allegedly obtained state health coverage that they were not entitled to for themselves and their three children while failing to report the income they obtained from their real estate and business ventures to MassHealth. The state’s public health assistance is intended for Massachusetts residents with low incomes.

Health Care Fraud
Health care fraud is a kind of white collar crime that involves dishonestly filing health care claims for profit. Both medical providers and patients have been known to commit this type of fraud.

Examples of health care fraud include:

• Filing more than one claim for the same service.
• Procuring subsidized prescriptions and selling them to make money.
• Revising medical records.
• Reporting procedures incorrectly to make a profit.
• Providing bogus or incomplete data when applying for services.
• Borrowing or lending of insurance cards.

Brookline couple deny they stole $53,000 in health benefits meant for poor, Boston.com, November 6, 2008
Brookline couple pleads not guilty to insurance fraud, Wicked Local, November 6, 2008
Related Web Resource:
Healthcare fraud, Law.Cornell.Edu Continue reading

November 7, 2008

South And North Of Boston Tales Of Drunk Driving And Providing Alcohol To Minors Come Home To Roost

by Altman & Altman

Massachusetts just voted to change the way we handle the prosecution of possessing a small amount of marihuana. Meanwhile, alcohol still seems to be getting its share of publicity as well.

Two recent stories bring the subject of alcohol home.

No, literally….home.

For example, at approximately 4:30 a.m. this past Saturday morning, Park Street in Stoughton was the scene of a lot of excitement; a car crashed into one of its houses, causing a fire that is now said to have made the house structurally unsafe.

Donald M., 22 (hereinafter, “Defendant 1”) is said to have driven into the uninhabited home, police said, and charged with operating under the influence of liquor, operating a motor vehicle negligently so as to endanger and marked lanes violation.

Fortunately, the home had already been uninhabited.

“Why?”, you ask.

“Because a similar thing happened last year”, I answer. That’s right, the house had already sustained serious damage, including a gaping hole to its foundation, caused by a similar accident last year. Defendant 1’s accident simply added another gaping hole. And caused a fire. And pushed the safety of the structure over the edge of soundness.
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November 6, 2008

Breaking And Entering And Maybe Drugs Lead To Murder Charges Plus One In Massachusetts

by Altman & Altman

This one isn’t so funny. It involves the type of tragedy that happens all the time, particularly in urban areas. Of course, this one has a couple of twists.

This wasn’t the big city…it was Winchester, Massachusetts. In a peaceful dead-end street lined with single and multifamily houses where residents have lived for generations. Chris and Bryan Barbaro were two brothers living on the same street where they were raised. The same street where their parents and sister still live.

Now, they are both dead.

In October, 2007, Wally S., 30 (hereinafter, the “Defendant”) allegedly kicked in the door and forced his way into the Barbaros’ three-family home and shot 48-year-old Bryan Barbaro in the chest, a wound he survived after being rushed to Massachusetts General Hospital. Brother Chris was shot in the forehead and died at that time.

Despite being wounded, Bryan Barbaro was able to call 911 and report that both he and his brother had been shot, officials said.

Although Assistant District Attorney Nathaniel Yeager told the court that 50-year-old Chris Barbaro was killed by the gunshot to the forehead, the Defendant was not immediately charged with the murder.
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November 5, 2008

A Massachusetts Bodybuilding Ex-Boston Firefighter Faces Allegations Of Fraud And Breaking Restraining Orders

by Altman & Altman

You know, sometimes, when it rains…it pours. It’s happened to all of us and, now, it is happening to a particular former Boston firefighter.

Albert A., 46, (hereinafter, the “Defendant”) had enough problems. First of all, he had lost his job as a firefighter after participating in a bodybuilding contest despite claiming he was permanently disabled. You see, he had applied for a disability pension, saying he slipped on a staircase March 21. Not too long thereafter, though, he was found to have participated in a bodybuilding contest.

Woops.

Now, his fall on the staircase is matched by his falling in love with someone who seems to have fallen out of love with him. The result? He now faces criminal charges that he has violated a restraining order.

According to his ex-love, the Defendant has stalked her with such ferocity for six years that she finally she took out a restraining order and was too petrified to leave her Jamaica Plain apartment. She claims that she keeps her doors locked and closes her curtains “because he looks up to my window when (he’s) not in my hallway,” she wrote in the affidavit.

“He constantly calls me at work, harassing, at home, my parents, my siblings and my children,” she wrote in an Oct. 28 affidavit. “He gets in my hallway and stands by my door for hours. He follows me everywhere, and for that reason I am in fear of leaving my house.” According to the affidavit, the Defendant has been harassing her for six years. Yet, on the application for the restraining order she lists herself as having a current or present dating or engagement relationship with him.
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