Boston Criminal Lawyer Blog

November 3, 2008

Boston Narcotics Detective Drunk, Assaultive And Indicted Outside The Commonwealth.

Well, it just goes to show you…nobody is immune to the criminal justice virus.

Ask most members of law enforcement, and they will tell you that there is a big difference between “us” and “them”, referring to themselves and the “perps” they go after on a daily basis. The difference? Well, that “we” are the good guys and “they” are the bad guys, of course.

Hm. Somebody apparently forgot to mention this to Boston police detective Sgt. Thomas J. (hereinafter, the “Defendant”). He is alleged to have gotten a bit confused about this difference back in March during a trip out of town. In fact, it was in Savannah, Georgia, where he was celebrating St. Patrick’s Day. His actions during that vacation have now earned him an even longer respite from work now that he has been suspended without pay from the force. The suspension came when the eight-count indictment was handed down last week. Before that, the highly respected drug detective had simply been on paid leave from the department since March 15th.

Savannah police say that the Defendant followed a group of women back to their home and pounded on the door, saying he was a police officer and demanding they open up. He then attempted to force his way inside and struggled with one of the women at the door, police said.

He soon overpowered the women and pulled them outside, where he forced them to the sidewalk but made no further demands, police said. Instead, he fled. However, that course of action apparently works as well in Georgia as it does in Massachusetts. The Savannah police caught him.

According to the indictment, he then resisted arrest. Yes, same result as when it happens in the Commonwealth.
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November 2, 2008

Massachusetts Man in Wheelchair Was Sitting on Guns, Say Boston Police Following Illegal Weapons Possession Arrest

by Altman & Altman

In Massachusetts, Boston police made six arrests in connection with a robbery. One of the men who was apprehended, 22-year-old Edwin J. Prosper, was charged with several counts of unlawful weapons possession after police caught him sitting on three 9mm semiautomatic handguns while in a wheelchair. The arrests occurred on Saturday as Boston police officers were investigating an armed robbery report involving two men who say that a group of men confronted them and stole their cell phones.

The robbery victims chased their assailants to an apartment building on Pilsudski Way, where they were held at bay by two people with guns. The victims then ran from the scene but returned with police who entered the building and brought out six males and three females.

Only Prosper was apprehended with any weapons in his possession. One of the handguns he was sitting on has laser sight and the other two have high-capacity magazines. At the time of the arrest, Boston police say it was unclear whether the 22-year-old was disabled, hurt, or using the wheelchair as his prop.

Prosper is scheduled to be arraigned at South Boston District Court on Monday. Four of the other men and a 15-year-old boy face charges of intent to rob and armed assault.

Illegal Weapons Possession
In Massachusetts, it is against the law to own a weapon if you don’t have a Firearms Identification Card. In order to obtain an FID, you have to pass a federal NCIS check.

Even if you are arrested for a crime that has nothing to do with the gun in your possession, ou could face criminal charges for illegal weapons possessionif you don’t have the legal paperwork authorizing you to own or carry a gun in Massachusetts.

Boston Police: Man in wheelchair sitting on guns, MSNBC, November 2, 2008
Suspect allegedly hid guns in his wheelchair, Boston.com, November 1, 2008

Related Web Resources:

Massachusetts Law About Weapons, Massachusetts Trial Court Law Libraries
The General Laws of Massachusetts
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October 31, 2008

Samuel’s Take: Massachusetts Criminal Defense Lawyer Discusses Justice System And Witch Trials Of Yesterday And Today

by Altman & Altman

Ok, here is the scene:

You are home at night with your loved ones. There is a knock on the door. You answer it. It is the police.

You ask them what is wrong and they tell you that you assaulted the girl who lives down the street.

You know you didn’t, although you do know she has…issues. So, you tell the police that you have not done anything to her, but that you know she is a troubled kid.

“So, you do admit you know her, right? I mean, know her well enough to know that she has problems?”, they ask.

You answer that you do.

They suggest that you come down to the station so that you can all discuss this in more detail.

You go.

At the police station, you are brought to a room and questioned for hours. Funny thing, while they were interested in the girl’s issues for a while, they have suddenly seemed to decide that you are lying to them. The questioning goes on for hours. They do, however, keep inviting you to tell them what they want to know. They tell you that things will go much easier.

Regardless of what you tell them…they lock you up. From there on, you are considered by most to be guilty of whatever it is that she says you did.
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October 30, 2008

Norfolk Teen Arrested in Connection to Fatal Underage Drinking Party

by Altman & Altman

In Massachusetts, an arrest has been made in connection to the underage drinking party where 17-year-old Taylor Meyer was last seen. Meyer’s body was found on October 20 following an exhaustive search involving fire, police, and rescue teams.

The Plainville teen disappeared on October 17 after leaving the party. Meyer wasn’t reported missing until the next day. While family thought that the King Philip High School senior was with friends, her friends thought she was with family.

Officials say that Meyer’s cause of death was drowning. Her body was discovered in a marshy area close to Miller Street bridge.

This week, Christopher Moran was arrested in connection with the underage drinking party. Moran reportedly told police that he brought 12 beers to the party and that he got the beers from his parent’s refrigerator.

Some 20 teens attended the party, which was held at an abandoned Norfolk airport. The teens reportedly drank beer and vodka. Police have been investigating how the teens were able to obtain alcohol for the party.

• In Massachusetts, it is illegal to give or buy alcohol for anyone younger than 21.
• Also, anyone younger than 21 who is caught with or around alcohol or drugs is subject to arrest.
• Parents may be contacted if the teen is under 18.
• The parents of minors who host house parties where alcohol is accessible can be held liable in both civil and criminal courts.

Teen Arrested In Fatal Drinking Party Probe, The Boston Channel, October 30, 2008
Police launch criminal probe into Taylor Meyer’s death, Boston Herald, October 29, 2008
Autopsy shows no foul play in Taylor Meyer’s death, Boston Herald, October 22, 2008
Drinking Party That Ended In Teen’s Death Eyed, The Boston Channel, October 29, 2008
Helping teens stay safe during party season, Wicked Local, May 16, 2008
Laws Related to Alcohol, MIT.edu Continue reading

October 30, 2008

Rap Star Dissed By Boston Weapons Check

by Altman & Altman

My daughter went to the “Monster Jam” concert the other night at the Banknorth Garden in Boston, Massachusetts. I don’t know if it was so named because it took place during Halloween week, but, if so, it was appropriate. She had been excited in the weeks leading up to the show at the prospect of seeing the monster stars that were slated to perform. One such creature, however, disappointed her and her fellow fans.

While 20,000-plus fans chanted “We want Weezy,” Lil Wayne (“Weezy”) sat on his tour bus, indulging his monster ego, “throwing a hissy fit,” according to the Boston Herald, whining to his manager that he didn’t want to go onstage at the show.
“People were begging and pleading with him to go on,” we are told. “But he was [angry] and possibly drunk. He kept complaining that ‘Boston is dissin’ my people.’ It was totally bizarre. Kind of surreal.”

Most horror stories are.

So, how did they finally coax the creature out his cage to perform for the thousands of fans who had come to see him? They didn’t. Weezy took the sleazy way out – he just stayed hidden in the tour bus, nursing his wounds from the perceived assault to his ego.

What was the terrible offense that Beantown had thrust upon poor Weezy? What was the mammoth diss for which my daughter and her fellow fans had to pay?
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October 29, 2008

North Of Boston, Halloween Celebration Leads To Charges Of Disorderly Conduct, Resisting Arrest And Assault On A Police Officer

by Altman & Altman

In today’s daily blog we continue our Halloween Theme Week with a salute to the festive spirit…including those who do not even wait for the holiday they are celebrating to arrive.

‘Tis the season for Halloween celebrations! Parties are almost mandatory for some good old fashion evil-tinged fun. What better place than Lynn for a backdrop of such a party. After all, you have heard the old saying, “Lynn, Lynn, the city of sin…!”

And so it was that various Halloween revelers partied hearty this past Friday night and into Saturday morning. By 1:00 a.m., the crowd had apparently thinned out to an intimate group of between 60 and 70 people.

In these troubled times, one just cannot have too much fun…so they wanted the party to continue. They just did not want to leave. Somebody somewhere disagreed, however, and the police were called to disperse the crowd.

Did I mention that the crowd did not wish to be dispersed?

And so it was that a disagreement of sorts took place between the police and the dispersement-challenged in West Lynn, Massachusetts.

Well, kind of a physical disagreement.

Alright, it was a fight.
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October 28, 2008

Massachusetts Police Find Guns, Drugs And Explosives In Pre-Halloween Visit

by Altman & Altman

We continue our Halloween-themed week of daily blogs, which will culminate with Friday’s subject of today’s witch-trials, with a frightening tale of unwanted visitors, illegal treats, and a resulting trick.

It was last Thursday night in Chicopee, Massachusetts. Approximately 8:30 pm. One week and a day before Halloween night. 22-year-old David W (hereinafter, the “Defendant”) was spending what he believed would be a quiet night in his home. Alone. His alleged treats surrounded him in his happy little piece of heaven as he settled in for the evening.

Outside, it was a calm night. Very little wind. Temperatures in the 30’s.

And then it happened.

The calm, both inside and out, became thing of the past.

One week later, it might have been various masked monsters who descended upon the house. Not tonight, though. Not ghosts, witches or goblins, either. Tonight, the most feared intruders of all for the Defendant…The Police
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October 27, 2008

Just Outside Massachusetts, Halloween-Style Robbery Starts Early

by Altman & Altman

As I travel between our offices in Boston, Cambridge and Salem, I see that the Halloween festivities have begun; each day I notice more and more early revelers prancing around in costume, acting nonchalant and trying to pretend that they always dress that way.

They don’t fool me…but I will return the favor and keep this week’s daily blogs on a Halloween theme. It will culminate with Friday’s blog which will examine whether “witch-hunts” still exist today.

Unfortunately, if the various originally-clad pedestrians believe they are amongst the earliest to so stride, they are too late.

One of the loyal readers to this daily blog has brought my attention to an event dating back to July in which, it would appear New Hampshire resident, James C., 49, (hereinafter, the “Defendant”) got a really early start at wearing his costume. Rather than treats, however, he got a trip to the courthouse and charges of robbery.

He was dressed as a tree.

Just as the local Citizen Bank branch opened on a July Saturday morning, the Defendant walked in with leafy boughs duct-taped to his head and torso. Figuring he could never be identified by either teller or camera because of his very local foliage, he robbed the place.
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October 24, 2008

Ex-Boston Sportscaster Arrested for Transportation and Possession of Child Pornography

by Altman & Altman

In Massachusetts, former Boston sportscaster Bob Gamere has pleaded not guilty to an indictment charging him with transportation and possession of child pornography. Federal prosecutors, who arrested the man that once called himself the Great Gamere, are now calling the former “Candlepins for Cash” host a “danger to the community.”

Magistrate Judge Leo T. Sorokin ordered that the 69-year-old former sports anchor be placed under house arrest and GPS anklet be attached to his leg. Gamere is also barred from answering the door if his grandchildren or trick-or-treaters come to his house unless there is another adult present.

According to the indictment’s charges, Gamere transported child pornography videos on two separate occasions in 2007. His computer at home also allegedly contains videos and images of child porn.

Federal agents found the images after they executed a search warrant of his house and took his computer. The government also claims that Gamere sent child pornography videos as e-mail attachments to a number of people. During the search, Gamere reportedly admitted that printed images of child porn found in his bedroom were his and that he had sent child pornography via e-mail.

The Federal Bureau of Investigation began actively investigating Gamere last year after he allegedly sent via e-mail a 10-minute video of a young girl having sexual intercourse with a man. He allegedly sent the footage using his wife’s AOL account and the screen name “GreatGamere.” Court documents, however, indicate that the FBI had been watching this screen name since 2005 when the sender distributed other videos of “prepubescent” minors having sex with each other and with adults.

Gamere is a former New York Yankees play-by-play announcer and television sports commentator for Channel 7. If convicted, he could spend up to 50 years in prison.

Internet Kiddie Pornography
Distributing child porn via the Internet is considered a criminal offense-even if the images do not explicitly show kids having sex with each other or with adults. A person could get arrested just for sending a photo or image depicting child porn to a friend.

Ex-Hub sportscaster busted for kid porn, BostonHerald.com, October 24, 2008
Former Boston Sportscaster Charged With Possession Of Child Porn, MyFoxBoston.com, October 23, 2008

Related Web Resources:

Laws Concerning Child Pornography, National Center for Missing and Exploited Children
The Protect Act of 2003, Department of Justice Continue reading

October 24, 2008

Massachusetts’ Domestic Violence Case Involves Weapon And Confession

by Altman & Altman

Unfortunately, domestic violence of varying kinds are all too prevalent in today’s society. As a criminal defense lawyer in Boston, I have seen very disturbing situations. I have written many times in this daily blog about how easy it is to get arrested and how sometimes all it takes is to anger the wrong person. I have handled many times where allegations of domestic abuse and attempts to get restraining orders are, in my opinion, simply a matter of strategy to gain the upper hand in a relationship gone bad. However, domestic violence does indeed occur and does have to be handled seriously.

A rather interesting love story unfolded this past week. On Wednesday, Denise F., 36, of Dartmouth (hereinafter, the “Defendant”) was arraigned in New Bedford District Court on charges that included armed assault to murder, assault and battery, and assault and battery with a dangerous weapon.

According to police, the Defendant’s live-in boyfriend returned home late from his birthday party late Tuesday night. This, apparently, was not acceptable.

Shortly thereafter, the police arrived pursuant to a call to 911. They found the boyfriend bleeding from his abdomen, having been stabbed. Inside the apartment, police found a bloody knife on a kitchen counter, court records said. Near the knife was a note.

The note, allegedly written by the Defendant, was an apology. It read, “I’m truly sorry for doing this to you, but I don’t love you. I never did. OK.”

The boyfriend, it would appear, took the apology to heart. He refused to go to the hospital and refused to try to get a restraining order against the Defendant. Perhaps he felt somewhat responsible. After all, he had apparently been warned. He told the police that the Defendant had threatened that she would stab him if he was not home by 10 p.m. from his birthday celebration, court records said. Clearly, he had missed the deadline.
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