Boston Criminal Lawyer Blog

September 4, 2008

Framingham, Massachusetts Man Arrested for Anti-Gay Attack Pleads Not Guilty to Assault and Battery with a Dangerous Weapon

In Boston Municipal Court, Fabio Brandao, the Framingham man charged with assault and battery with a dangerous weapon and four civil rights violations in the suspected hate crime attack on three gay men and their female friend, says he is not guilty of the charges. He was released on Tuesday after paying a $10,000 bond. Brandao was ordered to stay away from the victims, as well as Boston’s South End area. For now, he must also stay in his home between 10p to 7am every night.

According to the victims, a car pulled up next to them in Boston’s South End on August 24. The four men inside the vehicle started yelling homophobic slurs before getting out of the vehicle and attacking them.

Two of the male victims sustained concussions. One man had deep cuts over his eye and on his temple. Both men don’t remember being attacked. Jenna, the woman who was attacked, says she is traumatized by the incident. The other man did not sustain any physical injuries.

The license plate number on the vehicle led Boston police to Brandao, whose cell phone was also found at the crime scene. Brandao’s criminal defense lawyer says that even though evidence places his client at the scene, this does not mean that he was involved in the assault.

According to the Mass.gov Web site, hate crimes in Massachusetts should be charged under three statutes, including:

Civil Rights Criminal Statute, G.L. c.265, Sec. 37 Hate Crimes Penalties Act, G.L. c.265, Sec. 39;
Generic Crime Statute

Also called a bias crime, a hate crime is usually committed against a person, group, or property. A major reason for committing the crime is because of the parent’s race, sexual orientation, religion, disability, or ethnicity.

Suspect in South End anti-gay attack pleads not guilty, BostonHerald.com, September 2, 2008
Suspect in Boston anti-gay attack pleads not guilty, EdgeBoston.com, September 3, 2008

Related Web Resources:
Information on Charging Hate Crimes Under Massachusetts Law, Mass.gov
Hate Crime, FBI Continue reading

September 3, 2008

Massachusetts State Police Recover Drug Stash After Car Chase And Violent Arrest

by Altman & Altman

Last Thursday night, two gentlemen in Taunton learned that sometimes it is better to quietly accept a motor vehicle citation than to protest, flee and fight, thereby adding a few felony charges to the experience.

Enterprise News reports that just before 5 p.m. two state troopers spotted an early-model Infiniti G20 with a defective brake light and a sticker indicating that it had failed an inspection on Route 44. They activated their flashing lights and the driver, Brian Lacombe, 20, pulled into the parking lot of KFC restaurant on Route 44 and stopped. However, as the officers left their cruisers to approach on foot, Lacombe apparently had a change of heart and allegedly sped away heading east on Route 44.

And so the chase began.

September 2, 2008

Massachusetts Drunk Driver Charged With North Shore Pedicab Accident And Leaving The Scene

by Altman & Altman

The pre-Labor Day Weekend push of commercials warning against operating under the influence did not prevent the collision between an automobile and a pedicab just before the weekend, according to a story published by the Salem News.

According to the article, a 20 year old female struck the pedicab just after midnight on Washington Street in downtown Salem. According to the police, she stopped “for a brief moment” and then drove around the tipped-over pedicab and then left the scene. The pedicab’s driver, Anthony Taurasi III, reportedly chased the motor vehicle up the road before collapsing on the ground. Mr. Taurasi and one of his passengers were then brought to the hospital. During his brief chase, however, he was able to view a partial license plate.

Given the license plate number, police said they found Rose Barry of Beverly driving on Highland Avenue with her hazard lights on. However, when the police turned on their blue lights and sirens, she refused to stop “made an abrupt right turn into the rear of 84 Highland Ave. and then attempted to go between a space in the guardrail.”

September 1, 2008

Critics Say Massachusetts Needs Better DNA Preservation Laws

by Altman & Altman

According to critics, the state of Massachusetts is one of 25 US States with no laws dealing with the preservation of key DNA evidence. It is also one of seven states that do not automatically allow people convicted of crimes the right to submit their DNA to exonerate themselves from crimes they did not commit.

In Massachusetts, the rules that preside over DNA preservation fall under the Code of Massachusetts Regulations. According to Massachusetts State Police, there are some 16,000 DNA samples at a Sudbury facility. state police spokesperson David Procopio says law enforcement authorities never get rid of DNA samples obtained from victims and crime scenes unless they are told to do so by the district attorney in charge of the case.

Last week, Keith Amato, a Cape Cod man who has been trying to retrieve the DNA sample he gave to police for a murder investigation, won the right to get his sample back. The investigation dealt with the 2002 stabbing death of writer Christa Worthington.

In 2006, Christopher McCowen was convicted of her murder. In June of this year, the ACLU of Massachusetts filed a lawsuit accusing state law enforcement officers of failing to keep their promise that they would destroy Amato’s DNA evidence if he was ruled out as a murder suspect.

According to ACLU Legal Director John Reinstein, the state lacks an “authority for maintaining these rule-out samples.” Cape and Islands District Attorney Michael O’Keefe, however, said he authorized that the sample, in addition to all other DNA samples obtained in the case, be returned or destroyed.

Some people have questioned whether the collection of so many DNA samples for the Worthington murder investigation was intrusive.

Critics: State fails DNA test, BostonHerald.com, September 1, 2008
Cape Cod man gets DNA sample back, BostonHerald.com, August 28, 2008
ACLU sues over DNA sample, Boston.com, June 20, 2008

Related Web Resources:

Frontline: The Case for Innocence, PBS
Understanding DNA Evidence: A Guide for Victim Service Providers, US Department of Justice Continue reading

August 25, 2008

Several Criminal Charges Dropped Against Carnival Worker Accused of Raping Two Teens in Massachusetts

by Altman & Altman

In Boston, prosecutors have dropped a number of the criminal charges filed against carnival worker Jeffrey Witham. The 19-year-old who was accused of raping two teenagers, ages 13 and 14, in Marshfield, had been charged with two counts of statutory rape, two counts of rape of a child with force, indecent assault and battery of a child, as well as kidnapping. He pleaded not guilty to all charges.

Witham is accused of having sex with the young girls after meeting them at the carnival. Police arrested him after the father of one of the girls reported the alleged sexual attacks.

Since then, one of the girls has recanted her accusations against him and the other girl has revised her account of the incident. Following the dropped charges of one count each of rape of a child with force, kidnapping, and assault and battery, Boston Superior Court Judge Joseph Walker released Witham from jail and said that the teenager will only need to post the $50,000 bail if he violates the conditions of his release. The Plymouth County District Attorney’s Office dropped the charges after it concluded that there was not enough evidence to support them being filed.

Bail had initially been set to $150,000 until the girls’ revised their accounts of what happened. One girl even admitted to having consensual sex with Witham. The 19-year-old’s criminal defense attorney says he is the victim of a ‘set-up” by the young teens.

Judge sets Jeffrey Witham free, BostonHerald.com, August 23, 2008
Fair Worker Released When Some Charges Dropped, WCVBTV/TheBostonChannel.com, August 22, 2008
Authorities drop some charges against Marshfield Fair rape suspect, Boston.com, August 21, 2008

Related Web Resources:

Sexual Assault and Rape, Norfolk District Attorney’s Office, Mass.gov
Mass Law About Rape and Sexual Assault

Massachusetts Law About Sex
Continue reading

August 21, 2008

Boston Deputy Fire Chief Charged With Rape, Kidnapping, and Impersonating a Police Officer Pleads Not Guilty

by Altman & Altman

In Brockton District Court, Boston Fire Chief Peter Pearson was arraigned on Wednesday on charges of impersonating a police officer, armed kidnapping, and rape. He pleaded not guilty to the charges and posted $50,000 cash bail. He will have to wear a GPS monitoring device.

The charges are related to an incident that occurred in Brockton a few months ago. The alleged victim, who had been detained on the charge of being a common nightwalker, said that she had been raped by a patrol officer a couple of weeks prior to her arrest.

Earlier this week, the alleged victim identified Pearson as the man that pretended to be a police officer and raped her at gunpoint. She and her boyfriend had seen him walking down Haverhill Street, and they contacted police who apprehended the deputy fire chief.

At Pearson’s arraignment, a prosecutor accused Pearson of stalking the victim for three weeks before pretending to be a cop and kidnapping her at gunpoint. The deputy fire chief is licensed to carry a firearm.

Pearson’s defense attorney calls the allegations baseless. Boston police say there is no physical evidence connecting the deputy fire chief to the rape. Pearson has been married for 30 years and has two children. He has worked for the Boston fire department for over 20 years, where he is the Division 2 deputy chief.
Fire official pleads not guilty to rape, Boston.com, August 21, 2008
Deputy fire chief accused of rape, BostonHerald.com, August 20, 2008
BFD deputy Pearson faced sex for a fee charge in 1996, BostonHerald.com, August 20, 2008

Related Web Resources:

Boston Fire Department

The General Laws of Massachusetts
Continue reading

August 20, 2008

Milton Mother Arrested for Operating Under the Influence of Alcohol

by Altman & Altman

In Massachusetts, Denise Egerton, a 41-year-old Milton mother, was arrested and charged with operating under the influence of alcohol, driving without a license, and speeding. Egerton had been driving the car that collided with a van in Dorchester on Friday, close to the intersection of Woodrow and Blue Hill Avenues. The van was thrown airborne before overturning and than van’s driver was taken to the hospital.

Egerton told police that the van had tried crossing in front of her car to make a left turn. Witnesses accuse Egerton of speeding.

At the accident scene, police had Egerton take a field sobriety test, which she did not pass. Her two children, ages 1 and 4, were in the car with her when the crash happened. They were taken to Boston Medical Center after the crash and later placed in the care of the Department of Social Service.

Field Sobriety Tests
Field sobriety tests can be administered at the scene to determine whether a driver has been driving under the influence of alcohol or drugs.

Kinds of Field Sobriety Tests Include:

• Touching one’s nose with a finger • Walking a straight line • Counting while standing on one foot
• Reciting the alphabet

In many cases, the results of a field sobriety test is among the primary evidence used to charge a driver with OUI. It is important to note, however, that these tests do not always accurately reflect whether someone was driving drunk. Overweight people and people with leg problems or balance problems may experience difficulty passing these tests when they are sober.
Mother arrested after collision with van, Boston.com, August 16, 2008

Related Web Resources:

Field Sobriety Tests

DUI and DWI, DMV.org Continue reading

August 16, 2008

Cheating and Loyalty Do Not Mix – SBG Daily Blog 1

by Altman & Altman

Investigated fire chief drops disability claim

Friday’s Today’s Boston Globe reports that a Boston fire chief who has been on injured leave for nearly two years awaiting approval of his disability retirement claim suddenly withdrew his application this week after two witnesses recanted their initial statements about his injury and the recent disappearance of the his medical file from department headquarters. Federal investigators were pursuing an inquiry into dozens of questionable injury claims, including his.

James J. Famolare was the Boston Fire Department’s district chief of administration when he reported injuring his back while moving a box at fire headquarters in June 2006, records show. Famolare filed an application for disability retirement four months later, and the two witnesses signed it, according to officials. However, when fire officials reviewing Famolare’s case in recent weeks asked the witnesses what they saw, they said they did not see anything but merely placed their signatures on a narrative the chief had written and asked them to endorse, said the officials, who were briefed on the case and spoke on condition of anonymity. The firefighters both said they could no longer vouch for Famolare and signed new written statements saying they did not witness the injury, the public officials briefed on the case said. A Fire Department employee who spoke with one of the witnesses this week said the firefighter signed the application because Famolare asked him to. “He said, ‘You’re not going to say no when a chief asks you to do something,’ ” said the employee, who spoke on condition of anonymity for fear of retribution from superiors. “He had to recant, he had to change it, because he didn’t physically see it.”

August 11, 2008

DNA Technology Clears One Man Wrongly Convicted of Rape and Leads to Arrest of Dorchester Man For Multiple Unsolved Rape Cases

by Altman & Altman

Police in Massachusetts have arrested Jerry Dixon, a 35-year-old man in connection to a number of unsolved rapes that happened almost 20 years ago. The arrest comes four years after another man, Anthony Powell, was released from prison for serving 12 ½ years of his sentence for a rape crime he did not commit.

Powell’s conviction for rape and kidnapping were vacated in 2004 after DNA evidence proved that he did not rape his alleged victim. Last year, Powell filed a lawsuit against police in federal court accusing them of twisting forensic test results and using unreliable witnesses to wrongfully convict him.

Investigators looking through an FBI database in 2004 identified four unsolved Boston rape cases that did not name a perpetrator. Using DNA evidence, a Suffolk County grand jury indicted an unknown person, listing him as “John Doe” for three rapes-the ones that occurred in 1989 and 1991. The indictment came right before the statute of limitations for prosecuting the cases had ended. The 15-year statute of limitations for the February 1999 case will not expire for some time.

August 7, 2008

Grand Jury Indicts 11 People In Global Identity Theft Scam Involving over 41 Million Credit and Debit Cards

by Altman & Altman

At Boston’s John Joseph Moakley US Courthouse, US Attorney General Michael Mukasey spoke about the identity theft scam involving over 41 million stolen and sold debit and credit card numbers that bilked individuals and companies of hundreds of millions of dollars. Mukasey called the scheme the “largest and most complex identity theft case” that has ever been charged in the United States.

Alleged leader Albert “Segvec” Gonzales was indicted by a grand jury yesterday, along with 10 conspirators. Gonzales and two of his conspirators were charged in Boston, while the rest of the defendants were charged in San Diego.

Gonzales and his conspirators are accused of using laptop computers to tap into wireless networks, as well as hacking into the networks of Barnes and Noble, TJX, OfficeMax, BJ’s Wholesale Club, Boston Market, Sports Authority, Dave and Buster’s, Forever 21, and DSW. Once in the systems, the defendants allegedly used programs that were able to capture passwords, credit card numbers, and account data.

A lot of the stolen information was concealed in computer servers in the United Sates and Europe, while other data, according to law enforcement officials, was sold to other criminals. The hackers are also accused of encoding stolen numbers on blank credit and credit cards and using the cards to take out tens of thousands of dollars from ATM machines.

Charges against the defendants include conspiracy to possess and possession of unauthorized access devices, identity theft, trafficking in unauthorized access devices, aggravated identity theft, aiding and abetting, trafficking in counterfeit access devices, conspiracy to launder monetary instruments. Gonzales’s criminal defense attorney says that the evidence will prove that his client is innocent.

Identity Theft
Identity theft involves crimes involving stolen personal information used in a deceptive or fraudulent manner and usually for financial profit. Common ways that identity theft can happen:

• Shoulder surfing-a person watches or listens in as the victim provides his or her financial or credit card info.
• Stealing a victim’s pre-approved credit card notice.
• Identity theft involving the Internet.

11 charged with massive ID theft, Boston.com, August 6, 2008
Remarks Prepared for Delivery by Attorney General Michael B. Mukasey at the Identity…, Reuters.com, August 5, 2008

Related Web Resources:

Identity Theft and Identity Fraud, USDoj.gov
Identity Theft Victims Guide, Privacyrights.org Continue reading