Boston Criminal Lawyer Blog

January 30, 2008

Massachusetts Judge Rejects Doctor’s Guilty Plea to Involuntary Manslaughter in Liposuction Fatality

Middlesex Superior Court Judge Wendie Gershengorn rejected the guilty plea to involuntary manslaughter charges made by Luiz Carlos Ribeiro in the 2006 death of a female patient. Ribeiro, who was a licensed doctor in Brazil but does not have a license to practice in the United States, performed liposuction on Fabiola DePaula, a 24-year-old Brazilian immigrant, in his basement in Framingham, Massachusetts.

Ribeiro had been hoping to strike a plea agreement by pleading guilty to involuntary manslaughter, but Judge Gershengorn turned him down. She says that she isn’t sure that his actions were reckless enough to warrant the plea.

Ribeiro says that he had all the equipment that he needed to perform the illegal operation on DePaula and that she would have died regardless of where the operation was performed.

Prosecutors disagree. They allege that Ribeiro did not have the proper equipment and safeguards to perform a liposuction operation in his basement. They say that DePaula’s death could have been avoided if the surgery had been performed at a hospital.

DePaula was administered illegal narcotics for the procedure. Following the procedure, she died at MetroWest Medical Center. Cause of death was listed as intraoperative complications from a liposuction procedure. She had paid Ribeiro $3,300 for liposuction and a nose job.

Ribeiro’s wife, Ana Maria Miranda Ribeiro, has already pled guilty to manslaughter charges and acting as his nurse. She was sentenced to a year in prison.

Judge rejects doctor’s plea in liposuction-related death, Boston Herald, January 30, 2008
Judge rejects guilty plea in fatal liposuction case, Boston.com, January 30, 2008

Related Web Resource:

A death after liposuction exposes busy illegal clinic, Boston.com, August 1, 2006
Liposuction
Continue reading

January 29, 2008

Massachusetts Teacher Pleads Not Guilty to Cybersex Charges

by Altman & Altman

A West Boylston Middle-High School teacher says he is not guilty of committing cybersex-related crimes. In Leominster District Court in Massachusetts last week, Scott A. Simoncini, 35, pled not guilty to two counts of attempting to commit a crime and five counts of disseminating obscene material to a minor.

The charges are based on allegations that Simoncini allegedly sent naked photos of himself over the Internet to someone who claimed to be a 14-year-old girl. During the series of chats that took place in December 2006, he allegedly talked about meeting the girl in person but the encounter never happened. The screen name he allegedly used was “cuteteacherguy29.” He sent the naked photos in 2006.

Earlier this month, Simoncini allegedly chatted with another person, who claimed to be both a 14-year-old and a 99-year-old girl.

It turns out that the female who claimed to be a 14-year-old girl during the 2006 chats was in fact a Portsmouth police detective. Charges weren’t pressed after the December 2006 chats because they never met in person and the police detective was unable to get back in touch with Simoncini.

The police detective, however, was able to identify Simoncini based on his nude photos and identification information she received through the Massachusetts State Police.

During the online communications that occurred this month, records indicate he was allegedly making innuendos during his chat with the “girl.” They also exchanged pictures and discussed their sexual interests.

He was arrested at his home in Worcester earlier this month for crimes he allegedly committed in Holden. After pleading not guilty to the criminal charges, Simoncini was release on $2,500 bail.

As part of the conditions of his bail agreement, he cannot have any unsupervised contact with anyone under age 16. Simoncini was placed on paid administrative leave from the school while the case is being pursued.

SImoncini’s criminal defense attorneys say that he is not a threat to anyone in the real world and that he has never had any criminal contact with minors in real life.

Teacher denies cybersex charges, Telegram.com, January 23, 2008
H.S. Teacher Charged With Internet, TheBostonChannel.com, January 22, 2008

Related Web Resources:

Sex Offender Registry Board, Mass.gov
Youth Related Computer Crime, Karisable.com Continue reading

January 25, 2008

Woburn, Massachusetts Man Pleads Not Guilty to Raping Unconscious Woman in Boston Nightclub’s Bathroom

by Altman & Altman

Nicholas Chiaraluce, a 21-year-old Woburn college student, was released on $30,000 cash bail yesterday after he was charged with one count of aggravated rape. The woman he allegedly raped was unconscious in a men’s bathroom at the Felt nightclub in Boston, Massachusetts. The incident allegedly took place on the night of January 19.

Chiaraluce says he is not guilty of the charges and that he was trying to help the victim, a 21-year-old Boston resident. He says that he even called for help. He expressed dismay that his efforts to help the girl led to his apprehension in the Boston rape case.

Chiaraluce was arrested after a witness reported seeing him having sex with the woman, who was unconscious at the time, in the bathroom.

Boston police say that a friend of Chiaraluce’s came to the club after the suspect called him, asking him to come. Police say the friend refused to help put the girl’s clothing back on.

Chiaraluce allegedly told police that he had never met the girl before but had bought her a drink. Authorities confiscated his pants, which had some unknown substance on it, as well as a girl’s underwear, which was found in the bathroom.

Being charged with rape, or any type of sexual assault charge, is a very serious offense in Massachusetts.

Aggravated Rape
Aggravated rape involves the rape of a person against their will or without their consent, which can result in serious bodily harm.

A rape conviction can lead to a lengthy prison sentence and your name listed for life as a registered sex offender.

Man is charged with raping unconscious woman at club, Boston.com, January 24, 2008
DA: Student raped unconscious woman in Hub nightclub, BostonHerald.com, January 23, 2008

Related Web Resources:

Massachusetts Sentencing Grid Guideline, Mass.gov
Aggravated Assault, FBI.gov Continue reading

January 22, 2008

Tim Masters is Set Free After 1999 Murder Conviction is Thrown Out

by Altman & Altman

Tim Masters, who was convicted in the 1999 of murdering Peggy Hettrick, was set free today. Masters had been serving a lifelong prison term for her in 1987 that happened when he was just 15-years-old. Her mutilated body was found in a field near Fort Collins, Colorado close to Masters’s trailer.

Fort Collins police worked on the case for over 10 years before arresting Masters. He has served more than nine years of his sentence. Masters has always maintained that he was innocent.

It wasn’t until the last few months that special prosecutors and defense attorneys brought to light the fact that key information had been withheld from Masters’ attorneys during his 1999 trial.

Evidence reportedly withheld by police and prosecutors included a plastic surgeon who had said that a teenager could not have made the meticulous cuts that were done to remove Hettrick’s body parts and an FBI profiler’s warning to police that just because Masters liked to draw horror scenes did not mean he murdered Hettrick.

The sketches, a collection of knives, and a series of narratives helped persuade a Colorado jury that Masters was guilty. There was never any physical evidence tying him to the murder.

Masters is now 36 years old. A judge overturned his conviction and set aside his sentence after new DNA evidence showed that the DNA found on Hettrick’s clothing did not belong to Masters. He was released on a $200,000 personal recognizance bond.

Prosecutors say they will decide by February 5 whether to try him again.

DNA Evidence
Except for identical twins who can have identical DNAs, no one else has the same exact DNA. DNA is Deoxyribonucleic acid. It is the main building block for a person’s genetic makeup. The person has the same DNA in every cell of the body and this never changes.

During crime investigations, DNA evidence is collected to identify a suspect or eliminate a possible suspect. DNA evidence can also be useful in reopening closed criminal cases or solving unsolved crimes.

A person who was wrongly convicted can be set free based on new DNA evidence proving his or her innocence.

Murder conviction thrown out; Masters goes free, CNN.com, January 22, 2008
Tim Masters Set Free, MyFoxColorado, January 22, 2008

Related Web Resources:

Timeline of the Masters case, RockyMountain, January 18, 2008
Special Prosecutors Offered Stipulation (PDF)

Defense Demands New Trial for Masters, October 23, 2007 (PDF)

Understanding DNA Evidence
Continue reading

January 17, 2008

New England Patriots Wide Receive Randy Moss Says He Did Not Commit Battery or Domestic Violence

by Altman & Altman

New England Patriots Football Player Randy Moss says he did not commit battery against the 35-year-old woman who has filed a temporary restraining order against him.

Rachelle Washington is accusing Moss, who she says she had an intimate relationship with, of battery, causing her serious injury, and denying her medical attention during a domestic violence incident that allegedly took place at her Florida home on January 6.

Moss says that Washington just wants to him to give her money. He says that Washington was injured but the injury was accidental. He says that Washington wanted “six figures” from him in exchange for her not making the incident publicly known. Moss says he cannot reveal details of exactly what happened because a lawsuit by Washington may be pending. He says that he has never struck a woman.

The restraining order says Moss must stay 500 feet away from Washington, who he has known for more than 10 years. A hearing on January 28 will determine whether a permanent restraining order against Moss will be issued.

Moss and Elizabeth “Libby” Offutt were charged in a 1996 domestic violence dispute. Offutt is the mother of his children. In the criminal complaint filed by police, Moss is accused of throwing steaming hot water on Offutt and pushing her down repeatedly when she tried to get up from a sitting position.

Moss accused Offutt of hitting and kicking him. The misdemeanor domestic battery charges were dropped after both of them agreed to undergo counseling.

If you are under investigation for domestic violence, you should contact a Massachusetts domestic violence lawyer who can apprise you of your legal rights and represent you in the event that charges are filed.

Moss denies battery claim, Boston Globe, January 17, 2008
Moss: I did ‘nothing wrong’, Boston Herald, January 17, 2008

Related Web Resources:

Randy Moss, NFL Continue reading

January 16, 2008

O.J. Simpson’s Bail in Las Vegas Armed Robbery Case is Doubled

by Altman & Altman

O.J. Simpson’s bail in a Las Vegas casino robbery case was doubled to $250,000 after the judge found out that the former football great never paid a bail bondsman when he was first released. Clark County District Court Judge Jackie Glass says that Simpson, 60, has to issue 15% of the bail amount before he can be released this time.

Bail bondsman Miguel Pereira testified in court that the former football star never paid him anything. He said that he did not issue a bill to Simpson but that he had expected payment of the $18,750 that he was owed for posting the $125,000 bail. He also says he paid for plane tickets, the $40 filing fee, and a rental car.

Simpson had been ordered back to jail last week because of allegations that he had violated the conditions of his bail by asking Pereira, via voice mail, to contact Clarence “C.J.” Stewart, a co-defendant in the case. Pereira informed prosecutors of the request because he didn’t want to be criminally charged for any alleged involvement.

Simpson is not allowed to contact anyone else involved in the attempted robbery at the casino hotel, which occurred in Las Vegas on September 13, 2007 when the ex-football star and several others allegedly tried to “retrieve,” at gunpoint, several items from sports memorabilia dealers Alfred Beardsley and Bruce Fromong.

Last November, Simpson pleaded not guilty to armed robbery, kidnapping, assault with a deadly weapon, coercion, burglary, and conspiracy charges. Five other co-defendants were also charged for their alleged involvement. Simpson could go to prison for life if he is convicted for kidnapping.

This is not Simpson’s first brush with the law. A jury found Simpson not guilty in the 2004 murders of his wife Nicole Brown Simpson and her friend Ron Goldman.

Bail
Bail allows a suspect to pay a fee to be released from police custody. The suspect, however, must promise to return to court and appear for all criminal proceedings related to the case. The degree of seriousness of the crime and the circumstances of the case can determine the amount of bail-if any-that must be paid to secure the release. In some cases, such as when a person is considered a threat to society or a flight risk, bail can be denied completely. Violation of bail conditions can lead to arrest and detainment.

O.J. Simpson’s bail raised to $250,000, CNN.com, January 16, 2008
O.J. Simpson Jailed for Attempting to Contact Co-Defendant, FoxNews.com, January 12, 2008

Related Web Resources:

O.J. Simpson Arrested in Armed Robbery of Las Vegas Hotel Room, Fox News, September 16, 2007
O.J. Simpson Murder Case
Continue reading

January 14, 2008

Boston Police Officer, Accused of Robbing A Roslindale, Massachusetts Gas Station, Was Off His Medication

by Altman & Altman

The criminal defense team for Officer Michael T. Jones, the Boston Police Department veteran, says that his client was not taking his medication and was drunk when he used his BPD-issued weapon to hold up a gas station in Roslindale, Massachusetts.

Officer Jones, 44, was arraigned on armed robbery charges for allegedly robbing the Best of Boston gas station last Friday and stealing $125 in cash after threatening employees at the station with his gun. Jones also allegedly tried to rob a man upon leaving the station.

Jones has pleaded not guilty to the five armed robbery charges, including assault with a deadly weapon. His criminal defense lawyer is citing diminished capacity as a factor in Jones’s case.

A 20-year-old veteran of the BPD, was arrested near his parents’ home some 30 minutes after the robbery took place. He had moved back home to help take care of his father, who has cancer. Jones was placed on administrative leave from the police force after his arrest and has been ordered to give up any weapons.

Diminished Capacity
A diminished capacity defense contends that a defendant may not have been capable, due to mental impairment or disease, of consciously reaching the mental state necessary to intentionally commit the crime that he or she is charged with. A successful diminish capacity claim can lead to reduced charges.

Armed robbery cases involve the use of a weapon to commit the act of robbery-whether at a residence, a bank, a store, a business, or on the street. In Massachusetts, it is not necessary to actually have a weapon to be charged with armed robbery. Merely threatening someone by telling him or her you have a weapon while attempting robbery can constitute armed robbery.

An arrest for armed robbery is a serious offense in Massachusetts. Depending on the circumstances and seriousness of the crime (and whether this is the first or a repeat offense) an armed robbery conviction can lead to anywhere from 5 to 20 years in prison.

Boston cop was drunk on day of alleged robbery, attorney says, Boston Herald, January 14, 2008
Boston police officer held on bail for alleged robbery, Examiner.com, January 14, 2008
Diminished Capacity, Cornell University Law School

Related Web Resources:

Massachusetts Sentencing Guidelines Grid, The Massachusetts Court System Continue reading

January 11, 2008

Olympic Gold Medalist Marion Jones to Serve Prison Time for Lying to An Investigator and Check-Fraud

by Altman & Altman

Olympic athlete Marion Jones, 31, will serve six months in prison for lying to an investigator about her steroid use and her involvement in a check-fraud scheme. Jones must also complete 400 hours of community service while serving two years probation.

The world champion athlete opted for a plea agreement last October when she admitted that she lied to an investigator about her use of a performance-enhancing drug before and after the 2000 Olympic Games. She won three gold medals and two bronze medals as a runner and long jumper at the Sydney games and was considered one of the greatest female athletes in the world.

Jones testified in court that, from September 2000 until July 2001, she took what she thought was flaxseed oil while training with her then-trainer Trevor Graham. She says that after she stopped training with him, she realized that had been actually been using the designer steroid THG.

In 2003, during a grand jury investigation of Bay Area Laboratory Co-Operative (BALCO)-a lab involved in the scandal linking professional athletes to steroid use-Jones denied ever using performance-enhancing drugs. She filed a lawsuit against Victor Conte, BALCO’s founder, who has said that he saw Jones inject herself with a performance-enhancing drug.

A 2003 search warrant uncovered doping calendars, ledgers, purchases, and blood-test results linking Jones and Graham to BALCO.

Jones also confessed to lying about how much she knew regarding Tim Montgomery’s involvement in a check-fraud scam. Montgomery is the father of her Jones’s son Monty. Millions of dollars in stolen and forged checks were involved. Prosecutors in New York say they have a $25,000 check that Jones signed, as well as testimonies of other defendants implicating her in the scheme.

Although Jones had hoped to avoid prison time, U.S. District Judge Kenneth Karas has ordered her to serve the maximum time allowed under her plea agreement. He wants athletes to become aware of the consequences that using performance enhancing drugs can have on their lives and careers.

Jones gave her Olympic medals back. The International Olympic has erased her records from the record books.

Marion Jones sentenced to 6 months for lying about steroids, Boston.com, January 11, 2008
Marion Jones Sentenced to Six Months in Prison, New York Times, January 11, 2008

Related Web Resource:

BALCO Investigation Timeline, USA Today
Marion Jones, US Olympic Team Continue reading

January 4, 2008

Massachusetts Dance Instructor Faces Charges In Second Rape Case

by Altman & Altman

Police in Massachusetts arrested Keith L. Sampson, a dance instructor who lives in South Easton on Saturday. He is charged with raping a 15-year-old student at his home. The girl was with Sampson when police arrested him. Police found the two of them after the teenager sent a text message to a friend who then told police where she was.

The 15-year-old studies dance with Sampson at a school in Johnston, Rhode Island. Sampson is now in custody but had been out on bail because of his alleged involvement in another rape incident involving another 15-year-old girl.

Sampson, 29, was arrested in 2005 for the alleged rape of another one of his students, this time in Norton. He faces two counts of statutory rape in the first case. In this latest case, he was charged with rape of a child and drugging an individual for the purpose of sexual intercourse. Sampson says he is not guilty.

In Massachusetts, nonconsensual sex with a person under 16 years of age is considered the rape and abuse of a child. A conviction for raping a child can lead to life in person.

Under the General Laws of Massachusetts:

Chapter 265: Section 23. Rape and abuse of child
Section 23. Whoever unlawfully has sexual intercourse or unnatural sexual intercourse, and abuses a child under sixteen years of age shall, for the first offense, be punished by imprisonment in the state prison for life or for any term of years, or, except as otherwise provided, for any term in a jail or house of correction, and for the second or subsequent offense by imprisonment in the state prison for life or for any term of years, but not less than five years; provided, however, that a prosecution commenced under the provisions of this section shall not be placed on file or continued without a finding.

Dance teacher facing another kid rape rap, Boston Herald, January 4, 2008
Dance teacher again busted for rape, The Sun Chronicle, January 4, 2008
Related Web Resources:

The General Laws of Massachusetts

Mass. Law About Rape and Sexual Assault
Continue reading

January 3, 2008

Crime Rate in Boston, Massachusetts Went Down in 2007

by Altman & Altman

The city of Boston is reporting a lower crime rate for 2007 than in 2006. The Boston Police Department offers the following statistics comparing the number of crimes that occurred from January 1 – December 23, 2007:

Vehicle theft and attempted vehicle theft: 34,008 in 2006; 354 in 2007.
Larceny and attempted larceny: 16,405 in 2006; 16,782 in 2007.
Burglary and attempted burglary: 3,994 in 2006; 3,708 in 2007,
Aggravated assault: 4,351 in 2006; 4,166 in 2007.
Robbery and attempted robbery: 2,657 in 2006; 2,200 in 2007,
Rape and attempted rape: 285 in 2006; 267 in 2007,
Firearm-related arrests: 718 in 2006; 657 in 2007.
Nonfatal shootings: 321 in 2006; 271 in 2007.
Murder by firearm: 52 in 2006; 51 in 2007.
Homicide: 73 in 2006; 66 in 2007.

Detectives in Boston made arrests in 25 of the 66 homicides that occurred last year. There were 1,230 less reported crimes in 2007 than in 2006.

The type of crime where there were more incidents last year than the year prior is larceny-due in large part to a 300% increase in stolen GPS systems. More than 1,000 GPS systems were stolen last year.

Also, four of the deadly shooting crime victims were juveniles under 14 years of age. There was only one shooting crime victim that young in 2006.

BPD Commissioner Edward F. Davis says he is confident the crime rate will go down further in 2008. Boston police are encouraging residents to drop the ‘stop snitching’ culture that exists.

In 2007, police received 612 anonymous crime tips and 476 text messages between June and December. Boston Police are working on setting up a cold case department that would focus on unsolved homicides.

2007 drop in crime buoys Hub leaders, Boston.com, January 1, 2008
City closes out year with fewer homicides, overall crime down, Boston Herald, January 1, 2008
Crime rate moves in right direction, Boston Herald, January 3, 2008
Boston’s crime statistics for 2006, 2007 compared, Boston Herald, January 1, 2007

Related Web Resources:

Police Department, City of Boston
Boston Crime, Universal Hub Continue reading