by

New England Patriots defensive back Willie Andrews says he is not guilty of possession of marjjuana with intent to distribute. The 24-year-old football player responded to the charges during his arraignment today in Lowell District Court in Massachusetts.

Andrews was arrested this morning on Middlesex Street in Lowell near the University of Massachusetts. He did not appear inside the courtroom during his arraignment-although he was at the courthouse-and the facts of the case were not read aloud in court. A Lowell police report related to the case, however, describes how the football player was pulled over by police, who noticed a “strong, pungent” smell.

The report says that Andrews confirmed that he had hidden marijuana in his groin area. Another two to three ounces of pot were found beneath his seat. About half a pound of marijuana, worth approximately $500, was reportedly found with the Patriots player. He was given a bail warning and released on his own recognizance.

The football player must inform a probation officer if he decides to travel outside Massachusetts. A violation of his probation could result in up to two months in jail. The football player is also charged with driving an unregistered motor vehicle.

This incident is not Andrew’s first brush with the law. He was convicted of criminal mischief a few years ago. He was on probation when police found a gun in his possession during a traffic stop. He served 10 days of a 30-day jail sentence.

In Massachusetts, a marijuana possession offense is a misdemeanor. A conviction could lead to six months in jail and a $500 fine. If it is a first offense, the punishment for conviction could be probation.

The sale or cultivation of pot is considered a felony. Depending on the amount of marijuana and the circumstances involving in the arrest, a conviction could lead to 2 to 15 years in prison and a $5,000 to $10,000 fine.

Patriots player busted for pot, BostonHerald.com, February 5, 2008
Patriots defensive back charged with marijuana possession in Lowell, Boston.com, February 5, 2008
Related Web Resources:

Massachusetts State Penalties

Willie Andrews, Patriots.com Continue reading

by

Michael Devlin, a 42-year-old former pizza shop manager who kidnapped two boys and keeping one of them with him for more than four years, has started serving his 74 life terms in solitary confinement. He has also been sentenced to 170 years in Federal prison.

He will serve out his sentences at the maximum-security prison in Cameron. His cell is located in “administrative segregation” and he will be confined nearly all the time. He will not have any contact with the other inmates and he is not allowed any physical contact with any visitors. Devlin will be allowed an hour of recreation three times a week and a shower every third day.

Federal and state prosecutors had charged Devlin with multiple counts of sexual abuse, abduction, and kidnapping. Last October, Devlin, pled guilty in three Missouri counties and in federal court to abducting Shawn Hornbeck, 11, in 2002 and Ben Ownby, 13, in January 2007.

The two boys were found at Devlin’s residence in St. Louis County four days after Ownby’s kidnapping. Devlin was arrested on January 12, 2007.

Both boys have not discussed their ordeal public. According to news reports, however, Shawn, now 16, was tortured and sexually abused by Devlin. Shawn was with Devlin for over four years. Devlin had Shawn pose as his son. Shawn was reportedly too scared of Devlin to let people know who he really was.

A person who is arrested or charged for allegedly committing any crime, including kidnapping or a sexual crime, is entitled to the services of an experienced criminal defense team that is committed to protecting the defendant’s legal rights. Our Boston, Massachusetts criminal defense law firm represents criminal defense clients who are under investigation or have been charged with crimes in Massachusetts.

The U.S. Justice Department says that some 800,000 children in the United States are reported missing every year. A little over 260,000 of these cases involve an actual abduction. About 204,000 of the incidents usually involve some sort of family custody dispute. 58,000 of the cases involve children who were abducted by someone that is not a relative. 115 of these abductions involve victims who are taken away by permanently, held for ransom or are murdered.

Kidnapper’s future: 74 life terms completely alone, CNN.com, January 31, 2008
A year after ordeal ended, kidnapped boy doing well, MSNBC.com, January 11, 2008
Life returning to normal for Ben Ownby, MSNBC.com, January 8, 2008

Related Web Resources:

Child Abduction, Analysis, The Crime Library

Child Abduction Facts, Parents.com Continue reading

by

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

by

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

by

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

by

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

by

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

by

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

by

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

by

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

Contact Information
Cambridge, MA
Main Office
675 Massachusetts Avenue
Cambridge, MA 02139
Phone: 617.206.1920Fax: 617.491.3299Toll Free: 800.481.6199
Boston, MA
1 State St
Suite 2
Boston, MA 02109
Phone: 617.547.1205Toll Free: 800.481.6199
Needham, MA
250 First Avenue 2nd Floo
Needham, MA 02494
Phone: 781.675.2329Toll Free: 800.481.6199

Some Select Cases are referred to other attorneys for principal responsibility

By publishing this information on this Website, the Boston, Massachusetts law firm of Altman & Altman LLP is not claiming to represent any clients or cases mentioned here. The content provided is designed to inform readers and is not intended as legal advice.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Copyright © 2025, Altman & Altman LLP
JUSTIA Law Firm Blog Design