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Robert Iacoviello Jr. has pled not guilty to the shooting murder of Revere Police Officer Daniel Talbot on September 29 in Massachusetts. At the 20-year-old’s arraignment in Chelsea District Court, he was ordered held without bail.

Also charged in Talbot’s murder is Derek Lodie, 17, who has pled not guilty to being an accessory to murder.

Iacoviello’s defense attorney claims that his client did not shoot Talbot. He says that police intimidated the witnesses they interviewed so that they could name a suspect as soon as possible.

According to the prosecution, Talbot and two other police officers were drinking beer and hanging out by the bleachers on the athletic field at Revere High School. Lodie and Talbot allegedly got into a verbal fight, which allegedly ended with Iacoviello shooting Lodie in the head.

At his arraignment this morning, Prosecutor Ed Zabin alleged that Talbot, who was socializing while “off duty” with other officers, was ambushed by the two defendants. Zabin claims that Lodie was offended by something Talbot said and called Iacoviello and a few others by cell phone to join him on the high school field.

At this time, Lodie and Talbot allegedly got into a verbal fight. Lodie walked into the parking lot during the discourse and Talbot followed him there. They were met by Iacoviello and Lodie’s other friends. Iacoviello then allegedly pulled out a gun and shot Talbot in the head.

Iacoviello will appear in court again on December 12 for his probable cause hearing.

Probable Cause Hearing
A probable cause hearing takes place so that a judge can decide whether the prosecution has enough evidence to charge a defendant with a crime that may need to be “bound over” to a higher court. The outcome of the hearing is based solely on the prosecution’s evidence.

Prosecutor says slain Revere cop was ambushed, Bostonherald.com, November 13, 2007
Man pleads not guilty in slaying of Revere officer, Boston.com/AP, November 13, 2007
Common legal proceedings, Massachusetts Bar Association

Related Web Resource:

Remarks of District Attorney Daniel F. Conley on the Arrest of Robert Iacoviello, Jr., Suffolk County District Attorney’s Office Continue reading

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A Stoneham, Massachusetts priest was arrested in New York last week for allegedly stalking NBC talk-show host Conan O’Brien. The Roman Catholic Archdiocese of Boston has suspended Reverent David Ajemian, 46.

Ajemian allegedly sent threatening e-mails and letters to the television host’s house and office, went to the studies where the host’s nightly show is shot, and contacted O’Brien’s parents. Ajemian was arrested while trying to enter a taping session of “Late Night with Conan O’Brien.”

Ajemian was arrested on charges of stalking and aggravated harassment. He could face up to one year in prison if convicted.

Ajemian, like O’Brien, is a Harvard graduate. In his letters and e-mails to O’Brien he would sign his name using the moniker “Padre.” In one note, he called himself one of O’Brien’s “most dangerous fans.” Ajemian also referred to himself on more than one occasion in his letters as “your priest stalker.” He also has allegedly posted hundreds of messages as Padre009 on an NBC online message board that focuses on the “Late Night with Conan O’Brien” show.

Under Massachusetts law, the definition of stalking includes the willful and malicious acts that are conducted over a period of time to purposely annoy or scare a person and cause them significant personal distress, as well as making threats or acting in a threatening way that a victim fears for his or her life or physical safety. Stalking can take place in person, over the telephone, or via Internet, fax, or regular mail. The maximum prison sentence for stalking if convicted in Massachusetts is five years.

Stalking is a serious criminal offense and can cause severe long-term emotional and physical harm to the victim and his or her friends and relatives.

1.4 million people in the United States are stalked annually. Both men and women can be stalking victims. Celebrities are easy targets for stalking because they are exposed to millions of people that they don’t know through film of television.

Just because you have been arrested for stalking someone does not mean you are guilty of the charges.

Priest faces charges of stalking TV late-night host O’Brien, Boston.com, November 8, 2007
Police Arrest Boston Priest for Stalking Late Night TV Host Conan O’Brien, Foxnews.com, November 8, 2007
Chapter 265: Section 43. Stalking; punishment, Massachusetts Stalking Law, Wiredsafety.org
Related Web Resource:

The People of the State of New York Against David Ajemian, the Smoking Gun Continue reading

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The second trial of Former Harvard grad student Alexander Pring-Wilson began with opening statements on Wednesday. Pring-Wilson, now 29, was convicted of manslaughter three years ago for the 2003 stabbing death of 18-year-old Michael Colono.

A judge, however, ordered a retrial after the Massachusetts Judicial Supreme Court ruled in a different case that jurors should be given the opportunity to look at a victim’s violent history if it supports a defendant’s self-defense claim.

Pring-Wilson has always maintained that he acted in self-defense because Colono and his cousin, Samuel Rodriguez, were beating him up.

Rodriguez, however, has said that the former Harvard grad student repeatedly stabbed Colono with a Spyderco military folding knife for making fun of him. Pring-Wilson is accused of stabbing Colono 5 times in 70 seconds.

Details regarding Colono’s violent history were withheld during the last trial can now be revealed by the defense. Information that is now admissible includes Colono’s arrest for throwing money into a cashier’s face at a pizza place and destroying the restaurant’s glass door, as well as another arrest for allegedly assaulting subway passengers.

More details about Rodriguez’s criminal record and violent past will also be revealed to jury members. Domestic violence incidents, an attempt to knife his brother-in-law, and attacking a car rider after egging the motor vehicle are some of the incidents that are expected to be revealed by the defense.

On Wednesday, jury members toured the scene of the fight on Western Avenue in Cambridge, Massachusetts.

If the prosecution cannot prove beyond a reasonable doubt that Alexander-Pring Wilson is guilty of the charges, then the jury must find him not guilty.

Retrial Starts For Former Harvard Student Charged In Stabbing Death, WCBV, November 7, 2007
Jury selected in Pring-Wilson retrial, Boston.com, November 6, 2007
Manslaughter Retrial Begins for Former Grad Student, Harvard Crimson, November 5, 2007

Related Web Resources:

Pring-Wilson Convicted of Manslaughter; Sentenced to 6-8 Years in State Prison (PDF)

Memorandum of Decision and Order on Defendant’s Motion for Relief from Judgment Pursuant to Mass. R. Crim P. 25 (B) (2), June 24, 2005 (PDF)

Justice for Alexander Pring-Wilson, Alexander Pring-Wilson.org Continue reading

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Massachusetts police chiefs says the cities of Lowell and Lawrence are among the cities in the state that experienced a slight decrease in crime. Woburn and Arlington saw the biggest increase in total crimes committed from January to June 2007.

The group, made up of Massachusetts police chiefs, says most municipalities with 40,000 residents or more saw a 2% increase in crime during this six month period. Arlington, however, saw a 38% increase in crime with 354 crimes committed from January to June 2007. 256 crimes were committed during the same time period in 2006).

Crimes in Boston decreased by 1%. Brookline and Brockton experienced an 11% decrease-the largest drop in the state. Crime in Medford dropped 8% while crime in Woburn dropped 11%.

Felony crimes, including motor vehicle theft, homicides, theft crimes, and burglary and some misdemeanor crimes, such as larceny under $250, were among the crimes factored into the study. Violent crimes and property crimes increased in cities where an increase in crimes was noted.

On Friday, Massachusetts Governor Deval. Patrick met with Harvard University students and community leaders. He promised the students at his alma mater that he would direct more funds toward preventing crime. He also vowed to develop a strategy to fight crime.

At the meeting, the Harvard Black Student Association and Harvard Black Men’s Forum, and Operation Greensboro-an anti-violence group-asked Governor Patrick to commit $50 million to fighting crime in the six most violent Massachusetts cities. Patrick, however, would not commit to an amount.

Arlington, Woburn report rise in crime, Boston.com, November 4, 2007
Governor Promises Funds for Crime Prevention, The Harvard Crimson, November 4, 2007

Related Web Resources:

Massachusetts Crime Rates, Disaster Center
Governor Deval Patrick, Mass.gov Continue reading

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The man charged with beating 78-year-old Robert J. Moore Sr. to death with a bat-like object reportedly has been suffering from mental health problems, says a missing report that his wife filed with police in Norwood last August.

41-year-old William B. Dunn was working as a contractor and installing a lawn sprinkler system at Moore’s home when an argument broke out between the two men and Dunn reportedly attacked the elderly homeowner. Moore sustained extensive head injuries. His daughter-in-law Nancy was hospitalized at Beth Israel Deaconess Medical Center because of injuries she sustained while trying to stop the attack. Her son, Jamie, who had been painting outside, found his mother bleeding on the basement floor.

Police searched for Dunn for hours after the murder. Schools were locked down for up two hours after classes ended. Dunn was captured in a marsh close to route Route 128. His arraignment is scheduled for Monday.

According to the missing person report, Dunn was voluntarily committed to the psychiatric ward of Norwood Caritas Carney Hospital. His wife filed the missing person report after he left the ward.

Moore’s slaying was the first homicide in Needham, Massachusetts since August 1989.

The Insanity Defense
The insanity defense is a plea that claims the defendant is not guilty of a crime because he or she does not have the mental capacity to know that what he or she did was wrong. The “irresistible impulse” defense-allowable in certain states, lets defendants claim that they knew they were committing a crime but they lacked the ability to stop themselves.

In Massachusetts, the effectiveness of the insanity defense in a criminal case can depend on whether the accused can determine between right and wrong when he or she committed the crime.

The American Psychiatric Association says that 80% of cases in which a defendant is found not guilty by reason of insanity are the result of a plea bargain between the defense and the prosecution.

Brutal slaying puts Needham into lockdown, Boston.com, November 3, 2007
Slay suspect had mental health problem, Boston.com, November 4, 2007

Related Web Resources:

Experts: Insanity pleas don’t often work, The Patriot-Ledger, March 12, 2005
Mental illness tough to prove in court, Post-Gazette, May 7, 2000 Continue reading

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Ex-Prison Break Star Lane Garrison will serve 3 years and 4 months in a California prison in the DUI car accident death of a California teenager.

Garrison, 27, pleaded guilty to one count of vehicular manslaughter without gross negligence, a misdemeanor of providing alcohol to a minor, and one count of driving under the influence with a BAC level of .15 or higher.

Garrison had been driving under the influence of cocaine and alcohol in December 20067 when he crashed his 2001 Land Rover into a tree. Vahagn Setian, a 17-year-old student from Beverly Hills High and a passenger in the Land Rover, died in the accident. Two 15-year-old girls, also riding in the car, sustained injuries.

The actor’s BAC level was .20, which is twice as much as the legal driving limit in California. He also had cocaine in his system at the time of the crash.

Garrison met the teenagers at a grocery store and accompanied them to a party where he allegedly drank alcohol with minors and then went back to the store for more alcohol.

Being convicted of homicide while driving under the influence of alcohol or drugs in any US state is a very serious matter.

In Massachusetts, the Blood Alcohol Concentration (BAC) level is .08. Under Vehicular Homicide Law:

Vehicular Homicide While Operating Under the Influence of Alcohol or Other Drugs and While Operating To Endanger: Mandatory minimum 2 ½ years and up to 15 years in state prison or mandatory minimum 1 year and up to 2 ½ years in jail; plus fines and loss of license
Vehicular Homicide While Operating Under the Influence of Alcohol or Other Drugs or While Operating To Endanger: Mandatory minimum 30 days and up to 2 1/2 years in jail; plus fines and loss of license.

Actor Lane Garrison gets 40 months in jail for crash that killed teen, LA Times.com, October 31, 2007
Ex-‘Prison Break’ actor gets 40 months, CNN.com, October 31, 2007
Homicide, Mass.gov

Related Web Resource:

Lane Garrison News Stories, TV.com Continue reading

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The defense attorney for Magician David Copperfield say that a Grand Jury leak in the celebrity’s rape investigation case has undermined the investigation and unfairly defamed his client’s reputation.

A 21-year-old Washington State woman is claiming that the 51-year-old magician raped her over a 2-day-period at his 150-acre resort in the Bahamas. She also is accusing him of striking her and threatening her before placing her on an airplane.

The 51-year-old magician has not been charged with any crime. The leak, however, could contaminate any jury pool if he is charged, and destroy his reputation.

The woman claims that a member of Copperfield’s entourage approached her and her family at one of the magician’s performances on the West Coast. They were given special seats and she was invited onstage during the performance.

She claims Copperfield invited him to his Bahamas retreat. When she returned from her trip, she filed a police report and was examined at a sexual assault center.

The FBI has searched a Las Vegas casino hotel room and the magician’s warehouse. They confiscated a computer hard drive and a digital camera.

Copperfield’s attorney denies that he raped anyone.

A rape charge is considered a very serious criminal offense.

Celebrity Trials
When a celebrity is charged with a crime, the case is usually very high profile and attracts a great deal of media attention. Some analysts express concerns that celebrities convicted of crime get special attention and that the public and juries can’t help but have biased feelings about a celebrity defendant.

Usually, defense attorneys will have to work extra hard to prove that their celebrity clients are not guilty. Any leaks could taint any potential jury pool. Criminal investigations and trials involving celebrities tend to be very costly for everyone involved and even if a celebrity defendant is exonerated, the damage to his or her reputation or career may be irreparable.

Whether you are a celebrity or a private citizen accused of committing a crime, you should hire an experienced criminal defense attorney that can properly defend you against any charges.

Leak Complicates Copperfield Case, CBS News, October 30, 2007
At Celebrity Trials, the Spotlight Is Sharp but Shifting, New York Times, January 29, 2005

Related Web Resource:

Sexual Assault & Rape, Mass.gov Continue reading

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A Massachusetts man was arrested in connection to yesterday’s deadly home invasion in Winchester that left one man dead and the other seriously injured in what is being called a “targeted” gun attack and robbery.

Wally Jacques Simon, a 30-year-old Medford man, was arrested soon after in Boston. At his arraignment at Woburn District Court yesterday, Simon, was charged with armed assault with intent to murder and home invasion.

In the attack, 50-year-old Christopher A. Barbaro was killed after he was shot in the head. Barbaro’s 48-year-old brother Bryan sustained gunshot wounds to the chest and was robbed. This is the first homicide in Winchester in the last five years.

Massachusetts is one of the few US states with a home invasion statute. Home invasion can be committed when a person enters a home that is occupied by another person without permission to intentionally commit a crime. A person can even be arrested for home invasion by merely threatening to commit this crime.

Chapter 265: Section 18C. Entry of dwelling place; persons present within; weapons; punishment

Section 18C. Whoever knowingly enters the dwelling place of another knowing or having reason to know that one or more persons are present within or knowingly enters the dwelling place of another and remains in such dwelling place knowing or having reason to know that one or more persons are present within while armed with a dangerous weapon, uses force or threatens the imminent use of force upon any person within such dwelling place whether or not injury occurs, or intentionally causes any injury to any person within such dwelling place shall be punished by imprisonment in the state prison for life or for any term of not less than twenty years.

Simon has pleaded not guilty to the charges. His bail was set at $250,000.

Man arrested in fatal home invasion, Boston Herald, October 25, 2007
Chapter 265: Crimes against the Person, General Laws of Massachusetts

Related Web Resource:

Home Invasionhttps://www.altmanllp.com/index.html, Massachusetts District Attorneys Association Continue reading

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Anna Tang, a 20-year-old Wellesley College student is being held without bail following her arraignment today at Massachusetts’s Cambridge District Court in the stabbing of her ex-boyfriend, a 19-year-old student at the Massachusetts Institute of Technology.

Tang is charged with home invasion and armed assault with intent to murder. The Middlesex district attorney’s office says that the MIT student woke up in his dorm room and found Tang stabbing him multiple times.

The couple had dated romantically several months and broke up three weeks ago. At that point, the relationship allegedly turned violent. Tang allegedly sent her ex-boyfriend threatening e-mails and then stabbed him this morning after breaking into his room. She was apprehended soon after. Her jacket was had blood all over it and she had a black folding back knife in the backpack she was carrying.

The victim is at local Boston hospital where he is being treated for his injuries.

Supporters of Tang have called her “meek and mild mannered.” Tang’s dangerousness hearing is scheduled for October 30.

Dangerousness Hearing
In Massachusetts, a dangerousness hearing is set up to determine whether letting a defendant out of jail on bail would be dangerous to others in the community. A large bail amount can be imposed if the person is considered dangerous. A judge can also order that a defendant be held without bail until the trial if there is no way to guarantee that others are safe if the defendant were set free. A person released on bail can also be remanded into custody until the trial if he or she violates any conditions of release.

In Massachusetts, a conviction of assault with the intent to murder means that the defendant acted with malice and actually intended to murder the victim. With this type of charge, the prosecution must prove that the defendant actually meant to commit murder. The maximum prison sentence for this type of crime is 10 years.

Wellesley student accused of stabbing former boyfriend at MIT, Boston.com, October 23, 2007
Related Web Resoures:
Enforcement of Orders; Criminal Proceedings, The Massachusetts Court System
Chapter 4. Criminal Complaints, MassLegalHelp.com Continue reading

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The life sentence of a dying convicted killer has been vacated in Massachusetts because the judge that oversaw the case had closed the courtroom to the public during jury selection for the trial. US District Court Judge Nancy Gertner issued her decision after recently finding out that the Dwayne Owens’ right to a speedy and quick trial had been violated when federal Judge William G. Young cleared the courtroom of viewers so there could be space for the 72 potential jurors.

By making this portion of the jury selection process private, Judge Young violated Owens’ sixth amendment rights.

The Sixth Amendment of the Us Constitution’s Bill of Rights says that:

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

Owens, 44, had been convicted to life in prison for the 1992 Halloween murder of Rodney Belle. Owens, who is now confined at home and wears an electronic bracelet on Judge Gertner’s orders, has terminal lung cancer. It is uncertain whether Owens will be retried for the murder again because he is dying.

Belle, a father of five children who was 30 at the time of the slaying, was in Mattapan, Massachusetts when he was shot 21 times. 4 of the shots were fired directly into his head. According to federal prosecutors, Owens, a well-known New England cocaine czar at the time of the murder, thought Bell had set him up to have his drugs stolen.

Owens, who was convicted in 1997, had served 10 years of his life sentence.

Dying killer freed due to judge error, Boston Herald, October 22, 2007
Amendment VI, US Constitution: Bill of Rights, Cornell University Law School

Related Web Resources:

United States v. Dwayne Owens, Appellant, United States Court of Appeals for the First Circuit Court
Drug kingpin may get new trial, Boston.com, April 14, 2007 Continue reading

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