Boston Criminal Lawyer Blog

July 10, 2007

Boston’s Bonbon Bandit Allegedly Robs Another Store in Massachusetts

The man that Boston police have dubbed the Bonbon Bandit allegedly robbed another store on Thursday. In this attempt, the suspect, who is blamed for at least 18 robberies at upscale clothing, food, and decorating stores at the South End and in downtown Boston, robbed a five-and-dime store on Albany Street.

A witness says the man entered the shop at 5:30 in the afternoon, took a bottle of water from the cooler, and went to the counter where he then took cash from the register.

The Bonbon Bandit is known for striking at businesses where there are primarily women employees and no security cameras. Seven of the places robbed by the alleged suspect were ice cream shops. He is also a suspect in several other robberies, including thefts that took place at stationary shops, a candle store, gift shops, and a dry cleaner’s.

The suspect has allegedly used a handgun, a sawed-off shotgun, and a knife during some of the robberies.

Robbery is considered a violent crime in Massachusetts. It is what occurs when someone uses intimidation or violence to take someone else’s property. When the suspect uses a gun, knife, or another weapon to commit the robbery, then the crime becomes armed robbery.

Under Massachusetts General Laws-Crimes Against the Person-Chapter 265, Section 17:

“Whoever, being armed with a dangerous weapon, assaults another and robs, steals or takes from his person money or other property which may be the subject of larceny shall be punished by imprisonment in the state prison for life or for any term of years; provided, however, that any person who commits any offence described herein while masked or disguised or while having his features artificially distorted shall, for the first offence be sentenced to imprisonment for not less than five years and for any subsequent offence for not less than ten years.

Whoever commits any offense described herein while armed with a firearm, shotgun, rifle, machine gun or assault weapon shall be punished by imprisonment in the state prison for not less than five years.

Any person who commits a subsequent offense while armed with a firearm, shotgun, rifle, machine gun or assault weapon shall be punished by imprisonment in the state prison for not less than 15 years.”

Cops: Bonbon Bandit Quenched Thirst in Latest Theft, Boston Herald.com, July 7, 2007
Boston Police Hunt for Sweet Shop Bandit, Forbes.com, July 6, 2007
Massachusetts General Laws – Crimes Against the Person – Chapter 265, Section 17
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July 5, 2007

New Bedford Police Charge Massachusetts Man with Biting Off the Lip and Mouth Of His Girlfriend’s 3-Year-Old Girl

by Altman & Altman

In New Bedford, Massachusetts, Brian James, 34, is being held without bail for allegedly biting off the ear and lip of a 3-year-old girl. The child is the daughter of his girlfriend, Jessica Silveria, 26, who is also being held without bail. Arrest warrants had been issued for the couple.

James is charged with assault and battery upon a child causing substantial bodily injuries. Under the General Laws of Massachusetts, Chapter 265, Crimes Against the Person. Section 13J “Assault and battery upon a child; penalties” offers the following definitions:

Bodily injury: “substantial impairment of the physical condition including any burn, fracture of any bone, subdural hematoma, injury to any internal organ, any injury which occurs as the result of repeated harm to any bodily function or organ including human skin or any physical condition which substantially imperils a child’s health or welfare.”

Child: any person younger than 14 years of age
Substantial bodily injury: “bodily injury which creates a permanent disfigurement, protracted loss or impairment of a function of a body member, limb or organ, or substantial risk of death.”

Punishment for conviction of this crime is up to five years in state prison or no more than 2.5 years in the house of correction.

James has pleaded not guilty to the charges. Silveria is charged with intimidation of a witness and permitting substantial injuries to a child under 14 years of age.

According to police, the face of Silveria’s little girl was so mutilated that doctors will not be able to completely repair the damage. Part of her upper lip is now gone, and her ear cannot be made whole again. She also had bite wounds on her face and on other areas of her body.

James and Silveria are scheduled to appear in court next week for a dangerousness hearing. A dangerousness hearing can be called by the Assistant District Attorney. This allows the Assistant D.A. to hold the defendant in pre-trial detention with no bail. In order to prove dangerousness, there has to be “clear and convincing” evidence that letting the defendant go could be dangerous for the victim or other members of the community.

Officials at Children’s Hospital in Boston think that the bite attacks started in January and went on until at least April. However, Lori James, James’ aunt, claims that her nephew did not bite the girl’s lip and that the 3-year-old had told her that her tooth went through her lip when she fell in the tub. Lori James says that James has never abused any children.

Mass. Man Charged With Savagely Biting Little Girl, Keyetv.com, July 5, 2007
Police Arrest Man Accused Of Biting 3-Year-Old, Yahoo.com, July 4, 2007
Domestic Violence Brochure, Mass.gov
Crimes, Punishments, and Proceedings in Criminal Cases, The General Laws of Massachusetts Continue reading

July 2, 2007

Stabbing Suspect in Boston Barroom Fight Pleads Not Guilty

by Altman & Altman

This week, a Suffolk Superior Court judge will decide whether to set bail for Bernard Piscopo, 38, the man charged in the June 17 stabbing death of Adam Rich, 26, at The 6 House bar in Boston. Piscopo’s attorney is pushing for bail because the defendant has multiple sclerosis.

Rich died after someone stabbed him eight times all over his body, including his legs, stomach, chest, back, and hand. He was treated at Boston Medical Center. His friend, Thomas Browne, was treated at Massachusetts General Hospital. Browne received 40 stitches for his knife wounds. No one has been charged in Browne’s stabbing.

According to Piscopo’s defense attorney, his client is afflicted with multiple sclerosis and could not have possibly committed the crime. His lawyer says that the bar’s cameras and forensic evidence show that Piscopo was not involved in the fight.

Witnesses from that night say that there were two altercations between bar patrons before Piscopo, a Dorchester resident, allegedly pulled a knife from his pants. He is accused of stabbing Rich and another man.

Piscopo claims that the defendant does not drink because of the shots he is required to take to manage his multiple sclerosis. He has no criminal history and served in the U.S. army for nearly 10 years. Piscopo has a fiancé and two children.

The 6 House is under investigation because of its patrons’ behavior and also for complaints that it does not offer employees workers’ compensation.

The “Not Guilty” Plea
Under the Massachusetts Rules of Criminal Procedure, when a defendant is charged with a crime, he or she can only plead guilty, not guilty, or nolo contendere. The option to plead innocent does not exist. A jury in Massachusetts is only allowed to render a verdict of not guilty or guilty. A person who committed a crime may be found not guilty for many reasons, including inadmissible evidence and by reason of insanity.

Bail Decision Due Monday in Barroom Slay, Boston Herald.com, June 29, 2007
S. Boston Stabbing Suspect Pleads Not Guilty, Boston Globe, June 21, 2007
Not Guilty Does Not Mean Innocent, Massachusetts Bar Association

Related Web Resources:

Multiple Sclerosis Health Center
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