Boston Criminal Lawyer Blog

October 19, 2016

ROXBURY CRIMINAL INVESTIGATION INTO SHOOTING CONTINUES TO FOCUS ON VICTIM’S FATHER AND GANG VIOLENCE

On Monday, we began discussing the matter in which was young girl was shot last weekend. The father, who police believe was the attended victim, has been unable or unwilling to cooperate with law enforcement about the shooting.

Witnesses and community leaders have been voicing outrage over the second shooting to wound a young girl in Roxbury in less than a week — this time when her allegedly gang-member father (hereinafter, the “Father”) was targeted, according to police.

Saturday afternoon’s brazen gunplay on Winslow Street left a 2-year-old with injuries to her leg and hand. On Oct. 9, a 9-year-old girl was shot and critically injured at a family get-together.

“We’ve had a real bad week. Anyone who has ever loved a child — they’re heartbroken,” said Emmett Folgert of the Dorchester Youth Collaborative, which works to divert kids from gang life.

According to the Boston Herald ), Mayor Martin J. Walsh has commented, “This particular case, [Father] is not willing to step up … That’s a coward right there. And it bothers me. And certainly, we’re trying to find out who did this shooting … It was a gang-involved shooting, and they clearly were going after this young girl’s father and he’s clearly not talking to the police about it. I just can’t fathom that.”

October 17, 2016

THE ROXBURY SHOOTING OF A CHILD BRINGS PRESSURES AND ASSUMPTIONS ABOUT HER “GANG-AFFILIATED” FATHER

by Samuel Goldberg

There still remains a bit of confusion as to what law enforcement and others need in order to legitimately (under the law) jump to conclusions about…well…you.

Folks seem to know that, in order to convict a criminal defendant, the government must prove that individual guilty beyond a reasonable doubt. We have discussed whether or not that is what really happens in the reality of the courts…but that is not the issue for today.

Today, I think we need to address various matters in which proof beyond a reasonable doubt is not necessary to ruin your life. Sometimes mere suspicion is enough.

For example, let’s turn to a very recent story in the news. The Boston Herald tells us that various black community leaders are calling on the father of a 2-year-old girl who was shot as she sat in the back seat of his car in Roxbury yesterday to cooperate with investigators who are trying to track down the shooter.

These calls are predicated on the belief that the man is a “known gang kid”.

September 30, 2016

WEYMOUTH ALLEGED ASSAULT, BATTERY AND KIDNAPPING VICTIM MAY BE PROSECUTED FOR MAKING FALSE ACCUSATIONS

by Samuel Goldberg

No one seems to know why this happens sometimes. In some cases, one can make out a motive…I’ve seen that a lot. However, sometimes, we are treated to no reason at all.

I am talking about complainants who admittedly lie about their allegations. Generally, however, even when that complainant’s lack of credibility is clear to everyone in the room, the prosecution seems to turn a blind eye to that unfortunate fact. . I’ve seen this as well. Sometimes, even when said complainant actually recants.

Even with police witnesses, as we have discussed.

September 28, 2016

SUFFOLK SUPERIOR COURT JUDGE MITCHELL KAPLAN DELIVERS JUDGEMENT IN MURDER TRIAL

by Samuel Goldberg

The judge’s comments were on the money and everyone should recognize it. Not knowing it could end your life one way or another.

The judge is Suffolk Superior Court Judge Mitchell H. Kaplan. He just presided over a murder trial. The case was the Commonwealth of Massachusetts vs. Peter Castillo (hereinafter, the “Defendant”).

The Defendant is the 28-year-old man who was charged with fatally shooting Stephen Perez, Jr. in order to settle an early morning insult-fest between the two strangers as they headed to their cars at closing time.

Perez had just returned from two terms of duty in the military. He was a sniper who served in Afghanistan and Iraq and was on a waiting list to enter the Revere police academy. His death came 10 days before his 23rd birthday. He lived in Revere.

September 27, 2016

MASSACHUSETTS JUVENILES AND ADULT ARE ARRESTED IN CONNECTION WITH STOUGHTON CVS SHOOTING

by Samuel Goldberg

Usually, a stroll to the local CVS Pharmacy is something that you can assume will be non-eventful.

Not in Stoughton. Not last week.

Last week, three kids allegedly entered a Stoughton CVS, had words with another teen and then shot him.

September 22, 2016

SJC RULES THAT RUNNING FROM BOSTON POLICE DOES NOT NECESSARILY INDICATE GUILT

by Samuel Goldberg

In Twelve Step programs, one of the steps to recovery is to “make amends” to people you have wronged. Well, while I am not involved in such a program at present, I do owe you, my readers, an amends. I left you hanging during the police cam festivities, hinting that I was going to be returning to shining the light of truth on that notorious department…the Department of Children and Families.

Well, the police cam controversy is over for now and I will wait a bit longer before I return to the truth of …Them. Instead, let’s look at a more recent criminal case about which you should be aware.

Especially given the fact that we are probably going to be inundated with data from the police cams.

It involves a criminal appeal which, lo and behold, actually recognizes a particular reality which we have discussed many times in this blog.

September 9, 2016

CRIMINAL APPEAL BEFORE SJC IN POLICE OFFICER MURDER CASE IS SUCCESSFUL

by Samuel Goldberg

I have been bouncing back and forth between the Boston Police Union vs. Body Cams follies and the return to…that other Department…in terms of topics for the blog this week.

I think, as a prelude to both, I should bring you a case in which the Supreme Judicial Court has just agreed that Mr. Sean Ellis (hereinafter, the “Defendant”) should be granted a new trial.

According to the Boston Herald , the Defendant was charged with shooting and killing Police Officer John Mulligan at approximately 3:30a.m. on September 26, 1993. The Defendant was convicted after trial in 1995.

According to the Commonwealth, Officer Mulligan had been on a security detail at the time. Allegedly in his car, asleep.

For some reason, the case was tried several times before he was finally convicted in 1995 and sentenced to a life sentence.

As it turned out, however, there were issues which dwelled beneath the simplistic view of the shooting which the Commonwealth wished to share with either the jury…or the defense.

September 2, 2016

BOSTON POLICE DEPARTMENT CONTINUES THE PUBLICLY FUNDED FIGHT TO AVOID SCRUTINY

by Samuel Goldberg

Ok, I know that when I left off in my last blog, I indicated that I was going to return to the topic of a particular mismanaged blight on the Massachusetts landscape that is being slipped a pass by our governor…but that will have to wait until next week.

Despite how it may seem, I have great respect for police officers. I do, however, recognize that some of them do bad things. To me, if you are hired to be a hero five days a week, it does not entitle you to act like a criminal on the other two.

I also have to recognize lunacy when I see it. And, dear readers, I have to admit that this seems like lunacy.

The Boston Herald tells us that the Boston Police Patrolmen’s Association is now seeking an injunction to prevent the department from ordering police officers to wear body cameras as part of the pilot program slated to begin next week.

August 30, 2016

A LONGTIME BOSTON CRIMINAL LAWYER PAYS HOMAGE

by Samuel Goldberg

As you may recall, I have been entrenched in the criminal justice system, as well as a few related arenas, for over 30 years. Over the last several years, I have been doing so as Of Counsel at Altman & Altman, LLP in Cambridge

The last few years, of course, have also brought me the noteworthy Ian Keefe as my associate here.

Yesterday, as I was busy turning 57 years old, I took some time, as we often do at birthdays, taking stock of the situation.

You know, there is a reason that the recognition on www.Expertise.com I recently got mentioned both Altman and me.

Altman & Altman, LLP is primarily a personal injury law firm. However, the Altmans realized the wisdom in having other attorneys, like me, around so that their clients can receive expert representation in other areas of law as well.

August 24, 2016

BOSTON SHOOTINGS, POLICE CAMS AND YOU (Part Three)

by Samuel Goldberg

Well, apparently, we are actually getting started.

The Boston Police Department’s body camera pilot program is now being launched with 100 officers selected by a department consultant after none volunteered.

Ruffled blue feathers? Maybe. But progress has been made according to Boston University’s NPR station, WBUR,

The six-month trial starts today with two days of training. It goes live next month.

The 100 officers are said to be racially and gender diverse. According to the police department, 55 of them are white, 29 are black, 13 are Latino and 3 are Asian. Eighty-seven of the 100 are men. You can figure out how many are not,

The officers are scheduled to patrol some of the city’s high-crime neighborhoods, college student enclaves and tourist hotspots.

Activists had called for this program for a while, since the police shooting of Michael Brown in Ferguson, Missouri, two years ago.

Controversy dogged the start of the program, however. Some of that still exists as the NAACP has questioned why a disproportionately high number of black officers are wearing the cameras, while others wondered why the largely Latino East Boston neighborhood is not included

And so it goes.

Attorney Sam’s Take On Perspective…Blue And Darker

“Sam, what’s the big deal here? Why is this so important?”