Boston Criminal Lawyer Blog

September 21, 2015

Lawyer Seeks for Dismissal of Sex Charges Against Prep School Student – If Unsuccessful He Will Have To Register As a Sex Offender

Defense lawyers for the 19 year old Tunbridge, Vermont teen accused of raping a fellow classmate in 2014 have asked for a judge to dismiss the felony charge against the teen that would force him onto the sex offender registry for the rest of his life. Owen Labrie was acquitted of felony rape charges, but he still faces a felony charge for using a computer to orchestrate the encounter with the unnamed girl last May. If convicted of the felony computer charge, Labrie could face up to 11 years in prison and a lifetime on the sex offender registry.

Owen Labrie’s lawyers requested on Friday that a judge either dismiss the felony charge or prevent Labrie from having to be listed on the sex offender registry for the rest of his life. The request comes after months of back and forth between the two parties involved in the alleged rape that resulted with Labrie being convicted of sexual assault charges a few weeks ago. During the trial, Labrie stated that he had a sexual encounter with the underage victim two days prior to his graduation from the elite St. John’s Prep School in Concord, New Hampshire, but that the two did not engage in sexual intercourse. The alleged victim claimed that she consented to meet Labrie at a private location on the school’s campus, but that she had told Labrie “no” on three different occasions after their meet-up had turned sexual. She has stated that she was under the impression that the two would kiss and nothing further, even though a friend of the victim stated to authorities that the young girl had said in a private conversation that she would agree to oral sex with Labrie if the two were to meet up. The entire ordeal unraveled as a sort of he-said she-said debate. The trial ended with Labrie being acquitted of felony rape charges but still being convicted of lesser sexual assault charges since he was 18 at the time of the encounter. Continue reading

September 21, 2015

SEXUAL ABUSE, MURDER AND THE RETURN OF ATTORNEY SAM

by Samuel Goldberg

Hello there!

Remember me? Some call me “The Bull”, but here in the Boston Criminal Lawyer Blog, I am just plain ol’Attorney Sam. I want to thank my associate, Ian Keefe and the good folks at Altman & Altman, LLP, for helping me in this blog when I am unable to post. But after an unfortunate absence, I am back to give you my “take”.

As many of you know, I hang my personal hat in the North Shore…a place where criminal catastrophes occur as often as…the rest of the Bay State. Why, just this weekend, at least one dead body was discovered at Revere Beach. Today, however, I turn to a recent story from Gloucester.

Douglas Campbell, 46 years of age and, today, the “Defendant”, is not a free man today.

Again.

Earlier this year, the Defendant served time in connection with a convictions of larceny and check fraud. Now, based on allegations stemming back for more than several years, he is back in custody.
Continue reading

September 17, 2015

Leominster Man Arrested and Held Without Bail For Road Rage Incident With 71 Year Old

by Altman & Altman

A 25 year old man from Leominster, Massachusetts is being held without bail after an incident that took place on Saturday in Barre, Massachusetts that left an elderly man badly wounded. Ryan Kobus faced arraignment on charges relating to the incident, of which included assault and battery on a person over 60 with serious injury, malicious destruction of property over $250 and disorderly conduct. Following the arraignment, Kobus was ordered held without bail and was scheduled for a dangerousness hearing next week.

The incident occurred on Saturday evening following an alleged case of road rage displayed by Ryan Kobus. Police officers received a call and went to a location near Route 122 where they found the victim lying on the side of the road. The victim, 71 year old Walter Young, was located near the Mass Water building at approximately 6:00 PM and was suffering from multiple facial injuries. Responding officers indicated that Mr. Young had been hit on his face several times and that the injuries he sustained during the ordeal were serious. The victim was transported to the hospital following the assault and has since been released. The severity of Walter Young’s injuries was not made immediately available. But responding officers have indicated that Mr. Young’s $2000 hearing aid had been completely damaged during the assault.

Police have indicated that they believe the attack took place after Walter Young, who was in Barre visiting family members, pulled to the side of the road to allow Ryan Kobus to pass after Kobus had been tailgating Young’s vehicle. It was at this time that Kobus pulled Walter Young from his vehicle and began to beat the elderly man. Kobus then got back into his vehicle and fled the scene, causing responding officers to review hours of footage in an effort to apprehend the suspect. Young provided a description of his assailant, and Police Chief Erik J. Demetropoulos said that two of his officers, Officer Joseph Brown and Sgt. James Sabourin, reviewed video from various establishments in order to determine the suspect’s identity. Chief Demetropoulos also credits the amount of responses they received via social media after the department posted a description of the suspect in addition to images of Kobus’ 1995 green Chevy Tahoe. Ryan Kobus was later arrested on Wednesday and charged with the crimes against Walter Young after being booked at the Barre Police Department.

September 16, 2015

Quincy Police Find Red Sox World Series Ring in Tuesday Drug Raid

by Altman & Altman

Quincy Police officers have stated that they found a stolen 2004 Red Sox World Series Championship ring during a raid on a prescription pill operating ring on Tuesday. Responding officers also seized a large amount of drugs and money during the raid at the home located on 97 Hall Place in Quincy.

A resident of the home on Hall Place, Dennis Leclair, was arrested by Quincy Police officers following the raid. He is currently being charged with a slew of crimes, some of which include: subsequent-offense distribution of oxycodone, subsequent-offense possession of oxycodone with intent to distribute, conspiracy to violate drugs laws and receiving stolen property worth more than $250. Leclair will face arraignment for these charges on Wednesday. It was not immediately clear if he had retained an attorney prior to his arraignment.

In addition to the arrest made to Dennis Leclair, Quincy Police officers also arrested two individuals directly connected to the prescription pill ring that had been operating out of the Hall Place home belonging to Leclair. Reports have indicated that James White of Quincy, Massachusetts and George Green of Dorchester, Massachusetts were arrested on unnamed drug charges after police witnessed the two men conducting a drug deal with Dennis Leclair. Both White and Green will face arraignment on Wednesday as well.

Quincy Police officers have indicated that Leclair had been at the center of an ongoing investigation into an Oxycodone distribution ring that had been plaguing Quincy for an unknown amount of time. Quincy Police Captain John Dougan has stated that the operation based out of Leclair’s home was a “decent sized ring” and that the police department had been provided with a search warrant before the seize that took place on Tuesday. Quincy officers were preparing their raid of the Hall Place home near the on-ramp for the Southeast Expressway when they witnessed Dennis Leclair meeting with James White and George Green. This event led to the arrests of White and Green on drug related charges as police witnessing the incident have stated that it had been an apparent drug deal between the three men. Continue reading

September 15, 2015

Brawl at Semi Pro Football Game leads to Two Arrests

by Altman & Altman

A large brawl took place at a semi-professional football game in Manchester, New Hampshire on Sunday night. Two individuals were arrested by the Manchester Police Department following the outburst. Responding officers are asking for assistance from any spectators that were present at the game when the incident took place in an effort to aid their investigation.

According to preliminary reports, the Manchester Police Department received a phone call at approximately 6:00 PM Sunday evening indicating that there was a fight taking place at the West High School football field that involved players participating in a semi-professional football game. Upon their arrival on scene, Manchester Police found that the New Hampshire Wolfpack and the Whaling City Clippers had begun to brawl on the field prior to the end of their game. Multiple players on both sides of the issue have stated that the two teams have a longstanding grudge against one another. One member of the New Hampshire Wolfpack, who requested to remain anonymous, was quoted as saying, “They’ve been starting with us for the past three weeks, showing up at our games, running their mouths, starting fights with us in the parking lot. They’re poor sports.” A linebacker for the Whaling City Clippers, Kriem Bowman, mirrored a similar sentiment when he stated that tensions had been mounting between the two teams on the field during the entirety of the game. Continue reading

September 10, 2015

Police Warn Women to be on Alert in Harvard Square – Seek Information From Public After String of Sexual Assaults

by Altman & Altman

A recent increase in sexual assaults near Harvard Square has prompted police officials to issue a warning to advise women who work and live in the area to be on alert. The most recent in this string of assaults took place on Tuesday night at approximately 8:30 PM. A woman reported that she was indecently assaulted by a man near the intersection of Garden Street and Massachusetts Avenue, stating that the unidentified male bumped into her shoulder before he proceeded to grab her buttocks. When she confronted the man, he fled on foot.

The woman attacked on Tuesday night has stated that the man who assaulted her was a black male in his 20’s, approximately 5’9” to 5’10” tall, with a stocky build and short hair. He was wearing a white t-shirt at the time of the assault. Police have indicated that prior assaults resulted in a similar description of the suspect in question but that they are unsure if the assaults are related. In previous instances, such as the indecent assault that took place on August 30^th, police have apprehended suspects in relation to these crimes. The suspect who assaulted the woman on Tuesday night near Harvard Square has yet to be detained by police.

Cambridge Police have been working closely with the Harvard University Police department in an effort to increase awareness and offer extended protection to women who live and work in the area where the assaults have taken place. Additional assaults have been reported by individuals near Garden and Brattle Streets, as well as along Massachusetts Avenue. Cambridge Police have arrested three different individuals in connection to a few of these crimes, but their investigation into further matters is still ongoing. According the release issued by the department, they have stated that they are “cautioning women who live, work or frequent the Harvard Square area to be aware of [the] recent increase…” Harvard University has offered extended shuttle hours to their students, and Cambridge Police have added additional patrols to the Harvard Square area in an effort to maintain a high level of safety.

September 9, 2015

Revere Police Seek Help After Five Suspects Flee From Accident Scene

by Altman & Altman

A car chase that took place in Revere, Massachusetts has responding police officers for the city and state searching for five suspects following their pursuit of the individuals in question. According to preliminary reports provided for the situation, Revere Police Officers and State Police Officers are seeking help from the public after they lost sight of five suspects whose vehicle crashed into a convenience store following a car chase with the police.

Initial reports for the accident and subsequent investigation into the matter have stated that Massachusetts State Police troopers had been chasing a car that was connected to an armed robbery in a nearby area when the crash occurred. While attempting to flee from the Massachusetts State Police, the suspects crashed their vehicle into the front of a Tedeschi’s convenience store. The convenience store is located on Shirley Avenue in Revere and suffered extensive damage to the façade following the accident. Reports have indicated that while the Tedeschi’s store was open at the time of the accident, there were no injuries reported from patrons who may have been inside at the time.

After crashing their vehicle into the front of the store, the five suspects quickly exited and fled from police officers on foot. Police have not immediately provided a physical description of the suspects in question, but they have asked for assistance from any possible witnesses who saw either the armed robbery earlier in the evening or the ensuing chase and crash that took place afterward. No word has been given on whether any of the suspects may have sustained injuries following the crash into the convenience store. Continue reading

September 9, 2015

Massachusetts Teen Charged With Involuntary Manslaughter in Assisting Her Boyfriend to Commit Suicide

by Altman & Altman

Prosecutors handling the case for Michelle Carter, a young teen accused of assisting in her boyfriend’s 2014 suicide, have officially charged her with involuntary manslaughter following a hearing for her case in Massachusetts juvenile court. Michelle Carter, who was 17 at the time of Conrad Roy III’s suicide, now 18, was charged after prosecutors found that her correspondence with Roy leading up to his death encouraged the young man to take his own life even after he had expressed doubts to Carter. And while prosecutors will now face the difficult task of proving that these text messages exchanged between the two did in fact contribute to Roy’s death, they feel as though Michelle Carter should be held responsible to some degree for the role that she played in this tragic loss of life.

Prosecutors included multiple text message examples in their written response to the ruling that highlighted what they felt adequately showed how Carter “assisted by urging him (Conrad Roy III) to overcome his doubts about taking his own life, pressuring him to do it and even telling him to get back in his truck after becoming frightened that the plan was working.” And while Carter’s attorney, Joseph Cataldo, has stated that Roy acted consciously to orchestrate his own death and would have done so regardless of what Carter had said, those involved in the case do not agree with Cataldo’s notions.

According to a statement provided by Conrad Roy’s aunt, Becki Maki, his family felt as though Roy was turning his life around following a previously unsuccessful attempt at suicide in which Roy ingested pain killers in an effort to take his own life. He had spent time in a psychiatric hospital following the incident and was positively looking forward to the new chapters in his life. He graduated from high school and was in pursuit of his sea captain’s license. His family truly believed that Conrad Roy was starting to see the light again following his periods of darkness. Roy’s grandfather, also named Conrad, has said that Michelle Carter “…shut the light off,” for the young man and his family when she encouraged Conrad Roy III to take his own life in July of 2014.

September 9, 2015

Medway Woman Charged with 6th DUI – Held Without Bail

by Altman & Altman

A woman from Medway, Massachusetts is facing charges following her sixth arrest for driving under the influence. The charges will be brought against 52 year old Corinne Zaniboni in Framingham District Court on Wednesday in an effort to deem whether or not she is a danger to the public. Zaniboni was arrested on Thursday following an accident in Holliston where she crashed her vehicle into a stone wall. No one was injured during the incident.

Holliston Police responded to a call for a car accident around 8:30 PM Thursday night at the intersection of Garrett Way and Highland Street. Upon arriving on scene, responding officers found Corinne Zaniboni’s Toyota Camry had slammed into a brick wall along the side of the road. The report for the accident was filed by Holliston Police Sgt. Matthew J. Stone at Framingham District Court on Friday, a day after the accident had occurred.

According to the report provided by Sgt. Matthew Stone, Zaniboni had been attempting to reverse her vehicle when he arrived on scene. She repeatedly apologized to Sgt. Stone saying “I’m so sorry. So sorry about all of this.” It was at this time that Sgt. Stone detected alcohol on her breath and ordered Zaniboni to take several field sobriety tests. Sgt. Stone went on to say that Zaniboni had been slurring her speech during the encounter, and that she had failed each of the sobriety tests he administered. Zaniboni agreed to take a portable breathalyzer test that Sgt. Stone suggested after she had failed the other sobriety tests—she blew a .29 on the breathalyzer, which is well above the .08 legal limits. Portable breathalyzer tests, however, are inadmissible in court. Sgt. Stone has stated that upon arrival at the police department he administered a second breathalyzer test to Zaniboni in which she blew a .30.

September 8, 2015

Massachusetts DCF Under Fire – “Crisis Level Caseload” to Blame?

by Altman & Altman

The Department of Children and Families has been facing an immense amount of scrutiny following a growing number of failures at the hands of their employees. The death of two children under their watch, accompanied by the resulting coma one child is facing following further failure, has placed the organization under a microscope in recent times. The system has been facing excessive difficulties in Western Massachusetts during the past two years which has individuals calling for a strict reform of the department in order to ensure safety for all the children in its care. Due to the rapidly increasing number of children being placed under DCF custody however, this reform may take longer than anticipated.

According to reports, there are currently close to 27,000 opens cases in the Department of Children and Families sweeping across the state. The western area of Massachusetts is bearing the brunt of this with approximately 40% of the open cases located in the Western region. Two children who died despite being under watch of the DCF were also housed in Western Massachusetts—prompting further cries of frustration from those on the outside looking in.

Jeremiah Oliver, a young boy from Fitchburg, was reported missing from his home for months before his body was discovered on the side of the road not far from his home. Avalena Conway-Coxon, a two year old girl placed into foster care in Auburn, Massachusetts was found dead inside the home after her foster mother called police to report that the child was unresponsive. Another young girl was taken from the home the same day and is still listed in dire condition. Seven year old Jack Loiselle was living with his father and was taken from his home severely dehydrated and malnourished with burns to his hands and feet—he still remains in a coma a month later. All of these children had a common thread tying them together: they had all been under the care of the Department of Children and Families, and they all suffered greatly despite this fact. Jack Loiselle received a visit from DCF just weeks before his admittance to the hospital—and the caseworker assigned to this visit apparently did not find anything alarming while they were there. Jack Loiselle weighed just 38 pounds when he was taken from his home. Continue reading