Boston Criminal Lawyer Blog
As promised, this blog will discuss how Attorney Sam Goldberg and I successfully used the insanity defense for one of our clients. In order to keep client/attorney confidentiality, I have altered various minor details and will be referring the client as Defendant.
ATTORNEY SAM DISCUSSES MASSACHUSETTS DOMESTIC VIOLENCE AND FURTHER EROSION OF A DEFENDANT’S RIGHTS
Perhaps because of our frustration with not solving actual criminal justice problems, we have convinced ourselves that the more we can define and characterize criminal behavior the more we are actually accomplishing something.
I have to admit that I think instead of accomplishing something, we are actually wasting time and deluding ourselves.
Long ago, we did not treat domestic violence cases seriously enough. Now, anyone associated with the criminal justice system can tell you that the pendulum has swung very far in the opposite direction.
An assault and battery case is, simply, an assault and battery case. The factors surrounding the alleged assault and battery come into consideration by a jury, prosecutor and judge. Certainly, a judge is going to treat a man convicted of beating his wife more seriously than a barroom brawl that simply got out of hand. Further, we would assume that the prosecutor would as well.
But that is not good enough now. Now, domestic violence matters get a great deal of public attention and the criminal justice system, which merely put into affect laws that are passed by our political legislators. The primary concern that I have witnessed, now handling criminal cases in two states and from both sides for 20+ years is the overwhelming drive to avoid negative publicity.
Seeming proactive or “harsh” on crime gets one good publicity. Anything that would suggest the contrary gets bad publicity. It is really that simple.
A BOSTON CRIMINAL LAWYER DISCUSSES LAWYER’S WEEKLY ARTICLE ON DOMESTIC VIOLENCE MATTER
When I was first approached by Massachusetts Lawyers Weekly to comment on the ruling in Commonwealth v. Dossantos, I did not understand why this case was considered noteworthy.
Upon further reflection, though,I realized that it could have been quite noteworthy.
You see, back in 2014, there were changes made to the Massachusetts domestic violence laws. A part of this was General laws chapter 276, section 56(a). This mandated that when a criminal defendant is arrested and charged with a crime against a person or property, the court must inquire of the prosecutor as to whether the Commonwealth alleges that the matter was a domestic violence incident. Should the prosecutor answer in the affirmative, the statute necessitates that the judge “make a written ruling” that the Commonwealth so alleges. In such an event, the defendant’s name is added to a domestic violence registry, “DVRS”.
Let me present that another way. The Charges are read. The judge asks the prosecutor whether it is alleged that the matter involves domestic violence. The prosecutor answers the question (as he or she is also required to do in writing). The issue addressed in this case involves exactly how the court is to react before it reacts…affirming what the prosecutor has just said both orally and in writing.
Now, let’s review what this statute is not. It is not a change in the crime charged, which, at the time this event happens, has already been decided. While this “hearing”,
must take place before bail is addressed, there is no indication that the answer to the question will affect the question of bail. Other than the act of adding the defendants name to the DVRS, there is nothing new for the judge to do upon making the finding in a case where, for example, the defendant is charged with striking his spouse over the Head with a baseball bat. Simply echo that the defendant is charged with a crime of domestic violence.
Well, kinda-sorta. Keep reading.
Suspect Arrested for Sexual Assaults Near Boston’s Esplanade
Multiple news agencies are reporting that a suspect has been placed into custody following a string of serious sexual assaults that have taken place at Boston’s esplanade over a period of about nine years or so. The suspect, whose identity has not yet been released to the public, has apparently been in police custody since this past December. The cause behind this course of action has not been made immediately available, but it can be assumed that law enforcement officials deemed it to be a necessary course of action based off of the man’s extensive history of sexual assault.
The unnamed suspect had been placed into police custody following a specific sexual assault that took place in December 2014. The man had been accused of raping a Cambridge woman, who has also not been identified at the current moment. The man in question allegedly used to be an Uber driver prior to this incident—and this form of employment is actually what led him to come in contact with the female from Cambridge he is accused of assaulting. According to initial reports, the woman contacted the suspect for an Uber ride to an exact destination she needed to reach. When the man picked her up however, he drove her off to a remote location in a secluded area instead and proceeded to sexually assault the victim inside of his car. The man also locked the doors of the vehicle at this time, preventing the woman from trying to escape. The suspect has officially been charged in relation to this particular assault, although the severity of the charges he faces is unknown. Continue reading
State and Local Police Bust Heroin Ring in Quincy and Surrounding Towns
On Thursday, June 25th of this year, Quincy police reported that they seized a large supply of heroin that a drug delivery service had been planning on distributing across various nearby cities. The heroin seized by law enforcement officials is said to be worth around $150,000. Quincy police, as well as state troopers and police officers from five other departments spread out across Quincy, Braintree, Randolph, and Brockton in an intense effort to seize the drugs contained in three different “stash houses” within the area. During the operation, police made four arrests, seized three separate vehicles, and found over $25,000 in cash along with the supply of heroin.
The Lieutenant Detective for the Quincy Police Department, Patrick Glynn, has said that the investigation stemming from these actions is currently ongoing, and that they also expect to make more arrests in relation to these events. He believes that if police enforcement is able to take away the key factors that drive these types of delivery services, it may halt wrong-doers in their tracks. Lt. Detective Glynn says that if they are able to take away the profits, product, and transportation used, then law enforcement officials will consider their efforts to be a success.
The group of individuals involved in this extensive drug delivery service was using the products for personal use, and they were also distributing the drugs in bulk to people who contacted them via specific phone numbers. Lt. Detective Glynn went on to say that in addition to the phone calls being placed for these drugs, there also appeared to be a lot of activity surrounding the home on Euclid Avenue in Quincy where they made their discoveries. This rise in activity prompted concern from neighbors in the area—neighbors who just wanted to see their street restored to what it had once been before a drug operation opened its doors nearby.
According to Court Documents – Cosby Gave Drugs to Women
New documents have emerged detailing a confession (of sorts) from comedian Bill Cosby in regards to a sexual allegation case he stood trial for in 2005. Contained within these documents is an admission from Cosby himself stating that he gave Quaaludes to young women he was sexually pursuing. The documentation provided does not detail whether or not Cosby administered these drugs without the knowledge of these women, as the lawyer representing him at the time discontinued questioning when this information was requested of Cosby in court. But despite that fact, this confession could prove to be beneficial to the large number of women currently pressing charges against Bill Cosby for various forms of sexual assault. Continue reading
SOUTHBRIDGE SCHOOL TEACHER IS HELD WITHOUT BAIL FOR TRAFFICKING IN CHILD PORNOGRAPHY IN FEDERAL COURT
As we leavebehind July 4th weekend, we pause to think of those without liberty.
This is a criminal lawyer’s blog, so that means incarcerated persons.
Take 53-year-old Middle School Teacher Scott Peeler (hereinafter, the “Defendant”) for example. No, he has not been convicted of anything. He has been accused though. So, particularly in the federal criminal justice system, that is enough to lock him up.
Without bail, for now.
Continue reading
Arrests Made in Burlington MA Hotel Homicide
Burlington Police Chief Michael Kent announced today that two men have officially been charged with the murder of a woman whose body was found at a Burlington hotel this past Thursday July 2nd. The victim, 34 year old Sanisha Johnson of the Bronx, New York, was discovered in a first floor room at the Extended Stay America located near the Burlington Mall. The suspects, 24 year old Epshod Jeune (of Burlington) and 21 year old Derrell Fisher (of Roxbury) were arrested for the shooting death of Sanisha Johnson on Monday after hotel video surveillance captured them on film. Continue reading
NEW REPORT SHOWS DEPARTMENT OF CHILDREN AND FAMILIES IS ILL-EQUIPPED TO HANDLE FAIR HEARING PROCESS
I know I said that I would follow up my most recent blog discussing the insanity defense with an example of how it can be successfully used. However, a recent report was released regarding the Department of Children and Families, which deserves some priority considering the amount of people it affects when compared to the use of the insanity defense. I was contacted yesterday by the Boston Herald to make a brief statement about my history with Fair Hearing Process. In order to stay relevant, I will be going into more depth about Fair Hearings and this new report in today’s blog.
Continue reading
BOSTON AND SPRINGFIELD PROSECUTE DOMESTIC VIOLENCE AND ARMED ASSAULTS FROM THE WEEKEND
Well, how was your weekend?
If one reads the Boston Herald about the news this past weekend, one might walk away with a bit of a sickened feeling…and a desire to avoid parties and other places where kids might be.
Let’s first turn to Springfield.
The Herald tells us about two men stabbed at a house party early Saturday. Police Lt. Richard LaBelle said that one of the men had serious stab wounds and had been rushed to Bay state Medical Center. He was in “stable condition” at the time of the story. The second man stabbed had non-life threatening injuries.
The incicdent apparently took place on Manhattan Street at about 2:30 a.m. Saturday. The men were found outside by police. One was in a car, and the second was lying on the ground.
Continue reading
