Boston Criminal Lawyer Blog

February 23, 2015

FELONY LARCENY CHARGES ARE DISMISSED DUE TO COMMONWEALTH’S GRAND JURY ERROR

Grand juries meet in private… Except for the prosecution of course. No judge, no defense attorney and no defendant. I would imagine you could almost quote by heart at this point the saying that “a prosecutor could indict a ham sandwich”.

Different jurisdictions have different procedures which take place after there is an indictment to be sure that there was a legal basis for the indictment. In Massachusetts, grand jury minutes are given to defense counsel as early as possible so that the minutes can be reviewed. This is actually different from some other jurisdictions where the grand jury minutes are only given to the defense just before trial.

Incidentally, it is the prosecutor who tells the grand jury the law for the grand jury is to consider when considering an indictment. The minutes of that instruction, called “the charge”, are not routinely given to the defense.

In any event, an experienced criminal defense attorney knows how important the grand jury minutes are. There are a number of problems which could exist in the grand jury presentation which could lead to the dismissal of the indictment and the underlying charges.

An example of this just played out last week. A Hampshire Superior Court judge dismissed larceny charges against Nancy Whitley (hereinafter, the “defendant”), ruling that the prosecution had failed to provide a police interview recording of the Defendant to the grand jury that indicted her.
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February 20, 2015

WORCESTER PRISON GUARD IS CHARGED WITH DOMESTIC VIOLENCE CASE OF ARMED ASSAULT WITH INTENT TO MURDER

by Samuel Goldberg

Jaime Fuentes ,48, is/was a prison guard at the infamous maximum security state prison,Souza-Baranowski Correctional Center in Shirley. As of Wednesday, he is the “Defendant”. He was living in Worcester. Now he in custody, held without bail.

Of course, if what the Commonwealth says about him is true, he now has more to talk about with his former prisoners.

Monday he is scheduled to have his very own Dangerous Hearing.

February 18, 2015

INTERNET SEXUAL ASSAULT PLOT HATCHED BY HOMETOWN SECURITY

by Samuel Goldberg

As discussed in my last blog, Paul Hinkel of Connecticut (hereinafter, the “Defendant”) has been convicted of traveling to Massachusetts with the intention of having sex with what he thought was a 15-year-old girl; the girl did not exist, but a federal agent did in her stead.

We have discussed the issue of age in the past. Sexual relations with a 15-year-old girl is another word for “rape“. A child cannot consent to sex. A 15-year-old girl is a child.

This was all the result of a federal sting operation which was planned by a federal law enforcement agency.

February 18, 2015

MAN IS CONVICTED OF SOLICITING A CHILD FOR RAPE ONLINE

by Samuel Goldberg

It is a story we are hearing quite often these days. Someone is allegedly using the internet to lure an underage boy or girl into sexual activity. I don’t know how many adults are engaging in that practice successfully…but there are certainly a large number of such adults who are actually exchanging such messages with an undercover law enforcement officer.

Paul Hinkel, 57, of Chester, Connecticut and hereinafter the “Defendant” is one man who was convicted yesterday of such a crime.

The Defendant had come to Massachusetts for “love” with what he thought was a 15-year-old girl.

February 17, 2015

WEYMOUTH WOMAN IS ARRESTED FOR ASSAULTING POLICE OFFICERS

by Samuel Goldberg

… And, still they continue. Police-involved assaults, no matter which side starts them, generally end the same way.

Law enforcement wins.

Often, it is not even close.

February 7, 2015

MORE POLICE – INVOLVED SHOOTINGS TAKE PLACE IN MASSACHUSETTS AND BEYOND

by Samuel Goldberg

…And so it still continues.

Let’s turn to the end of December and look south for example. This time in Decatur, Georgia. The dead man is 44-year-old Kevin Davis.

His involvement with law enforcement occurred when…he called them seeking their protection.

February 3, 2015

JUROR IN HERNANDEZ MURDER TRIAL IS QUESTIONED AND REMOVED FROM PANEL

by Samuel Goldberg

A number of high profile matters are seeing action in the Commonwealth at the moment. One of them is a trial in Fall River. It is the murder trial of former new England Patriots player Aaron Hernandez. This trial concerns murder allegations that Hernandez killed Odin Lloyd.

This morning, the taking of evidence in the trial itself was paused because of another type of hearing was taking place. It involved the questioning and then removal of one of the jurors.

Bristol County Superior Court Judge Susan Garsh, the trial judge, questioned the juror outside the hearing of the public assembled in the courtroom.

February 3, 2015

SPRINGFIELD MEN ARE ARRESTED FOR TRAFFICKING IN AND POSSESSION OF DRUGS AND GUNS

by Samuel Goldberg

While the rest of us have been battling with snow, wagers on the Super Bowl and the like, Springfield’s law enforcement has been continuing its battle against Massachusetts drug crimes.

It has been relatively lucrative too. In Springfield, police recently confiscated over $22,000 in cash and over 2,000 bags heroin after arresting two local gentlemen.

Springfield Police Sgt. John Delaney announced that narcotics detectives had been conducting a criminal investigation into two alleged heroin dealers “who were responsible for distributing thousands and thousands of bags of heroin every week” across the area. Finally, toward the end of January, surveillance was set-up on one of the targets, identified as 49-year-old George Delgado (Hereinafter, “Target1”) of Springfield.

January 21, 2015

SUPPRESSION HEARING IN MURDER CASE CONTINUES IN SALEM SUPERIOR COURT

by Samuel Goldberg

Friday, the hearing continues in Salem Superior Court. It is a hearing on a motion to suppress statements in the murder case of Philip Chism (hereinafter, the “Defendant”). The Defendant has been charged with the rape and murder of Danvers teacher Colleen Ritzer.

The hearing began last week and we began discussing the matter in terms of Constitutional Rights, Miranda and the making of statements to law enforcement while in custody.

The defendant is claiming that both he and his mother attempted to invoke is right to counsel and that, under the circumstances, law enforcement did not adhere to their duty to comply. As a result, the defense claims that any statements he made where in voluntary and so should not be able to be used by the Commonwealth at trial.

January 9, 2015

SALEM SUPERIOR COURT SUPPRESSION HEARING BEGINS IN RAPE AND MURDER CASE

by Samuel Goldberg

You may remember Philip Chism (hereinafter, the “defendant”). He is the 15-year-old juvenile who has been charged as an adult with the rape and murder of 24-year-old Danvers High School teacher Colleen Ritzer in 2013.

Today, the Defendant’s case is on the calendar again at Salem Superior Court. The issue of the day is suppression. The court is holding a hearing on the motion as I write today’s blog.

The defense is seeking to suppress alleged inculpatory statements made by the Defendant to law enforcement. The Defendant’s attorney argues that the police coerced him into waiving his Miranda Rights and making detailed statements about the murder.