Boston Criminal Lawyer Blog

January 9, 2015

SALEM SUPERIOR COURT SUPPRESSION HEARING BEGINS IN RAPE AND MURDER CASE

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.

January 8, 2015

“PHASE ONE” OF BOSTON’S FEDERAL COURT MULTI-MURDER TRIAL CONTINUES: WHAT IS THIS JURY SELECTION ALL ABOUT?

by Samuel Goldberg

“Phase One” of Dzhokhar Tsarnaev, 21, hereinafter, the “Defendant” ‘s jury trial for, among other things, multiple murder continues in Boston’s Federal District Court. The Defendant is accused of carrying out bombings with his now-deceased brother near the finish line of the race on April 15, 2013. Three people were killed in the bombing. More than 260 others were injured. Also, the Defendant stands charged with the killing of an MIT police officer days after the bombings. His brother died in connection with that killing.

Our representatives desire to have the Defendant join with his brother. While some might have expected the matter to be tried in state court, it is being brought to trial in federal court.

The reason is fairly simple. Massachusetts’ state criminal justice system does not have a death penalty. The federal criminal justice system does.

January 5, 2015

EXTREMELY HIGH PROFILE MULTI-MURDER TRIAL BEGINS “PHASE ONE” IN BOSTON’S FEDERAL DISTRICT COURT

by Samuel Goldberg

…And so it begins.

A new year. A new high profile multi-murder, among other criminal charges of course, trial.

Dzhokhar Tsarnaev (hereinafter, the “Defendant”) is having what will serve as his “day in court”.

December 23, 2014

SPRINGFIELD LAW ENFORCEMENT OVERJOYED IN SPREADING SELF-CONGRATULATIONS…AND DANGER…IN RECENT DRUG CASES

by Samuel Goldberg

As I am writing this blog, the latest count is 380.

That would be 380 people enjoying and commenting on the happy news of Friday’s drug bust in Springfield. Holiday cheer abounds!

The comments are insightful and important too.

December 23, 2014

SPRINGFIELD MAN IS ARRESTED IN DRUG BUST WHICH YIELDED WEAPONS AND DRUGS VALUED OVER $300,000

by Samuel Goldberg

Springfield’s Jason Arias, 31 and hereinafter, the “Defendant” did not have a particularly good weekend.

He went into custody since he was the subject of a raid Friday night.

It was a rather successful drug bust for law enforcement. It reportedly resulted in the seizure of guns, cash, and a stash of narcotics valued at upwards of $300,000.

December 22, 2014

EXPECT MASSACHUSETTS LAW ENFORCEMENT TO BE EXTRA CAUTIOUS DUE TO POLICE MURDERS THIS HOLIDAY SEASON

by Samuel Goldberg

This past weekend was a bad one for law enforcement. In two different states, police officers were murdered by suspects.

In Brooklyn, New York, two police officers were sitting in their patrol car when a man who officials claim had come from Baltimore vowing to kill police officers made good that vow.

He had made statements on social media suggesting that he planned to kill police officers and was angered about the Eric Garner and Michael Brown cases.

December 18, 2014

MASSACHUSETTS COMPOUNDING PHARMACY IS IN FEDERAL COURT ON CRIMINAL CHARGES OF RACKETEERING AND HOMICIDE IN FUNGAL MENINGITIS OUTBREAK

by Samuel Goldberg

It is the next act in a drama which came to pubic attention in 2012.

In 2002, there was a deadly national outbreak of fungal meningitis. The outbreak was linked to steroid injections from a Massachusetts compounding pharmacy. Owners of the pharmacy, the New England Compounding Center (Hereinafter, “NECC”), were among those just arrested in connection with the disaster.

The United States. Centers for Disease Control and Prevention tied 751 cases across 20 states to the steroid injections. A total of 64 people died as a result.

December 16, 2014

GEORGETOWN POLICE EXECUTE SEARCH WARRANT AND FIND STOLEN ITEMS AND DRUGS

by Samuel Goldberg

Did you know that Massachusetts law enforcement are allowed to arrest you for things they were not even looking for, but accidentally found while executing a search warrant?

The fact is, if the warrant allows them to be in a certain place, and they see something without violating the parameters of the warrant, it is fair game. Let’s say police officers rang your doorbell, told you they were looking for little Johnny and showed you the proper paperwork to search your home for him.

You, a regular reader of this blog, of course, let the officers in and do not challenge the warrant. Instead, you quietly call an experienced criminal defense attorney to ask for advice. While you are doing that, the officers a looking around.

December 15, 2014

WHY LAW ENFORCEMENT MISCONDUCT PUTS YOU IN DANGER IN FEDERAL AND STATE COURTS

by Samuel Goldberg

As any regular reader of this blog knows, the idea that law enforcement, including prosecutors, and the truth, go their separate ways at times is sad, but true.

One of the more often cited examples is contained in a dissent opinion of Chief Judge Alex Kolinsky of the United States Appeals Court for the 9th Circuit. It was in the federal matter of United States v. Olsen.

The issue was the turning over of Brady material to the defense. Brady material is material which the prosecution discoveres which is actually evidence which exculpates a criminal defendant. The law is clear that such material must be turned over to the defense post haste. This is because the prosecutor’s job is not simply to get a conviction…it is to do justice.

December 12, 2014

ANOTHER FEDERAL PROSECUTOR IS FOUND TO BE LYING BY THE FEDERAL COURT

by Samuel Goldberg

Over the years, this blog has discussed various instances in which there is little doubt as to whether prosecutors sometimes stretch, or “re-invent” the truth. This has been the case both in state and federal courts.

At a time during which we have had to question the integrity of law enforcement involving the killing of citizens and mysterious grand jury proceedings, a new story comes up that is worth remembering.

It deals with the integrity of a federal prosecutor…someone most of us would expect to be as “holier than thou” as they often act.