Boston Criminal Lawyer Blog

June 20, 2013

NEW ENGLAND PATRIOTS’ AARON HERNANDEZ IS INVESTIGATED IN MASSACHUSETTS HOMICIDE

New England Patriots’ tight end Aaron Hernandez has a problem. Massachusetts criminal investigation type problem. That problem may be compounded by civil allegations from another state. After hearing some advice suggested to Mr. Hernandez from a gentleman in the profession of public relations on WBZ radio (1030am) this morning, this Boston criminal lawyer would like to put a little perspective on the current state of this situation.

I like to call this perspective “Reality”.

You see, there seems to be some surprise and debate over the fact that Mr. Hernandez has hired an attorney and that, in the meantime he is talking to neither the press nor the police.

June 17, 2013

ADMITTED KILLER TESTIFIES IN BOSTON’S FEDERAL MURDER AND RACKETEERING TRIAL

by Samuel Goldberg

…And so the battles begin. The judicial chess game. The “trial of the century”. This Boston criminal lawyer has been there many times. I know how it feels. It does not get any more intense than in a case like this.

Witnesses have begun to testify in James “Whitey” Bulger’s federal murder and racketeering trial. Today, the anticipated and controversial witness, John “The Executioner” Martorano, began his testimony, which will continue tomorrow. Already Mr. Martorano has done Mr. Bulger a big favor, with the help of prosecutors and the court. You see, as discussed last week, in this case full of shadowy and corrupt law enforcement (some of which lay at the doorway of the very office that is prosecuting Bulger), Mr. Martorano’s testimony has already provided the Bulger team a viable issue for appeal. That is, should the government win.

Everyone expects, by the way, the government to win.

June 10, 2013

BOSTON’S FEDERAL MULTIPLE MURDER CASE MAY BE DELAYED AS THE BULGER TEAM OBJECTS TO LAST-MINUTE WITNESS EVIDENCE

by Samuel Goldberg

Do not kid yourself. The case may be high profile, but these issues are hardly new. The only thing that might be regarded as novel is the variance from the normal rules by which the system treats the multiple murder case of United States vs James “Whitey” Bulger. This Long-time Boston criminal lawyer has been talking about this approach since Mr. Bulger was returned to the Commonwealth.

On Friday, you may have heard me interviewed about the latest occurrences in the Bulger case on WBZ (1030 AM radio). At the time, the defense had just brought a motion about an alleged shielding of government witness confessed hit man John Martorano in continuing criminal activities. at the time, it was not clear what that motion actually was.

It was, at its base, a discovery motion.

June 7, 2013

HIT AND RUN ON ROUTE 107 IN SAUGUS, CRIMINAL CHARGES PENDING INVESTGATION

by Samuel Goldberg

If you were on route 107 like this Boston criminal lawyer this morning, and found traffic flow making you wish you were actually riding in on a turtle, the problem may have been a tragedy.

Shortly before 5:00am this morning, a reported hit and run incident took place. Saugus Police are investigating the incident after a man’s body was found lying on on Route 107 shortly before 5 a.m. according to Wicked Local’s news partner WCVB.

The road was closed from Ballard Street to Route 60 for about two hours after as police investigated, and reopened around 8:30 a.m.

June 6, 2013

A BOSTON CRIMINAL LAWYER REVIEWS EVIDENTIARY ISSUES IN UNITED STATES V. BULGER

by Samuel Goldberg

The federal trial may be beginning, but, as this Boston criminal lawyer can tell you, the attempts to control what evidence is presented to the jury continues. It will continue, by the way, throughout the trial.

At the start of any trial, motions in limine are brought to get advance rulings on evidence and procedure prior to the attorneys even address the jury. More than a dozen such motions were brought on Monday in Boston’s federal jury trial of United States vs. Bulger.

Let’s look at a few of these motions, as well as motions which have been brought since, and then step back and re-examine what all concerned are hoping to get out of this trial. Certain evidentiary issues have already been decided…for now. For example, the court has ruled (twice) that Bulger cannot present evidence relating to any immunity promised by the government as part of his defense. Issues as to families of purported victims of Bulger and limitations of their testimony have also been presented.

June 5, 2013

THE MASSACHUSETTS MULTIPLE MURDER TRIAL OF WHITEY BULGER BEGINS

by Samuel Goldberg

This Boston criminal lawyer has been there many times. It is the prologue to war; the days and weeks before trial. The bigger the case, the larger the chess board. We may call it a quest for Justice, but make no mistake. For the witnesses and the lawyers, including the prosecutors, at the very least, the goal is to win. Period.

That is what trial advocacy is all about. This multiple murder case is no different.

As the pre-game setting up of the pieces concluded, last minute procedural steps were being taken in the case of The United States v. James Bulger. The major final issues? The witnesses (pieces).

May 31, 2013

KENNEBUNK PROSTITUTION MADAME IS SENTENCED TO JAIL TIME

by Samuel Goldberg

And so the coffin lid slammed shut on the Zumba fitness instructor, 30-year-old Alexis Wright (hereinafter, the “Defendant”). She pleaded guilty in March and was sentenced today for the now infamous prostitution conspiracy in Kennebunk, Maine.

The defendant originally had a codefendant who was alleged to have been part of the conspiracy. That gentlemen, 57-year-old insurance agent Mark Strong with two kids, was allegedly her business partner in the prostitution ring. He did not plead guilty. In March, he went to trial. He lost.

He was convicted of 12 counts of promotion to commit prostitution and one count of conspiracy to commit prostitution on March 6. According to prosecutors, strong help to the defendant manage the prostitution.

May 22, 2013

Boston Police Arrest 75 During Roxbury Gang Raid

by Altman & Altman

At least 75 people were arrested yesterday by the Boston Police Department during a targeted raid in the Boston neighborhood of Roxbury.

The raid, called “Operation H,” took place around 6 a.m. Tuesday morning in an effort to crack down on drug deals and gang-related violence in the neighborhood before the beginning of summer. As of mid-afternoon yesterday, 75 individuals had been arrested for violent and drug-related crimes including cocaine and heroin dealing. At least 14 individuals were indicted by a special grand jury and arraigned Tuesday morning in Suffolk Superior Court. All of the individuals arrested, according to police, were considered dangerous and had been involved in gun violence.

Most of the charges against the gang members were brought on by a targeted narcotics investigation. According to Police Commissioner Edward F. Davis investigators had been building their case against gang members for several months.

“Detectives videotaped the suspects selling illegal drugs to undercover officers from various locations. The suspects were openly plying their drug trade, victimizing the community and creating an atmosphere of fear — today’s arrests will give residents back their neighborhoods,” Davis said.

Investigators will be now be seeking search warrants for several residences to gather more evidence for the case, as well as pressuring individual group members to provide additional information about several unsolved violent crimes around the city, including the January shooting of a 13-year old boy. The boy, Gabriel Clarke, was shot while walking to choir practice on Humboldt Avenue. Clarke fortunately survived the ordeal, and police believe that he was an innocent victim who was caught in the middle of a violent gang rivalry.
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May 20, 2013

“I AM BEING ACCUSED OF MASSACHUSETTS DOMESTIC VIOLENCE. WILL I LOSE MY CHILDREN AND GO TO JAIL?”

by Samuel Goldberg

An allegation of Massachusetts domestic violence can affect your entire life. It can create irreversible harm long before you have a trial or resolve the criminal charges. This Boston criminal lawyer has handled many such cases over the past quarter century. Through my Attorney Sam’s Take, I have attempted to warn you how serious these charges are.

The warning deserves repeating…both for the sake of the accused as well as the accuser.

Years ago, society did not treat such allegations with the appropriate amount of seriousness. Now, the courts tend to err on the other side of the occasion. I still come across cases where a complainant admits that he or she called the police claiming a domestic disturbance out of anger, even when no such violence took place. They are then surprised to learn that they cannot simply tell the police or the prosecutor that they have decided they want to forget about the whole thing.

May 16, 2013

BOSTON GRAND JURY BRING WHITE COLLAR FELONY CHARGES AGAINST MASSPORT EMPLOYEES

by Samuel Goldberg

As we have discussed many times over the past years, we are seeing more and more prosecutions for things that we barely even heard about, much less saw Massachusetts criminal prosecutions for… although we kind of knew they existed.

Today, the Boston Criminal Lawyer Blog brings you another one.

A Suffolk County grand jury has now returned a 53 criminal charges for bribery against five Massachusetts Port Authority employees. They include Kenneth Clement, 67, of Attleboro; Michael Garvey, 51, of Melrose; Vadim Mkrtychev, 38, of West Roxbury; James Mulrey, 45, of Canton; and Donald Potis, 47, of Medford (hereinafter, collectively, the “Defendants”).