As you may recall, yesterday’s Attorney Sam’s Take was as slated to continue the story of representing females in criminal cases Massachusetts violent crimes cases.
Unfortunately, this post was unable to be made yesterday as planned. I apologize. However, it will greet you bright and early on Monday morning.
In the meantime, have a great, safe and law-abiding weekend!
As we left off, Attorney Sam’s Take was discussing the matter of Nathan P. Williams, a 19-year-old Framingham man (hereinafter, the “Defendant”), who is poised to have a Massachusetts Dangerousness Hearing tomorrow. He faces charges of Massachusetts rape and kidnapping of the 15-year-old girl, hereinafter, the “Girl”.
While there may be many ways to attack the Commonwealth’s case in this matter, I would not be overly hopeful if I were the Defendant’s family for tomorrow’s hearing. Particularly if defense counsel plans to simply argue that his client is innocent and so not a danger.
Of course, based on how we are told the system operates, one would think that the argument is viable. After all, the Defendant has not only been convicted of no previous crimes, but, thus far, he remains presumed innocent of the new charges.
Well, remember what I have told you for a number of years now. In reality, the Defendant may be presumed innocent, but he is assumed guilty.
No, that is not a rule of law. It is a finding of reality.
The argument that the Defendant has been convicted of no crimes, including the one at bar will not carry him very far to freedom.
Of course, the Commonwealth’s case on its surface appears strong. Alleged DNA and eyewitness testimony, as well as the alleged finding of the clothing at the Defendant’s “last known” home. As you know, however, things are not always as they seem.
Continue reading
Nathan P. Williams, a 19-year-old Framingham man (hereinafter, the “Defendant”) is in a great deal of trouble. Tomorrow, he is scheduled to return to court for a Massachusetts Dangerousness Hearing. Earlier this week, he was arraigned in district court on charges that he kidnapped and raped a 15-year-old girl at knifepoint in the woods near her home on April third.
According to prosecutors, the Defendant waited around Gorman Road in Framingham until a certain school bus pulled up. The girl (hereinafter, the “Girl”) got off the bus. Then, the Defendant is said to have threatened her with the knife and forced her into a wooded, swampy area. There, according to prosecutors, he raped her.
According to the prosecution, the Girl did not know the Defendant.
“He indicated to her to come here, he wanted her to come with him,” the prosecutor argued at the bail hearing. “He walked into what was considered to be a thickly dense area. He directed her to a secluded spot … [He] proceeded to sexually assault the child in a number of different ways.” The prosecutor also alleged that investigators found “biological matter” on evidence they collected. This material is said to have matched the Defendant’s DNA.
Incidentally, it is a marvelous occurrence that the Commonwealth has such striking evidence so soon. Normally, they claim it takes months to get such conclusive data. Perhaps it was the magic of a high-profile case. Or, perhaps even, as the song goes, “It Ain’t Necessarily So”.
But I digress.
Further search, this time of the Defendant’s last known address, is said to have revealed clothing that matched the description given both by the girl and other witnesses of what the Defendant was allegedly wearing at the time of the attack.
The Defendant’s present lawyer has announced that his client is innocent and that there may be a misidentification in the case. Perhaps heralding this disclosure is the fact that the Defendant covered his face with a gray T-shirt and ducked out of sight below the rail of the prisoner’s dock during the bail hearing.
The Defendant’s not-guilty plea was entered on his behalf to charges of aggravated rape and aggravated kidnapping and he was ordered held without bail until Friday’s hearing.
Continue reading
It is a surprise to no one that Massachusetts crime can happen to anyone. Anyone can be a victim…male or female. The assumption used to be, however, that males are more likely to be perpetrators of those crime than females.
There is now a movement to concentrate on the realization that plenty of Massachusetts females becomecriminal defendants, including in Massachusetts assault crimes, as well.
Yesterday, we dealt with one such case. One young lady repeatedly stabbed another young lady in Dorchester with a butcher knife. What the young man the two had in common did at the time is at issue.
A 15-year-old Hyde Park girl who was arrested last month after police alleged that she was among a mob who beat up an MBTA driver at a bus stop on Columbia Road in Dorchester.
Charlestown police tell about another group of girls. According to the authorities, the girls were all friends. Key word : “were”.
One not-so-fine evening in February, three of them attacked a fourth. They punched her, pulled her hair, and as she lay defenseless, prosecutors said, one of the girls, 17-year-old Samantha Owen, stole $30 from the girl’s purse.
Continue reading
“You always hurt the one you love”is an old saying. These days, perhaps the words “or kill” should be added.
Earlier last week, we were alerted to the fact that Angeleek Barros, 21, (hereinafter the “Victim”) who was pushing a baby stroller down the street was repeatedly stabbed several times in Dorchester. As days went on, we heard that the Victim’s ex- boyfreind’s new girlfriend was the attacker. And so, Samia Jones , 17, and hereinafter, the “Girlfriend”, was arrested for the Massachusetts armed assault with intent to murder. The week went on and another arrest took place. It was the arrest of 19-year-old Daquan Sparks (hereinafter,the “Boyfreind”) was arrested for his alleged part in the assault.
The Boston Police charged that Boyfriend lured the mother of one of his children to Savin Hill Monday and held her while Girfriend stabbed her multiple times in a brazen daytime attack.
Law enforcement alleges that Boyfreind had children with both Girlfreind and Victim. They say that he called the Victim and asked her to meet him in Savin Hill so he could give her shoes for their baby.. When Victim pushed her baby in a stroller down a street, police say that Boyfriend grabbed and restrained her, while Girlfriend stabbed her.
Seems simple, if macabre, enough, right?
Well, not so fast.
Now, Victim has released a statement of her own. She is now saying that she never told police detectives that Boyfriend restrained her while Girlfreind stabbed her repeatedly with a butcher’s knife.
Uh-oh.
Prosecutors had already released the news that she DID tell them that. However, Suffolk County Assistant District Attorney Jennifer O’keefe announced in court during Friday’s arraignment that Victim now denies that Boyfriend held her during the stabbing. Instead, Victim apparently is saying that he was present, but did not restrain her.
Continue reading
When I heard about it on WMPR earlier this week, I just knew that this was the proper story to end the three-blog-series now being completed in Attorney Sam’s Take.
We have often discussed the fact that the post of district attorney, in whatever county, is a political post. I have opined that, as a result, law and order is greatly effected by political aspiration. It should not be a surprise, therefore, that the result is that fear of bad press and resulting hypocrisy is what reigns supreme when it comes to “law and order”.
Well, it seems that it is now time for one such prosecutorial politician to make his move in his career.
Suffolk County District Attorney Daniel F. Conley has thrown his proverbial hat into Boston’s Mayoral race.
Ever the politician, Mr. Conley appeared at ease as he shook hands, chatted, and smiled for picture-takers. While he is often recognized at these types of events, his presence here, one day after he officially announced his candidacy, grabbed much more attention than usual.
Candidate Conley admits that the jump to the office of mayor is not a sudden decision. “Throughout the last several years, I’ve thought that if and when Mayor Menino were to decide to step down, it would be something I would consider,” he explained as he toured the room.
Continue reading
When it comes to Massachusetts felonies, how serious are we, really?
In my various Attorney Sam’s Takes, I have told you a number of times that there is a “game” element to our criminal justice system. I have also claimed that our concerns regarding law enforcement are not quite as straightforward as our political leaders would have us believe. In my last blog, we discussed the adventure of the escaped suspect. The suspect was wanted for drug trafficking. The evidence against the alleged drug trafficker was purportedly strong. In fact, according to law enforcement, the suspect had sold illegal drugs to an undercover police officer at least once. It was only by luck, and perhaps panic, that the suspect fled the scene while others were apparently getting arrested.
Indeed, as you would expect, there was a manhunt for the suspect. The manhunt included the use of police dogs and a helicopter. That lasted for approximately 2 hours before they gave up looking.”After all”, they explained, “we know who he is so we can always get him any time.”
This was days ago. Is he still out there? Our system treats drug dealers like insidious and dangerous criminals. After all, look at what our government has passed as mandatory criminal sentences for drug dealers. It is commonplace to be given a mandatory sentence for drug dealing, indeed drug possession with intent to deal, which is larger than one would normally face for an attempted murder or sexual assault. And yet, there is this rather relaxed reaction to one of these allegedly escaped monsters who require such a mandatory sentence.
I wonder if he is still out there…allegedly selling the demon substance to other folks. Maybe my kids. Maybe yours.
Do you smell hypocrisy here?
Do you sense sarcasm on my part? Good.
Speaking of huge mandatory minimum drug sentences, here is another interesting little tidbit to swallow in the meantime.
Continue reading
Sometimes, Massachusetts criminal investigations go underground or are put off for another day.
Here is a case about an alleged drug trafficker and his apparent slip through law enforcement’s fingers.
Maybe.
Please keep in mind that we are constantly told that drug dealers are dangerous folks and a threat to our kids, communities and selves. This is why they often face very high bail. It is also why there are extremely steep mandatory prison sentences for them. We lock them away because their crimes allegedly rise to the level of armed assault, rape and other violent conduct.
Well, law enforcement has now suspended the search in Lexington for (allegedly) such a gentleman who is said to have successfully fled from a drug bust in Waltham a couple of days ago. They say that they suspended the search because the gent is known to Waltham police.
Waltham Police Sergeant John Brooks has announced that said gent was observed selling drugs to an undercover officer.
The escape was not treated very lightly when it allegedly happened, mind you. The police say that the suspect fled from police in a white car with New Hampshire plates, before abandoning the car in Lexington in a neighborhood area just off Route 4/225 near the intersection with Route 128.
Continue reading
It was early morning in Fitchberg. It was a Cumberland Farms store. It was a Massachusetts armed robbery.
And a state trooper was nearby.
Trooper Donald Gray was in the vicinity of 367 River Street, at the intersection of River and Daniel streets when he took the gentlemen (hereinafter, the “Defendants”) into custody. They were nabbed approximately 700 feet from the store, according to Fitchburg Police Captain Paul Bozicas.
Bozicas added that Fitchburg officers were responding at the time when they were notified that Gray already had the men in custody.
Authorities say that the Defendants were still wearing the masks they had allegedly worn during the robbery when the trooper stopped them.
Apparently, it was sheer luck that Gray was patrolling the Central Massachusetts community at the time. and he recovered a knife authorities suspect was used during the robbery of the Cumberland Farms store
“It was good luck he was right in that area,” said Bozicas. “Good policing is being in the right spot at the right time.”
The trooper was even able to recover the knife that the Defendants allegedly used during the robbery. The clerk in the store, by the way, was unharmed.
The Defendants are both from Fitchburg. One is 23 years of age and the other is 40. They face a number of charges, including armed robbery while masked.
Attorney Sam’s Take On Seemingly Hopeless Armed Robbery Cases
To be sure, if what authorities tell us is true, this is not going to be an easy case to defend. It is as close to being “caught in the act” as one can get without actually being…well…caught in the act.
Continue reading
Well, you don’t expect to see a Boston Public School teacher’s aide to be amongst a bunch of criminal defendants. Particularly when the case involves allegations of drug trafficking and gun possession.
But then again…you learn to expect the unexpected in the criminal justice system these days.
Sure enough, 38-year-old Winford McRae of Revere (hereinafter, “Scholastic Defendant”) was among nine men who appeared Thursday in the United States District Court in Boston. He faces the threat of up to 40 years in prison if convicted of distributing and possessing cocaine. These nine defendants were part of a larger fifteen gentlemen who were arrested on drug and firearm charges as part of a more than yearlong undercover sting targeting North Shore gangs, authorities said.
According to law enforcement, these defendants were affiliated with Latin Kings and Bloods street gangs who are said to be operating primarily in Lynn and Revere. They were rounded up in early morning raids conducted by FBI agents, state troopers and local detectives, said state police spokesman Dave Procopio.
“The arrests are the result of a long-term investigation by city, state and federal investigators targeting the nexus of illegal firearms and narcotics in Boston and the North Shore,” said Jake Wark, spokesman for the Suffolk District Attorney’s Office, which is prosecuting five of the defendants.
Wark said a Suffolk prosecutor yesterday asked for $150,000 bail for two other Revere defendants who are charged with multiple counts of distributing crack cocaine. One was released on his own recognizance and the other $250 bail.
Meanwhile, the Scholastic Defendant and his alleged co-conspirators were brought into federal court. His attorney pleaded for his client’s release, arguing that the father of three is a “gainfully employed” teacher’s aide for Boston Public Schools and a graduate of Endicott College in Beverly.
Continue reading
Boston Criminal Lawyer Blog