Boston Criminal Lawyer Blog

November 6, 2012

MASSACHUSETTS’ SUPREME JUDICIAL COURT GRANTS APPEAL OF WOMAN CONVICTED OF FIRST DEGREE MURDER

Boston’s Supreme Judicial Court has released a ruling in the case of a woman who had been convicted of murder.

The case dates back to 2003. Solange Anestal (hereinafter, the “Defendant”) was accused of plunging a 16-inch piece of glass into her boyfriend’s chest, causing his death. It happened in their Brockton apartment.

The defense was not that the Defendant did not do the stabbing but that she was temporarily insane when she did it. The jury rejected the defense and found her guilty. Accordingly, the court, the Honorable Superior Court Justice Richard Chin sentenced her to life in prison without the possibility of parole in 2007. That is the sentence in cases of Murder in the First Degree.

The Defendant appealed the conviction. Finally, today, the SJC has reversed the conviction and sent the case back to Superior Court for a new trial.

The basis for the reversal was that the court had improperly allowed the prosecution to introduce “highly prejudicial evidence” against the Defendant, including that the state had taken away her two children – a 6-year-old boy and an infant daughter – days before the killing.

The court also ruled that the judge made a mistake by not instructing jurors “as to the excessive use of force in self-defense that was supported by the evidence.”

Attorney Sam’s Take On Appeals And Reversals In Criminal Cases

Unlike in the case of civil trials, criminal trials can only be appealed by one side…the defense. There is no right of appeal given to the prosecution should the jury return a verdict of “Not Guilty”.
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November 5, 2012

MATTAPAN MASSACRE MURDER TRIAL BEGINS WITH FOCUSS ON ONE EYEWITNESS’ CREDIBILITY

by Samuel Goldberg

Often, a trial is like a Broadway play; it is, after all, a real human drama. Especially in the case of criminal trials.

One of the tricks of the trade, in both disciplines, is to manage suspense. Call it window dressing or call it crucial supporting evidence, but prosecutors sure seem to be setting the stage for the new feature presentation of the re-trial of the Mattapan Massacre murder trial.

This time, only one man stands in the prosecution’s hot seat….Dwayne Moore (hereinafter, the “Defendant”). This time nothing can be left to chance. This time, the Commonwealth gets to shift the burden of proof onto two, not only one like last time, main witnesses.

You see, the Commonwealth’s star witness last time was a gent who admitted to being in on the planning of the drug robbery. However, despite independent evidence to the contrary, he claimed to have stayed around just long enough to inculpate the two defendants and then conveniently left before the shooting started.

Apparently, the jury did not buy that beyond a reasonable doubt.

Fortunately for the Commonwealth, though, one of those severely injured, yet not quite killed, in the shooting has changed his testimony from the first trial so that he may just be able to help the prosecution get a conviction in time. The witness, Marcus Hurd (hereinafter, the “Witness”) testified in the first trial that he could not identify the man who shot him.

Guess who has changed his testimony.

So, now there is new hope for the prosecution that the original star witness plus the Witness, with his new story, will be enough to prove its case beyond a reasonable doubt.
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November 2, 2012

CHELSEA MAN IS CHARGED WITH TRAFFICKING MILLIONS OF DOLLARS IN HEROIN

by Samuel Goldberg

So, how was your halloween experience this year?

Well, no matter how good or bad it was, you probably had a better time than Chelsea’s Miguel Antonio Rivera, 35 (hereinafter, the “Defendant”).

Let’s put it this way…instead of candy, he was given the Commonwealth bracelets of shame. Then, after his subsequent bail hearing, he was ordered held on $200,000 cash bail.

The Defendant’s road to incarceration began in East Boston. According to law enforcement, state and Boston police officers were working off a tip which led them to the Defendant and another man, 49-year-old Santa Cruz of Norwalk, Conneticuit (hereinafter, the “Driver”).

Prosecutors say that the Boston police were doing surveillance on Sumner Street when they saw the black minivan with Maryland plates parked on the wrong side of the road and then make an illegal turn after picking up Rivera.

A pair of state troopers are said to have approached the vehicle, demanding the occupants to get out.

The Defendant, the passenger, refused to get out and, according to the police, instead tried hiding a duffel bag inside one of the van’s compartments before the troopers pulled him out.
Inside the bag, police said they found 15 wrapped bricks of heroin, weighing just under 43 pounds. Authorities price the bag’s content as worth about Five Million Dollars.
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November 1, 2012

WHITEY BULGER’S DEFENSE TEAM MOVES BOSTON’S FEDERAL COURT ONCE AGAIN FOR CONSIDERATION IN MURDER CASE

by Samuel Goldberg

Last night, I dreamt that I was representing a gentleman who had been accused of murder. His name was Kyle Killer. In the dream, we were heading off to trial. You know…the trial is the place where the government has to prove each element of every crime charged beyond a reasonable doubt. Unless and until they do that, or so the judge advises juries, the defendant is considered innocent.

As Kyle and I entered the courthouse, we noticed the court calendar posted to the wall. On the calendar, the day’s pending matters were written. We looked under “K” and read the caption for Kyle’s case. It read “Commonwealth vs. the murderer Kyle Killer“.

Kyle looked at me in disbelief. “They already have me convicted”, he said.

Having no clever retort available, I woke up.

Ok, so I did not have that dream. Instead, I woke up to another matter in which we have accepted that any presumption of innocence is understood to be a farce. While he has not been convicted of any of the crimes pending (or newly dismissed upon his return to Massachusetts), the media accounts relating to the case already have him convicted as a “mobster” and the “former leader of the Winter Hill Gang”.

Obviously, once again, Attorney Sam’s Take is referring to the case of James “Whitey” Bulger. His attorneys are moving the court once again for more time to prepare for trial.
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October 31, 2012

WALTHAM MAN IS ARRESTED FOR ASSAULT AND BATTERY ON AN OFFICER AT BOSTON’S PARK STREET STATION

by Samuel Goldberg

Sometimes, in the criminal justice system, timing is everything.

Waltham’s Michael Cammisaro, 57, hereinafter, the “Defendant”) is now contemplating that lesson with perhaps a few bruises to keep him company.

You see, at around 11:00 this morning, the Defendant decided to take the ‘T”. He went to the Park Street MBTA Station. What happened next is actually caught on video, However, objective truth is not for you, we have the law enforcement description of what happened.

According to Transit Officer Luis Feliciano, he too was entering the “T”. He tapped his “CharlieCard” to enter the fare gate and suddenly had rather close company. The Defendant was suddenly following closely behind him.

The officer says that he was not sure whether the Defendant was trying to evade the fare or pickpocket him. He says that he turned around to “inquire” but was suddenly shoved by the Defendant.
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October 30, 2012

MASSACHUSETS CRIMINAL COURTS JUGGLE SANDY, MATTAPAN MURDER AND ONGOING DOMESTIC VIOLENCE CASES

by Samuel Goldberg

Well, after a day’s absence due to a loss of power thanks to Hurricane Sandy, Attorney Sam’s Take is back to daily postings.

You might wonder, by the way, how the criminal courts, and Massachusetts crime in general, deals with such weather events. Does everything stop? Do the courts, like the police, have to remain handy in case the need arises?

As usual in criminal justice…yes and no.

This weekend, as the media basically warned us that Hurricane Sandy, the “Frankenstorm” could end life as we knew it…various businesses and agencies had to decide whether to close. Our president and local officials told us all to keep off the roads and that we would be in a state of emergency. This was good enough to keep most law-abiding citizens off the street. However, the courts are not considered among that ilk. After all, Justice never sleeps…or so they tell us.

Anyway, by Sunday night, those who were supposed to serve jury duty on Monday were called off. All non-essential government workers were also told to stay home. However, judges, court staff and attorneys who are due in court are not considered “non-essential”. Therefore, we were still on the hook. As are our clients who must also show up lest they risk a default warrant.

Finally, early Monday morning, the courts decided that they would close at noon for 24 hours, opening again today at noon.

At least one publically-watched trial was delayed due to Sandy. That would be the trial of Dwayne Moore. You remember Dwayne…he was one of two defendants who stood trial for his alleged role in the so-called “Mattapan Massacre” not so long ago. The jury acquitted the co-defendant, but could not decide what to do with Mr. Moore. The case made news again more recently when an eyewitness who said he could not identify Mr. Moore at the first trial suddenly decided that he could do so now. Apparently, the Commonwealth is willing to go with that…credibility be damned!
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October 26, 2012

CRIMINAL DEFENSE ISSUES IN DRUG POSSESSION CASE

by Samuel Goldberg

Yesterday we discussed the recent car-stop-turned-drug-bust in which two people were arrested. The driver seems to have been arrested for driving without a license while the passenger (hereinafter, “Mr. Stoner”), was arrested for the usual jitney of drug possession crimes.

Once this amount is seized, not to mention a scale and money, the assumption is that the possession was for the purpose of trafficking, not simply earning Mr. Stoner’s name.

Attorney Sam’s Take On Possession And Criminal Charges

One of the first things an experienced criminal defense attorney does upon hearing of a case like this is to look at the stop itself. Was it a legal stop? What, if any, evidence could be suppressed.

We discussed that yesterday.

While there are still many details in the matter about which I do not know, there are a few potential trial strategies already apparent.
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October 25, 2012

CAMBRIDGE MAN CHARGED WITH POSSESSION OF CLASS D SUBSTANCE WITH INTENT TO DISTRIBUTE WHEN FOUND WITH OVER A POUND OF MARIJUANA

by Samuel Goldberg

Regardless of what you thought would happen after Massachusetts decriminalized marijuana…law enforcement continues to look for it. When a lot of it is found, well, that’s when police take a bow.

Even if it is found totally by accident.

Like the new Human Trafficking statute about which we have been talking earlier this week, there is still a way for police to tout the discovery of marijuana as a “win”. This is especially true when money is recovered as well as a large amount of the drug.

Let’s take, for example, the case of the 31-year-old Boston man ironically named Thomas Stoner. He was stopped in a routine traffic stop in Cambridge on Monday and police say they discovered more than they expected. They found a pound of marijuana and more than $1,000 in the vehicle he was riding in.
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October 24, 2012

WHAT SHOULD I DO IF I AM BEING ACCUSED OF A MASSACHUSETTS SEX CRIME?

by Samuel Goldberg

As you have read in various Attorney Sam’s Takes in the past, it is like being accused of nothing else.

Somehow, any allegation of criminal acts involving sex bring with it shame, embarrassment and an even greater assumption of guilt.

After all, the age-old question of “Why would she lie?” is more prevalent in these types of cases than others.

And prostitution/human trafficking cases? Well, just being associated with a sex worker is enough to change your life as soon as word gets out.

So, what should you do when you are either being investigated or actually charged with one of these crimes?

Attorney Sam’s Take On Responding To Allegations Of Sexual Crimes

These cases tend to be loved by the media. Perhaps it is because people are titillated by them. Either way, the media takes notice when allegations of sex crimes (of any nature) are released. This brings even greater pressure on law enforcement to make an arrest and get a conviction.

And so, by the time you find out that you are about to be arrested, the investigation is usually complete and professional investigators and advocates have now put themselves in a position opposite you, smile and tell you that they simply want to know your side of things. The arena in which they do this, of course, is theirs.
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October 23, 2012

FOUR PITTSFIELD MEN ARE CHARGED WITH RAPING A UNIVERSITY OF MASSACHUSETTS STUDENT

by Samuel Goldberg

Yesterday, I left off responding to what I meant when I said that an arrest for engaging in the sex trade, either as consumer or worker, should be taken extremely seriously…which I will.

First, however, let’s look at yesterday’s court action with regard to the other side of the sexual crime coin. The crime of rape.

Yesterday, in Belchertown, MA,, the court heard the arraignment of four Pittsfield men (hereinafter, collectively, the “Defendants”) who stand accused of raping an 18-year-old University of Massachusetts Amherst student inside her dorm room on October 13th.

Bail was set at $10,000 cash for each of the Defendants. The judge also set conditions in the event they do post bail, ordering them, among other things, to undergo GPS monitoring, observe a curfew from 8 p.m. to 6 a.m., and not to contact the alleged victim or witnesses.
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