Boston Criminal Lawyer Blog

September 24, 2012

INCREASE IN GUN VIOLENCE TRIGGERS POLICE SWEEP IN MALDEN

Things in Malden are getting just a little more intense. After four episodes of gun violence culminating in a September 10th shooting of one teenager by another (allegedly) in broad daylight on a busy street, police are taking action. This action is summed up in one word.

Sweep.

Officers from two regional departments swept through Malden parks and common areas looking for drugs and guns, city officials said. Unfortunately, they admit, nobody was arrested and no weapons were found…but a small amount of marijuana was found and confiscated.

As you may recall, possession of a small amount of marijuana is no longer an arrestable crime.

“This to me was more about perception than it was about looking to make actual arrests,” said Mayor Gary Christenson, who made public safety one of the focuses of his campaign when he was elected in November 2011. Not surprisingly, then, the sweep was deemed a success.

Attorney Sam’s Take On Police Sweeps And You

Despite my typical sarcasm, there are two pieces of good news in this story…and then one bad one.
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September 21, 2012

MISHANDLING OF DRUG EVIDENCE IN CRIME LAB WILL EFFECT CRIMINAL RECORD, IMMIGRATION STATUS, SENTENCING, LICENSING AND OTHER INDIRECT CONSEQUENCES OF CONVICTIONS

by Samuel Goldberg

It is the Parole Board debacle all over again… except this time it is richly deserved. Due to the recently discovered failures of the Boston crime lab caused by ex-chemist Annie Dookhan (hereinafter, “Exchemist”) Massachusetts drug cases over the past several years are now subject to motions and appeals. Now, Commonwealth personnel are shifting as law enforcement is scrambling.

Governor Deval Patrick has named someone to lead a team of law enforcement officials and defense lawyers to investigate the fears of widespread tampering at a state drug laboratory. As in the case of the Parole Board, said leader is naturally a former high level prosecutor. In this case, his name is David Meier.

The announcement came just before two men were freed from prison because Exchemist and the fact that she may have tainted evidence in their cases.

Attorney Meier said he would approach the daunting task not as a prosecutor, defense attorney, or judge, but “as an advocate for fairness and due process on behalf of the criminal justice system.”

I have dealt with Mr. Meier in a few cases. He is a good man and has a great deal of experience in the Massachusetts criminal justice system.

“The job of the office is to make sure no one falls through the cracks,” Patrick said at a Beacon Hill press conference with Meier, who spent 20 years as a Suffolk County prosecutor before entering private practice.
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September 20, 2012

BOSTON FIRE DEPARTMENT LIEUTENANT CHARGED WITH POSSESSION OF CLASS B SUBSTANCE WITH INTENT TO DISTRIBUTE

by Samuel Goldberg

Soon, I have to think that just mentioning a drug case to Boston’s law enforcement community is soon going to produce nervous ticks on their faces. The higher up the ladder you go, the worse the twitch.

Today, Attorney Sam’s Take discuss a police investigation into special treatment of a Boston Fire Department lieutenant in a bust earlier this month.

To put it bluntly, the other two people accused of possessing drugs for sale were arrested. However, BFD Lt. Paul Souza, 53, of Braintree (hereinafter, the “Defendant”) who seemed as culpable as the others was not. He simply received a summons to present himself in court on his own.

“An initial review of the facts and circumstances indicates the sergeant in charge of the operation, who made the decision not to arrest one of the suspects, may have made an error in judgment,” police spokeswoman Cheryl Fiandaca said in a statement.

“The incident is now under review.”
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September 19, 2012

THOUSANDS OF DRUG CASES WILL RE-OPEN BECAUSE OF JAMAICA PLAN DRUG LAB CATASTROPHE

by Samuel Goldberg

The recent discovery of at least one chemist’s inaccurate (to be generous) testing of illegal drugs is beginning what could become an avalanche of appeals, motions for new trials and motions to vacate plea bargains. In the meantime, the Jamaica Plain crime lab has been closed.

Unlike the thefts of evidence by Detective Johnson, which came to light months ago, this exposure of the underbelly of the Commonwealth’s law enforcement is being noticed for more than a week. This Attorney Sam’s Take applauds that and wonders…for how long?

It does not only effect pending cases, but has far-reaching effects back to 2003 and closed cases since then. If the evidence held by the Commonwealth was falsified, whether by negligence, recklessness or intentionally, any convictions based upon that evidence is tainted and may well have to be thrown out.

According to the Boston Globe, ex-chemist Annie Dookhan was involved in the testing and prosecution of over 50,000 drug samples. That is said to reflect about 34,000 criminal defendants.
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September 18, 2012

Man caught with stolen property and an unattended toddler

by Altman & Altman

On Thursday, September 13, 2012, police confirmed finding a man passed out in his car, head resting against the steering wheel. A toddler of only two years was jostling about in the back seat, and eight stolen GPS units rested in a bag by the man’s side. Police arrived at the Abington store parking lot at approximately 10:30am to find Alex M. Casnas, 24, of 160 Plymouth Street, Holbrok, MA, after several people called to report a man passed out at the wheel with a small, unattended child in the car. Several shoppers reported that they witnessed Casnas sleeping with the driver’s side door open and his feet upon the ground.

Along with the eight electronic devices found in a Dunkin’ Donuts bag, the police also discovered an empty prescription bottle in the car. During a press release, Abington police confirmed that Casnas “awoke to the sound of the officer’s voice and the officer immediately noticed a problem and summonsed Abington fire EMS to evaluate him and the well-being of the child, which was of [the] utmost concern.”

Casnas faces charges in connection with the stolen electronic devices, and new charges may be levied once it is confirmed where the GPS units were lifted from. Several thefts from cars were reported that morning, including the removal of GPS units.
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September 18, 2012

A TRIAL OF THE DORCHESTER MAN FACING GUN CHARGES AND ASSAULT AND BATTERY OF A POLICE OFFICER AFTER ROUTINE TRAFFIC STOP.?

by Samuel Goldberg

Yesterday, we began a discussion about Dorchester’s Calvin Horne, 26, (hereinafter, the “Defendant”).

The Defendant stands accused of assaulting policemen and being in possession of a gun and drugs. The witnesses against him seem to be law enforcement officers. He also already had a pending drug case and he has a rather long criminal record. Should he testify, the Commonwealth will likely be able to reveal his criminal record to the jury.

Can the Defendant’s attorney mount a viable defense in this case?

Attorney Sam’s Take On Triable Issues

As I mentioned yesterday, I have no other knowledge about this case than you do at this point. I am sure that there are facts of which I am unaware that will help…and others that will hurt….the defense. Further, I am not claiming that these ideas, if employed, would absolutely bring a defendant’s verdict. As I have told you before, if you ever catch a trial attorney, civil or criminal, promising a particular result at trial…run as fast as you can in the opposite direction.

Criminal trials, like civil trials, are influenced not only by the facts and the laws at issue, but the human beings in the mix. The defense attorney. The prosecutor. The Judge. The Jury.
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September 17, 2012

Defendants May Appeal Massachusetts Drug Convictions Following Discovery that Crime Lab Chemist May Have Mishandled Evidence

by Altman & Altman

An investigation that recently led to the closure of a Massachusetts crime lab could have some defendants who were convicted of drug crimes filing their appeals. The lab, which is located in Jamaica Plain, was shut down after state police discovered that chemist Annie Dookhan did not follow testing protocols and may have improperly handled drug samples. At this time, state authorities are not sure how many of these samples were tainted. However, in the wake of these recent revelations, Department of Public Health Commissioner John Auerbach, has announced his resignation.

The Boston Globe reports that Dookhan was involved in the testing of over 50,000 drug samples related to about 34,000 defendants from 2003 to 2012. One of the cases linked to Dookhan is the 2010 Suffolk County drug investigation that led to the conviction of Larry Blue for weapons and cocaine traffic offenses involving 14 to 28 grams and the sale of narcotics within 1,000 feet of a school.

During Blue’s trial, Dookhan testified that she was in charge of “quality control/quality assurance” at the drug lab, which included ensuring that balances were in proper effect, policies and procedures were being abided by, and all machines were working correctly. Looking back at this testimony, some Massachusetts criminal defense lawyers are now asking whether even the samples that other chemists at the lab handled may have also been contaminated. (Dookhan also mentioned that she conducted 30 to 50 preliminary tests a day, and, along with three other chemists, performed confirmatory tests on drug samples that had already gone through initial testing.)

Such speculation is raising concerns that there might have been other problems with the way the crime lab was run. (The Massachusetts Department of Public Health was in charge of the lab until police took over in July.) For example, WCVB.com reports that a backlog in work may have hurt testing quality and delayed some criminal cases. In 2007, overtime was reduced by 50% even though there was a backlog of 8,000 samples. By 2011, turnaround time was taking about 140 days/sample. Compare that to in 2004 when the turnaround time per sample was approximately 30 days.

Lawyers expect appeals in Mass. crime lab case, Boston.com, September 13, 2012

Team 5 Investigates: Massachusetts drug lab in chaos, WCVB, September 15, 2012

DPH chief Auerbach resigns over lab scandal, lands new job, Boston Herald, September 17, 2012

More Blog Posts:
MASSACHUSETTS DRUG CASES ARE BEING REVIEWED DUE TO POLICE LAB’S CHEMIST MISHANDLEING EVIDENCE, Boston Criminal Lawyer Blog, September 3, 2012

False convictions and improper sentencing almost certain after lab debacle, Boston Criminal Lawyer Blog, August 31, 2012
Boston Police department assists with arresting international drug traffickers, Boston Criminal Lawyer Blog, September 5, 2012

DORCHESTER MAN FACES GUN CHARGES AND ASSAULT AND BATTERY OF A POLICE OFFICER AFTER ROUTINE TRAFFIC STOP.

by Samuel Goldberg

If what they are saying about Dorchester’s Calvin Horne, 26, (hereinafter, the “Defendant”), he is lucky to be alive today. He is alittle more “CORI-challenged”, though. He is facing new charges for assault and battery as well as drug and gun charges.

His case is of interest for a few reasons and so Attorney Sam’s Take will discuss it today and tomorrow.

According to an officer who was apparently willing to talk to the press on condition of anonymity, the Defendant’s vehicle was pulled over by a police officer familiar with him. The stop was allegedly for a traffic infraction. After the officer and the Defendant “chatted” a bit, the officer indicated that he would have to check the license plate against the computer database.

According to law enforcement, the Defendant was not in favor of the check and indicated as such…physically.

The fight which followed, which ended up involving other officers, is said to have continued for over 10 minutes. According to prosecutors, when it was over, the original officer’s ear had been pulled by the Defendant to the point of ripping it and damaging his eardrum. The Defendant is also alleged to have tried to grab the officer’s gun.
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September 14, 2012

MASSACHUSETTS INMATES SHOULD SEEK OUT ATTORNEY FOR PAROLE HEARINGS

by Samuel Goldberg

As is evident by now to even the most casual observer of the criminal justice system…defendants often are sentenced to a period of incarceration. Sometimes it is the local House of Corrections (jail). Sometimes it is the state prison (“state time”). Whether they are there for OUI, rape or manslaughter, there is one thing that all of these involuntary guests of the Commonwealth have in common.

They want to get out. And for the most part, they will.

Some day.

How does that happen? Can your lawyer help you with that?

Attorney Sam’s Take On Can Your Attorney Help You With Parole

Unlike a criminal appeal, parole is usually possible whether the defendant pleaded guilty or was found guilty by a judge or jury. The “when” of first applying for parole depends on the sentence given by the court.
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September 13, 2012

SPRINGFIELD MAN CHARGED WITH GUN POSSESSION AND ASSAULT AND BATTERY ON A MINOR

by Samuel Goldberg

Edwin Perez was a 24-year-old man of Springfield.The other night, he was sitting in a chair outside with an infant on his lap. Today, he stands accused of assault and battery charges as well as gun possession.

I thought that the tale of Mr. Perez (hereinafter, the “Defendant”) was a suitable follow-up to yesterday’s Attorney Sam’s Take. It illustrates another example of a somewhat unusual assault and battery case.

As the Defendant sat with the infant, someone had complained to the Massachusetts State Police that he possessed a weapon. The officers went to investigate.
According to the officers, as soon as the Defendant saw them approach, he “immediately threw the infant to the ground” and ran.

As usual, he did not get far. The troopers chased him. The Defendant is said to have then pulled a loaded gun from his waistband, and tried to fight off officers in a “violent struggle”.

He did not win the struggle.
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