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When we left off on Friday, we were discussing the recent Supreme Judicial Court ruling regarding investigations into judicial contemplation in certain cases.

How does such an investigation get started?

How do you think it gets started?

Attorney Sam’s Take On How Judicial Investigations Get Started

You know, it is a funny coincidence. These public pronouncements always seem to come from one side and one side only.

You see, judges handle a great many civil matters. One side wins and one side loses every day. In fact, there are many entities which either sue or are sued on a regular basis, simply by the nature of what they do. Do you remember the last public spectacle of a judicial inquiry?

Neither do I.

Defense attorneys and prosecutors go at it every day. Every day there are winners and losers. Do you recall there being such a public outcry for either disciplining or removing a judge because he or she was too pro-prosecution? Gee, I have heard many defense attorneys complain about certain results, but the closest I have seen them go after the judges is to file a criminal appeal.
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Finally, there is some judicial pushback on what my various Attorney Sam’s Take comments has been screaming about.

At least, perhaps it is a start.

Maybe.

It involves an appeal from the prosecution’s side.

It failed.

Boston’s Supreme Judicial Court, the state’s highest court, ruled last Friday that judges cannot be forced to disclose to ethics investigators what the were thinking when making their rulings.  This is being heralded as a new kind of privilege, namely, a “judicial deliberative privilege”.

 The court was apparently unanimous in the ruling in which the court found that judges must not fear that the issues, laws, and personal views that underlie their rulings will be displayed to the public.

 The court ruled:

“We conclude that although holding judges accountable for acts of bias in contravention of the Code of Judicial Conduct is essential, it must be accomplished without violating the protection afforded the deliberative processes of judges fundamental to ensuring that they may act without fear or favor in exercising their constitutional responsibility to be both impartial and independent…In so concluding, we formally recognize a judicial deliberative privilege that guards against intrusions into such processes – a protection we have implicitly understood as necessary to the finality, integrity, and quality of judicial decisions.”

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Security breaches at airports! Cyber-attacks throughout the nation! Shootings and killings (although, as the commissioner tells us, simply bringing the numbers up to par) in Boston!

Doesn’t sound too good, does it?

No, it doesn’t. And I am about to tell you that it’s even worse..

Attorney Sam’s Take On Your Risks In Criminal Investigations

You do not need an experienced Boston criminal lawyer to tell you that the above events are scary to anyone living who is aware of the news. The things that can happen to us should we venture outside, or even stay inside, are frightening.

“Well, thanks, Sam! Is that the bottom line to this week’s blogs? To tell us we are all doomed?”

Not quite. You see, I am actually an optimist by nature, although, when looking through my criminal defense glasses, I look at things as a paranoid. Both points of view, it turns out, come into play here.

By looking at things as a paranoid, I see two very real dangers which all these stories underscore and for which they sound the mental alarm.

First of all, none of these stories are new. These instances may have just happened, but we have faced them many times before. And yet…what are we doing about them?
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This week, the Boston Criminal Lawyer Blog has seemingly discussed two very different criminal matters. One was the white collar crime of cyber-crime and the other involved the other side of the criminal coin, violent crime. Shootings. Assaults. Murders.

It would appear that the only thing the two blogs had in common were that they were depressing because those charged with combating these problems seem to be almost throwing up their hands in hopelessness. Some even try to put a “smiley face” on the subject in order to cheer folks up.

This is how we conduct criminal investigations, you see?

As you will see, this is the part that should concern you.

The blogs, and the news they reflected, may have depressed you.

They angered me.

Attorney Sam’s Take On Defense And The “Bad Part”

Do you remember, after September 11th, how everyone seemed shocked and angry when it came to light how weak security was at various airports?

I do.

We were thereafter told how the security was made much better. To prove the improvement, zillions (I am not sure if it was millions or billions, so I will compromise and use neither) of dollars were spent and new procedures were set up. There was no denying that these new procedures were in effect…everyone was complaining about how inconvenient they made air travel.

Would you be interested to know that, earlier on Saturday, New York’s John F. Kennedy airport was the scene of a breach in security which should boggle one’s mind?
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Yesterday, we discussed the rather dismal view of cyber-attacks against the country’s computers and, in fact, against the country itself. The situation is summed up by the words of Mike Tuchen, chief executive of the Boston data security company Rapid7 LLC. He tells us that virtually all company networks will be breached sooner or later. The only question remaining is when they will find out. In his words, “The question isn’t will I get compromised, but how quickly will I discover it when I am.”

Waltham-based computer security company CounterTackInc.’s Chairman William Fallon adds that, in order to defend against these attacks, “The best thing you can do is to have intelligence, not just spending all your money throwing up walls, which is not going to work.”

After the various years of experiences in dealing with these problems (not to mention the years in which the government only had access to such tools) and who knows how much money spend on them…the situation looks pretty dismal.

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In the various postings of the Boston Criminal Lawyer Blog, I have pointed out various areas in the criminal justice environs in which we are vulnerable. Often it relates to being unfairly treated in the system when one’s last name becomes “Defendant”. However, I also try to pay heed to instances where the one at risk is the alleged victim of a crime. In most cases, my point is that we, as the general citizenry, are the ones at risk when it comes to the big picture.

We have dealt with all kinds of criminal activities from drunk driving, to sexual assault to murder. And…oh, yes, there is white collar crime as well. Including Cyber-Crime.

Today we turn to a Massachusetts white collar/ cyber-crime issue. One in which, despite law enforcement’s rhetoric, does not seem to be abating.

Today, Boston.com reveals that, despite the various high profile data thefts in the last few years, it appears that “major US companies are as vulnerable as ever to hacker attacks. The response from many of those working in the companies is that they lack the resources necessary to stem this tide. At least, that is what Waltham-based computer security company CounterTackInc. (hereinafter, the “Company”) is reporting.

You see, the Company conducted a survey involving 100 information security executives at companies with revenues greater than $100 million. The survey has revealed that half of those companies have dealt with computer network attacks over the previous year. One third of the executives indicated doubt as to whether their companies could actually prevent future attacks. 84 per cent said that they were vulnerable to “advanced persistent attacks” . These would include “highly aggressive assaults launched by major criminal organizations and foreign governments”.

An example? The 2011 attack¬ on the Bedford data security company RSA Security is cited.
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As we have discussed in the past, one never knows what is going to happen when a criminal matter makes its way through the criminal justice system. This is but one reason if any criminal attorney starts making guarantees as to a particular result to you…it is time to run as fast as you can away from that attorney.

Corey N. Trivino is 22 years old. Corey N. Trivino was the one-time top scorer for Boston University’s hockey team. Corey N. Trivinio is hereinafter referred to as the “Defendant”.

Actually, he is also now to be known as the probationer as of yesterday. You see, he has pleaded guilty to the crime of assault and battery. The case involved accosting the woman inside her dormitory room in December.

You see, according to the Commonwealth, the 23-year-old woman went to the Defendant’s door because of the noise. The Defendant, alleged to be drunk, then followed her back to her room. There, the 6-foot-1 190 pound athlete was alleged to have repeatedly tried to force himself on the woman.

More specifically, law enforcement reported that the Defendant refused to leave her room, started kissing her and groped her breast area.

Finally, perhaps suddenly overcome by a moment of good judgment, the Defendant left her room. However, once that moment’s inspiration left him, he returned to her door and banged upon it.

She opened the door slightly, but the Defendant apparently forced the door open and tried to kiss her. She managed to push him away. Despite her telling him to leave, the Defendant continued to kiss her until she was successful in pushing him out of the door.

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When I left off in my last blog, I was making the point that more people were apt to disagree with the old adage that it is better to let 100 people guilty people go free than to send 1 innocent man to prison. It is, by the way, one of the beliefs which serves as the foundation of our criminal justice system, of course. However, I would imagine that many folks would argue that such beliefs made more sense hundreds of years ago and that such ideas are out of touch with the realities with which we live today.

Given what I do for a living, you may not be too shocked to hear that I still agree with the old adage.

I think I would be more willing to give law enforcement, including prosecutors, the benefit of the doubt more if the system were truly what it says it is.

Things like Melissa’s Bill, which mandate no parole for certain repeat violent offenders, are founded upon what the system pretends to be….but isn’t.

I would imagine that even the most ardent supporter of such legislation would think twice about supporting the new law if it were a given that police officers often lie and can be quite blind in their investigations,, prosecutors are advocates for their boss’ political careers and that the presumption of innocence has basically been replaced with an assumption of guilt. After all, I would like to think that while we may be bloodthirsty when it comes to criminal defendants….we like to assume that we have the right person behind bars.

Both as a prosecutor and a defense attorney I have folks allege that corruption rules the criminal justice system. I have heard suggestions of paid off jurors, judges and prosecutors not to mention defense attorneys who sell their client down the river for extra favors in other cases. I must tell you that, after a quarter century in the criminal justice system, I have not witnessed any of that.

What I have seen, however, is arguably just as bad.
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If you needed more evidence that the Commonwealth is in the mood to slam the cell doors shut on repeat violent offenders, you got it this week.

In Boston, Governor Deval Patrick held a private signing ceremony on Thursday to enact a law which removes the possibility of parole for certain repeat criminal offenders.

Among other advocates, present front and center was the man who championed the cause of this bill, Les Gosule. Mr. Gosule lost his daughter to the savage kidnap- rape-murder by such an offender in 1999. The bill suddenly gain new life after the murder nearly two years ago of Woburn Police Officer John “Jack” Maguire by a repeat offender.

Yes, that would be the one that brought about the dismantling and re-creation of the Parole Board about which there are complaints about folks entitled to parole not getting out.

Call it a “criminal justice ripple effect“.
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Sometimes the work of law enforcement is to send attention where extra attention seems to be needed. Given the recent motor vehicle accidents throughout the Commonwealth, the State Police seem to be doing just that. This time, they are not even bothering with a fancy name like “Operation Bad Drivers”.

The officers are targeting dangerous drivers, from drunk drivers to those simply driving dangerously. The rationale for the crackdown is a recent string of deadly accidents. Over this past weekend alone, the State Police announced on Monday, they charged 10 people with drunk driving and issued citations for other offenses to 222 others on Route 24 and Interstate 195 in Southeastern Massachusetts.

Among the recipients of the Commonwealth Bracelets of Shame was a gentleman named Jose Perez, 49, of Brockton. Mr. Perez was awarded charges of OUI, negligent operation and a marked lanes violation after a two-car crash on Route 24 northbound, in Freetown. The accident sent him and a female to the hospital with minor injuries.
That was very early Saturday morning.

On Sunday, State Police intercepted an alleged wrong-way driver on Route 24 in Berkley. Nicholas Pilla, 25, of New Bedford, was charged with operating under the influence and negligent operation.

In addition to the above, State Police said they made one felony arrest, six misdemeanor arrests, and issued criminal summonses to eight drivers.

These additional efforts are not about to end.
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