Boston Criminal Lawyer Blog

June 27, 2012

ATTORNEY SAM’S TAKE ON AWAITING THE JURY VERDICT

It’s over.

All the preparations, drafting of motions, strategizing and the battle of the trial itself. over.

You give your last “all” in your closing argument, deal with the opposition’s summation and live through the judge’s Final Charge to the jury, ready for any legal issues which arise there.

And then…

…the jury goes out to deliberate. And all life seems to stop.
‘
This Boston criminal lawyer has been there more times than he can count. It never gets easier.

” ‘easier’? How can it be difficult? Unless the jurors have a question, you have nothing to do until they reach a decision.”

Yes, and that is the problem. There is nothing else that you can do. What you did was done. What you did not do was not done. Decisions were made both prior to and in the heat of the trial. Were they the correct ones? At this point, you can question and re-question yourself, but there is nothing you can do about it.

Except wait.

There is nothing else that you can do except maybe help your client and his loved ones through the wait. After all, you were just the advocate. Your client’s freedom is at stake. Depending on what that jury does, the life he knew may now be history.

That is, if you are on the defense side.

I have been on the other side too. Though it was long ago, I remember it well, from rape to drugs to murder. The perspective was different from what I was to find as defense counsel.
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June 25, 2012

ATTORNEY SAM’S TAKE ON THE JERRY SANDUSKY VERDICT

by Samuel Goldberg

The verdict we had been waiting for came back on Friday night. It was not much of a shocker. Guilty of every count that was submitted to the jury.

The jury had deliberated on the 45 counts of sexually assault regarding 10 young boys for 21 hours. That may sound like alot of time to you, but in terms of a case with this much media coverage and 45 counts of this sexual nature, it was pretty quick.

Amazing how quickly folks can decide to send somebody away for…well…forever.

Jerry Sandusky, 68, hereinafter, the “Defendant”, now faces life in prison, though sentencing is weeks away. He had been under house arrest since last year but was placed in handcuffs and led from the court to jail after the verdict.

Despite my criminal defense-oriented corpuscles, from which you hear on a regular basis, I cannot say that I am surprised by the verdict. In fact, I don’t know anybody who was surprised by the verdict. The history of the abuses as described rang pretty true to anyone with personal or professional experience with these types of matters.

There remains one thing, however, that does remain surprising in this case. It is similar to what I was ranting about early last week.

We discussed the Defendant’s lawyer allowing him to give certain interviews to the press…one while the lawyer was present and one while he was at another location, although televised all by his lonesome. Both statements amounted to verbal suicide for the upcoming trial.

It just doesn’t look so great when someone accused of sexually assaulting many young boys has such a hard time answering tough questions like “Are you sexually attracted to young boys?” Stammering on one occasion and needing your lawyer to verbally belt you upside your head to remind you that, although you like “horsing around” with kids, you are not at attracted to them sexually does not leave potential jurors with the warm fuzzies.

The defense in this case elected to leave those statements untouched at trial as the Defendant did not testify. That may or may not have been a smart decision, although I can tell you that hinting to the jury in any way that the Defendant is going to testify but then not putting him on the stand is a big mistake. By the way, letting jurors on the panel who are familiar with the case and the people in it not a terribly wise move either when representing someone about whom these rumors had been present for a number of years.

However, there is something to be said for consistency.
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June 25, 2012

Naked Woman Charged with Breaking and Entering after Being Discovered by Taunton Homeowner

by Altman & Altman

A Taunton homeowner discovered a nude 22-year-old woman cooking breakfast in her kitchen Thursday morning, as reported by the Taunton Gazette. According to police, the woman, Katherine Lee Ferguson of Plymouth, and a male friend, Kyle Timmons of Taunton, broke into the home through a rear door. The two apparently knew that the homeowners were away for the night.

Taunton Patrolman Jeffrey Arruda was the first to respond to a call that came in around 10:30 a.m. reporting a breaking and entering at Newcomb Place, which he recognized as a the site of a prior burglary. Upon arriving, he saw a young man running from the building and being chased by an older man with a hammer, at which point he drew his weapon and ordered both men to stop. The older man, a relative of the homeowner, complied with Arruda, but the younger man, who turned out to be Timmons, was apprehended behind a nearby building.
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June 22, 2012

Waltham Police Chief Ordered to Check into Mental Health Facility

by Altman & Altman

A police officer accused of several acts of violence against his wife has been ordered to report to a mental health facility after a hearing in Concord District Court. According to The Boston Globe, which reported on testimony that was made public yesterday, the Waltham Police Chief Thomas LaCroix allegedly “grabbed his wife in a chokehold” and “slammed her into a kitchen counter” in an altercation at their Maynard home.

Although LaCroix was arrested last week, the details of the allegations were not made public. According to Middlesex District Assistant Attorney Susanne Kontz, LaCroix’s wife, Andrea LaCroix, showed up at a neighbor’s home on June 12 and appeared to have several injuries. When she was accompanied by the neighbor back to the couple’s home, the attack allegedly occurred. The police chief also threatened to kill his wife and himself.
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June 22, 2012

BOSTON’S LOGAN AIRPORT IS SCENE OF ALLEGED DRUG TRAFFICKING

by Samuel Goldberg

While we await word on the verdict from the Sandusky trial, other crime stories exist. Here is Attorney Sam’s Take on one of them.

As you will recall, security at airports has intensified in recent years.

This is particularly so the past 11 years since 2001. Personal liberties and privacy rights have taken knock after knock when it comes to security on a plane or in an airport.

Nevertheless, some people still seem to believe that they will never get caught (allegedly).

Take a certain man and woman who were arrested yesterday morning at Boston’s
Logan International Airport. At issue were the 500 grams of prescription
painkillers and approximately $9,000 recovered.

According to Suffolk County prosecutors, one of them had the drugs while the other had the money which was supposed to be used to purchase the drugs.

Somehow, law enforcement had some kind of information that the sale was supposed
to take place. The case is now pending in Charlestown District Court
Attorney Sam’s Take On Drug Trafficking And Airports

Actually, one thing this Boston criminal lawyer can tell you is that the defendants are lucky that the case looks like it will be prosecuted in state court. Because the crimes were happening in an airport, and it seems to be alleged that someone flew over from another state for the sale, it could be
brought in federal court.
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June 21, 2012

Closing Argument for Dorchester Murder Trial Accuses Boston Police Officer of ‘Hero Syndrome’

by Altman & Altman

An attorney for the Dorchester man accused in a murder made a new allegation in yesterday’s closing speech. Rosemary Scapicchio, the attorney representing one of two defendants being charged with first-degree murder, argued that the Boston police officer who was called as a key witness in the case is lying about what he saw in order to be seen as a hero. The murder of Nicholas Fomby-Davis, a 14-year-old who was pulled off his scooter and shot to death on May 30, 2010, has brought Joshua Fernandes, whom Scapicchio is representing, and Crisostomo Lopes to trial at Suffolk Superior Court.

Scapicchio delivered a 30-minute argument, during which time she accused prosecutors of failing to prove Fernandes’ guilt beyond a reasonable doubt. According to The Boston Globe, she argued that Officer Anthony Williams was too far from the shooting and “not in a position to clearly see what he claimed to have seen.” She also added that none of the other witnesses called could corroborate his account.
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June 20, 2012

ROGER CLEMENS IS FOUND “NOT GUILTY” OF PERJURY CHARGES

by Samuel Goldberg

The verdict is in on the Roger Clemens criminal trial. So is the reaction. Here is Attorney Sam’s Take on it.

Mr. Clemens was charged with, essentially, perjury. This was the second time this case went to trial. Last time, it ended in a mistrial due to actions by the prosecution. Nevertheless, it was apparently worth it for the prosecution to spend our money further on this matter so they brought Clemens to trial again.

While the government touts the cause-at-issue to be critical, and describers it as part of the fight to get performance-enhancing drugs out of the sports arena, it is worth noting that this is not what Clemens was charged with. He was charged with lying about not using the drugs.

In any event, the jury acquitted Clemens this week on all charges.

“I’m very thankful,” Clemens said, choking up as he spoke after the verdict. “It’s been a hard five years,” said the pitcher, who was retried after an earlier prosecution ended in a mistrial.

Accused of cheating to achieve and extend his success – and then facing felony charges that he lied about it – he declared, “I put a lot of hard work into that career.”

His chief lawyer, Rusty Hardin, said Clemens had to hustle to get to court in time to hear the verdict. “All of us had told Roger there wouldn’t be a verdict for two, three or four days, so he was actually working out with his sons almost at the Washington Monument when he got the call that there was a verdict.”
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June 19, 2012

Accused in 2008 Slaying of Northeastern Student is Held Without Bail

by Altman & Altman

Cornell Smith, the alleged killer of 22-year-old Rebecca Payne, was arraigned yesterday on first-degree murder charges in Suffolk Superior Court and ordered held without bail. Although the murder took place on May 20, 2008, Smith was not indicted until April of this year. He is currently serving a 12-year sentence at a federal prison on unrelated drug charges.

Rebecca’s parents, Nicholas and Virginia Payne, were also in court today and were visibly distraught after seeing Smith for the first time. According to prosecutor Ian Polumbaum, the murder occurred as a result of mistaken identity, as Smith had been involved in a fistfight a few days earlier with someone who resembled Payne. According to prosecutors, on the day of the murder, Smith arrived at her apartment around 2:30 a.m., climbed up a balcony, found his way into her apartment and shot her multiple times. Smith’s defense attorney argues that his client was himself a victim of mistaken identity and did not shoot Payne.
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June 18, 2012

WILL JERRY SANDUSKY, FACING 52 INDICTMENTS FOR CHILD SEXUAL ASSAULT ,TESTIFY IN HIS OWN DEFENSE?

by Samuel Goldberg

The trial of Jerry Sandusky (hereinafter, the “Defendant”) is trudging its way down to the finish line of a jury verdict. Thus far, the Commonwealth has been presenting its witnesses and the defense has tried to keep the presumption of innocence in play…at least until it can present its case.

As any regular reader of the Boston Criminal Lawyer Blog can tell you, the defense really has no obligation to present anything. It is the Commonwealth’s burden to prove the Defendant guilty beyond a reasonable doubt. Under the law, the defense can simply sit back, watch and do nothing.

Now, back to the land of Reality.

Particularly in this case, it would be most unwise for the defense to do nothing. It is particularly true in this case because the Defendant and his counsel have already opened their collective mouths to make promises and representations which they themselves will need to address. In fact, some of these statements have left long-time criminal defense attorneys scratching our heads since last fall!

For example, lets turn the clock back to the infamous interview the Defendant granted NBC’s Bob Costas months ago. You may remember that the Defendant’s attorney was not even in the same location as his client as he allowed this televised fiasco to hit the airwaves.

In his defense (no pun intended), the Defendant was asked some rather unforeseeable and mind-bendingly difficult trick questions, like “Are you sexually attracted to young boys, to underage boys?”

As you may recall, the Defendant finally did answer the question…after a long pause and some attempted footwork.

He eventually got to “No”, by the way.
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June 15, 2012

BADBOYCLIENTLIST.COM IS EXPOSED AS NEW HAVEN FOR EXTORTION AND OTHER CYBER-CRIME

by Samuel Goldberg

The Boston Criminal Lawyer Blog has long been arguing that prostitution should be made legal. I have given lists of reasons. Now, we have another one. It is a benefit which real criminals (alleged) enjoy thanks to the clouds of subterfuge under which those involved in the sex industry must hide.

WBZ radio (1030 AM) has broken the story about a site called “badboyclientlist.com”. It is a site, supported by the out-of-country-based site of “anonymousspeech.com”.

The controller of the “Badboy” site is a woman, I am informed from the New England area, who calls her self “Gia ‘Goodgirl’ Goode”. While her site claims to be operating for the benefit of escorts who are mistreated, it would appear that its true purpose is to aid in the harassment and extortion of other private individuals. Just to be clear, the “mistreatment” about which Ms. Goode complains ranges from not showing up for appointments and the writing online certain clients have posted about their experiences with the escorts.

Far from helping those in the sex industry, the site is now exposing sex workers to the light of repercussion. Further, it would appear that the site itself posts information that is simply untrue. Many of those listed as “bad clients” claim that they have never even used an escort service. However, by posting the individual’s name and address, the information that he is a “bad client” becomes searchable on Google and other search engines which appear to be willing to cooperate with the site.

“It was scary, it was an invasion of privacy. I was shocked it was there,” said one man who is listed on the site. whose name is on the list but didn’t want to reveal his identity. He worries about his reputation, saying he’s never contacted an escort, and assumes someone found his name on a business website. “If people go on that site and see my name there what will they think. They’ll assume the worst,” he said.

The victims of the site are mostly businessmen who appear to fit a profile of success. The man who spoke to WBZ-TV says he won’t spend the money to sue, and hopes his reputation prevails. “Denying it isn’t as powerful as the accusation. If you accuse somebody of something it sticks” he said.
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