Boston Criminal Lawyer Blog

April 22, 2012

PROSTITUTION AND SEX SCANDALS IN MILITARY LAW (Part Two)

The United States service members who were part of the security detail in Colombia and now are under investigation reportedly include five Army Green Berets, two Navy Explosive Ordinance Disposal technicians, two Marine dog handlers, and an Air Force airman. Most of the 11 Secret Service agents and supervisors flown back to the United States (placed on administrative leave, their security clearances suspended) reportedly are married – which puts them in a precarious position regarding their employment with the agency…not to mention their families.

You see, adultery, like engaging a prostitute, is a no-no under military law. Further, wives do not like it very much either.

Given the shock-wave emanating through the governmental agencies this past week, it is difficult to imagine that throughout the history of war and the posting of armies far from home prostitution has been a common feature. But it has been. However, it has only quite recently, along with the issue of adultery, been specifically addressed in military law and regulation.

Proving again that “timing is everything”, the United States service members in the spotlight of scandal now not only face embarrassment and loss of livelihood, but also potential criminal prosecution for violating military law.

Under the Uniform Code of Military Justice (“UCMJ”), hiring a prostitute wasn’t specifically banned until 2006 – as part of the Bush administration’s effort to combat human trafficking, which frequently, it is argued, is connected to prostitution (including the involvement of underage girls).

Whether it is or not, and what to do with it, again, is another story for another blog.

Now, because of the change in the Manual for Courts-Martial, troops who patronize prostitutes can actually receive a dishonorable discharge, forfeiture of all pay and allowances and up to a year in jail. The specific definitions of “prostitution” and “pandering” are spelled out in Article 134 of the UCMJ, as are the circumstances under which such activities are considered “to the prejudice of good order and discipline in the armed forces or … of a nature to bring discredit upon the armed forces.”
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April 20, 2012

THE MORTAL SIN AND CRIMINAL ACT OF PROSTITUTION REARS ITS UGLY HEAD AGAIN (Part One)

by Samuel Goldberg

As, apparentl less important, criminal mysteries remain open in the United States, we are spending time, money and media attention on the mysteries of men hiring women for sex in another country.

Members of our military and national security organizations, have fallen prey to the ultimate evil which lurks in the heart of human society. It seems like only yesterday that the Boston Criminal Lawyer Blog was discussing our heroic and intrepid law enforcement officers of Massachusetts and their fight against this crime.

Actually, it was late last week.

In any event, the episode which brings endings to careers and embarrassment to our administration has shown that the sex industry, prostitution primarily, is an international industry.

The event took place just prior to President Barack Obama’s trip to Columbia for the Summit of the Americas. The results?

Approximately 11 Secret Service employees are under investigation; two have been fired and another has apparently decided to suddenly retire.

House homeland security chairman Representative Peter King told CNN yesterday that he expects more Secret Service employees to leave the agency as soon as today. Apparently, all the suspects are also being tested for evidence of drug use…although there have been no allegations of drugs having been involved in the incident.

The other eight members allegedly involved in the scandal are on administrative leave and have had their security clearances suspended, according to the Secret Service. Ten military personnel are also being probed for their possible participation in the incident.

The allegations brought against these people? They cavorted with prostitutes as they were awaiting the arrival of their Commander-In-Chief in Colombia.

In an election year, yet!

The men were all part of the “jump team” that flies in on military transport planes with the presidential limousine and other vehicles to be used in the president’s motorcade. They apparently arrived the morning of the incident, raising questions about whether the activity had been planned in advance. Previously plotted or not, they are accused of bringing prostitutes to Cartagena’s Hotel El Caribe ahead of last week’s visit by the president.
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April 16, 2012

ATTORNEY SAM’S TAKE OF FEDERAL CRIMINAL CASES, DISCOVERY AND “JUSTICE” (Part Two)

by Samuel Goldberg

Hello. I hope you had an enjoyable, albeit alittle warm, Patriot’s Day. Well, at least in Massachusetts it was Patriot’s day. We tend to honor the Patriot’s of wars present and past by running the Boston Marathon. I guess that is a battle in and of itself.

But that is another story.

The Boston Criminal Lawyer Blog last left off talking about discovery practices in the Federal Court. The matter which brought it up was the case of James “Whitey” Bulger (hereinafter, the “Defendant”) who is facing murder charges dating back quite a long time.

The question we left off at was, “But, the government’s primary responsibility is to seek Justice and a fair trial, right?”

And, of course, the answer is “Yes!” In both state and federal court, the prosecutors’ primary mission is to seek the truth and do “Justice”.

“So, what’s the problem? Of course the prosecution will give the defense what it needs in order to have a fair trial, right?”

That is not what I said. I said that it was the government’s primary responsibility, as recognized by their own oath that they take. However, whether that translates to reality very well is another story. A story that we have discussed quite a bit over the years of this blog.

First, you must understand that, like any business, there is a structure to a prosecutor’s office. At the top of that structure is the main prosecutor. In the state court, that would be the District Attorney. Every county has one. In the federal court, it is the United States Attorney.

Both the District Attorney and the United States Attorney are political positions.

This means that how things that their office does look politically (in the media and so on) matters a great deal to the boss of the organization. And, naturally, it is that boss who sets the directives, tone and policies of the office. All the assistants below him or her are underlings who answer to supervisors who answer to their supervisors all the way up to the big boss.

As we have discussed in the past many times, nobody gets good public reaction these days when perceived “soft on crime”. You merely have to consider the previous case of Judge Lopez and the current matter of Judge Dougan as evidence of this. If that is not enough, just look at the press accounts of criminal cases. Folks tend to be out for blood when it comes to criminal allegations. Therefore, the safest thing a prosecutor can do is to be unrelentingly “tough” on crime.

“After all”, most prosecutors will tell you, “What if I give the defendant a break and he goes out and kills someone?!?!”

I remind you of the parole debacle which began about a year ago and still plagues us today as discussed a few weeks ago.

Now, add something else to the equation. The prosecutors are trial lawyers. In other words, they are advocates. And they want to win.

Add to that fact the certain indoctrination which one goes through at such a place of work and the translation becomes simple….all criminal defendants are guilty. Otherwise, they would not have been arrested by the nice trustworthy police officer. That’s it. That simple.

From the prosecutorial point of view, the reason for discovery is chiefly so that the nasty defense lawyers can get a chance to poke unfair wholes into the case against their clients.
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April 14, 2012

JAMES “WHITEY” BULGER’S MURDER CASE RETURNS TO BOSTON’S FEDERAL COURT (Part One)

by Samuel Goldberg

The Boston Criminal Lawyer Blog has often decried what has happened to the so-called “presumption of innocence“. You know the presumption…that alleged one that we claim to be the foundation of our criminal justice system. I tend to say that, at least until trial, that seemingly invisible presumption may be still hanging around, but it is usually outshouted by the assumption of guilt!

The more high profile the matter, it seems the more this is true. But then, who can really blame the media? That nasty A-word (alleged) is so long and hard to spell…!

The epitome of this seems to be the case of reputed mob-boss James “Whitey” Bulger (hereinafter, the “Defendant”).

When the Defendant’s case is discussed in the papers, I seldom see that nasty A-word in his title. It is generally things like ” Lawyers for mobster James ‘Whitey’ Bulger…” or “Bulger, the former leader of the Winter Hill Gang…”

I apparently slept through that trial during which he was convicted of being a mobster or leader of the Winter Hill Gang. Oh well, at least we are going through the motions of pretending he is not really already found guilty of the murders for which he is to stand trial.

Anyway, his case is due to be coming back to Boston’s federal court on Wednesday. It is the continuing battle of discovery between the defense and the government. The battle pits the court between giving the defense a shot at what could be claimed to be a fair trial and shoving the case through to trial and geting it over with.

The Defendant’s lawyers have been sparring with prosecutors over the mountains of material expected to be used at the trial now scheduled for November. The defense argues that said mountain was a disorganized mess so that it is impossible to make sense of it all and adequately prepare for trial in time for the November deadline. The prosecution is basically taking the position that they should not be penalized for giving so much of their case away to the defense in their never-ending quest for peace, justice and the American way.

Interestingly, there is a bit of irony here. In federal criminal cases, the argument is usually that the mountains of discovery (albeit usually more organized) come too close to the trial so that the defense is not given the opportunity to be adequately prepared for trial.
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April 13, 2012

CRIMINAL CHARGES FOR STUDENTS’ CRIMES COME TO BOSTON UNIVERSITY (Part Two)

by Samuel Goldberg

https://criminal.altmanllp.com/sexual-assault-sex-crimes.htmlWelcome to Friday the 13th. Regardless how it goes for you, the folks over at Alpha Epsilon Pi at Boston University have already had a bad week.

As CBS in Boston put it, “the party is over”.

Previous to this week, the only problem they seemed to be having was with the university itself. B.U. was no longer sanctioning the fraternity house. This apparently took place nearly 20 years ago due to underage drinking.

Apparently, that was not bad enough to gain the frat boys’ alleged attention. Now, the fraternity’s national board of directors has shut down its B.U. chapter altogether because of that latest incident allegations of tying up and beating five students who were pledging the fraternity.

According to the Boston Globe, the fraternity is also calling for a three-day moratorium on pledging activities at its chapters in the U.S., Canada and Israel.

Who would have thought this would be an international incident?

As expected, the Boston police are also seeking criminal complaints in the matter. The complaints would apparently be against 14 gentlemen. The charges are to be hazing and assault and battery.

Attorney Sam’s Take On Hazing, Assault And Battery And Students’ Crimes

In my last Blog, we discussed the university’s stance on hazing as well as the Commonwealth’s definition of it. I left you with a question, namely what the difference was between assault and battery and the hazing (when it comes to A&B-type behavior).

The key to assault and battery is that it involves unwanted offensive touching. This would therefore leave out all wanted or permitted touching by the touchee. Therefore, all sadomasochistic activities would not be included. This would include permitted abuse which is often involved in these hazing incidents. Check out the last line in the statute as quoted previously.
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April 11, 2012

BOSTON UNIVERSITY HAZING HITS THE NEWS ONCE AGAIN (Part One)

by Samuel Goldberg

Unlike Bullying, Massachusetts hazing is actually illegal.

Not that all cases involving hazing are prosecuted. This one will be, though.

Our story hit the media in the wee hours when Boston police began their investigation into a possible hazing incident that occurred at an unsanctioned Boston University fraternity.

The officers responded to a newly-renovated Allston home just after midnight on Monday. The call came from neighbors who said they heard yelling coming from the house. According to one such neighbor, the shouting contained “‘Yes sir,’ like somebody’s giving somebody orders and they have to obey”.

Upon arrival, the officers apparently discovered five young men stripped down to their underwear. They “were covered head to toe with all sorts of condiment type substances. All five were shivering and had horrified and fearful looks of their faces. They were all tied together via duct tape wrist to wrist to form a human chain.”

Upon cleaning the various sauces off their bodies, the officers saw that all five gentlemen had red welts and markings all over their backs.”

The men were asked if they were okay and, according to the officers, one of them “looked right at officer and with tears coming down his face shook his head…indicating no.”

It turns out that the building is sort of an undercover fraternity home of sorts; there are no fraternity letters outside it. However, police point out that they found framed photos of members of the Alpha Epsilon Pi fraternity inside. There were also apparently a dozen other college students scattered around the two-story home. Some, officers say, were hiding, or pretending to be sleeping. Further, neighbors say that mainly Boston University students live there.

One such neighbor stated that the incident was not surprising, “…but it’s definitely unfortunate. And I guess it’s even more unfortunate that I’m not surprised.”

The first reaction by Boston University was that the incident was being investigated for possible hazing. The University’s spokesperson also indicated that Alpha Epsilon Pi is a national fraternity, but not one recognized by B.U.

Attorney Sam’s Take On Hazing

There have been quite a few incidents of hazing in the press of recent years. Further, this is not the first time this year in which B.U. has been at the center of one such incident.
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April 9, 2012

TWO DEFENDANTS CHARGED WITH MURDER ARE RELEASED AS CASE IS DISMISSED IN DEDHAM

by Samuel Goldberg

Hey, I am only a mere Boston criminal lawyer…you can’t expect me to know all the answers. That is what I rely on the media for to a certain extent.

For example, would be the best question to ask someone who has been in jail for about three years awaiting trial for murder and is now suddenly released because the Commonwealth has dropped the charges?

Fortunately, we have seasoned reporters who know just the penetrating question to ask. It turns out that the question is “How does it feel to get your freedom back?”

Brilliant. It never would have occurred to me.

But, once again, I digress. Today’s topic is the matter which took place in Dedham late last week. In that case, two suspects in a gruesome murder have been released from their close to three years in custody. The charges against them have been withdrawn as the key prosecution witness in the case has now died.

When asked how the creative question mentioned above, namely, how it felt to be free, one of the men said, “Why don’t you put yourself in my place and figure it out for yourself.”
Daniel Bradley, 50-years-old, a former football coach at Xaverian High School and Paul Moccia, 57-years-old, a Mass Pike toll collector (hereinafter, the “Defendants”) were accused in the 2009 murder of a 37-year-old Framingham man. According to law enforcement, the Defendants shot the man in order to avoid a $70,000 drug debt. The man’s body was never found and authorities believe it had been dismembered at Bradley’s cement company and disposed of.

This past January, the prosecution’s key witness, Moccia’s brother, died of natural causes. Now, approximately three months later, the Norfolk District Attorney decided to withdraw the charges.

The Norfolk District Attorney Michael Morrissey said the case largely rested on the key witness but now that the witness is dead it is impossible for the government to sustain its burden of proof.

The case remains under investigation. The district attorney is asking anyone with information to come forward.

Attorney Sam’s Take On The Dismissal Of Homicide Charges

I tend to criticize district attorneys quite often in this blog. Therefore, allow me to jump at the chance to credit them where applicable. What the Commonwealth has done in dismissing these charges, rather than waiting for the trial date, is to honor its responsibility to do the “right thing”. It realized that there is no way it could make what lawyers call a “prima facie case”…and so it dimissed the charges.

“So, Sam, does this mean that the Defendants have been exonerated?”

No. It means that the Commonwealth could not prove its case beyond a reasonable doubt at this time.”

“What do you mean ‘at this time'”?

April 6, 2012

NEEDHAM IS SAFE FROM PROSTITUTION, AT LEAST AT TWO ADDRESSES. ALL IS WELL.

by Samuel Goldberg

While the rest of us were getting all caught up with silliness like homicides on the streets of Mattapan and Florida as well as deadly cyber-hate crimes in New Jersey, the good folks in Needham have been lucky. Far from being diverted from fighting real crime, the intrepid Needham Police Department have risked life and limb to battle what is, after all, probably at the root of all street crime.

Sex.

Well, more specifically, sex for money. That’s right, we are talking about mankind’s preeminent scourge…prostitution..

Examples of this recent stellar police work include a sting operation on March 16th. That’s right, while I was wasting your time and mine discussing aspects of cyber-bullying, multiple homicide and domestic violence trials, the NPD was shutting down two massage parlors because of alleged prostitution.

Of course, no police agency is an island and it took detective from the NPD as well as the Norfolk County Police Anti-Crime Task Force to successfully complete this criminal investigation.

While Needham Police Lt. John Schittler could not divulge the details of this daring-yet-absolutely-necessary operation, he did reveal that the operation which brought down two massage therapists, or alleged prostitutes, featured the work of an undercover police officer which must have rivaled the famous Sherlock Holmes. The two alleged sex workers, ages 46 and 50, were charged with sexual conduct for a fee and were arraigned in Dedham District Court.

“Pending the outcome of the investigation, there is the possibility of further charges being filed against a couple other individuals at each location,” announced Lt. Schittler. “The investigation will encompass every aspect of the business. We’ll look at all aspects of what transpired, and, if we determine that we have enough to push forward charges, then we would do so.”

Sure enough, less than a month later, on March 29th, as I was babbling on about multiple women being assaulted in Cambridge, Needham police nabbed a third person for prostitution. This one was 20 years of age.

Well, at least the citizenry of Needham are out of harm’s way…at least from these two addresses!

Attorney Sam’s Take On The Sex Trade, Human Trafficking And Hypocracy

A week or so ago, I saw a news story about a criminal investigation yielding the arrest of those charged with human trafficking. Far from being a victimless crime, that crime reflects some of the worst victimization that mankind has to offer when it takes place.

However, not everyone engaged in the sex trade is a sex slave.
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April 4, 2012

WAS THE SHOOTING OF TRAYVON MARTIN A HATE CRIME? (Part Three)

by Samuel Goldberg

Today, the Boston Criminal Lawyer Blog finishes its three-part series on the mind-numbing issues surrounding the killing of unarmed Trayvon Martin (“Shot”) by George Zimmerman (the “Shooter”) in Florida.

Yesterday we concentrated on what Florida law enforcement must consider in determining whether there is probable cause to arrest the Shooter for any crime whatsoever. The fact that it was as close a call as it apparently is might have surprised some people.

Today we tackle what may be the most emotional issue of the whole thing. Certainly, it is the most explosive issue.

Was the killing of Shot a hate crime?

Not surprisingly, various news outlets report that opinions differ on the Shot killing by racial lines. Maybe. It is also clear that various political figures, including those who simply like to incite despite the fact that they have very-little-to-no credibility left have been quite vocal about this being a racial killing.

One would imagine that, as they decide how their criminal investigation will end, they need to decide whether probable cause exists that, if the Shooter committed any crime, was it racially motivated.

What do you think?

Attorney Sam’s Take On Hate Crimes

As you have seen, so-called “Hate Crimes” prosecutions seem to be on the rise throughout the country. Just recently, in New Jersey, a young man was found guilty by a jury of what the prosecution argued was a hate crime which led to the death of another young man.

This despite the fact that the prosecutor argued that the state was not holding the defendant in that case responsible for the death.

The argument was that the defendant did this hate crime because of his feelings about gay people because his roommate was, indeed, gay. The evidence, the prosecution argued, was various statements the defendant had made about whether or not he was comfortable having a gay roommate.
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April 3, 2012

DOES FLORIDA LAW’S DEFINITION OF PROBABLE CAUSE MANDATE THAT GEORGE ZIMMERMAN CANNOT BE CHARGED FOR THE HOMICIDE OF TRAYVON MARTIN? (Part Two)

by Samuel Goldberg

Hey…good news! If charged in the shooting death of unarmed Trayvon Martin (“Shot”), George Zimmerman (the “Shooter”) will voluntarily turn himself in! This was announced yesterday by his attorney.

For those of you out there who thought that this was a big step in solving the mind-bending issue of whether or not there was probable cause to arrest the Shooter, it wasn’t. It basically translates to, “Hey, you don’t have to come to get me and embarrass me buy cuffing me and dragging me into court”.

It is basically something I try to do for all of my clients as a Boston criminal lawyer when they are wise enough to retain me before the arrest actually comes. As discussed in the past, it not only helps with the upcoming bail hearing and trial, but it also creates less of a disruption in one’s life than being unexpectedly cuffed at home or at work and dragged into a cruiser.

But I digress.

We left off yesterday wondering whether or not there was probable cause to arrest the Shooter for…anything.

The answer might surprise you!

Attorney Sam’s Take On Probable Cause And What We Know

Yesterday, I discussed how probable cause is treated here in the Commonwealth. Here, it is quite a low standard. Further, “self-defense” is a defense that may be brought by the defendant…at trial. Generally, while the prosecution might be willing to entertain a plea deal for, say, manslaughter in such cases, the fact that this will be the defense seldom prevents actual charges being pressed in the first place.

However, Florida may be alittle different. After all, they do have laws which give greater protection to those who “stand their ground” when attacked as opposed to Massachusetts where one has the duty to try and flee (especially if the incident does not take place in his home). So, let’s check in with some applicable laws from Florida’s statutes…
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