Boston Criminal Lawyer Blog

November 8, 2011

BOSTON POLICE ARREST THREE IN MORNING OF KIDNAPPING, ASSAULT AND GUN CRIMES

Early last Wednesday morning was a busy time for the Boston Police Department. As a result, three gentlemen from Dorchester, Roxbury and West Roxbury now face various criminal charges in connection with various Massachusetts felonies.

It was last Wednesday morning, prior to 1:00 a.m. An officer says he heard shots fired and then the screeching of tires and acceleration of an engine in Boston’s Selden Street area . He then observed a black 2002 Nissan Maxima speeding by. The officer reports that he tried to stop the car, which accelerated to 60 miles per hour in a residential area. The chase continued and the Nissan is said to have accelerated to over 80 mph during the chase.

Lawrence Perryman, 20, of Dorchester, was behind the wheel of the Nissan. A witness told police that while on Crowell Street, two individuals had been shot at by a black male in a black vehicle, police said. A gunshot victim admitted himself to Carney Hospital with a non-life-threatening injury around the time the officer began pursuing Perryman in the black Nissan.

Perryman was held at gunpoint until he was arrested. Police found that Perryman’s driver window was open, and subsequently found a silver revolver with a black handle in front of 630 Gallivan Blvd., police said. The weapon had damage consistent with being slid across the pavement.

Around the same time, officers were flagged down by someone who reported being kidnapped and robbed by two armed suspects, the statement said. According to the statement, the complainants were allegedly walking down Blue Hill Avenue when they were approached by the suspects in a “white school van.” The suspects are said to have produced a gun and forced the victim into the van at knifepoint, police said.

The victim was driven to the area of Burrell Street, robbed of an undisclosed amount of cash, and then let go, according to the statement.

Officers located the van on Stoughton Street based on its description, and it was soon brought to a stop. The suspects were identified and arrested, police said.

Mr. Perryman was charged with assault with intent to murder, possession of a firearm, violations of the firearm laws, and motor vehicle crimes, according to a statement from the Boston Police Department for the morning’s festivities.

The other two gents, Kevin Ford, 38, of West Roxbury, and Joseph Hofges, 36, of Roxbury, were awarded with multiple charges, including armed robbery and kidnapping, in the second incident.

Attorney Sam’s Take On Massachusetts Guns And Violent Crimes

None of the various alleged criminal acts mentioned in today’s Boston Criminal Lawyer Blog are particularly slight indiscretions. Most of them are Massachusetts violent felonies. However, adding a deadly weapon, particularly a gun, into the mix makes the matters more serious immediately.
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November 3, 2011

MA DRUNK DRIVING CASES AND THE BOSTON GLOBE SPOTLIGHT TEAM

by Samuel Goldberg

Even a Boston criminal lawyer sometimes has to be reminded to do his homework sometimes. It would seem that it is a lesson that the Boston Globe might want to observe as well.

Over the last two days, I have been unfairly blasting WBZ political commentator
Jon Keller. Among other things, Mr. Keller does a daily short broadcast, called “Keller At Large” on the station (1030 on your AM dial) about an issue of the day. The other day, what I heard offended and angered me for reasons that will soon become apparent. Immediately, I took to attacking the view put forth as well as its messenger, Mr. Keller. However, it
turns out that Mr. Keller was simply discussing the recent findings of a Boston
Globe Spotlight Team. Their findings, as reported, would be enough to enrage
anyone…even a longtime professional commentator like Mr. Keller.

The Globe’s “findings” would be enough to lead almost anyone to the wrong
conclusion. Mr. Keller does not practice criminal law in the Commonwealth
and so simply discussed the findings as presented. Realizing that my attacking
him was unfair, I have removed the two blogs and offer my apologies to him.

One would imagine that a newspaper with the reputation the Globe enjoys to have
done its own homework , asking all the pertinent questions. This is part of being “reliable”. In this case, it would appear that it did not do so. Instead, it printed a very misleading and misinformed story which has created quite a stir.

The subject matter is Massachusetts drunk driving cases. The story, apparently
based primarily on blind assumption that judges in the Commonwealth find 80% of
drunk drivers not guilty.
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October 31, 2011

MASSACHUSETTS WEAPONS, ALCOHOL AND ASSAULTS ON A HALLOWEEN NIGHT

by Samuel Goldberg

Tonight is Halloween in Massachusetts. Well, except for the various cities and towns who have had to move the festivities to later because of this weekend’s weather issues.

Now, I don’t want to rain on anybody’s parade, and, hey, I enjoy seeing the celebrations of monsters, mass murderers and creatures of the night as much as the next guy…but there are some potential law enforcement dangers of which you might want to be aware.

Attorney Sam’s Take On Potential Legal Issues On Halloween Night

“Aw, c’mon, Sam! Do you have to ruin this for us too? I mean, everybody knows that the costumed charactors who prowl the streets on Halloween night are simply fun-loving celebrants who mean no harm, right?”

Well, yes and no. I must announce my bias first, though. As I have mentioned in the past, I live in Salem, MA. Halloween night is a bigger holiday than Christmas and Chanuka put together where I live. In fact, the celebration really begins with a parade much earlier in October and seems to be celebrated by blocking all traffic in every way imaginable for the rest of the month.
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October 26, 2011

MA ATTORNEY GENERAL MARTHA COAKLEY’S BRILLIANT SOLUTION TO THE BULLYING PROBLEM

by Samuel Goldberg

On Monday, the Boston Criminal Lawyer Blog broke the news that Attorney General Martha Coakley was about to meet with the legislature with recommendations in connection with the legal abomination our representatives passed into law last year about Massachusetts bullying.

Ever the optimist, I actually hoped that perhaps she would arrive with recommendations that actually add some common sense to the situation after both prosecutorial and regular politicians have botched the job…for the bully and bullied alike.

Well, apparently, she thinks she did. In fact, she told the Legislature’s Education Committee yesterday that her suggested requirement would be a “common sense” follow up to the statute passed and the several subsequent high profile bullying incidents in the Commonwealth.

I agree with her. Her solution is the perfect”follow-up” to that embarrassingly worthless statute.

Her recommendation? That every case of confirmed bullying be reported to the authorities. That’s right, the police and prosecutors. Let the prosecutions begin!

Attorney Sam’ Take On AG Coakley’s Solution

My first professional response to this was something like, “no…wha…really? no really? She didn’t actually say….really?” Then, I sat and thought about it. I mused that perhaps her approach was the right one. In fact, maybe the only problem is that her approach does not go far enough.
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October 25, 2011

A BOSTON CRIMINAL LAWYER DISCUSSES DNA ISSUES IN MA SEXUAL ASSAULT CASES

by Samuel Goldberg

Over the past week, there has been a lot of news concerning sexual assaults, or attempts thereof, in Somerville, Medford and elsewhere. As a result, law enforcement is looking into any possible connection between the various Massachusetts assaults

In case you do not know, Somerville and Medford neighbor one another and share the land upon which Tufts University sits. Because of Tufts, many young adults abound in the area at virtually all hours.

Does this mean that all males out walking alone could be suspects?

Attorney Sam’s Take On DNA Issues In Sexual Assault Cases

Initially, the answer to the question is “yes”. However, the potential suspect list gets narrowed a bit as descriptions of the assailant or assailants are given.

If there was any touching by the assailant(s) on almost anything, particularly the complainants, there might be DNA left behind which could narrow the search even further…maybe.

You see, when it comes to DNA, the police need a sample of someone’s DNA in order to make a match to it. Few college students have had occasion to give samples of DNA to the government or law enforcement.
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October 24, 2011

BOSTON’S ATTORNEY GENERAL CONTINUES DIALOGUE ON MASSACHUSETTS BULLYING

by Samuel Goldberg

It is a topic that has seemed to fade from the spotlight…for all but those who truly suffer under the Massachusetts assaults, destruction of property and harassment that fall under the topic of bullying. Not so long ago, it was a wonderful political football regarding which the law enforcement community and politicians alike were able to grab headlines.

But, then, it seemed to be played out. No, the problem did not disappear. It’s just that after draconian political prosecutions start to be criticized and the legislature shoves worthless-yet-politically-shiny new laws into public view…what else is there to do? After all, since such approaches were clearly not going to improve things, the issue simply became too embarrassing to keep talking about.

Apparently, however, Boston-based Massachusetts Attorney General Martha Coakley is taking the stage once again to revive the public rant against Massachusetts bullying in schools.

The AG is planning to testify Tuesday before the Legislature’s Joint Committee on Education on recommendations from a special bullying commission. This commission was created under the 2010 anti-bullying law which lawmakers rushed through and then congratulated themselves on passing the “toughest” such bill in the nation…although it was a toothless and overly broad piece of legislation that accomplished little other than creating “No Name Calling Day”, a new semi-holiday that has made a real difference in the lives of all the bullied and the bullies.

The commission’s recommendations have included requiring schools to collect annual data on bullying. It also requires schools to state in their anti-bullying plans that certain categories of students are particularly vulnerable to bullying and harassment. Of course, some schools have complied with the original statute…some have not. With an overly broad statute that seeks to treat grammar school students and college students the same way…it kind of leaves one standing with a huge question mark hanging over their heads when trying to figure out what schools are really expected to do.

I wonder what new and specific new ideas the AG will bring to the table this time…other than telling us that bullying is a problem that costs a number of kids their lives and those branded with the scarlet “B”should simply be locked up?

Attorney Sam’s Take On Political Prosecutors, Public Dialogue And The Issue Of Bullying

The Boston Criminal Lawyer Blog has been quite vocal over the last couple of years on this subject. I have talked about it on television, radio, print media and, of course, this blog.
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October 19, 2011

ANOTHER MASSACHUSETTS TEEN IS VICTIMIZED BY RAPE, EXTORTION AND RAPE THROUGH AN INTERNET SCHEME

by Samuel Goldberg

Sometimes, the Boston Criminal Lawyer Blog covers a story about a Massachusetts
rape. Other times, it is an internet crime. Still others, it is a white collar
crime. 19-year-old Tewksbury gentleman Thomas Hutchinson (hereinafter, the
“Defendant”) has now been indicted for all three, as well as other charges, by a
Middlesex County grand jury.

The Defendant is said to have posed online as someone in the modeling industry.
He got in contact with a 15-year-old girl and convinced her to send him naked
pictures and video. She complied. He then blackmailed her, threatening to post
the images and video if she didn’t have sex with his “friend”. According to the
Commonwealth, he also threatened to rape her if she did not meet with his pal or
if she alerted law enforcement.

Hopefully, it will not shock you too much to learn that there was no such buddy.
It was the Defendant himself who allegedly showed up at the appointment set for
February 28th as said friend. According to the prosecution, he then forced her
to perform a sex act in his car.

For some reason, this took a lot of time to indict. The Defendant was arraigned
in Somerville District Court back in early July and was only indicted yesterday.

Prosecutors are asking anyone who thinks they might also have been victimized by
the Defendant, or they might know someone who was a victim, to call the Computer
Crimes Unit of the North Eastern Massachusetts Law Enforcement Council at
781-396-0893
I will remind you that the Defendant allegedly had naked pictures and video of a
15-year-old on his computer. There may be other such material which they have
found.

In case you are wondering, yes, he has also been charged with the child
pornography.

Attorney Sam’s Take On The Defendants Likely Future

“Sam, you indicated surprise that the case took so long to indict. Is the fact
it took so long likely to mean something?”

October 18, 2011

NEW JERSEY CRIMINAL DEFENSE LAWYER IS PROSECUTED IN FEDERAL COURT FOR CONSPIRACY TO COMMIT MURDER

by Samuel Goldberg

Legal history is being played out again in Newark, New Jersey. The famous late trial attorney Clarence Darrow who handled ground-breaking cases like the Scopes (Monkey) Trial (as depicted in many movies and the film “Inherit The Wind”) was not only a renown criminal defense attorney.

He was also a criminal defendant, charged with jury tampering at one point. Today, a jury is hearing evidence and will soon determine the fate of another prominent defense attorney against whom the United States has brought criminal charges.

The lawyer, Paul Bergrin (hereinafter, “Defendant, Esq.”) was arrested in 2009 in connection with what the government claims wasa racketeering enterprise involving drugs, prostitution, money laundering and witness tampering.The witnesses against him? Former clients!

“When people are confronted with spending extraordinary amounts of time in jail, they will say anything and they will do anything to gain their release,” Defendant, Esq. told the jury during his opening statement in U.S. District Court. “The only way for them to do that is to cooperate with the government.”

Defendant, Esq. is not only the defendant in the case…he is also the defense attorney, representing himself.

The above-listed charges were severed by the court. Presently, He is facing trial on a murder charge. He is accused of murder and the criminal conspiracy to commit murder of a government informant, Deshawn “Kemo” McCray, who had been scheduled to testify against one of Defendant, Esq.’s clients.

According to the government, Defendant, Esq., provided Kemo’s name to his client’s associates, one of whom shot Kemo to death. The prosecution claims that Defendant, Esq. had told said associates, “No Kemo, no case.”

While this trial focuses on the allegations of murder, the prosecutors have been able to tell the jury about allegations of involvement in a drug operation. In his opening statement, the prosecutor described Defendant, Esq., as a “house counsel” for a Newark-based drug operation who gradually became involved in the drug trade himself and saw his own world about to fall apart if Kemo was to testify.

“That provides the motive for this crime,” the prosecutor told jurors. “He had a personal motive at this point; his neck was personally on the line.”
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October 17, 2011

A Boston assault and battery on Cambridge woman – further discussion of MA

by Samuel Goldberg

On Saturday night, a 31-year old woman was jogging on the Esplanade. Suddenly,
she reports that a gang of men surrounded and attacked her.

Apparently, she was able to escape the men after having been punched twice in
the head. She says that the men had been standing around and drinking beer
when she passed them and they attacked her.

The jogger is indeed lucky that she escaped without further harm from the
attack. There have been three sexual assaults on the Esplanade since 2007,
according to the police. However, the Commonwealth does not believe that this
weekend’s incident is related to those earlier ones.

In my last blog, we discussed how the crime of Massachusetts assault and battery can trigger other, more serious charges. You do not need a Boston criminal lawyer to tell you that what happened this past Saturday night involved assault and battery. We have also discussed that it may not even matter who did the punching because the Commonwealth would likely charge all the men under the theory that the group
attack was a joint venture.

Attorney Sam’s Take On Massachusetts Assault And Battery

“Sam, I notice that sometimes it is called “assault and battery” and other times
simply “assault”. What is the difference?”

October 13, 2011

Tewksbury Road Rage And Massachusetts Assault And Battery Arrests

by Samuel Goldberg

The Boston Criminal Lawyer Blog has begun to more fully discuss the parameters of Massachusetts assault and battery. What will surprise you is how slight touching can result in such a criminal charge. But first, let’s look at a gentleman from Lawrence who is finding out that, sometimes a simple physical expression of his temper is more than simple assault and battery…even if nobody is killed.

The incident took place on Sunday. The police say that 23-year-old Hermenes Rosa (hereinafter, the “Defendant”) encountered he who would become the “Complainant” as the Complainant was leaving a Tewksbury Dunkin Donuts. The Defendant is said to have driven close behind the Complainant’s car, ever nearing the bumper. Then, apparently, the Defendant started yelling obscenities at him.

Following in the display of misguided logic, the Complainant then apparently pulled into a parking lot and exited his car to approach the Defendant.

A little foreshadowing here…it turns out that the parking lot belonged to a state hospital.

The Complainant got out of the vehicle and allegedly confronted the Defendant, who allegedly responded by revving up his engine and driving at him. He then drove another short distance…with the Complainant on the hood.

Finally, the Complainant rolled off the hood and landed on his feet. The Defendant is said to have driven at him again, but then drove off laughing.

Consistent with the good sense he had demonstrated already, the Defendant returned to the scene on foot.

Where he was arrested.
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