Boston Criminal Lawyer Blog

October 17, 2011

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

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.
Continue reading

October 11, 2011

Amid claims of police abuse, Occupy Boston protesters are arrested for various MA misdemeanors and felonies

by Samuel Goldberg

You may be looking at today’s news and wondering if we have now returned to the
the 1960’s – 1970’s with regard to the recent activities of a group called
“Occupy Boston”…and several such protests across the country. The latest
activity of the group has led over 100 of the group to be arrested. The
familiar accusations of police brutality and similar assaults are flying.

Boston Mayor Thomas M. Menino today went on record to defend the arrests,
explaining that, while he agrees with them on the issues they are protesting,
the cannot be allowed to “tie up the city.”

“I understand they have freedom of speech and freedom of expression, but we have
a city to manage,” he said in a telephone interview. “I’m open to suggestions,
but civil disobedience will not be tolerated.”

The early morning arrests of the protesters, who gathered downtown in
recent days to criticize the financial industry and social inequality, began at
about 1:20 a.m..

He said protesters had crossed two lines, first, by marching on the North
Washington Street Bridge and threatening to tie up traffic and, second, by
expanding their campground to a newly renovated area of the Greenway that the
city had asked them to stay off.

Occupy Boston said today in a statement that police had “brutally attacked”
protesters. In turn, Boston Police have brought their own claims of assault
against them.

“Today’s reprehensible attack by the Boston Police Department represents a sad
and disturbing shift away from dialogue and towards violent repression,” the
group said on its website.

Masny-Latos, who was on scene as a legal observer, said no protesters fought
with police. She said police could have employed a technique routinely used at
other protests – police approach a protester, tell them they are violating the
law, and the protester then submits to being taken into custody – and still
achieved their goal of clearing the area.

“They really attacked,” Masny-Latos said of the police. “They used force that
was completely unnecessary. … It was just brutal. I have no idea why they
arrested us with u such force.” Masny-Latos herself was arrested by the police
despite the fact that she3 was wearing clothing indicating that she was simply a
legal observer.

To her shock, Masny-Latos herself was among those arrested. She said Boston
police usually respect the legal observers the guild routinely dispatches to
public protests.

“Four officers grabbed me and dragged me,” she said. “I begged them to stop,
[told them that that] they were hurting me. I have no idea why they arrested us
with such force.”

Police had earlier warned the approximately 1,000 protesters to leave the
Greenway area, where they had settled hours before, and relocate to either Dewey
Square or a small, adjacent strip of the Greenway.
Continue reading

October 10, 2011

Attorney Sam’s Take: A Boston criminal lawyer answers questions about MA Domestic Violence

by Samuel Goldberg

Last week, the Boston Criminal Lawyer Blog began addressing common questions regarding allegations of Massachusetts domestic violence cases. Today, Columbus Day, is one of those holidays when family members find themselves together to celebrate the actual holiday…or simply enjoy a day off. Either way, tempers sometimes erupt. More today than ever… lost tempers can easily end with someone being awarded the Commonwealth Bracelets of Shame.

“Why do you say ‘today more than ever’?”

Because, after years of looking the other way, these matters are treated with extra sensitivity these days. The term “extra sensitivity” translates to, “somebody is going to jail and the prosecution is not going to end any time soon no matter what either of you want”.

Too often in the past, matters in which someone was assaulted in any way were ignored until the incidents repeated themselves and people ended up dead. No, this does not mean that this was true with every domestic argument. However, our criminal justice system is not always great at splitting hairs. Therefore, we have a “no tolerance” approach to these things. We have seen this with cases involving children and any case involving a heated argument or unwanted touching, no matter how slight, between couples or family members. As a result, when the police are notified of such a disturbance, somebody from the household is going to accompany them back to the police station at the end of the visit.

“Well, what happens if it becomes clear the next morning that the situation was simply taken out of context and blown out of proportion the night before? Will the police simply dismiss the case? Will the prosecutor?”

October 6, 2011

Confession of a Boston Criminal Lawyer

by Samuel Goldberg

The Boston Criminal Lawyer Blog sends its regrets…

From the end of last week through this week tales of Massachusetts murder, rape and robbery arrests and criminal appeals have not been posted. In fact, only this admission exists.

My defense is the collision of scheduled appearances between trial and appeal courts, as well as the Jewish Holidays.

September 27, 2011

I am being accused of MA domestic violence. How serious is this?

by Samuel Goldberg

It is the type of case that has long-lasting effects. As a Boston criminal lawyer of many years, I have seen more than my fair share of Massachusetts domestic violence cases. It is the type of case that is not only a terrible nightmare for the victims, but also the system itself…because of our history of riding the pendulum from one side to the other.

Yesterday morning, state and local police arrested 41-year-old Marcello Almeida (hereinafter, the “Defendant”). He is charged with the fatal Marshfield stabbing 24-year-old Patricia Frois (hereinafter, the “Deceased”). According to the Commonwealth, this was a domestic violence incident.

The assault was reported at around 8:01 a.m. in a building at the Village at Marshfield, an apartment complex of 20-unit buildings off of Route 139. The Deceased was found with multiple stab wounds in the building foyer. She was treated at the scene and transported to a local hospital, where she was pronounced dead at about 8:30 a.m.

State, local and federal officers rushed to the scene where they found the Defendant. He was allegedly hiding in a shed in a back yard near the apartment complex. Law enforcement says he did not put up a fight. He is, however, said to have been injured and taken to an area hospital under police guard.

People who had varying degrees of alleged knowledge of the couple say that there was a history of abuse and that the Deceased had been trying to get out of the relationship. Law enforcement is not revealing, as of yet, information on whether there had been previous complaints of abuse.

The Defendant will likely be charged with several counts, including Massachusetts murder and armed assault and battery.

Attorney Sam’s Take On Massachusetts Domestic Violence Cases

Domestic violence matters have been “hot potatoes” for a long time now. Years ago, such cases were just treated like a “marital squabble” and so ignored by the criminal justice system…until the resulting dead bodies started to pile up.
Continue reading

September 26, 2011

The Boston Criminal Lawyer Blog Watches As A Jury Is Selected For The Michael Jackson Homicide Trial

by Samuel Goldberg

As a long-time Boston criminal lawyer, I can tell you that jury selection, at least in the Massachusetts state courts, is usually an exercise that takes far less time than it does in other jurisdictions
There are exceptions, of course. For example, picking a jury in a Massachusetts rape case or anything that has children as the alleged victim, takes longer because many potential jurors simply do not want to serve on such a case.

In many jurisdictions, the court allows the attorneys to question the jurors.

Not in Massachusetts. As a result, picking the men and women who will make a decision that can end a citizen’s life as he knows it, usually takes around one to two hours.

Of course, the homicide case of the late Michael Jackson is not taking place in Massachusetts. The jury selection in that matter, has just taken place in California, has begun. Dr. Conrad Murry (hereinafter, the “Defendant”) is charged with involuntary manslaughter. Authorities contend he gave the singer a lethal dose of the anesthetic drug Propofol in the bedroom of the singer’s rented mansion on June 25, 2009.

The jury, containing seven-men and five-women has been selected by active participation on the parts of both the attorneys and the court.

They were culled from a group of 145 potential jurors.

The trial is expected to take roughly five weeks. Opening statements are expected to begin tomorrow.

In Massachusetts, the trial would have probably been over before this jury was selected.

Attorney Sam’s Take On Who Selects Your Jury

“Sam, are you saying that a Massachusetts criminal defendant does not participate in selecting his own jury?”

September 22, 2011

Boston Drug Trafficking Targeted At Logan Airport And East Boston District Court

by Samuel Goldberg

Carlos J. Lanns, a 24-year-old New Jersey gentleman (and hereinafter, the “Defendant”), flew to Boston Monday…and into the arms of the law. He now stands charged with a number of Massachusetts drug crimes.

According to the Commonwealth, the Defendant arrived at Logan International Airport with 2.17 kilograms of cocaine, wrapped in plastic, in his shoes. Law enforcement values the drugs at an estimated street value of more than $200,000.

Prosecutors allege that the cocaine was hidden inside four pairs of shoes in his checked luggage. State Police arrested the Defendant shortly after he got off JetBlue Flight 862 from Santo Domingo, the capital of the Dominican Republic. Apparently, they had been alerted by US Customs and Border Protection.

While, the method used to find the drugs was not revealed “so as not to compromise ongoing interdiction efforts,” Suffolk District Attorney Daniel F. Conley’s office said, drug-sniffing dogs have been used in the past to check luggage from certain international flights.

At his arraignment, the Defendant is said to have seemed confused as his interpreter explained the proceedings to him. At his East Boston bail hearing, bail was set at $300,000 cash, although the Defendant had no prior record. The Commonwealth also requested that he be made to surrender his passport should bail be made as he allegedly has ties to the Dominican Republic.

It was so ordered.

The Defendant has pleaded not guilty to charges of trafficking in more than 200 grams of a Class B substance. He faces a possible 15-year mandatory minimum state prison sentence if convicted…

…so far.

Attorney Sam’s Take On State And Federal Drug Trafficking

“Ok, Sam, what do you mean by ‘so far’?”

Well, it would appear that any criminal investigation, or investigations, into the Defendant and his activities has just begun.
Continue reading

September 20, 2011

Road Rage Near Boston University Results In Assault, Battery And Motor Vehicle Criminal Charges

by Samuel Goldberg

Last week, the Boston Criminal Lawyer Blog discussed criminal prosecutions which result from unintentional acts. One of the things we discussed was Massachusetts motor vehicle crimes that result from car accidents.

Of course, not all such prosecutions result from mere accidents.

Take an incident at Boston University which occurred last week. There was a road rage incident which really got out of hand and resulted in the arrest of two men on Commonwealth Avenue.

The matter apparently came to the attention of law enforcement while it was in mid-stream. Their attention was first drawn to 42-year-old Nick Miller (hereinafter, “Bike Smasher”) as his vehicle struck a bicyclist. Bike Smasher’s car dragged the bicycle and the victim through a red light. Upon further inspection, they noticed that the car’s windows were broken.

However, this turned up to be the tip of the proverbial iceberg.

Apparently, after the bicyclist was struck and dragged, another gentleman entered the scene. Leaving a vehicle on the other side of the intersection came 39-year-old Rocky Jace (hereinafter, “Slugger”). He was carrying a tire iron. He then used the tire iron to smash Bike Smasher’s windshield.

According to witnesses, Bike Smasher and Slugger had been engaged in a road-rage fight before the bike was hit. It was at that time that Slugger apparently broke the rear and side windows of Bike Smasher’s vehicle.

Now, after the striking of the bike, Slugger was back to continue the job.

However, the police on the scene had other ideas. They charged Slugger with Massachusetts Assault and Battery by means of a Dangerous Weapon, Driving to Endanger, Malicious Destruction of Property and various motor vehicle violations. Bike Smasher was charged with assault and battery and malicious destruction of property.

Both gentlemen are apparently from Providence and knew each other from work.

The bicyclist is a recent College of Arts and Sciences graduate. He indicates that he is grateful to be alive and does not remember jumping from his bike, which probably saved him. He reportedly had bruises and scrapes but refused medical attention.
That is not likely to help the resulting civil lawsuit.

The bicycle, according to accounts, was damaged beyond repair.

Attorney Sam’s Take MA Road Rage And Related Crimes

Road Rage, like hate crimes, is a category of crime. The actual offenses, as you can see above, break down to assault, battery, malicious destruction of property and the like.
Continue reading

September 20, 2011

Former Probation Commissioner Is Prosecuted For MA White Collar Crimes In Boston

by Samuel Goldberg

It seems to this Boston criminal lawyer that MA white collar criminal prosecutions seem to have become the “in” thing over the past couple of years. The most recent setting Boston’s federal court and the headline-grabbing sentencing arguments involved in the sentencing of Former House Speaker Sal DiMasi.

Yesterday, it was announced that another ex-public servant is looking down the barrel of the criminal justice system. This time, it is state court. To be specific, a Suffolk County grand jury has indicted former probation commissioner John O’Brien (hereinafter, the “Defendant”) on charges that he traded political donations to former state treasurer Timothy P. Cahill in exchange for a job for his Mrs. O’Brien.

The grand jury also indicted the Defendant’s chief of staff at the time, Scott Campbell, who handled personnel matters for Cahill. This would indicate that the Boston white collar crime is also being prosecuted as a Boston criminal conspiracy case.

By the way, Cahill was apparently not indicted.

The indictments were handed down in June and unsealed today, according to one source. The two men are expected to be arraigned next week.

The investigation was handled by Attorney General Martha Coakley. However, an independent counsel had been called in to investigate the charges of political patronage in the Probation Department this past November. This was apparently in response to the Boston Globe Spotlight Team series releasing a report portraying the agency as rife with patronage. The special counsel, Paul F. Ware Jr., launched his probe and, since, federal and state officials continued the investigation into allegations of rigged hiring, illegal campaign contributions, and other abuses. This would include alleged orchestration of donations by the Defendant in order to boot job prospects for his wife and, perhaps, his daughter.

If the Commonwealth’s allegations are true, Boston Probation’s part in criminal justice became a game the whole family could play!

Until now, there have been resignations, but not criminal prosecutions in connection to what might become known as “Probation-Gate“.

Today, it was Ware’s moment to shine in the limelight. He declared, “The return of the indictment today against former Commissioner O’Brien and the chief of staff of the state treasurer’s office is to be expected. To me, it is confirmation of the facts found during the course of my investigation… State jobs should not be a dividend for the connected nor for existing state employees in responsible positions. This charge strikes another blow to corruption in state government,”

Attorney Sam’s Take On Federal Investigations And Prosecutions

“Hey, Sam, how do the prosecutors decide who they will and who they will not indict?”