Boston Criminal Lawyer Blog

July 11, 2011

Wayland Teenage Murder Sparks Questions Of Massachusetts Relationship Violence

Not so long ago, Wayland’s Nathaniel Fujita and Lauren Astley were a couple.
She broke up with him. He wanted to get back together. Now, she is dead and he is in custody, charged with her Massachusetts murder.

This is a common and tragic scenario that we see when it comes to domestic violence cases…both when those cases involve the young and the not so young.

After the killing, sometime last week, a cross section of teens were interviewed as to whether they ever think about things such as relationship violence. While many of the kids have friends in long-term relationships, most could not imagine and relationship at their age ending in such a tragedy.

Teachers and parents still preach about the perils of relationships twisting into violence. However, it appears to them that teens are too young to deal with serious relationships on their own, but not too young, despite what they might think, to suffer abuse and violence.

Some of the teens say that they have friends at the local High School who have been dating for a year or longer. But their friends’ relationships seem casual, they say. If those romances end, the girls predicted, neither boy nor girl would react explosively.

“It’s a little weird to be in such a serious relationship right now,” one girl said. “If you’re in high school, it’s not like you’re getting married.”

It is not that teenagers are complete strangers to the realities of abusive relationships. When a friend broke up with a longtime boyfriend months ago, the upset former boyfriend brandished a gun. But Fraser views the episode as an anomaly.

Even if their children see the issue as more theoretical than practical, parents said communication at home is key to healthy teenage relationships.

Seekonk resident Christina Machado, 44, has taught her 16-year-old daughter to enjoy spending time with her boyfriend of five months, but not so much that she neglects friends, family, and hobbies. Those conversations include her boyfriend and his parents.

“I want to make sure they’re strong enough to be their own people,” Machado said.

The daughter seems to be listening: “I don’t feel like I have to see him every day,” she said of her boyfriend.

Attorney Sam’s Take Violence, Kids And Laws

For those of us with children, this story is not surprising. Kids seem to think that they are indestructible and can “put it over” us old folks and get away with almost anything. Those of us with teens know that the truth according to the kids…we know nothing; they know all.
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July 8, 2011

Boston Police Officer Allegedly Lies To Police Investigators And Faces No Criminal Charges

by Samuel Goldberg

South Bosotn’s Whitey Buldger’s new attorney, J.W. Carney, Jr., has been heard explaining to the media that the government has had 20 years to prepare his client’s case for trial and that he has had the matter for (at the time) 5 days. From Boston’s Federal District Court to school disciplinary hearings, we have discussed the existence of an unequal playing field facing you when the finger of accusation comes to call.

Let’s end the week with one more example, shall we?

The Boston Globe reports that it has obtained a police an Internal Affairs Division report about a police officer involved in what has been called one of the most notorious police brutality cases in the city’s history. The matter stems from a 2009 arrest in the North End. The officer, David C. Williams (hereinafter, the “Officer”) has been placed on paid administrative leave for lying during the department’s investigation into the incident.

In 1999, the Officer was fired from the force after being implicated in the racially charged 1995 beating of an undercover police officer. He was then reinstated with nearly $550,000 in back pay after a civil service arbitration in 2005.

In the instant matter, the Officer faces the possibility of losing his job under Police Commissioner Edward F. Davis’s nearly 19-month-old policy of dismissing officers who lie in the line of duty, to internal affairs investigators, or in court (aka what would be called “perjury” if a non-officer did it.

The Officer’s attorney insists his client told the truth about the 2009 North End arrest. “He’s absolutely testified honestly and truthfully about the incident that occurred,” his lawyer explains . “Any conflicts about the incident were the result of a fast and rapidly evolving incident.”

Do you find it odd that such claims are supposed to be believed when made on behalf of a police officer by his officer, yet not for the rest of you?

Anything wrong with that?

At any rate, the Officer is appealing the finding. A hearing is scheduled for later this month.

Attorney Sam’s Take On The On-Again/Off-Again Relationship Between Law Enforcement And The Truth

The relationship between police officers, or federal agents, and objective factual truth tends to be a bit tumultuous. Whether it is a good day or a bad day in said relationship, be assured that it is a different relationship than the law provides for you.

This case demonstrates this fact brilliantly.

For example, you would be prosecuted for perjury.
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July 7, 2011

A Boston Criminal Defense Attorney Discusses Whether You Need A Lawyer At A School Disciplinary Hearing

by Samuel Goldberg

Most Massachusetts schools are now closed for the summer. For some students, however, the ability to attend class ended long before the end of the school year. It is a problem that is not merely local, but national as well.

Take 15-year-old Nick S, for example. Nick was by all accounts a good kid. He was a Boy Scout and played on the football team at high school. Nick even did well in school and helped out at home by caring for his mother, Sandy, as she battled Lou Gehrig’s disease.

Then, one day Nick purchased one capsule of JWH-018, a then-legal compound that mimics the effects of marijuana at school. The school, having a strict policy against drugs, guns and campus crimes, found out about the purchase. Nick was questioned by authorities, admitted his wrongdoing and apologized.

You might think it would end there…or at least shortly thereafter. You would be wrong.

The school held a disciplinary hearing. Nick’s parents and his mother’s nurse accompanied Nick to it. Just them. That’s right, no attorney.

You see, a school administrator discouraged them from bringing an attorney. You know, much the same way police officers often do as they sit down to take your statement or invite you to a Massachusetts Clerk Magistrate’s Hearing. The administrator explained that bringing a lawyer would be unnecessarily adversarial.

Imagine their surprise when the hearing became an hour and a half of badgering and harassment. According to Nick’s dad, it was “adversarial to an extreme.”

“They were badgering him and impugning his integrity. It brought him to tears, had me in tears, my nurse in tears.” To say nothing of the effect on Nick’s seriously ill mother.

As a result of the hearing, Nick had to be transferred to another school.
He committed suicide six days after starting there.

Now, surrounded by pictures of his late young son, Nick’s dad is trying to make some sense of it all and why his son had to die. “I thought with Nick’s record, with this being a first-time infraction and with the fact he possessed something that they didn’t even know what it was, surely they couldn’t throw the book at him,” he says “I was warned that a lawyer would make the proceeding unnecessarily adversarial, so I didn’t pursue any legal advice at that time.”

Attorney Sam’s Take On Counsel And School Disciplinary Hearings

“Aw come on, Sam. I’m sorry about this tragedy and all, but that is a pretty extreme situation, isn’t it? I mean, how often does something like that happen?”

You would be surprised.

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July 6, 2011

South Boston’s Whitey Bulger, Casey Anthony And Innocence

by Samuel Goldberg

Blasphomy! Yet, I heard it myself on WBZ radio this morning!

Yesterday, the Casey Anthony jury in Florida shocked the nation, if not the world, by delivering a verdict of “Not Guilty” after her widely watched trial. Not guilty of killer her two-year-old daughter, Caylee. Not guilty of all the homicide counts. Guilty only of lying to investigators.

This may have surprised people…but that was not the unspeakable things to which I refer above.

The public is roaring “foul!” How could a jury listen to all the evidence as well as the law the judge told them and find the defendant not guilty of killing her daughter? After all, everybody else, who, incidently, did not have the jury’s vantage point, were convinced of her guilt! And they should know better, after all. They were mostly convinced of her guilt long before the jury was even sworn! Who are these Johnny-come-lately jurors to contridict general concensus?

Nope. Still not the misbegotten statements about which I speak.

The forbidden sentiments I heard on the radio were spoken by the prosecutor involved as well as an alternate juror in the case.

The DA said that he believed that the jury followed the evidence and the law! The alternate juror said he agreed with the verdict!

How dare they? People are comparing the verdict to the O.J. Simpson fiasco. Once again, according to uninvolved and comparatively uninformed public, the jury got it wrong. How dare the alternate juror and prosecutor suggest anything different?

To make matters worse, as everyone will tell you, the defendant may be set free after serving a mere 3 years in custody awaiting trial! How can that be the result simply because a silly little jury found her not guilty of homicide?

To add insult to injury, the defense attorney lashed out at the media after the verdict, saying, ” I hope that this is a lesson to those of you having indulged in media assassination for three years, bias, prejudice and incompetent talking heads saying what would be and how to be”.

Many believe that this criticism was aimed toward legal scholars like Nancy Grace in her television show.

Incidently, do you remember the last time there was a public outcry over a finding of “gulity“? How about the first time? Can you even think of more than one instance when that occurred?:

Attorney Sam’s Take On The Assumption Of Guilt

“Sam, weren’t you going to continue writing about Whitey Bulger and prosecutorial advantage in the courtroom today? Is there some connection between the cases, other than Whitey’s being arraigned in federal court today for alleged Massachusetts murders, about which we are unaware?”

There sure is. Those two cases and just about any other criminal matter.
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July 5, 2011

South Boston’s Whitey Bulger Faces Homicide Charges And FliesThe Unfriendly Skies

by Samuel Goldberg

You know, when addressing to things like the long-sought capture of alleged mob kingpin Whitey Bulger, one really has to laugh sometimes at what captures the media’s attention.

As you may recall, last week was a big one for Whitey (hereinafter, the “Defendant”), He had just been captured after evading various state and federal law enforcement agencies, and their outstanding warrants, for years. The Defendant was wanted for a host of crimes including various Massachusetts murders, federal white collar crimes and…well, you name it. He was apprehended out of state with his his wife, Catherine Elizabeth Greig, a great deal of money and, allegedly, a substantial collection of firearms. He was brought back to South Boston’s federal court, where two significant legal issues quickly presented themselves.

The first issue was that of counsel. We discussed it a couple of times in this blog last week, but, suffice to say, the Defendant took the position that, since the government had taken all his money upon his capture, he could not afford his own experienced criminal defense attorney. The government sought to break new legal ground by weighing into the issue, claiming that publically funded counsel should not be provided because law enforcement believed that the Defendant had other access to money…such as his family and friends.

Prosecutors also claimed that the Defendant must have money hidden elsewhere and so he should use that. What they did not mention of course, was that they were hoping the Defendant would disclose said alleged funds so that they could grab that money as well.

And so it was that the court scheduled hearings on that mind-bending legal conundrum and a temporary attorney (hereinafter, “Substitute Counsel” was appointed in the meantime. Said attorney would deal with the issue of counsel as well as the new motion brought forth by the government. The new motion was to dismiss the earlier charges against the Defendant (the ones that allegedly sent him fleeing the Commonwealth in the first place) and simply go forward on the later indictments which included several charges of murder.

Well, the week brought us two days of hearings for the Defendant. As for the dismissal, the government won. This was really no surprise, as we will get to tomorrow. The Defendant, however, did get his court appointed attorney. Frankly, he hit the legal jackpot in doing so, receiving the aid of Attorney J. W. Carney, Jr., an attorney with whom I am acquainted and respect greatly.

The funny part is that of the various issues which have been, and will be, involved in the Defendant’s prosecution, none seemed to be the issue which primarily concerned everyone as the week came to a close. Instead, it was the issue of transportation which seemed to be the main concern.

You see, at the request of the United States Marshals, the Defendant got a free helicopter ride.

To bring him to court from his holding cell, the Defendant was brought on board a US Coast Guard Jayhawk MH-60 helicopter and then driven in a convoy to US District Court in South Boston for his Wednesday hearings. He was then flown back to jail on the Coast Guard chopper.

Various people were enraged. Family members of those allegedly killed by the Defendant complained that they had never had such a helicopter ride. Of course, presumably, they had never spent such time in chains as the Defendant is, either.

Indeed, radio talk show hosts, closely monitoring these critical issues opined at the costs associated, and so charged to the public, were in the high thousands of dollars. The last word on the number is that the Coast Guard and US Marshals are claiming that the transport cost only $1,500.

Even politicians weighed in on this seemingly critical matter. United States Senator Scott Brown, for example, wrote a letter to the head of the US Marshals Service, pointing to the Defendant’s helicopter ride and the marshals’ use of a “private luxury jet’ to bring him back from California, where he was arrested last week. “I agreed with U.S. Attorney Carmen Ortiz when she said Whitey Bulger would be ‘treated like every other defendant.’ So far, that does not seem to be the case,” he wrote.

Maybe they should have just made him walk the many miles like in the good old days, pulled by horses should he slow down.

Attorney Sam’s Take On Courthouse Security, Surviving Court And Money

Before you imagine the Defendant sitting in his window seat, happily enjoying his helicopter ride as officials point out sites of interest as he licks his ice cream cone and holds a balloon in his other free hand, you may want to venture back to reality.
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June 29, 2011

A Boston Criminal lawyer Watches Whitey Bulger Case’s Initial Theatrics

by Samuel Goldberg

IF you thought you heard me weighing in on wbz radio yesterday about my last blog’s subjected matter…you were right.

All afternoon long!

Somehow, issues like the right to counsel is important to me. No matter what we think of a particular criminal defendant.

And this defendant, although fascinating, is not very well-loved.

The orange jump-suited Whitey Bulger (hereinafter, the “Defendant”) was brought once again to Boston’s federal court yesterday afternoon via an escort that one would expect would be reserved for a comic book super villain, or at least the late Osama Bin Laden. With security in and around the building, the Defendant found himself surrounded by familiar faces.

There was, for example, the Donahue family…wife and son of one of the Defendant’s alleged victims. They are vowing to attend as many of the proceedings as possible.

Also, there was the so-called “provisional attorney” who has been appointed to represent the Defendant until someone else, private or court-appointed, takes over.

Also, a small bevy of lawyers were there…waiting in the wings to potentially become associated with this high-publicity criminal matter.

One person we know was not there.

That would be Brother Billy. Perhaps that had something to do with the fact that the government is trying to dip into his pockets to find monies that may arguably belong to the Defendant.

Earlier, federal prosecutors had moved to drop the 1994 racketeering indictment against Bulger in order, so they said, to focus on the later indictment that charged the Defendant for other crimes…such as 19 Massachusetts homicides.

In its papers, U.S. Attorney Carmen Ortiz said that prosecutors consider the later 1999 indictment charging the Defendant with 19 murders to be the stronger case.

This is true. The Defendant faces life in prison, or death, on those charges. Further, even if the court were to forget that the Defendant had been “on the lam” for so long, it would not likely grant any chance of bail in the homicide cases.

This move brings a new wrinkle to the genesis of what already promises to be a long drawn out legal drama. You see, the Defendant has to decide whether to accept the dismissal or still try to force the government’s hand to prove him guilty.

What the government’s motion did do was to postpone the decision on whether the Defendant will receive court appointed counsel. As you may recall from Monday’s blog, the Defendant is saying that, without access to the monies that the government has already taken from him, he cannot afford to hire counsel.

The government is basically setting precedent by weighing in on the subject, arguing that there are other means by which the Defendant can procure counsel.

And so, aside from all expectations of an afternoon of legal action…nothing really got done. Instead, a new time-table was set by the court which is now to play out (at the moment, at least) this week.

Attorney Sam’s Take On Prosecutorial Investigations And Even Playing Fields

In the criminal justice system, whether it be state or federal, we like to fantasize that both sides have equal footing.
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June 27, 2011

South Boston’s Whitey Bulger Needs Experienced Massachusetts Criminal Defense Attorney

by Samuel Goldberg

In case you missed it, James “Whitey” Bulger (hereinafter, “Whitey”), the long-sought reputed mob boss of Boston, was arrested and brought back home last week. Home for Whitey was South Boston. Standing there now, of course, is Boston’s Federal Court…which promises to house a great deal of the rest of his life. He is now in his 80’s and charged with many federal crimes.

Whitey’s arrest was difficult to miss last week. What was easy to miss, I suppose, were nasty words like “alleged” when discussing his past. Leave it to a die-hard experienced criminal defense attorney like me to notice. I can be a bother that way.

Anyway, Whitey’s history, whatever the actual truth turns out to be, is , and will continue to be, fodder for a host of blogs like this one. In fact, I can see focusing on his story(ies) all week this week. We’ll see.

Leave it to Whitey, though, he returned throwing the government for a loop right off.

You see, Whitey is believedto have access to all kinds of money. He was also arrested in possession of a great deal of money. The government, of course, believes that this money must be ill-gotten gains and so contends that he should not have access to it. Indeed, in these types of cases, monies are routinely seized by the prosecution as they bring an action for forfeiture of the funds.

A criminal defendant in this country, particularly when facing the possibility of incarceration, has the right to an attorney. We treasure this right so highly that, if a defendant is found to be indigent, unable to afford his/her own lawyer, one is provided. When this topic came up last week during one of two hearings for Whitey, he indicated that the only way he could afford his own attorney was if the government gave him access to the money they seized.

The government objected, claiming that Whitey had access to other funds and that the monies seized were to be forfeited.

The court appointed a temporary lawyer and US District Court Chief Judge Mark L. Wolf has now Ordered said temporary lawyer and federal prosecutors to try to reach an agreement about whether Whitey is entitled to a public defender by the end of the day today.

Both sides are expected to file memoranda and affidavits concerning Whitey’s finances. A hearing is scheduled on the subject on Wednesday.

Whitey’s longtime companion, Catherine Greig, who has been charged with harboring a fugitive, has also requested a public defender.

That matter is also expected to be addressed in court this week as well.

Attorney Sam’s Take On The Right To Counsel And Presumption Of Innocence

The issue of whether or not a criminal defendant gets a court-appointed lawyer is an issue between the court and the defendant. Generally, the prosecution has no standing to address the issue.
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June 21, 2011

Waltham City Councilman And Police Officer Face Allegations Of Threats

by Samuel Goldberg

I have often told you that the days in which the only people who have to worry about getting investigated or charged with wrongdoing was one of “Them” are long over. Them would be the “typical” criminal-type who spends his or her life engaging in criminal activity. Clearly, these are people who know upon each waking day that the day’s activities may well end with them in government custody.

I don’t think that Paul Brasco, president of the Waltham City Council, and Paul Tracey, a Waltham police officer, (collectively, the “Accused”) expected that they would suddenly find themselves subjects of an internal affairs investigation. Further, they probably never expected that said investigation would result in a request to the United States Attorney’s Office to look into bringing federal charges against them.

Yet, that is what has happened.

A tenant of Mr. Basco’s, 33-year-old Edgar Gonzalez, 33, (hereinafter, the “Tenant”) says that the Accused improperly threatened him with deportation during a visit back in February. As a result, he says that his civil rights were violated. The resulting investigations have found against the Accused. The Tenant is now asking the US Attorney to take action.

Brasco tells a sharply different story, saying that Gonzalez has no lease and is squatting on his property and that at no time did he and the officer threaten Tenant with deportation. He did, he says, only warn that he would be served with a notice of eviction within 24 hours.
Officer Tracey, may face disciplinary action after the internal investigation found he appears to have violated department policy by accompanying Brasco.

Tenant said through an interpreter yesterday that he had stopped paying rent because of malfunctioning lighting and heating in the apartment. He said that he is Guatemalan and that he has lived in Waltham for 18 years, but he declined to comment on whether he is a legal resident.

Brasco said he called Tracey because the officer is his neighbor and friend. Brasco said it was late in the evening, and he wanted to find out who was on his property so he could follow through with eviction proceedings. When his property management company could not send someone with him to the apartment, Brasco said, he asked Tracey, who was on duty, to meet him there.

Attorney Sam’s Take On Criminal Allegations And Free Speech

First of all, before you indulge your Constitutional Right to free speech argument, understand that your speech is not quite so free.
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June 16, 2011

Dorchester Domestic Violence Call Turns To Multiple Shooting And Arrest

by Samuel Goldberg

Do you still wonder why Massachusetts law enforcement come in with a strong need to maintain control of a situation when dealing with a Boston domestic violence call? Maybe today’s blog will convince you.

Meet Boston police officer Shawn Marando, hereinafter, the “Officer”, 13-year veteran and an officer who teaches women how to defend themselves . Earlier this week, he was about to finish his overnight shift when a call came in from a Dorchester woman who said that her boyfriend had assaulted and threatened to kill her. The Officer went to answer the call.

Minutes later, the Officer, and two other officers, arrived at the scene to find said boyfriend, 25-year-old Tyrone Cummings (hereinafter, the “Defendant”) and a the caller’s sister. According to the Commonwealth, the Defendant reacted by firing a gun at the Officer, striking him in the calf.

So much for retaining control of the situation.

The Officer and another officer fired back, hitting the Defendant several times in the chest. The sister was hit in the leg.

Believe it or not, all were expected to survive.

“As this incident demonstrates, there is no such thing as a routine call,” Police Commissioner Edward F. Davis said. “It’s clearly our worst-case scenario.”

This marks the third time since November that a Massachusetts officer has been shot in the line of duty.

Attorney Sam’s Take On Massachusetts Shootings, Domestic Violence And Police Response

So…did the police over-react by firing back so much? After all, the Defendant was hit a number of times in the chest, which one would have expected to kill him. Not only that, but the sister, assumedly an innocent bystander, was also hit.
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June 14, 2011

Brockton Man Held Without Bail For Accidently Shooting And Killing Innocent Churchgoer

by Samuel Goldberg

It is the fifth Brockton homicide this year so far.

19-year-old Brockton resident Frank J. Webb (hereinafter, the “Defendant”) is learning that “accidents happen” is not a defense in murder cases.

Particularly when said alleged accident takes place while one is breaking the law anyway. When Massachusetts weapons are involved, the Commonwealth is particularly unforgiving.

The Defendant is said to have gotten into a fight with another individual in Brockton this weekend. During said altercation, he is believed to have fired a handgun wildly in the middle of Main Street. The Commonwealth says that, while doing so, he fatally wounded a 51-year-old woman who was walking home from church.

He has been charged with the charges of murder and Massachusetts’ assault and battery with a dangerous weapon. Police allegedly recovered a .45-caliber handgun at the scene.

During the Brockton bail hearing, the Defendant’s attorney argued that his client had been living with his parents, working for a cutlery business, and studying at Massasoit Community College to get his GED. He also represented that his client had no convictions on his record. The prosecutor, however, pointed out that the Defendant had two open drug cases in the district court.

Attorney Sam’s Take On Murder And Bail Conditions

“Sam, yesterday you wrote about how bad it is for a lawyer to seem fake and that his/her credibility is important. I guess this lawyer has already blown his, right?”
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