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Over the past year, Massachusetts motor vehicle laws have changed a bit. For example, we now have a law against texting while driving.

Apparently, our neighbor to the south, Rhode Island, would like to take anti-text laws a step further. In fact, the legislatvie battle is on to create a new juvenile offense.

Why?

It is the South Hadley to Boston bullying frenzy all over again.

Last night, I was on Fox25 interviewed on this subject and, once again, the subject touched upon the typical legislative/prosecutorial dance…only this time in Rhode Island, not Massachusetts.

As you know, as our technology has grown, so have the ways it can be misused. When we invented the telephone, for example, we provided the opportunity for crank calls and obscene calls. Now, as it has become even easier to communicate at will, via phones that text, email and soon lord-only-knows-what-else, we present the opportunity for “sexting“.

It is important to note that sexting can be done via text…or photographs.

As you would imagine, sending child pornography over texts, as it is in email and regular mail, is illegal. Heck, just possessing it is illegal.

It is also independantly illegal to send such material to kids.

Of course, kids do not always understand the ramifications and adults are not always so great in warning them about it.

Similar to bullying.
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It was an incredible day yesterday. I went to various locations doing my thing and learned that, apparently, everybody had been reading the Boston Criminal Lawyer Blog and actually taking it to heart!

I should have known something was up when I went to drop off my son at school. Walking to my car, I noticed a fairly portly young man. He had been running, and I saw that his wallet had fallen from his pocket. He saw it. I saw it. So did the three athletic-types running behind him.

He nervously looked down at it, but one of the kids behind him got to it first.

I looked over to the side of the road. There, a police officer stood watching.

“Oh great!” I am already running late and now I am going to witness a Marblehead robbery !”

That did not happen, though. The largest kid picked up the wallet and handed it young Mr. Portly and said, “Hey, you dropped this.”

Mr. Portly thanked him, and they went on their different ways.

I stopped the kid who picked up the wallet and told him that was a nice thing to do. He looked at me somewhat confused and said, “But anything else could have been…well…bullying! That would be wrong!”

One of the other large boys ran over to the police officer to offer him a donut. The officer smiled and patted the boy on the head.

So, on I went to a Tewksbury probation violation hearing.
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Seventeen years ago, an unspeakable tragedy happened. It began with the disappearance of a 10-year-old-girl named Holly Piranien. It ended with news of a Sturbridge kidnapping and, apparently, a Brimfield murder. Holly had gone out to play with kittens while her family was on vacation. Her skeletal remains were found months later approximately 5 miles away from where she disappeared.

The Grafton family waited with hope as the criminal investigation began. First step was to find Holly. After they found what remained of the young girl, the search continued so as to find her killer.

The case was never solved.

Family, friends and law enforcement have not forgotten Holly, however. In fact, a billboard along Interstate 93 in Medford stands, asking for any clues that might be available at this late date.

“Justice needs to be served so this criminal does not strike again,” Carla Piranien Bourassa, Holly’s aunt said in a statement.
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How many times have I said it? “All it takes is one very bad day…or bad moment…or bad decision. Mattapan’s Edwin Depeize, a 63-year-old bus driver ( hereinafter, the “Defendant”) had one such moment yesterday morning.

According to reports, the Defendant, a school bus driver, was stopped by law enforcement so that he could be given a Dorchester traffic citation. Apparently, said citation incensed the Defendant. Perhaps he thought such a ticket was beneath him. This theory would make sense because he immediately did everything possible to up the ante.

Rather successfully, I might add.

First, the Defendant allegedly refused to hand over his license and registration. Next, he argued with the police officer who finally ended the “conversation” by telling the Defendant to drive along his merry way. The Defendant did not feel all that “merry”, and so he sped away instead.

Or tried to.
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It would appear that “kids’ media” is growing up. And the ball they are up at bat to strike is bullying. Massachusetts bullying, New York bullying and Everywhere, U.S.A. bullying.

The cable channel, Nickelodeon, is the most-watched television network among kids ages 2 to 14. Half of young people ages 14-24 said they had been the victim of cyberbullying, according to a survey conducted in late 2009 for The Associated Press and MTV.

The advice offered in one ad featuring Ashley Argota of “True Jackson, VP” and Gage Golightly of “The Troop”: Sign off the computer; don’t reply to a hostile messenger; block bullies from access; make a copy of the message to show to an adult you trust.

Apparently, the program also stresses the message that “It’s not tattle-telling…It’s standing up for yourself.”

The hope is that the anti-bullying effort can become as pervasive and successful as campaigns calling for a designated driver who has not consumed alcohol when friends are out drinking, said James Steyer, CEO and founder of Common Sense Media, about their national drunk driving campaign.

The program will begin an on-air public service campaign Monday featuring some of its stars offering advice on what young people should do when confronted with hostile texts, emails or Facebook posts. Miranda Cosgrove and Nathan Kress of Nick’s “ICarly” are also participating in the campaign, which will last for two years, said Marva Smalls, Nick’s executive vice president for public affairs.
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As Boston’s White Collar Crime Convicted Ex City Councilman Chuck Turner goes off anything-but- quietly into the federal sunset for three years, the state government’s sites now turn south.

Now, Gina Clark, the controversial founder of the defunct Cape Cod charity Touched by Angels is in the prosecutorial sites. A Barnstable County grand jury has indicted Ms. Clark (hereinafter, the “Defendant”) . She is charged with good old Massachusetts larceny, fraud, and associated charges, according to the Commonwealth.

The Commonwealth alleges that the Defendant stole tens of thousands of dollars from the charity, which was organized to provide financial help to families who had lost loved ones or who were dealing with medical problems.

“These families were targeted by this defendant and sought her help after going through truly traumatic circumstances, either losing a family member or dealing with serious medical conditions,” Attorney General Martha Coakley said in a statement. “By promising these victims financial support and then keeping the money for herself, we allege that this defendant stole tens of thousands of dollars from families in need.”
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Poor Louise Nelson! The 49-year-old Woburn woman (hereinafter, the “Defendant”) must have missed my approximately 450 blogs warning people about involuntary indoctrination into the “Hey, I Bet I Can Make This Situation Worse!” club.

You see, the Defendant apparently had a suspended Massachusetts driver’s license. One usually does not need to be a Boston Traffic Attorney to realize that it is a bad idea to be driving under such circumstances.

However, the Defendant was indeed driving according to law enforcement. They say that, at approximately 10 a.m. this morning, Woburn police contacted the state police after noticing that not only was the Defendant driving, but that her vehicle did not have any license plates. This too, as you may know, is a motor vehicle legal no-no. After the local police tried unsuccessfully to stop her, the Defendant had allegedly refused to stop and, instead, drove onto Route 128. There, state police tried to get her to pull over.

They, too, were apparently unsuccessful.
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These days, it seems that crimes are prosecuted based upon two things. The first, of course, is the criminal activity itself. Sometimes, however, the motivation behind the crime is an Aggravating factor that is almost a crime unto itself. Take, for example, the tale of Michael Jacques (hereinafter, the “Defendant”) The Defendant is being prosecuted for a Springfield Arson.

However, as the prosecutor announced at the beginning of the trial, “We are here today because of racism”. Indeed, the Defendant is not simply being prosecuted for arson, but also for the crime being a Massachusetts hate crime.

The trial, which has begun in federal court in Springfield, began this week. The Defendant, a known racist according to the prosecution, is accused of showing his disdain for the African-American community by torching a predominantly black church to protest the election of Barack Obama in November 2008 as the country’s first black president.

According to the prosecution, the Defendant confessed that he and two other men “burned the church because it was a black church.”
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Sometimes, the themes portrayed in graphic novels (the new name for comic books which sounds so much more impressive) very closely resemble those we see in daily life. Take, for example, the saga of the “Amazing Spider-man“. For those of you ignorant of his story, he was created years ago by Marvel Comics as the first “anti-hero”. While he donned a colorful costume and fought crime with his unique…talents…, he was considered a vigilante and criminal by many people. He was, and is, the misunderstood hero. As I tell most people that my clients are not guilty, merely misunderstood, I suppose I identify with Spidey.

We learn today that another misunderstood entity which is often ridiculed, insulted and feared is the “Brutal Winter Snowstorm“. According to the experts, while we were all complaining about its activities, it was actually fighting Massachusetts crime. In fact, according to law enforcement and other specialists, it did better than merely fight crime… it prevented crime.

Apparently, the total number of major crimes, such as Massachusetts murder, rape, and assault, fell 22 percent this year through March 13, compared with the same period last year. While Boston shootings (nonfatal) are down slightly, the need for burglary attorneys and other Massachusetts theft-related criminal attorneys, have dropped significantly.

“I think these statistics have something to do with the bad weather,” said Jack Levin, professor of sociology and criminology at Northeastern University. “To commit a stranger rape, or robbery or even burglary or vehicle theft, all are going to require, for the most part, going outside. Even criminals get cold.”
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On Friday, we began talking about the testimony of New Hampshire murder suspect Christopher Gribble (hereinafter, the “Defendant”) on direct examination. I told you that I would discuss his cross examination today. As I also told you, I am not expert on New Hampshire law. I must say, however, that this Boston murder defense attorney would not be too optimistic about this particular client going home this side of life.

As you will recall, or check Friday’s blog (ok, it got posted Saturday), the Defendant has admitted to killing a Mount Vernon woman and trying to kill her young daughter. However, his defense is that he was legally insane at the time and so cannot be held responsible.

It is not unusual for proverbial sparks to fly during cross-examination. In fact, it is usually what the cross-examiner is hoping for. The dirty little truth, and something about which I have reminded you from time to time, is that perception is what generally effects the jury most…not simply the evidence itself. Therefore, if the cross-examiner can get the witness angry and seemingly annoying or unfair, then it is good for the cross-examiner. Often, this is more important than the words actually spoken by the witness.

Of course, in this case, I don’t see either as being too helpful for the Defendant.
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