Massachusetts Criminal Defense Attorney Blog

According to the Metrowest Daily News two men were arrested Sunday in Framingham, Massachusetts and charged with Rape. One of the men, Oscar Irigoyen is an adult who resides in Florida. The other is sixteen years old. He is currently being charged as a juvenile and as a consequence his name has not been released. The report states that on Sunday police were called to an apartment around 6:30 p.m. Nearly one hour after they arrived they arrested Irigoyen and the unnamed juvenile. Irigoyen has been charged with Rape by Force, Indecent Assault and Battery, Possession of a Dangerous Weapon, Intimidation, of a Witness and Being a Minor in Possession of Alcohol. It is alleged that there are two victims, one of whom is a minor. Apparently one of the victims wanted to leave the apartment earlier in the evening but stayed when the other refused to leave. The district attorney is looking to detain Irigoyen on Dangerousness grounds. The case will likely be prosecuted in the Middlesex Superior Court in Woburn, Massachusetts.

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Two Charged With Rape, Related Sex Crimes In Framingham Court

This article leaves much information blank that a Framingham, Massachusetts Rape Defense Lawyer would need to know in order to start preparing a defense of this case. What specifically happened at that apartment. Did any neighbors hear any noises, screams or see anything that would corroborate the complainants allegations. Why did it take the police nearly an hour to arrest the defendants. Is there any physical evidence that supports the complaints. What if anything did the defendants say. Why did one of the complainants want to leave while the other wanted to stay. Rape Cases in Massachusetts can be difficult for district attorneys to prove. Many times it is the word of one person against the word of another and absent strong evidence corroborating the complainants story the chances of acquittal are strong.

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Ryan Caverly is thirty one years old. He currently lives in Lynnfield, Massachusetts. He and twenty five year old Vincent Migliore of Everett were arrested on Monday. Both were charged with Trafficking Oxycodone Over 14 Grams, Trafficking Oxycodone Over 28 Grams and Conspiracy to Violate the Massachusetts Drug Laws. Adriana D'Alleva was also arrested on drug charges and charged with Trafficking Oxycontins. The district attorney is alleging that the defendants sold eight hundred oxycodone pills and one hundred ecstasy pills over the past few months to undercover police officers. Caverly is being held on five hundred thousand dollars cash bail, Migliore on two hundred fifty thousand dollars and D'Alleva on ten thousand dollars. It appears that the investigation might have started when Migliore was found in possession of eighty five thousand dollars at an Amtrak station in Chicago. During Caverly's arrest police found thirty two thousand dollars cash, some drugs and drug paraphernalia. Migliore was found in possession of three hundred ninety nine oxycodone tablets at the time of his arrest. Right now the cases are pendint in the Peabody District Court however it is expected that the prosecution will take place in the Essex County Superior Court in Salem.

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Three From Massachusetts Charged With Trafficking Oxycontins

The facts of this article suggest that at least in Caverly and Migliore's cases a Massachusetts Criminal Defense Lawyer will be looking closely at Search and Seizure issues. What prompted the investigation in the first place? Was it the seizure from Migliore in Chicago and if so, why did law enforcement seek him out? Was this a coincidental stop or did they have information suggesting that he was involved in illicit drug trafficking activity? The next question is how did that lead them to Caverly? Was he an active conspirator? And what is D'Alleva's role in all of this? If the police investigation was questionable at any level motions to suppress will be filed. If successful these can result is exclusion of drug evidence at trial and possibly a dismissal of the case. It also seems strange that this case is being prosecuted in state court rather than in Federal Court particularly given what appears to be an active role of federal law enforcement in this investigation. Cases that have weaknesses from the prosecution's viewpoint are rarely prosecuted in the Federal Courts. Perhaps this is good news for Caverly, Migliore and D'Alleva.

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Boston.com reported yesterday that the Massachusetts Attorney General's Office indicted six people in what has been called an "elaborate" Mortgage Fraud Scheme. Charged in this case are Joshua Brown of Brockton, Massachusetts, Linda Defeo of Springfield, Bruce Namenson of Walpole and Brian Arrington of Boston. The Defendants from out of state are Brian Frank of New Hartford, New York and John Sweetland of Yorba Linda, California. Brown, Frank and Sweetland have been identified as real estate investors who fraudulently obtained loans from which they profited to the tune of two million dollars. Defeo and Arrington are mortgage brokers who submitted false loan applications to secure financing. Namenson is a former attorney whose role in the conspiracy centered on falsifying closing documents. The case is being prosecuted in the Suffolk Superior Court. Larceny Over $250 is a count common to all defendants. There are an aggregate two hundred forty one counts of this crime in this case.

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Mortgage Fraud Indictments Brought In Boston Against 6

Crimes like this are often difficult for prosecutors to prove absent some sort of cooperation from one or more of the conspirators. Without that assistance these cases are proved through paper trails that are typically voluminous and tough for juries to follow. These trials can be lengthy, tedious and costly. For this reason, many of these cases are resolved through plea bargaining and if restitution is made there are many instances where the "lower level" conspirators resolve their cases without jail time provided they can make restitution.

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Erick Garcia's former girlfriend went to the police station last Thursday around 3:00 in the afternoon claiming that Garcia had committed several crimes against her including, Assault and Battery, Kidnapping, Stalking and Assault With a Dangerous Weapon after refusing to accept the couple's breakup. The woman reported that Garcia drove up to her, and dragged her into his car at knifepoint. Garcia further threatened that if he ever found her with another man he would kill both of them. He then stabbed her car seat with the knife and threatened to kill her daughter. It is alleged that some of the Threats were made by text message. Garcia is being held without bail pending a Dangerousness Hearing. The Massachusetts man now stands charged with those crimes in the Framingham District Court.

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Domestic Violence Charges Issue Against Framingham, Massachusetts Man Unable To Accept Breakup

Crimes involving Domestic Violence in Massachusetts are taken very seriously. Many of the crimes with which Garcia has been charged are felonies. There is a good chance that this case will be prosecuted in the Superior Court. Almost any time allegations such as this are made judges tend to hold the defendant without bail and schedule a dangerousness hearing at the request of the district attorney. It is critical that people charged with crimes involving these types of charges Hire an Experienced Massachusetts Domestic Violence Defense Lawyer. Getting the right lawyer can help you get released with a bail or possibly on personal recognizance. It is equally important to hire a lawyer who has successfully defended cases like these.

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The Quincy Patriot Ledger reports that Adnan K. El-Amine has been charged with three counts of Indecent Assault and Battery and one count of Assault and Battery from an attacked that is alleged to have occurred two years ago. Authorities claim that the Sexual Assault occurred on December 1, 2007 in Duxbury, Massachusetts. The case is being prosecuted in the Plymouth District Court. El-Amine was released on his own recognizance.

Any Massachusetts Criminal Attorney will immediately ask why it took two years for the criminal complaint to issue. Is the delay the responsibility of the police, the district or the alleged victim. Most likely the alleged victim waivered on whether or not make a complaint. If that is the case then this person's credibility will certainly be impacted at trial. Keep in mind, these are very serious charges. An Indecent Assault and Battery in Massachusetts is a felony in accordance with Massachusetts General Laws Chapter 265 Section 13H. Jurisdiction lies in both the district court and the superior court however if convicted in the district court the maximum sentence that can be imposed is two and one half years in the House of Correction. People convicted of this crime face consequences of registration before the Massachusetts Sex Offender Board. So I would think that given the severity of these charges a complaint would have issued shortly after the alleged acts occurred.

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According to the Brockton Enterprise a forty three pound package of Marijuana was shipped from the Midwest to a home in Pembroke, Massachusetts addressed to "Pembroke Little League". There, Anthony Merlino of Falmouth, Massachusetts took possession of the package and loaded it into a truck. Police officers aware of the situation were surveilling the area. When Merlino loaded the package he was arrested. He now stands charged with Possession With Intent to Distribute Marijuana. The case is currently being prosecuted in the Plymouth District Court. Police provided little comment on the event suggesting that their investigation was still pending.

At first glance most Plymouth County Drug Crimes Defense Lawyers would suspect that this case implicates Search and Seizure issues. Here are some questions that immediately come to mind. Why was that location under surveillance? Obviously the police were tipped off to the possible existence of Drug Crime activity at that address. How reliable was the person who provided the information on which they were relying? In order to survive constitutional scrutiny and a Motion to Suppress the district attorney is going to have to show that the informant was reliable or that the information he provided was sufficiently corroborated to enable them to arrest Merlino. What do the police reports say about the duration of the investigation and the information adduced from the investigation? As a Massachusetts Criminal Defense Lawyer Who Handles Drug Cases I love the challenges cases like this bring. Please visit our Case Results page to see examples of some of the cases we have successfully defended.

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According to the Lowell Sun Angel Escalera of Lowell, Massachusetts was in a fight with his girlfriend on Saturday morning. The police were advised that a Domestic Dispute was in progress and they responded to find Escalera and his girlfriend in a verbal argument. Apparently the two were fighting over the fact that a male had called the victim earlier. As the police investigated the victim told them that Escalera threw a cup of hot coffee on her neck and back. The woman's shirt was wet and there were red marks on her neck consistent with minor burns. The victim refused medical treatment. The defendant was released on personal recognizance after being arraigned on charges of Assault and Battery by Means of a Dangerous Weapon. The case will be prosecuted in the Lowell District Court.

An Experienced Lowell Massachusetts Criminal Defense Lawyer could very well get a great result for Mr. Escalera. Many times these cases get dismissed due to the reluctance of the victims to go forward and testify at trial. If the parties reconcile their differences the victims often have a tendency to be uncooperative with the district attorney. Even if the victim is cooperative these cases can be continued without a finding particularly if the defendant has no criminal record. Lawyers in Massachusetts who Defend Domestic Violence Cases know what cases should be tried, what cases will be tried and which ones should be resolved short of trial. They will also know which cases are likely to get dismissed. It is important that you hire the right lawyer to ensure that your rights are protected.

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The Lawrence Eagle Tribune reported today that Paul Arlit of Lawrence, Massachusetts has been charged with Rape of a Child under the age of sixteen. Apparently the case came to light when a therapist told the police about a Sexual Assault involving Arlit and a fourteen year old girl. The assault is said to have occurred several weeks ago. It is alleged that Arlit and the girl were in his basement where he touched her inappropriately and asked her to perform a sex act. The police report suggested that Arlit admitted to having committed some criminal activity of a sexual nature involving the girl and to having smoked Marijuana with her. Bail has been set at five thousand dollars cash.

The article fails to specify whether or not the charge is Rape of a Child With Force or simply Rape of a Child. The latter version of this crime is also known as Statutory Rape. Both Rape and Statutory Rape in Massachusetts carry potential life sentences. These cases are felonies and they are prosecuted in the Superior Courts. As a Lawrence, Massachusetts Rape Defense Lawyer in this case I would like to know who made the disclosures to the therapist and in what context the statements were made. The rules of evidence have different applications when the victim made the statements or the defendant makes the disclosure. Excluding these statements often makes successfully defending the case before a jury easier.

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Krysty Sampson of Abington, Massachusetts was awakened Thursday morning by a man standing at the foot of her bed, carrying a knife and demanding money. Apparently Ms. Sampson chased the intruder from her home and down the street. A neighbor witnessed these events and called the police. Ms. Sampson's yell for help during the incident alerted the neighbor to the problem. Police officers responded and noticed a strong odor of marijuana coming from the basement. They investigated and found growing equipment and eighty three marijuana plants. Ms. Sampson's husband was not home at the time however both have been charged with Cultivating Marijuana. The case is being prosecuted in the Brockton District Court.

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Possible Possession With Intent To Distribute Marijuana Charges Loom Over Abington Home Invasion Victim

Cultivating Marijuana in Massachusetts is a crime in accordance with Massachusetts General Laws Chapter 94C Section 32C. The law states that anyone found guilty of this crime can be sentenced for up to two years in the house of correction. This crime is a Misdemeanor in Massachusetts meaning that the punishment for the crime itself does not include a state prison option. A Massachusetts Criminal Defense Lawyer with Experience in Brockton Courts might be able to get this case continued without a finding, particularly if the defendants do not have criminal records.

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Angel Marmol of Lawrence, Massachusetts is accused of posing as a lawyer and taking money from clients. He promised them he would file their divorce paperwork. Marmol volunteered at the Greater Lawrence Community Action Center. One of its employees reported Marmol's actions to the police after learing that several clients who he met at the agency had complained that he had never filed their paperwork. Marmol was charged with Larceny by Scheme. The total value of the larceny right now stands at over one thousand four hundred dollars. The case will be prosecuted in the Lawrence District Court.

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Massachusetts Man Who Fraudulently Holds Himself Out As A Lawyer Charged With Larceny

Larceny by scheme is defined as a series of thefts set in motion by a single criminal intent such that all such takings constitute one single act of larceny. In other words, the district attorney can aggregate the sum of all the thefts so that the total amount rises to the threshhold that makes this crime a felony. So what exactly will happen to Marmol? Assuming Marmol hires a Criminal Defense Lawyer Who Handles Cases in Lawrence, Massachusetts and there are no additional victims the case might be continued without a finding. I would imagine that a condition of this disposition will require Marmol to pay full restitution to the victims. Larceny by Scheme is a Felony in Massachusetts.

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Nelson Nunez of Lynn, Massachusetts is currently being held in the Essex County Jail in Middleton on a cash bail of twenty thousand dollars. Nunez has been charged with Indecent Assault and Battery, Assault With a Dangerous Weapon and Assault With the Intent to Commit Rape. According to reports, on August 22, 2009 Nunez tried to rape his forty three year old girlfriend as he took off her clothes at knifepoint. The victim fought with Nunez and ran away calling for help after she freed herself. At that time the two had been in a relationship for over one year. Police stated that when they came into contact with the woman she had red marks and bruising around her neck. These cases are Felonies in Massachusetts.

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$20,000.00 Bail For Lynn Man Who Tried To Rape Girlfriend

In cases like this the fact that Nunez and the woman had a longstanding relationship often becomes a critical aspect of the defense. If they had a consensual sexual relationship a Massachusetts Rape Defense Lawyer might want to know what purpose would brandishing the knife serve. Was there truly an attack or was the report fabricated as a result of some dispute between the parties and the woman's efforts to gain control of sorts in the relationship. What were the marks on the woman, if any consistent with. What statements has the woman made since the act that may suggest she is not being truthful. A thorough investigation is often the springboard for a successful defense. Defending Rape Cases in Massachusetts requires the expertise of an Experienced Criminal Defense Lawyer who has defended Sexual Assault Crimes and one who knows how to investigate such allegations.

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Last Friday the Massachusetts Supreme Judicial Court reversed a conviction for Attempted Rape of a Child. The facts of the case, Commonwealth v. Kerry Van Bell are as summarized as follows:

The defendant was the target of a sting investigation. An undercover police officer posed as a prostitute offering her foster child for sexual services to Van Bell. The officer called the defendant. The two agreed to meet. The officer was supposed to bring with her the child. The meeting transpired at a convenience store. No child was present. The officer asked for some money. The defendant refused to pay without seeing the child. Detailed negotiations followed. The office gave the child's location and a fee of two hundred dollars was negotiated. Backup officers were then contacted and the defendant was arrested as he was driving out of the parking lot of the convenience store. Van Bell admitted to police that he had negotiated to have sex with a five year old girl. He was convicted of several crimes, one of which was Attempted Rape of a Child.

Van Bell appealed his conviction to the Massachusetts Supreme Judicial Court. The conviction was reversed. The Court held that the prosecution failed to present sufficient evidence to show the Van Bell engaged in an "overt act", an element of the Crime of Attempt in Massachusetts. To be convicted of an Attempt in Massachusetts the prosecution must prove beyond a reasonable doubt 1) specific intent, 2) an overt act and 3) nonachievement of the crime. An overt act must "come near enough to the accomplishment of the substantive offence to be punishable." In this case the overt act was not legally established by the district attorney. Here is some of the reasoning. The defendant had never seen the child. He did not know the exact location of the child. He never followed the officer to the child's location and he never paid for the services. To satisfy this aspect of the statute there is a need to prove that the defendant was very near to the actual commission of the crime.

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Just before Thanksgiving Massachusetts Police set up a sobriety checkpoint in North Andover, Massachusetts. According to many reports Kenneth Howe, a forty five year old father of three was a passenger in a car being driven by a friend. The car was pulled over at the sobriety checkpoint. Howe might have had a marijuana cigarette in his possession that he was trying to extinguish. When asked to get out of the car he jumped out of a window, supposedly struck an officer and attempted to run away. He was quickly apprehended. Other reports suggest that Howe was dragged out of the car by a female trooper who claimed that Howe had assaulted her. A friend of Howe's who was present at the time stated that up to twenty police officers descended on Howe. The lawyer for Howe's family, Frances King commented that the "police acted like savage beasts" and that a witness overheard officers stating it was a "good thing we had flashlights". Howe was taken to the police barracks in Andover where he collapsed during booking. He was taken to the Lawrence General Hospital where he was pronounced dead.

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Massachusetts Man Dies After Struggle At Sobriety Checkpoint

Almost every time I have a client who has been charged with Assault and Battery on a Police Officer the client comes into my office looking pretty beat up. There is no secret in Massachusetts Criminal Legal circles that this charge is filed anytime the police get overly aggressive with a suspect. Defense attorneys, judges and prosecutors know this and often the result of the case; i.e. a dismissal of this charge reflects this sentiment. The best thing defense attorneys can do in a case like this is go to the crime scene and look around for surveillance cameras. Post 9-11 many businesses and government structures such as schools, highways, bridges and even police vehicles have installed videotaping equipment to monitor suspicious activity. In this case, if there is video evidence of this incident I have no doubt that Attorney King will find it. She is an excellent attorney who knows firsthand how law enforcement officers operate.

I am more curious to see how the Essex County District Attorney's Office handles this case. If Attorney King's witnesses' account of this event is accurate, what will Mr. Blodgett do? Twenty or even ten police officers beating a man to death at a sobriety checkpoint is nothing short of murder. How can these actions be justified? How injured was the female trooper? Did she go to the hospital? The law on self-defense in Massachusetts is clear. You can use no more force than is necessary to defend yourself. Was it necessary to use force sufficient to kill Howe? And would it not make more sense for an independent agency to investigate this case? After all, Mr. Blodgett's office prosecutes cases that many of these officers have investigated. If ten or twenty civilians went to the aid of a female friend or colleague who claimed to have been struck by a stranger and beat him to death you can be assured that Mr. Blogdett would respond with indictments. One thing you can be sure of. If Jonathan Blodgett does not properly investigate this case, Frances King will.

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The Lawrence Eagle Tribune yesterday reported that at midnight this past Sunday Methuen Police responded to a call from a witness who witnessed a heated argument between two men and a woman in a parking lot near Lawrence, Massachusetts. The police observed two men driving away from that area and a woman walking next to the car they were in. The police approached the car and the men ran off. Supposedly the passenger, Andrew Howard of Haverhill began fighting with the pursuing officers. He was tased. The driver, Richard Farrell of Methuen complained that he was sick and was taken to a local hospital. When he got there he fled. Inside the car the police found over a pound of marijuana and ten thousand dollars cash. Both men have been charged with Possession With the Intent to Distribute Marijuana. Howard faces the additional charges of Assault and Battery on a Police Officer, Resisting Arrest, Threatening to Commit a Crime and Illegal Wiretapping due to his recording the event on his cell phone. The woman was not arrested or charged.

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Drug Charges For Two Massachusetts Men Who Ran From Police After Stop

Defense attorneys should have a great time with this case. How is it that prosecutors can attribute the marijuana to both of these defendants and not the girl? What evidence is there that either or both knew about the marijuana that was supposedly hidden in the car? How was Howard able to flee the scene, fight with the officers, get tased, resist arrest and record the entire incident? What evidence does the district attorney have to show that Howard or Farrell had the requisite intent or even knowledge under Massachusetts law to satisfy their burden of "intent to distribute"? Experienced Drug Defense Lawyers in Massachusetts have a tremendous amount of material with which to fight this case provided the article is accurate and sufficiently detailed. I would expect to see motions to dismiss or suppress or possibly both filed in this case. I can see certain scenarios wherein either or both defendants can win this case or walk out without a criminal record.

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Alan Greco is sixty two years old. The Massachusetts resident was convicted of several counts of Possession of Child Pornography yesterday in the Newburyport District Court. According to reports Greco was receiving Child Pornography in the mail from a distributor located in California. A database found in the distribution center listed Greco as a customer who had ordered several movies. Greco was arrested when an undercover official posing as a postal worker delivered Child Porn to Greco at his home. The defendant's home was searched after his arrest. Several hundred videos depicting acts of child pornography were found in his home. Grecon denied having sex with minors. As part of his sentence Greco will be on probation after his release, must register as a sex offender and undergo treatment and counseling.

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Child Pornography Charges Land Massachusetts Man In Jail

Possession of Child Porn in Massachusetts is a felony in accordance with Massachusetts General Laws Chapter 272 Section 29C. The district attorney can prosecute this case in either the district court or the superior court. As with any district court felony case there is a maximum two and one half year house of correction that can be imposed. In the superior court these charges can result in a five year state prison sentence. The imposition of jail time for first offenders in child porn possession cases is considered a high sentence by many. Often times convictions for this offense result in probation. Sex Offender Registry Board consequences are inevitable regardless of the sentence.

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Manson Brown was serving a seven to ten year sentence at the Old Colony Correctional Facility in Bridgewater, Massachusetts. He was scheduled to be paroled in 2012. This past Friday Brown escaped from the prison sometime in the early evening hours, just after dark. In 2005 Brown was convicted of home invasion and robbery. However he was recently indicted on rape charges in the Middlesex Superior Court in Woburn stemming from a 1996 attack in Cambridge. Brown last lived in the Mattapan section of Boston. Reports from the Plymouth County Sheriff's Office suggest that Brown may have escaped during a cigarette break. Other sources state that the escape was from the kitchen.

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Man Facing Rape Charges In Massachusetts Escaped From Prison

The crime of Escape in Massachusetts is a felony in accordance with Massachusetts General Laws Chapter 268 Section 16. A conviction for this crime is punishable by up to ten years in state prison. This however seems to be the least of Mr. Brown's problems. It is believed that Brown's escape attempt was motivated by the recent rape and home invasion indictment. Local media outlets have suggested that DNA testing linked Brown to the thirteen year old rape. A conviction for Home Invasion in Massachusetts carries a minimum mandatory twenty year state prison sentence. If convicted of this crime alone Brown would not be paroled until he was in his mid 70's.

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