Massachusetts Criminal Defense Attorney Blog

Last year a Marblehead, Massachusetts man was arrested following a bizarre incident involving the improper use of Facebook. Apparently the forty one year old man and the woman knew one another. She claims that they were just friends. On one occasion while alone with the man the woman fell asleep. She eventually told him that she did not want to spend time with him anymore. He then opened a Facebook page using her name and personal information. He also posted pictures he had taken of her during their relationship. A friend told the woman about the Facebook page and the pictures. The police were called. Their investigation led them to the man. The investigation also suggested to them that the woman had been digitally raped. Charges of Rape, Photographing a Person in the Nude Without Consent, Indecent Assault and Battery and Identity Fraud have been filed. The case was indicted and is now pending in the Essex County Superior Court in Salem. The article goes on to say that the defendant has a dating profile on "Plenty of Fish". His profile boasts having sex in public and threesomes.

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Massachusetts Rape Case Defense Attorney

As would be the case with most Massachusetts Criminal Attorneys this case intrigues me. Not because of the actual charges but due to the timing of the accusations. It is clear that nothing came about in a criminal context during the pendency of the "relationship". Rather, once the Facebook page was posted the woman clearly became angered and felt victimized. Rightly so given that her pictures were posted on Facebook without her consent. Even according to the Salem News, the defendant's lawyer concedes this point. And yes, the charge of Identity Fraud seems viable and perhaps indefensible. The other charges are not as easily provable. The defendant will probably defend this case on the theory that all acts were consensual, including the photographing of the woman naked. It will be difficult for the prosecution to prove beyond a reasonable doubt that these acts were not consensual. First off, when were these pictures taken? The woman is going to say that it all occurred when she fell asleep. What links that date to these photographs? How is the prosecution going to be able to show beyond a reasonable doubt an absence of consent. To the average juror it will appear that the relationship was somewhat significant. After all, how many people fall asleep in the presence of others with whom they feel anything less than comfortable? Here is something else to think about. Did the woman meet the defendant through the dating site? If she did she must have know of his sexual proclivities and found them intriguing at a minimum. How long had they been together and what was the nature of their relationship?

The Identity Fraud statute in Massachusetts is G.L. c. 266 Section 37E. The crime is a misdemeanor meaning in Massachusetts that no state prison sentence is authorized. This is minor compared to the remaining charges the defendant is facing. The Rape charge is a life felony and the Indecent Assault and Battery charge is punishable by up to five years in state prison.

Continue reading "Marblehead Massachusetts Man Charged With Rape, Alleged To Have Occurred While Woman Was Sleeping" »

The Salem News reports that Patricia Papa, a former employee of the Sheriff's Department for Essex County Massachusetts has been charged with having sexual relations with an inmate. Papa worked at the Lawrence Correctional Alternative Center, commonly known as the farm. The allegations focus on a one month period covering most of March of this year. The case is being prosecuted in the Essex County Superior Court in Salem.

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http://www.mass.gov/?pageID=sessexterminal&L=2&L0=Home&L1=Facilities&sid=Sessex&b=terminalcontent&f=lawrence_cac&csid=Sessex

It appears that the statute under which Papa is being prosecuted is Massachusetts General Laws Chapter 268 Section 21A. That statute makes it a crime for any corrections officer or anyone employed by a correctional institution to engage in sexual relations with an inmate. A conviction for this offense can result in a fine of up to ten thousand dollars and a five year state prison sentence. Consent is not a defense to these charges. So, how can Papa defend against these allegations? Obviously a lot depends on the evidence against her. Did someone see her engaged in sexual activities with the inmate? Were the acts caught on security and surveillance videos? Or was it the inmate himself who made the accusations? You would think that if this were happening that Papa would avoid such actions in view of any electronic monitoring equipment. As an employee of the sheriff's office she would arguably know that such devices existed and the location where the cameras were operating from. Eyewitness testimony in cases like this one are often suspect as well. Keep in mind, these people are convicted criminals sentenced to a period of incarceration. Their credibility is suspect. Jurors have difficulty believing the testimony of someone who is serving a jail sentence. The first thing that goes through a juror's mind when listening to an incarcerated person's testimony is "what is in this for this guy? Why is he testifying for the prosecution?" There almost always has to be substantial corroboration for jurors to convict someone based on an inmate's testimony. None was mentioned in this article. Rather, simply bare allegations that Papa had sexual relations with an inmate.

I can recall a case like this one many years ago where proof against the defendant was an easy task for the district attorney. The defendant was a woman, correctional officer at a state prison. She had a relationship with an inmate at a much more secure facility that the Lawrence Farm. She got pregnant and had the inmate's child. She was terminated. In Papa's case there is no indication that the prosecutor's case is that clear cut.

Continue reading "Woman Who Worked At Essex County Sheriff's Office Charged With Having Sex With Inmates In Salem Superior Court" »

Andrea Davio-Michaud is forty years old. She is an inmate at M.C.I. Framingham. She has been convicted of Identity Fraud and Credit Card Fraud and is serving a sentence for those crimes. In October of last year Davio-Michaud reported that she had been raped at a halfway house where she was serving out the remainder of her sentence. She claimed to have been approached from behind by an unknown man while she was in the bathroom, dragged to her room and raped. A police investigation disclosed inconsistencies in her story. Then, her husband told authorities that Davio-Michaud had made several other false rape claims in the past and that she would injure herself to support her fictitious story. Yesterday, Davio-Michaud pleaded guilty to Filing a False Police Report and was sentenced to six months to be served concurrently with the sentence she is now serving. The case was prosecuted in the Framingham District Court.

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http://www.metrowestdailynews.com/news/police_and_fire/x1990774051/Woman-pleads-guilty-to-false-rape-report-in-Hopkinton

Framingham Rape Defense Lawyer

Massachusetts General Laws Chapter 269 Section 13A states that anyone who knowingly makes a false police report is guilty of a misdemeanor and can be punished for up to one year in the house of correction. In the context of this case it seems like a rather minor charge given that if someone had been charged with Rape as a result of the lies that person's life would be turned upside down. He would suffer the stigma of a heinous accusation, possibly lose his job and have to spend money retaining a Massachusetts Criminal Lawyer who defends Rape Cases. Based on this article it appears that Davio-Michaud had a great lawyer representing her.

Continue reading "Framingham Inmate Pleads Guilty To Making A False Rape Report" »

Yesterday morning Lynn, Massachusetts Police observed Wilford Wright and two other people on Washington Street engaged in what they believed was a drug transaction. The officers reported that once Wright made eye contact with them he "tucked something into his pocket and began walking into the" Washington Street address. The officer asked him to stop. He refused. They then asked him where he was going. He responded that he was going to his friend's apartment. One of the police officers then tried to Pat Frisk Wright. Wright resisted. Supposedly he then pushed the officer and a struggle ensued. Wright was subdued with pepper spray. Police then seized some crack cocaine. Wright was charged with Possession With Intent to Distribute Cocaine, Resisting Arrest and Assault and Battery on a Police Officer. The case is pending in the Lynn District Court.

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Lynn Man Charged With Assaulting Police Officers, Possession With Intent to Distribute Class "B"

Massachusetts Criminal Defense Lawyer, Drug Cases

In order to justify the stop and eventual frisk of Wright the police must have reasonable suspicion to believe that a crime had been committed, was being committed or was about to be committed at the time of the stop. Here the police believed that a drug deal was occurring. The article fails to specify what exactly the police observed and how they determined this to be criminal activity. The absence of detail or lack of experience of the officer, if any may serve as a basis for attacking the validity of the stop. Also, if the police used more force than necessary at the stop then the stop morphs into an arrest. There is a requirement that police have probable cause to effectuate an arrest. Suppression will lie if the use of force by the police exceeded what was necessary for the stop and a judge determines that the stop was actually an arrest lacking probable cause.

Continue reading "Lynn Police Watch Drug Deal, Make Arrest For Possession With Intent To Distribute Cocaine " »

This past Thursday Santo "Macho" Suarez of Lawrence, Massachusetts was arrested and charged with Breaking and Entering, School Zone Violation and Distribution of a Class B Substance, Crack Cocaine. He was also charged with Resisting Arrest and Disorderly Person. According to reports Suarez sold Crack Cocaine to an undercover police officer. As officers attempted to apprehend him Suarez took off in his car. He then abandoned the car and fled on foot. He broke into a home and hid in a closet. He then resisted police attempts to arrest him. Suarez also has a prior conviction for Distribution of Cocaine in Lawrence.

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http://www.eagletribune.com/local/x1907084331/Police-Man-hid-in-house-after-selling-drugs-to-officer

Lawrence, Massachusetts Cocaine Distribution Defense Lawyer

Massachusetts General Laws Chapter 94C Section 32A states that anyone convicted of distributing cocaine after having been previously convicted of the same offense shall be punished by a minimum mandatory three year sentence. This is a felony in Massachusetts. The district court does not have jurisdiction over this crime so unless the district attorney agrees to reduce the charges Suarez is going to be prosecuted in the Essex County Superior Court in Salem. Hand to hand sales to undercover officers are very difficult to defend. Experienced Massachusetts Criminal Lawyers who try cases like this one often employ an entrapment defense. This requires the prosecution to prove beyond a reasonable doubt that the defendant was predisposed to committing this crime and that his will was not overborne by aggressive police officers.

Continue reading "Lawrence Man, Santo "Macho" Suarez Charged With Distribution Of Cocaine, School Zone Violation" »

Craig Snow of Lynn, Massachusetts has been charged with violating the Massachusetts Social Host Law. The law states that anyone who sells or provides alcohol to minors or permits them to consume alcohol on your property can be charged with a crime in Massachusetts. The act occurred on March 21, 2010. A young woman was killed when a car being driven by her boyfriend drove through an intersection and crashed. The woman was ejected through the car's sunroof. The driver, Christopher Maxson was charged with Motor Vehicle Homicide. According to reports, Snow admitted to hosting the party and claimed that the guests brought their own alcohol to is parents' home.

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Massachusetts Man Faces Charges Stemming From Motor Vehicle Homicide

Massachusetts Criminal Lawyers Who Defend People Accused Of Violating The Social Host Laws

The Massachusetts Social Host Law is set out in M.G.L. ch. 138 Section 34. A conviction of this law means you are guilty of a misdemeanor. There is a maximum sentence of one year in the house of correction. The law states that you can be held criminally responsible for allowing someone under the age of twenty one to consume alcohol on your property. Under Massachusetts the Social Host can be an adult or a juvenile. These charges are becoming more prevalent in Massachusetts. Essex County seems to be taking the lead on these matters. The charges are serious and require the services of an Experienced Massachusetts Criminal Defense Attorney.

Continue reading "19 Year Old Lynn Teen Charged With Violating Social Host Law, Contributing To Motor Vehicle Homicide" »

Around 2:00 a.m. Monday morning Taunton, Massachusetts police received a 911 call from a woman who had locked herself in a bathroom after having been beaten by her boyfriend according to the Brockton Enterprise. The officers who responded located the woman in the bathroom and appearing scared. She alerted them to the fact that her boyfriend, Peter Azille was hiding behind the bathroom door. The two were separated. Azille yelled to the woman not to talk to the police. He maintained an aggressive attitude towards law enforcement officials, was handcuffed and arrested. The woman refused medical treatment yet due to her representations Azille was charged with Kidnapping and Domestic Assault and Battery. His actions towards the police and witnessed by the police resulted in him being charged Witness Intimidation and Resisting Arrest.

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http://www.enterprisenews.com/news/cops_and_courts/x1920417408/Taunton-man-charged-with-kidnapping-assaulting-girlfriend

Massachusetts Criminal Lawyer, Resisting Arrest

As I have mentioned many times in the past Resisting Arrest in Massachusetts is all to often a charge issued against people who have been assaulted by the police during the course of an arrest or investigation. Many times police officers try to deflect their violent, aggressive and at times illegal conduct by charging suspects with crimes that they did not commit, simply to avoid being sued for their behavior. Assault and Battery on a Police Officer is another such charge brought for the same reasons. Each and every time I meet with a client who has been charged with Resisting Arrest or Assault and Battery on a Police Officer the client has been visibly beaten and bruised by the police officer who created the charge. Here, given that the victim did not receive medical treatment and is the defendant's girlfriend there stands a chance that the Kidnapping and Domestic Crimes will not be prosecuted successfully. That is why it is imperative that Azille Hire a Massachusetts Criminal Lawyer who has experience defending charges of violence against police officers.

Continue reading "Southeastern Massachusetts Man Charged With Kidnapping, Domestic Assault On Girlfriend" »

Adrian Clarke of Boston and Lloyd Smith of Nantucket were charged in the Lynn District Court with Kidnapping and Raping a thirty two year old woman this past weekend. Bail for each was set at five hundred dollars. The Lynn Item reports that the woman, a prostitute was working in Boston Saturday night when she was approached by the defendants. She was forced into their vehicle and taken to a warehouse in Lynn. Both men forced her to have intercourse with them and to perform oral sex on them. They then put her back into the van and dropped her off at a street corner. The woman contacted the police who stopped the defendants in their vehicle. It is also reported that the defendants gave a different story. They negotiated a fee for her services. She agreed to go with them to Lynn. While on the way the defendants purchased some condoms. After engaging in the consensual, paid for sexual acts the victim fell asleep. She was then driven part way home but refused to get out of the car, offering to refund their money if they took her back to Boston. The defendants refused to do so. The charges are pending in the Lynn District Court. The prosecutor may choose to indict this case to the Essex County Superior Court in Salem.

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http://www.thedailyitemoflynn.com/articles/2010/04/13/news/news05.txt

Lynn, Massachusetts Rape, Kidnapping Defense Lawyer

From the perspective of a Massachusetts Criminal Defense Attorney cases like this are difficult for the district attorney to successfully prosecuted. The "victim's" story sounds more like a failed business venture than a Rape or Kidnapping. There will possibly be a chain of evidence supporting either the victim or the defendant's story. There are cameras at toll plazas that might show where the woman was sitting the van and her demeanor. There may well be cameras at the store where the condoms were purchased either inside the store, in the parking lot or both. There will be evidence supporting or contradicting the stories that can be found at the warehouse. There might be cameras at the gas station in Revere where one of the defendants claims to have originally intended to drop off the woman. Any Massachusetts Criminal Lawyer with experience defending cases in Lynn and Essex County will look into these matters while defending his or her client.

Continue reading "Massachusetts Men Charged With Kidnapping And Raping Prostitute In Lynn" »

The Lowell Sun reports that nearly seven years ago a significant amount of drug evidenced was stolen from the Dracut Police evidence storage facility. In total about eighty thousand dollars or marijuana was taken from the locked trailer. The officer took the test on December 15, 2009. The results were deemed "inconclusive with suspected countermeasures taken". The suggestion is that the officer tried to cheat the test. Consequently, on March 3, 2010 another polygraph test was given. This time, it was concluded that the officer failed. Law enforcement agencies in Massachusetts were unable to crack the case. The state statute of limitations has expired and criminal charges cannot be filed against the officer in Massachusetts. However, federal laws provide another avenue for prosecution that permits more time to file charges. An unnamed federal agency is currently investigating this case.

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The Law Pertaining to Lie Detector Tests in Massachusetts

Lie Dectector (Polygraph) Tests in Massachusetts

In Massachusetts polygraph evidence is inadmissible for any purpose in a criminal trial. This has been the law for over twenty years since the Supreme Judicial Court decided the case of Commonwealth v. Mendes, 406 Mass. 201 (1989). About seven years later the Supreme Judicial Court retreated from its stance on this position and suggested that polygraph evidence might be admissible in a criminal case provided that its reliability is established by proof that a qualified tester who conducted the test had in similar circumstances demonstrated, in a statistically valid number of independently verified and controlled tests, the high level of accuracy of the conclusions that the tester reached in those tests. Commonwealth v. Stewart, 422 Mass. 385 (1996). This ruling notwithstanding lie detector tests are still not used in criminal cases in this state. The prospect of using one of these tests in an appropriate case is something that I would welcome.

Continue reading "Massachusetts Police Officer Suspected Of Evidence Theft Fails Lie Detector Test" »

Thirty four years ago Eleanor Wadsworth was beaten, shot and killed at Pike's Funeral Home in Gloucester, Massachusetts. Wadsworth was sixty five at the time and she worked and lived at the funeral home. Last March Gloucester police re-opened the case. Their investigation which included interviewing several witnesses suggested that Wadsworth was killed by three people during a robbery. The suspects are Norman Pike, the funeral home owner's grandson, Kevin Ireland and another man not identified. Pike left Gloucester just days after the incident. Ireland currently lives in Gloucester and was recently arrested on this case. Pike, aka Dan Franklin who now lives in San Francisco if fighting extradition. Ireland is being arraigned today in he Gloucester District Court.

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http://www.boston.com/news/local/breaking_news/2010/03/police_charge_t.html

Prosecuting "cold cases" can at times be a daunting task. Witnesses' may no longer be available to testify. Those who remain can have problems recounting sufficient detail to sustain a conviction. Experienced Massachusetts Criminal Defense Lawyers are often able to attack any memory defects and show juries the doubt necessary to sustain an acquittal. If there are no eyewitnesses to the murder as suggested by the article and neither of the defendants cooperates it will be difficult for the prosecution to recreate the events in a way that satisfies its burden. It would not surprise me to see defense lawyers pointing the finger at the deceased suspect and identifying him as the sole culprit.

Continue reading "Two Charged In Gloucester Murder That Occurred More Than Thirty Years Ago" »

Yesterday police in Westport, Massachusetts arrested Dean Macedo of Fall River and charged him with five counts of Identity Fraud. Apparently Macedo, who was working as a sub-contractor for a construction company got a copy of certain contractor's licenses. Using that information he secured building permits in New Bedford. Macedo had his own roofing company. An employee at one of the jobs Macedo obtained through the permit scam was injured and filed a workman's compensation claim. Authorities quickly learned that Macedo had been pulling permits using the identity of others in several towns. The case will be prosecuted in the New Bedford District Court.

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http://www.abc6.com/news/86389667.html

Identity Fraud and Identity Theft in Massachusetts

Massachusetts General Laws Chapter 266 Section 37E prohibits Identity Fraud and Identity Theft in Massachusetts. The law states that anyone who uses someone else's personal identifying information for the purpose of making a financial gain shall be punished by up to two and one half years in the house of correction. This is a misdemeanor in Massachusetts. These crimes are becoming more prevalent in Massachusetts each day. It would not surprise me to see the potential punishment increased by the legislature in the near future, particularly in light of cases such as this one where someone is injured and without financial recourse due to the fraud.

Continue reading "Fall River Man Arrested And Charged With Identity Fraud" »

Lyn Toscano of Haverhill, Massachusetts is the assistant manager of the Registry of Motor Vehicles for the branch located in Haverhill. Earlier today Toscano was arraigned in the Haverhill District Court and charged with two counts of Soliciting a Bribe as a Public Employee, Conspiracy and Falsification of a Driver's License. It is alleged that the scheme in which she was involved started in September of 2008 and lasted until May of 2009. Authorities claim that Toscano was selling licenses to people who had not taken the driver's test. Police were tipped off by Richard Chase who ironically has been charged with Criminal Harassment of Toscano.

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Massachusetts Registry Worker Charged With Selling Driver's Licenses

Falsification of a Driver's License in Massachusetts

This crime is a felony in accordance with Massachusetts General Laws Chapter 90 Section 24B. The case can be prosecuted in either the District Court or the Superior Court and it carries with it a possible five year state prison sentence. If Toscano decides to Hire an Experienced Massachusetts Criminal Defense Lawyer who understands Motor Vehicle Crimes she might be able to walk away from these charges without a criminal record.

Soliciting a Bribe as a Public Employee

This crime is proscribed by Massachusetts General Law Chapter 268A Section 2 and is also a felony in Massachusetts. A conviction of this crime is punishable by up to three years in state prison. This charge can also be continued without a finding so it is advisable that Toscano get a good lawyer right away.

Continue reading "Haverhill Registry Worker Charged With Falsifying Driver's Licenses, Conspiracy" »

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.

Continue reading "Framingham Massachusetts Man Rejected By Ex-Girlfriend Charged With Stalking, Kidnapping" »

Michael Ehlert is eighteen years old. Michael Leoni is seventeen year old. Both live in Marblehead, Massachusetts. Both are now facing serious felony charges in the Lynn District Court. It would not surprise me at all to see these charges indicted and prosecuted in the Essex County Superior Court in Salem. According to reports Ehlert and Leoni viciously attacked a school age boy who was walking home in the early evening hours on October 29, 2009. When the boy passed by the defendants they dragged him into a local cemetery, choked him, beat him, kicked him and searched him for money. They made him smoke a cigarette, stole his wallet and made him lead them to the victim's home where they located and stole his iPOd. As a result of these acts Leoni has been charged with Assault With Intent to Rob, Kidnapping, Assault and Battery by Means of a Dangerous Weapon and Larceny. Ehlert has been charged with the same crimes along with Intimidation of a Witness. All of these Crimes are Felonies in Massachusetts.

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Massachusetts Men Charged With Assorted Violent Crimes In Connection With Robbery Of Another Teenager

In the context of these facts all of these crimes are considered very Serious Felonies in Massachusetts. The Robbery charge alone carries a maximum life sentence. Assault and Battery by Means of a Dangerous Weapon carries a potential ten year sentence. Kidnapping convictions can also result in the imposition of a ten year state prison sentence. There are however a few thoughts that come to mind when reading about this case. How was it that nobody saw the victim being dragged into the cemetery? Why did he not yell out for help when walking back to house? Could he have run away when going back to his home or could he have yelled out to a neighbor for help? Was the attack unprovoked or was there something that precipitated the event? These are questions that an Experienced Massachusetts Defense Lawyer will address in preparing the defense of these defendants.

Continue reading "Two Marblehead Massachusetts Teenagers Arrested And Charged With Robbery, Kidnapping, Assault In Connection With Beating" »

This past Sunday evening, just past 6:30 p.m. members of the Quincy, Massachusetts Police Department executed a search warrant at John Keller's residence. The search warrant was issued after an eighteen month police investigation suggested that Keller was dealing drugs out of his Chester Street apartment. When the police searched the home they found Cocaine, Ecstasy, Heroin, and other Controlled Substances. They also found ammunition and nearly fifty thousand dollars cash. The investigation started as a result of neighbor complaint about numerous people making frequent visits to the apartment. As part of the investigation undercover police officers made controlled buys of various substances. During the search the police found over one hundred grams of cocaine, Class C drugs, Oxycodone pills, marijuana, digital scales and more. Keller has been charged with Trafficking Cocaine, Trafficking Heroin, a School Zone Violation, Unlawful Possession of Ammunition and various Miscellaneous Crimes. Bail was set at one hundred thousand dollars cash in the Quincy, Massachusetts Man Held On Drug Trafficking, Gun Charges

It appears that the most serious charge is Cocaine Trafficking which in Massachusetts carries a minimum mandatory ten year sentence where the quantity exceeds one hundred grams. The School Zone Violation adds another two years to this sentence. If Keller is convicted of both of these crimes he will have to serve twelve years in state prison. Naturally as with any case there can be defenses to these allegations. I would expect to see a challenge to the issuance of the Search Warrant. It would not surprise me if people other than Keller were being investigated and had some involvement in these activities during the course of the investigation. Their roles might ameliorate some or all of Keller's responsibility for some of the crimes he has been charged with. One thing is certain. If he has not already done so Keller needs to Hire an Experienced Massachusetts Drug Defense Lawyer right away.

Continue reading "Man In Quincy Massachusetts Charged With Drug And Gun Violations After Police Find Cocaine, Heroin, Guns And Ammunition During Search Of Home" »