Massachusetts Criminal Defense Attorney Blog

Ronald Keplin of Woburn, Massachusetts and Xiu Chen of Medford, Massachusetts are being arraigned today in the Somerville District Court. Both are being charged with Deriving Support from Prostitution, Human Trafficking and Keeping a House of Ill Fame. Wickedlocal.com reports that Chen and Keplin ran a large enterprise spanning several Massachusetts cities and town including Billerica, Wilmington, Woburn, Bedford, Medford and Reading. Women were brought in from several neighboring states on buses and housed in places considered substandard. They were made to work daily primarily in massage parlors and wellness centers. During a press release it was alleged that the victims in these operations were promised legitimate jobs thereby making their move to Massachusetts attractive. In reality, they were forced into a life of prostitution. It is further alleged that these victims were threatened and implicitly forced to remain in the employ of the defendants. Their services were advertised on the Internet. Transportation to and from the business establishments was provided by Chen and Keplin as were housing accommodations. The defendants will probably be prosecuted in the Middlesex Superior Court.

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Massachusetts Sex Trafficking Defense Lawyer

Lawyers Who Defend Sex Crime Allegations in Middlesex County Massachusetts

Any Massachusetts Criminal Lawyer will tell you that Human Trafficking Cases in Massachusetts are being indicted at a rapid pace. What used to be known as pimping cases has evolved into this new crime called Human Trafficking. That is due in part to federal funding of local law enforcement agencies to fight this activity and a public outcry against the criminal exploitation of women. The crimes themselves have become much more of a global problem due to the facility with which these enterprises can be operated through the use of the Internet. The Human Trafficking Statute permits and in some instances mandates sentences much greater than the pimping statute. This makes your choice of a criminal lawyer more important now than ever before. An experience lawyer might try and win your case. But there are instances where it might be more beneficial to have the charges reduced to something more consistent with the act actually committed rather than the sometimes sensationalized accusation of Human Trafficking.

So how can someone like Keplin or Chen defend this case? Much of that depends on who will be testifying against them and how that person connected with law enforcement. Usually, one of the women working at the establishment gets arrested for an act of Prostitution. Then, for self-preservation purposes that person tells a story much more exaggerated than the real event. Their cooperation can result in charges not getting filed or pending charges being dismissed. Absent some significant corroboration from of this person's story what looked like a horrible Human Trafficking story becomes a simple prostitution case and the defendants no longer face lengthy prison sentences.

Continue reading "Man From Woburn Massachusetts and Woman From Medford Charged With Human Trafficking in Somerville Court" »

According to a report on Boston.com, Dane Mullin, a Salem, Massachusetts man is accused of committing an Indecent Assault and Battery on a woman in Boston this past Tuesday. The incident occurred on a Green Line train during the morning commute. Mullin, a level three Sex Offender has open cases in the Salem District Court as well. One of these is for Failure to Register as a Sex Offender. Mullin is also on probation after being convicted of similar incidents just a few months ago. Mullin's convictions for Massachusetts Sex Crimes date back to 2007. In addition to the new charges Mullin faces a Probation Violation proceeding.

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Massachusetts Sex Crimes Defense Law Firm

Indecent Assault and Battery Lawyers in Massachusetts

So just how big are Mullins' problems? Well, lets first look at the underlying crime. Indecent Assault and Battery in Massachusetts is a felony. It is punishable by up to five years on state prison. While I doubt that this case will be indicted Mullin is still facing a two and a half year jail sentence. He is also subject to incarceration for the Probation Violation. Moreover, he is probably looking at Community Parole Supervision for Life. This subjects Mullin to the jurisdiction of the parole board for life. This statute, M.G.L. c. 127 Section 133D treats the defendant as if he or she is on parole. The parole board establishes terms and conditions that the violator must adhere to. The parolee cannot file a petition to terminate for at least fifteen years. Then, termination can occur only with a vote of the majority of the parole board members. Termination proceedings require sex offender evaluations as well. Here is another aspect of the Massachusetts Lifetime Community Parole statute that can impact the offender. A violation of the conditions of parole require a thirty day jail sentence. a second violation results in a six month sentence and a third results in the parolee serving a year. If the violation is the result of another criminal offense then these sentence run from and after the sentence on the new criminal case.

Mullin has some significant criminal defense issues in front of him. Possible lifetime parole, an imminent jail sentence for his Probation Violation, the new case and answering to the warrants will keep his Massachusetts Criminal Lawyer busy for some time.

Sometimes in cases like this one enlisting an expert in the field of Sex Offenses can be helpful. Sex offender evaluations and sentencing recommendations often guide judges in ordering a sentence that addresses the offender's issues, protects society and mitigates the length and conditions of the sentence. I have found this quite helpful on many occasions. Judges and prosecutors can be influenced by thorough professional evaluations and recommendations.

Continue reading "Massachusetts Registered Sex Offender, Level 3, Charged With Indecent Assault and Battery After Incident on MBTA" »

Richard Meltz of Massachusetts and Christopher Asch were arrested and charged with Conspiracy to kill and Rape women. Meltz is the chief of the Veterans Affairs Police. Authorities allege that the two men began their plan about a year ago. According to law enforcement, the two did more than simply plan their attack. They acquired materials to anesthetize women and accessed a Taser to subdue their targets. Apparently the defendants made electronic solicitations over the internet. One of the accused discussed Kidnapping and cannibalizing victims. He also elaborated on a plan to evade DNA detection.

The alleged details of the crime are quite graphic. During the period of the investigation, these two defendants and another engaged in electronic communications planning the kidnapping, torture and murder of women. This third individual used the internet in an attempt to solicit people to kill, kidnap and rape his wife and others. This third individual ultimately led law enforcement to Meltz and Asch. Following up on this information, in an undercover capacity the feds met with Asch. On one occasion Asch produced a bag full of devices intended for use in torturing and drugging his ultimate targets. These meetings along with telephone intercepts detailed plans to kill a particular target who was in fact another undercover agent. The defendant's plan further included methods of disposing with the victim's body and ways to avoid detection.

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Massachusetts Federal Sex Crimes Defense Law Firm

Kidnapping Defense Attorney in the Boston Area

The crime of Kidnapping is typically prosecuted by the state in which the crime is committed. Occasionally this crime is prosecuted in the Federal Courts primarily in those instances where the actual offense is the Conspiracy to Kidnap. One of the statutes proscribing this activity, 18 U.S.C. Section 956 authorizes a possible life sentence after a conviction. The Massachusetts Kidnapping law provides a maximum ten year prison sentence for anyone convicted of that offense. There are aggravated forms of the crime that permit a tougher sentence. For example, if a Firearm is used during the act the accused faces a ten year mandatory sentence. If serious bodily injury is inflicted during the commission of the crime the accused faces a twenty five year mandatory minimum sentence. The Massachusetts District Courts also have jurisdiction over kidnapping charges. If the case is prosecuted in that court there is a maximum two year house of correction sentence that can be imposed.

So how are Meltz and Asch going to defend against these allegations? A lot depends on the defendant's ability to recall the conversations they had with undercover law enforcement that were not recorded. This, along with the motive of the co-conspirator who initially led the feds to Meltz and Asch will be critical to the defense.

Continue reading "Two Men, One From Massachusetts Charged in Federal Court With Conspiracy to Rape and Murder Women" »

This past October Daniel Goichman of Southborough, Massachusetts was charged in the Westborough District Court on charges of Possession of Child Pornography. It is alleged that while online he solicited minors. His home was searched and a Search Warrant was also issued for his computer. Apparently the search of the computer provided evidence that Goichman had been distributing Child Pornography as well. Goichman has a conviction for Rape stemming from an out of state incident in 2001. Bail has been set in the amount of seventy thousand dollars. The case will be prosecuted in the Worcester Superior Court.

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Massachusetts Child Pornography Defense Law Firm

Worcester County Sex Crimes Lawyer, Rape, Child Abuse

Distribution of Child Pornography or Possession With the Intent to Distribute Child Pornography in Massachusetts is prohibited by Massachusetts General Laws Chapter 272 Section 29B(b). A conviction of this crime is a felony punishable by a minimum mandatory ten year prison sentence and as much as twenty years in jail.

As a Massachusetts Criminal Lawyer I have represented several people charged with Distribution of Child Pornography. Not one of these people actively disseminated the illicit material. Upon their arrest, all of these people were stunned to find out that they were facing lengthy mandatory prison sentences. They were also shocked to learn that their actions satisfied the element of distribution. After all, the only thing they did was download and view the material. They never actively distributed what these images and videos. How then could they be charged with distribution? Perhaps the case of United States v. Richardson best outlines the dangers of file sharing and the rationale for why peer to peer file sharing constitutes the act of distribution.

In Richardson law enforcement entered a p2p network in an undercover capacity. They found Child Pornography in one of the user's accounts. The police downloaded the illicit material from this person's account. The user was identified as the defendant and a Search Warrant was executed at his home. The search confirmed p2p activity. Richardson was convicted after a jury waived trial. Affirming the conviction the court reasoned that the structure of the p2p programs encourages file sharing. Users get a rating based on their contribution to the network. A higher rating facilitates downloading additional materials. Richardson argued that distributing equates with delivering. He claimed that he never actually transferred the Child Pornography to anyone. Rather, he only permitted entry into his computer. The court rejected this argument and held "that downloading images and videos containing child pornography from a peer-to-peer computer network and storing them in a shared folder accessible to other users on the network amounts to distribution." This seems to be the consensus throughout the country.

Continue reading "Massachusetts Sex Offender Indicted For Distribution of Child Pornography in Worcester Superior Court" »

According to reports, David Minasian and Madonna Say, of Malden, Massachusetts and Lynn, Massachusetts respectively have both been charged with Sex Trafficking in the Massachusetts Federal Court in Boston. Authorities allege that in Chelsea Minasian met up with a fifteen year old female runaway who had recently left a treatment facility. Minasian offered the girl help. The three ultimately headed to Florida by car. On the way, Minasian gave the girl Marijuana, Alcohol and Drugs. He then offered the girl employment as a Prostitute. Minasian advertised the girl as an escort over the internet. Men in both Florida and Massachusetts responded to the ads. Minasian and Say have been charged with Sex Trafficking by Force, Fraud or Coercion and Sex Trafficking of a Child. The case is being prosecuted in the Massachusetts Federal District Court.

Massachusetts Sex Trafficking Defense Law Firm

Lawyers Who Defend Child Sex Trafficking Cases in Massachusetts

The defendants in this case were probably charged with a violation of 18 U.S.C. Section 1591; Sex Trafficking by Force, Fraud or Coercion. The statute states that anyone who transports someone, or receives a financial benefit from, or threatens or forces the person who is under the age of eighteen to engage in sex is guilty of this crime. The crime is a felony. If the victim is over the age of fourteen and under the age of eighteen the accused must serve a sentence of at least fifteen years in prison.

Laws like this one have been implemented by states throughout the country. In 2011, Massachusetts enacted a similar act. In essence, the Massachusetts legislation created a crime for Human Trafficking for Sexual Servitude. The law prohibits transporting, enticing or harboring another with purpose that that person engage in sexually explicit acts. A conviction for this offense in Massachusetts mandates five years in jail. There is a maximum twenty year sentence that can be imposed and fines of up to twenty five thousand dollars. Human Trafficking for Sexual Servitude that involves someone under the age of eighteen permits a judge to impose a life sentence after a conviction. The law proscribing this activity is Massachusetts General Laws Chapter 265 Section 50. All states now have enacted some sort of Human Trafficking law that is modeled in large part after the federal law under which Minasian and Say are being prosecuted.

Successful defenses to these cases are difficult to establish. Even if the victim lies about his or her age the accused cannot use that as a defense. In cases where the internet was used to advertise services, the victim's image will serve as corroborative evidence for the prosecution, even if the victim chooses not to testify.

Continue reading "Couple From Malden and Lynn Massachusetts Facing Sex Trafficking Charges in Federal Court " »

According to a local news report, Kevin Carmichael, a karate instructor at a Braintree karate studio has been charged with Indecent Assault and Battery. Authorities allege that the acts occurred recently. Apparently Carmichael was asked to meet with Braintree Police detective two days ago. He agreed. Afterwards he was charged with Indecent Assault and Battery. Bail was set in the amount of twenty five thousand dollars. The case is currently pending in the Quincy District Court. No details of the alleged assault have been reported nor are there allegations that Carmichael did this to other victims.

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Braintree, Massachusetts Sex Crimes Defense Law Firm

Lawyer Who Defend Indecent Assault and Battery Cases in Massachusetts

In order for the district attorney to prove someone guilty of Indecent Assault and Battery in Massachusetts he must six elements beyond a reasonable doubt. The first element involves the victim's age. Massachusetts charges this crime in accordance with the victim's age. The threshold age is fourteen so depending on the crime alleged; i.e. Indecent Assault and Battery on a Person Under the Age of 14 or Indecent Assault and Battery on a Person Over the age of 14 this element must be established. The second element is that the accused committed an Assault and Battery. The third element involves the indecent aspect of the case. The prosecutor must prove that the defendant used force to commit the indecent touching which involves the following: if victim is male, the genital area, buttocks or pubic area. If the victim is female, the breasts, thighs, pubic area, genitals or buttocks. The term indecent is evaluated in the context of the case. It is fact specific. Fourth, the prosecutor must show intent on the part of the defendant. Fifth, the touching must be offensive or harmful and last, there can be no justification or excuse for the act.

For a Massachusetts Criminal Lawyer the third element is fertile ground for absolving a client. Many of the cases involving these charges focus their defense on the actual nature of the act, not the fact that a touching occurred. People are touched in many ways every day. Some people are more affectionate than others. They are comfortable making physical contact with others or "touching" them. While the alleged victim might perceive the touching to be offensive the defendant may not have intended it that way. This is one factor that helps determine whether or not to go to trial on a case like this. In this case, much of the defense will hinge on what Carmichael told the police on Saturday. Hopefully he said nothing, or very little. As I have written and told my clients on countless occasions, keep your mouth shut. You cannot talk your way out of being charged criminally. You can only make matters worse for yourself.

Continue reading "Massachusetts Karate Instructor Working in Braintree Charged With Indecent Assault and Battery in Quincy District Court" »

Two days ago police in Taunton, Massachusetts were involved in an anti-prostitution operation. Acting in an undercover capacity one of the involved officers made eye contact with a woman. He then pulled into a parking lot to meet up with the woman. She walked up to his car and "asked if he wanted a date". A fee of thirty dollars was negotiated. This resulted in the woman, Erica Jeremiah being arrested. She was charged with Sex for a Fee. In another incident officers went to investigate a complaint of a sexual nature. They met with a women, Lisa Marie Her. She claimed that a cab driver pressured her to perform oral sex on him in order to forgive an owed fare. Officers met with the cab driver, seventy six year old Robert Ferreira. Ferreira admitted to being engaging in two such incidents, one with Her, the other with Suzanne Charland however he denied pressuring the women. Ferreira told the police that in addition to forgiving the fares he paid an additional twenty dollars to each woman. Ferreira told the police that he and Charland had this arrangement for the past two years. Ferreira, Her and Charland were all charged with Sex for a Fee. All matters are pending in the Taunton District Court.

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Taunton, Massachusetts Prostitution Defense Law Firm

Massachusetts Sex Crimes Defense Lawyer, Prostitution, Sexual Conduct for a Fee

The law prohibiting this conduct and presumably with which all defendants have been charged is Massachusetts General Laws Chapter 272 Section 53A. The first section of that law states that anyone agreeing to engage in sexual conduct for a fee can be found guilty of a misdemeanor and punished by up to one year in jail. There is no need to actually engage in a sexual act to be in violation of this law. The next section of that law makes it illegal to pay for sex or offer to pay for sex. A conviction of this portion of the statute provides for a two year sentence.

So, as an Experienced Massachusetts Criminal Lawyer here is how I see these cases. Depending on her record Jeremiah may end up with anything from a dismissal to a conviction with the possibilities of pretrial probation and a continuance without a finding quite likely. She has to overcome the testimony of a police officer who will testify that she was seeking money in exchange for sexual services. The other cases are much different. Neither Her, nor Charland nor Ferreira were caught in the act. Admissions to the commission of crimes absent some sort of corroboration do not provide enough evidence for a conviction to stand. It was really silly for Her to call the police if in fact she had been engaging in the acts as suggested by Ferreira. Similarly, it was unnecessary for him to have spoken with the police. However, both now have Fifth Amendment privileges that will further frustrate efforts to convict them. And it seems like Charland has no problems at all. Ferreira will not testify against her and she was not caught engaging in criminal activity.

Continue reading "Police In Taunton Massachusetts Charge Four With Sex Crimes, Sexual Conduct For a Fee, Prostitution" »

A bill was recently filed with the Massachusetts Legislature calling for asset forfeiture provisions in certain Massachusetts Sex Crimes. The law would permit the police and the district attorney's office prosecuting these crimes to seize property; i.e. cash and real estate from people who are convicted of Massachusetts Child Pornography Crimes and Massachusetts Child Enticement Crimes. The bill is sponsored by Middlesex County Sheriff Peter Koutoujian and Massachusetts State Senator Barry Finegold. The proceeds from the successful forfeiture actions would be used to better fund Cyber Crimes Units throughout the Commonwealth. Prosecutors now complain that they are understaffed and underfunded in their efforts to curb this type of criminal activity. If passed this law will likely bring millions of dollars to local and state police departments and to the district attorneys offices prosecuting these crimes.

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Massachusetts Child Pornography Defense Law Firm

Lawyers Who Defend Sex Crimes in Massachusetts

If this law resembles the Massachusetts Drug Forfeiture Law (Massachusetts General Laws Chapter 94C Section 47) it will probably enable the prosecution to seize the following property in Massachusetts: all electronic equipment used to facilitate the illegal activity; any property used to transport, conceal, manufacture and in any way distribute the material; all real estate used to facilitate the crime; all money made in connection with the commission of the crime and more. Similar to the drug forfeiture law I would imagine that the property owner must either have known or should have known that the illicit activities were occurring at his home. In other words, if the home owner is renting to the accused or is the defendant's parent, forfeiture might not apply provided that that person was unaware of the activities. The intended purpose of this act would be to deprive criminals of the tools by which they conduct their illegal activities. There would be a civil proceeding wherein a judge would make the determination of whether or not to order the property forfeited.

So as a practical matter how would this law work? Anytime someone was convicted of committing a Massachusetts Child Pornography Crime the prosecuting body would look to see if the defendant owned property and if there was any way to link that property to the commission of the offense. The property most vulnerable to seizure would be the defendant's home. Unlike Massachusetts Drug Cases, the presence of cash and vehicle ownership are less likely the type of property that would facilitate the commission of these crimes. The convicted defendant would served with a complaint for forfeiture. There would be an opportunity to defend the action which would ultimately be decided by a judge. It is interesting that the article discussing this proposal suggests that the primary purpose behind the law is to fund law enforcement activities that fight Child Pornography Crimes. I would think the law would serve as a deterrent given the added penalty associated with a conviction.

Continue reading "Massachusetts Legislature to Consider Asset Forfeiture Action for People Convicted of Massachusetts Child Pornography Laws" »

Not a day goes by where I don't see of or hear of a criminal defendant in Massachusetts putting the final nails in his or her coffin by talking on the phone. No matter how smart or how stupid the accused, talking on the phone is going to cause you a major problem. Take a look at yesterday's Boston Globe article written by Shelley Murphy about the James "Whitey" Bulger case. Murphy reported that in September of 2012 a conversation that Bulger had with his younger brother undermines the defense contention that Bulger was a government informant. The article quotes Bulger as saying that "I bought [expletive] information, I didn't sell it," and "I never gave them [expletive] information. Nothin'. Nothin.'" The purpose behind making those statements and the context of the statements is virtually meaningless. Rather, the content of what Bulger said is what is going to be more heavily weighed by either a judge or a jury when deciding whether or not to believe Bulger's claim that he was a government informant.

Massachusetts Proposed Rule of Evidence 801(d)(2) states that the statement of a party opponent is admissible and is not hearsay. Case law in Massachusetts supports this concept and with limited exception any statement made by a defendant is admissible against him at trial. Most people awaiting trial understand this. Certainly those with substantial involvement with the legal system know 1) that their jail calls are being recorded and 2) that anything said by them during the course of those conversations can be used against them in court. Most jail telephones have a tape recorded warning advising the participants that the calls are being monitored. Any Experienced Massachusetts Criminal Lawyer will tell his client not to talk on the phone. Talking does no good. Whether you are accused of Rape, Robbery, Drug Trafficking, Child Pornography or any crime you have to remember to remain silent and never talk about the case. Keep in mind that the Constitution gives you the absolute to remain silent. Federal case law and Massachusetts law support this proposition. As I have mentioned in several previous posts, many of my clients would never have even been charged had then not opened their mouths. And those of them who continued to talk even after being charged with the crime complicated matters. The most famous case implicating the right to remain silent is the Miranda case. In 1963 Ernesto Miranda was convicted of multiple Sex Crimes. He confessed to these crimes and it was the confession, not the strength of the district attorney's case that led to his conviction. In 1966 the United States Supreme Court reversed the conviction and held that Miranda's rights had been violated. The Miranda case established the implementation of certain rights that must be afforded to anyone in custody being interrogated. It also reinforced the principle that criminal lawyers strongly embrace - - to keep your mouth shut.

Continue reading "Talking on the Phone While Awaiting Trial is Often the Kiss of Death for People in Massachusetts Charged With a Crime" »

The principal of the Rockport, Massachusetts middle school last week reported that a student had come forward with information regarding a New Year's Eve incident at the Cape Ann Marina. Gloucester, Massachusetts police investigated and ultimately charged Justin Todd of Pleasant Street in Gloucester with Rape of a Child. It is alleged that Todd bought alcohol for some teenagers and had sex with one of them four times that night. The girl with whom Todd purportedly had sex was fourteen years old. He was arraigned in the Gloucester District Court and held on twenty thousand dollars cash bail. Four charges of Rape of a Child and one count of Providing Alcohol to a Minor is pending at this time. This case will probably be indicted and prosecuted in the Essex County Superior Court in Salem, Massachusetts.

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Gloucester, Massachusetts Rape Defense Law Firm

Essex County Sex Crimes Lawyer, Rape, Statutory Rape, Indecent Assault and Battery

Massachusetts has a broad definition of the term Rape. It encompasses penetration of the female sex organ by the male sex organ with or without emission. It also includes anal intercourse, oral intercourse, cunnilingus, fellatio, digital penetration and penetration by objects other than body parts. The age of consent in Massachusetts is sixteen, meaning that regardless of the intent or will of the minor a Rape charge can be successfully prosecuted. The element of penetration can be satisfied by showing contact with the labia, vulva or vagina. Statutory Rape in Massachusetts is set out in Massachusetts General Laws Chapter 265 Section 23. A conviction for this offense is a felony. There is another Massachusetts Statutory Rape Statute that addresses aggravating factors that is not applicable to this case. Massachusetts General Laws Chapter 265 Section 23A states that if there is a five year age difference between the defendant and the victim and the victim was under twelve at the time a conviction mandates a ten year state prison sentence. Consent is not a defense to Statutory Rape in Massachusetts. Nor is a mistaken belief in the victim's age a valid defense. This again shows why anyone being investigated for a crime should not talk. All too often people admit to having sex with someone because the act was "consensual" and they believed the person to be old enough to consent. However, when they admit to having sex with the underaged person they are essentially admitting to having committed Rape. In Massachusetts you will be prosecuted for Statutory Rape. There are defenses to these charges making it important for anyone accused of a Sex Crime in Massachusetts to contact an Experienced Massachusetts Criminal Lawyer at once.

Continue reading "Gloucester Man, 21 Charged With Rape of a Child (Statutory Rape) For Having Sex With a Fourteen Year Old on New Year's Eve" »

David Anderson of Salisbury, Massachusetts has been charged with Possession of Child Pornography and Unlawfully Videotaping Persons in the nude. According to a report in the Lawrence Eagle Tribune, Anderson's former wife found nude video pictures of unsuspecting young female relatives. The girls were between the ages of ten and thirteen. She contacted police in Newtown, Connecticut, a town where Anderson also resides. The police in Connecticut contacted the Salisbury, Massachusetts police who in turn applied for and obtained a Search Warrant. According to authorities, computer hard drives were seized and analyzed. On them are thousands of images of young women. The women came into contact with Anderson through internet advertisements offering money in exchange for internal examinations. The examinations consisted of digital intrusions that were photographed. Anderson's activities might have occurred over the course of several years. The case in now pending in the Newburyport District Court but will likely be prosecuted in the Essex County Superior Court in Salem. Anderson has a pending Child Pornography case pending in another state.

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Massachusetts Child Pornography Defense Law Firm

Child Pornography Possession Attorney in Massachusetts

So how would a Massachusetts Criminal Lawyer defend a case like this one? The answer is pretty simple. Get the search declared unconstitutional and it is unlikely that the prosecution will be able to go forward with its case. How likely is that? Well, that all depends on how well the affidavit in support of the Search Warrant was written. In cases like this one the credibility of the person providing law enforcement the initial incriminating evidence is at issue. In this case that person is Anderson's former wife. Since she is not identified as a "confidential informant" the standard for determining her credibility is somewhat relaxed. She receives an enhanced status when her credibility is being evaluated. One Massachusetts case stated that someone who witnesses a crime should be deemed reliable without needing to show prior reliability. In this case there should be a caveat to that. One can reasonably conclude that a former spouse's credibility might be in doubt where the relationship is shown to be hostile. Thus, there would need to be independent corroboration to the allegations made by Anderson's wife in this case.

This article suggests that Anderson might have additional problems developing in the near future. The police are trying to identify the women whose images were taken during the "examinations". As they come forward I would expect the charges to mount along with the strength of the district attorney's case. Defending this case is not going to be an easy task and the consequences of a conviction will likely implicate a jail sentence.

Continue reading "Massachusetts Man Arraigned in Newburyport on Charges of Possession of Child Pornography, Unlawfully Videotaping People in the Nude" »

According to a report in Boston.com, Ciro Reyes-Palma, a Massachusetts man was in the middle of a Rape of a Child trial in Great Barrington. He was facing eleven counts stemming from allegations that he committed Rape of a girl over a three year period. The Sexual Assault began in 2009 and continued until 2011. Authorities learned that Reyes-Palma fled to Mexico on Saturday. Despite his default the trial continued. The man was convicted in his absence.

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Massachusetts Rape Defense Law Firm

Lawyers Who Defend Child Rape Cases in Massachusetts

This case brings up the interesting issue of how judges and lawyers handle cases where the accused defaults during trial. Massachusetts Rule of Criminal Procedure 18 states that "[i]f a defendant is present at the beginning of a trial and thereafter absents himself without cause or without leave of court, the trial may proceed to a conclusion in all respects except the imposition of sentence as though the defendant were still present." That is what occurred here. The right to be present at one's trial is deemed waived or forfeited where the accused does one of two things. If he voluntarily absents himself from the trial his appearance is deemed waived. Or, if his conduct is disruptive to the proceedings a judge in his discretion may order the defendant secluded. In the latter situation the defendant is usually placed in a separate room where he can view the proceedings alone. If a defendant fails to show up during the trial the judge has to decide whether the trial should continue or whether mistrial should be granted. The judge's job is to determine whether the defendant's absence is with or without cause and whether or not it is voluntary. Thus, typically some sort of investigation is undergone and a hearing follows. The record must show what efforts were taken to find the defendant and what evidence has been gathered in relation to his default.

Here, I imagine that is what the judge in fact did and decided that given the defendant's flight to Mexico the trial should continue. The bigger problem in situations like this the judge can charge the jury on consciousness of guilt. Naturally, if this instruction is given the jury will believe that the defendant's mid-trial default was due to his belief that things were not going his way and that he was going to be convicted. As a practical consequence, the defendant's sentence will probably be substantially greater than it would have been had he remained in court for the duration of the case. Similarly, he can be charged with another crime for defaulting in the middle of his trial.

Continue reading "Massachusetts Man Charged With Rape of a Child Flees During Trial, Jury Returns Verdict in his Absence" »

According to a report on Boston.com, four Massachusetts men have been charged with Rape following an incident alleged to have occurred at a Massachusetts college on October 13, 2012. Prosecutors claim that on the date of the incident the defendants texted the victim indicating a desire to go to her dormitory. She responded that she did not want them to visit. They ended up travelling to the school and were able to enter the complainants' dorm room despite the fact that she was out at the time. She returned. By her own admission, the woman drank a couple of beers, smoked some marijuana and drank nine or ten shots of vodka. At one point one of the defendants shut off the lights. Afterwards, the four proceeded to rape her. Three left and one stayed behind and continued to rape the woman. The next day one of the accused received a text from the woman accusing him and his friends of Rape. The man texted back an apology. The woman told this defendant in a text that if she was paid two thousand dollars she would not report the incident to the police. The defendants were trying to meet the demand at the time of their arrest. Bail for each was set in the amount of ten thousand dollars cash. Three of the defendants are eighteen. The other is seventeen.

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Massachusetts Rape Defense Law Firm

Sex Crimes Defense Attorney in Boston, Rape, Sexual Assault

As a Massachusetts Criminal Defense Lawyer I look at these facts and scratch my head. Rape is a horrific crime. A rape of this nature is even more horrific. Yet if the events transpired as the woman claims I would expect to see all sorts of corroboration with her story. Did people in her dorm hear what was going on? Did she scream or cry for help? Was she being held down? Do medical records support her claims? What was the role of each of the accused in this act? Why did one of the accused stay around for a while? How long did he remain there? What did the other occupants of the dorm see? Why would someone who was raped be looking for two thousand dollars? How did the complainant know the defendants? A review of this article suggests that this event was something other than the what was described by the prosecutor in court.

This article also brings to light one of the cautions I raise in many of my blog posts. Do not talk. Do not put anything in writing. A written apology in the form of a text message can leave jurors with the suggestion that the author of the text has admitted guilt. While this is not always the case it puts the defense in the position of having to explain the meaning of the words. An apology does not necessarily mean that someone did what the accuser says he did. It does however support that complaint. An apology in the eyes of the law can be viewed as an admission of guilt. But what was this man apologizing for? For raping her? Or was this simply an apology for other behavior that does not amount to the crime of Rape?

Continue reading "Four Massachusetts Men Charged With Rape of College Student Held on $10,000 Bail" »

According to a report in Today's Peabody, Massachusetts Patch, the mayor of the Essex County city is promoting the passage of a law limiting the location where convicted sex offenders can appear. The proposal targets child sex offenders. If passed the law would be the first of its kind in Massachusetts. In a nutshell, here is how the law would work:

1. There would be the creation of "child safety zones". The areas covered would be sports facilities and fields along with the associated parking lots. Also included are parks, arcades, beaches, pools, libraries and recreation centers.

2. The targeted Sex Offenders would be anyone who has been classified either a level 2 or level 3 sex offender by the Massachusetts Sex Offender Registry Board (SORB)or someone who has been adjudicated a Sexually Dangerous Person by the courts. Additionally, the victim of the sex offender's crime would have to have been a child under the age of sixteen. Among the crimes for which the sex offender would have to have been convicted are Rape, Child Pornography, Child Kidnapping, Indecent Assault and Battery, Assault With the Intent to Commit Rape and more.

3. There are some exceptions carved into the rule. Level 1 sex offenders or people whose registering obligations no longer exist would be excluded. It would be permissible to enter the restricted area for the purpose of voting, to attend a religious service and for school parenting activities.

4. Implementation of the law would start with posting of maps of Child Safety Zones and notification sent to the offenders. Violations of the law would result in criminal charges and/or fines.

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Peabody, Massachusetts Sex Offense Defense Law Firm

Massachusetts Sex Crimes Defense Lawyer

As a Massachusetts Criminal Lawyer I see endless problems with a law like this one. When someone in Massachusetts is convicted for a Sex Crime he or she receives a sentence from the judge. That sentence is likely to include a term of incarceration and a period of probation. Once the probation is terminated that person has paid his debt to society. While there might be some collateral consequences to the sentence, i.e. the requirement to register as a sex offender, the sentencing judge assumes that what is imposed on the offender serves its intended punitive purpose. The proposed ordinance essentially adds terms of probation not imposed by the court nor contemplated by the court. Furthermore, a violation of the "probationary conditions" established by the ordinance would constitute a criminal offense not contemplated by the legislature, sentencing judge and district attorney at the time of sentencing. If passed, I can see countless challenges to this law in both the trial courts and the Massachusetts Appellate Courts.

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Thirty eight year old James Morse of Salem, Massachusetts was arrested yesterday in Danvers and charged with an array of serious Massachusetts Felonies. According to a report in today's Salem News Morse, while in Connecticut convinced a twenty six year old woman to enter his car and travel with him to engage in some housekeeping activities at his home. After getting into the car Morse threatened the woman and disclosed to her that he owned an escort service for which he insisted she work. There were two other women in the car with Morse at that time. The four travelled to a hotel in Danvers where Morse supposedly beat and strangled the woman. After the three assailants fell asleep the woman made her escape. This occurred at 10:00 in the morning. The police were called and Morse along with his two companions were arrested. Morse has been charged with several Massachusetts Prostitution related Offenses. Among the charges is Deriving Support from Prostitution and Procuring a Person to Perform Prostitution. Morse has also been charged with Kidnapping, Assault and Battery, Assault with the intent to Commit Murder, Assault and Battery by Means of a Dangerous Weapon and Resisting Arrest. The case is pending in the Salem District Court and will probably be prosecuted in the Essex County Superior Court.

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Salem, Massachusetts Sex Crimes Defense Law Firm

Danvers, Massachusetts Criminal Defense Lawyer

As a Massachusetts Criminal Lawyer I am curious about what happened to the two women who accompanied Morse. Usually people in this situation are charged along with the principle offender as joint venturers. The prosecution suggests that as accomplices they helped lure the victim into the car and perhaps made possible the allegedly horrible things that Morse did to this woman. Charging people in this situation serves two purposes. The first is obvious. It is to hold them responsible for their criminal actions. The second is to put them in a position where they feel compelled to assist the district attorney and provide evidence (in this case most likely testimony) against Morse; i.e. cooperate and get the charges reduced or dismissed. The position that these women take in this case will have a strong effect on how the prosecution proceeds against Morse.

The facts as stated in this article look somewhat suspect here. Why did the woman get into Morse's car? How did that happen? Where was she when it happened? How did the woman appear to the police when they first saw her? Did she reveal injuries consistent with having been beaten and strangled as she mentioned to the police? What about the other patrons in the hotel? What did they hear or see? I imagine that Morse's lawyer will immediately move to get an order for the hotel to produce its guest list from that evening so that the patrons in abutting rooms can be questioned about their observations. Cases like this one are often easy to try and rarely is the evidence that is used at trial as compelling as is represented at the arraignment.

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