Articles Posted in Violent Crimes

Moises Matos of Lawrence, Massachusetts is being held without bail in the Essex County Jail following his arraignment in Newburyport District Court for several Massachusetts Violent Crimes. Authorities allege that this past Sunday Matos and the victim were passengers in a car being driven by Matos forty five year old brother Henry. At some point the defendant, who was seated in the front seat, started to pull the woman’s hair. The woman was seated in the rear of the vehicle. Matos then punched the woman. He got into the back of the car and while it was moving threw her out onto the highway. The woman was treated at the scene and then taken to a Boston hospital by helicopter. She sustained two broken arms, a head injury and damage to her legs. At the hospital the victim provided detailed information to the police enabling them to arrest Matos who they located in Lawrence. Matos’ brother had been charged with OUI and Unlicensed Operation of a Motor Vehicle. Moises Matos is facing charges of Assault and Battery by Means of a Dangerous Weapon, Aggravated Assault and Battery and Assault With the Intent to Murder. The case is pending in the Newburyport but will be prosecuted in the Essex County Superior Court.

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Newburyport, Massachusetts Violent Crimes Defense Law Firm

Aggravated Assault and Battery Defense Attorney in Massachusetts, Lawrence, Newburyport, Essex County

One of the charges that baffles me in the context of this case is the Assault and Battery by Means of a Dangerous Weapon. The article states that the dangerous weapon used in the commission of the crime is the pavement. The crime of Assault and Battery by Means of a Dangerous Weapon is a felony. The applicable law is Massachusetts General Laws Chapter 265 Section 15A. There is a ten year maximum sentence associated with a conviction for this offense if the case is charged in the superior court.

Dangerous weapons in Massachusetts are classified into two categories. A “dangerous weapon per se” is something designed to inflict great bodily harm or death. Guns and knives fall into this category. They are designed for assault purposes. Other instrumentalities like razors, tools, pocket-knives are not per se dangerous weapons. However, these items can be viewed as dangerous weapons if used in a dangerous manner. Other examples of non per se dangerous weapons are broomsticks, phone cords, riding crops, walking sticks and cars. I have never heard of pavement in this context being considered a dangerous weapon. We recently succeeded in getting a charge of Assault and Battery by Means of a Dangerous Weapon dismissed where the victim after being struck by the defendant fell into a refrigerator. The refrigerator was deemed the dangerous weapon by the district attorney. The judge threw this out after we convinced him that something that someone falls into during the course of an Assault and Battery cannot be considered a dangerous weapon if not used in that manner. Similarly, I believe that this charge should fail as to Mr. Matos.

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Yesterday the Massachusetts Supreme Judicial Court issued its opinion in the case of Commonwealth v. Chambers. Chambers was tried in the Suffolk Superior Court for the death of Edward Quiles. The district attorney proved that in the winter of 2008 Chambers lived with the victim and another (Ceurvels) in an apartment in Boston. All three were drug users abusing Cocaine and Heroin. Ceurvels witnessed the incident and testified at trial to the following: The night before the killing Chambers and Quiles were injecting Heroin. They fell asleep around 4:00 a.m. the next day. They woke up to Quiles yelling about a missing gram of heroin. They went back to sleep again. Later that afternoon Quiles woke the other two again complaining about some missing heroin. Chamber and Quiles looked around the apartment for the drugs. Ceurvels left for a while. Ten minutes later Ceurvels returned to find Chambers and Quiles in “an all-out brawl”. Ceurvels then saw blood on the floor and heard Quiles yell to Chambers that Chambers had stabbed him. Ceurvels left the apartment and through another notified the police. He never saw a weapon. The police entered the home and found Quiles dead. The medical examiner testified that Quiles died from a stab wound to the neck.

Chambers was arrested. At the police station he stated that Quiles was high on drugs and that he had accused Chambers of stealing his drugs. He stated that Quiles produced the knife, punched him in the head and called one of his friends to come over and kill Chambers. Chambers also said that Quiles had threatened to stab him and would not let him leave the apartment.

Before the trial started the defense requested and obtained evidence of specific acts of violence committed by Quiles. The district attorney tried to exclude this material at trial. The judge agreed to permit Chambers to admit this evidence, specifically that in 2006 Quiles and others Assaulted and Robbed another individual. The collateral evidence is known as “Adjutant evidence”. Relying on this ruling the defense attorney mentioned this in his opening statement. During the trial, the judge changed her mind on the admissibility of the Adjutant evidence. In doing so she ruled that since the identity of the first aggressor was not an issue at trial Adjutant did not apply. The Supreme Judicial Court held this to be error. It concluded that Adjutant applies “where there is a dispute at trial as to who threatened or struck the first blow or as to who initiated the threat or use of deadly force”. The improper restriction on the use of the Adjutant evidence coupled with the judge’s failure to remedy defense counsel’s reference to this in his opening statement warranted a reversal of Chambers’ conviction.

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Earlier today Methuen, Massachusetts police responded to a report of a fight occurring just outside of a Methuen fast food restaurant on Route 110. In total, five people were arrested. The incident occurred just after midnight when one of the accused allegedly insulted a female. Words were exchanged between the two groups, one consisting of five individuals the other having three. One of the individuals in the larger group used a metal pipe beat and stab the three victims. One of the injured parties sustained injuries to his head and was taken to the hospital where he remains in serious condition. Four or the individuals arrested face charges of Assault and Battery by Means of a Dangerous Weapon. The other has been charged with Assault With Intent to Murder as well as Assault and Battery by Means of a Dangerous Weapon. The charges are now pending in the Lawrence District Court. Depending on their criminal records and the severity of the injuries this case may be prosecuted in the Essex County Superior Court in Salem.

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Methuen, Massachusetts Criminal Defense Lawyer Defending Violent Crimes, Assault Cases, Stabbing Cases

This article mentions the suspects being detained not far from the crime scene for the purpose of witness identification. This issue comes up regularly in Massachusetts Criminal Cases. Prosecutors need victims to make identifications of their assailants. Yet there are constitutional restrictions on the manner in which these identification procedures can be implemented. If the procedure is not followed correctly the accused’s Massachusetts Criminal Lawyer can bring a Motion to Suppress the Identification Procedure. If successful, the fact that an identification of the defendant was made might not be admissible at trial. Absent an independent source for the identification of the defendant the case might be dismissed.

There are many types of identification procedures used by law enforcement in Massachusetts and throughout the country. There are photo arrays, line-ups, show-ups and more. The procedure used here is commonly known as a “show up” identification procedure. This usually takes place at or near the crime scene. Potential suspects will be detained for a period of time, usually enough time to get the victim or witness over to view the individual. The victim or witness is typically concealed in a police cruiser and taken to the scene to see if he or she can identify the person being detained as having been involved in the crime. The Massachusetts Supreme Judicial Court views this procedure as “inherently suggestive”. These procedures present the greatest risk of mistaken identification. However, trial judges often deny motions to suppress these procedures and rarely is that decision overturned. Judges are to look to the totality of the circumstances in determining whether or not the identification procedure was unnecessarily suggestive so as to warrant suppression. It is the job of the defense attorney to present evidence showing the suggestive nature of the process. This can be done directly, through cross-examination or both. The district attorney is accountable to show that good reason for the procedure existed. The judge will look at factors such as the need for an efficient police investigation immediately following the crime and the usefulness of a quick confirmation of the police investigatory information.

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Today, in a 5-4 decision the United States Supreme Court issued its opinion in Maryland v. King. The ruling allows police to take a DNA sample from a suspect who has been arrested. Summarized, the decision written by Justice Kennedy holds that when the police make an arrest supported by probable cause and take the person to the station for detention the taking of a DNA sample with a buccal swab is a legitimate booking procedure and is not violative of the Fourth Amendment rights of the accused.

In King the Supreme Court articulated as facts the following: In 2003 there was a home invasion in Maryland during which a woman was Raped by the assailant. The victim was unable to identify the attacker and the police investigation was unsuccessful. Through the victim the perpetrator’s DNA was obtained. In 2009 the defendant was arrested for a Violent Crime. As part of the booking procedure, and pursuant to a Maryland DNA collection law, a DNA sample was taken. A national database, CODIS, matched the defendant’s DNA to the sample saved from the 2003 rape. The Maryland law successfully challenged by the defendant and the case found its way up the United States Supreme Court.

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Maryland v. King

Upholding the Maryland DNA collection law and overturning the Maryland Appeals Court decision the majority in King came to the following troubling conclusions: 1) accurate identification of the suspect is well served through this process, 2) this process reduces inordinate detention risks helping to ensure the safety of the facility staff, the detainee and other detainees at the facility, 3) DNA collection reduces the risk of flight and the subversion of the administration of justice, 4) DNA collection helps with a judge’s determination of bail and 5) the law serves to prevent the detention of innocent people being held for crimes that they did not commit.

The dissent in King was nothing less than scathing. It reasoned that identifying King was not an issue in this case. The Maryland statute permitting the DNA collection forbids testing the DNA sample until after the arraignment. The DNA sample was not matched until four months after the arrest. The Maryland statute provided two situations where the DNA could be tested. One to identify human remains and the other to identifying missing persons. Nothing in the statute permitted testing the DNA for any other purpose. Doing so according to the Maryland law constitutes a crime. The dissent went further stating that “law enforcement’s post-arrest use of fingerprints could not be more different from its post-arrest use of DNA”.

There are additional flaws to this decision not discussed in the dissent. Here is just one of them to think about. Through DNA testing it has been discovered that fifty percent of a person’s personality traits are imbedded in his or her genes. Taking DNA samples in accordance with the Maryland law will enable law enforcement to profile people and their families through these DNA test disclosures. It will not be long before prosecutors try to use this information in court in support of their prosecution.

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This past Saturday night in Hingham, Massachusetts the police broke up a house party. While doing so they arrested sixteen minors and one adult. The minors face charges of Minor in Possession of Alcohol and Disturbing the Peace. The homeowner is also being charged with a crime; Violating the Massachusetts Social Host Law. When the police responded to calls complaining about the party bear bottles were hurled at them. Backup officers were called and arrests were made. Several other youths fled into the woods and were not apprehended. The case is being prosecuted in the Hingham District Court.

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Hingham, Massachusetts Criminal Defense Law Firm

Lawyers Who Defend Social Host Violations in Massachusetts

While I am not sure exactly under which statute the homeowner is being prosecuted Massachusetts General Laws has criminal provision for people who provide alcohol to people under the age of twenty one. The law, Massachusetts General Laws Chapter 138 Section 34 states that anyone who gives any alcoholic beverage to someone under the age of twenty one is guilty of a misdemeanor and can be sentenced by a fine of two thousand dollars and a one year jail sentence.

As a Massachusetts Criminal Lawyer I see these charges typically being filed this time of year. They stem from high school graduation parties. Most parents are not aware of the law and cannot foresee problems with permitting minors to drink alcohol at their homes on these occasions. Many adults reflect back to when they graduated from high school remembering how they celebrated that day. They figure there is no harm in passing along the tradition. They assume the graduates will act appropriately and the event will be a happy one that runs smoothly. In doing so they are unaware of several factors that can result in them being charged with a crime. The laws have changed. Since the drinking age was raised fewer high school students have access to alcohol. Beer has been passed over for vodka or other types of hard alcohol. It is easier to conceal. It also however leads to acute intoxication that can be hazardous to anyone, especially the inexperienced high school aged drinker. When the police get called to a house party where minors are consuming alcohol they cannot ignore what they see. Arrests are made, parents are called and criminal charges are filed. And now, the parents hosting the party get charged as well. This case is a perfect example of what happens in these circumstances. The minor drinkers could not control their behavior to the point where the police were called. To compound matters they threw bottles at the officers. Obviously this cannot be overlooked and the person who permitted them to do so is facing criminal charges in court.

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Just a few days ago police found Learde Rodriguez at an apartment on Lowell Street in Lawrence, Massachusetts. The twenty-three year old was arrested in connection with a shooting alleged to have occurred in Haverhill, Massachusetts just over one month ago. Rodriguez also faces charges in Lawrence for the same crime. The Haverhill incident occurred in the early evening hours. Police responded to a call for a shooting and arrived to find the victim riddled with gunshot wounds. A short while later a car with the windows shot out arrived at the police station to report the incident. There is no information as to how or why the police believe Rodriguez to be involved in the case. It is probable that Rodriguez will be held without bail due to the dangerousness of the crimes he is facing. Additionally, these cases will likely be prosecuted in the Essex County Superior Court in Salem, Massachusetts.

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Lawrence, Massachusetts Assault and Battery Defense Lawyer

Haverhill, Massachusetts Lawyer Who Defends Violent Crimes

One thing I noticed while reading this article is the reference to Rodriguez being a member of the Trinitario Gang. This gang originated as a New York City prison gang. It was created for Dominican prisoners who were drug dealers and who had been encountering problems with the Latin Kings during their incarceration. The gang was formed for their protection in the jails. The gang spread to the streets and although primarily in the New Jersey and New York areas they are spreading to Eastern Massachusetts. Their weapon of choice is the machete. This past December forty such gang members were arrested and charged with an assortment of Violent Crimes in New York including Gun Charges, Drug Charges and Conspiracy.

Cases like this one can be difficult for the district attorney to prove. If Rodriguez was involved in these crimes I imagine that there was either a gang related motive or a drug relative motive or both. Gang members and drug dealers are reluctant to come into court to testify. They fear their own exposure for the crimes that they committed. They also fear retaliation from the people and gangs against whom they testify. In major cities prosecuting these cases is often a nightmare. Corralling the witnesses and getting them to cooperate honestly often borders on impossible. And what about their credibility? Most of them come with heavy baggage and getting jurors to believe what they have to say is not easy. Defending these cases is always a challenge but often defense attorneys feel that they have the upper hand. Rarely do witnesses come into court with clean hands. There are seldom independent eyewitnesses to these types of crimes. The witnesses are typically drug dealers and rival gang members who are easy to impeach. The outcome to this case should be interesting.

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The Lawrence Eagle Tribune posted a couple of articles concerning Cameron Dambrosio, the eighteen year old Methuen, Massachusetts High School student accused of posting terroristic threats on his Facebook page. Apparently Dambrosio’s threats suggested that he wanted to kill people and engage in acts more significant than the recent marathon bombings. Dambrosio’s home was searched and an Xbox and a computer were seized. Due to the nature of some of the threats involving the federal government as targets the FBI was notified about the case.

The case was first brought to the attention of Methuen authorities by students at Methuen High School who saw the Facebook posts. Consequently the police were notified. The posts were characterized as “alarming”. Most of the threats were general. They were not directed towards anybody in particular. Bail was set in the amount of one million dollars. The case is currently pending in the Lawrence District Court where Dambrosio faces a felony charge of Communicating a Terrorist Threat.

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Lawrence, Massachusetts Violent Crime Criminal Defense Law Firm

Lawyers Who Defend Felony Crimes in Essex County Massachusetts

I imagine the statute under which Dambrosio is being prosecuted is Massachusetts General Laws Chapter 269 Section 14. The law as currently written was enacted in 2002, largely in response to the September 11, 2001 attacks. The portion of the law applicable to this case is subsection (c) which states that anyone who communicates a threat that causes serious public alarm is guilty of a felony. The punishment for a conviction of this offense is a minimum three year in state prison or a minimum six months in the county house of correction. If the case is prosecuted in the Superior Court there can be a maximum twenty year sentence imposed. Although this law is over ten years old there is only one case in Massachusetts interpreting this law and that case, Commonwealth v. Kern, 449 Mass. 641 (2007) focuses on a limited aspect of the statute. As a Massachusetts Criminal Lawyer one issue that may effect the direction of this case is the definition of the phrase “causing alarm” inherent in the statute. I find it somewhat amazing that with all the social media available to everybody today there is very little appellate litigation involving this statute.

What interests me most about this case is the blog comments posted beside the article in the Lawrence Eagle Tribune. Some suggest a First Amendment defense to this case. That is always an interesting defense to criminal cases. Rarely do lawyers use this type of defense. There are cases however and this might just be one of them where the right to free speech might be used successfully before a jury.

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An article in today’s Boston Globe discusses Judge Denise Casper’s first significant ruling in the James “Whitey” Bulger case, one that involves assuring the anonymity of a confidential informant. Bulger’s lawyers argued that one of FBI Agent John Gamel’s informants should be identified so that the defense can impeach government witness Kevin Weeks. Weeks previously stated under oath that he, Bulger and two others legitimately won a 1991 Mass Millions prize in excess of fourteen million dollars. The confidential informant who the defense wants to unmask has contradicted this claiming that the lottery money was not legitimately won but rather a money laundering scheme. Reasoning that there is no connection between the crimes charged and the lottery winnings the judge refused to order disclosure of the informant’s identity. She specifically wrote that “Contrary to Bulger’s argument, there is still reason to preserve the CI’s anonymity. The key consideration is not that there is no pending investigation or other law enforcement interest remaining in the underlying matter, but that the qualified privilege presumes confidentiality unless the burden to disclose such information is met … This assurance of anonymity is essential.”

So when if fact does Massachusetts require the informant’s identity to be disclosed? Like most jurisdictions, Massachusetts recognizes the government’s privilege not to disclose the identity of a confidential informant. The Massachusetts Courts endeavor to protect the safety of the informant by maintaining anonymity. The courts also acknowledge that the privilege helps the police in investigating criminal activity. The privilege however is not absolute. The standard for requiring disclosure in one of materiality particularly at the trial stage of the proceedings. Disclosure is often required where it bears on the issue of guilt or innocence. If the confidential informant participated in the crime charged disclosure will be ordered. Also, if the informant was a percipient witness to the crime alleged and is the only civilian witness disclosure will be ordered. In essence, a balancing test is done by the judge to see whether applying the privilege would result in an unfair trial for the defendant.

As a Massachusetts Criminal Lawyer I can certainly see why the defense would want this person’s identity disclosed. Weeks and several other government witnesses in this case cut deals that resulted in reduced jail sentences in exchange for their testimony. Naturally, attacking their credibility is a major consideration to the defense. The lottery matter is not irrelevant in the context of this case. The crimes charged go back more than three decade. They include money laundering, which is precisely what the confidential informant said the lottery winnings were about.

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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.

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On April 3, 2013 eight firefighters responded to a call in Rowley, Massachusetts. A shed had burned down and reports stated that the fire was spreading. A couple of hours later everyone returned to the Rowley Fire Station. An argument between the fire chief and one of the firefighter’s followed. Apparently that argument became physical. The police investigated the matter and later that night an application for a criminal complaint was filed in the Newburyport District Court. The case has been scheduled for a Clerk Magistrate’s Hearing next week. The charges being sought are Assault and Battery.

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Newburyport, Massachusetts Assault and Battery Defense Law Firm

Violent Crimes Defense Attorney in Massachusetts

There is a process for the issuance of criminal complaints in Massachusetts that involve misdemeanors where the accused is not under arrest. The law establishing the procedure is Massachusetts General Laws Chapter 218 Section 35A. That law states that the accused shall be given the opportunity to be heard and to oppose the issuance of the complaint. The exception is where there is an imminent threat of bodily injury, flight or the commission of another crime. The Clerk Magistrate conducting the hearing weighs the evidence and makes the determination as to whether probable cause exists to believe that a crime was committed and that the accused is the person who committed the crime. Probable cause is the lowest standard in the criminal legal system in Massachusetts.

These proceedings, commonly known as Clerk’s Hearings, are limited in scope and for a complaint to issue either the victim or a police officer simply needs to lay out the allegations. There is no right to cross-examine witnesses at these hearings. Once a criminal application is filed by a civilian in Massachusetts a Clerk Magistrate must act on it. The finding of probable cause does not mean however that the Clerk Magistrate must issue the complaint. The clerk can refuse to issue a complaint. The clerk can hold the issuance of the complaint and afford the parties the opportunity to resolve the case without criminal court action. The clerk can continue the matter for a period of time with the understanding that a complaint will not issue provided the accused stays out of trouble or makes restitution. The function of the Clerk Magistrate in these matters is not only to make probable cause determinations but to screen out nuisance or petty cases to help keep the criminal courts running smoothly. Any Massachusetts Criminal Lawyer will tell you that the Clerk Magistrate Hearing is a wonderful opportunity to resolve a case without judicial intervention. This is where jobs, reputations and a person’s liberty can be saved without excessive cost, litigation or embarrassment. Good, experienced clerks know the value of a case and will always work hard to promote justice at its earliest stage. As a matter of fact, a significant number of clerk magistrates in Massachusetts are in fact lawyers and have practiced for years before their appointment.

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