Boston Criminal Attorney Blog

Cleveland Kidnapping: Neighbors and Witnesses Did Nothing

Wed, 08 May 2013 12:19:30 -0500

Let me start by saying, all the facts are far from out yet, so this commentary is likely premature, but needs to be said. I'm disgusted with this case, with the neighbor's actions and the inaction of Cleveland's finest. When the cops in Watertown were looking for one 19 year old who may have committed a crime, they didn't hesitate to attempt to search my house like the Gestapo.

Outreach To Injured Athletes and Amputees: Boston Marathon Tragedy

Tue, 30 Apr 2013 15:25:04 -0500

I was an athlete for my whole, two legged life and I am an athlete after my amputation. If anyone who is reading this needs to talk to someone, not because you want to sue anyone, but because you want to talk to an amputee, please call me. 617-680-6574
If you are an amputee, know an amputee, or were injured in any other way in the Boston Marathon tragedy, I would like to help. I have learned a lot since my accident, but it took years to get things figured. People reached out to me after my accident and for their icite, I am grateful.

The four year aniversary of my accident is coming up. On May 2nd, 2009, my leg was cut off when a driver cut across 4 lanes of highway in Silver City, New Mexico, driving my knee through the cooling fins on the engine of my motorcycle with her SUV. Like many of the victims of the tragic bombing on Marathon Monday, I had a field amputation, meaning, my leg was instantly cut off. Two legs to one leg, instantly, with no planning and no preparation. The thought of losing a limb never even crossed my mind. As a semi-professional downhill mountain biker, motocross racer and general daredevil, I had had thoughts about paralysis, and broken bones, but never limb loss. I'd shattered my knee cap, broken ankles, wrists and hands, even seperated my shoulder, but never once thought about life without a leg.

Life without a limb is different to say the least. It takes time and adaptation but most of all it takes a positive attitude. It took me a long time to adjust, and at the four year aniversary, I am still adjusting daily.

I was an athlete, I ran the Boston Marathon, I raced triathlons, I raced motorcycles and bicycles.
I AM AN ATHLETE, I race triathlons, motorcycles and 12 and 24 hour endurance mountain bike events. As a matter of fact, I've won more trophys as an amputee than I ever did when I had my legs, not because people felt pitty on me and gave me a trophy, but because I trained harder. I never trained harder than I did after becoming an amputee. Two-a-days, and even three-a-days, were commonplace. Looking back, I wish I had worked that hard when I was in one piece.

As a guy who's always hated pep talks, a guy who always hated people who were vocal about their positive attitudes, and life outlook, I know I may be turning some people off by writing this. I don't want to be Tony Robbins. As a guy who shut a lot of people out after my accident, I understand what some people may be dealing with. The only people who got through to me after my accident had to force their way in, and if they didn't get in fast enough, they were stiff-armed out of the way. I'm not going to show up at people's rehab facilities, but I sure wish I could. Say the word and I'm there. Or we can just email.

MY NAME IS DAKOTA MARTIN AND I AM AN AMPUTEE.

Arlington Residents Hate Bicycles: EACCC Blamed

Tue, 09 Apr 2013 16:23:15 -0500

On Saturday, voters in Arlington turned up in record numbers to say NO, to cyclists, to say NO! to bikes and most of all, to say NO! to over 6 million in tax revenue. Residents rejected $6.8 million in funding from the state and federal governments to fund a bike lane which for some reason they didn't want.

Texas Prosecutors Murdered

Mon, 01 Apr 2013 23:03:10 -0500

Kaufman County District Attorney, Mike McLelland, and his wife, Cynthia, were shot to death early Saturday in their home in the Dallas suburb of Forney. This murder came after one of his assistants, Mike Hasse, was shot to death outside the north Texas county's courthouse. At this time, it is unclear whether the killings are linked, but the killings followed warnings that a white supremacist group might be preparing to take revenge on law enforcement officials. Both of the attorneys began carrying guns after the threats, but it was, sadly, not enough of a deterrence.

"This whole thing is shocking to all of us," said Kaufman County Judge Bruce Wood during a Monday news conference. "I would be less than honest if I told you I was not worried."

Double Jeopardy to Be Tested by Amanda Knox Retrial Order

Thu, 28 Mar 2013 16:09:33 -0500

On Tuesday, the Italian Supreme Court ordered a retrial from Amanda Knox for her roommate's murder. This decision could lead to difficult issues regarding the meaning of double jeopardy, especially if she is found guilty in the new trial.

Will Amanda Knox Face Retrial?

Mon, 25 Mar 2013 15:43:19 -0500

Early Monday afternoon, Italian Supreme Court judges concluded a hearing regarding whether or not to order Amanda Knox to stand trial again for the death of her former roommate. They are expected to announce their decision within hours.

Knox was convicted for the 2007 death of Meredith Kercher and spent four years in jail before the conviction was overturned by an appellate court. She returned to the United States in 2011.

However, prosecutors still believe that Knox and her former boyfriend, Raffaele Sollecito, are responsible for Kercher's death.

If the Italian Supreme Court orders a retrial, the Italian government would need to appeal to the U.S. government for her extradition. However, U.S. officials might reject that request because it violates the U.S. legal principal of double jeopardy - that a criminal defendant can't be tried twice on the same allegation. Italy lacks the prohibition that prevents authorities from retrying a criminal defendant who has been acquitted of a charge.

This case began in 2007, when Knox began studying at the University for Foreigners of Perugia and shared a room with British student, Kercher. In November, Kercher's semi-naked body was found with her throat slashed. Knox and Sollecito were arrested for the crime and convicted two years later, but appealed the verdicts. In addition, another man, Rudy Guede, was also convicted of the killing.

Both Knox and Sollecito have been trying to return to a normal life after the acquittal. Francesco Sollecito, father of Raffaele, told CNN in a phone interview last year that the family was "not happy about the decision (to appeal). My son is trying to get back to normal life."

"We can do very little in this situation," he said, but as Italian citizens, they would have to accept the court's decision. "We hope that the high court will finally put the words 'the end' to this story."

An update will follow this article when a decision is reached.

New York Man Pleads Guilty to Charges After Faking Own Death

Fri, 22 Mar 2013 11:52:20 -0500

Raymond Roth, 48, of Massapequa, New York, who was accused of faking his death last summer, pleaded guilty to conspiracy charges yesterday. He was first reported missing by his son, Jonathan Roth, who reported that he disappeared into the waters off Jones Beach last July. An extensive search was conducted involving multiple agencies before it was learned that the missing man had been pulled over in South Carolina for speeding.

Steubenville, Ohio: High School Football Rapists Convicted

Sun, 17 Mar 2013 23:38:20 -0500

Two high school football players were convicted Sunday in an Ohio rape case that focused on social media. In a trial that divided the football-crazed town of Steubenville, Trent Mays, 17, and Ma'lik Richmond, 16, were found guilty of raping a drunk 16-year-old girl.

Man Left in Solitary Confinement for Two Years: WHEN CROSSING THE COUNTRY, DRIVE AROUND NEW MEXICO!

Thu, 14 Mar 2013 19:43:35 -0500

Imagine you are driving through New Mexico in a car borrowed from one of your friends, driving cross country because you are depressed and just want to get away, when you are pulled over by the police. The cop tells you that the vehicle you are driving is stolen and you appear drunk. He arrests you for DWI and then throws away the key. Once you arrive in your jail hotel, the officers think you might be suicidal so they lock you in a padded cell for three days. After that, you are transferred to solitary confinement where you're left for two years. Do not pass go. Do not collect $200 dollars. Do not see a judge.

Yeah, that just happened, to Stephen Sleven, age 59, who spent 22 months in solitary confinement in a New Mexico jail.

Do I Need a Lawyer For My Speeding Ticket?

Thu, 14 Mar 2013 16:21:07 -0500

No, but it sure helps. Showing up with a traffic ticket lawyer greatly increases your chances of beating a Massachusetts ticket. Even though Speeding tickets and other moving violations are merely civil, so you're not looking at criminal punishment, your wallet could take a hit. Paying a traffic ticket is a green light for your insurance company to raise your rates on all of your vehicles. Most people don't want to be inconvenienced by fighting a ticket, even when they are not guilty of the offense. Don't let Massachusetts reach in your pocket. Hire Dakota D. Martin to fight for you. In many cases, you won't even have to attend the hearing.

Judges With Beepers?

Mon, 04 Mar 2013 11:42:30 -0500

One week out of every nine months, each Massachusetts judge is required to be on call for after-hours emergencies. The system grew out of the need for protection for women encountering violence, the chief justice of the Trial Court, Judge Robert Mulligan, explained.

"We wanted to provide around-the-clock access, knowing that often the violence and the intimidation takes place after court hours," he said.

Judge's Mistake of Law Is Final. . . if you win - If you lose, just appeal!-

Fri, 01 Mar 2013 12:12:08 -0500

Last week, in a landmark decision affirming and strengthening the rule against double jeopardy, the U.S. Supreme Court ruled that a Detroit man could not be retried for burning down a home for which he had already been tried and acquitted. Double jeopardy bars re-prosecution of matters where the accused essentially won his or her freedom in a previous trial. For the people in the back of the room, defendants can't be tried for the same crime twice.

Drug Search: Sniff Up To Snuff? Supremes Side with Drug Dog

Mon, 25 Feb 2013 11:49:40 -0500

On Tuesday, the Supreme Court unanimously voted that
police do not have to document a dog's expertise
to use the animal to search someone's vehicle.
This decision overturns a 2006 Florida Supreme
Court ruling in which the court threw out a search
of a man's truck after the dog smelled drugs. They
ruled that police must extensively document the
dog's reliability for probable cause to search.

Bladerunner Amputee Oscar Pistorious Charged with Murder

Tue, 19 Feb 2013 12:09:00 -0500

On Saturday, a judge charged a sobbing Oscar Pistorius, Olympic track pioneer, with the murder of his girlfriend Reeva Steenkamp. Pistorius, who is an internationally acclaimed double amputee sprinter, is accused of fatally shooting Steenkamp at his home on Valentine's Day. Pistrous' home country of South Africa is shocked by the crime and the details that have emerged have barely begun to paint a picture of what happened.

Born without a fibula in either leg, Pistorius underwent a double amputation as an 11-month-old baby and now runs on carbon fiber prosthetic blades. He was the first double amputee to run in the Olympics and reached the 400-metres semi-finals in London 2012.

Wayland, Massachusetts Murder, The Fujita Trial Begins

Fri, 15 Feb 2013 12:06:12 -0500

Opening statements began this week in the trial of Nathaniel Fujita of Wayland, MA, who is accused of murdering his former girlfriend Lauren Astley. The prosecutor told the jury that Fujita murdered his high school sweetheart because he was embarrassed when she broke up with him and was enacting his revenge. Both were 18 years old at the time of the incident, and were college bound after recently graduating from Wayland High School.