Boston Criminal Lawyer Blog

MASSACHUSETTS JURIES ARE WARNED ABOUT POSTING STATEMENTS ON SOCIAL MEDIA

Wed, 16 May 2012 10:49:05 -0500

The Massachusetts jury is the subject about which we left off last week. As this week began, the subject matter has become fodder for not only the Boston Criminal Lawyer Blog, but also for the main media and Boston’s Appeals Court.

The immediate issue is, in some respects, a new one. Yet, the theory behind it is anything but new. However, the admonition I had given you in previous blogs comes to mind. Remember that all participants of the criminal justice system are merely human. That includes juries. When you add to the mix that people are, by nature, curious, and that most jurors try to “do justice”, the issue is inevitable.

Jurors in both civil and criminal trials are routinely told not discuss matters in which they are sitting and to avoid any publicity about said case. This is because the jurors, while still holding onto their common sense and life experience, are supposed to return a verdict based only on the evidence when was admitted in the case together with the law as the judge gives it to them.

Or, rather, their perception of those things, to be more realistic.

Anyway, in recent years, Massachusetts judges have added the existence of the internet stories and research to the laundry list of things jurors should avoid. Now, the Appeals Court has told judges that they need to do more to stop jurors from, not only researching, but also posting information about cases on Facebook, Twitter and other social media sites.

The new instructions came in a recent ruling in a larceny case in which two jurors posted comments on Facebook, which then elicited sometimes derogatory responses from the jurors' Facebook friends.

Examples?

BOSTON FEDERAL JUDGE WOLF RULES ON DEATH PENALTY IN MURDER CASE; GOVERNMENT TO APPEAL

Thu, 10 May 2012 21:39:07 -0500

The Boston Criminal Lawyer Blog is often complaining that Constitutional rights and criminal justice incidentals like the presumption of innocence are often ignored once a person is accused of a crime. I stand by those complaints, but I often add the proviso that this tends to change somewhat when the matter goes to trial.

This is where these rights get taken a bit more seriously. Particularly after the trial if it appears something serious went wrong.

The case of Gary Lee Sampson (hereinafter, the “Defendant”) has hit the media again. The Defendant was accused, and convicted, of the murder of three people in Massachusetts and New Hampshire during a bloody killing spree.

After the jury found the Defendant guilty, it sentenced him to death. While the Death Penalty does not presently exist in Massachusetts state law, it still is very much alive in the federal justice system..

Before our government could kill the Defendant, however, a little bug in the criminal justice ointment came to light. There existed a real question as to whether the Defendant had received a fair trial.

After a hearing, Boston United States District Court Judge Mark L. Wolf found that a female juror, whom His Honor would only identify as “C”, “persistently committed perjury” when she did not disclose during jury selection that she had been a victim of domestic abuse. Had she simply been honest, Wolf said, “She would have been excused for cause.”

Today’s order affirms a decision Wolf made in October, and potentially lines Sampson up to be retried, but only to determine if he will be executed or condemned to a life behind bars.

“A second hearing to determine whether Sampson should live or die will be lengthy, expensive, and anguishing for the families of Sampson’s victims,” Wolf said. “It is, therefore, appropriate to give the First Circuit the opportunity to decide whether the decision that a second sentencing hearing is legally required is now appealable.”, Wolf wrote.

In other words, the prosecution could appeal the judge's decision.

BURLINGTON IS SCENE OF GRUESOME DOMESTIC VIOLENCE TURNED HOMICIDE CASE

Tue, 08 May 2012 11:03:02 -0500

…And the Boston Criminal Lawyer Blog begins the week with a bit of horror out of Burlington, Massachusetts.

According to authorities, Christopher Plantedosi (hereinafter, the “Defendant”) was the featured player in this particular piece of massive ugliness. He is said to have pursued his ex-girlfriend, Kristen Pulisciano, into their daughter’s bedroom and having stabbed her 34 times. The homicide was witnessed by someone who actually was not there.

The witness was someone with whom the daughter had been video chatting with on an iPad.

The details were delivered by the Commonwealth at the Defendant’s arraignment yesterday in Woburn District Court. The prosecutor explained that said witness both saw and heard portions of the attack, including Ms. Pulisciano pleading, “Chris, please stop, I love you,” and the Defendant saying, “You’re going to die.”

Ms. Pulisciano’s body was found at about 6:45 p.m. Thursday at her home on Forbes Avenue.

Prosecutor Nicole Allain gave more gruesome details. She argued that the Defendant showed up at the home at 6 p.m., while the 15-year-old-daughter was in her bedroom video chatting on an iPad with a friend. The girl heard her parents arguing in the kitchen and went to see what was wrong. Seeing her father with a knife, she asked, “What, are you trying to kill Mom?”

The cold answer was forthcoming.

The Defendant then chased Ms. Pulisciano, who fled to her daughter’s bedroom. The Defendant is said to have kicked down the door and attacked Ms. Pulisciano. The person the daughter had been video chatting with was still on the line as he plunged. It was not clear where the daughter was during the attack.

The Defendant is described as having used both a meat cleaver and a knife in the slaying, Allain said.

As background, the Commonwealth indicates that the Defendant and Ms. Pulisciano had a long-standing, live-in relationship that had recently become problematic. Over the course of their relationship, there had been prior allegations of violence made by Ms. Pulisciano against the Defendant. The Commonwealth also revealed that Ms. Pulisciano had tried to commit suicide in days prior to the attack and had been released from a mental health facility the day before the attack with prescriptions for antidepressants and sleeping pills.

Making the case just alittle more macabre, the Defendant was taken into custody at the Weston State Police barracks on Friday. At the time, he apparently had two handwritten notes describing details of the attack.

The Defendant was held without bail.

Attorney Sam’s Take On Domestic Violence, Murder And Insanity

In many ways, this seems to be the classic fact scenario which brought us to the point where we are today. I am referring to how serious any allegation, no matter how big or small, of domestic violence is treated by the Commonwealth. It is also why, in most cases, once the original complaint is made, prosecutors are extremely reluctant to drop charges when the complainant comes in and explains that she wants to withdraw the complaint.

ATTORNEY SAM'S TAKE ON PERSPECTIVES IN THE CRIMINAL JUSTICE SYSTEM (Part Three-B)

Fri, 04 May 2012 15:25:47 -0500

One will never be successful in understanding the criminal justice system, be they lawyer or client, until the varying and conflicting perspectives are understood. The judge, police officer, prosecutor and defense attorney approach the same case from different viewpoints. Therefore, what is "right" to one is not necessarily "right" to the others.

It is therefore not usually a question of the somebody intentionally doing the
"wrong" thing. It is not a simple equation of good vs. bad. As such, testimony which conflicts with other testimony need not be a lie.

Ever play a game of "telephone"? We seldom witness and remember facts. We remember feelings and facts.

As much as math and I seldom get along, let's put it thius way:

Feelings + facts = perspectives

The prosecutor assumes that the defense is guilty. After all, her witnesses, particularly police officers, said so. Police officers are held to a higher standard and so the assumption is they always live up to that standard and never lie, never mis-interpret.. They are never dishonest. The defendant, whether or not she can convince a jury, is, in fact guilty. Nothing else makes sense.

The defense attorney is charged with doing all he can, within ethical and legal guidelines, to defend the defendant. He cannot assume that the witnesses against his client are telling the truth if his client tells him that they are lying. Sure, a defense attorney has a gut reaction to that client as to how reliable he may be…but we are only human and humans tend to see what we want to see. After spending a certain amount of time in the system, one experiences instances where police officers are in fact undeniably lying. Not all. Not always. But it happens. A lot. But then, it is the officer’s word against yours…and who is going to believe you? You are a defense attorney!

OHIO DEPUTY SHERIFF FIRED FOR HOSING “DANCING WITH THE INMATES” (Part Three-A)

Fri, 04 May 2012 15:23:49 -0500

He is not from Boston, but I am willing to bet that when Dominic Marrtucci (hereinafter, the “Deputy”) left home to go to work at Ohio’s Summit County Sheriff’s Office on April 10 or 11th, he did not go with the intent to do something stupid.

Or actionable, for that matter.

However, that is what he is alleged to have done. And as a result, he has lost his job.

According to pending allegations, the Deputy ordered five jail inmates to dance to a song by Usher in exchange for privileges such as using a phone or microwave, according to the sheriff's office.

The inmates were apparently locked up in a disciplinary area. Every show needs an audience, of course, and so the Deputy is said to have invited colleagues to watch.

After the resulting internal investigation, the 35-year-old Deputy was fired this week as the show violated department policies by mistreating inmates, acting inappropriately and having a cellphone in the jail, apparently used to play the music.

According to reviews, one inmate did “the worm” as the Deputy played Usher's "Yeah!" while another did the robot so that he could use a phone to contact relatives after a family member's death. The internal report also claims that inmates were asked by the Deputy to do a "bump and grind" routine if they wanted a recently removed microwave returned to their unit.

BOSTON COMMON IS THE LATEST SCENE OF THE CRIMINAL JUSTICE SYSTEM’S “DIRTY LITTLE SECRET” (Part Two)

Wed, 02 May 2012 18:04:24 -0500

Everybody is shocked. If you are a regular reader of the Boston Criminal Lawyer Blog, you shouldn’t be.

You know the dirty secret which everybody likes to ignore...to everybody’s detriment.

Let’s take this latest story as yet another example of said truth...

Allie, herein after referred to as "handgrip" does not want to be identified. Handgrip does, however, want to bring an allegation against law enforcement because of their handling of a Tea Party protest on the Boston Common. Specifically, handgrip is contemplating legal action against Boston police officer Vaden Scantlebury (heir after the "officer") who was photographed with his hand around Handgrip’s throat.

Yes, Handgrip was a protester...while Handgrip could get the words out, that is. Handgrip indicates that Officer’s hand was used to push and not choke.

“He pushed me,” Handgrip explains. “I turned to him and said don’t push me. … Then he got angry. He grabbed me by the neck and then pushed me by the neck. He didn’t choke me.”

Boston police said they are scrutinizing the photo, which was taken by a 22-year-old college student, who uploaded it and other photographs of the event on the picture-sharing website Flickr.

“We need to review the totality of the circumstances and get a sense of what occurred before and after” the incident, Boston police spokeswoman Elaine Driscoll said.

handgrip said Officer’s actions seemed inappropriate and the protester is considering legal action, although Handgrip was not specific.

Police arrested three people that Sunday at the Boston Common, where Tea Party activists, who had secured a permit to gather, clashed with counter-protesters, many of them representing the Occupy movement. At one point, several protesters charged the spot where Tea Party activists were speaking.

Handgrip said that He or she came to the rally to represent gays, lesbians, and transgender people.

ONCE AGAIN, THE BOSTON CRIMINAL LAWYER BLOG ASKS, "WHO WATCHES THE WATCHERS?" (Part One)

Thu, 26 Apr 2012 06:34:49 -0500

In my last blog, I mentioned that we had an exclusive to reveal. At first, it may seem as though it has little to do with the criminal justice system. That, however, would be incorrect. I think the story to which it relates has a great deal to do with those who are supposed to be helping the blind lady hold the scales of Justice.

On Tuesday, April 17, 2012, every member of the Senate and House Judiciary Committee received a little gift. The gift contained a copy of the book Mary’s Mosaic: The CIA Conspiracy to Murder John F. Kennedy, Mary Pinchot Meyer, and Their Vision of World Peace by Peter Janney as well as a letter from Tony Lyons, the President Skyhorse Publishing, which published the book. The book is one which should and would, but for our complacency as a nation, prompt, severe and painstaking revisiting of our government and our “watchers”.

That sounds somber and too thought-provoking, especially in an election year, so, of course, that is not likely to happen. I am not running for public office, though, so I will bring the subject matter up to your attention and explain why it matters to you.

The letter contained a plea to the above recipients, as well as Attorney General Eric H. Holder, Jr., FBI Director Robert S. Mueller III and U.S. Attorney for the District of Columbia Ronald C. Machen, Jr. to open hearings regarding the 1964 murder case of Mary Pinchot Meyer.

The name of Mary Pinchot Meyer may, or may not, be familiar to you. She was a Washington artist who was also a mistress and confidante of the late President John F. Kennedy. This fact had already been established by previous publications. However, for reasons which are discoverable in the book, Mr. Janney was in a unique position to know Ms. Meyer and learn about the secrets behind her murder.

A murder, Janney’s evidence reveals, that was closely related to the murder of President Kennedy.

In fact, the painstakingly and detailed research reveals compellingly strong evidence that demonstrates the role of the CIA played in the 1964 murder of Ms. Meyer. Janney also demonstrates that Ms. was “terminated” by the CIA because of her intention to reveal what she knew about the role the Agency played in the assassination of President Kennedy in Dallas eleven months earlier.

She was also about to debunk the results of the Warren Commission Report regarding the assassination and reveal , and subsequent cover- up that was then taking place.

Attorney Sam’s Take On The Presumption Of Honesty Of Our Law Enforcement Leaders

“Sam…not another book about the Kennedy assassination!”

PROSTITUTION AND SEX SCANDALS IN MILITARY LAW (Part Two)

Sun, 22 Apr 2012 08:22:41 -0500

The United States service members who were part of the security detail in Colombia and now are under investigation reportedly include five Army Green Berets, two Navy Explosive Ordinance Disposal technicians, two Marine dog handlers, and an Air Force airman. Most of the 11 Secret Service agents and supervisors flown back to the United States (placed on administrative leave, their security clearances suspended) reportedly are married – which puts them in a precarious position regarding their employment with the agency…not to mention their families.

You see, adultery, like engaging a prostitute, is a no-no under military law. Further, wives do not like it very much either.

Given the shock-wave emanating through the governmental agencies this past week, it is difficult to imagine that throughout the history of war and the posting of armies far from home prostitution has been a common feature. But it has been. However, it has only quite recently, along with the issue of adultery, been specifically addressed in military law and regulation.

Proving again that “timing is everything”, the United States service members in the spotlight of scandal now not only face embarrassment and loss of livelihood, but also potential criminal prosecution for violating military law.

Under the Uniform Code of Military Justice (“UCMJ”), hiring a prostitute wasn't specifically banned until 2006 – as part of the Bush administration's effort to combat human trafficking, which frequently, it is argued, is connected to prostitution (including the involvement of underage girls).

Whether it is or not, and what to do with it, again, is another story for another blog.

Now, because of the change in the Manual for Courts-Martial, troops who patronize prostitutes can actually receive a dishonorable discharge, forfeiture of all pay and allowances and up to a year in jail. The specific definitions of “prostitution” and “pandering” are spelled out in Article 134 of the UCMJ, as are the circumstances under which such activities are considered “to the prejudice of good order and discipline in the armed forces or … of a nature to bring discredit upon the armed forces.”

THE MORTAL SIN AND CRIMINAL ACT OF PROSTITUTION REARS ITS UGLY HEAD AGAIN (Part One)

Fri, 20 Apr 2012 05:47:50 -0500

As, apparentl less important, criminal mysteries remain open in the United States, we are spending time, money and media attention on the mysteries of men hiring women for sex in another country.

Members of our military and national security organizations, have fallen prey to the ultimate evil which lurks in the heart of human society. It seems like only yesterday that the Boston Criminal Lawyer Blog was discussing our heroic and intrepid law enforcement officers of Massachusetts and their fight against this crime.

Actually, it was late last week.

In any event, the episode which brings endings to careers and embarrassment to our administration has shown that the sex industry, prostitution primarily, is an international industry.

The event took place just prior to President Barack Obama’s trip to Columbia for the Summit of the Americas. The results?

Approximately 11 Secret Service employees are under investigation; two have been fired and another has apparently decided to suddenly retire.

House homeland security chairman Representative Peter King told CNN yesterday that he expects more Secret Service employees to leave the agency as soon as today. Apparently, all the suspects are also being tested for evidence of drug use...although there have been no allegations of drugs having been involved in the incident.

The other eight members allegedly involved in the scandal are on administrative leave and have had their security clearances suspended, according to the Secret Service. Ten military personnel are also being probed for their possible participation in the incident.

The allegations brought against these people? They cavorted with prostitutes as they were awaiting the arrival of their Commander-In-Chief in Colombia.

In an election year, yet!

The men were all part of the "jump team" that flies in on military transport planes with the presidential limousine and other vehicles to be used in the president's motorcade. They apparently arrived the morning of the incident, raising questions about whether the activity had been planned in advance. Previously plotted or not, they are accused of bringing prostitutes to Cartagena's Hotel El Caribe ahead of last week's visit by the president.

ATTORNEY SAM’S TAKE OF FEDERAL CRIMINAL CASES, DISCOVERY AND “JUSTICE” (Part Two)

Mon, 16 Apr 2012 21:23:16 -0500

Hello. I hope you had an enjoyable, albeit alittle warm, Patriot’s Day. Well, at least in Massachusetts it was Patriot’s day. We tend to honor the Patriot’s of wars present and past by running the Boston Marathon. I guess that is a battle in and of itself.

But that is another story.

The Boston Criminal Lawyer Blog last left off talking about discovery practices in the Federal Court. The matter which brought it up was the case of James “Whitey” Bulger (hereinafter, the “Defendant”) who is facing murder charges dating back quite a long time.

The question we left off at was, “But, the government’s primary responsibility is to seek Justice and a fair trial, right?”

And, of course, the answer is “Yes!” In both state and federal court, the prosecutors’ primary mission is to seek the truth and do “Justice”.

“So, what’s the problem? Of course the prosecution will give the defense what it needs in order to have a fair trial, right?”

That is not what I said. I said that it was the government’s primary responsibility, as recognized by their own oath that they take. However, whether that translates to reality very well is another story. A story that we have discussed quite a bit over the years of this blog.

First, you must understand that, like any business, there is a structure to a prosecutor’s office. At the top of that structure is the main prosecutor. In the state court, that would be the District Attorney. Every county has one. In the federal court, it is the United States Attorney.

Both the District Attorney and the United States Attorney are political positions.

This means that how things that their office does look politically (in the media and so on) matters a great deal to the boss of the organization. And, naturally, it is that boss who sets the directives, tone and policies of the office. All the assistants below him or her are underlings who answer to supervisors who answer to their supervisors all the way up to the big boss.

As we have discussed in the past many times, nobody gets good public reaction these days when perceived “soft on crime”. You merely have to consider the previous case of Judge Lopez and the current matter of Judge Dougan as evidence of this. If that is not enough, just look at the press accounts of criminal cases. Folks tend to be out for blood when it comes to criminal allegations. Therefore, the safest thing a prosecutor can do is to be unrelentingly “tough” on crime.

“After all”, most prosecutors will tell you, “What if I give the defendant a break and he goes out and kills someone?!?!”

I remind you of the parole debacle which began about a year ago and still plagues us today as discussed a few weeks ago.

Now, add something else to the equation. The prosecutors are trial lawyers. In other words, they are advocates. And they want to win.

Add to that fact the certain indoctrination which one goes through at such a place of work and the translation becomes simple….all criminal defendants are guilty. Otherwise, they would not have been arrested by the nice trustworthy police officer. That’s it. That simple.

From the prosecutorial point of view, the reason for discovery is chiefly so that the nasty defense lawyers can get a chance to poke unfair wholes into the case against their clients.

JAMES “WHITEY” BULGER’S MURDER CASE RETURNS TO BOSTON'S FEDERAL COURT (Part One)

Sat, 14 Apr 2012 13:41:59 -0500

The Boston Criminal Lawyer Blog has often decried what has happened to the so-called “presumption of innocence”. You know the presumption…that alleged one that we claim to be the foundation of our criminal justice system. I tend to say that, at least until trial, that seemingly invisible presumption may be still hanging around, but it is usually outshouted by the assumption of guilt!

The more high profile the matter, it seems the more this is true. But then, who can really blame the media? That nasty A-word (alleged) is so long and hard to spell…!

The epitome of this seems to be the case of reputed mob-boss James "Whitey" Bulger (hereinafter, the “Defendant”).

When the Defendant’s case is discussed in the papers, I seldom see that nasty A-word in his title. It is generally things like “ Lawyers for mobster James ‘Whitey’ Bulger...” or “Bulger, the former leader of the Winter Hill Gang...”

I apparently slept through that trial during which he was convicted of being a mobster or leader of the Winter Hill Gang. Oh well, at least we are going through the motions of pretending he is not really already found guilty of the murders for which he is to stand trial.

Anyway, his case is due to be coming back to Boston’s federal court on Wednesday. It is the continuing battle of discovery between the defense and the government. The battle pits the court between giving the defense a shot at what could be claimed to be a fair trial and shoving the case through to trial and geting it over with.

The Defendant’s lawyers have been sparring with prosecutors over the mountains of material expected to be used at the trial now scheduled for November. The defense argues that said mountain was a disorganized mess so that it is impossible to make sense of it all and adequately prepare for trial in time for the November deadline. The prosecution is basically taking the position that they should not be penalized for giving so much of their case away to the defense in their never-ending quest for peace, justice and the American way.

Interestingly, there is a bit of irony here. In federal criminal cases, the argument is usually that the mountains of discovery (albeit usually more organized) come too close to the trial so that the defense is not given the opportunity to be adequately prepared for trial.

CRIMINAL CHARGES FOR STUDENTS' CRIMES COME TO BOSTON UNIVERSITY (Part Two)

Fri, 13 Apr 2012 11:04:18 -0500

http://criminal.altmanllp.com/lawyer-attorney-1445342.htmlWelcome to Friday the 13th. Regardless how it goes for you, the folks over at Alpha Epsilon Pi at Boston University have already had a bad week.

As CBS in Boston put it, “the party is over”.

Previous to this week, the only problem they seemed to be having was with the university itself. B.U. was no longer sanctioning the fraternity house. This apparently took place nearly 20 years ago due to underage drinking.

Apparently, that was not bad enough to gain the frat boys’ alleged attention. Now, the fraternity’s national board of directors has shut down its B.U. chapter altogether because of that latest incident allegations of tying up and beating five students who were pledging the fraternity.

According to the Boston Globe, the fraternity is also calling for a three-day moratorium on pledging activities at its chapters in the U.S., Canada and Israel.

Who would have thought this would be an international incident?

As expected, the Boston police are also seeking criminal complaints in the matter. The complaints would apparently be against 14 gentlemen. The charges are to be hazing and assault and battery.

Attorney Sam’s Take On Hazing, Assault And Battery And Students' Crimes

In my last Blog, we discussed the university’s stance on hazing as well as the Commonwealth’s definition of it. I left you with a question, namely what the difference was between assault and battery and the hazing (when it comes to A&B-type behavior).

The key to assault and battery is that it involves unwanted offensive touching. This would therefore leave out all wanted or permitted touching by the touchee. Therefore, all sadomasochistic activities would not be included. This would include permitted abuse which is often involved in these hazing incidents. Check out the last line in the statute as quoted previously.

BOSTON UNIVERSITY HAZING HITS THE NEWS ONCE AGAIN (Part One)

Wed, 11 Apr 2012 11:01:38 -0500

Unlike Bullying, Massachusetts hazing is actually illegal.

Not that all cases involving hazing are prosecuted. This one will be, though.

Our story hit the media in the wee hours when Boston police began their investigation into a possible hazing incident that occurred at an unsanctioned Boston University fraternity.

The officers responded to a newly-renovated Allston home just after midnight on Monday. The call came from neighbors who said they heard yelling coming from the house. According to one such neighbor, the shouting contained “’Yes sir,’ like somebody’s giving somebody orders and they have to obey”.

Upon arrival, the officers apparently discovered five young men stripped down to their underwear. They “were covered head to toe with all sorts of condiment type substances. All five were shivering and had horrified and fearful looks of their faces. They were all tied together via duct tape wrist to wrist to form a human chain.”

Upon cleaning the various sauces off their bodies, the officers saw that all five gentlemen had red welts and markings all over their backs.”

The men were asked if they were okay and, according to the officers, one of them “looked right at officer and with tears coming down his face shook his head…indicating no.”

It turns out that the building is sort of an undercover fraternity home of sorts; there are no fraternity letters outside it. However, police point out that they found framed photos of members of the Alpha Epsilon Pi fraternity inside. There were also apparently a dozen other college students scattered around the two-story home. Some, officers say, were hiding, or pretending to be sleeping. Further, neighbors say that mainly Boston University students live there.

One such neighbor stated that the incident was not surprising, “…but it’s definitely unfortunate. And I guess it’s even more unfortunate that I’m not surprised.”

The first reaction by Boston University was that the incident was being investigated for possible hazing. The University’s spokesperson also indicated that Alpha Epsilon Pi is a national fraternity, but not one recognized by B.U.

Attorney Sam’s Take On Hazing

There have been quite a few incidents of hazing in the press of recent years. Further, this is not the first time this year in which B.U. has been at the center of one such incident.

TWO DEFENDANTS CHARGED WITH MURDER ARE RELEASED AS CASE IS DISMISSED IN DEDHAM

Mon, 09 Apr 2012 06:08:39 -0500

Hey, I am only a mere Boston criminal lawyer…you can’t expect me to know all the answers. That is what I rely on the media for to a certain extent.

For example, would be the best question to ask someone who has been in jail for about three years awaiting trial for murder and is now suddenly released because the Commonwealth has dropped the charges?

Fortunately, we have seasoned reporters who know just the penetrating question to ask. It turns out that the question is “How does it feel to get your freedom back?”

Brilliant. It never would have occurred to me.

But, once again, I digress. Today’s topic is the matter which took place in Dedham late last week. In that case, two suspects in a gruesome murder have been released from their close to three years in custody. The charges against them have been withdrawn as the key prosecution witness in the case has now died.

When asked how the creative question mentioned above, namely, how it felt to be free, one of the men said, “Why don’t you put yourself in my place and figure it out for yourself.”
Daniel Bradley, 50-years-old, a former football coach at Xaverian High School and Paul Moccia, 57-years-old, a Mass Pike toll collector (hereinafter, the “Defendants”) were accused in the 2009 murder of a 37-year-old Framingham man. According to law enforcement, the Defendants shot the man in order to avoid a $70,000 drug debt. The man’s body was never found and authorities believe it had been dismembered at Bradley’s cement company and disposed of.

This past January, the prosecution’s key witness, Moccia’s brother, died of natural causes. Now, approximately three months later, the Norfolk District Attorney decided to withdraw the charges.

The Norfolk District Attorney Michael Morrissey said the case largely rested on the key witness but now that the witness is dead it is impossible for the government to sustain its burden of proof.

The case remains under investigation. The district attorney is asking anyone with information to come forward.

Attorney Sam’s Take On The Dismissal Of Homicide Charges

I tend to criticize district attorneys quite often in this blog. Therefore, allow me to jump at the chance to credit them where applicable. What the Commonwealth has done in dismissing these charges, rather than waiting for the trial date, is to honor its responsibility to do the "right thing". It realized that there is no way it could make what lawyers call a "prima facie case"...and so it dimissed the charges.

“So, Sam, does this mean that the Defendants have been exonerated?”

No. It means that the Commonwealth could not prove its case beyond a reasonable doubt at this time.”

“What do you mean ‘at this time’”?

NEEDHAM IS SAFE FROM PROSTITUTION, AT LEAST AT TWO ADDRESSES. ALL IS WELL.

Fri, 06 Apr 2012 06:25:08 -0500

While the rest of us were getting all caught up with silliness like homicides on the streets of Mattapan and Florida as well as deadly cyber-hate crimes in New Jersey, the good folks in Needham have been lucky. Far from being diverted from fighting real crime, the intrepid Needham Police Department have risked life and limb to battle what is, after all, probably at the root of all street crime.

Sex.

Well, more specifically, sex for money. That’s right, we are talking about mankind’s preeminent scourge…prostitution..

Examples of this recent stellar police work include a sting operation on March 16th. That’s right, while I was wasting your time and mine discussing aspects of cyber-bullying, multiple homicide and domestic violence trials, the NPD was shutting down two massage parlors because of alleged prostitution.

Of course, no police agency is an island and it took detective from the NPD as well as the Norfolk County Police Anti-Crime Task Force to successfully complete this criminal investigation.

While Needham Police Lt. John Schittler could not divulge the details of this daring-yet-absolutely-necessary operation, he did reveal that the operation which brought down two massage therapists, or alleged prostitutes, featured the work of an undercover police officer which must have rivaled the famous Sherlock Holmes. The two alleged sex workers, ages 46 and 50, were charged with sexual conduct for a fee and were arraigned in Dedham District Court.

“Pending the outcome of the investigation, there is the possibility of further charges being filed against a couple other individuals at each location,” announced Lt. Schittler. “The investigation will encompass every aspect of the business. We’ll look at all aspects of what transpired, and, if we determine that we have enough to push forward charges, then we would do so.”

Sure enough, less than a month later, on March 29th, as I was babbling on about multiple women being assaulted in Cambridge, Needham police nabbed a third person for prostitution. This one was 20 years of age.

Well, at least the citizenry of Needham are out of harm’s way…at least from these two addresses!

Attorney Sam’s Take On The Sex Trade, Human Trafficking And Hypocracy

A week or so ago, I saw a news story about a criminal investigation yielding the arrest of those charged with human trafficking. Far from being a victimless crime, that crime reflects some of the worst victimization that mankind has to offer when it takes place.

However, not everyone engaged in the sex trade is a sex slave.