Assault Crimes/Violence

Miranda Warnings and the Alleged Boston Marathon Bomber

Published on: April 22, 2013 | by Patrick J. Murphy, Esq.

The tragic bombings and related events surrounding the Boston Marathon were felt by us all in Boston and nationwide. My heart goes out to the victims affected by the violent acts.Following the capture of Dzhokhar Tsarnaev, who is believed to be behind the attacks, many people have begun to debate the validity of granting a public safety exception in order to circumvent the requirement that Mr. Tsarnaev be informed of his right to remain silent and be represented by counsel. During questioning on Sunday morning by FBI agents during this special period, he admitted to his role in the attacks, and stated that he did not know of any additional plots, and that he and his brother had acted alone.

In the complaint, which was filed in U.S. District Court, Tsarnaev is charged with two federal crimes, including “Use of a Weapon of Mass Destruction,” and “Malicious Destruction of Property Resulting in Death.” The complaint details the terrorism task force FBI agent’s reviewal of evidence, including video surveilance from nearby businesses.
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Massachusetts Organized Crime Boss Sentenced to Prison

Published on: March 14, 2013 | by Patrick J. Murphy, Esq.

A 64-year-old North Andover man, who is described by prosecutors as the, “overall boss” of a loan sharking and illegal gambling enterprise has been sentenced to up to four years in prison.

Joseph Giallanella, who is also known as Jason Peters, was sentenced on Monday to serve time in stateprison for two to four years. The sentence follows Giallanella’s guilty plea on January 18 of this year, to two counts of conspiracy, two counts of accessory to larceny after the fact, managing of a gaming enterprise, criminal usury, and use of a telephone for gaming.

He was additionally sentenced to two years of probation upon release from prison.

Giallanella faces additional charges including assault and battery, attempted extortion, intimidation of a witness, and attempt to commit another to commit perjury. Investigations relating to this case resulted in additional indictments against 30 other individuals. His part of a criminal enterprise is noteworthy because it can potentially implicate the guilt of any co-conspirators involved in the criminal organization of which he is alleged to be a part of.
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The Crime of Armed Robbery in a Massachusetts Coffee House

Published on: November 8, 2012 | by Patrick J. Murphy, Esq.

It was reported today in the Patriot Ledger that two white males allegedly robbed the Marylou’s coffee shop located at 1501 Bedford Street in Abington, Massachusetts at around 11:00 a.m. on Thursday. According to the district manager for the store, Sunisa Loring, these men used a weapon believed to be a gun or a knife after walking into Marylou’s at about 10:30. A witness described the two men as white and both were apparently wearing gray hooded sweatshirts. They demanded money from the cashier then fled in a blue Dodge Neon with the cash according to the police. The vehicle, which was reported stolen yesterday, was said to be heading south. No one was injured at the time and the police continue investigate the crime scene by dusting the shop for fingerprints.

In the Commonwealth of Massachusetts, the legal definition of the crime of armed robbery is found in G.L. c. 265, § 17. To be convicted of armed robbery in Massachusetts, the prosecution must prove four elements beyond a reasonable doubt: First, the defendant must have been armed with a dangerous weapon. Second, a threat must have been made by the defendant that put the alleged victim in a state of fear, or the defendant must have physically hurt or used force on the victim. Thirdly, the defendant must have taken the alleged victim’s possession intending to steal it. Fourth, the defendant must have taken the alleged victim’s possession out the victim’s control. The crime of armed robbery is a serious felony crime in Massachusetts. Punishment for conviction of the crime of armed robbery includes the a possibility of life in state prison or for any term of years and experienced criminal defense representation will be needed at once.

On the police investigation end, in a robbery such as this, time is of the essence. If the police find the stolen car and it is not torched, they will scour it for fingerprint or DNA evidence that could lead to identification potential suspects. Obviously, identification of the suspects is central to a successful prosecution of the case. The police will interview all witnesses at the coffee shop and will put together a photo array based upon the description that is given by the witnesses. They will pull from a pool of suspects fitting the description of the defendants, if any was able to be obtained in this case, since they were reported to be wearing hooded sweatshirts which may have totally or partially obscured their appearance. They will check to see if someone can make a positive identification. They will carefully review videotape evidence from the scene if they was a camera which is likely in this day and age. They will check adjacent businesses to see if they have a camera that may have picked up the perpetrators in another area with their hoods off of their heads that may provide for a better angle to identify them.

The police indicated that the car that the suspects were using was reported stolen at some point. They will canvas the area from where it was taken to see if any witnesses saw anything or anyone at that time. They will check with local businesses in the area to see if they had a video footage near or at the scene from where the car was taken or on the route that may have been used by the suspects. If the car was located at or near an MBTA station they will review videotape evidence and try to investigate whether the suspects used a Charlie card and try to obtain identifying information through the use of a bank subpoena. They will seek to question likely suspects. They will be looking for these potential suspects to make a mistake and talk with them and get them to confess. The police are highly trained to investigate suspects and solve crimes. They often use tactics that lull defendants into a false sense of security and then get them to talk after waiving their Miranda rights and without legal counsel present.
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MASSACHUSETTS ADOPTS TOUGH THREE STRIKES LAW KNOWN AS MELISSA’S BILL

Published on: August 31, 2012 | by Patrick J. Murphy, Esq.

It was recently reported on August 2, 2012, that Governor Deval Patrick signed new Massachusetts criminal law legislation that imposes harsh penalties for repeat violent criminal law offenders convicted in the Commonwealth. In doing so, Massachusetts now reportedly joins twenty-six additional states that have imposed strong habitual criminal offender laws. The new law takes away judicial discretion with respect to sentencing of repeat violent criminal offenders who have suffered convictions three times for certain enumerated violent crimes and makes these offenders ineligible for parole. In other words, repeat violent offenders now have to serve the full or maximum sentence with absolutely no chance for parole, probation, work release, furlough or reduction of sentence for good conduct while incarcerated.

The two previous convictions of a criminal defendant to be subject to the penalties imposed under the Massachusetts three-strikes law must have arisen out of distinct and separate incidents that must have occurred at different times. Also, these previous convictions must have carried sentences of at least three years each for the law to be applicable.

This law was sought by the father of Melissa Gosule, who was murdered by a convicted criminal who had been released early only after serving a two-year portion of a prison sentence and reportedly involved a history of twenty-seven prior felonies on his criminal record. Authorities argue that a tough three-strikes law may have avoided this and other similar, tragic losses of life.

In order to get that law passed there were certain concessions incorporated that actually decrease the mandatory minimum sentences for non-violent drug crimes for trafficking, distribution, manufacturing or possession with intent to distribute drugs such as marijuana, cocaine, heroin, morphine or opium. In some cases involving trafficking in cocaine or phenmetrazine, mandatory minimum sentences have been reduced by three years. Also, the weight requirements of certain narcotics to support a conviction for trafficking have actually increased making it more difficult for prosecutors to convict for trafficking cases.
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Massachusetts Sees Rise in Sex Crimes Arrests in 2012

Published on: July 5, 2012 | by Patrick J. Murphy, Esq.

In the wake of the Penn State/Sandusky scandal, a Taunton High School teacher has been accused of having sex with two female students. Patrick Doyle, a history teacher, now faces charges of statutory rape and aggravated statutory rape of a child. NECN reports that the Doyle was indicted on twelve charges arising from the two incidents, and is currently being held without bail. A dangerousness hearing has been set for Doyle sometime next week. If convicted of these charges, Doyle faces a 10-year to life sentence in prison. Allegations of sex crimes are serious and should not be taken lightly. A conviction for a sexual offense in Massachusetts carries significant penalties of imprisonment and may confine an offender to a lifetime on the sex offender registry.

Earlier this year, two Newton men were arrested for possession and distribution of child pornography. The arrests were made in the same week during January 2012, although there does not appear to be a connection between the two men. Peter Buchanan, a 10-year city employee and Dave Ettlinger, an elementary teacher, both face serious charges stemming from the arrests. Dave Ettlinger was arrested in January 2012 for his participation in the child pornography website called Dreamboard, which requires members to post images of child pornography in order to keep their membership active. Ultimately, Ettlinger was charged with indecently assaulting three females and taping it. The arrest resulted from an international investigation of the website. A June 28th article by the Boston Globe proclaims that Ettlinger may plead guilty to the federal charges stemming from his role in the global child pornography network, although a plea has not yet been entered. If found guilty, Ettlinger faces imprisonment for 20 years to life under 18 USC §2252A. Upon the conclusion of the case, Ettlinger must return to Massachusetts to face state charges for the indecent assault on three females.
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Downtown Boston Stabbing of 4 Witnesses Prompts Judge to Postpone Trial

Published on: June 29, 2012 | by Patrick J. Murphy, Esq.

Many Boston area residents, workers, students and tourists were interrupted on Wednesday, June 6, 2012 when four people were stabbed on busy, downtown Beacon Street. The area, known as a local hotspot, became an area of chaos and confusion when four people were stabbed just after lunchtime across the street from the Omni Parker House. The Boston Globe reports that the stabbings stemmed from a murder trial underway at the nearby Suffolk Superior Courthouse. The stabbings were reportedly in connection with the murder trial of Kadeem Foreman and Terrell Rainey, who are charged with the May 22, 2010, murder of 24-year-old Toneika Jones. The two were charged with murder, armed assault with intent to murder, and gun offenses in Dorchester District Court after they allegedly shot Jones to death inside the foyer of a building at 183 Harvard St. All four of the men stabbed had been present at the day’s earlier proceedings, and two of which are said to be on the witness list for the trial.

Following the tumultuous incident, the Judge presiding over the case issued a continuance for a trial, nervous that the incident could set a dangerous precedent for future judicial proceedings. As reported by WCVB Channel 5, Suffolk Superior Court Judge Lisa Giles said that she was “outraged that this could set a precedent that all you have to do to derail a first-degree murder trial is attack one of the participants who are supporters of either side.” The attorneys for the defendants were split as to the decision to move the date for trial. Michael Doolin, defense attorney for Foreman, deemed it a necessity that the trial be postponed due to the severity of tensions stemming from the trial. But Rainey’s attorney, Stephen Weymouth, argued that the trial should proceed as not to delay the potential declaration of innocence for his client. Currently, the trial is set to resume on September 12, 2012.

The wake of this violent event has urged local police and officials to take precautions and step up punishments for the crimes of assault and witness intimidation. Law enforcement official assert that the protection of witnesses and those involved in trials of any kind need to be protected to ensure that justice is rightfully ensued. The crimes of assault and witness intimidation are taken very seriously in Massachusetts, as the crimes are usually of a physical nature and can end in fatal injuries. Intimidating a witness, as per M.G.L. c. 268, s. 13B is a criminal offense in the Commonwealth, and carries with it penalties of imprisonment in jail or house of correction for no more than 2.5 years, imprisonment in state prison for no more than 10 years, by a mandatory minimum fine of $1,000 up to $5,000, or by both fine and imprisonment. Conduct that can constitute intimidating a witness is behavior such as threatening or attempting to cause physical, emotional, economic of property damage to, bribery, and misleading, intimidating or harassing any person who is a witness, judge, juror, attorney, or anyone involved in furthering the criminal proceedings or investigation. If you are involved in the crime of intimidating a witness, you may also be charged with the crime of assault.
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Assualt Charges Leveled Against Massachusetts Police Chief

Published on: June 16, 2012 | by Patrick J. Murphy, Esq.

Waltham, Massachusetts lawman Thomas M. LaCroix, the city’s chief police officer, was arraigned in Concord District Court on two charges of assault and battery with a dangerous weapon and threats charges and was ordered held without bail pending a dangerousness hearing in court set for this Tuesday.

LaCroix is accused of attacking and injuring his wife and her female friend in two separate incidents at his home in Maynard, Massachusetts. LaCroix is said to have used a bicycle rack and a countertop as the dangerous weapons in the alleged attack. Further details about the case have yet to be released according to the report of the incidents in the Boston Globe. The prosecutor is seeking medical records,if any, of Mrs. LaCroix to substantiate the alleged injuries in the case. Waltham’s Mayor, Jeannette A. McCarthy deemed the arrest a “serious matter” and named the city’s Deputy Chief to act as Chief in place of LaCroix. LaCroix earns about $160,000.00 per year and has been suspended with pay and his badge and gun have been taken away from him by the Waltham police.

Domestic assault and battery in Massachusetts is taken seriously by prosecutors and the courts. When a person who is sworn to uphold and enforce the law gets in this type of trouble the case get extraordinary coverage and scrutiny. The public and the press will follow the matter closely to determine if the accused is treated differently than anyone else accused of such a crime. Right now we do not now all the details in this case and what really happened. Apparently, Mrs. LaCroix alleged that she was assaulted by her husband but she did not call the police when it initially happened. She went to a female friend’s house. The friend did not call the police either despite the fact that she allegedly heard LaCroix’s story and saw injuries. Remarkably, they both decided to go back to where the alleged perpetrator was at home. According to the report this is when the second alleged assault took place involving the wife and her friend. Sometime after this alleged assault the police were finally called. It is not clear how much time had elapsed between the first and second alleged incidents and when someone decided to call the police.

Although the police report and the prosecutions summary of the case were impounded by the court, at first glance, it does not appear that the chief has been treated fairly so far in this case. We can assume that the chief does not have a prior criminal history and, therefore, no history of defaults in court. From the news report, he apparently was a pretty good police officer rising through the ranks while earning his bachelor’s degree and master’s degree before being named police chief in Waltham. Is the District Attorney’s office looking to make an example out of the chief who was apparently hospitalized with chest pains after the incident? You be the judge. They claimed the chief may be suicidal but LaCroix’s own lawyer expressed no such concerns after meeting at length with his client. Is it remarkable that the prosecution would want the chief held without bail and that they would seek a dangerousness hearing against him, the result of which could cause him be held without bail for 90 days in a case such as this? The chief could have been released on his promise to come back to court. The prosecutor could have requested a bail warning or sought a reasonable bail in the case that would ensure that Mr. LaCroix would come back to court if he were released. The prosecutor could have asked the court to order the chief to stay away and have no contact with his wife or her female friend during the pendency of the case. The prosecutor could have asked the judge to order other pretrial conditions of release such as electronic or GPS monitoring on the chief or weekly reporting or conditions such as drug or alcohol testing if the abuse of substances was an issue. Yet, the District Attorney’s office decided to take the most drastic approach to the case which resulted in depriving the chief of his freedom even though he is presumed innocent of the crime. Did this action result in punishment before the case has even gone to trial? What are the odds of similar treatment to other ordinary defendants if your were to look up the last few cases involving allegations of assault and battery with the use of dangerous weapons in that court? Did the prosecution seek to hold those defendants pending a dangerousness hearing?

I think it’s safe to say that the chief probably didn’t appreciate a skilled and aggressive criminal defense attorney before these charges were leveled against him. He probably now hopes that he has such an attorney in his present defense lawyer, Peter Bella.
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Massachusetts Police Officials Tap into Social Networking Sites to Catch Criminals

Published on: June 8, 2012 | by Patrick J. Murphy, Esq.

As evidenced by recent news coverage, high school college student crime is significant and is an evolving and expanding area of the law. With the advent of social networking sites such as Facebook, twitter, YouTube, etc., issues involving high school and college students have become widely publicized and come under intense scrutiny and criticism. The ever-evolving world of social networking websites has opened the lives of its users to the public, carrying with it certain advantages and disadvantages. This technological phenomenon, which has created links between different people and cultures of the world, has resulted in a need for the development of new laws to police people’s online actions. There are many issues arising from the use of social networking websites, such as privacy issues, internet scams and phishing, negative repercussions of website use in areas of business and employment, and the protection of children. For instance, high school students may now be held accountable for their actions on social networking sites, such as bullying other students, making threats against teachers and students, and posting inappropriate content or images. Similarly, on college campuses, students have been subject to punishment for partaking in illegal activities such as underage drinking, drug-related offenses, and sexual assaults on other students. Social networks can be a resourceful tool to market yourself or your business, reconnect with old friends, and even find romance; the important thing is to remember that these sites can be misused, and have damaging repercussions to high school and college students that may potentially affect their future. Criminal prosecution in court and expulsion or suspension from school or college can be expected when crimes are committed or exposed using social networking sites.

While many social networking sites have age restrictions in place to regulate their user base, it is quite simple to enter a fake birth date and gain access to these sites. The problem with young users is that they are not aware of the risks that these social networking sites create. Many young people share too much information online and do not realize that anyone with an Internet connection can view it, even pedophiles, employers, teachers, their school nemesis, and their parents. Even police departments have begun to integrate the use of social networking sites in investigations. The Boston Globe reports that police officials in half of fourteen departments surveyed admitted to using social networking websites to gather information when investigating crimes involving young people. This is the root of the problems now faced by an increasing number of high school and college age students.

USING SOCIAL NETWORKING SITES TO CATCH CRIMINALS
Social networking has also come under scrutiny due to the tendency of teen bullies to target teen victims on the sites. Bullying has become a serious and widespread issue in the United States, with the National Crime Prevention Council reporting that 43% of teens were the victim of bullying in the past year, and has called upon the sites to help prevent bullying and catch those committing the acts. For instance, videos of beatings and humiliation have been posted to the popular video hosting website YouTube, and have caused certain individuals to take their own lives due to the ridicule and embarrassment felt from the posts. The videos themselves have actually led police to the identification of the bully and introduced the video or posting as evidence against them in trial.
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