Articles Posted in Bail

MIT Police Officer Joseph D’Amelio was arrested Saturday night on charges of trafficking oxycontins.  Yesterday he was arraigned in the East Boston District Court and held on five hundred thousand dollars cash bail.  His cousin and co-defendant Anthony Cristallo was arrested and charged with these drug crimes as well.  According to reports a local Federal Express office opened a package sent from Florida believed to contain drugs.  Once the drugs were located Massachusetts State Police were notified.  An undercover trooper posing as a Federal Express employee then delivered the package to its intended location where it was signed for by an individual named Smoot.  Smoot called D’Amelio who arrived and checked the pills.  He in turn called Cristallo who showed up with sixteen thousand dollars he paid to Smoot for the pills.  All three were arrested. 

Read Article:  Cop Charged With Trafficking Oxycontins

Press Release:  High Bail Set For 2 Caught Trafficking

Drug Trafficking in Massachusetts is the possession with the intent to distribute an illegal substance or the actual distribution of the drug at a threshold quantity.  All trafficking offenses in Massachusetts carry in minimum sentence.  The threshold for trafficking class A and class B substances is fourteen grams.  There are many defenses to the charge of trafficking in Massachusetts.  Affirmative defenses depend on the circumstances of the case.  Often times district attorney’s offices in Massachusetts enter into plea bargains wherein case dispositions can be negotiated to something below the established mandatory sentence. 

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A pharmacist at a Framingham drug store noticed that two bottles of oxycontins, each containing one hundred pills was missing from the store.  He called the Framingham Police.  It turns out that Igor Minevich, a 23 year old pharmacy technician who had been working at the store for less than three weeks had taken the drugs.  He turned himself in to the police station and admitted to taking the pills.  Minevich also told the police that all of the pills were gone and that he had given them all to friends.  The defendant was charged with trafficking oxycontins and possession with the intent to distribute oxycontins.  The case is pending in the Framingham District Court.  Minevich was released on personal recognizance. 

Read Article:  Pharmacy Technician Who Stole Oxycontins Charged With Trafficking

Oxycontin is a class B substance substance in Massachusetts.  Trafficking class B substances is a felony pursuant to Massachusetts General Laws Chapter 94C Section 32E.  A conviction carries a minimum mandatory sentence that varies depending on the weight of the substance that was trafficked.  Trafficking in Massachusetts is simply the possession with the intent to distribute or actual distribution of a controlled substance that exceeds a threshold weight.  In this case the defendant admitted to distributing the substance.  If it is determined that he distributed a quantity that meets the trafficking minimum he will have a tough fight ahead of him.  If however the evidence shows that much of this substance was for personal use and the quantity distributed was minimal the defendant might have a legitimate defense to the trafficking charge.  The article suggests that Minevich was using this substance.  This is corroborated by the statement of the pharmacist who reported the theft of the oxycontins to the police. 

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Last week an 30 year old Fitchburg, Massachusetts man was arrested on allegations that he kidnapped, beat, threatened and sexually assaulted three women in a carjacking incident.  He is now being held without bail at the Bridgewater State Hospital and being evaluated for mental health issues.  Shortly after 10:00 p.m. Wednesday one of the victims was driving her car when the defendant approached and told her to get in the back.  The man then began hitting one of her passengers while threatening to kill all of the occupants.  When the woman fought back the defendant hit her in the mouth cutting her lip.  The defendant intended to force the women to drive him to Boston.  However, 911 calls made by one of the women prompted the assistance of the state police and the man was ultimately apprehended.  The defendant was charged with kidnapping, assault with the intent to commit rape, carjacking, assault and battery, threatening to commit a crime, assault with a dangerous weapon and resisting arrest. 

Read Article:  Man Charged With Sexual Assault, Assault and Battery After Kidnapping and Carjacking Three Women

In the context of this case the carjacking is most likely the most serious charge carrying with it a possible 15 year state prison sentence.  There is also a five year minimum sentence that must be imposed if someone is convicted of carjacking while armed with a dangerous weapon.  The article states that the defendant in this case was wearing a chain around his neck containing a razor blade.  A razor blade can be considered a dangerous weapon thus possibly requiring the imposition of the mandatory five year sentence if this man is convicted of this crime. 

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After a two month investigation law enforcement officials in Norfolk County Massachusetts seized 340 pounds of marijuana at homes in Quincy and Canton.  In all three men were arrested and charged with trafficking marijuana.  The men have been identified as Tuan Ngoc Pham of Quincy; Jeffrey Falcone of Boston; and Alexandros Kostopoulos of Abington.  In addition to the drugs authorities seized $355,000 in cash.  The street value of the drugs are estimated at more than $1,000,000.  Bail was set on all men at the arraignment.

Read Article:  Massachusetts Men Arrested In Drug Raid

Certain thoughts come to mind when reading this article.  It is highly likely that the searches of the homes were conducted pursuant to search warrants.  This typically implicates confidential informants or controlled buys or both.  The validity of the search warrant might be challenged.  If successful the fruits of the search, in this case the drugs get suppressed meaning that they cannot be introduced in court.  Often times this terminates the prosecution.  If the search is found to be lawful there are other defenses that might apply to one or more of the defendants.  These are predicated on what the investigation disclosed prior to the search, what happened at the time of the search and whether or not the defendants spoke to the authorities after they were arrested.

If convicted, the defendants in this case face a minimum mandatory 3 year state prison sentence.

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In February 2008 31 year old Elias Efremidis was arrested and charged with trafficking cocaine after police found 2 kilos of cocaine in his hotel room.  Also found in the room was $4,000, an electronic scale, a beeper and individual packages for the cocaine.  The defendant posted $25,000 bail and fled, defaulting on his pending case.  Recently, the Massachusetts man was found in Virginia where he was arrested on unrelated charges.  He is now 52 years old and he will be brought back to Massachusetts where he will have to defend against the 1988 cocaine charges as well as a charge of failing to appear after release on bail.  Efremidis is charged with trafficking over 200 grams of cocaine. 

Read Article:  Massachusetts Drug Trafficking Defendant Apprehended In Virginia

Drug trafficking is the most serious drug charge you can face in Massachusetts.  To prove someone guilty of cocaine trafficking the prosecution must show that the defendant possessed an illegal substance, in this case cocaine, that the person had the intent to distribute the cocaine and that the amount of cocaine exceeded a certain threshold.  In this case the defendant was charged with trafficking more than 200 grams of cocaine.  This is the most serious cocaine charge in Massachusetts.  There is a mandatory minimum 15 year state prison sentence that must be imposed on anyone who is convicted of this crime.  Sometimes in old cases such as this the drugs have inadvertently been lost or destroyed.  If that is the case the defendant might have a chance at defending against these charges. 

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Eighteen year old Joshua Rodriguez from Marblehead was arraigned in the Lynn District Court on charges that he raped three girls under the age of sixteen all within a six week period.  According to reports, a 14 year old and a 15 year old complained that they were raped in December while another girl, also 14 told authorities that she was raped on February 4, 2009.  At the arraignment the district attorney told the judge that on December 3, 2008 Rodriguez forced one of the victims into a bathroom and forcibly raped her.  Another victim was raped in a car and threatened by the defendant afterwards.  The third victim reportedly smoked marijuana with Rodriguez, passed out and awakened to the defendant on top of her fondling her genitals.  Rodriguez is no stranger to the legal system.  He has a prior breaking and entering charge, motor vehicle offenses and drug charges.  Bail was set in the amount of $25,000.00. 

Read Article:  Rape Charges Pending Against Marblehead Teenager In Lynn

Typically when you hear about rape cases involving 18 year old males and 14 or 15 year old girls the charge will be rape of a child without force, commonly referred to as statutory rape.  Not so in this case.  These are forcible rape charges.  While the potential sentence for both is the same, people convicted of forcible rape typically receive stiff state prison sentences.  Rape of a child in Massachusetts is a violation of Massachusetts General Laws Chapter 22A or Massachusetts General Laws Chapter 23.  The former is rape with force, the latter is statutory rape

From reading the article it seems like Rodriguez has a tough road ahead of him.  Prosecutors in Massachusetts try to join cases like this for one trial to show motive or pattern.  If judges permit the joinder defending these cases is extremely difficult.  It is one thing to attack one victim through cross-examination or show inconsistencies in her story.  It is another thing to try to do this to three people, all of whom claim to have been raped in separate incidents, on different dates and at separate locations.  Cases like this usually get resolved through plea bargaining. 

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According to the Somerville Journal, Last week Vincent Primo and his girlfriend, Kim Szathmary, both of Medford were indicted by a Middlesex County Grand Jury for robbery and attempted robbery in Cambridge and Somerville.  In November and December of 2008 there were 7 incidents of attempted robbery and robbery in the Somerville and Cambridge area.  The crimes were similar in that a male would take women’s handbags from them forcible, and on one occasion a victim was stabbed.  The crimes occurred near public transportation stations.  Surveillance cameras captured Szathmary using the victim’s credit cards.  Primo was identified through photographic arrays.  Both defendants were indicted on four counts of robbery, armed and unarmed, two counts of armed assault with the intent to rob, assault and battery by means of a dangerous weapon, armed assault with intent to murder and credit card fraud.  Somerville District Court Judge Maurice Flynn set bail in the amount of $500 for Szathmary and he held Primo without bail. 

Read Article: http://www.wickedlocal.com/somerville/news/x84117951/Medford-couple-arrested-for-stabbings-robberies-in-Somerville-Cambridge

Perhaps the most serious crime with which the couple have been charged is armed robbery.  Massachusetts General Laws Chapter 265 Section 17 states that anyone who is armed with a dangerous weapon uses the weapon to effectuate a theft from the victim is guilty of armed robbery.  The maximum sentence for armed robbery is life in prison.  Unarmed robbery in Massachusetts has the same elements as armed robbery with the exception that there is no dangerous weapon involved.  Unarmed robbery also carries a life sentence.  It looks like lawyers for the defendants in this case have a tough fight ahead of them. 

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Even though Paul Mateiko has a license to carry firearms he does not have the right to possess a machine gun.  Worcester Police actually found multiple machine guns when they searched Mateiko’s home Saturday night.  These weapons along with 79 other firearms, thousands of rounds of ammunition and explosive devices were enough to convince a Worcester District Court Clerk Magistrate to impose bail in the amount of $15,000 for the defendant.  Makeito was charged with four counts of illegal possession of a machine gun and one count of unlawful possession of an infernal machine.

Read Entire Article:  http://cms.firehouse.com/web/online/News/Massachusetts-Crews-Make-Explosive-Find-/46$62661

The crimes charged are as follows:

1.  Possession of an infernal machine.  This is prohibited by Massachusetts General Laws Chapter 266 Section 102A.  That statute makes it a crime to possess any device that can danger life or property by fire or explosion.  There is a possible 10 year prison sentence that can be imposed for anyone convicted of this crime.  Massachusetts case law makes clear that the device must be something which is made.  It cannot just exist of a single element of the device.  It must consist of more than one part in order to be a device, instrument or machine. 

2.  Possession of a machine gun.  Massachusetts General Laws Chapter 269 Section 10 makes it a crime to possess a machine gun.  A conviction for this offense carries a minimum mandatory 18 months in the house of correction. 

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According to police Rayfield McCants, 28 of Cambridge, Massachusetts got onto an MBTA bus Tuesday night and intentionally rubbed himself against a woman passenger.  Afterwards, when the woman exited the bus McCants followed her and harassed her until a bus driver came to her aid.  McCants now stands charged with indecent assault and battery.  Apparently when McCants got on the bus he sat directly next to the woman even though the bus was virtually empty.  The bus driver witnessed the events on and off the bus and assisted the woman until the suspect was arrested by the police.  Bail in the amount of $5,000 cash was set. 

Read Full Article http://www1.whdh.com/news/articles/local/BO103666/

The Massachusetts statute prohibiting indecent assault and battery is Massachusetts General Laws Chapter 265 Section 13H.  The law states that anyone who is convicted of this crime can be punished for up to 5 years in state prison.  If the case is kept in the district court there is a maximum 2 1/2 year house of correction sentence that can be imposed.  Massachusetts courts define indecent assault as acts fundamentally offensive to today’s moral values.  Touching the buttocks or private areas of another certainly suffice to convict for this crime. 

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A 42 year old Fall River woman was held without bail after being arraigned in the Dorchester District Court on charges of kidnapping, assault by means of a dangerous weapon, kidnapping and assorted motor vehicle charges. 

At arraignment the prosecution disclosed that on July 22, 2008 around 12:00 p.m. Boston Police received information that a woman was screaming for help out of a window of the car being driven by the defendant.  The responding officer attempted to pull the car over at which time the defendant proceeded to weave in and out of traffic in an attempt to avoid apprehension.  Another officer observed the passenger crying out for help.  During the chase the defendant was driving approximately 80-90 miles per hour.  Police vehicles ultimately surrounded the defendant’s vehicle and after a struggle effectuated an arrest. 

The woman was held without bail pending a dangerousness hearing.