Articles Posted in Domestic Violence

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Authorities in Hudson, Massachusetts have charged John Resendes with breaking and entering, rape, assault and battery with a dangerous weapon, intimidation of a witness, assault with intent murder, domestic assault and battery, kidnapping and resisting arrest. According to reports at 4:30 in the morning Resendes broke into a woman’s, entered her bedroom and assaulted her. The woman was someone with whom Resendes had a relationship. The possible cause of the incident stems from Resendes seeing her with another man earlier in the day. As the woman tried to escape the attack the defendant threw her to the ground and sexually assaulted her. She was able to call 911. The prosecution further claims that Resendes threatened the victim with a knife by holding it against her throat and suggesting that he would kill her. All charges are now pending in the Marlborough District Court. Resendes is being held without bail. The victim refused medical treatment.

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Massachusetts Man Charged With Sexual Assault, Kidnapping

In the context of this case all of these charges are serious. The rape charge itself carries a potential life sentence. Factually however this charge is not supported by this article. To be convicted of rape the district attorney must show that the defendant (Resendes) engaged in sexual intercourse, either natural or unnatural with the complainant; and that the sexual intercourse was accomplished by compelling the complainant to submit by force or threat of bodily injury and against her will. Natural intercourse consists of inserting the penis into the female sex organ. Unnatural sexual intercourse includes oral and anal intercourse, including fellatio and cunnilingus, and other intrusions of a part of a person’s body or other object into the genital or anal opening of another’s body. Either natural or unnatural sexual intercourse is complete on penetration, no matter how slight, of a person’s genital or anal opening. In addition to the vagina, the female genital opening includes the anterior parts known as the vulva and labia. Penetration into the vagina itself is not required. The article makes no mention of what acts Resendes committed to satisfy the elements of the crime of rape.

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Both Katy Kartalias and Rachel Lord claimed the title of being Gary Lee Farnham’s girlfriend. Kartalias found out about Lord when the latter called to inform her that she was seeing Farnham. So what does Karalias do? She confronts Farnham who supposedly responds by assaulting her. So yesterday Farnham ends up in the Salem District Court for arraignment on his new case. Kartalias decides to go along as well. And guess who else is there? Yes, you are right, Rachel Lord. When Kartalias figures out who she is she sits down next to her. The judge eventually decides to hold Farnham in custody. When that decision is announced Lord made a comment. Perhaps taking exception Kartalias sucker punches Lord in a packed courtroom. The festivities continue as Lord pulls a clump of Kartalias’ hair out. Both women are placed into custody. Eventually, only Kartalias is charged. The counts are assault and battery and disrupting a court proceeding. Kartalias is already on probation and is now facing a probation violation hearing.

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Massachusetts Courtroom Fight Lands Woman In Jail

Disruption of court proceedings is a crime pursuant to Massachusetts General Laws Chapter 268 Section 13C. The law states that anyone who “causes or actively participates in the willful disruption of proceedings” and is convicted of that crime may be imprisoned by up to a year in jail. The crime is a misdemeanor. The assault and battery charge is also a misdemeanor that is punishable by up to two and one half years in the house of correction.

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In a unanimous decision five justices on the Massachusetts Supreme Judicial Court reversed an Appeals Court decision pertaining to probation violaton/revocation matters. See Commonwealth v. Ruiz, Slip Opinion March 31, 2009. In Ruiz the Court found the following facts:

Stemming from two incidents of domestic violence Ruiz pleaded guilty to seven separate crimes in the Superior Court. One count required that Ruiz serve five to five and one half years in state prison. On the remaining cases Ruiz was sentenced to probation to commence from and after (consecutive) the period of incarceration. The probationary period was for three years with one of the conditions being that Ruiz not contact the victim either directly or indirectly. The sentence imposed was at the request of both the district attorney and the defense. During the period of incarceration Ruiz wrote letters to the victim. A probation surrender hearing was scheduled. The judge found that Ruiz had violated the terms of his probation by contacting the victim through the letters. He imposed and additional sentence of one year to one year. Ruiz appealed from the ruling. The Appeals Court affirmed and the Supreme Judicial Court accepted review of the case and reversed.

Typically probation commences once the defendant is released from incarceration. A defendant can be sentenced to probation concurrent with his committed sentence. However a sentence imposing both incarceration and probation concurrent with the incarceration is not common. Such a sentence might be imposed where there is a concern that the defendant will cause trouble during the period of incarceration. This case makes clear however that any condition of probation imposed concurrently with a committed sentence must be clear on the record and the defendant must have notice of that condition.

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The Lowell Sun reported that a forty one year old Dracut, Massachusetts man has been charged with assault with intent to commit murder, assault and battery, and assault and battery by means of a dangerous weapon after he supposedly stabbed his wife nine times with a large butcher knife in front of their two young children. According to the article the victim had recently moved out of the couple’s home with their children. The children were visiting with him and around 5:30 the victim went back to the house to pick them up. After a brief discussion the defendant threw the woman down on the ground, stabbed her with a butcher knife and threatened to kill her. The children ran to a neighbor’s house. The neighbor returned and pulled the defendant off of the woman. A district court held the defendant without bail pending a dangerousness hearing and a competency hearing. Charges are pending in the Lowell District Court.

Read Article: Lowell, Massachusetts Man Held In Domestic Violence Incident

Competence to stand trial in Massachusetts is governed by Massachusetts General Laws Chapter 123 Section 15. The law states that at any time a judge may order an evaluation to determine whether a person is competent to stand trial. If possible, the examination is to be conducted at the courthouse or where the person his being held. After the examination, the judge may order the person committed to the Bridgewater State Hospital for a period of up to twenty days. The treating personnel at the hospital may request an additional twenty days, or up to forty days for observation and further examination. If the person is found competent the case will resume its schedule. If not, then the case is continued until the person becomes competent.

Competency evaluations are used primarily when people engage in irrational acts or behave in ways that are uncharacteristic. In this case it appears that the defendant “flipped out” possibly due to the deterioration of his marital situation. In almost every case a person is ultimately found to be competent. It may take several months or in rare instances years but trial or a resolution of the case is almost always inevitable.

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Stephanie Lighten and Jennifer Lighten are married. They live in Pittsfield, Massachusetts. Last Tuesday in the late afternoon police responded to a call at the couple’s home. Jennifer Lighten told police that her wife Stephanie tried to forcibly inseminate her with a turkey baster and her brother’s semen. According to reports Stephanie threw Jennifer on the couch, grabbed at her clothing and threatened to impregnate her. Jennifer broke free and sought shelter in a bathroom. Stephanie broke down the bathroom door. Jennifer the fled the home followed by Stephanie. Witnesses saw the incident continue down the street. Domestic violence related charges have been brought against Stephanie. Right now charges of assault with the intent to commit rape have issued. Police seized the container of semen. The defendant was released on her own recognizance. a “refrain from abuse” order has issued as well. \
Read Article: Domestic Violence Charges For Woman Who Tried To Inseminate Wife

The Massachusetts Abuse and Prevention Act is codified under Massachusetts General Laws Chapter 209A. The act defines abuse as causing harm, attempting to cause harm, threatening to cause harm or forcing someone into sexual relations. The act applies to family or household members; people who are related to one another by blood or marriage, or who reside together, or who have been in a substantive dating relationship. Acts of violence against people falling within this definition are commonly categorized as domestic violence. The underlying act can be a criminal act such as an assault and battery, with or without a dangerous weapon, rape, murder and more. This statute sets out the criteria for obtaining restraining orders in Massachusetts as well.

Here, the article is unclear as to what charges were brought against the defendant. Most likely she was charged with assault and battery. The maximum sentence for a conviction of this crime is 2 1/2 years in jail.

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John Ellement of the Boston Globe reported that a Boston man has been charged with killing his girlfriend of six months shortly after seemingly enjoying their first Valentine’s Day together.  Shortly after 3:00 a.m. Sunday the defendant, Mario Gonzalez called Boston Police telling them that an intruder had entered the couple’s home and stabbed the victim.  Later however Gonzalez confessed in Spanish to killing the victim.  According to reports, Gonzalez, concerned that Forty might leave him had made certain threats that she likely did not believe.  Members of Forty’s family stated that Gonzalez, a Guatemala native admitted to killing someone in his homeland. 

Read Article:  Boston man charged with killing girlfriend, Boston Globe February 18, 2009

Here are some interesting statistics about domestic violence in the United States.  Starting in the mid 1990’s, at least 1,500 women were killed annually as a result of domestic violence.  Approximately 33% of all female murder victims were killed in domestic incidents.  About 1/3 of all women’s injuries resulting in emergency room hospital visits are the result of domestic violence.  Women ages 20-34 are at the greatest risk for domestic violence.  This case marks the first reported domestic violence death in Boston this year.

To say that Gonzalez’s case appears to be difficult to defend is an understatement.  Prior threats of violence against the victim, a bogus story to the police and ultimately a confession are huge hurdles for the defense lawyer to jump.  Fortunately for Gonzalez he has one of Boston’s best criminal defense lawyers working for him. 

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On New Years’ Eve a Framingham woman contacted the police to report that her former boyfriend, Josue Gonzalez telephonically threatened her and her and her three children.  Specifically, he told her that if she did not give him money he would burn her house down.  A restraining order was in existence at that time.  A police officer told Gonzalez to stop calling. Gonzalez ignored the request and the victim again sought out police assistance.  Police again tried to intercede to no avail.  Four days later Gonzalez called the police to report that the victim was neglecting her children and asked that the children be taken away and placed into state custody.  Gonzalez added that one of the children was being raped.  Officers investigated the complaint and found no evidence of neglect and made Gonzalez aware of their findings.  Gonzalez then threatened to blow up the Framingham Police station.  Police then obtained a warrant for Gonzalez’s arrest.  He was located and apprehended last week. 

Gonzalez was charged with stalking, threatening to commit a crime, making annoying phone calls, violating a restraining order and making a false police report.  All charges are pending in the Framingham District Court.  Gonzalez is being held without bail pending a dangerousness hearing. 

Let’s take a look at some of the more serious charges; violating a restraining order and stalking.

1.  Violating a restraining order.  This is a crime in accordance with Massachusetts General Laws Chapter 209 Section 7.  The law specifically states that”[a]ny violation of such order or a protection order issued by another jurisdiction shall be punishable by a fine of not more than five thousand dollars, or by imprisonment for not more than two and one-half years in a house of correction, or by both such fine and imprisonment.” 

2.  Stalking.  This is proscribed by Massachusetts General Laws Chapter 265 Section 43.  The Massachusetts stalking law states that anyone who willfully and maliciously engages in a pattern or series of acts directed towards someone which seriously alarms or annoys that person and would cause a reasonable person to suffer substantial emotional distress and threatens that person with the intention of placing them in immediate fear of bodily injury or death is guilty of stalking.  There is a possible 5 year prison sentence.  If the case is handled in a Massachusetts district court the maximum sentence is 2 1/2 years in jail.  If this crimes is committed in violation of a restraining order there is a mandatory minimum 1 year jail sentence you must serve if convicted. 

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Lawrence, Massachusetts police responded to an apartment on South Broadway Thursday night in response to a domestic assault and battery 911 call.  During the call police were able to hear the couple arguing.  When they arrived they found the defendant and his girlfriend both of whom denied making the call and any abuse.  The police told the defendant to leave the apartment.  He complied only to return later in the evening.  At 9:35 p.m. the girlfriend called 911 to report that the defendant had returned and threatened her with a knife.  When the police returned to the apartment they found the girlfriend waiting for them outside.  She reported that the defendant had returned drunk, picked up a kitchen knife, pointed it at her and threatened to cut her throat. Officers entered the apartment after which a struggle with police ensued.  The defendant was arrested and charged with assault with a dangerous weapon, assault and battery on a police officer, resisting arrest, trespassing, disorderly conduct and threatening to commit a crime.  Charges are pending in the Lawrence District Court. 

Assuming the case remains in the district court, a likely scenario, the defendant is looking at the following:

1.  Assault and battery by means of a dangerous weapon.  This is a violation of Massachusetts General Laws Chapter 265 Section 15A.  The law provides a district court sentence of up to 2 1/2 years in jail and a $5,000 fine.  An assault and battery is the intentional and unjustified use of force upon the person of another however slight.  It may be proved by showing the intentional commission of a wanton or reckless act.  It must be something more than gross negligence and it must cause physical or bodily injury to another.  The district attorney must prove both the assault and the battery.  Here, to prove this case the prosecutor must show that the defendant touched the knife to his girlfriend.  Many objects suffice to establish the element of dangerous weapon.  It should be no surprise that a knife is considered a dangerous weapon.

2.  Assault and battery on a police officer.  This act is prohibited by Massachusetts General  Laws Chapter 265 Section 13D.  That law states verbatim that “Whoever commits an assault and battery upon any public employee when such person is engaged in the performance of his duties at the time of such assault and battery, shall be punished by imprisonment for not less than ninety days nor more than two and one-half years in a house of correction or by a fine of not less than five hundred nor more than five thousand dollars.”  This crime is almost always charged in cases where police officers use force, particularly severe force in the course of an arrest or investigation.  The large majority of times that I am retained on one of these cases my client appears in my office with bruises, cuts and sometimes broken bones.  Almost always the bruises are on parts of the body that are usually covered by clothing.  The story is typically the same.  The police arrive at an alleged crime scene and conduct an investigation.  The defendant argues with them or “challenges” them by requesting a badge number, threatening to sue them or report them to their superiors.  The officers respond with unlawful and unnecessary force, many times excessive force and they arrest the person.  Now, to protect themselves they charge the individual with assault and battery on a police officer. 

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A Georgetown Police Officer was charged with domestic assault and battery and intimidation of a witness in the Haverhill District Court last week.  The defendant is Garrett Barber of Groveland, Massachusetts.  Barber spent thirteen years as a reserve officer before becoming a full-time policeman one year ago.  As a condition of his release Barber has been ordered to stay away from the victim.  The Haverhill Court judge also required him to surrender all weapons and permits to carry firearms.  The defendant is on paid leave from the police department pending the disposition of the case and a Georgetown Police Department internal affairs investigation. 

Read Full Article at http://www.wickedlocal.com/georgetown/news/x743984721/Officer-arrested-on-domestic-assault-charge. 

Here is a look at the charges:

Domestic Assault and Battery.  The name itself is somewhat misleading.  The law makes it a crime to assault or assault and beat anyone.  There is a potential 2 1/2 year jail sentence if you are convicted of this crime in Massachusetts.  There is an aggravated form of this crime that gives rise to a potential 5 year prison sentence if the assault and battery 1) results in serious bodily injury, 2) is committed in a pregnant person or 3) is committed in violation of a restraining order or a “no contact” order.  Barber now has a “no contact” order imposed against him.  It is the third subsection of the aggravated form of assault and battery that is directed towards domestic violence yet the charges Barber faces have no application to this section in that prior to the incident there was no such order against him.  Regardless, it is now commonplace in Massachusetts to refer to any assault and battery on a domestic partner as “domestic” assault and battery. 

Intimidation of a Witness.  This law is virtually self-explanatory.  If you threaten, convey a gift, harass, mislead a witness in connection with a criminal matter and you are convicted of this crime you face up to 10 years in state prison.  What is not stated in the reports yet apparent is that Barber in some way threatened the victim that if she reported the incident or testified against him in any way there would be consequences. 

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Hosea Richardson, 33 of Newton, Massachusetts was wanted by police for charges of domestic violence in the West Roxbury District Court.  Last week the hunt for Richardson ended peacefully when he surrendered to Boston Police.  Authorities alleged that Richardson had beaten a female in her West Roxbury home after spending a night dancing at a local nightclub.  Richardson fled and allegedly called his mother who lived in Newton to pick him up at a parking lot in Dedham.  The next day Richardson called the police and told them he was going to the hospital where the victim was being treated to get into a confrontation with the police and the victim.  Police feared that Richardson, who had confessed that he was not afraid of being killed by police, would initiate an incident that could result in a physical conflict.  Ultimately the police located Richardson who surrendered peacefully.  He is being held pending a psychiatric evaluation and to answer on domestic violence charges along with other unrelated pending matters. 

Domestic violence occurs when a partner or a family member attempts to dominate another either physically or emotionally.  This typically occurs between husbands and wives, or partners in a dating relationship.  Both men and women can be the victim of domestic violence.  Domestic violence can take on many forms.  Physical abuse and sexual abuse are the most common but psychological abuse or intimidation are also well known forms. 

In Massachusetts domestic violence is governed by Massachusetts General Laws Chapter 209A.  That law provides that anyone who is being abused by a family member or a household member may apply for a restraining order.  The restraining order can require no abuse, or that the person against whom the order issues refrain from contacting the victim or even that that person vacate the home.  Abuse in Massachusetts for the purpose of the statute is an attempt to cause or the actual causing of physical harm, placing another in fear of imminent serious physical harm of causing another to engage in involuntary sexual relations by force or threats or duress.  Household members are considered people who are or were married to one another, are or were residing in the same household, are or were related by marriage, have a child in common or are or have been in a substantive dating or engagement relationship. 

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