Articles Posted in Sex Crimes

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Yesterday Saul Morales of Lynn, Massachusetts was arraigned in the Lynn District Court after being charged with Rape. The Lynn Item reports that police responded to a call in the Albany Street area. They arrived to find a woman and someone else on the sidewalk. The woman was crying. She told police that she visited Morales to charge her cell phone. While there, Morales began grabbing her. She tried to walk away. Morales then grabbed her, pulled her pants down and raped her. The woman was taken to the hospital for treatment. The Lynn Item further reports that the woman’s boyfriend arrived at the defendant’s home after not having heard from her for a while. When he got to the home he could hear the woman crying inside. A few minutes later the woman left the homing claiming that she had been raped. Bail was set in the amount of five thousand dollars.

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Lynn Massachusetts Rape Lawyer

As a Massachusetts Rape Defense Lawyer the first thing that comes to mind is the credibility of the complainant in this case. There is too much “coincidence” suggested by this article. The woman goes to Morales’ home to charge her cell phone and finds herself sitting on his bed. Then all of the sudden he starts a sexual assault that ends in Rape. Meanwhile, her boyfriend becomes concerned that he has not heard from her for a while so he decides to check out the house. Ironically, he hears her cries yet he never calls the police. Instead, he does what no other man would do. Nothing. He waits until she comes out of the home. Now she is crying. She complains that she had just been raped. The two embrace on the sidewalk until the police arrive. Think about this for a minute. Why would the woman have to charge her phone at a friend’s home? Why would the boyfriend become concerned when he had not heard from her? How could she call him when her phone was charging? Why didn’t the boyfriend try to help her? Why didn’t the boyfriend call the police? Something smells bad here. I have had cases like this in the past. Sometimes the “victim” has consensual sex with someone. She regrets this. Someone finds out about the act and she immediately cries rape. I am interested in learning about the physical evidence in this case. Were there any defensive wounds on Morales. What do the hospital tests reveal. Was the woman injured in any way. Why is there no mention of her physical appearance at the time the police arrived. I am sure that Morales’ Massachusetts Sex Crimes Defense Lawyer will investigate these things while preparing Morales’ defense.

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Today the Massachusetts Appeals Court issued its decision in Commonwealth v. Gore, 08-P-2067, a case in which the defendant claimed that he was denied his right to a speedy trial. The facts of the case are as follows:

In October of 1995 a complaint issued in the New Bedford District Court charging Gore with Indecent Assault and Battery on a Child Under the Age of 14, two counts. In November of 1995 a warrant issued for Gore’s arrest. He was not notified of the outstanding charges. Two years later he picked up a case on Rhode Island. Gore was convicted of the cases in Rhode Island and given a prison sentence. He became eligible for parole in November of 2006. Rhode Island was at all times aware of the New Bedford case, a fugitive complaint was filed and Gore never waived extradition. In 1999 the fugitive complaints was dismissed. In December of 2006 the prosecutor in New Bedford applied for a governor’s warrant. In January of 2007 the defendant was ordered extradited to Massachusetts. Gore was arraigned in New Bedford in February of 2007. A motion to dismiss was filed and denied in March of 2008. Gore set out as grounds a violation of his speedy trial rights under the Sixth Amendment to the United States Constitution. Trial started in the spring of 2008. About twelve and one half years had passed since the complaint issued. Gore was tried convicted and sentenced to in the 1995 cases. He appealed.

Citing a United States Supreme Court case the Appeals Court evaluated four factors in determining whether Gore’s speedy trial rights were violated. Those factors contemplate 1) the length of the delay, 2) the reason for the delay, 3) the defendant’s assertion of his right to a speedy trial and 4) the prejudice to the defendant. See Barker v. Wingo, 407 U.S. 514, 530 (1972). Finding the delay here unreasonable the Massachusetts Appeals Court held that Gore’s decision not to waive extradition does not mean that he waived his right to a speedy trial. A defendant has no duty to bring himself to trial. Additionally, the prosecution could have obtained a governor’s warrant earlier than 2007. A twelve and one half year delay is presumptively prejudicial at least in the context of this case. In this decision the Massachusetts Appeals Court also embraced Article XI of the Massachusetts Declaration or Rights which states that everyone in the Commonwealth of Massachusetts has the right to a speedy trial. In addition to federal law state law was violated by the inaction of the district attorney’s office.

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Yesterday a Framingham, Massachusetts man was arraigned in the Middlesex County Superior Court after having been charged with Possession of Child Pornography and Distribution of Child Pornography. The defendant, Thomas Hannover was released on his own recognizance. The Metrowest Daily News article did not provide details of the allegations stating only that the charges followed a two year investigation and that Hannover possessed fifty five files that could be shared peer to peer. A condition of Hannover’s release is that he stay away from children under the age of sixteen.

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http://www.metrowestdailynews.com/news/police_and_fire/x1757338943/Framingham-man-arraigned-on-child-porn-charges

Massachusetts Child Pornography Possession/Distribution Defense Lawyer

Child Pornography Possession and Distribution are types of Internet Crimes. There are lots and lots of people who access Child Pornography on the internet and have absolutely no idea that their actions constitute “distribution”. Now you are probably asking “how can that be?” The answer is easy. File sharing constitutes distribution for the purpose of Child Pornography Laws in Massachusetts. File sharing is the act of enabling access or distributing information that is stored digitally. You might remember Napster or Kazaa when they first came out. All you had to do was sign up and you could immediately search for, access and download music files for any artist for free. What you might now have known what that once these files were loaded people could access them from you computer and download them for their own use or actively distribute the songs. Well, even though you never openly said “come in and help yourself to my music” the act of joining up and using these programs constituted an act of distribution. The same applies here. If Hannover was using these programs so that he could possess the materials for himself, he was also permitting others to get into his files so that they too could view or download the Child Porn. District Attorneys in Massachusetts treat this as distribution, felony.

File sharing activities are being regulated by many governments throughout the world. This has been done to curb the erosion of certain areas of the entertainment industry, particularly the music industry. In many instances lawsuits were filed against people hosting peer to peer file sharing websites. On the criminal side prosecutors and law enforcement officials try to monitor these websites and prosecute people they believe to be exploiting children through these activities. Literally millions of Americans use peer to peer software. Sometimes downloading activities are done innocently or accidentally. Nevertheless, if caught these people are likely to face criminal charges making it imperative that they hire an Experienced Massachusetts Child Pornography Defense Lawyer.

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According to at least one person Kimberly Pietrini and Hassan Wilkes were on vacation and staying at a Framingham, Massachusetts motel. Why Wilkes was at a Dunkin Donuts near the motel Pietrini met with a man who responded to her backpage.com advertisement. The man met Pietrini at the motel. He assured her that he was not a cop. A fee arrangement was made and Pietrini told the man to place his money on a night table and take his clothes off. Unbeknownst to Pietrini, the man was an undercover police officer. She was arrested and charged with Prostitution. At the same time, Pietrini was getting texted by Wilkes. Police found him at the nearby donut establishment. Wilkes denied knowing that Pietrini was working at the time. He did acknowledge that she works as a prostitute. Wilkes was charged with Conspiracy to Commit Prostitution and Deriving Support from a Prostitute. The charges are pending in the Framingham District Court. Pietrini pleaded guilty at her arraignment. She was fined two hundred fifty dollars.

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http://www.metrowestdailynews.com/news/police_and_fire/x242155823/Two-arrested-on-prostitution-charges-in-Framingham

Depending on the accuracy and completeness of this article Wilkes might want to fight these charges. Deriving support from prostitution in Massachusetts is a violation of Massachusetts General Laws Chapter 272 Section 7. The crime is a felony and carries a state prison sentence if the district attorney indicts the case and prosecutes the charges in the superior court. To convict Wilkes the prosecution must prove the following beyond a reasonable doubt:

• That Pietrini engaged sex for a fee
• That Wilkes knew that she did so
• That Wilkes shared in her earnings from that act.

By all accounts Wilkes is guilty of no more than knowing that Pietrini was a prostitute. The prosecution can probably not even show that he knew that she was engaging in such an act while he was out of the room. As a Massachusetts Prostitution Defense Lawyer I am interested in knowing what the text messages from Wilkes to Pietrini said. If nothing inculpatory was texted that in all probably Pietrini would have to testify against him and it is highly unlikely that she would do so. Cases like this often go to trial and get dismissed on a motion for a required finding. Motions to dismiss can be filed and argued, and on occasion these can be successful in the district court. This is an alternative to trial and a good way to rid the court system of cases that have no viability. This tactic requires the right set of facts, the right judge and a defense lawyer who knows and is able to argue the law. It is abundantly clear why Wilkes chose to plead not guilty at his arraignment as opposed to Pietrini.

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Brian Racine is forty six years old. He is registered under Massachusetts law as a level three Sex Offender. He is now in the fight of his life, fighting allegations that he committed Indecent Assault and Battery on a Child Under the Age of 14, a Second or Subsequent Offense on several occasions back in 2008. The Lowell Sun has been reporting the trial. The victim, who was eight years old at the time of the alleged incident apparently testified that Racine put his hand in the boys’ pants and moved his private parts. The two were watching a cartoon and the boy was sitting on Racine’s lap. According to the prosecution the boy and his family were staying with Racine while looking for their own place to live. Within a couple of weeks the abuse started. The boy said nothing for a couple of days. Then, when his family left Racine’s home the disclosure was made to his mother. Racine has been convicted on two other occasions of Sex Crimes. He was convicted in 1983 for an undisclosed offense. In 2003 he was convicted of Possession of Child Pornography if Federal Court. For that conviction he was sentenced to forty one months. Racine also faces prosecution for a 2009 case wherein he is accused of committing Rape of a Child with Force, Indecent Assault and Battery on a Child Under the Age of Fourteen, Second or Subsequent Offense and Assault With the Intent to Commit Rape. The current case is being prosecuted in the Middlesex Superior Court in Woburn.

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Woburn Massachusetts Child Rape Defense Lawyer

In 2005, in response to a horrific crime, the state of Florida enacted a law that became known nationally as Jessica’s Law. Jessica Lunsford was a nine year old who was killed by a sexual deviant who had been convicted of sex crimes against a child in the past. The law required lengthy minimum mandatory sentences for people who had been convicted of committing Child Sex Crimes. A bill similar to the Florida law was introduced to Congress but it never passed. That did not stop over forty states from adopting a similar law. The Massachusetts version is what Racine is being prosecuted under. The law in Massachusetts went into effect in 2008. The version of the law that Racine is defending against is codified in G.L. c. 265 §13B ¾. That section makes a conviction for this offense punishable by a minimum mandatory fifteen years in state prison. The prior Sex Crime Conviction enhances the sentence. In this case the outcome is simple. If the jury believes the victim, who is now eleven, Racine will serve at least fifteen years in prison. He could face up to life in prison. With a record like his and with a pending similar offense, no sentence would come as a surprise to a Massachusetts Sex Crimes Defense Lawyer.

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If today’s Lawrence Eagle Tribune story is true sixty seven year old Robert Levesque appears to be in a great deal of trouble. The Haverhill native is being charged with Rape of A Child and has been indicted by an Essex County Grand Jury. Levesque’s case will move from Haverhill to the Essex County Superior Court in Salem where he will be prosecuted. Apparently, on March 16, 2011, accompanied by his wife Levesque entered the Haverhill police station. There, he admitted to having sex with a girl under the age of sixteen. The act occurred over a one year period and consisted of several incidents of abuse. A judge set Levesque’s bail at ten thousand dollars.

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http://www.eagletribune.com/haverhill/x1315241161/Man-67-indicted-on-child-rape-charge

Salem, Massachusetts Child Rape Defense Attorney

Several times each week I get calls from clients telling me that they received a call from a police officer and that they were asked to go down to the station “to answer a few questions”. When they ask me if they should go down to speak with someone my advice is always NO! I have never seen someone talk himself out of a criminal charge. However, on countless occasions people who have visited the police station for questioning find themselves arrested and charged with a crime shortly thereafter. Some of these people never even get to leave the station. They get arrested on the spot. More unfortunate is that the large majority of these folks would not even be charged with crime had they called a Massachusetts Criminal Defense Attorney and taken some simple advice: Do not talk to anyone other than your lawyer. Our constitution provides everyone with an absolute right against self-incrimination. You are under no obligation to answer questions asked by law enforcement personnel. More importantly however is the fact that your silence cannot be used against you in any way. Even at trial the police are not permitted to tell a jury that they asked you to come in to speak with them and that you refused. Whenever you are in doubt about your rights you should contact a lawyer. I am not saying that Levesque would not have been charged had he kept his mouth shut. Yet by admitting to having committed this crime he has made his defense much more difficult. There is nothing more damaging than an admission to a crime. Hopefully his lawyer will be able to somehow get his confession tossed. If not, at age sixty seven whatever sentence he gets after a conviction will likely seem like a life sentence.

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In a somewhat rare move local authorities have charged Dilip, Navin and Ashok Patel, owners of a local Days Inn with a criminal complaint that they permitted immoral conduct at their Methuen, Massachusetts hotel. According to a report in the Lawrence Eagle Tribune the hotel has been catering to drug usage, permitting minors to drink alcohol and for Prostitution. For nearly a four month period the Methuen Police have filed about twenty complaints at the hotel against various people. Efforts of the authorities to meet with the Patels have been fruitless according to the report. The Methuen police chief went so far as to say that the motel owners will not meet with the police. Here is a summary of some of the incidents alleged to have occurred at the motel recently:

• An underage drinking party in February wherein nine people under the age of twenty one were summonsed into court for a criminal application
• A March prostitution sting following complaints from restaurant customers in the motel. The customers were offered sex for a fee. Investigating the complaint officers set up an undercover operation. They met with two women who offered their sexual services. Both were arrested. During the arrest Cocaine was found in their possession. Criminal charges followed. There is a suggestion that a backpage.com operation has been run out of that establishment
• A baby was delivered at the hotel in a room in April and found dead in the room
• An investigation at the motel disclosed that an individual was using the establishment to Derive Support from a Prostitute (Pimping). The pimp was allegedly Distributing Class E substances as well
• There have been thefts from the bar at the hotel
• There have been fight in the bar resulting in Assault and Battery charges issuing
• There have been arrests made in the motel parking lot for Drug Distribution

• There have been charges of Domestic Assault and Battery filed as a result of incidents at the motel
• There was a death resulting from a drug overdose at the hotel
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http://www.eagletribune.com/local/x1517686290/Police-Methuen-hotel-a-hotbed-for-criminals

It appears that the district attorney will prosecute this case under Massachusetts General Laws Chapter 140 Section 26. That law permits the prosecution of anyone who knowingly permits his motel to be used for “immoral solicitation” or “immoral conduct”. A conviction for this charge can result in a one year jail sentence. This crime is a misdemeanor. The defendants’ Massachusetts Criminal Lawyer will likely defend this case by arguing that the defendants did not know what was going on in their motel and that they never permitted that type of conduct. This case will be difficult for the prosecution to win. The fact that the defendants refused to cooperate in the investigation cannot be used as evidence of their intent. It cannot be used as evidence at all. Attributing knowledge to the owners might also be difficult if they were rarely on the premises. This article suggests that the motel was managed by someone other than the owners. That suggests that they had no idea what was happening when these incidents allegedly took place. Getting a conviction for these charges will be difficult if not impossible.

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Jeanette Bearden of Carson, California was arraigned in the Lynn District Court yesterday after undercover police officers arrested her for Prostitution. Bearden, 44 had placed in advertisement on www.backpage.com in which she offered unspecified services. Responding to the ad were local police officers. One of the officers called the number listed by Bearden. Bearden referred him to her website which provided a service and rate chart. With a surveillance operation in place the officer went to Bearden’s hotel room in Saugus, Massachusetts. She solicited him telling him that he would have to take his clothes off. The surveillance team entered the room and effectuated an arrest. The operation took place this past Wednesday. Bearden has been charged with Sexual Conduct for a Fee. Bail in the amount of two thousand five hundred dollars was set.

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Massachusetts Prostitution Defense Attorney

Backpage has become the most popular website for this type of activity. Its popularity has soared since Craigslist got rid of its domestic erotic services section back in September of 2010. Making arrests for this activity is relatively easy however curtailing the activity is not. You can read internet articles and see that arrests are made daily using the investigative techniques that resulted in Bearden’s demise. However, compare this to the number of advertisements that are placed daily and you will see that eradicating this activity is impossible. Many of the people arrested in these operations are from out of state. They fly into a different city, set up their operation, work and leave after a short stay. This makes monitoring their activity difficult if not impossible. Prostitution laws differ from state to state. The prostitutes know this. Websites post comparative laws for prostitution convictions. This enables the more savvy participant the opportunity to keep his or her operation fluid and more likely to avoid detection.

Sex For a Fee in Massachusetts is a misdemeanor. There is a maximum one year house of correction sentence that can be imposed upon a conviction for the offense. For first time offenders a good Massachusetts Criminal Defense Attorney might be able to get the charges dismissed on court costs or convince the district attorney to agree to pre-trial probation. This makes your selection of a criminal lawyer all the more important. Before hiring a lawyer for a Prostitution in Massachusetts charge make sure that the lawyer has explained to you all of your rights and options. You also want to make sure your lawyer has experience in the court where you have been charged and that he or she has appeared before the judges who sit in that courthouse.

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According to a report on boston.com Norman Barnes of Dorchester, Massachusetts Kidnapped a fifteen year old girl on May 7th, kept her against her will and forced her to work as a prostitute. On Thursday the girl was able to escape from her hotel room. She went to the hotel lobby and contacted some relatives. One of the relatives got hold of a state trooper who was nearby. The trooper arrested Barnes. It is alleged that Barnes made the girl work as a prostitute in Dorchester, Danvers and Quincy. Authorities have also accused Barnes of raping the girl.

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Boston Rape Defense Lawyer

It appears from this article that Barnes is going to be charged with Rape, Kidnapping and Inducing a Minor Into Prostitution at the very least. The latter crime is the only one with a minimum mandatory sentence. Massachusetts General Laws Chapter 272 Section 4A states that anyone who induces a minor to becoming a prostitute must serve at least three years in state prison. The law requires the district attorney to prove beyond a reasonable doubt that the minor was not already engaged in the business of prostitution. This is a unique law in that it permits the defense to introduce evidence that the minor was in fact a prostitute prior to the defendant’s involvement with her. In most cases, the Rape Shield Statute prohibits evidence pertaining to a victim’s sexual history. At times prosecutors drop this charge and proceed with other charges that arguably keep the door closed on evidence that might show a victim’s sexually active or suspect past.

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Andrea Davio-Michaud is forty years old. She is an inmate at M.C.I. Framingham. She has been convicted of Identity Fraud and Credit Card Fraud and is serving a sentence for those crimes. In October of last year Davio-Michaud reported that she had been raped at a halfway house where she was serving out the remainder of her sentence. She claimed to have been approached from behind by an unknown man while she was in the bathroom, dragged to her room and raped. A police investigation disclosed inconsistencies in her story. Then, her husband told authorities that Davio-Michaud had made several other false rape claims in the past and that she would injure herself to support her fictitious story. Yesterday, Davio-Michaud pleaded guilty to Filing a False Police Report and was sentenced to six months to be served concurrently with the sentence she is now serving. The case was prosecuted in the Framingham District Court.

davio-michaud.jpg

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http://www.metrowestdailynews.com/news/police_and_fire/x1990774051/Woman-pleads-guilty-to-false-rape-report-in-Hopkinton

Framingham Rape Defense Lawyer

Massachusetts General Laws Chapter 269 Section 13A states that anyone who knowingly makes a false police report is guilty of a misdemeanor and can be punished for up to one year in the house of correction. In the context of this case it seems like a rather minor charge given that if someone had been charged with Rape as a result of the lies that person’s life would be turned upside down. He would suffer the stigma of a heinous accusation, possibly lose his job and have to spend money retaining a Massachusetts Criminal Lawyer who defends Rape Cases. Based on this article it appears that Davio-Michaud had a great lawyer representing her.

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