Articles Posted in Violent Crimes

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Around 2:00 a.m. Monday morning Taunton, Massachusetts police received a 911 call from a woman who had locked herself in a bathroom after having been beaten by her boyfriend according to the Brockton Enterprise. The officers who responded located the woman in the bathroom and appearing scared. She alerted them to the fact that her boyfriend, Peter Azille was hiding behind the bathroom door. The two were separated. Azille yelled to the woman not to talk to the police. He maintained an aggressive attitude towards law enforcement officials, was handcuffed and arrested. The woman refused medical treatment yet due to her representations Azille was charged with Kidnapping and Domestic Assault and Battery. His actions towards the police and witnessed by the police resulted in him being charged Witness Intimidation and Resisting Arrest.

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http://www.enterprisenews.com/news/cops_and_courts/x1920417408/Taunton-man-charged-with-kidnapping-assaulting-girlfriend

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Massachusetts Criminal Lawyer, Resisting Arrest

As I have mentioned many times in the past Resisting Arrest in Massachusetts is all to often a charge issued against people who have been assaulted by the police during the course of an arrest or investigation. Many times police officers try to deflect their violent, aggressive and at times illegal conduct by charging suspects with crimes that they did not commit, simply to avoid being sued for their behavior. Assault and Battery on a Police Officer is another such charge brought for the same reasons. Each and every time I meet with a client who has been charged with Resisting Arrest or Assault and Battery on a Police Officer the client has been visibly beaten and bruised by the police officer who created the charge. Here, given that the victim did not receive medical treatment and is the defendant’s girlfriend there stands a chance that the Kidnapping and Domestic Crimes will not be prosecuted successfully. That is why it is imperative that Azille Hire a Massachusetts Criminal Lawyer who has experience defending charges of violence against police officers.

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Around 3:00 a.m. Monday Lynn, Massachusetts police responded to a call for an Assault. The victim reported that her child’s father, Anthony Gainey knocked on her door. When she answered he pushed the door open, entered the apartment and threw her into a wall. Once she fought back Gainey pulled out a firearm, put it to her head and threatened to kill her. She screamed and Gainey left the home. He entered a vehicle in which co-defendant Keron James Franklin was seated. Police located the car and arrested the occupants, Gainey and Franklin. Franklin was found in possession of a Knife, Crack Cocaine, Percocet pills and Marijuana. He is being charged with Distribution of Class D and Distribution of Class B. Gainey is being charged with Breaking and Entering With the Intent to Commit a Felony, Assault and Battery by Means of a Dangerous Weapon and Domestic Assault and Battery.

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http://www.thedailyitemoflynn.com/articles/2010/05/11/news/news14.txt

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Domestic Violence Defense Lawyers in Massachusetts
Cases charging defendants with acts of Domestic Violence in Massachusetts can be difficult for district attorneys to prove. Take for instance this case. Gainey and the complainant had a relationship that produced a child. Issues centering on children are often emotionally charged. People say and do things that they do not mean or are not true. It is unlikely that Gainey really had a gun. If he had the presence of mind to rid himself of the weapon after this dispute it would be due to his fear that the police were looking for him. It would logically follow that Franklin would then get rid of his drugs. Gainey’s might defend this case by suggesting the complainant is lying. Absent corroboration of her story this might be a viable defense. Franklin faces a different situation. His defense will center on the legality of the Search and Seizure. Absent reasonable suspicion the police had no legal reason to frisk him. Franklin was not in any way involved in the incident at the woman’s apartment. He was simply in a car, waiting for Gainey. Absent an articulable suspicion the pat frisk might be deemed illegal and Franklin’s case could be dismissed in its entirety.

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Rafael Diaz of Lawrence, Massachusetts has been charged with Assault With Intent to Murder and Assault and Battery by Means of a Dangerous Weapon after stabbing a patron at a Lawrence nightclub this past Saturday. The victim, Javier Laboy was treated at Lawrence General Hospital and gave a description of Diaz. The police located Diaz at his home. He greeted the officers with a box cutter in his hand. His clothes had blood on them and he had a lump on his forehead. Diaz offered information that suggests Laboy might have been the first aggressor. The case is pending in the Lawrence District Court. If Laboy’s injuries are insignificant and Diaz has an unremarkable it is not likely that this case will be indicted to the Essex County Superior Court in Salem.

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http://www.eagletribune.com/local/x537290981/Man-stabbed-in-fight-at-social-club

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Self Defense in Massachusetts

In Massachusetts if the defense of Self Defense is presented it is the obligation of the prosecution to prove beyond a reasonable doubt that the accused did not act in self-defense. Everyone has the right to defend himself. To do so however the following circumstances must be present: 1) that the defendant had a reasonable belief that he was being attacked or about to be attacked; 2) the he limit the force he uses to that which is reasonably necessary under the circumstances and 3) that he do all he reasonably can to avoid combat. In close cases judges in Massachusetts are supposed to give the defendant the benefit of any doubt and give a self-defense instruction. Depending on what happened at the nightclub self-defense might be an option for Diaz to set out at trial. It would be interesting to see what the patrons who witnessed the incident have to say.

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Adrian Clarke of Boston and Lloyd Smith of Nantucket were charged in the Lynn District Court with Kidnapping and Raping a thirty two year old woman this past weekend. Bail for each was set at five hundred dollars. The Lynn Item reports that the woman, a prostitute was working in Boston Saturday night when she was approached by the defendants. She was forced into their vehicle and taken to a warehouse in Lynn. Both men forced her to have intercourse with them and to perform oral sex on them. They then put her back into the van and dropped her off at a street corner. The woman contacted the police who stopped the defendants in their vehicle. It is also reported that the defendants gave a different story. They negotiated a fee for her services. She agreed to go with them to Lynn. While on the way the defendants purchased some condoms. After engaging in the consensual, paid for sexual acts the victim fell asleep. She was then driven part way home but refused to get out of the car, offering to refund their money if they took her back to Boston. The defendants refused to do so. The charges are pending in the Lynn District Court. The prosecutor may choose to indict this case to the Essex County Superior Court in Salem.

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http://www.thedailyitemoflynn.com/articles/2010/04/13/news/news05.txt

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Lynn, Massachusetts Rape, Kidnapping Defense Lawyer

From the perspective of a Massachusetts Criminal Defense Attorney cases like this are difficult for the district attorney to successfully prosecuted. The “victim’s” story sounds more like a failed business venture than a Rape or Kidnapping. There will possibly be a chain of evidence supporting either the victim or the defendant’s story. There are cameras at toll plazas that might show where the woman was sitting the van and her demeanor. There may well be cameras at the store where the condoms were purchased either inside the store, in the parking lot or both. There will be evidence supporting or contradicting the stories that can be found at the warehouse. There might be cameras at the gas station in Revere where one of the defendants claims to have originally intended to drop off the woman. Any Massachusetts Criminal Lawyer with experience defending cases in Lynn and Essex County will look into these matters while defending his or her client.

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This past Sunday Christopher Brunet of Lincoln, Rhode Island was arrested. He has been charged with Rape of a Child, Child Enticement and Assault of a Child With the Intent to Commit Rape. The victim is the nine year old daughter of an acquaintance. Apparently the child complained to her mother of having stomach pains. She was taken to a local hospital where medical personnel determined that she had been sexually assaulted. The incident was reported on April 10, 2010 after which an investigation began. Prosecutors stated that this is not the first time that Brunet has been accused of sexually assaulting a child however the defendant has no criminal record. Bail was set at twenty five thousand dollars in the Framingham District Court. The case will be prosecuted in the Middlesex Superior Court in Woburn.

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http://www.metrowestdailynews.com/news/x53548709/R-I-man-charged-with-raping-9-year-old-girl

Massachusetts Sexual Assault Defense Lawyer

Massachusetts Rape Defense Lawyer

Defending Child Rape Cases in Massachusetts presents perhaps the most difficult for a Massachusetts Criminal Defense Lawyer. Even though our laws state that a person is presumed innocent the mere allegation of the sexual abuse of a child creates alarm among perspective jurors. It is natural for anyone to ask the question “why would a child make something like that up?” Over the course or my career I have encountered many reasons. At times the allegations stem for parental pressure during custody battles. Sometimes, after medical attention discloses the abuse innocent people are accused, usually by a parent, to deflect attention from themselves, a spouse or partner who is in fact responsible for the crime. A good lawyer will investigate these and countless other possibilities when defending a wrongly accused client. In cases like this, the investigation can make the difference between a conviction and acquittal.

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John Foley of Abington, Massachusetts was released after posting fifty thousand dollars bail. He was held after being arraigned for allegations that he scalded his girlfriend’s two year old son. Apparently the incident occurred on April 2, 2010. The victim’s mother told police that while she was eating dinner Foley and her son were in the bathroom. She heard her son crying for ten minutes. She went to investigate. She observed her son’s hand to be red and burned. She claimed that Foley excused this as an accident. It is reported that the child’s right hand was burned down to his wrist, his left hand sustained burns as did his right foot. The victim’s mother initially told the police that this was an accident however she later recanted. Foley has been charged with Assault and Battery with Injury to a Child and Aggravated Assault and Battery on a Child. Charges are pending in the Wareham District Court.

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http://www.enterprisenews.com/news/cops_and_courts/x53547646/Abington-man-faces-child-abuse-charge

Child Abuse Defense Lawyer in Massachusetts

I would imagine that a toddler being scalded by hot water would let out a significant scream. Certainly this would be much more alarming than simply hearing the child crying. Would a mother really sit and listen to her child cry for ten minutes while she was finishing her dinner? Is it more likely that she would go into the bathroom to see what was happening to her child and to offer assistance to her boyfriend? These are issues that Foley’s Massachusetts Criminal Defense Lawyer will likely be exploring as the case works its way through the Plymouth County Court system. And why is Foley being charged rather than the mother? Is it simply because she changed her story? And when did she change her story? After the medical personnel came to their conclusion that this was not an accidental splashing but an immersion of the child’s hand into hot water? It seems like Foley has a lot to work with in support of his defense.

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Jessica Sampson is twenty three years old. She is now being held on twenty thousand dollars cash bail after supposedly stabbing her boyfriend in the chest during an argument with a kitchen knife. She is also accused of kicking the emergency medical technician in the stomach. The victim sustained stab wounds of a significant nature to his upper chest. Sampson was described as intoxicated. She has been charged with Assault and Battery, Domestic Assault and Assault and Battery by Means of a Dangerous Weapon. The victim is apparently doing well at this time.

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http://www.metrowestdailynews.com/news/x1030871490/Hudson-woman-charged-in-stabbing

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Domestic Violence and Abuse

Now here is a pretty interesting statistic supported by several websites. About forty percent of all incidents of Domestic Violence and Abuse involve violence by women against men. That translates into between three hundred thousand and four hundred thousand cases each year where the man is the victim. Few men report incidents of Domestic Violence however. The triggers of women abusing their husbands or boyfriends are typically alcohol abuse, psychological disorders or unrealistic expectations, assumptions and conclusions. My office is starting to see more women charged with Domestic Assault and Battery. We are also seeing more men seeking Restraining Orders against their spouses or girlfriends. Prosecutors in Massachusetts view these cases seriously no matter who the accused. If charged with this type of crime you should immediately Hire a Massachusetts Criminal Defense Lawyer.

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Thirty four years ago Eleanor Wadsworth was beaten, shot and killed at Pike’s Funeral Home in Gloucester, Massachusetts. Wadsworth was sixty five at the time and she worked and lived at the funeral home. Last March Gloucester police re-opened the case. Their investigation which included interviewing several witnesses suggested that Wadsworth was killed by three people during a robbery. The suspects are Norman Pike, the funeral home owner’s grandson, Kevin Ireland and another man not identified. Pike left Gloucester just days after the incident. Ireland currently lives in Gloucester and was recently arrested on this case. Pike, aka Dan Franklin who now lives in San Francisco if fighting extradition. Ireland is being arraigned today in he Gloucester District Court.

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http://www.boston.com/news/local/breaking_news/2010/03/police_charge_t.html

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Prosecuting “cold cases” can at times be a daunting task. Witnesses’ may no longer be available to testify. Those who remain can have problems recounting sufficient detail to sustain a conviction. Experienced Massachusetts Criminal Defense Lawyers are often able to attack any memory defects and show juries the doubt necessary to sustain an acquittal. If there are no eyewitnesses to the murder as suggested by the article and neither of the defendants cooperates it will be difficult for the prosecution to recreate the events in a way that satisfies its burden. It would not surprise me to see defense lawyers pointing the finger at the deceased suspect and identifying him as the sole culprit.

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Roberto Perez is eighteen years old. Authorities allege that on Saturday night he stabbed a sixteen year old male, also from Rockland. The victim was airlifted to a Boston hospital where he was listed in stable condition. Perez is facing charges of Assault and Battery by Means of a Dangerous Weapon and Assault With Intent to Murder charges. Several people called 911 to report a group of people fighting. Responding police found the victim and subsequently found and apprehended Perez. The case is now pending in the Hingham District Court but will likely be indicted and prosecuted in the Plymouth County Superior Court in Brockton.

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http://www.boston.com/news/local/breaking_news/2010/03/man_arrested_in_12.html

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Assault With Intent to Murder in Massachusetts

Witnesses have described the incident as a fight. Self-defense is commonly employed to counter allegations that a defendant was the aggressor in a fight. When a defendant utilizes a self-defense argument the burden shifts to the prosecution to prove beyond a reasonable doubt that the defendant did not act in self-defense. Defendants have the right to use self-defense when they reasonably believe that they are being attacked or immediately about to be attacked and that their physical safety is at immediate risk. They can use no more force than is reasonably necessary under the circumstances of the case to defend themselves. The defendant must also try to avoid combat before resorting to force. Depending on how the fight evolved Perez might be able to defend his case on this theory.

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This past Sunday Sokhanara Chea of Lynn, Massachusetts was arrested in Lawrence after allegedly discharging a firearm into the air on Franklin Street. Shortly after midnight police officers patrolling that area heard four to five shots fired in the Common Street area. When they arrived at the scene they observed two men walking away from one another. One of the men opened a car door and placed something in it. Having just seen the police the individual then started to run. When he was apprehended he fought with the police. The firearm was located under the seat of the car. Five shell casings were located on the sidewalk nearby. Chea has been charged with Carrying a Firearm, Discharging a Firearm Within 500 feet of a Building and Leaving a Firearm Unattended. The case is currently being prosecuted in the Lawrence District Court.

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http://www.eagletribune.com/punews/local_story_055003908.html

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Lawrence Massachusetts Gun Cases

Carrying a Firearm in Massachusetts is a felony in Massachusetts proscribed by Massachusetts General Laws Chapter 269 Section 10. A conviction of this offense carries a mandatory minimum eighteen months in the house of correction. Discharging a Firearm Within 500 Feet of a Building carries no minimum mandatory sentence. To prove the carrying charge the district attorney must show that Chea had possession of the gun. This begs the question: Did he put the gun in the car? If he did and he was not licensed to carry the firearm he faces the mandatory minimum sentence. The article states that the police did not actually see him place the weapon in the car. Rather, his actions suggested that he was secreting the weapon in the car to avoid detection. This makes no sense. When the police arrived they saw two men walking in opposite directions seemingly trying to avoid the police. One of them, supposedly Chea, opened the car and put the gun in the car under the seat. This takes time and seems unlikely for someone who is trying to escape from a crime scene. A more natural reaction would be to run and throw the gun somewhere. Whose car was this? People in that neighborhood do not usually keep their cars unlocked. If it was Chea’s car why would he walk towards it and put the gun inside knowing the police were after him. As to the second charge, there is no indication that anyone actually saw him shoot the gun. This might be a defensible case.

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