Articles Posted in Violent Crimes

Former Boston gang member Michael Addison was sentenced to death yesterday for killing a Manchester, New Hampshire police officer.  In October of 2006 Officer Michael Briggs and his partner confronted Addison who was suspected in a shooting and a couple of armed robberies.  In order to avoid apprehension Addison shot Briggs in the head and fled.  The death penalty phase of the trial followed the murder conviction after a 9 week jury trial.  It marked the first time in 49 years that a New Hampshire jury issued a death sentence.  The last execution in New Hampshire was in 1939.  If the death sentence is upheld Addison will die by lethal injection. 

Fighting against the death penalty Addison’s lawyers showed that he had a troubled childhood and likely sustained brain damage as a result of his teenage mother’s alcohol and drug abuse during pregnancy.  Evidence showed that Addison had been abandoned by his parents and raised by his maternal grandmother. When he was 16 Addison was taken into custody by the Department of Youth Services after a failed attempt to shoot a student outside a Dorchester high school. He was convicted later of stabbing a man and stealing his hat.  The prosecution on the other hand portrayed Addison as the former leader of a violent Boston street gang. 

Several politicians weighed in on the verdict.  Governor John Lynch issued a statement affirming his belief in the death penalty.  He also stated that he “believe[s] this was a just verdict.”  A Portsmouth state representative vowed to file anti death penalty legislation.  Such legislation was passed by the legislature in 2000 only to be vetoed by the governor.  Boston Globe, December 19, 2008, Shelley Murphy. 

Currently there is no death penalty in the Commonwealth of Massachusetts.  In 1975 the Supreme Judicial Court decided the case of Commonwealth v. O’Neal, 367 Mass. 440 (O’Neal I).  In that case the Court focused on the defendant’s right to Due Process and held that “the right to life is a fundamental constitutional right, that due process of law requires that the burden be on the State to demonstrate a compelling State interest served by the mandatory death penalty and absence of any less restrictive means of furthering such interest”.  The Court in O’Neal I requested that this matter be briefed on this one issue.  A few months later in Commonwealth v. O’Neal II, 369 Mass. 242 (1975) the Court ultimately held that the Commonwealth had not provided adequate justification for capital punishment, and the statute thus violated both the due process and the prohibition of cruel or unusual punishment provisions of the Massachusetts Constitution. This remains the state of the law today notwithstanding approximately seven gubernatorial and/or legislative attempts to re-institute a death penalty law. 

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On January 28, 2007 Herman Irene flagged down a cab on South Broadway in Lawrence, Massachusetts.  The cab driver, Bienvenido Rodriguez already had a fare but agreed to let Irene sit in the front seat and drive him a short distance for five dollars.  The passenger heard Irene and Rodriguez argue in Spanish.  Irene then brandished a knife, robbed Rodriguez and fled from the cab.  That is when Rodriguez took out his gun and fired a shot into Irene’s back.  The passenger witnessed the robbery and the shooting.  Irene was charged with armed robbery and assault with a dangerous weapon.  Prior to trial he was offered a 5-7 year sentence.  Irene rejected the offer, went to trial in Salem Superior Court and lost.  He was just sentenced to 15-22 years in state prison.  He will have to serve at least 15 years of this sentence before he is eligible for parole.

The prosecution did attempt to charge the cab driver with armed assault with intent to murder, assault and battery with a dangerous weapon, and discharging a firearm within city limits.  The case was presented to an Essex County Grand Jury.  The grand jury did not return a bill.  The result is that there was no prosecution against Rodriguez.  

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George Hassett writer for the Somerville News reported

that on October 31, 2008 Somerville Police captured a suspect wanted

for hitting two police officers and a civilian with his car as he fled

The Metrowest Daily News reported

Tuesday that a twenty one year old Marlborough man was arrested Sunday

and charged with beating a pregnant woman.  The man was charged with

The Lawrence Eagle Tribune reported that on October 2, 2008 Raul Rodriguez pleaded guilty to manslaughter and unlawful possession of a firearm.  The conviction stemmed from an incident two years ago during which Rodriguez was playing with a 9 millimeter handgun after a night of heavy drinking.  After trying to clear the weapon and believing that the chamber was empty, Rodriguez pointed the gun at the head of Rafael Ortiz and fired.  The gun discharged and a bullet struck Ortiz in the head killing him.  Rodriguez did not know that his efforts at clearing the weapon were unsuccessful and that he had in fact caused a live round to enter the chamber.   Rodriguez was initially charged with murder.  According to reports, upon initial inquiry Rodriguez was found crying and told the police “I know you guys are going to arrest me,…My buddy’s shot, and it was over drugs.”  No gun was found at the scene.  The judge sentenced the defendant to 2 1/2 years to 3 1/2 years in state prison.  The prosecutor asked for a more severe sentence of 6 to 8 years.  Defense counsel tried to convince the judge to impose a house of correction sentence.  Rodriguez was given a stay of execution of his sentence so that he could wrap up his auto repair business.  Read entire article, Lawrence Eagle Tribune, October 3, 2008. 

Manslaughter in Massachusetts is a crime punishable for up to 20 years in state prison.  Manslaughter is proscribed by Massachusetts General Laws Chapter 265 Section 13.  There are two types of manslaughter in Massachusetts, voluntary manslaughter and involuntary manslaughter.  Both come with several nuances and both require an absence of malice.  Voluntary manslaughter can arise 1) from heat of passion upon a reasonable provocation, 2) as a result of the heat of passion induced by sudden combat or 3) as a result of the excessive use of force in self defense or in defense of another.  Involuntary manslaughter can come about as a result of the wanton or reckless conduct.  Wanton or reckless conduct contemplates acts that create a high degree of likelihood that substantial harm will result to another. Often times involuntary manslaughter is referred to as criminal negligence or gross criminal negligence.  It is in essence a blatant disregard for the dangers of a particular situation.  It is likely that Rodriguez was charged with involuntary manslaughter under this theory. 

Our office defends people accused of committing violent crimes such as manslaughter.  Manslaughter is a serious crime that is not often charged.  Typically, murder is charged and manslaughter becomes an lesser option for the jury to consider.  Rodriguez was fortunate enough to be represented by an excellent criminal defense lawyer who succeeded in convincing the judge to impose a rather lenient sentence given the nature of the crime.  Hiring the right Massachusetts criminal defense attorney is a critical decision.  Please explore our website for a listing of our services and our experience. 

On December 31, 2008 the defendant Alexis Infante was charged with attempted murder in the Salem Massachusetts District Court.  It was alleged that he attacked his wife with a knife after claiming that she was “bad luck”.  Those charges were eventually reduced to assault and battery by means of a dangerous weapon and assault and battery.  While he was out on bail however Infante exposed himself and masturbated in front of a young child and her babysitter.  He was charged with open and gross lewdness, also in the Salem District Court.  After that charge issued the defendant was held in custody.  On September 24, 2008 the defendant was given a two year suspended sentence with the time he had already served awaiting trial treated as sufficient.  This sentence accounted for all counts in both cases.  For full details read Salem Daily News, September 25, 2008. 

In the Massachusetts District Courts assault and battery by means of a dangerous weapon carries a 2 1/2 year sentence in a house of correction.  The Superior Court also has jurisdiction over this offense.  If the case is indicted a defendant faces 10 years in state prison.  Assault and battery in Massachusetts carries a 2 1/2 year house of correction sentence as well.  Again, this crime could be presented to a grand jury and if indicted you could face up to 5 years in state prison. 

Open and gross lewdness is a crime in accordance with Massachusetts General Laws Chapter 272 Section 16.  The statute reads as follows:  “A man or woman, married or unmarried, who is guilty of open and gross lewdness and lascivious behavior, shall be punished by imprisonment in the state prison for not more than three years or in jail for not more than two years or by a fine of not more than three hundred dollars.”.  Exposure or attempted exposure of one’s genitalia is not an essential element of this crime.  To be convicted of this crime the prosecution must prove beyond a reasonable doubt one or more persons was alarmed or shocked by the defendant’s behavior and that the defendant intended to alarm or shock the person.  Keep in mind that this is a very serious charge.  A second or subsequent conviction for this offense can result in the consequence of having to register as a sex offender. 

On Tuesday, September 23, 2008 Alex Scesny was arraigned in the Worcester Superior Court for the 1996 murder of a Fitchburg prostitute.  Just prior to this arraignment, Scesny, a 39 year old construction worker was tried for charges of rape, assault with intent to murder, assault and battery and assault and battery by means of a dangerous weapon.  It was alleged that in March 2007 at a West Boylston motel Scesny raped a woman and tried to suffocate her with a pillow.  The woman testified Tuesday that he raped and tried to suffocate her last year at Reservoir Motor Lodge in West Boylston where they’d been smoking crack cocaine and had had consensual sex. He was acquitted of all charges except the assault and battery charge.  Scesny was sentenced to 18 months in the house of correction.  He is being credited with the time he served while awaiting trial.  Scesny was represented by Attorney Michael Hussey, a well-respected Massachusetts criminal defense lawyer who has handled many high profile cases in Massachusetts.  Hussey pointed-out inconsistencies in the story Scensy’s accuser in the rape trial told and that she never had an exam for sexual assault. The prosecutor played Scesny’s tape recorded interview where he said “I did not rape anybody. I never have raped anybody and never will rape anybody”. 

As to the new case, the prosecution alleged that Scesny’s DNA profile was found on samples taken from the victim’s body.  The victim, Theresa Stone was a prostitute who fought a drug addiction.  Her body was found in 1996 along Kinsman Road in Fitchburg, partially clad and strangled.  Scesny became a person of interest in Stone’s death in May of this year.  Police are also investigating similarities among this case and the murders of several other prostitutes with ties to the Worcester area, many of whose bodies were dumped alongside roads or near wooded areas.  Scesny was ordered held without bail.  Read entire article, Boston Globe, September 24, 2008 by Milton Valencia.  

On May 7, 2008 wbz.com reported that according to the Brockton Enterprise, investigators were trying to figure out if Scesny was in the New Bedford area in 1988 – the same year 11 drug-addicted women were reported missing. Police were then creating a timeline to figure out Scensny’s whereabouts at that time.

The defendant, 34 year old Michael Smith was indicted by a Suffolk County Grand Jury on 1 count of kidnapping.  He was arraigned in the Suffolk Superior Court and held on $250,000 bail.  The prosecution alleged that in June the victim met Smith at a motel.  She had placed an advertisement on the internet soliciting customers for sex.  The defendant responded purportedly as a customer.  He then told the woman that he would be taking her to New York to work as a prostitute for him.  Over the next week and a half the victim worked for the defendant and gave him all of the money she earned.  She was threatened and sexually assaulted by the defendant.  She was beaten with a wooden hanger as well.  At all times she was being watched by Smith.  On June 10, 2008 the victim tried to escape by leaving the New York motel where Smith was keeping her.  During the escape attempt Smith dragged her into a waiting car that was ultimately driven to Massachusetts.  The victim later tried to escape from a rest area as well.  There, Smith choked her and grabbed her by the neck.  Finally, on June 11, 2008 while in Boston she was able to escape and call 911.  Surveillance footage confirms portions of the woman’s story. 

When the police arrived to meet the victim she related her story, identified the defendant and the car in which he was riding.  Police later spotted the car and stopped and arrested the defendant.  A pre-trial conference has been scheduled for September 18, 2008.  This story was reported in the Suffolk County District Attorney’s Office Press Releases. 

Kidnapping is a violent crime.  In Massachusetts it is proscribed by G.L. c. 265 sec. 26.  It is the taking away of a person against his or her will usually in furtherance of some other crime.  Most kidnapping statutes recognize different levels or types of kidnapping and punish accordingly.  In Massachusetts the maximum penalty under the statute cited above is 10 years in state prison.  Cases such as the one discussed in this post can in certain circumstances be difficult to prosecute.  You must keep in mind that rarely if ever do press releases reveal all of the relevant facts pertinent to a case.  Here for instance, the victim was a prostitute.  She solicited the defendant through an internet advertisement.  The press release is unclear as to whether or not she voluntarily accompanied Smith to Connecticut initially.  It is also unclear as to what acts she wilfully engaged in once in Connecticut and New York.  The fact that the defendant in this case may have abused or assaulted the woman violently does not mean that he kidnapped her.  It is clear that the prosecution believes that the kidnapping took place in Suffolk County, Massachusetts and that Suffolk is the proper venue.  Venue in Massachusetts for crimes like this is set out in G.L. c. 265 sec. 24A.