Articles Posted in Violent Crimes

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A Danvers, Massachusetts police officer was stabbed early in the morning after coming across a man who was under surveillance for outstanding warrants. The man, Roy Limbaugh is fifty eight years old and a registered sex offender. He was apprehended in Randolph, Massachusetts. Apparently, once the officer encountered Limbaugh he was stabbed repeatedly in the neck and arm. Charges will initially issue in the Salem District Court, likely for Assault and Battery by Means of a Dangerous Weapon and Assault With Intent to Murder or Kill.

http://www.salemnews.com/local/x1307531605/Danvers-police-officer-stabbed-early-this-morning
<a href="Massachusetts Criminal Defense Lawyer, Outstanding Warrants” target=”-blank”>Massachusetts Criminal Defense Lawyer, Outstanding Warrants

So what does it mean when someone has outstanding warrants in Massachusetts. In the context of this case it means that Limbaugh had skipped out on court obligations. Whenever someone is supposed to be in court and fails to appear he or she is defaulted. Usually the judge issues a warrant for that person’s arrest. Most of the time, even though the warrant is active the police make little effort to find and apprehend the person. If the person gets arrested for another crime or pulled over for a routine traffic stop, the warrant will surface and the individual will forcefully be brought back to the court that issued the warrant. So what happens then? At that point the defendant’s Massachusetts Criminal Defense Attorney will offer an explanation to the judge explaining the reason for the default. The default is then removed and the underlying case is rescheduled for its next event. Sometimes a higher bail is set to ensure the person’s attendance in court. Other times the same conditions of release are re-imposed, particularly if the reason for the default is understandable.

Our office gets calls from people with outstanding warrants every day. There are a couple of typical scenarios. The defendant lives out of state and is trying to get a new driver’s license. The default is recognized by the registry of the new state and they will not issue a license. Realizing the need to close out the Massachusetts we get retained. Many times these cases are old and can be resolved without the need for the defendant to come back into court. Here is another typical scenario. Someone is applying for citizenship. The warrant is recognized, usually by the immigration lawyer. We get called to vacate the warrant and resolve the underlying case. Not all warrants are the defendant’s fault. As a matter of fact a large percentage are inadvertent. When someone is called to court through a summons he is notified about his court obligation through the mail. The summons might not be received. This is the case repeatedly for local college students who move back home after the school year and the summons goes to their apartment and is never forwarded to them. These warrants surface through the job application process.

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Just after midnight yesterday Beverly, Massachusetts police were called by a woman claiming that her boyfriend had beaten. The woman reported that she and Craig Blum, the defendant got into an argument. Blum then threw a pizza at her, shoved her, hit her and tried to strangle her. Blum was outside of the home when the officers arrived. He told the police that his girlfriend was out of control. The woman was taken to the hospital for treatment. It is alleged that she suffered injuries to her arms, legs, neck and body, all of which were photographed. The prosecutor moved for detention pending a dangerousness hearing. Blum is being prosecuted in the Salem District Court. He currently faces charges of Domestic Assault and Battery, Attempted Murder, Intimidation of a Witness and Threatening to Commit a Crime.

Read Article:

http://www.salemnews.com/local/x1555802374/Man-charged-after-girlfriend-hospitalized

When reading this article I immediately noticed that Blum’s lawyer argued that he acted in self-defense. At first blush one would think this is unlikely. The police respond to a call, find a woman crying hysterically, visibly bruised and complaining that her boyfriend beat her. That seems pretty bad for Blum right? Well maybe not. Most Massachusetts Criminal Defense Lawyers have defended Domestic Assault and Battery Cases where the “victim” was the actual aggressor and the defendant who usually happens to be male acts solely to defend himself. This may include grabbing the woman to prevent her from continuing her assault or subduing her for that same purpose. Keep in mind that in Massachusetts and in most other states a person is allowed to act in self defense and it is the obligation of the prosecutor to prove beyond a reasonable doubt that he did not act in self defense. To prove that someone did not act in self defense the prosecutor must show either:

1. That the defendant did not reasonably believe he was being attacked or immediately about to be attacked, and that his safety was in immediate danger; or
2. That the defendant did not do everything reasonable in the circumstances to avoid physical combat before resorting to force; or
3. That the defendant used more force to defend himself than was reasonably necessary in the circumstances.

Blum’s lawyer is probably going to want to know where the pizza was found. If it was thrown at the woman as she claims one would expect to find it splattered on a wall or across the room where it was allegedly thrown. Did the police photograph this piece of evidence? Was the woman covered with pizza? How far was Blum from her when he allegedly threw the pizza? What did the neighbors hear, if anything? Were there any other witnesses to this incident?

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Janelle Grasty of Framingham, Massachusetts was engaged in an act of Prostitution with Nev Lima, another Framingham resident. After consummating the act Lima went to pay Grasty. She accepted her fee and pulled a knife on him, demanding the rest of his money. Lima defended himself and was bitten in the process. At least that is the story Lima told the police. Grasty on the other hand claimed that the money was hers, all one thousand two hundred dollars of it. According to a police report the two were fighting in a hallway, naked when the police arrived. Both have been charged with criminal offenses out of the Framingham District Court as follows:

Janelle Grasty
Prostitution,
Assault and Battery,
Armed Robbery

Nev Lima
Assault and Battery
Disorderly Conduct
Read Article:

http://www.metrowestdailynews.com/news/police_and_fire/x1510861880/Framingham-woman-tried-to-rob-john-after-sex-police-say

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Framingham Sex Crimes Lawyer

So how is this case going to work out? A lot depends on what the police saw and more importantly whether anyone else witnessed this incident. According to the article the knife was found in a bathroom. Thus, it is difficult to determine who in fact is telling the truth here, at least about the Robbery allegation. It is true that prostitutes often get robbed. They also rob their customers. To prove the robbery allegation the prosecution will need a percipient witness. There is not one here. Here is another problem with this case from a prosecutorial point of view. Since both have been charged with criminal offenses it is probable that neither will be offering testimony against the other. Both Grasty and Lima will likely invoke their Fifth Amendment Privilege. That right, guaranteed by the United States Constitution provides that no one “shall be compelled in any criminal case to be a witness against himself”. If Grasty and Lima decide to testify then they are waiving this privilege and, in the context of this case probably incriminating themselves. It would imprudent for either of them to do so, particularly where testifying truthfully would possibly result in an admission to the charges pending against them. The invocation of this privilege will make prosecuting this case virtually impossible. I would bet that the charges against these defendants get dismissed on the day of trial.

Experienced Massachusetts Criminal Defense Lawyers have to help their clients make decisions like this one every day. It is important that your lawyer not only knows the law but that he or she knows how to utilize the law to help with your defense. The end result of criminal cases in Massachusetts and throughout the country often results on the strategies employed by the defense attorney. Knowing your rights and properly embracing them is a good formula for success.

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Late Monday night members of the Boston, Massachusetts Police Department responded to a call after it was reported that two people had been stabbed. The police arrived at Huntington Avenue to find two Cambridge, Massachusetts residents being treated by emergency medical personnel. The unnamed victims are men ages twenty two and twenty six. The Lynn Item reports that the alleged victims were in a group that was approached by another group who demanded to know where they were from. A fight erupted and the two men who were stabbed and some of their friends entered a taxicab and fled the area. Once police arrived an investigation began. Ultimately, Jose Soriano of Lynn, Massachusetts was identified as the assailant. Bail was set in the amount of twenty five thousand dollars in the Boston Municipal Court. Soriano has been charged with Assault and Battery by Means of a Dangerous Weapon.

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Lynn Massachusetts Criminal Defense Lawyer

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So exactly what is Soriano looking at? Assault and Battery by Means of a Dangerous Weapon in Massachusetts is a violent felony punishable by up to ten years in state prison and a five thousand dollar fine. The crime is codified in Massachusetts General Laws Chapter 265 Section 15(A)(b). The court where this case will be prosecuted depends on the severity of the stabbing and Soriano’s criminal record if any.

As a Massachusetts Stabbing Defense Lawyer I am concerned about the identification process and understanding just how it came about the Soriano was identified by the alleged victims. In Massachusetts the prosecution must prove identification beyond a reasonable doubt. Identification witnesses do not always have an adequate opportunity to view their assailant. Incorrect identifications are made all of the time. It is the duty of the defense attorney to ensure that any tainted identifications are suppressed. It is also the duty of a Massachusetts Criminal Lawyer to make sure that any subsequent “in court” identifications are not suggestive. Sometimes suspects are presented in person to the identification witness. While Massachusetts has approved this procedure it is the least reliable method of identification and the most vulnerable to attack. This article makes me somewhat suspicious about the identification procedure that might have been used. Soriano is from Lynn. It is unlikely that he was identified so quickly from a photographic array in that the arrays would likely contain photos of Boston men. This procedure can take a long time due to the volume of photos that have to be assembled and viewed by the victims. The incident occurred around 11:30 Monday night and Soriano was arraigned in court yesterday. More likely, the police conducted a “show up” procedure. The circumstances of this process might lend themselves to an attack on the legality of the identification of Soriano. This might be his best defense to these charges.

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Christopher Nikas is being held following an arrest for his involvement in a stabbing incident. Authorities allege that on June 5, 2011 a stabbing occurred across from the public library in Newburyport. The person accused of doing the stabbing is Joseph Poaletta who was recently arrested for this case in Lynn, Massachusetts and arraigned two days ago. The fight was supposed to be between Nikas and Robert West and a location for the conflict was set. However, just prior to the arranged altercation Poaletta brandished a knife and threatened to use it on anyone who might interfere with the fight. One of West’s cohorts, Damian Dobson confronted Poaletta and told him that he was “not going to stick anyone”. Poaletta responded by stabbing Dobson one time in the stomach. Reports state that West and Dobson are members of a local street gang with Salisbury connections. Nikas has been charged with Accessory After the Fact, Armed Assault With the Intent to Murder and Assault and Battery by Means of a Dangerous Weapon. Both Nikas and Poaletta have criminal records and have served time. The case is pending in the Newburyport District Court. This case might be prosecuted in the Salem Superior Court.

Read Article:

http://www.newburyportnews.com/local/x177902892/Another-stabbing-suspect-arrested

Based on this article it is unlikely that Nikas will be convicted for the stabbing of Dobson. Poaletta is the principle in this case. Nikas’ cannot be held accountable for his actions unless the prosecution proves beyond a reasonable doubt that Nikas was a joint venturer in these acts. To prove joint venture in this case the district attorney needs to convince a jury that Nikas intended the stabbing and that he acted in some extent in support of the stabbing effort. Both of these elements appear to be missing here. Nikas intended to fight West and vice versa. Poaletta’s threat with the knife was not something that Nikas had in mind nor was the actual stabbing of Dobson an act in which he participated. Additionally, there is nothing mentioned to suggest that Nikas did anything to support Poaletta’s act of stabbing Dobson. Any thorough Massachusetts Criminal Defense Attorney will obviously investigate these allegations but if the Newburyport News article is factually accurate Nikas may very well be acquitted of these charges. I am curious to know what West and Dobson have said to the police, if anything, relative to Nikas’ involvement in the stabbing. Along those lines, West might not be cooperative with the prosecution. His altercation with Nikas might rise to the level of criminal activity thereby giving him a privilege against self-incrimination. Given his gang involvement he may very well invoke this privilege.

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According to reports in the Lowell Sun and Lawrence Eagle Tribune, on April 20, 2011 police received a call about a road rage incident on Route 93. They arrived to find Dennis Keohane with six stab wounds. Apparently Keohane and the defendant Breslin Reyes of Lawrence, Massachusetts had an exchange on the highway. They exited the road got out of their vehicles and got into a fight that resulted in Keohane being stabbed. Yesterday Reyes was arrested. He is being charged with Assault and Battery By Means of a Dangerous Weapon Causing Serious Bodily Injury. The case in currently being prosecuted in the Lowell District Court.

Read Article:

http://www.eagletribune.com/local/x1250115066/Lawrence-man-arrested-in-Tewksbury-road-rage-incident

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Lawrence Massachusetts Criminal Defense Attorney, Violent Crimes

The crime of Assault and Battery By Means of a Dangerous Weapon Causing Serious Bodily Injury is a felony and punishable by up to fifteen years in state prison. The statute governing this crime is Massachusetts General Laws Chapter 265 Section 15A(c). For the purpose of this law the phrase “serious bodily injury” is defined as bodily injury which results in a permanent disfigurement, loss or impairment of a bodily function, limb or organ, or a substantial risk of death. I am not sure how applicable this section of the law may be to this case given Keohane was released from the hospital that evening. If this case remains in the district court the maximum penalty Reyes faces is tow and one half years in the house of correction.

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According to a report in the Lawrence Eagle Tribune a couple, Nicole Callahan and Brad Barton, living on Vernon Street in Haverhill invited Robert Donovan and Daniel Barley to their home. Shortly after their arrival one of the two brandished a Firearm. They demanded money from the victims. The couple said that they did not have any money. Barton was then pistol whipped. Callahan saw a gun pointed at her. The assailants left. The police were called. Callahan provided their names and stated that both were staying at a local hotel. Haverhill police went to the hotel and located Donovan and Barley in a car. A search of the car revealed a firearm. The defendants have been charged with Possession of a Firearm, Possession of Ammunition, Armed Robbery and Assault With a Dangerous Weapon. The case is currently pending in the Haverhill District Court.

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http://www.eagletribune.com/haverhill/x564244885/Two-men-arrested-for-armed-robbery-assault-on-Bradford-couple#

Any Massachusetts Criminal Defense Attorney reading this article will immediately sense something is illogical with the victim’s story. The defendants who are staying in a local hotel were supposed to “hang out” with Barton and Callahan. They get “invited” to their home, an apartment. For no reason they pull out a gun and demand money. Why would the defendants think that these people had money to surrender? The “something else” the article refers to that the defendants “had in mind” is exactly what a good criminal lawyer will investigate to defend this case.

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Just under a month ago police from Lawrence and Methuen Massachusetts along with the FBI started an investigation after an FBI informant made a significant disclosure to authorities. Supposedly, Tony Diaz was offering free drugs to the informant. In return Diaz expected the man to kill someone who had been skimming drugs. With this information meetings with this informant and another were held with Diaz and under police monitoring. It is alleged that during these meetings Diaz gave the informants Cocaine and Heroin. Diaz told the informants that the target had stolen over one hundred grams. It is further alleged that during the final meeting Diaz gave the informant a loaded .38 caliber revolver with instructions to shoot the target in the face. Diaz denied the allegations during a post-arrest interrogation. He has been charged in the Federal District Court for the District of Massachusetts.

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http://www.eagletribune.com/local/x740871448/FBI-arrests-Lawrence-man-in-murder-for-hire-scheme#

Massachusetts Federal Criminal Defense Lawyer

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The crime of murder-for-hire in federal court is codified under 18 U.S.C. §1958. The law states that anyone who uses interstate facilities with the intent to commit a murder for money or other compensation shall be punished. The prosecution must prove that the defendant used or caused someone else to use the interstate facility (here the use of cell phones) with the intent that the murder be committed. In a case like this the informants will have to testify unless the conversations were recorded. It would be interesting to hear exactly is on those recordings particularly where Diaz denied the murder-for-hire charge but admitted to Drug Distribution and Possession of the Firearm.

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On October 18, 2010 Lynn Police officers responded to a report that someone was Selling Heroin at an apartment. They arrived to find a strong odor of marijuana and Modesto Cruz in the hallway of an apartment on Broad Street. Cruz saw the police and fled. He was caught. During a brief struggle police found a loaded Firearm, a knife and Marijuana. Cruz supposedly admitted that he had purchased the gun and was in the process of selling the weapon at the time the police arrived. The gun had been reported stolen from a car in Danvers. Bail was set at two thousand five hundred dollars which Cruz posted. The case is pending in the Salem Superior Court. Cruz has been charged with Felon in Possession of a Firearm.

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Lynn Massachusetts Gun Possession Defense Lawyer

So just how serious is this case? Massachusetts General Laws Chapter 269 Section 10G(a) states that anyone who has been convicted of a violent crime or serious drug offense and is subsequently caught in possession of a firearm faces a mandatory minimum three year state prison sentence. For the purposes of this statute a violent crime is defined as any crime punishable by imprisonment of at least one year and has the element of either force, threatened or otherwise, burglary or kidnapping, the use of explosives or conduct that presents a serious risk of physical injury to another. This wording of this statute is extremely broad and includes as predicates both adult and juvenile convictions.

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Stephen Goudreau of Peabody was arrested yesterday in Danvers after the police receiving a call from Goudreau’s girlfriend complaining that she had been Assaulted. Apparently the two were arguing about a car when Goudreau supposedly put his hands to her throat and tried to strangle her. The woman called the police. Emergency medical personnel arrived as well. The woman treatment and was not seriously injured. While the police were investigating Goudreau reappeared and was arrested. He has been charged with Domestic Assault and Battery and Assault With Intent to Commit Murder. The case is pending in the Salem District Court.

http://www.salemnews.com/local/x820636876/Police-Peabody-man-tried-to-strangle-his-girlfriend#

Danvers Domestic Assault and Battery Defense Lawyer

The Assault With Intent to Murder charge seems suspect. No matter how strong the case that charge is always difficult to prove. The elements of the offense are assault, a specific intent to kill and malice. Here, the act of putting his hands around the victim’s neck does not likely satisfy the element of a specific intent to kill. The assaultive behavior was brief and did not warrant medical attention. There is not even an indication that the victim showed marks around her neck. Similarly, the element of malice in the context of this charge requires the district attorney to show that Goudreau intended to kill his girlfriend without justification or mitigation.

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