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Annie Dookhan, former chemist at the Hinton State Laboratory Institute (also known as the Department of Public Health drug lab) in Jamaica Plain, admitted that she “messed up bad,” local media reported Wednesday. Dookhan was referring to her mishandling and contamination of drug evidence, fraudulent alteration of chain of custody documents and other misconduct, which has called into question evidence used in more than 30,000 drug cases.

Dookhan confessed that she has claimed that negative drug tests were positive and that she breached other lab protocol. She also confessed that for two or three years she had not even done the required tests on drug samples and that she forged the signature of a colleague certifying that equipment was functioning properly. As of Wednesday, at least 20 inmates had been freed, had bail reduced, or had their sentences suspended as a result of the drug lab scandal.

According to reports, some fellow chemists at the lab expressed concern over Dookhan months and years before the scandal broke. One chemist told police that he was “staggered” by Dookhan’s output of more than 500 analyses per month. An average chemist has an output of 50 to 150 analyses per month, according to that chemist. When that chemist brought his concerns to Dookhan’s supervisor in December of 2010, the supervisor’s explanation was that Dookhan skipped lunch breaks and brought work home.

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A West Newbury, Massachusetts police officer tried unsuccessfully to pull a car over the other day. The officer was able to obtain license plate information and called the number in. He quickly learned that the car was stolen. A search for the car continued. The car was later seen in Groveland where a chased ensued. The vehicles traveled into Haverhill, Massachusetts, venturing downtown and past the Haverhill Police Station. Haverhill police quickly entered the chase as well and were able to get the car to stop. The driver of the car, later identified as Steven Dearborn of Cambridge, Massachusetts exited the vehicle and attempted to flee. He was subdued and arrested. Three passengers remained in the car, held by the police at gunpoint. One of them, Sean O’Shea started fighting with the police and was tased. Dearborn has been charged with a host of Massachusetts Motor Vehicle Crimes including Operating to Endanger, Failure to Stop for a Police Officer and Reckless Operation of a Motor Vehicle. The district attorney referenced many of Dearborn’s prior convictions in his bail argument, listing Drug Possession, Robbery and Breaking and Entering as some of these. O’Shea has been charged with Resisting Arrest and Receiving Stolen Motor Vehicle. The remaining passengers, Johnson and Osborne have been charged with Receiving Stolen Motor Vehicle. The cases are pending in the Haverhill District Court.

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Haverhill, Massachusetts Motor Vehicle Crimes Defense Law Firm

Criminal Defense Attorney, Haverhill, Massachusetts

As a Massachusetts Criminal Defense Lawyer the defenses for the defendants other than the driver are clear and were well argued by their attorneys. How do you attribute knowledge that the car was stolen to the passengers? As I have mentioned in the past, this can be inferred if there is damage to the car; i.e. a punched out ignition or broken locks to the car. Absent some indicia that the vehicle was stolen however it is difficult to show that the passengers were guilty of a crime without some observations of criminal activity. O’Shea’s lawyer made the point that his client was passed out in the car and that he had been drinking and was unaware of the events that transpired. Now obviously the police will deny that he appeared at all impaired by alcohol but did they test him? It is doubtful that they did. The facts of this case might result in a dismissal of the charges against some of the defendants unless the prosecution can show criminal behavior on their part. A criminal record or presence at the crime scene do not provide sufficient evidence to sustain a prosecution on these charges. There must be more and nothing more was indicated at the arraignment.

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Boston.com reports today that a forty six year old Dorchester, Massachusetts man has been charged with Motor Vehicle Homicide stemming from an incident that occurred last week. It is alleged the defendant was driving his vehicle on Morrissey on September 14, 2012 when he hit a sixty three year old bicyclist. The impact of the collision threw the victim from the bicycle leaving him dead at the scene. The accused remained at the scene and called 911. The responding police officer reported that the defendant admitted to having one drink prior to the incident. The defendant asked to go to the hospital and quickly hired an attorney prompting police to honor his constitutional rights and cease all questioning. The officer at the hospital noted that the suspect exhibited the following: 1) a strong odor of alcohol coming from his person; 2) speech was slurred; 3) tongue was “thick and pasty” and 4) unsteady on his feet. An accident reconstructionist believed the defendant was driving twenty miles per hour over the speed limit. The case is pending in the Dorchester District Court.

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Massachusetts Motor Vehicle Homicide Defense Law Firm

Dorchester, Massachusetts Criminal Attorney

From the perspective of a Massachusetts Criminal Lawyer the accused in this case did the right thing. I have said on countless occasions that no one can talk his or her way out of being charged with a crime. People suspected of criminal activity who talk to the police usually provide the information necessary to secure a conviction. The reason for this is simple. The police are trained to ask questions and to ask them in a certain way. They often leave the suspect with a false sense comfort and implicitly suggest that their cooperation will benefit them if the case gets prosecuted. Their objective is to prove a suspect’s involvement in criminal activity regardless of what they tell you. The unassuming subject will talk to the police believing he is helping himself. He is wrong about this. His cooperation will hurt him.

Conversely, people who invoke their 5th Amendment Right to Remain Silent make the prosecution prove its case with evidence collected from the crime scene, the testimony of people who witness the event and other evidence that might support its case. Here for instance, the prosecution is going to have to rely primarily on the representations of the responding officer. The information in the report is boilerplate. The strong odor of alcohol, being unsteady on his feet, bloodshot eyes and slurred speech are phrases used in almost all drunk driving police reports. I wish that Massachusetts Criminal Defense Attorneys would keep a database of police officer’s reports because in my experience the content varies only slightly from report to report with these types of cases. Observations such as these are certainly subject to challenge from the experienced criminal lawyer. How did the defendant walk and talk before the arrest? What did his eyes look like before the incident? Now, try to get the office to explain exactly what he means by the “strong odor of alcohol coming from his person”.

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This past Saturday police in Lynn, Massachusetts responding to a crime scene saw a man walking down a set of stairs with a knife protruding from his neck. The man was covered with blood. The victim and the defendant, Shawn Doherty of Lynn were friends since high school. The victim claimed that on Friday night the two were together. He asked Doherty to leave before his roommate came home. He then fell asleep on a couch only to wake up to Doherty on top of him and stabbing him. The victim claimed that Doherty stabbed him twice and punched him in the mouth. The motive behind the incident has not been identified. The attorney for Doherty argued that the inconsistencies in the victim’s story were extensive. He also argued that the victim suggested several motives for the attack. The case is pending in the Lynn District Court. The charges at this point appear to be Assault and Battery Dangerous Weapon and Assault With the Intent to Commit Murder. Both are felonies in Massachusetts.

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Lynn, Massachusetts Violent Crimes Defense Lawyer

Essex County Assault Charges Attorney

The first thing that a Massachusetts Criminal Lawyer sees when reading about this case is the incredibility of the victim’s story. His story that he fell asleep on a couch only to wake up to Doherty beating and stabbing him lacks a ring of truth. Why would anybody wake anyone up to stab him. It makes no sense. If Doherty really wanted to stab the victim wouldn’t you think he would do so while the person slept rather than wake him up to stab him. And if the motive, as suggested by this article was the victim’s ten thousand dollar automobile claim settlement check wouldn’t you expect Doherty to simply take it while the victim was sleeping rather than waking him up to stab him and take it? Doherty’s attorney referenced the victim’s differing accounts of the case as well. Defense attorneys love this particularly where the inconsistencies arise early in the investigation of the case. If the victim cannot even tell the truth at the time the police make their initial interview of him how will he be able to maintain consistency at the time this case goes to trial? He probably won’t.

So what really happened here? Well it appears that Doherty might have some sort of self-defense claim as set out by his lawyer at the arraignment. The victim’s inconsistent statements might just support this defense. The bigger question is whether or not Doherty’s actions exceeded that which is permissible in self-defense cases. In Massachusetts one can only use the force necessary to protect himself from the actions of the initial aggressor. Also in Massachusetts the defense can in some circumstances use instances of the victim’s prior acts of aggression to support that self-defense position.

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According to a report in the Lawrence Eagle Tribune Molly Bowser and her father Joseph Bowser were arrested in Methuen, Massachusetts and charged With Trafficking a Class B Substance and Possession With Intent to Distribute Class B. The Bowsers were observed by a Methuen Police Officer in their car and speaking with some people. It is alleged that during this interaction a drug transaction occurred. Officers searched the Bowsers and their car. They located a plastic bag containing about forty grams of cocaine as well as fifty OxyContin pills. The pills were found in Ms. Bowser’s purse. The case is currently pending in the Lawrence District Court. If the district attorney elects to indict this matter the prosecution will take place in the Essex County Superior Court in Salem.

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Methuen, Massachusetts Drug Crimes Defense Law Firm

Lawrence Massachusetts Drug Trafficking Defense Lawyer, Class B

Once again we are presented an all too common scenario. Police observe people in a car and gathered around a car. They believe they just witnessed a drug transaction. This is followed by a stop, frisk, Search and Seizure of drugs. Suspects are arrested and charges are filed. Initially the accused feels helpless and doomed. They were found in possession of drugs, a quantity of which satisfies the trafficking threshold. They fear the worst. Jail time for a minimum mandatory time period. This sentiment, while understandable is oftentimes premature. As any Massachusetts Criminal Lawyer will tell you, no case is hopeless.

Don’t think for one second that judges in Massachusetts simply adopt the police officer’s representations and permit the case to stand. Take a look at the case of Commonwealth v. Levy, 459 Mass. 2010 (2011) for example. There, a trial judge allowed a Motion to Suppress the seizure of drugs the quantity of which was sufficient to charge a felony as well as a School Zone Violation. In Levy an experienced police officer was staking out a set of payphones known to be used in connection with drug transactions. A car pulled up to the location and one of the phone was used to make a call. The officer then followed the car to a location near the phones. The driver got out and paced around. A few minutes later another car pulled up. The driver of the second car got into the driver of the first cars’ vehicle and drove a short distance away. Believing he had just witnessed a drug transaction the officer stopped the second car and made an arrest. The search was ruled unconstitutional, the drugs were suppressed and the case was dismissed. I would be interested in knowing a few things about this case. What does the police report actually say? Can the officers identify anyone present at the time of the activity? What do local security videotapes show that either confirm or contradict the observations of the officer?

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Thirty eight year old James Morse of Salem, Massachusetts was arrested yesterday in Danvers and charged with an array of serious Massachusetts Felonies. According to a report in today’s Salem News Morse, while in Connecticut convinced a twenty six year old woman to enter his car and travel with him to engage in some housekeeping activities at his home. After getting into the car Morse threatened the woman and disclosed to her that he owned an escort service for which he insisted she work. There were two other women in the car with Morse at that time. The four travelled to a hotel in Danvers where Morse supposedly beat and strangled the woman. After the three assailants fell asleep the woman made her escape. This occurred at 10:00 in the morning. The police were called and Morse along with his two companions were arrested. Morse has been charged with several Massachusetts Prostitution related Offenses. Among the charges is Deriving Support from Prostitution and Procuring a Person to Perform Prostitution. Morse has also been charged with Kidnapping, Assault and Battery, Assault with the intent to Commit Murder, Assault and Battery by Means of a Dangerous Weapon and Resisting Arrest. The case is pending in the Salem District Court and will probably be prosecuted in the Essex County Superior Court.

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Salem, Massachusetts Sex Crimes Defense Law Firm

Danvers, Massachusetts Criminal Defense Lawyer

As a Massachusetts Criminal Lawyer I am curious about what happened to the two women who accompanied Morse. Usually people in this situation are charged along with the principle offender as joint venturers. The prosecution suggests that as accomplices they helped lure the victim into the car and perhaps made possible the allegedly horrible things that Morse did to this woman. Charging people in this situation serves two purposes. The first is obvious. It is to hold them responsible for their criminal actions. The second is to put them in a position where they feel compelled to assist the district attorney and provide evidence (in this case most likely testimony) against Morse; i.e. cooperate and get the charges reduced or dismissed. The position that these women take in this case will have a strong effect on how the prosecution proceeds against Morse.

The facts as stated in this article look somewhat suspect here. Why did the woman get into Morse’s car? How did that happen? Where was she when it happened? How did the woman appear to the police when they first saw her? Did she reveal injuries consistent with having been beaten and strangled as she mentioned to the police? What about the other patrons in the hotel? What did they hear or see? I imagine that Morse’s lawyer will immediately move to get an order for the hotel to produce its guest list from that evening so that the patrons in abutting rooms can be questioned about their observations. Cases like this one are often easy to try and rarely is the evidence that is used at trial as compelling as is represented at the arraignment.

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Tyrell Berberena of Malden, Massachusetts has been arrested and charged with Possession of a High Capacity Firearm and Armed Assault With the Intent to Commit Murder following a daytime shooting in Malden yesterday. One witness to the event stated that he saw a group of three youths on Eastern Avenue near the parking lot of a Chinese restaurant. The victim arrived on a bicycle. One of the members of the group, wearing a black hooded sweatshirt pulled out a gun and shot the victim. Four or five shots were fired in all. The shooter casually walked away from the scene. The others fled. The victim was taken to a local hospital. His condition has not yet been released. Berberena and the victim knew one another. No motive for the shooting has been disclosed yet. This case is pending in the Malden District Court but will be prosecuted in the Middlesex Superior Court in Woburn.

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Malden, Massachusetts Gun Possession Defense Law Firm

Massachusetts Armed Assault With Intent to Murder Defense Lawyer

The crime of Armed Assault With Intent to Murder in Massachusetts is defined by Massachusetts General Laws Chapter 265 Section 18. The law requires the district attorney to prove 10, that the defendant was armed with a dangerous weapon, 2) that the accused assaulted someone and 3) that the defendant had the intent to cause death to the victim. Malice coupled with a specific intent to kill must be proved beyond a reasonable doubt in order to convict for this crime. A lesser offense, and one that is typically easier for the prosecutor to prove is assault with the intent to kill. Anytime someone gets shot in Massachusetts he faces the charge or Armed Assault With the Intent to Kill. This crime is a felony and is punishable by up to twenty years in state prison in Massachusetts.

The defenses to this crime are countless. Obviously a theory of self-defense can be employed in those cases where the facts so warrant. Additionally, since this is a specific intent crime alcohol or drug intoxication can negate aspects of the element of intent necessary to sustain a conviction. In this particular case Berberena is going to have to overcome eyewitness accounts if he intends to go to trial and secure an acquittal. This is sometimes difficult in that uninvolved witnesses’ credibility is difficult to challenge. They rarely have a motive to provide testimony other than what they actually observed. On the other hand, it is very unlikely that these people saw more than the event itself. They probably did not see what precipitated the shooting since there was no reason to focus on the group prior to the shooting. This fact might leave their observations somewhat impeachable. Regardless, Shooting Cases in Massachusetts can be extremely difficult to defend especially where the shooting was observed by a neutral party.

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Massachusetts General Laws Chapter 276 Section 100C provides for Sealing Criminal Records in Massachusetts. The law states that anyone who has been acquitted by a judge or a jury or charged with a crime that was no billed by a grand jury or no probable cause was found by a judge warrants the sealing of such record. In such cases sealing is done automatically unless the accused makes clear in writing that he or she does not want the case sealed. If a case has been dismissed or if the district attorney files a nolle prosequi then a judge can order the matter sealed if substantial justice would best be served by sealing. If a case is sealed the accused can properly state that he or she has no criminal record.

Here are some things you should know about sealed records in Massachusetts. They are different from pardons. Someone who is pardoned still has an unsealed record in Massachusetts. Sealed records can in some cases be accessed by law enforcement entities. Sealed records are, in and of themselves records in some context. To many, particularly people involved in the Massachusetts Criminal Legal System, a sealed record suggests that the accused at one time faced a Massachusetts Sex Crime charge. Sealed Records in Massachusetts also signify, correctly or incorrectly that there was some wrongdoing on behalf of the accused. In other words, when records are sealed in Massachusetts they are still in existence, just unavailable to the public.

There is however an Expungement Law in Massachusetts. Massachusetts General Laws Chapter 6 Section 171 has a provision that requires the criminal history systems board to enact rules that assure the purging of records once ordered by a judge. Under Massachusetts common law courts can exercise a power to expunge records of criminal charges. To prevail on a Motion to Expunge in Massachusetts the applicant must show that the records sought to be expunged have minimal or no value to law enforcement. The action to expunge is brought against the keeper of the records for the entity holding the materials about which expungement is sought.

People who have had involvement with the criminal legal system in Massachusetts and are considering Sealing or Expungement should contact a Massachusetts Criminal Lawyer. The manner in which you proceed depends on several factors. What was your involvement in the activity? How was the case resolved? How is that impacting your life now? What do you do for work? What were the charges that you faced? How old were you when the incident occurred? Were you represented by a lawyer or did you represent yourself? Was the underlying matter a Drug Crime, a Sex Crime, a Violent Crime?

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This past Saturday Vincent Bencivenga of Lawrence, Massachusetts, Josette Osorio of Haverhill and Mark Hatch of Methuen made a fake video of a stabbing during the Feast of the Three Saints festival in Lawrence. The trio used video cameras and a cell phone camera to record the event. Not realizing that the act was a spoof, people attending the festival called the police after observing Osorio wearing a black trench coat and carrying a machete that appeared bloody. When the police arrived Osorio and Bencivenga identified Hatch as the ringleader claiming that the fake stabbing video was his idea and that the intention of the three was to put it on YouTube. Hatch was apprehended a short time later after initially evading the police. Hatch was charged with Disorderly Conduct, Resisting Arrest, Making a False Police Report and Assault and Battery on a Police Officer. Osorio and Bencivenga were charged with Making False Reports to the Police and Disturbing the Peace. The cases are pending in the Lawrence District Court.

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Lawrence, Massachusetts Criminal Defense Law Firm

Lawyers Who Defend Criminal Charges in Lawrence
It is not often that I blog on the Crime of Disturbing the Peace in Massachusetts. While every Massachusetts Criminal Lawyer has at one time or another defended such accusations the crime is relatively minor and in my opinion used when the conduct of the accused is more of an annoyance than a crime. The punishment for a conviction of this crime supports this suggestion. Massachusetts General Laws Chapter 272 Section 53 provides for a maximum punishment of a fine of one hundred fifty dollars for a first time conviction of this crime. The proscribed behavior contemplates a person’s “purpose to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof. There is a tremendous amount of subjectivity associated with the Criminal Charge of Disturbing the Peace in Massachusetts. This in and of itself often prompts prosecutors to voluntarily dismiss these charges or to permit a resolution that does not involve a criminal conviction. This is particularly true where the defendants do not have criminal records and their actions or more consistent with a lack of judgment than with a criminal intent. All of this appears to be fitting for the defendants in this case.

The crime of Making a False Report to a Police Officer has a more sever potential punishment, one year in jail. The statute, Massachusetts General Laws Chapter 269 Section 13A contemplates such actions as an obstruction of justice. I have never seen this great a sentence imposed for a conviction of this crime. Usually, this charge is resolved by a dismissal or something less than a conviction if properly defended.

Finally, Resisting Arrest and Assault and Battery on a Police Officer have become relatively transparent criminal offenses in Massachusetts. Judges, prosecutors and defense attorneys all accept that often times police get a little aggressive when apprehending suspects. This is more so when flight or a chase is involved. The police get physical with the accused and then to protect themselves from a Civil Rights Lawsuit they accuse the defendant of Resisting Arresting and Assaulting them. Police officers need to be more careful in making these accusations these days. Everywhere you look there are surveillance and security video devices and a thorough Massachusetts Criminal Attorney will get the footage and mount his defense.

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Boston police were in the South End investigating a case the other day. While doing so they saw someone get out of his car and start shooting. This occurred on Shawmut Avenue just around 9:30 two days ago. Officers chased the man and saw him get rid of his gun. They caught up to him just a few blocks away. The suspect was identified as Kevin Washington from Brockton, Massachusetts. Washington has been charged with Armed Assault with the Intent to Murder and Carrying a Firearm. The case in pending in the Dorchester District Court but will likely be prosecuted in the Suffolk County Superior Court in Boston.

Officers also made another arrest related to this case. They saw Graciano Aponte of Boston put Washington’s discarded gun in his pocket. Aponte then tried to conceal the Firearm a few blocks away. Aponte is being charged with a Firearms Offense. He is also facing a charge as a Level 3 Armed Career Criminal. His case will be prosecuted in the Superior Court as well.

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Boston, Massachusetts Criminal Assault Defense Law Firm

Lawyer Defending Gun Cases in Boston

The Armed Career Criminal Act in Massachusetts provides for a very severe punishment. Prosecutions under this statute are becoming more prevalent. The law itself, Massachusetts General Laws Chapter 269 Section 10G(a) states that anyone who gets convicted of carrying a firearm and has been convicted of a Violent Crime or a Serious Drug Crime shall be punished by a state prison sentence. The sentence is a minimum mandatory three year prison sentence and up to fifteen years in jail. The prior offenses must be convictions, not cases that were “Guilty Filed” or “Continued Without a Finding”. The term “Serious Drug Offense” is defined as any Federal Drug Crime where the permitted sentence is a maximum of ten years in jail or for any Massachusetts Drug Crime where a maximum prison sentence of ten years is allowed.

As a Massachusetts Criminal Lawyer here is what I find factually interesting about this case. If the police saw Aponte picking up the gun why didn’t they stop him right away and seize the weapon? Why let him carry the gun to another location where he supposedly tried to conceal it? Also, how were they able to make these observations while at the same time chasing and apprehending Washington? It really does not make much sense. The shooting occurred at 620 Shawmut Avenue. Aponte was seen hiding the gun at the intersection of Washington Street and Melnea Cass, about one thousand feet away. This is a significant distance to permit someone Carrying a Firearm to travel without making a stop.

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