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Max Nicastro, a Boston University hockey player, was arraigned in the Brighton Municipal Court last week on Massachusetts Sex Crimes Charges for allegedly raping another BU student on campus.

Nicastro was arraigned on two counts of Rape and released on $10,000 bail.

According to the Suffolk County District Attorney’s Office, the female student was allegedly raped last Sunday, a few hours following the Boston University and University of Massachusetts-Lowell hockey game. Boston University Police, after conducting “interviews”, reportedly arrested Max Nicastro at 6:30 a.m.

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A freshman student at Falmouth High School allegedly brought a gun to school this past week and has been charged with Massachusetts Gun Crimes Charges.

According to Falmouth High School representatives, the student, who is reportedly 15 years old, was allegedly bragging to other students that he had a gun. Falmouth Police were called to the school and found that the student did, indeed, have a gun on him, but it was not loaded.

According to police, the student took the gun from a relative, who is reportedly licensed to carry firearms. His license to carry has reportedly been suspended pending a further investigation.

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Eldrick D. Broom, 27, of Roxbury, was arraigned today in Dorchester District Court on Massachusetts Murder Charges in connection with the death of Rosanna Camilo on November 21.

Brook has been charged with First Degree Murder and Aggravated Rape.

According to the Suffolk County District Attorney’s Office, Broom allegedly attacked Rosanna Camilo inside her Roxbury apartment. Prosecutors allege that he raped and strangled her to death. Camilo’s body was found in her bedroom by her 16 year old daughter while her other 17 month old child was in his crib.

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An employee at the Newton Public Library was before the court today on Massachusetts Sex Crimes Charges. He was arraigned in Newton District Court on 3 counts of Unlawful Possession of Child Pornography.

According to the Middlesex County District Attorney’s Office, the employee was arrested at his home where Massachusetts State Police investigators allegedly seized a laptop containing several images of child porn. At his arraignment, prosecutors alleged that the man admitting to possession the child pornography and that he had been using a peer to peer network to download the files.

Following his arraignment, the Newton library employee was held on $5,000 cash bail and ordered to have no contact with children under the age of 18 and to stay away from the Newton Public Library.

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A Newton Public School Teacher was arraigned yesterday in Brighton District Court on Massachusetts Sex Crimes Charges. He was arraigned on two charges of Unlawful Possession of Child Pornography.

According to the Suffolk County District Attorney’s Office, the Newton second-grade teacher allegedly had hundred of images on his computer that they say constitute child pornography; and also allegedly discovered videos of the teacher allegedly assault a young teenage girl.

The teacher, who was reportedly very well respected by his peers and the Newton Public School system, was arrested at his home in Brighton after the Massachusetts State Police executed a search warrant.

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Massachusetts State Police arrested Richard S. Saunders, of Reading, on Monday night on Motor Vehicle Charges after he allegedly drove the wrong way on I-93 in Boston.

Saunders was charges with Reckless Driving, Receiving Stolen Motor Vehicle, and Failure to Stop for Police.

According to the Suffolk County District Attorney’s Office, Massachusetts State Police began pursuing a minivan that had been reported out of Medford earlier Monday morning. The ‘slow-speed’ pursuit reportedly began in Dorchester and eventually led into South Boston and onto I-93.

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Lowell Police yesterday arrested four people on Massachusetts Drug Crimes Charges in connection with the seizure of 75 pounds of marijuana and 2 guns.

Phaly Chhoeun, 28; Samnang Sath, 34; Sanith Siv, 35; and Mao Keo, 33, all of Lowell, are each facing charges of Drug Trafficking; Drug School Zone Violation; and Conspiracy to Violate the Massachusetts Drug Laws.

Mao Keo is also charged with Massachusetts Gun Charges and being an Armed Career Criminal.

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In Massachusetts, it is a crime to lie to or mislead a police officer, or otherwise impede a criminal investigation.

Under the Intimidation of a Witness statute, the Massachusetts legislature criminalized conduct where a person willfully misled or lied to a person furthering a criminal investigation with the intent to impede or obstruct justice.

In one recent case, Commonwealth v. Patrick Fortuna, the Massachusetts Appeals court considered a case where the defendant had been shot. While being treated at the hospital, he was interviewed by the police about who had shot him. He told the police that he was shot while walking home and didn’t know by whom, because the shooter had been far away.

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images.jpegThose convicted of any crime in Massachusetts should always consider challenging their conviction by filing an appeal. One way to litigate a Massachusetts Appeal is asking the trial judge to consider a Motion for New Trial based on undisclosed evidence by the prosecution.

In order to secure a new trial on the basis of undisclosed evidence, a defendant must be able to establish 3 things:

  1. the evidence was in the possession, custody or control of the prosecutor;
  2. the evidence is potentially exculpatory (e.g., tends to show evidence of innocence); and
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In the recent case of Commonwealth v. Romero, the Massachusetts Appeals Court issued a split-decision where the defendant, charged with Massachusetts Gun Crimes, challenged his conviction based on insufficient evidence for “constructive possession”.

The defendant in the case was in the driver’s seat of a parked car – he was the owner and operator in the car – along with three other passengers who were sitting in the car as well. At 1:30 a.m., a police officer drove past the car and testified that, as he drove by, he could only see the top of 4 peoples’ heads because they were crouching down in their seats. Upon seeing this, the officer turned around and parked behind the defendant’s car.

As the officer began to approach the car, from about 3 feet away, he testified he could see in the car and from his vantage point one of the rear passengers reach towards the front of the car through the two front seats, this while the defendant/driver was looking side to side and also looking at the front seat passenger, who was looking at an object in his hand.