Mark J. McMullen of Quincy, Massachusetts, was arrested on March 17 for stealing two cigarette cartons from a Mobil gas station near the South Shore Plaza in Braintree. The store clerk told police that the man, later identified as McMullen, requested to buy the two cartons and after he retrieved them, he snatched them out of his hands and ran out of the store.
The clerk was able to write down the registration number of the car, and also produced the surveillance videos from the store which captured the larceny. The Braintree Police Department had been investigating several other Theft Crimes in Braintree, Quincy and Boston by a suspect driving a dark-colored vehicle with CT registration. The police suspect that McMullen may be responsible for those other robberies as well.
McMullen is also a criminal suspect in another Theft Crime that happened on March 16, also in Braintree, Massachusetts. In that robbery, a man went to Cumberland Farms in Braintree and also took off with two cartons of cigarettes as well. That criminal suspect is also reported to have fled in a dark-colored vehicle with CT registration.
As in many "snatch & run" Theft Crimes, identification of the criminal suspect will almost always be an issue. In this particular case, the existence of surveillance footage could be very damaging in McMullen's defense, but so might also be the fact that the store clerk was able to write down the license number of the vehicle he allegedly got away in.
Even with that evidence, the Middlesex District Attorney's Office will still have to demonstrate, beyond a reasonable doubt, that the alleged perpetrator is McMullen. What might complicate the prosecution against him and strengthen his defense is if police display a photo array to the witnesses and they are not able to identify him - even despite the surveillance video and the license plate of the car.
Having been the lead defense attorney in many criminal cases involving theft crimes, I can attest that no case should ever be thought to be a 'slam dunk' for the prosecution. After all, my track record in obtaining acquittals for my criminal clients and Case Results proves my ability to obtain acquittals, even against extremely strong evidence. In almost every case, there is some piece of evidence or inconsistent witness accounts that would could give your criminal defense lawyer the ability to persuade a jury of 'reasonable doubt' and obtain a 'not guilty' verdict if you elect to go to trial.
Because I understand the devastating consequences if you are charged with a crime, including the impact of what a criminal conviction would have on you and your family, I am available 24/7 to discuss your criminal case.
To schedule a Free Consultation, please feel free to Submit Your Case, or call me directly at 617-325-9500.