May 2010 Archives

May 30, 2010

Husband Arrested for Attempted Murder for Strangling Wife at Massachusetts General Hospital

John Reilly, 60, was arrested by police this weekend for allegedly trying to strangle his wife. The incident occurred this past Friday at Massachusetts General Hospital where his wife was a patient.

According to police, Reilly was allegedly observed by hospital staff shaking and pushing his wife up and down while holding her by the neck. No information regarding his wife's injuries were disclosed by the police, nor what prompted the alleged attack.

Reilly is scheduled to be arraigned this week at Boston Municipal Court on charges including Attempted Murder and Assault & Battery.

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May 29, 2010

Massachusetts Supreme Court Rules Police Need 'Reasonable Suspicion' to Conduct Pat Frisks

In reversing the Gun Crimes convictions of two men, the Massachusetts Supreme Judicial Court ruled that police officers can no longer frisk someone during a routine encounter unless they have 'reasonable suspicion' to believe the person is involved in criminal activity and is armed and dangerous.

In the case of Commonwealth v. Jamal Martin, that defendant had been convicted of Carrying a Firearm Without a License, Carrying a Loaded Firearm, and Assault & Battery on a Police Officer. The incident occurred on October 8, 2006, when, at 10:30 a.m., Boston Police Officers were patrolling a 'high crime area' in which 'numerous shootings' had occurred and looking for a specific juvenile to execute an arrest warrant. During their patrol, they observed a young man wearing a sweatshirt with the hood up around his face and walking in the opposite direction from which the police were traveling. Although the police could not see his face, they 'thought' that this person might have an outstanding default warrant...[how does that make sense when they couldn't see his face?]

The police turned their cruiser around and engaged the young man, a teenager, in conversation. Although the police quickly realized this young man was not the person they were looking for, and simply because the young man refused to continue to speak with the police, they proceeded to ask him if he had any weapons. Despite that Martin responded that he did not, the police nonetheless continued to frisk them "for their safety." The frisk revealed a loaded gun.

In reversing Martin's conviction, the Massachusetts Supreme Judicial Court held that when an individual is stopped and searched, the police conduct must satisfy two conditions.

  1. The investigatory stop must be lawful. In a street encounter, that requirement is met with the police officer reasonably suspects that the person apprehended is committing or has committed a crime.

  2. To then engage the person in a frisk, the police officer must reasonably suspect that the person stopped is armed and dangerous.

The police can't just go up to people, without legitimate reason, and just detain and search them...In my opinion, the Massachusetts Supreme Court's recent decision serves as a message to law enforcement officers to pull the reigns a bit on questionable police practices.

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May 28, 2010

Man Gets Stuck in Door During Robbery of South Boston Store

A man attempting to rob Llanera Market in South Boston earlier this week got stuck in the metal grate he tried to shimmy between.

The security camera caught Phillip Donahue breaking into the store on East 8th Street by starting to bend the metal grate at approximately 2:25 a.m. By 3:30 a.m., he had gotten his head through but ended up getting stuck.

When Boston Police arrived on scene, the man was still stuck between the metal grates. He was immediately arrested and charged with Breaking & Entering at Nighttime to Commit a Felony.

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May 26, 2010

Boston Man Attacks Woman, Sets Fire to Apartment and Jumps to His Death

When Boston Police and firefighters first responded to Gavin Way yesterday for an unknown medical call, they didn't know what to expect. They quickly discovered that a second-floor apartment was on fire and a man had jumped from the second floor...and that a woman was inside the burning apartment, suffering from multiple stab wounds.

Boston Police report that the man, in an effort of Attempted Murder and Mayhem, set fire to the apartment also stabbed the woman. It's unclear at this time whether the woman, whose name was withheld, was his girlfriend or wife. As police responded to the area, the man had barricaded himself inside, preventing any police or medical personnel from entering. As the police were trying to use hostage negotiators to communicate with him, he responded by throwing debris from the balcony to the police below.

Suddenly, without provocation or warning, the man jumped from the second-floor balcony to his death. The woman, who had two young children with her during the incident, was listed as in critical condition.

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May 24, 2010

Dorchester Court Evacuated on Report of Gun At Murder Arraignment

The Dorchester Division of the Boston Municipal Court was evacuated during the morning hours on Monday morning and gun-sniffing dogs were brought in to search the courthouse after reports that someone saw a gun being smuggled into the arraignment of the two men charged with the Murder of Toneika Jones.

Kadeem Foreman and Terrell Rainey, both Dorchester residents and 20 years old, are both charged with Jones' Murder, which occurred at the area of 183 Harvard Street in Dorchester, Massachusetts, this past Saturday. Boston Police and the Suffolk County District Attorney's Office allege that Jones was shot through a steel security door at 183 Harvard Street where she was visiting. Another man that was with her, Keeshon Wilson, 19, of Hyde Park, also suffered a gunshot wound to the arm.

Boston Police report that witnesses saw a man wearing a blue and red shirt firing into the entryway of the building, and one of the criminal defendants, Kadeem Foreman, was also wearing a blue shirt with red sleeves.

No guns or other weapons were found at the Dorchester Court despite a diligent search by gun-sniffing dogs and the Boston Police Department. Both Kadeem Foreman and Terrell Rainey were ultimately arraigned on Murder and Gun Charges, and each were held without bail.

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May 23, 2010

Two Boston Men Arrested in Dorchester Murder

A 24 year-old woman was shot in Dorchester early yesterday morning, at about 1:15 a.m., in the area of Harvard Street. Boston Police Officers responded to Harvard Street and found two people, one man and one woman, suffering from gunshot wounds. Both were taken to Boston Medical Center, but the woman, whose name has not yet been released, was pronounced dead.

The Boston Police Department reports that one of its officers heard the gunshots and saw two individuals fleeing, at which time he began a foot pursuit. Although the officer lost sight of both men, other officers arrived and after a search of the area, both individuals were found hiding in a yard.

The two men, Kadeem Foreman and Terrell Rainey, both 20, are to be charged with Murder, Armed Assault to Murder, Carrying a Firearm, and Possession of Ammunition.

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May 21, 2010

Boston Pharmacist Indicted for Fraudulent Billings

Former Roxbury pharmacist and Roslindale resident Aloysius Chukwukere Nsonwu was indicted by a Suffolk County Grand Jury on 51 charges in connection with fraudulent billings for HIV medications that were never prescribed or, in some cases, never received by patients. Nsonwu is alleged to have fraudulently submitted false claims to MassHealth totaling over $550,000.

The Suffolk Grand Jury indictments were returned as a result of an investigation initiated by the Massachusetts Attorney General's Office concerning billings Nsonwu submitted between December 2004 and January 2009. The Attorney General's Office reports that each [fraudulent] claim listed a prescribing doctor who either never treated the named patient or prescribed the requested medication.

Nsonwu is charged with several counts of Submitting False Claims, and Larceny.

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May 19, 2010

Randolph Man Indicted for Stoughton Murder of Elderly Man

John Rooney, 46, of Randolph, Massachusetts, was indicted by a Norfolk County Grand Jury for the stabbing death of 78 year-old Georgios Kontsas, of Stoughton. Along with the charge of Murder, Rooney was also indicted for Armed Home Invasion; Armed Assault in a Dwelling; Armed Assault with Intent to Murder; Armed Assault with Intent to Rob; and Assault & Battery with a Dangerous Weapon.

As previously reported in the Boston Criminal Lawyers Blog, Rooney is alleged to have entered the home of Kontsas and his wife and attacked the couple with a knife shortly after 10:00 a.m. on Saturday, February 27, 2010. Kontsas' wife, Dorothea, also suffered multiple stab wounds, but ultimately survived her injuries.

Although it is still now known the exact motive for the attack, it has been widely reported that Rooney was involved in some business dealings with the couple's son.

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May 18, 2010

Clark Rockefeller's Appeal for Reduced Sentence Dismissed

Clark Rockefeller, the man who kidnapped his young daughter, appeared in Suffolk Superior Court this morning and asked a 3-judge appellate panel to reduce his 4-5 year state prison sentence for parental Kidnapping.

Rockefeller argued that his sentence was beyond the 'sentencing guidelines', but the Suffolk County District Attorney's Office justified the sentence on the grounds that his extraordinary actions under the circumstances justified the sentence. The appellate panel agreed and ultimately dismissed Rockefeller's request for a reduced sentence.

When the media frenzy over the Rockefeller case came to light, so did his numerous alias, which eventually linked him to an unsolved 1985 Murder in California where he lived at the time. California authorities have not yet publicly confirmed whether or not they will seek to indict Rockefeller for the murder.

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May 17, 2010

Harvard Student Charged with Larceny & Identity Theft

Adam B. Wheeler, 23, a Harvard University senior, is scheduled to be arraigned tomorrow in Middlesex Superior Court for various Theft Crimes involving allegedly forging academic documents, transcripts, and for collecting over $45,000 in financial aid and scholarships under false pretenses.

According to the Middlesex County District Attorney's Office, Wheeler was admitted by Harvard as a result of falsely claiming that he had attended Massachusetts Institute of Technology and Phillips Academy in Andover, neither of which he attended. Harvard investigators discovered that he had once attended Bowdoin College in Maine, and improperly used referenced from that school when applying to Harvard, even though some of the referenced had never met him.

Harvard administrators became suspicious of Wheeler when he applied for the prestigious Rhodes and Fulbright Scholarships, and then discovered that he had allegedly plagiarized another student's work. Further investigation discovered that Wheeler had also fabricated his Harvard transcript by giving himself straight A's.

Interestingly, when Harvard began investigating him and Wheeler was put on administrative leave, he then applied to Yale and Brown University as a transfer student. He also applied for an internship at McLean Hospital, claiming he was taking a semester off.

Wheeler is scheduled to be Arraigned in Middlesex Superior Court on four counts of Larceny Over $250; eight counts of Identity Fraud; and seven counts of Falsifying an Endorsement or Approval and Pretending to Hold a Degree.

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May 16, 2010

3 Men Arrested for Armed Robbery & Attempted Carjacking in Chelsea Police Raid

chelseapolice.jpgFive men were detained Sunday in an early morning raid on Spruce Street in Chelsea, Massachusetts. The incident was prompted when Chelsea Police received a call that three men attempted to rob Jose Benitez and a female at gunpoint at 8:15 a.m., and then ran into 258 Spruce Street. Benitez told Chelsea Police that the men initially took jewelry and a watch, and then tried to Carjack his Cadillac Escalade.

When Chelsea Police responded to the Spruce Street residence, along with the Boston Police SWAT Team, they ordered everyone to come out. Initially, 10 people came out, and a short stand-off ensued with the remaining four persons who remained inside. Eventually, those 4 came out voluntarily. There were also reports that there was a hostage taken within the Spruce Street residence, but that reported ended up being unfounded.

The most recent reports from the Chelsea Police Department claim that, after executing a Search Warrant, they recovered a .22 caliber handgun, as well as some jewelry that is believed to have been stolen from Benitez.

Ultimately, three people were arrested and scheduled to be arraigned Monday morning in Chelsea District Court: Jose Parada, 19, of Saugus; Edward Funes, 35, of Revere; and Louis Santiago, 24, of Chelsea. All three were charged with Armed Robbery and Attempted Carjacking.

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May 13, 2010

Boston Man Accused of Trying to Light Ex-Girlfriend On Fire

Jamaar Johnson, 23, of Dorchester, Massachusetts, was charged with trying to light his girlfriend on fire in her Cambridge apartment when she told him they were breaking up. Obviously, the attempted break-up didn't go so well, and after a brief argument in the morning, Johnson returned with a can of gasoline and poured it on the woman's head as she was smoking a cigarette.

The Cambridge Police Department responded after the woman called 911 and told them Johnson tried to set her on fire. He was found in her bed and immediately placed under arrest. Johnson was charged with two counts of Assault to Murder, Assault & Battery, and Attempt to Commit Arson.

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May 12, 2010

Nine Charged with Beating Disabled Teenager in Dorchester

Nine teenagers from Dorchester and Roxbury were arrested this past week and charged with the beating of a disabled Dorchester teenager. The incident occurred on Parkman Street in Dorchester this past Monday.

A witness to the incident told the Boston Police Department that he heard screaming and then saw a large group of teenagers punching and kicking the disabled teen while he was curled in a fetal position on the ground. The victim, who is developmentally disabled, was reported to have suffered some injuries, but were not life-threatening.

All nine defendants were arraigned in the Dorchester Division of the Boston Municipal Court, and were charged with Assault & Battery on a Disabled Person and Assault & Battery with a Dangerous Weapon.

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May 11, 2010

Suffolk County Jury Acquits Dorchester Student of Boston Armed Robbery

704729_revolver.jpgOn trial for two counts of Armed Robbery, two counts of Assault with a Dangerous Weapon, and one count of Assault & Battery, Boston Criminal Lawyer Lefteris K. Travayiakis was able to obtain an acquittal of all charges for his client, and high school senior.

The defendant, along with another young man, was alleged to have violently robbed 2 men in Boston's South End in July 2008. The prosecutor alleged that my client ran up from behind and knocked down one of the victims, while the other young man pulled out a gun, enabling the two to rob them of their property. The prosecutor's theory was that the two defendant's then split up and ran away.

The Boston Police Department responded within minutes and were looking for two black males, one taller and heavier-set, the other shorter and skinner, both wearing black clothing. Moments later a car was stopped a few blocks away, in which my client and the driver were detained and held for what is called a 'bring-back identification.' They were stopped, I argued, for no other reason than because they were simply two black kids who happened to be in the area. Notably, there was no report of a car being involved in the robbery, and it was undisputed that the robbers had fled on foot. The description of the suspects, simply that of two black males, one taller and heavier, one shorter and skinnier, was way too broad, I argued. The two victims were brought to where the two young men were held and they each identified the my client and the driver of the car as the one's who robbed them.

A few moments later, however, Boston Police Officers located a third individual hiding in the bushes. It was this young man, a taller heavier-set black male who was found to have a gun, along with all the money and personal property of the persons who just got robbed. It turns out this man was the one with the gun who robbed him, and they now realized they had mistakenly identified the driver of the car as the one with the gun. My client, however, the shorter and skinner one, they were sure was still involved. But if they mistakenly identified the driver of the car as the heavier black male who had the gun, chances are, they also mistakenly identified my client. By all accounts, this was as suggestive an identification if I ever saw one.

No evidence was offered at trial, however, linking my client and the driver of the car to this third person who was found in the bushes. There was no property or weapons of any sort in the car. At this point, it was obvious that the Boston Police just stopped the first two black kids they saw, convinced they were the ones.

Despite three separate identifications involving my client, and the victim testifying at trial, pointing at my client and telling the jury that he was 100% sure that my client was one of the two involved in the robbery, a Suffolk County jury found reasonable doubt and acquitted my client of all charges. The main theory of defense at trial was, of course, challenging the accuracy of the identifications, and convincing a jury that, under the circumstances, the victim's initial purported identification was influenced or tainted when the Boston Police told them that they "caught the guys" prior to bringing them back to view the suspects.

Critical to my theory of defense, the judge instructed the jury on the importance of Identification evidence, and reminded them that it is the prosecutor's burden to prove the charges against my client beyond a reasonable doubt, and that included the identification of my client as the perpetrator of the crime. Notwithstanding the jury being instructed that my client could be convicted as a "Joint Venturer" for aiding and abetting in the crime, I knew that if I could challenge the identification, my client would be vindicated.

This case is yet another example of how, despite overwhelming evidence against my client, tremendous case preparation and attention to detail can turn what may seem like an insurmountable case for the prosecution into a not guilty verdict. Facing a minimum-mandatory sentence of 5 years to life in state prison, my client walked out of Suffolk Superior Court a free man this afternoon.

The implications for my client, however, went far beyond a state prison sentence. A student in high school and a star basketball player, he has recently been offered and accepted several basketball scholarships to various Division I programs. His entire future was at stake...

Ironically, both of the other two men that were arrested with regards to this incident pled Guilty to the charges prior to trial.

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May 10, 2010

Homeless Man Pleads Not Guilty to Murder in Boston Stabbing

Kevin James, aka Kevin Wayne Wilson, 43, a homeless man from Boston, pled not guilty to the charge or Murder yesterday in Boston Municipal Court in connection with an April 30 fight with Beau James Young on Boylston Street near the Prudential Center.

Young, 22 and also homeless, was stabbed in the chest during the fight that occurred around 11:30 in the evening. Although he was taken to a Boston Hospital to be treated, he succumbed to his injuries and died on May 1.

At James' Murder arraignment, the Suffolk County prosecutor told the Judge that James allegedly admitted to the Boston Police that he fought with Young, but insisted that it was Young who pulled the knife, and that the resulting stabbing was an accident. The Suffolk County prosecutor further reported that there were two witnesses to the murder, and that James allegedly then made an effort to alter his appearance in an effort to avoid capture by the police.

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May 8, 2010

Calvin L. Carnes Seeks to Overturn Dorchester Murder Conviction

Calvin L. Carnes, Jr., one of the men convicted for the Murder of four young men in a Dorchester basement recording studio, has petitioned the Suffolk Superior Court for a new trial.

Carnes, along with Robert Turner, were convicted in 2008 for the shootings of Jason Bachiller, Jihad Chankhour, Edwin Duncan and Christopher Vieira, who were shot a total of 15 times in Duncan's basement studio. As a result of the Murder conviction, Carnes was sentenced to four consecutive life sentences (whereas Turner, who reached a deal with prosecutors, pled Guilty to Accessory After the Fact and was sentenced to 13 years).

Carnes claims that the judge at his murder trial wrongfully dismissed the sole juror who did not believe he was guilty and who was apparently the 'holdout' during those deliberations. At the time, it was reported that the juror was dismissed because she failed to disclose her ex-husband's criminal record.

The decision to remove the holdout juror was particularly controversial at the time because, not only was the juror convinced that Carnes was 'not guilty', but the jurors had sent 5 notes to the judge, each exclaiming that they were hopelessly deadlocked. Additionally, the Suffolk County prosecutor and the Boston Police Department, without informing the Judge or the defense attorney, conducted a criminal background check on all of the jurors, which led to the discovery of that juror's husband's record - but the prosecutor did not disclose this information until the jury foreperson sent a note advising of issues during the deliberations, and in particular, that holdout juror. Once that holdout juror, she who was adamant in acquitting Carnes, was dismissed and replaced with another juror, the jury returned a verdict of guilty the following day.

As a result, Carnes argues that, by not immediately declaring a mistrial when they jury indicated they were hopelessly deadlocked and/or at the first signs of the jury not deliberating appropriately, the trial judge showed prejudiced against the defendant.

Notably, at the time when this case was tried, it was not common for criminal background checks to be conducted on sitting jurors. Today, it is requested of by the prosecutors and granted in almost all my criminal cases.

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May 7, 2010

Everett Man Arrested After Robbing Cambridge Bank

Thumbnail image for rausche_08bankrobbery1a_met_003.jpgRobert J. Carney, 34, of Everett, Massachusetts, was arrested this morning on the MBTA's Red Line after robbing the Citizens Bank branch at Harvard Square. Identified by other passengers on the train after observing him with red dye on his hands, the MBTA returned the train to the station at the request of the Cambridge Police Department, where Carney was arrested.

The Cambridge Police report that Carney walked into the Citizens Bank in Cambridge on Kennedy Street and passed a note to the teller demanding cash. After handing the money over to Carney, he then fled on foot towards the nearby Harvard Square Red Line Stations. It's at this point when the dye pack in the bag given to him by the bank teller exploded. Carney, however, continued through the station and boarded an inbound train to Boston.

Carney is currently held over the weekend by the Cambridge Police Department on bail, and scheduled to be arraigned on Monday, May 10, 2010, on charges including Bank Robbery.

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May 6, 2010

Dorchester Man Arrested for Evading Fare at MBTA, Had 11 Outstanding Criminal Warrants

Kevin Grannum, 45, of Dorchester, Massachusetts, was arrested this past Tuesday by the Massachusetts Bay Transportation Authority after "piggy backing" through the entrance gates at the MBTA's Fields Corner Station.

After stopping Grannum, the MBTA Police Officers also discovered that he was wanted on 11 outstanding warrants for various criminal charges, including Assault & Battery on a Police Officer, Threat to Commit a Crime, Intimidation of a Witness, Negligent Operation of a Motor Vehicle, Receiving Stolen Property and Resisting Arrest. He was also cited $15 for Fare Evasion.

Throughout my years in practice in Boston as a criminal defense lawyer, I can tell you that, if a Warrant has been issued against you, the police will ultimately arrest you on that warrant. In so many instances, even with present and former client, criminal defendants will neglect to appear for their court date. When that happens, the court will definitely issue a Default Warrant against him/her. Only in instances where I have been able to offer a very good explanation for a client's non-appearance has a Judge not issued a warrant (admitted in the hospital; pre-existing medical condition; conflicting court dates; etc.).

A Default Warrant most usually has more severe implications, because it tells the prosecutor, and in particular the Judge, that the person is not responsible to show up to court when he is expected. Especially in circumstances where there is a history of defaults on a defendant's criminal history, the Judge will be even more inclined to impose a higher bail.

Conversely, I have represented clients with extremely long criminal histories, and even with convictions on serious criminal felony charges, have been released on Personal Recognizance (without any imposition of cash bail) because they have no history of defaults and have demonstrated that they will, in fact, honor their obligation to appear in court when ordered to do so.

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May 5, 2010

Dorchester Man Arrested for Drug Dealing at Braintree's South Shore Plaza

Joseph F. Cruz, 28, of Dorchester, Massachusetts, was arrested on May 3rd for allegedly selling Oxycodone pills at the South Shore Plaza in Braintree.

Braintree Police Detectives allege that they had received complaints that Cruz was selling drugs out of his apartment. After an undercover surveillance operation was established, Braintree Police observed Cruz exit his apartment and drive to the South Shore Plaza in Braintree. At the mall, another man entered Cruz' vehicle where a drug transaction is alleged to have taken place.

When Braintree Police tried to approach the two men, Cruz drove away and the two men ultimately fled into Nordstrom's Department Store where Cruz was apprehended by mall security. The other man, however, was not caught.

A subsequent Search Warrant executed at Cruz' apartment led to the discovery of marijuana, digital scales and packaging consistent with drug distribution. Additionally, a bulletproof vest was found along the route where Cruz is alleged to have fled when Braintree Police initially approached him; and an Oxycodone pill and other evidence of drug distribution was found in his car.

Joseph F. Cruz is to be charged with Possession with Intent to Distribute, Possession of a Controlled Substance, Conspiracy to Violate Drug Laws, Failure to Stop for Police, and Negligent Operation of a Motor Vehicle.

The other man who fled apparently had dropped a prescription pill vial with his name on it, and is currently being sought for Receiving Stolen Motor Vehicle and Conspiracy to Violate the Drug Laws.

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May 4, 2010

Norwell Teen Charged with Attempted Murder For Running Over 4 Others

Nathan Delaplain-Zook, 18, of Norwell, Massachusetts, was arrested for allegedly running over three teenage girls and then a teenage boy after trying to leave the scene. The May 3rd incident, at about 4:00 p.m., occurred in a condominium parking lot where a planned fight was supposed to take place between Norwell and Rockland teens.

Delaplain-Zook was arraigned this morning in Hingham District Court with three counts of Attempted Murder and two counts of Assault & Battery with a Dangerous Weapon. He was held without bail after a Mental Health Evaluation by Dr. Jody Shapiro, the court's mental health expert.

Witnesses told Rockland Police than when the van driven by Delaplain-Zook pulled into the parking lot, a teenager from Rockland tried to open the van's door and pull out one of the van's four occupants. The Norwell teenagers in Delaplain-Zook's van pushed the Rockwell teen away, at which point the van ran over three girls, including one girls' leg and another's stomach.

After the incident, the Massachusetts State Police Reconstruction Team responded to the area and were investigating the incident late into the evening. Witnesses on scene, however, report that it appeared to them that Delaplain-Zook intentionally ran over the teens.

At his arraignment today in Hingham District Court, it was disclosed that Delaplain-Zook has a history of mental health disorders and that he has been hospitalized three times in the past for other alleged acts of violence. Jody Shapiro, the court's mental health expert, also informed the Judge that Delaplain-Zook, as a result of his mental-health disoder(s), hears voices, though he did not report hearing any voices on Monday at the time of this alleged incident.

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May 3, 2010

Essex County Grand Jury Indicts Salem Man for Attempted Murder in Stabbing

Michael Marino, 27, of Salem, Massachusetts, was recently indicted by an Essex County Grand Jury in connection with the stabbing of another man outside of his apartment complex on April 1.

The Salem Police Department reports that Marino stabbed the victim at least seven times to his neck and side, puncturing his liver and diaphragm. The victim was reportedly in stable condition after undergoing surgery as a result of the attack. It is unclear what provoked the altercation at this time, but it is reported that the victim had a relationship with Marino's mother in the past.

The Essex County Grand Jury returned indictments for the charges of Armed Assault with Intent to Murder, three counts of Assault & Battery with a Dangerous Weapon Causing Serious Bodily Injury, and four counts of Assault & Battery with a Dangerous Weapon.

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May 1, 2010

Middlesex County Jury Finds John Odgren Guilty of First Degree Murder of Classmate

The Middlesex County Jury who heard the Murder trial of John Odgren, accused of stabbing a classmate to death at Lincoln-Sudbury High School in 2007, returned a verdict of guilty on the charge of first-degree Murder.

Criminal defense lawyers for John Odgren had argued that he was insane at the time when he committed the murder and fought for a verdict of Not Guilty by Reason of Insanity based on Odgren's history of emotional problems and mental health issues, including Asperger's Syndrome.

In Massachusetts, the a conviction for the crime of Murder carries an automatic life sentence without the possibility of parole.

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