April 2011 Archives

April 28, 2011

Two Boston Men Indicted by Essex County Grand Jury in Lawrence Liquor Store Robbery

Jose Gonzalez, 29, and Rafael Tejada, 43, both from the Dorchester section of Boston, were indicted by an Essex County Grand Jury in connection with the Lawrence Armed Robbery of McCann's Liquors on March 6.

Both men were charged with Armed Robbery, Kidnapping, Assault & Battery with a Dangerous Weapon, and one was also charged with Unlawful Possession of a Firearm.

According to the Essex County District Attorney's Office, Jose Gonzalez and Rafael Tejada attempted to rob McCann's Liquors in Lawrence on March 6 when they allegedly entered the store and beat the owner, Arturo Tavera, 67. Prosecutors also allege that Gonzalez and Tejada beat a store employee and a customer as well.

Lawrence Police Officers responded to the store and allegedly found Jose Gonzalez and Rafael Tejada in an apartment above the store, hiding in a crawl space.

Both men are expected to brought into Salem Superior Court to be formally arraigned on these Massachusetts Crimes of Violence Charges.

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April 26, 2011

Brockton High School Counselor Charged with Sex Crimes

Galen Stone, 55, a Brockton High School counselor, was arraigned today in Brockton District Court on various Massachusetts Sex Crimes Charges for allegedly taking lewd cellphone photos of female students. He was arraigned on sex crimes charges including Criminal Harassment and Annoying and Accosting a Member of the Opposite Sex.

According to the Plymouth County District Attorney's Office, Stone allegedly took lewd photos with his cell phone of female students' chest areas as they reached for candy that he placed on a cafeteria table.

Brockton High School administration initiated an investigation into Galen Stone following complaints from students that he was taking photos of them. When the Brockton High School headmaster asked to examine Stone's cell phone, he consented, which revealed photos of several students in school, as well as a teacher at Brockton High School. In addition to those pictures, Galen Stone's cell phone also contained other homemade and pornographic videos, including many videos taken of people that were apparently unaware that they were being videotaped.

The Massachusetts Sex Crime of Criminal Harassment is the willful and malicious pattern of conduct that causes another to suffer substantial emotional distress. The pattern of conduct, however, must involve three separate occasions at the same alleged victim; must be of a kind that would cause a reasonable person to suffer substantial emotional distress; in fact caused the alleged victim to be seriously alarmed; and the conduct was done in a manner that was willful and malicious.

By definition under Massachusetts criminal law, 'substantial emotional distress' means something more than the level of uneasiness, nervousness, or unhappiness.

In this regard, Galen Stone may have some very viable defenses against the sex crime of Criminal Harassment, notwithstanding the photos on his phone - particularly if there are no multiple photos of the same alleged victim.

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April 23, 2011

Hopkinton Man Charged with Raping and Sexually Molesting Framingham Teenager

johnstone.jpgDonald Johnstone, 58, of Hopkinton, was arrested this week on Massachusetts Sex Crimes Charges that he sexually molested a raped a Framingham teenager. He was arraigned in Framingham District Court on several sex crimes charges including two counts of Rape, Indecent Assault & Battery, and Dissemination of Obscene Material to a Minor.

According to the Framingham Police Department, the teenager who was allegedly sexually molested and Johnstone are known to each other. Over the past several months, Johnstone allegedly would go into the boy's bedroom, remove his clothes and touch him in a sexually inappropriate manner.

One one recent incident, the Middlesex County District Attorney's Office alleges that Johnstone performed oral sex on the teenager, which led to the Sex Crime of Rape. In another incident, prosecutors alleged that Johnstone sent the teen an email with obscene videos of men engaging in various sexual acts.

Framingham Police reportedly have spoken with the boy, who conveyed to them that he actually did not want Johnstone arrested because of his employment. Donald Johnstone is reportedly employed at Boston Medical Center as a registered nurse.

Following his arraignment in Framingham District Court on these Massachusetts Sex Crimes Charges, Donald Johnstone was released without bail on his own personal recognizance, but with certain conditions of release, including that he have no contact with the complainant.

The Massachusetts Sex Crime of Indecent Assault & Battery is defined as an 'indecent act' that involves touching portions of the anatomy commonly thought private. The penalty upon conviction for this sex crime is imprisonment in the House of Corrections for up to 2.5 years or to state prison for up to 5 years.

Additionally, Rape in Massachusetts is punishable by up to 20 years in state prison. By definition, Rape is the natural or unnatural sexual intercourse with another by force or against that person's will.

A conviction for either of these sex crimes, Rape or Indecent Assault & Battery, could result in the person convicted being subject to Registering as a Sex Offender with the Massachusetts Sex Offender Registry Board or even being subjected to lifetime community parole.

Massachusetts Sex Crimes Lawyer Lefteris K. Travayiakis has successfully defended against a variety of sex crimes. See Case Results.

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April 20, 2011

Salem Father Charged with Attempted Murder of 7 Week Old Infant

Dario Finkel, 26, of Salem, Massachusetts, was charged on several Crimes of Violence and Domestic Violence Charges for the alleged Attempted Murder of his 7 week old son.

According to the Essex County District Attorney's Office, Salem Police Officers responded to Finkel's home, along with paramedics, and determined that Dario Finkel allegedly stuffed a baby wipe in the infant's mouth to get him to stop crying. Finkel also allegedly dropped the infant to the floor and threw him. According to paramedics who responded to the home and evaluated the baby, there was bruising on the baby's stomach and upper link.

Finkel was arraigned in Salem District Court and charged with Attempt to Commit Murder, Reckless Endangerment of a Child, Aggravated Assault & Battery, and Domestic Violence Charges. Following his arraignment, he was held without bail pending a Dangerousness Hearing.

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April 19, 2011

Two Salem Men Charged with Violation Massachusetts Drug Laws

drug bust.jpgAquiles Sanchez, Jr. and Leonel Grullon, both of Salem, were each indicted and arraigned in Salem District Court on Massachusetts Drug Laws Violations yesterday. Both men were charged with Drug Trafficking and Resisting Arrest.

According to the Essex County District Attorney's Office, Salem Police officers were conducting routing surveillance in the area of Salem near Boston Billiard's and Walgreens when they allegedly observed what they believed to be a drug transaction between Aquiles Sanchez Jr., and Leonel Grullon.

When Salem Police Officers approached the two men, Sanchez allegedly ran and got into a car and attempted to speed off, allegedly resulting in his striking two cars. As officers gave chase, they allegedly observed Sanchez discard a bag containing 90 oxycodone pills onto the street.

Sanchez eventually got out of the car near Route 114 and ran up River Street, where he was tackled by a man who held him until Salem Police Officers could respond and arrest him.

Grullon, in the meantime, allegedly struggled with police officers who attempted to arrest him and also threw a pool cue at them. As a result of Leonel Grullon's arrest, Salem Police officers allegedly recovered over $13,000.

In many cases involving violation of Massachusetts Drug Laws, what they police allegedly observed is critical in their evaluation of whether there was probable cause to arrest the persons. Often times, police will not see the actual drugs or money being exchanged, but will assert that, through their 'training and experience', they believed that a drug transaction had taken place.

Police Officers will justify the seizure and arrest of the person on a variety of factors, including whether they were known as drug users or distributors; furtive movements or evasive actions; nervousness; their presence inappropriate to the particular setting; and quick 'meets'.

At the end of the day, simply because drugs or money were ultimately found on the person is not necessarily fatal to the person challenging their arrest and hopefully beating their drug case. What the officers allegedly observed to justify the seizure and arrest should be scrutinized extremely carefully, and appropriate legal challenges, particularly litigating Motions to Suppress Evidence or Drugs, should always be considered.

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April 18, 2011

Massachusetts Corrections Officers Faces Drug Smuggling Charges

Ronald McGinn Jr., a Massachusetts Corrections Officers, has been arrested on Drug Charges for allegedly attempting to smuggle drugs into the Norfolk County House of Corrections. McGinn was charged with Possession with Intent to Distribute a Controlled Substance.

According to the United States District Attorney's Office, the Massachusetts Corrections Officer allegedly met with an undercover FBI agent and agreed to smuggle heroin into the Norfolk County House of Corrections after discussing what fees he would charge for selling the drugs to inmates.

The investigation was reportedly initiated by the Norfolk County House of Corrections when the Norfolk County Sheriff asked the FBI to investigate because they had determined someone was smuggling drugs to the prisoners.

Ronald McGinn, Jr. was arrested today after he was found to be in possession of 28 grams of heroin. If convicted in Federal Court of these drug charges, he could face up to 20 years in federal prison.

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April 17, 2011

Suffolk D.A.'s Office Recruits Boston Globe in Campaign to Oust Massachusetts Judge

dougan.jpgSunday's Boston Globe cover story, entitled "He's the jurist defendant's covet - Judge 'Let Me Go'", unfairly portrays Boston Municipal Court Judge Raymond G. Dougan, Jr. as the most lenient judge in the Commonwealth of Massachusetts and misleads the public from what the Suffolk County District Attorney's Office is trying to accomplish - an uneven playing field.

The reality is, for every Judge who may be 'defense oriented', there are 20 Judges who continue to 'prosecute from the bench'. Why doesn't the Boston Globe run a front page article about the number of cases that are dismissed in Suffolk County each year because Mr. Conley's office neglects to obtain evidence or otherwise prepare for trial? Or because police and other witnesses fail to appear? Or when prosecutor's witnesses are caught lying under oath in court? Or when prosecutor's withhold exculpatory evidence while defendant's are wrongfully detained in jail?

At the end of the day, it is a pathetic and clearly calculated campaign undertaken by the Suffolk County District Attorney's Office to remove from the judiciary any Judges that are not afraid to make truly independent rulings and without regard to whether or not they appease Mr. Dan Conley. I commend Judge Dougan for not caring whether his rulings piss off the prosecutors...I commend him for standing firm on each and every ruling he has made. The reality is, there are way too many judge's that make their rulings because they are influenced with public opinion.

One of the fundamental cornerstones of our criminal justice system is the judicial independence Judges are afforded. When the Suffolk County District Attorney's Office then makes it their mission, and if successful, to remove judges whose rulings may tend to make their prosecutions more difficult, the system will invariably be broken and constitutionally flawed.

I believe the public would be better served if the Suffolk County District Attorney's Office provided more attention to properly prosecuting their cases, rather than focusing their time and resources to remove Judge Dougan in order to help their prosecutors obtain a better conviction rate.

Mr. Dan Conley would be mindful to perhaps conduct an internal review of his own administration and correct whatever issues his office may be having, instead of attempting to create a constitutional injustice by influencing and manipulating the judiciary in his favor through a calculated media campaign.

...I'm sure if the criminal defense bar were to name individual judges who notoriously rule overwhelmingly in the prosecution's favor the Boston Globe would need to dedicate an entire section for that story. ...but oh, I forgot, when we speak about 'criminals', we should just burn that often disregarded piece of paper called the Constitution, skip arraignment and trials, and just impose the death penalty on everyone?

....we seem to forget that little known Constitutional right that everyone is 'presumed innocent until proven guilty beyond a reasonable doubt'. Sure, you may not be a hardened criminal with a 6 page record and have a hobby of robbing banks - but wait until you leave a restaurant with your family one night and get arrested for a DUI after having a glass of wine - suddenly you feel the police officers are overzealous, the system is corrupt, out to get you, and attorneys like myself are your best and only friend...

Boston Criminal Lawyer Lefteris K. Travayiakis can be reached at 617-325-9500.

April 16, 2011

Lynn Man Indicted by Essex County Grand Jury for Armed Robbery

Matthew David Griggs, 19, has been indicted by an Essex County Grand Jury on Massachusetts Theft Crimes Charges for allegedly holding up the Lynnfield Street Market in Lynn. He is scheduled to be charged in Salem Superior Court for Armed Robbery While Masked and Gun Crimes Charges.

According to the Lynn Police Department, Griggs held up the Lynnfield Street Market in Lynn on March 6. Allegedly wearing a mask, he walked into the convenience store with a large hunting knife, ran behind the counter and grabbed $350 before fleeing in a grey car. Although Griggs was allegedly wearing a mask that only partially covered his face, the store clerk told Lynn Police that he recognized the man as a customer.

Several hours later, Matthew David Griggs reportedly turned himself into the Lynn Police Department and admitted that he was the man involved in the robbery of the convenience store.

Meanwhile, Griggs also had other criminal charges pending in Salem Superior Court relating to Massachusetts Gun Crimes Charges. He had previously been arrested in November 2009 for allegedly possession a sawed-off shotgun and ammunition. In that case, he has been charged with Unlawful Possession of a Firearm and Unlawful Possession of Ammunition.

At the time of his arrest on the Armed Robbery Charges, Griggs had been free on $500 cash bail on the Gun Crimes Charges.

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April 15, 2011

3 Men Charged in Lowell Court for 1969 Murder of Tewksbury Boy

shelley.jpgWalter Shelley, 60, of Tewksbury, Michael Ferreira and Edward Alan Brown, were all arraigned yesterday in Lowell District Court on various Massachusetts Murder Charges in connection with the 1969 murder of John J. McCabe.

The Middlesex County District Attorney's Office alleges that John McCabe, then 15, was walking home from a teen dance on September 26, 1969, when he was abducted and taken to an empty lot in Lowell, Massachusetts. The three men alleged to be the abductors are Walter Shelley, Michael Ferreira and Edward Alan Brown, then teenagers themselves.

Prosecutors believe that Ferreira grabbed McCabe and dragged him into their car. The three men then allegedly assaulted him along the way, and once in Lowell, bound McCabe's hands and feet with a rope and covered his mouth and eyes with tape. According to the Lowell Police, the men wanted to teach him a lesson.

Shelley, Ferreira and Brown, however, allegedly drove off, leaving McCabe on the ground struggling for several hours. When the men returned, McCabe had died. Middlesex County prosecutors believe that the men then agreed to make a pact and not ever disclose what they had done.

Lowell Police and the Middlesex County District Attorney's Office were reportedly able to finally make arrests in this case because one of the men, believed to be Edward Alan Brown, had come forward, confessed, and implicated Shelley and Ferreira.

Walter Shelley and Michael Ferreira have been charged with First Degree Murder. Ferreira has also been charged with Perjury for allegedly lying to a Middlesex County Grand Jury in 2008 that was re-investigating the murder for asserting he had no knowledge about McCabe's death. Meanwhile Edward Alan Brown has been charged with Manslaughter.

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April 14, 2011

Weymouth Man Arrested for Raping Quincy Girl

nichols.jpgWilliam Nichols, 45, of Weymouth, was charged with Massachusetts Sex Crimes for allegedly raping a 12 year old girl in Quincy. He was arraigned this week in Quincy District Court for Rape and Indecent Assault & Battery on a Child Under 14, where he was held on $50,000 cash bail.

According to the Quincy Police Department and the Norfolk County District Attorney's Office, William Nichols allegedly sexually molested the girl at least one time at the Snug Playground in Quincy. It was also reported that, following his arrest, Nichols allegedly admitted to kissing, inappropriately touching and having 'made out' with the girl.

The alleged Rape and Indecent Assault & Battery on a Child Under 14 was reported by the girl's uncle after he found messages between Nichols and the child on her cell phone.

In Massachusetts, the Sex Crime of Rape carries a potential state prison sentence of up to 20 years; while the Sex Charge of Indecent Assault & Battery on a Child Under 14 carries up to 10 years in state prison.

As with most Massachusetts Sex Crimes, a conviction for either sex offense would subject William Nichols to Registration as a Sex Offender with the Massachusetts Sex Offender Registry Board; require him to submit his DNA to the state's database; and could result in a term of lifetime community parole supervision.

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April 12, 2011

Massachusetts Police Officer Under FBI Investigation for Bribery and Obstruction of Justice

todd randall.jpgRevere Police Officer Todd P. Randall, was charged in Boston's Federal Court with Obstruction of Justice and Bribery.

According to the U.S. Department of Justice and the Boston FBI office, Revere Police Officer Randall allegedly lied to FBI agents when questioned about a conversation he had with an FBI informant. The informant disclosed that Officer Randall, while on duty and with his Revere Police vehicle, drove to the informant's home and accepted a bribe of $200 to help fix or influence a pending criminal case of the informant's friends that was pending in Chelsea District Court.

Federal agents further allege that, when confronted, Officer Randall denied ever knowing or meeting the informant or friend. The FBI agents, however, had videotaped the Revere police officer in the act of taking the money and accepted the bribe.

The Revere Police Department, whose officers it appears have repeatedly been under FBI investigation for various corruption allegations, are reportedly being cooperative with the federal investigation involving Officer Randall.

If convicted of Obstruction of Justice, Officer Randall faces up to five years in federal prison.

Boston Criminal Attorney Lefteris K. Travayiakis is available 24/7 for consultation on all Massachusetts Misdemeanor and Felony Crimes.

To schedule a Free Consultation, Click Here to Contact a Boston Criminal Lawyer or call 617-325-9500.

April 11, 2011

Boston Men Arrested in Stabbing of East Bridgewater Man

ali jean.jpgWilliam Fleurimont, 20, and Ali Jean, 23, both from Boston, were arrested on Massachusetts Felony Assault Charges, as well as Drug Charges, in connection with the stabbing of an East Bridgewater man.

Following a high-speed chase than ended in Hanson, Fleurimont and Jean were both arrested and charged in Brockton District Court with Assault with Intent to Murder, Armed Robbery, Unlawful Possession with Intent to Distribute Drugs, Conspiracy to Violate Massachusetts Drug Laws, and various Motor Vehicle Charges.

According to the East Bridgewater Police Department, officers received a report of a person stabbed, as well as a description of a black SUV. The black car was spotted and stopped by other officers, but the driver, Ali Jean, allegedly then took off when he was ordered to get out of the car.

Ali Jean then allegedly led police on a chase into nearby Hanson, which ended when the SUV crashed into a tree, but not before Ali Jean and Williams Fleurimont got out of the car and allegedly ran. Both were eventually found and arrested by East Bridgewater Police officers less than an hour later.

The East Bridgewater Police have indicated that the alleged stabbing incident allegedly involving Jean and Fleurimont was drug-related, and both purportedly knew the stabbing victim.

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April 8, 2011

Couple Arrested in Braintree Robbery

DeMetro.jpgA couple was arrested Thursday afternoon on Massachusetts Theft Crimes Charges for allegedly convincing an elderly Braintree woman to let them into her home and then robbing her of cash and jewelry.

George DeMetro and Dina Miller, have been charged with Breaking & Entering in the Daytime and Receiving Stolen Property, and were arraigned this morning in Quincy District Court.

According to police, DeMetro and Miller, who are from North Carolina, allegedly claimed they were from a Massachusetts regulatory agency there to check on the electrical wiring on the elderly woman's home. Miller then allegedly convinced the woman to come with him and check a shed in the backyard, while DeMetro gained entry into the home.

The woman's husband, who was home at the time, reportedly yelled out to his wife, who was outside, that a man was upstairs in the bedroom. DeMetro allegedly told the couple he was simply checking the water in the bathroom. He then made his way downstairs at which time DeMetro and Miller left the home.

Police responded to the home and the couple reported the Theft Crimes, as they located DeMetro and Miller at a D'Angelo's in Braintree.

A search of the couple's truck revealed $60,000 in cash, jewelry, silverware and other valuable items had been taken, and Braintree Police believe the couple had allegedly targeted other elderly couples in similar Theft Crimes in Braintree, Massachusetts.

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April 7, 2011

Massachusetts Bus Driver Arrested on Drug Charges

bus.jpgCynthia King, 46, of Brockton, was arrested on Massachusetts Drug Crimes Charges after Boston Police conducted a search of her car at the MBTA bus yard in South Boston.

The investigation against Cynthia King reportedly began in May of 2010, when a confidential information allegedly told police that a driver for the MBTA was selling crack cocaine from the bus. Based on that information and subsequent surveillance by the Boston Police Drug Control Unit, the police were able to obtain and execute search warrants of King's car and her person when she arrived to work and recovered crack cocaine, cash and other alleged drug paraphernalia, including digital scales and two cell phones.

Cynthia King as been formally charged with Unlawful Possession with Intent to Distribute a Class B Substance. Following her arraignment today in the Dorchester District Court, she was released on $1,000 cash bail.

King has been employed as a bus driver with the MBTA since 2002, but was suspended following her arrest on these drug charges. It's unclear whether she was allegedly dealing drugs as she was driving buses for the MBTA, but that is presumed to be a matter under investigation.

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April 6, 2011

Massachusetts Camp Counselor Suspected of Sexual Assault Found Dead

Camp Good News.jpgCharles "Chuck" R. Devita, a camp counselor at Camp Good News on Cape Cod, Massachusetts, reportedly committed suicide because of his being suspected of committing various Massachusetts Sex Crimes. Devita was found dead from what is reported to be a self-inflicted gunshot wound.

Devita was recently identified as a suspect for allegedly committing various Massachusetts Sex Crimes against a child at the camp several years ago. The unidentified victim had reportedly accused Charles Devita of repeatedly sexually assaulting and molesting him in 1985 when he attended Camp Good News.

Camp Good News on Cape Cod, Massachusetts, is the same camp where United States Senator Scott Brown went to as a boy and revealed that he was also abused. Senator Brown has declined to pursue any prosecution of his alleged molester, and would not confirm nor deny whether the Charles Devita is the same individual who allegedly molested him as a youngster.

Following news of Charles Devita having been identified as allegedly committing Sex Crimes in Massachusetts, three other people have also reportedly come forward, alleging they were also sexually assaulted at the camp. Two of those victims have identified Devita as the alleged molester, while the third individual has reportedly identified another Camp Good News Counselor.

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April 5, 2011

Three Charged with Identity Theft and Credit Card Fraud in Dedham

Eugene Anthony Morgan, Dwight Croutear and Louisa Wells were all arrested on Massachusetts Theft Crimes Charges for allegedly using persons' stolen identity and credit cards to obtain property from Sears in Dedham.

The three were arraigned in Dedham District Court on Theft Crimes Charges including Receiving Stolen Property and Identity Fraud.

According to the Dedham Police Department, Louisa Wells and Eugene Morgon allegedly opened a credit card account at Sears, which she used to purchased almost $1,000 in electronics and then attempted to purchase almost $1,200 in other items. A store clerk, however, had concerns that the driver's license Louisa Wells used to open the account was fake, and noticed that "this is a facsimile" was written on the back of the license.

Dwight Croutear, meanwhile, was allegedly outside waiting in the car. A search of that car allegedly revealed several other items that were bought with checks and credit cards, as well as a number of gift cards believed to have been purchased with stolen credit cards.

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April 4, 2011

Boston Man Arrested in Dedham for Drug Distribution

Jonathan Perez-Flores, 28, of Dorchester, was arrested in Dedham for 34 alleged violations of Massachusetts Drug Crimes Charges.

Perez-Flores has been charged with several counts of Drug Distribution, Unlawful Possession of Drugs, Drug School Zone Violations, Conspiracy to Violate Drug Laws, Possession with Intent to Distribute Drugs.

According to the Dedham Police Department, Perez-Flores was arrested after undercover police officers had made several 'controlled buys' of heroin from him and after a lengthy undercover drug operation in which he was the purported target.

After allegedly engaging in a drug sale with an undercover Dedham police officers on March 4, Perez-Flores was arrested by the Norfolk County Police Anti-Crime Task Force after his car was blocked in by police vehicles. Officers reportedly had to smash Perez-Flores' driver's side window and forcibly remove him from the car, all while he was allegedly attempting to swallow baggies of drugs. At the time of his drug arrest, Dedham police officers allegedly recovered 19 small bags of heroin and 18 small bags of cocaine.

Following the arrest, police officers executed a search warrant at the Mattapan home of Perez-Flores' purported supplier, where they allegedly recovered additional drugs, false identifications, a loaded gun, $10,000 in cash, and a additional drugs.

The alleged supplier, who has only been identified as "Brian", is also facing several Massachusetts Drug Crimes Charges.

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April 3, 2011

Essex County Grand Jury Indicts Lynn Men for Drug Trafficking

Six individuals were indicted this past Friday by an Essex County Grand Jury in Salem on several Massachusetts Drug Crimes Charges.

Roger Jones and his girlfriend, Chrystalina Cruz, of Salem, were both charged with Drug Trafficking Over 200 grams of Opium after they allegedly received a package in the mail from Florida of 2,000 percocets, valued on the street at approximately $60,000.

According to the Essex County District Attorney's Office, a postal inspector came across the 'suspicious package' that was to be delivered to an address in Lynn and then contacted authorities. Police officers then engaged in a controlled-delivery of the package to the address, which was allegedly signed for by a woman at the request of Chrystalina Cruz.

After signing for the package, the woman, at the direction of police officers, then call Cruz to come and retrieve the package. Sometime later, both Cruz and Roger Jones arrived at the Lynn address to retrieve the package, where they were then both arrested on these Drug Crimes Charges.

The Drug Crime of Trafficking Over 200 grams of Opium carries a minimum-mandatory state prison sentence of 15 to 20 years.

Prosecuting drug cases such as these where a controlled-delivery was made by the police are still not easy to prove. The critical question in these types of cases is whether the person(s) receiving the package had knowledge of the contents of the package, as well as possession of the controlled substance. Possession can be 'actual' possesion; or 'constructive', meaning knowledge of the item coupled with the intention to exercise dominion and control over the item at any given time.

From all reports, it does not appear that Roger Jones had any knowledge of the contents of the package when he allegedly went with Cruz to retrieve it from that Lynn apartment. If so, his defense to the charge of Drug Trafficking could be 'mere presence', and denial of any knowledge of the drugs...

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April 1, 2011

Holliston Woman To Be Charged with Homicide in Wellesley Doctor's Death

Andrea Daley, 62, of Holliston, Massachusetts, will reportedly be charged with Motor Vehicle Homicide for striking and killing Wellesley doctor with her car.

According to police, Wellesley doctor Stanley Sabin, 74, was riding his bike in Millis Wednesday morning when Andrea Daley struck and killed him on Route 115. Although police allege that Daley was operating her vehicle in a negligent manner, Millis Police have stated that speed, alcohol and drugs are 'not believed to be factors' in this incident.

The crash, according to Millis Police, is still 'under investigation.'

Stanley Sabin was reportedly wearing a helmet when he was riding his bicycle, but suffered severe head injuries as a result of the crash and was pronounced after being transported to Milford Regional Medical Center.

Andrea Daley, is scheduled to be arraigned in Wrentham District Court on the charge of Vehicular Homicide sometime in the next few weeks.

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