January 2012 Archives

January 25, 2012

Newton Library Employee Charged with Child Pornography

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.

This is the second such arrest involving Unlawful Possession of Child Pornography. Last week, a Newton Public School teacher was also arrested and charged with similar Massachusetts Sex Crimes Charges.

In many cases involving child pornography, investigators will often target peer to peer networks where users can 'share' and download files from other users onto their own computer. Typically, an investigator will access the network and scan the files available on a person's computer being shared on the network. From there, police will then track who is uploading and/or downloading the files by locating the user's IP address.

The IP address will not provide the user's name, but will provide the investigator's the network, e.g., verizon, comcast, etc., that is hosting the address. Police will then subpoena the internet provider to obtain the registration information and name of the person for that specific IP address.

With this information, police will then apply for a search warrant to enter the person's home and seize the computer and any other images for evidence.

One of the most important and critical pieces of advice I can offer to someone who has been arrested or even being investigated for any crime is to never speak to the police without a lawyer. If the police are targeting you as a suspect or someone they are likely to arrest, they are not your friends. They will not 'help you help yourself'. If they come to your house or 'want to speak with you' about a potential crime you may be involved with they will inevitably arrest you whether you speak to them or not.

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January 18, 2012

Newton School Teacher Charged with Child Porn

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.

Following his arraignment in Brighton District Court, the teacher was held on $10,000, but was also detained without bail as a result of an outstanding warrant in West Roxbury District Court on what is believed to be additional Sex Crimes Charges.

Unlawful Possession of Child Pornography in Massachusetts is defined as the possession of a photograph or visual reproduction of any child whom the person knows or reasonably should know to be under the age of 18, and the child is engaged in sexual intercourse or otherwise depicted in an act or pose of a sexual nature.

A person convicted for the Sex Crime of Possession of Child Pornography may face up to 5 years in state prison and will also render him/her subject to the Massachusetts Sex Offender Registry Laws.

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January 17, 2012

Massachusetts Police Arrest Man Driving Wrong Way on I-93

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.

State Police called off the pursuit for safety concerns when the vehicle began going the wrong way on I-93, but the minivan nonetheless still caused a 4 car crash and eventually exited the highway at the Neponset Circle exit.

Saunders had allegedly fled the vehicle and was arrested after he was allegedly found hiding under a pickup truck.

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January 10, 2012

4 Charged with Massachusetts Drug Trafficking Over 75 Pounds of Marijuana

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.

The drug investigation by the Lowell Police Department that led to these arrests came after police executed a search warrant at an apartment in Lowell.

In many drug cases where search warrants are involved, police will often have to rely on a period of undercover surveillance of the target location and the suspected individuals believed to be involved. Sometimes police will also employ undercover police officers, but most often they will rely on confidential informants who will conduct 'controlled drug buys' with the individuals.

In drug investigation where police believe that drugs are being sold from a particular location but are unsure of the identity of the individuals involved, the use of confidential informants becomes even more important. Sometimes, however, police will be reluctant to reveal the identity of the confidential informants, even at trial, and this could sometimes prove advantageous to the defense.

In every case involving search warrants in drug cases, the application for the search warrant should be scrutinized extremely carefully for any deficiencies. In some cases, the probable cause necessary for the issuance of the search warrant may be lacking, and the person may have meritorious challenge in getting the drugs excluded (by filing a Motion to Suppress Evidence).

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