May 16, 2011

Lawrence Man Arrested for Assault to Murder After Slashing His Grandmother's Throat

Rouluis Felix, 22, of Lawrence, was arrested last night on several Massachusetts Crimes of Violence Charges for allegedly slashing his own grandmother's throat. Felix is to be arraigned this morning in Lawrence District Court on charges including Assault With Intent to Murder, Assault & Battery with a Dangerous Weapon.

According to the Lawrence Police Department, Rouluis Felix allegedly assaulted his grandmother who resides at an elderly housing complex in Lawrence. She was reportedly discovered at 1:30 in the afternoon when she approached two maintenance workers and bleeding from her wounds.

Following the alleged Assault with Intent to Murder, Lawrence Police, along with Massachusetts State Police, immediately began searching for Rouluis Felix, but he managed to avoid apprehension until last night, when a cab driver called to report that a passenger refused to pay his fare. When Lawrence Police arrive to investigate the cab driver's report, they recognized the passenger as Roulis Felix. At that time, he was ordered out of the cab at gunpoint and immediately arrested.

Rouluis Felix reportedly has a history of mental illness, and notably, he was released from a hospital the day before the incident. Although it's unclear what, specific, history of mental illness Felix suffers from, his defense lawyers will be sure to evaluate any defense of Insanity or Lack of Criminal Responsibility.

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May 12, 2011

Massachusetts Police Find Pipe Bomb in Lowell Home of Murder Suspect

Massachusetts State Police executed a search warrant of the Lowell home of Rafael Martinez and discovered a pipe bomb. Martinez was arraigned in Lawrence District Court this week on Massachusetts Murder Charges and Gun Crimes Charges in connection with the death of Timothy Walker.

According to the Essex County District Attorney's Office, Rafael Martinez, in the company of some friends, is alleged to have approached Timothy Walker while he was sitting on the steps of his grandmother's front porch in Lawrence on July 24, 2010. It is alleged that Martinez had in his possession a shotgun, which he then used to shoot Timothy Walker in the head.

Following the shooting, Martinez allegedly left the area in a Nissan Murano driven by one of his friends. It's not known if police have identified the registered owner of the vehicle and/or the driver. If found, it's likely that he would also be charged in connection with this incident, most likely as an Accessory After the Fact to Murder.

Not having made any arrests on this murder, the Lawrence Police Department released a surveillance video to the news media last week, which was taken from the area of the murder. According to the Lawrence Police Department, Rafael Martinez recognized himself as the person in the video that was aired and turned himself into police this past Monday. Once he appeared at the Lawrence Police Station for questioning, he was arrested on charges of Murder.

Following his arraignment in Lawrence District Court on 1st Degree Murder Charges and Gun Crimes Charges, Rafael Martinez was held without bail.

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May 10, 2011

Quincy Developer Charged with Massachusetts Statutory Rape Charges

o'connell.jpgWilliam S. O'Connell, 71, the Quincy developer who was involved in large scale developments such as Marina Bay and the Granite Links Golf Course in Quincy, has been charged with various Massachusetts Sex Crimes. He was arraigned earlier this week in Quincy District Court on charges including Aggravated Rape of a Child, Sex for a Fee and Drug Trafficking Charges.

According to the Norfolk County District Attorney's Office, William S. O'Connell, the alleged victim in the case is between the ages of 14 and 16 years old. O'Connell allegedly engaged in sexual acts with the child twice during the spring of 2009.

At the time of his arrest in this case, Robert S. O'Connell was allegedly in the possession of 19 grams of cocaine, which led to the Norfolk District Attorney's Office also seeking the additional Drug Trafficking Charge.

According to reports, O'Connell was previously convicted in 2003 for Vehicular Homicide in a boating accident. O'Connell was allegedly driving the boat drunk, and a friend fell overboard into the propeller.

The Massachusetts Sex Crime of Statutory Rape is a 'strict liability crime', meaning even any purported consent of the alleged victim and/or reasonable mistake as to the age of the victim is immaterial in defense.

As with most Sex Crimes Charges in Massachusetts, a conviction for the crime of Statutory Rape could subject a person to Sex Offender Registration with the Massachusetts Sex Offender Registry Board.

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May 8, 2011

Boston Man Arrested on Armed Robbery Warrants After High Speed Chase in West Bridgewater

monopoli.jpgWilliam P. Monopoli, of Boston, was arrested by Massachusetts State Police on Armed Robbery warrants following a high-speed chase that ended in West Bridgewater.

According to the Massachusetts State Police, William P. Monopoli was wanted for allegedly violation his probation. Massachusetts State Troopers reportedly tried pulling him over but he allegedly refused, leading them to Route 106 in West Bridgewater where the pursuit allegedly ended when Monopoli crashed.

He is expected to be arraigned in the Dorchester Division of the Boston Municipal Court Monday morning on several criminal charges, including Assault with a Dangerous Weapon, Refusing to Stop for Police, Leaving the Scene of Property Damage, and Negligent Operation of a Motor Vehicle.

Monopoli was also under criminal investigation with regards to a Concord crash where he allegedly fled the scene after a multi-car accident on April 10. With regards to that incident, William Monopoli is expected to be charged with several Motor Vehicle Charges, including Leaving the Scene of An Accident with Personal Injury and Negligent Operation of a Motor Vehicle.

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May 6, 2011

Massachusetts Couple Arrested for Sex Crimes for Having Public Sex in Park

public sex 2.jpegA young couple was arrested in Roxbury early yesterday morning on Massachusetts Sex Crimes charges for having sex in public. Both persons, 28, were each charged with Open & Gross Lewdness and Lascivious Behavior.

According to the Boston Police Department, officers received complaints at 8:45 a.m. yesterday Thursday morning that a couple was having sex at the Clifford Playground in Roxbury, Massachusetts. The witnesses who reported the incident to the police indicated that the couple was "making no effort to conceal their activities from the view of rush hour traffic."

When Boston Police Officers responded to the Roxbury park, they allegedly observed the couple partially clothed and still engaged in activity of a sexual nature. Upon the sight of the arriving police officers, both persons allegedly frantically began to tidy up their clothing.

Open & Gross Lewdness and Lascivious Behavior:

The Massachusetts Sex Crime of Open & Gross Lewdness and Lascivious Behavior is the intentional and public open exposure of a person's genitals or buttocks that produces shock to at least one or more persons.

Additionally, persons charged with the sex crime of Open & Gross Lewdness could be subjected to Registration with the Massachusetts Sex Offender Registry Board if convicted of a second or subsequent offense.

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May 5, 2011

Massachusetts Teen Charged With Murder of His Mother

easton.jpgMatthew Worster, 17, of Easton, Massachusetts, was arraigned today on Murder Charges for allegedly killing his own mother and then burying her in their backyard. He was arraigned this morning in Taunton District Court the charge of Armed Assault with Intent to Murder.

According to the Bristol County District Attorney's Office, Matthew Worster allegedly killed his mother, Beth Spartichino, because he was angry over his parents divorce. He allegedly told his younger brother that he shot their mother because 'they would be better off". Easton and Massachusetts State Police searched the backyard of the family's Easton home and did recover the body of Beth Spartichino in a shallow grave in the backyard. The official cause of death is yet to be determined pending an autopsy, but officials did reveal that the body appeared to have a gunshot wound to the back.

According to the District Attorney's Office, Worster also called his father, Michael Worster, and left a voicemail suggesting he had done something to his mother. In the voicemail, Worster allegedly stated "I did what I had to do". After listening to the voicemail, Michael Worster then called the Easton Police Department and reported that he feared his ex-wife was dead and that his son committed the murder.

The divorce between Beth Spartichino and Michael Worster became final two weeks ago. At that time, Matthew Worster allegedly told his mother that they would all be better off if she were dead.

Interestingly, Michael Worster also told the dispatcher that he believed that his ex-wife had been buried in a freshly dug hole in the garden. A year ago, however, Beth Spartichino had obtained a restraining order against her husband, Michael Worster, alleging that he made threats to kill her and bury her in the yard.

It is anticipated that once the autopsy is finalized, that charges against Matthew Worster will be upgraded to First Degree Murder.

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May 2, 2011

Massachusetts State Police Arrest Cambridge Jail Sergeant on Drug Charges

Michael Dell'Isolia, a sergeant for the Middlesex County Sheriff's Department assigned to the Cambridge Jail, was arrested on Massachusetts Drug Charges for following a sting operation. He is scheduled to be arraigned tomorrow in Woburn District Court on drug charges including Drug Trafficking in Cocaine.

According to the Middlesex County District Attorney's Office, Michael Dell'Isolia, who has been employed by the Middlesex County Sheriff's Department for 28 years, was under investigation by the Massachusetts State Police for several months for alleged illegal drug activities. Dell'Isolia was then contacted by an undercover Massachusetts State Police Trooper today who allegedly gave Dell'Isolia some cocaine, along with some cash. Once he accepted the drugs and money, Dell'Isolia was immediately placed under arrest for allegedly Violating Massachusetts Drug Laws.

The inference by statements of Middlesex County Sheriff, Peter J. Koutoujian, is that the investigation into Michael Dell'Isolia was initiated by the Sheriff's internal affairs department, possibly suspecting that Dell'Isolia was allegedly smuggling drugs into the Cambridge facility. From there, the Middlesex County Sheriff's Department referred the investigation to the Massachusetts State Police.

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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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