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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March 29, 2011

Boston Man Indicted for Assault on Malden Woman

Claudio Nascimento, 38, of Boston, was arraigned in Middlesex Superior Court on several Massachusetts Crimes of Violence Charges for allegedly assaulting a Malden woman with a knife after breaking up with him.

Nascimento has been charged with Armed Assault with Intent to Murder and Assault & Battery with a Dangerous Weapon Causing Serious Bodily Injury.

According to the Middlesex County District Attorney's Office, Nascimento allegedly attacked the Malden woman because she broke off their relationship. It is alleged that he attacked her with a knife, stabbed her and also tried to choke her to death.

Details regarding the incident allege that after being dumped by the woman in January, Nascimento went to the woman's home in late January and found a man there helping her fix her computer. The following day, Nascimento allegedly went back to the woman's apartment in Malden and began asking questions about the man. When the woman reportedly refused to get back together with him, he allegedly stabbed her in the throat, continued an assault with the knife for 30 minutes, and also tried to suffocate her with a plastic bag.

Middlesex County prosecutors further revealed that, after the attack, the woman was able to stand up and Nascimento allegedly attacked her again.

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March 28, 2011

72 Year Old Lowell Man Charged in Murder of His Wife

David McCall, 72, of Wakefield, was arrested early this morning for the Murder of his wife at their home.

According to the Wakefield Police Department, David McCall and his wife were having an argument in their home. The argument then allegedly led to McCall retrieving a gun and shooting his wife, Elane M. McCall, in the kitchen. She was transported to Melrose-Wakefield hospital where she was pronounced from a single gunshot wound to the chest.

After allegedly murdering his wife, David McCall then reportedly tried to turn the gun on himself, was but unsuccessful in his attempt.

Following his booking at the Wakefield Police Station, David McCall is expected to be transported for arraignment this morning in Malden District Court on Murder Charges.

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