March 22, 2010

Marblehead Teen Charged with Vehicular Homicide in Death of Salem Woman

Christopher Maxson, 19, of Marblehead, was arrested last night after he collided with a car on Eastern Avenue in Lynn and then struck several parked cars before rolling over. As a result of the crash, Julia Gauthier, 19, of Salem, was ejected from the sunroof and died from her injuries.

Maxson was arraigned today in Lynn District Court on various drunk driving charges, including Reckless Operation of a Vehicle and Motor Vehicle Homicide.

The Lynn Police Department responded to reports of a motor vehicle crash with injuries at Eastern Avenue and Glenwood Street in Lynn, near the Swampscott line, at 1:00 a.m. Besides, Maxson and Gauthier, there were two other passengers in the vehicle.

After his arraignment, Christopher Maxson was reportedly held on $12,000 cash bail.

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March 20, 2010

Quincy Man Charged with Assault for Somerville Stabbing

Joseph Beaton, 25 of Duxbury, was arrested last week in Quincy for allegedly stabbing a man in Somerville, Massachusetts. On March 17, 2009, Somerville Police responded to a call that a man had been stabbed twice in the chest, as well as a wound to his elbow. Beaton was arrested on March 19 in Quincy.

The Somerville Police investigation resulting from this incident led police to Beaton, who is reported to have made incriminating statements implicating himself in the assault or stabbing. The victim's girlfriend later told Somerville Police that Beaton got into a fight at a party with the Somerville resident, and then stabbed him as a result.

After the assault, the victim was taken to Massachusetts General Hospital where he was treated for his stab wounds. Although the Somerville man's condition was initially listed as 'critical', it was later changed to 'life threatening.'

Beaton is expected to be arraigned in Quincy District Court on Monday and charged with Assault, Assault by Means of a Dangerous Weapon, and Assault with Intent to Murder.

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March 19, 2010

Quincy Man Arrested for Braintree Robbery

Mark J. McMullen of Quincy, Massachusetts, was arrested on March 17 for stealing two cigarette cartons from a Mobil gas station near the South Shore Plaza in Braintree. The store clerk told police that the man, later identified as McMullen, requested to buy the two cartons and after he retrieved them, he snatched them out of his hands and ran out of the store.

The clerk was able to write down the registration number of the car, and also produced the surveillance videos from the store which captured the larceny. The Braintree Police Department had been investigating several other Theft Crimes in Braintree, Quincy and Boston by a suspect driving a dark-colored vehicle with CT registration. The police suspect that McMullen may be responsible for those other robberies as well.

McMullen is also a criminal suspect in another Theft Crime that happened on March 16, also in Braintree, Massachusetts. In that robbery, a man went to Cumberland Farms in Braintree and also took off with two cartons of cigarettes as well. That criminal suspect is also reported to have fled in a dark-colored vehicle with CT registration.

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March 18, 2010

Boston Police Make Drug Arrests in Roslindale Pub

489540_various_abusive_drugs.jpgA drug investigation by the West Roxbury Boston Police Drug Control Unit, relying on information provided by a 'confidential informant' about drugs being sold at BK's Pub at 4272 Washington Street in Boston's Roslindale section resulted in the arrest of two people. Alexander Perez-Figueroa, of Dorchester, and Elsa M. Parrilla, also of Dorchester, were both arrested and each charged with Possession with Intent to Distribute a Class B Substance.

The confidential informant told police that a woman would sell drugs from BK's Pub in Roslindale by receiving orders in the bar and receiving money for the drugs. A 'drug dealer' would then be contacted, she would meet him on Poplar Street to obtain the drugs, and then allegedly distribute those drugs to the buyers.

The Boston Police Drug Control Unit allege they observed several people approach the woman and hand her money. She was then observed using her cell phone, thereafter leaving the bar in her car and conducting the transaction with occupants within another car. At the time of her arrest, the Boston Police report that she admitted to be in possession of cocaine, for which she reportedly paid $1,000.

That other car was also stopped by the Boston Police, and both the driver and passenger were arrested for violation of the drug control laws. Interestingly, only $407 dollars in total was seized from these two men. They were charged with Distribution of a Class B Substance and School Zone Violations.

Additionally, the 'buyer' from the bar was also summonsed to be charged in West Roxbury Division of the Boston Municipal Court with the drug crimes of Possession of a Class B Substance with Intent to Distribute and School Zone Violation.

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March 17, 2010

Former Harvard Student Charged with Cambridge Murder

Brittney Smith, 22, was recently indicted by the Middlesex County District Attorney's Office in connection with the murder of 21 year old Justin Cosby, of Cambridge. Smith, a former Harvard University student, will soon be arraigned in Middlesex Superior Court on several criminal charges, including Unlawful Possession of a Firearm, Accessory to Murder After the Fact, Willfully Misleading a Grand Jury Investigation, and Willfully Misleading a Police Officer.

According to reports, the Cambridge Police Department and Harvard University Police responded to a 'shots fired' call on May 18, 2009, at a Harvard College dorm. Upon their arrival, they found Justin Cosby had left the dorm and ran to the intersection of Dunster and Mount Auburn Street, where he collapsed from a gunshot wound to the abdomen.

Based on the criminal investigation by the Massachusetts State Police, Cambridge Police, Harvard University Police and the Middlesex County District Attorney's Office, it is alleged that three men from New York arranged to meet Cosby with the goal of robbing him. The meeting took place inside the Kirkland House dorm, at which point several shot were fired.

The criminal defendant, Brittney Smith, was a Harvard student at the time of the incident, who allegedly invited Cosby to the campus and he gave her his Harvard ID, which she in turn gave to the three men to access the building. After the shooting, Cambridge Police alleged that Smith took the gun used in the murder and hid it under a friend's bed in the dormitory.

Thereafter, Smith and the three men immediately left the Boston area. Smith returned the next day from out of state and is alleged to have lied to Cambridge and Harvard Police about her whereabouts, as well as telling them she had the key pass with her the entire time. After the incident, Harvard University suspended Smith.

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March 16, 2010

Massachusetts Criminal Conviction Rates in Suffolk, Middlesex, Norfolk & Worcester Counties Released

Many people not directly involved in the Massachusetts criminal justice system ordinarily do not hear much about what happens after certain cases are publicized. Media coverage of criminal cases, whether a murder, armed robbery, or drunk driving accident is highlighted almost daily. What the public only typically hears, however, is when someone is arrested, or when a 'high-profile' crime goes to trial. If someone is convicted of a high-profile crime, that's front-page headlines all over the Massachusetts media.

Well, what about the thousands of other criminal cases that are prosecuted annually...the ones that don't receive the extensive media attention? People might wonder, but don't often realize, that criminal conviction rates for cases tried in the Superior Court Departments in Boston and throughout Massachusetts are not as high as you might expect.

In data recently released by the Massachusetts Office of the Jury Commissioner, it is reported that in 2009, the criminal conviction rate in Suffolk County and Middlesex County for criminal cases that went to trial was only 62%. By comparison, the criminal conviction rate in Norfolk County was 59%, and Worcester County was 34%.

Because these criminal conviction rate numbers for Massachusetts counties consider a guilty verdict on at least one felony as a conviction, one might argue that the criminal conviction rates are actually lower than those reported. For example, if someone is charged with 5 felony indictments, and the criminal defendant is only convicted of 1 of them, then that is considered a conviction - even though the defendant may only have been convicted of the 'least serious' of those felonies.

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March 15, 2010

Boston Homeland Security Official on Trial for Employing Illegal Worker

The trial of Lorraine Henderson, a former top Homeland Security Official from Boston, began today in Federal District Court. You may remember that Henderson was arrested in December 2008 after she was caught on a wiretap warning her housekeeper, Fabiana Bittencourt, not to leave the country because she won't be let back in. The person wearing the wiretap was the housekeeper, who had been cooperating with the United States District Attorney's Office.

The criminal defendant was charged with Employment of Illegal Aliens, as well as Encouraging an Illegal Immigrant to Remain in the Country, a felony punishable up to 10 years in prison.

Isn't it ironic that one of the top officials in charge of 'homeland security' and with enforcing the United States' customs and immigration laws is a criminal defendant on trial with violating the same laws she swore to enforce? The funny thing is, she's certainly not the first, nor the last 'law enforcement official' who will get caught up with illegal or criminal activity.

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March 13, 2010

Essex County D.A.'s Office Charges Two Men in 34 Year Old Gloucester Murder

Kevin Ireland, 54 of Gloucester, Massachusetts, was arrested yesterday for the murder of a woman in a Gloucester funeral home that occurred 34 years ago. Also charged with murder was Norman Pike of San Francisco, who was the grandson of the funeral home owner and who fled the Gloucester area shortly after the murder and began using the alias "Dan Franklin."

Norman Pike was arrested this past Monday by officers from various agencies, including the Gloucester Police Department and Massachusetts State Police. At this time, he has contested rendition from California and it could take up to 3 months to have him brought to Massachusetts to be arraigned on Murder charges in Gloucester District Court.

The Essex County District Attorney's Office alleges that Ireland, Pike, and a third man who is now deceased, went to rob the funeral home's safe. During the robbery, it is believed the victim walked in on the two men and was then murdered.

Despite this murder having gone unsolved for 34 years, investigators from the Gloucester Police Department and the Essex County District Attorney's Office recently reviewed the case and began re-interviewing witnesses who had been questioned at the time. The Essex County District Attorney's Office reports that, as a result of those re-interviews, police were able to secure arrest warrants for Kevin Ireland and Norman Pike.

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March 12, 2010

Lynn Man Arrested for Trying to Steal Cash Register at Salem Family Dollar

This past Wednesday, Hosea Kendrick, 40 of Lynn, was arrested and charged with Attempt to Commit a Crime, Larceny from a Building, for allegedly trying to steal the cash register drawer from a Family Dollar Store in Salem, Massachusetts.

Salem Police allege that while the store clerk wasn't looking, Kendrick jumped the counter and tried, unsuccessfully, to remove the drawer from the cash register. When the clerk finally noticed, she heard a woman signal to the man, and the two then left the store together. The store clerk was able to get a description of the criminal suspect's car and, minutes later, Salem Police Officers saw that car and eventually arrested Hosea Kendrick and Christina Lupoli, also of Lynn, Massachusetts. Salem Police Officers brought Kendrick and Lupoli back to the Family Dollar Store and the clerk reportedly identified each of them as the would-be robbers.

This most recent attempted robbery follows two very recent similar robberies in the past few months. In January, a cash register was stolen from the Walgreens on Boston Street in Salem; and just last week, a masked robber also stole a cash register from another Walgreens in Beverly. At this time, Salem Police are continuing to investigating whether Hosea Kendrick and Christina Lupoli have any connection to these previous robberies.

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March 11, 2010

Malden Man Arrested Again in Boston for Another Robbery

Michael McInnis, 34 of Malden, was arrested for the second time in the past few weeks yesterday for another robbery, this time in Boston, Massachusetts. According to Boston Police, McInnis was arrested along with Crystle Sears, 22, after a witness reported them breaking into Liberty Tax Service at 2:50 a.m. Both McInnis and Sears were identified by witness(es) at the scene, and Sears was allegedly carrying a hammer and wood chisel.

Boston Police are charging McInnis with Breaking and Entering in the Nighttime for a Felony; Possession of Burglarious Instruments; Malicious Destruction of Property Over $250; and Disorderly Conduct. Sears was likewise charged with Breaking and Entering in the Nighttime for a Felony; Possession of Burglarious Instruments; and Malicious Destruction of Property Over $250.

You may remember that Michael McInnis was arrested last month in Malden, Massachusetts, after allegedly robbing a 7-11 of about $100. That robbery was widely reported because surveillance video captured a 75-yeard old elderly woman coming to the aid of the store clerk as he was being robbed.

According to Malden Police, Michael McInnis' extensive history of arrests are what led him to being easily identified from the surveillance video. It is reported that he has been criminally charged 13 times over the past 10 years in Malden District Court from criminal offenses ranging from Disturbing the Peace to Robbery. He also recently served 60 days in jail for traffic violations.

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March 10, 2010

Police Lose Man in Pursuit After Unarmed Robbery of Diamonds at Braintree Mall

The Braintree Police Department continue to investigate and search for a man who pulled off a robbery of two diamonds yesterday from Zales Jewelry Store at the South Shore Plaza in Braintree, Massachusetts. The stolen diamonds are said to be valued at $20,000 each.

According to police, the man walked into the jewelry store and asked to see a couple of diamonds. At the moment when the store employee was holding both diamonds in her hands, the man suddenly snatched the jewels and ran out of the store, where a getaway car was waiting for him.

The suspect's car was chased by a nearby Braintree Police Officer, and was observed speeding onto Route 93 headed towards Boston. The criminals were followed all the way to East Milton Square, at which time the Braintree Police Officer was told to call off the pursuit. Braintree Mall Security were able to provide the officers with a partial plate number of the getaway car, but it is reported that the car had Michigan plates. I wouldn't be surprised if these plates were attached to conceal the registered owner of the car, or if the car was stolen altogether.

Video surveillance footage from the Braintree jewelry store shows the man entering the store and speaking with the sales associate, but Braintree Police believe the man was aware of the presence of cameras and was very careful in keeping his head down.

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March 9, 2010

Malden Man Charged with Murder of Infant Son

1014ec_ltp030810shakenbabytf04.jpgGeoffrey Wilson, 31 of Malden, Massachusetts, was arraigned yesterday in Malden District Court on murder charges for killing his 6 month old son, Nathan Wilson. A the time of this writing, the Middlesex County District Attorney's Office had not yet determined the cause and manner of death, citing that the matter is still under investigation.

The boy's father, who works at Massachusetts Institute of Technology's Media Lab as an administrative assistance, allegedly told police that the baby became cranky and he picked him up over his head and shook him, trying to simulate the motion of a moving car to calm the child. The Middlesex County D.A.'s Office, however, have said that preliminary reports suggest the infant child suffered "non-accidental injuries and trauma."

The prosecuting attorney further informed the judge at Wilson's arraignment that the baby had signs of bruising on his forehead, chin and cheek, and that it appeared that the baby was subjected to extreme violent shaking causing a retinal hemorrhage. Although an autopsy has not yet been completed, it is believed that the child succumbed to his injuries as a result of "Shaken Baby Syndrome."

Shaken Baby Syndrome occurs when an infant or small child is shaken violently, causing a whiplash-type motion. The violent shaking can cause severe brain damage and even death. There are approximately 1,200 to 1,600 cases of Shaken Baby Syndrome in the United States per year.

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March 8, 2010

Rockland Teen Charged with Armed Assault to Murder in Stabbing

Roberto Perez, 18, of Rockland, Massachusetts, will be arraigned today in Hingham District Court for stabbing another teenager at a party in Rockland this past Saturday. The District Attorney's Office has charged Roberto Perez with Armed Assault with Intent to Murder and Assault & Battery with a Dangerous Weapon.

The victim, a 16 year old boy, was allegedly stabbed multiple times and ended up being airlifted to Boston's Brigham and Women's Hospital where he was listed in stable condition. It is not clear at this time what the dispute was that led to the assault.

In Massachusetts, the crime of Armed Assault with Intent to Murder is governed by M.G.L. Chapter 265, Section 18(b), and provides for imprisonment to state prison for up to 20 years. Additionally, the crime of Assault & Battery with a Dangerous Weapon, Causing Serious Bodily Injury, M.G.L. Chapter 265, Section 15A(c), provides for imprisonment to state's prison for up to 15 years.

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March 7, 2010

Criminal Defense Lawyer's Relationship with Prosecutor Not Enough to Overturn Murder Conviction

The Massachusetts Supreme Judicial Court recently refused to overturn the murder conviction of a man who later found out his criminal defense lawyer had a prior dating relationship with the prosecutor in the case, and then with another prosecutor in the District Attorney's Appellate Division while he was handling his criminal appeal.

The defendant, John Stote, was convicted after a criminal jury trial for the 1997 murder of a man in Springfield, and then disposing of his body in the Connecticut River. In his appeal, the convicted murder appealed his conviction, claiming his criminal trial counsel's prior dating relationship with the prosecuting attorney created a conflict of interest.
In its decision, Commonwealth v. John Stote, the Massachusetts Supreme Judicial Court rejected both of the Defendant's arguments on appeal:

  1. that the defendant's criminal trial counsel should have told him of his prior personal relationship with the Hamden County prosecutor; and

  2. that the criminal attorney further failed to inform the defendant of his dating relationship with another prosecutor in the Hamden District Attorney's Office Appellate Division while he was then representing the defendant on the appeal for his murder conviction.
In her decision, Judge Marshall of the Massachusetts Supreme Court frowned upon the trial attorney's failure to disclose his relationships with prosecutors to his client, but ultimately ruled that there was neither "an actual conflict of interest nor a potential conflict that resulted in material prejudice in [the defendant's] appeal." Despite rejecting the defendant's appeal, the Court did note that an attorney's professional and ethical responsibility to inform their clients of any intimate personal relationship that might impair his ability to provide unimpaired assistance of counsel.

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March 6, 2010

Massachusetts Court Reverses Drug Conviction, Police 'Expert Testimony' Still Live Issue In Drug Cases

The Massachusetts Supreme Judicial Court recently reversed the conviction of a man who had been convicted in 2004 for the crime of Trafficking Cocaine of over 28 grams. In the case of Commonwealth v. Mario M. Perez, the Supreme Judicial Court reversed the jury's guilty finding on the grounds that the defendant's Sixth Amendment Right to Confrontation was violated by the introduction of the Certificate of Drug Analysis without the chemist's testimony.

The defendant's reversal for the crime of Trafficking follows the United States Supreme Court's decision in Crawford v. Washington, which essentially ruled that the Drug Certificates were testimonial evidence. At the time of this appeal, the United States Supreme Court had granted certiorari but not yet decided United States v. Melendez-Diaz, which now prevents the prosecutor from proving its case by way of ex-parte court affidavits and without the proponent being subject to cross-examination.

This case is particularly interesting because the District Attorney's Office attempted to convince the Massachusetts Supreme Court to adopt a broader rule of law that would allow them to bypass having to call a drug chemist at trial. Massachusetts prosecutors are trying hard to convince the Court to allow them to prove what a particular substance is through the use of 'police expert' testimony only. In this way, the prosecutors could attempt to prove the controlled substance at trial through their usual police witnesses and without having to bring in the chemist who tested the drugs.

In Commonwealth v. Perez, the Suffolk District Attorney's Office argued that a police officer who had experience with a particular drug, packaging, street-selling prices, and based on his experience, could then offer the required proof that a substance is a particular drug without having the chemist testify.

The Massachusetts Supreme Court said, no, but nice try...

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