Boston Criminal Lawyers Blog

Boston Police responded to a reported Home Invasion / Armed Robbery this morning and arrested three men who allegedly tried to rob the home.

Adel Fonts of Attleboro, Robert Smith of Roslindale and Antonio Teixiera were all arrested and charged with Home Invasion; Armed Robbery; Unlawful Possession of a Firearm; and Assault with a Dangerous Weapon.

According to the Boston Police, officers responded to a call for a break-in at a home in Dorchester shortly after midnight. When they arrived, they allegedly observed Robert Smith jump from the second floor onto a neighboring porch. He allegedly tried to run away but was eventually arrested.

Meanwhile, Boston Police also reported locating Adel Fonts and Antonio Teixiera hiding in the home. Police also allegedly recovered 2 gun, zip ties, and cash.

Home Invasion in Massachusetts is defined as the entry into the home of another while armed and force is used against any person in the house. Home Invasion carries a very serious penalty of not less than 20 years and up to life in state prison.

Armed Robbery in Massachusetts, however, differs a bit from the crime of Home Invasion because the law does not require that the crime be committed in the house of another. Rather, an 'armed robbery' is committed when one, armed with a dangerous weapon, physically or otherwise threatens another person with the intent to steal his or her property. Armed Robbery also carries a potential sentence of up to life in state prison, but the law does not impose a minimum-mandatory sentence.

Continue reading "3 Men Arrested in Boston Home Invasion in Dorchester" »

A university professor was arrested this past weekend in Boston on Massachusetts Sex Crimes Charges after his flight landed at Logan Airport for allegedly possessing and viewing child pornography in flight.

Grant D. Smith, 47, a science professor at the University of Utah, was arraigned in East Boston District Court yesterday for Unlawful Possession of Child Pornography.

According to the Suffolk County District Attorney's Office, Smith was allegedly viewing the child pornography from his first class seat while in flight. A passenger seated behind him allegedly observed the images Smith was looking at and e-mailed his son and asked him to contact police in Massachusetts.

Prosecutors further allege that the passenger then reported the incident to a flight attendant, who instructed Smith to shut off his computer. The flight attendant reported that Smith then allegedly tried to erase the images from his computer.

When the flight landed in Boston, Massachusetts State Police purportedly obtained consent from Smith to search his computer, and they allegedly recovered multiple child pornographic images of children between 5 and 14 years old.

Meanwhile, the University of Utah has placed Smith on administrative leave pending its own investigation.

The Massachusetts Sex Crime of Unlawful Possession of Child Pornography is a felony that carries up to 5 years in state prison for a first offense. Massachusetts law defines child pornography as any photograph or visual reproduction, or depiction by computer, any child whom the person knows or reasonably should know to be under the age of 18, and the child is engaged in some type of sexual or depicted in a lewd pose.

Additionally, a conviction of Unlawful Possession of Child Pornography may also subject the offender to Registration as a Sex Offender.

Continue reading "Plane Lands in Boston, Professor Arrested for Child Pornography" »

Two teenagers were charged on Wednesday in connection with the attempted jewelry store robbery that ended in the shooting of a Woburn Police Officers.

Allegra Martinez, 18, and Erianiss Murillo, 17, both from Dorchester, were arranged in Woburn District Court this week on Massachusetts Crimes of Violence Charges, including Armed Robbery While Masked; Gun Crimes Charges, and Assault with Intent to Murder.

According to Middlesex County prosecutors, Allegra Martinez, the daughter of a Boston Police Officer, and Erianiss Murillo, were involved in the attempted robbery of Musto Jewelers. Prosecutors allege that the store was cased a few days before the incident when two women came into the store and asked store employees how many people worked there. A few days later, on September 6, two women and two men returned to the store.

Prosecutors allege that Murillo rang the door bell, and when she was buzzed in, two men, Hector Baez Cruz, 21, and Antonios Matos, 25, went through and attempted to rob the store.

Woburn Police Officer Robert DeNapoli was one of the first police officers to respond to the scene. He was allegedly shot by Antonios Matos. DeNapoli survived the shooting, but reportedly lost his right index finger and was his left eye was injured.

Meanwhile, Antonios Matos was shot by other officers. He was arrested on scene that day.

Hector Baez Cruz, Allegra Martinez and Erianiss Murillo were reportedly able to get away, but Baez Cruz was arrested a few weeks later. Martinez and Murillo were allegedly linked to the robbery by cell phone records.

Continue reading "2 Teens Charged in Shooting of Woburn Police Officer" »

A man who worked as a substance abuse counselor was charged in Cambridge District Court this past week on Massachusetts Theft Crimes Charges for allegedly attempting to scam clients by promising a reduction in their criminal charges in exchange for a "court fee".

Greg Skinner was arraigned in Cambridge District Court this week on charges of Larceny Over $250 by False Pretenses.

The Middlesex District Attorney's Office alleges that Skinner, in his role as a drug counselor, tried to persuade client he was counseling to pay him a hefty "court fee", and that he, in exchange would arrange so that their criminal charges would be reduced. He would allegedly tell client that he had connections to the court's Probation Department and that the charges would be reduced for a fee of $2,750.

This month, prosecutors allege that he attempted to obtain this ridiculous 'court fee' from a current client. The client, however, along with his parents, reported him to the Massachusetts State Police, who then arranged a sting operation to confirm the allegations. Thereafter, an undercover state trooper, posing as the client's mother, allegedly met with Skinner and provided him with the requested $2,750. Once the money was exchanged, Skinner allegedly stated that he had already taken care of the charges.

In reality, the Probation Department really has no leverage, aside from making a strong recommendation, to have anyone's charges reduced or dismissed. Ultimately, any decision to reduce someone's charges must either come from the District Attorney's Office, or upon motion by the defendant directly to the Judge who will ultimately decide whether or not the charges should and/or can be reduced.

The Massachusetts Theft Crime of Larceny from the Person Over $250 is a felony which carries a potential penalty of up to 5 years in state prison.

Continue reading "Drug Counselor Charged in Cambridge with Court Cost Scam" »

A Boston man was arrested by Cambridge Police earlier this week on Massachusetts Sex Crimes Charges in connection with an alleged sexual assault on a woman near the Cambridgeside Galleria in Cambridge.

Cambridge Police have arrested Elisee Myrthil, 27, of Hyde Park, and have charged him with Assault with Intent to Rape.

According to police, Myrthil allegedly approached the woman from behind at Canal Park in Cambridge. It is alleged that he pushed her to the ground and attempted to sexually assault her. Myrthil was allegedly identified following review of surveillance video that purportedly captured the incident.

The Massachusetts Sex Crime of Assault with Intent to Commit Rape is defined as an assault with the intent to then engage in sexual intercourse without the consent of the other person.

Assault to Rape is a felony in Massachusetts, which is punishable by commitment to state prison for any term of years, up to life imprisonment. Additionally, as with most Massachusetts Sex Crimes, a person convicted of this crime will likely also face other collateral consequences, including Sex Offender Registration; and could dal so be subject to Community Parole Supervision for life and/or may also be civilly committed as a "sexaully dangerous person."

Continue reading "Boston Man Charged with Sexual Assault on Woman in Cambridge Park" »

A Boston firefighter was arraigned this week in West Roxbury District Court on charges of Violation of a Restraining Order, Threat to Kill, and Intimidation of a Witnesses.

It is alleged that a Michael Costello, of Hyde Park, had been the subject of a restraining order taken out against him by a Boston Police Officer. According to the Suffolk County District Attorney's Office, Costello allegedly told another officer that he planned to kill the officer who had taken out the restraining order in Quincy District Court.

Following his arraignment, Michael Costello was held on $1,000 police, but was held without bail after his Quincy bail was revoked.

The Massachusetts Crime of Violation of a Restraining Order is a felony which is punishable by up to 2.5 years in the House of Corrections. In order to be convicted of this crime, the prosecutor would have to prove, beyond a reasonable doubt, that:

1. A court has issued an order prohibiting the defendant from abusing or contacting the person;


2. The order was in effect on the date when the alleged violation occurred;


3. The defendant had notice of the terms of the order then in effect; and


4. That the defendant violated that order.

Continue reading "Boston Firefighter Charged with Violating Restraining Order Against Police Officer" »

Donald Rudolph, arrested on Massachusetts Murder Charges, was arraigned in Quincy District Court this morning for allegedly killing his mother, Paula Rudolph, her boyfriend, Frederick Medina; and his sister, Caylin Rudolph.

Rudolph was arraigned on 3 counts of 1st Degree Murder and 3 counts of Assault & Battery with a Dangerous Weapon.

According to the Norfolk County District Attorney's Office, Donald Rudolph allegedly stabbed Frederick Medina to death, cut his throat and then stuffed a baby doll in his mouth. He also allegedly stabbed his sister, Caylin Rudolph, several times; and allegedly beat his mother to death.

Weymouth Police Officers were called to the family's home last Thursday night after neighbors called police. On arrival, police officers reportedly observed Donald Rudolph to be covered in blood and hiding in the basement. He also allegedly told police "I fucked up...you will see when you go inside the house."

Following his arraignment in Quincy District Court on Murder Charges, Donald Rudolph was held without bail and sent to Bridgewater State Hospital for a mental competency evaluation.

In Massachusetts, competency evaluations are conducted where there is a question of whether the defendant charged has the mental capacity to participate and assist his attorney in his legal proceedings. If, after evaluation, the court makes a determination that the defendant is not competent, i.e., unable to comprehend the legal proceedings against him and/or that he is unable to help in his defense, then he will be found incompetent.

Under Massachusetts case law, the standard is whether the defendant sufficiently "has the present ability to consult with his lawyer with a reasonable degree of rational understanding - and whether he has a rational as well as factual understanding of the proceedings against him".

Notably, there is a legal difference between a defend who is found incompetent to stand trial and one who asserts an Insanity Defense. Whereas competency is relative to the defendant's state of mind at trial or during the criminal proceedings; insanity refers to his state of mind at the time of the alleged crime.

Continue reading "Weymouth Teen Arraigned in Quincy for Triple Murder" »

The Boston Globe reported that Canton Police arrested 2 brothers, one from Dorchester and the other from Quincy, with Massachusetts Theft Crimes Charges in connection with the robberies of at least 30 Dunkin Donuts across Massachusetts.

Canton Police arrested Peter Wallace, of Dorchester, and Wayne Wallace, of Quincy, were arraigned in Stoughton District Court on theft charges including Breaking & Entering in the Nighttime to Commit a Felony; Malicious Destruction of Property and Unlawful Possession of Burglarious Tools.

According to the Canton Police Department, the two brothers were arrested in Canton after officers reportedly responded to an alarm at a Dunkin' Donuts in Canton. The police alleged that responded officers allegedly observed the two brothers taking off their masks and then allegedly attempted to run away.

After chasing them onto I-93 and pulling their car over, Canton Police allege that the two men had evidence in their car, including a crowbar, sledgehammer and screwdriver.

Authorities believe that the Wallace brothers are responsible for at least 30 Dunkin' Donuts robberies, including those in Boston, Wellesley, Quincy and Braintree.

The Massachusetts Theft Crime of Breaking & Entering in the Nighttime is a felony punishable by up to 2.5 years in the House of Corrections or up to 20 years in state prison. In order to be convicted of Breaking & Entering in the Nighttime, the government has the burden of proving, beyond a reasonable doubt, that:

1. The defendant broke into a building;


2. The defendant entered that building;


3. With the intent to commit a felony; and


4. Which took place in the nighttime.

Continue reading "2 Brothers Charged in Stoughton with Robbing 30 Dunkin' Donuts in Massachusetts" »

A Massachusetts man was in court in Bourne this past week on Massachusetts Sex Crimes Charges, answering to allegations that he raped and attempted to murder a woman on Cape Cod.

James Pearson, 42, was arrested and charged with Rape and Attempted Murder.

According to the Bourne Police Department, Pearson and the unidentified woman were in an apartment and a neighbor reportedly heard an assault. The woman then reportedly ran to the neighbors apartment door and stated she had been thrown down and kicked in the head several times.

Bourne Police officers allege that James Pearson ran away and initiated a chase through the woods and along the Cape Cod Canal. At his arraignment on these charges, Pearson denied that he ever raped, let alone assaulted, the woman and that it was only an argument.

The Massachusetts Sex Crime of Rape is punishable in state prison for a term of up 20 years. A conviction for rape, however, also subjects the offender to Sex Offender Registration and possibly civil commitment as a 'sexually dangerous person'.

Following his arraignment in Bourne District Court on these sex crimes charges, Pearson was held without bail.

Continue reading "Massachusetts Man Charged with Rape and Attempted Murder" »

Adam Brisbois, 28, of Boston, was arrested at the South Station on Massachusetts Drug Crimes Charges yesterday after allegedly selling pills to undercover Boston Police officers.

Brisbois, who was reportedly living at the Occupy Boston camp in Dewey Square, allegedly sold clonodine pills to undercover Boston officers in a bathroom at the South Station bus terminal.

He was charged with Possession with Intent to Distribute Drugs and is scheduled to be arraigned in Boston Municipal Court this morning.

According to the Boston Police Department, there has been an increase in "drug activity" near the Occupy Boston / South Station area.

The Massachusetts Drug Crime of Possession with Intent to Distribute a Controlled Substance criminalizes the distribution and/or possession with intent to distribute a controlled substance and is punishable by imprisonment for up to 2.5 years in the House of Corrections or up to 10 years in state prison.

Continue reading "Protester at Occupy Boston Arrested on Drug Charges" »

A 26 year old Boston man was arrested this past weekend in Dorchester on Massachusetts Gun Crimes Charges for allegedly carrying a loaded AK-47 assault rifle and allegedly firing a shot into the ground.

Mohamed Ali Bile, of Dorchester, was arrested by Boston Police officers and charged with Unlawful Possession of a Firearm; Unlawful Possession of Ammunition; Carrying a Loaded Firearm; and Unlawful Possession of a Large Capacity Firearm.

According to the Suffolk County District Attorney's Office, Boston Police Officers responded to an area in Dorchester for a report of "a black man wearing a black hooded sweatshirt" who had allegedly fired a shot into the ground. Police officers who responded allegedly encountered Bile, who allegedly ran away from the police and jumped fences through several backyards.

Upon his arrest, Mohamed Ali Bile denied that he ever possessed any firearms and allegedly stated that he was running because he thought that someone was trying to shoot at him.

Despite what may appear, according to reports, to be an open and shut case for the government, the reality is that prosecutors will have an uphill proving to a jury that it was Bile who actually possessed weapon and it was he who actually fired the weapon. After all, it does not appear that any witness would be able to identity Bile as the person who possessed the gun; and the police officers never saw him possess/fire the weapon. If the only evidence of 'consciousness of guilt' is that he allegedly 'fled', then any valid reason presented to a jury might arguably persuade them that there is, in fact, reasonable doubt...

Continue reading "Boston Man Arrested on Weak Gun Charges" »

Two men have been charged in connection with the Boston Murders of Billie Kee and her boyfriend, Kevin Thomas, that occurred in Hyde Park in July.

Michael T. Corbin and Earl Fulgiam, are both expected to be arraigned on two First Degree Murder Charges as soon as today in the West Roxbury Division of the Boston Municipal Court.

According to the Boston Police Department, Billie Kee and Kevin Thomas were murdered inside their Hyde Park apartment this past July. Police had initially represented that witnesses had seen 4 people leave the apartment and that they had dropped guns as they ran away. They also additionally first said that they believed the murders were "drug involved", yet did not offer any specific details as to any potential motive.

At this time, it's unclear what exactly led police to focus their investigation on Michael T. Corbin and Earl Fulgiam. One might assume that fingerprints were recovered on the guns found at the scene, though it is actually very difficult to recover fingerprints off of firearms. In fact, in the majority of cases, the Boston Police Crime Lab Unit is unable to recover sufficient ridge detail so as to link any potential fingerprints to any one person.

Without identifiable fingerprints on the alleged murder weapon, then, it would arguably be difficult to establish the either one of these two men pulled the trigger, even if the government can establish that they were present in the apartment...particularly if witnesses reported seeing 4 men leaving...

Continue reading "Two Boston Men Face Murder Charges in Hyde Park Double Murder" »

A 14 year old Boston high school student was arrested this morning on Massachusetts Gun Crimes Charges after he allegedly brought a loaded handgun to West Roxbury High School.

The 9th grade student was charged in West Roxbury Juvenile Court this morning on charges including Unlawful Possession of a Firearm, Unlawful Possession of Ammunition and Unlawful Possession of a Loaded Firearm.

The Boston high school student was arrested at the West Roxbury Education Complex this morning by Boston School Police when he allegedly tried to avoid the metal detector when entering the school.

Following his arraignment on gun charges, the student was held without bail pending a Dangerousness Hearing.

The Massachusetts Gun Crime of Unlawful Possession of a Firearm is punishable with imprisonment for a minimum-mandatory sentence of not less than 18 months in the House of Corrections and up to 5 years in state prison.

In order to prove unlawful possession of a gun, the prosecutor would have to prove that the defendant possessed or had under his control a firearm. A "firearm" is defined in Massachusetts is a pistol or revolver, loaded or unloaded, from which a bullet can be discharged and which has a barrel length of less than 16 inches."

Continue reading "Boston High School Student Arrested for Gun at School" »

A 45 year old Stoughton woman was arraigned this morning in Brockton District Court on various Massachusetts Sex Crimes Charges for allegedly running prostitution services in Brockton, Norwood and Canton.

The woman was arraigned on the sex crime charge of Deriving Support from Prostitution.

According to the Plymouth County District Attorney's Office, the woman allegedly used three locations, Aria Day Spa in Brockton, Sparkle Day Spa in Canton and Spa Bellissimo in Norwood, as centers for conducting the purported sex crimes. It it alleged that the masseuses at these various locations were offering sex as part of the service.

The investigation was reportedly completed when an undercover Massachusetts State Trooper negotiated with the woman to have 12 women perform sex acts at a party. Prosecutors reported that the trooper provided the woman a cash down payment over the weekend.

The Massachusetts Sex Crime of Deriving Support from Prostitution is punishable by a minimum-mandatory jail sentence of not less than 2 years and up to 5 years in state prison.

Continue reading "Stoughton Woman Charged with Allegedly Running Prostitution Ring" »

A 19 year old Tewksbury man has been indicted by a Middlesex County Grand Jury on several Massachusetts Sex Crimes Charges after allegedly trying to blackmail the purported 15 year old victim with photographs he had taken.

Thomas Hutchinson has been indicted on Rape of a Child by Force; Assault with Intent to Rape; Attempted Extortion; Indecent Assault & Battery on a Child Over 14; and Unlawful Possession of Child Pornography.

According to the Middlesex County District Attorney's Office, Hutchinson allegedly met the 15 year old girl after an online encounter. Prior to meeting, the girl reportedly sent him photos of her in her bathing suit and eventually nude photographs.

According to police, Hutchinson then allegedly threatened to post the photos online if the girl didn't have sex with him and his friend; and also allegedly threatened to rape her if she refused to meet him or even called the police to report the incident.

Eventually, the indictment alleges that Hutchinson met the girl, got her into his car and allegedly forced her to perform sexual acts.

Despite the allegations, the substance of the charges against this man are that he raped a young girl. In assessing the strength and weaknesses of the prosecutions case, the defendant will most certainly need to examine any forensic evidence agains him, particularly whether a rape exam was conducted - which could tend to disprove whether there was any evidence of a forced sexual act.

The Massachusetts Sex Crime of Rape of a Child by Force is punishable in state prison for any term of years up to life. By definition, Rape of a Child by Force involves compelling a a child under 16 to perform a sexual act against her will.

As with most Massachusetts Sex Crimes, a conviction for this offense carries several collateral consequences aside from potential imprisonment, including Sex Offender Registration.

Continue reading "Massachusetts Man Indicted on Child Rape Charges Following Internet Meeting" »