December 23, 2011

Massachusetts State Trooper Arrested for Soliciting Prostitute


A Massachusetts State Police trooper was arraigned in Lynn District Court last week on Massachusetts Sex Crimes Charges for allegedly soliciting a prostitute in Lynn.

The trooper, who is reportedly a 27 year veteran with the Massachusetts State Police, was arraigned in Lynn District Court on charges including Sexual Conduct for a Fee, Failure to Stop for Police and Assault with a Dangerous Weapon.

According to the Lynn Police Department, the trooper was reportedly observed by Lynn Police who were conducted surveillance operations on prostitution in Lynn when they allegedly observed him and the woman inside his pickup truck.

The Essex County District Attorney's Office alleges that, when officers approached the trooper's truck, he put the truck in reverse and almost struck one of the officers.

The Massachusetts State Police Trooper, who was reportedly off-duty at the time of the alleged incident, has been suspended without pay indefinitely.

The Massachusetts Sex Crime of Sexual Conduct for a Fee involves the act of engaging or offering to engage in sexual conduct for a fee, and is punishable by imprisonment to the House of Corrections for up to 1 year.

By definition, 'sexual conduct' in Massachusetts may include intercourse, oral sex or any intrusion for someone's body into the genital or anal area of another person's body.

Continue reading "Massachusetts State Trooper Arrested for Soliciting Prostitute" »

December 14, 2011

Boston University Hockey Star Charged with Sexual Assault


trivino.jpgA hockey star from Boston University was arrested this past weekend on Massachusetts Sex Crimes Charges for allegedly sexually assaulting a female BU student.

Corey Trivino, who has already been drafted by the New York Islanders in the 2008 NHL Draft, was arraigned in the Brighton Division of the Boston Municipal Court on Monday on sexual assault charges including Assault with Intent to Commit Rape; 3 counts of Indecent Assault & Battery; and 2 counts of Breaking and Entering in the Nighttime.

According to the Boston University Police Department, Corey Trivino allegedly pushed his way into the room of a female BU student and groped her. BU police allege that Trivino was intoxicated at the time.

The Massachusetts Sex Crime of Assault with Intent to Commit Rape is an extremely serious felony charge that carries a sentence to state prison for any term of years up to life.

In order to prove the crime of Assault with Intent to Commit Rape, the government would have to show that the defendant assaulted the person with the specific intent to engage in sexual intercourse without their consent. Because the prosecutor would have to prove "intent" beyond a reasonable doubt, it is not necessarily an easy charge to prove unless the facts truly illustrate such a circumstance.

By contrast, the Massachusetts Sex Crime of Indecent Assault & Battery a touching that is done without the person's consent and where the touching involves an 'indecent act'. An 'indecent act' is defined as one that is offensive and most typically involves the touching of the private portions of the other person's anatomy.

A conviction for either crime of Assault with Intent to Rape or Indecent Assault & Battery, as with most Massachusetts sex crimes, would require the person to become subject to Sex Offender Registration.

Given the severe penalties involves in sexual assault charges, anyone charges with such crimes should Contact a Massachusetts Sex Crimes Lawyer.

Continue reading "Boston University Hockey Star Charged with Sexual Assault" »

December 12, 2011

Harvard Grad Student Charged with Massachusetts Sex Crime


A graduate student from Harvard University was charged with Massachusetts Sex Crimes for allegedly sexually assault a woman on an MBTA train.

The Harvard graduate student is reportedly scheduled to be arraigned this morning in Cambridge District Court on one charge of Indecent Assault & Battery.

According to the MBTA Police, the man allegedly assaulted a woman on the red line train at near Kendall Sqaure on November 28. He later allegedly got off the train in Boston at Park Street.

The man was reportedly arrested last Friday after he was identified following a surveillance photo from the MBTA was posted in stations and on the internet.

The Massachusetts Sex Crime of Indecent Assault & Battery involves an 'indecent touching' without the person's consent. A conviction for this sex crime is punishable by imprisonment for up to 2.5 years in the House of Corrections or up to 5 years in state prison.

In addition, a conviction for the sex crime of Indecent Assault & Battery renders the person subject to Sex Offender Registration; as well as requiring him/her to submit a DNA sample to the state's database.

Contact a Massachusetts Sex Crimes Lawyer.

Continue reading "Harvard Grad Student Charged with Massachusetts Sex Crime" »

December 9, 2011

Man Arraigned for Sexual Assault and Murder of Boston Woman


A man has been charged with Massachusetts Murder and Sexual Assault Charges in connection with the murder of Rosanna Camilo, whose naked was discovered in her Mattapan apartment two weeks ago.

Eldrick D. Broom, 27, of Boston, was arraigned this morning in the Dorchester Division of the Boston Municipal Court with 1st Degree Murder and Sex Crimes Charges.

The Suffolk County District Attorney's Office alleges that Brook, who once lived across the hall from Rosanna Camilo, had access to her apartment through one of her former roommates and attacked her two weeks ago. Following the alleged attack and sexual assault, he then allegedly strangled her to death. Her body was reportedly discovered with a cord around her neck.

Rosanna Camilo's half-naked body was discovered by her 16 year old daughter when she came home - and her infant 17 month old son was still in his crib.

Broom was arrested this morning in Roxbury after Boston Police allegedly linked his DNA to the crime scene.

Continue reading "Man Arraigned for Sexual Assault and Murder of Boston Woman" »

December 7, 2011

3 Boston Men Arrested for Armed Robbery in Newton


Newton Police have arrested three Boston men on Massachusetts Violent Crimes Charges in connection with the alleged robbery of a man and woman in Newton Centre last week.

Enemias Eliseo Ardon Valdez, 26, and Juan Francisco Rodenzo, 33, both of Allston, along with Marlon Rodenzo, 20, of Jamaica Plain, were all charged with Armed Robbery and Assault & Battery.

According to the Middlesex County District Attorney's Office, Newton Police officers were called to Cafe St. Petersburg in Newton Centre last Friday for a report that a man had been robbed at gunpoint. Newton Police allegedly located the three Boston men behind a liquor store on Beacon Street who allegedly matched the description.

All three men were arraigned in Newton District Court this week on Armed Robbery Charges, and were all held without bail pending a Dangerousness Hearing.

Armed Robbery in Massachusetts is punishable by imprisonment for any term of years up to life. In order to be convicted of armed robbery, the Commonwealth is required to prove, beyond a reasonable doubt, that the person:

  1. Was armed with a dangerous weapon;

  2. Applied actual force and violence to the victim or otherwise put him in fear by threatening words or conduct; and

  3. Took money or other property with the intent to steal it.
Boston Criminal Lawyer Lefteris K. Travayiakis has experience in defending persons charged with Massachusetts Crimes of Violence Charges, including Armed Robbery, and is available 24/7 for consultation.

To schedule a Free Consultation, Click Here to Contact a Massachusetts Criminal Lawyer or call 617-325-9500.

December 6, 2011

Former Red Sox Manager Accused of Sexual Assault, Again


A former Boston Red Sox clubhouse manager, Donald Fitzpatrick, is again the subject of Massachusetts Sex Crimes allegations, this time involving two former Boston Red Sox clubhouse attendants, who claim they were sexually assaulted by him in the early 1990's.

One of the victims alleges he was sexually assaulted in 1991 in the Boston Red Sox clubhouse restroom; and the other victim alleges he was assaulted by Fitzpatrick when he was employed by the team as a clubhouse attendant.

Although Donald Fitzpatrick had passed away in 2005, the victims are still seeking compensation from the Boston Red Sox organization because he was employed by the team and the alleged assaults occurred on the team's property.

It has also been reported that 8 former clubhouse attendants had accused Fitzpatrick of sexual abuse. Notably, the Red Sox settled a lawsuit in 2003 with 7 other men who alleged that they were molested during spring training sessions in the 1970's. In that case, the Boston Red Sox settled for $3.15 million. Additionally, in 2002, Donald Fitzpatrick also reportedly pled guilty to Sex Crimes Charges.

Continue reading "Former Red Sox Manager Accused of Sexual Assault, Again" »

December 4, 2011

Boston Police Arrest Man Wanted for Nightclub Shooting


thumbnail.aspx.jpegThe Boston Police Department announced this weekend that they have arrested a man wanted on Massachusetts Violence Crimes Charges in connection with the shooting of 4 men outside a Boston nightclub on November 18, 2011.

Samuel Higginbottom, 23, fo Boston, was arrested this past Friday relative to this shooting, and is expected to be charged with 4 counts of Assault with Intent to Murder.

According to Boston Police, 4 men were shot outside the Venu club on Warrenton Street. All 4 men reportedly suffered non-life threatening injuries.

The Massachusetts crime of Assault with Intent to Murder is punishable by imprisonment to state prison for up to 10 years. Assault with Intent to Murder as an assault against another person with the specific or actual intent to cause the death of that person.

In many cases, prosecutors may actually avoid charging someone with this crime because it is not typically an 'easy' crime to prove. The crux of Assault with Intent to Murder is to prove a specific or actual intent to cause the death of another, and sometime the circumstances of a particular case do not necessarily reflect that intent.

In addition, an intent to even disable or ever scare off the person is not sufficient intent for the crime of Assault with Intent to Murder, not even an intent to inflict serious bodily harm.

In cases where prosecutors may be concerned about losing an Assault with Intent to Murder Charge, they might alternatively charge them with Assault & Battery with a Dangerous Weapon.

Every person charged with a crime is presumed innocent until proven guilty, and should Contact a Criminal Defense Lawyer so his/her rights can be explained and properly preserved.

Continue reading "Boston Police Arrest Man Wanted for Nightclub Shooting" »

December 4, 2011

Occupy Boston Protester Arrested for Assault and Armed Robbery Charges


One of the Occupy Boston protesters was before a Boston Municipal Court Judge on Friday facing Massachusetts Crimes of Violence Charges.

Gary Williams, 24, of Quincy, was arrested on Thursday night when activists of Occupy Boston allegedly surrounded a Boston Police wagon and refused to let it move. The incident reportedly occurred when police officers confiscated a kitchen sink that protesters were trying to bring to the Dewey Square location where protesters have been camping out for months.

Williams was arrested and charged with Assault & Battery on a Police Officer.

At his arraignment in Boston Municipal Court, Suffolk County prosecutors also revealed that Gary Williams also had a pending criminal case out of Framingham District Court that charges him with Armed Robbery.

In that Framingham case, Middlesex County prosecutors allege that Williams robbed a man of $250 when that man tried to meet a woman at a hotel for sex. Krystal Cannizaro, of Quincy and Howard A. John, of Somerville, were also arrested and charged with Massachusetts Sex Crimes.

Continue reading "Occupy Boston Protester Arrested for Assault and Armed Robbery Charges" »

December 2, 2011

Boston 1st Grader Investigated for Sexual Assault???


thumbnail.aspx.jpegA Boston Public Schools spokesperson confirmed to reporters that a Boston elementary school 1st grader is being investigated for an alleged sexual assault, apparently because the boy punched another boy in the groin.

Really? ...you've got to be kidding me!

According to the child's mother, the other boy allegedly choked her son, and her son then in self-defense, then punched the boy in the groin. The mother of the child is apparently very concerned over the 'investigation', and countered that if that is the case, then the other boy should then also be investigated for Attempted Murder for choking her son.

It seems unbelievable that Boston Public School officials and/or the police are actually serious about possibly disciplining the child for the incident. What would be even more unbelievable is if school officials even go one step further and consider charging the child with a sexual assault.

One may wonder, what type of sexual assault charges might they be considering levying against the child? Perhaps Indecent Assault & Battery on a Child Under 14, a crime which could carry potential Registration as a Sex Offender?

I think most people would agree that, sometimes, kids will be kids, and school officials should be more concerned with trying to teach them right from wrong, instead of being so quick with subjecting children so young to school disciplinary, let alone criminal, liability.

Continue reading "Boston 1st Grader Investigated for Sexual Assault???" »

December 1, 2011

Cambridge Woman Charged with Murdering Father


A 29 year old Cambridge woman was formally charged with Murder in connection with the death of her father, Guy Verna, 62, also of Cambridge.

Gylene Verna was initially charges with Assault & Battery with the November 20th incident that involved her father, Guy Verna, who was later pronounced dead at Cambridge City Hospital.

This past week, Gylene Verna was arraigned in Cambridge District Court, charged with First Degree Murder.

The Middlesex County District Attorney's Office alleges that Gylene Verna and her father had an argument that became physical when he struck her. Cambridge Police say that Gylene Verna then allegedly squeezed his neck.

The Massachusetts Chief Medical Examiner's Officer reportedly determined the cause of death to be asphyxiation by manual strangulation.

If the evidence demonstrates that Gylene was first attacked, then she may very well have a Defense of Self-Defense.

Under Massachusetts law, a person may use reasonable force to defend himself from physical attack. At trial, once the defendant has raised the defense of self-defense, it is then the prosecution's burden to prove, beyond a reasonable doubt, that the defendant did not act in self-defense.

However, even where a person is entitled to use self-defense, the person may not use any more force than is reasonably necessary in all of the circumstances to defend himself. The question the jury will have to face in this case if self-defense is raise, is whether Gylene's actions in defending herself were reasonable.

Continue reading "Cambridge Woman Charged with Murdering Father" »

November 30, 2011

2 Massachusetts Men Arrested for Robbery for Purse Snatching


thumbnail.aspx.jpegTwo men, one from Boston and the other from Stoughton, were arrested this past Saturday on Massachusetts Theft Crimes and Violent Crimes Charges in an alleged purse snatching incident.

Nathaniel Webster, 32, of Boston, and Tameika Dunbar, 29, of Stoughton, were both charged with Unarmed Robbery, Resisting Arrest and Assault & Battery.

According to the Boston Police Department, Webster and Dunbar allegedly came behind two woman in Mattapan, hit them and stole one of their purses. The pair was reportedly arrested after their car was pulled over nearby by responding police officers.

The Massachusetts Theft Crime of Unarmed Robbery makes criminal the act of one, who is not armed with a dangerous weapon, by who by force or violence robs or steals the property or money of another person. The potential penalty for Unarmed Robbery in Massachusetts is imprisonment for any term of years up to life.

In my practice, allegations of Armed Robbery and Unarmed Robbery in circumstances involving purse snatching are more and more common. In the past, persons charged with these crimes often had their charges reduced to Larceny from the Person and the cases usually remained in the district courts.

In the past year or so, as purse snatching are more common and apparently increasing in violence, prosecutors are taking a closer look at these cases and appear to be indicting more of them to Superior Court, where the penalties are much stiffer.

Continue reading "2 Massachusetts Men Arrested for Robbery for Purse Snatching" »

November 29, 2011

3 Men Arrested in Boston Home Invasion in Dorchester


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" »

November 28, 2011

Plane Lands in Boston, Professor Arrested for Child Pornography


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" »

November 25, 2011

2 Teens Charged in Shooting of Woburn Police Officer


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" »

November 24, 2011

Drug Counselor Charged in Cambridge with Court Cost Scam


skinner.jpgA 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" »