September 19, 2011

Boston Man Arrested in String of Dorchester Assaults on Women


Walter Mains, 31, was arrested by Boston Police Officers on Massachusetts Violence Crimes Charges in connection with three separate alleged assaults, all involving women.

Mains was arraigned this afternoon in the Boston Municipal Court on charges including Assault with a Dangerous Weapon; Accosting a Person of the Opposite Sex; Armed Robbery; Assault with Intent to Rape; and Indecent Assault and Battery.

According to Boston Police, Mains allegedly assaulted one woman with a gun; and in a separate incident, allegedly assaulted another woman, again with a gun and tried to rape her. Both assaults allegedly occurred in the Dorchester section of Boston.

Meanwhile, Boston Police are also reportedly a third incident they believe Mains was responsible for, again involving the alleged sexual assault of another woman.

Following his arraignment in the Boston Municipal Court, Walter Mains was held on $50,000 cash bail.

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September 16, 2011

Lowell Man Charged with Attempted Murder in Home Invasion


burns.jpgDaniel Burns, 26, was arraigned in Lowell District Court yesterday morning on several Massachusetts Crimes of Violence Charges in connection with allegedly attacking Brenda Finch Wednesday morning at her home.

Burns was charged with Attempted Murder, Armed Assault with Intent to Commit Murder, Assault & Battery with a Dangerous Weapon, and Breaking & Entering in the Daytime to Commit a Felony.

According to the Lowell Police Department, Daniel Burns allegedly broke into the Lowell home Brenda Finch after she returned from taking her 4 year old child to preschool. She described to police that she noticed one of the windows in her home was up and then began searching the home.

When she came upstairs, she reported that a man snuck up on her from behind. Lowell Police allege that Daniel Burns, the man allegedly inside the home, then his Brenda Finch with a pipe and tried to strangle her before leaving.

Daniel Burns was arrested at his home in Lowell, though there is no report as to how Burns was linked to the crime.

Assault with Intent to Murder or Kill is punishable by imprisonment for up to 10 years in state prison, though it is not necessarily an easy crime for the prosecution to prove because the jury must find that the defendant possessed a "specific or actual intent to cause the death of the person assaulted."

This means that there must be proof, beyond a reasonable doubt, that the defendant actually intended to cause the death of the person. Massachusetts criminal law defines "intent" as involving concentration or focusing the mind for some period of time with determination to commit the act and cause the death of the person.

Conversely, an intent merely to disable or scare off, for example, is not sufficient to sustain the conviction of someone for the crime of Assault with Intent to Murder or Kill; nor is it enough merely to intend to inflict serious bodily injury.

Following his arraignment on yesterday in Lowell District Court, Daniel Burns was held without bail pending a Dangerousness Hearing.

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September 14, 2011

Former Boston Red Sox Player Manny Ramirez Arrested for Assault & Battery


ramirez.jpgManny Ramirez, formerly outfielder for the Boston Red Sox, was arrested this morning at his home Florida home on Domestic Violence Charges agains his wife, Juliana Ramirez. He was expected to be arraigned this morning charges of Assault & Battery.

According to the police, Juliana Ramirez alleged that Manny Ramirez hit her with an open hand with enough force to cause her head to hit the headboard of the bed. Police also reported observing visible injuries on Ms. Ramirez' face, noting that it was red and swollen, and also had a bump on the back of her head.

The former Boston Red Sox player denied the allegations.

Assault & Battery in Massachusetts carries a potential penalty of up to 2.5 years in the House of Corrections. In order to be convicted of Assault & Battery, the prosecutor has the burden of proving, beyond a reasonable doubt, that the accused intentionally committed a touching, however slight; that the touching was harmful or offensive; and was committed without justification or excuse.

In many Domestic Violence Cases in Massachusetts, alleged victims of these crimes may also seek to obtain Restraining Orders against the person they claim assaulted them. Restraining Orders are often issued by a judge in the Massachusetts District Courts or the Family Court.

With regard to the issuance of an Emergency Restraining Order, the standard is relatively low, and in many cases, is too easily issued upon the application of the person seeking it. Once an emergency Restraining Order is issued, the defendant would be served but would then be afforded a hearing in order to contest the order, typically 14-15 days following its issuance.

Once a Restraining Order is issued, there could also be many collateral consequences. For example, the order prohibit the person from returning to his/her home; from seeing his/her children; or even include an order to pay temporary child support.

Additionally, if a person violated the terms of a Restraining Order, he/she could also be charged with the additional crime of Violation of Abuse Prevention Order, which carries a penalty of up to 2.5 years in the House of Corrections.

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September 13, 2011

Beverly Woman Charged with Boston Arson and Attempted Murder


Syretta Copeland, 31, was arraigned this morning in Salem District Court for Assault & Battery on a Police Officer, and is also being held in connection with Arson and Attempted Murder Charges arising out of a Dorchester fire last weekend.

According to Beverly Police, Syretta Copeland was arrested at her apartment on an outstanding Boston Police Warrant. Once at the police station, the Essex County District Attorney's Office alleges that she allegedly became combative during the booking process when she was asked to remove her jewelry. According to police, she allegedly clawed at the officer's face. Syretta Copeland, however, maintains that she only acted in self-defense as a result of the excessive force used against her by the police.

Meanwhile, Boston Police allege that Syretta Copeland allegedly set the fire to a home on Devon Street in Dorchester, which then spread to another home. Suffolk County prosecutors expect Ms. Copeland to be brought into Dorchester District Court at some point to be formally arraigned on Arson and Attempted Murder Charges.

The Massachusetts Crime of Arson is defined as the willful and malicious burning of a building or dwelling, and is punishable by up to 20 years in state prison.

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September 10, 2011

Roxbury Teen Charged with Shooting at Boston Police Officers


shooting.jpgTyre Wade, 19, was arrested this past week and charged with Massachusetts Gun Crimes Charges for allegedly carrying and shooting at Boston Police Officers. He was charged with Assault & Battery with a Dangerous Weapon, Unlawful Possession of a Firearm, and Unlawful Possession of Ammunition.

According to the Boston Police Department, officers were in Roxbury this past week looking for what they described as "gang members known to have outstanding warrants." At a residence on Slayton Way, police came across several individuals, who allegedly fled upon the arrival of police officers.

One of the men, Tyre Wade, allegedly reached into his waist and pulled out a gun, which then discharged. He was eventually taken in custody and was subsequently arraigned in the Roxbury Division of the Boston Municipal Court on Gun Charges.

What is unclear is whether Tyre Wade was one of the men believed to have an outstanding default warrant. If not, then Tyre Wade may have have a viable defense in his case in challenging his Search & Seizure.

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September 8, 2011

Saugus Man Charged with Massachusetts Child Rape Charges


Sergio Donatelli, 37, of Woburn, was arrested by Saugus Police on Massachusetts Sex Crimes charges involving allegations of the rape of a child. He has been charged with Rape of a Child, Distribution of Child Pornography, and Indecent Assault & Battery on a Child Over 14.

The crime of Rape of a Child involves the forced sexual intercourse with a child under 16, which is punishable with imprisonment to state prison for any term of years, up to life.

As with most Massachusetts Sex Crimes, a conviction for this sex offense would require the person to become subject to Sex Offender Registration; submit his/her DNA to the state database, and could even subject the person to a term of parole supervision for life.

Because of the tremendously severe consequences involved, it is critical that anyone charged with a Sex Crime in Massachusetts consult with a competent sex crimes lawyer. Boston Criminal Lawyer Lefteris K. Travayiakis is available 24/7 for consultation.

Click Here to Contact a Massachusetts Sex Crimes Lawyer or call 617-325-9500.

September 7, 2011

Two Boston Men Charged with Intimidating Witness in South End Murder


Derrick Hunt, 21 of Roxbury, and Jose Maysonet, 19, of Boston, were both arraigned this morning in Boston Municipal Court on charges of Intimidation of a Witness in connection with the Murder of Alex Sierra, 18.

Sierra was shot this past weekend in Boston's South End, allegedly by Ricardo Arias. According to the Suffolk County District Attorney's Office, Hunt and Maysonet, friends of Arias, allegedly threatened a witness prior to Arias' arraignment.

In Massachusetts, the crime of Intimidation of a Witness is defined as the attempt to influence or intimidate a witness or to interfere with a criminal investigation. The potential penalty upon conviction for this crime is for any term up to 2.5 years in the House of Corrections; or up to 10 years in state prison.

Intimidation of a Witness was specifically passed to encompass a wide variety of acts that may be interpreted to influence any stage of a criminal proceeding. In recent years, for example, the Massachusetts Supreme Judicial Court has defined intimidation as included even pointing a cell phone camera at a witness waiting to testify.

In recent years, prosecutors are more frequently using this statute to charge persons with Intimidation of a Witness if they are interviewed and either lie or mislead police in their criminal investigation.

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September 5, 2011

Mother and 2 Children Murdered in Lawrence


Lawrence Police have arrested Jose Luis Tejada, 40, on Massachusetts Murder Charges following the discovery of a triple murder this morning.

According to Lawrence Police, Tejada allegedly shot and killed his girlfriend, Milka Rivera, 39, and her two children, Sachary Montanez, 19, and Max Montanez, 16. The bodies were discovered this morning, all in one of the children's' bedrooms, after Jose Luis Tejada allegedly approached someone outside the home and stated that he had killed someone.

The witness in turn called the police and Tejada was arrested. Police also reportedly seized a weapon believed to be used the murders outside the home. At this time, Lawrence Police have not revealed any alleged motive for the killings, yet mentioned that they were not aware of any incidents involving the family in the past.

Jose Luis Tejada is scheduled to be arraigned in Lawrence District Court on Murder Charges tomorrow.

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September 3, 2011

Former Boston Celtic Arrested for Disorderly Conduct


perkins.jpgKendrick Perkins, former center for the Boston Celtics, was arrested early this morning in his hometown of Texas on Disorderly Conduct charges.

According to police, officers responded to a club where a large group of men was reported to be rowdy. Although the group of men that were with Perkins reportedly tried to calm him, he became angry and allegedly tried to start a fight.

In Massachusetts, the crime of Disorderly Conduct is punishable with a fine of up to $150 for a first time offender; and up to 6 months in jail for a subsequent offense. The law prohibiting Disorderly Conduct is intended to control that conduct which disturbs the public tranquility or is aimed to alarm or provoke others. Specifically, Disorderly Conduct prohibits the following acts or conduct:

  1. The use of force or violence;

  2. Threats involving the immediate use of force or violence;

  3. Tumultuous behavior that may cause a riotous commotion and excessively unreasonable noise so as to cause a public nuisance; and

  4. Any conduct creating a hazard to public safety or a physically offensive condition by an act that serves no legitimate purpose.

Boston Criminal Lawyer Lefteris K. Travayiakis is available 24/7 for representation against all Massachusetts Misdemeanor and Major Felony Charges.

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

Attorney Lefteris K. Travayiakis may also be reached at lefteris@travayiakis.com.

September 2, 2011

Arlington Man Arrested on Drug Charges After 111 Marijuana Plants Found in Home


Arlington pot bust.jpgJonathan M. Pore, of Arlington, was arrested on Massachusetts Drug Charges after Arlington Police found 111 marijuana plants in his home this week. Pore was arraigned this morning in Cambridge District Court and charged with Possession with Intent to Distribute a Controlled Substance.

According to the Cambridge Police Department and the Middlesex County District Attorney's Office, the apartment allegedly belonging to Pore was searched yesterday and allegedly found to contain 111 marijuana plants, about 46 pounds, with a reported street value of over $120,000. Police also allegedly seized $6,300 and 3 scales.

It's unclear whether Jonathan Pore was present when the apartment was searched; whether there were any other occupants present and/or if anyone else resides in the home; nor what led police to focus a drug investigation on Pore and/or the apartment.

Boston Criminal Lawyer Lefteris K. Travayiakis has extensive experience in defending persons charged with Massachusetts Drug Crimes, and is available 24/7 for consultation.

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

Attorney Lefteris K. Travayiakis may also be reached at lefteris@travayiakis.com.

September 1, 2011

Boston Man Arrested for Murder for Hire Plot to Kill Assistant District Attorney


Pernell Powell, 73, of Boston, was arrested for allegedly plotting to kill a Worcester Assistant District Attorney.

According to federal prosecutors in Boston, Pernell Powell allegedly tried to hire his cellmate and offered him $4,000 to Murder the Worcester County ADA who was prosecuting his case because he was seeking a 4-6 year state prison sentence on his Massachusetts DUI Charges, Operating Under the Influence of Alcohol, 5th or Subsequent Offense.

Presumably, the cellmate then relayed the offer to authorities, who then arrested Pernell Powell following an investigation into the allegations. He is expected to be charged and prosecuted in Boston's federal court.

Boston Criminal Lawyer Lefteris K. Travayiakis is availalble 24/7 for consultation on all Massachusetts Felony Charges, including Murder.

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

Attorney Lefteris K. Travayiakis may also be reached at lefteris@travayiakis.com.

August 19, 2011

Massachusetts Judges May Not Impose GPS Monitoring Without Justification


gps.jpegIn a recent case, the Massachusetts Supreme Judicial Court decided that GPS monitoring or similar devices may not be added to a probationer as an additional condition of probation without a violation of probation where there is no material change to the defendant's circumstances.

In the Massachusetts court, probation is a legal resolution of a case that allows the defendant to be released, without incarceration, on the condition that he complies with certain conditions imposed by the sentencing judge. If, however, the defendant violates any of those conditions of probation, a judge may then revoke his probation and commit that person for up to the maximum sentence on the charge for which he was placed on probation.

Where, however, the defendant on probation has complied with his conditions of probation, a judge is then limited with modifying the terms and conditions of the persons probation [without a violation].

With regard to GPS monitoring that was not originally imposed, without a "material change" in the defendants circumstances such cannot be then imposed, as doing so would be "so punitive as to significantly increase the severity of the original probation."

In other words, even where there is no violation of probation, the defendant's conditions may be modified, but the modification may not be 'drastic' or 'severe' and must be in accordance with the underlying terms that were originally imposed and "consistent with the underlying basis for the modification".

Additionally, specifically with regard to GPS monitoring, the Massachusetts Supreme Judicial Court has acknowledged that GPS monitoring and creating 'exclusion zone' restricting the defendant from entering severely on a person's liberty so significantly that it may only be imposed after a finding of a violation of probation.

Boston Criminal Lawyer Lefteris K. Travayiakis is available 24/7 for consultation on all Massachusetts Major Felony Crimes.

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

Attorney Lefteris K. Travayiakis may also be reached at lefteris@travayiakis.com.

August 17, 2011

Proposed Bill Would Require Massachusetts to Register Online Screen Names


A recent effort from Massachusetts state legislators and District Attorney's Offices would put into law a bill that would require sex offenders to register their online names, including e-mail addresses, as well as their accounts on Twitter, Facebook and the like.

The proposed bill would apply to Level 3 Massachusetts Sex Offenders and is being anticipated to being heard later this month. Under the proposal, a failure to register online aliases would be a criminal offense, subjecting the offender to jail time.

The reasoning behind the proposal, according to those sponsoring the bill, is to provide law enforcement with another method of policing those sex offender deemed most 'dangerous' and likely to offend by the Massachusetts Sex Offender Registry Board.

Currently, Level 3 Sex Offenders must register with their local police department and the Massachusetts Sex Offender Registry Board annually. The registration includes the person disclosing his/her address; work address; if in school, the name of the school; and he/she is photographed and fingerprinted. By law, police districts across the state must share the registration information of all Level 3 Sex Offenders residing or working in their community.

The proposed law does have some precedent, although does not appear to go as far as laws in some other states, which actually prohibit and make it illegal for sex offenders to even have any social networking accounts at all.

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August 15, 2011

Massachusetts Sex Offenders Get Favorable Court Ruling


The Massachusetts Supreme Judicial Court recently decided the case of John Doe vs. Police Commissioner of Boston, ruling on the issue of whether a 2006 state law barring sex offenders from living in nursing homes or similar long term care facilities was constitutional. The Court ruled that it was not.

By way of background, the 2006 law passed by the Massachusetts state legislature barred Level 3 Sex Offenders from living in nursing homes, infirmaries or other homes for the elderly or developmentally disabled. Sex offenders who lived in such facilities in violation of the law were then punished with imprisonment, ranging from 30 days up to 5 years for subsequent violations.

In this case, "John Doe" had been previously convicted of Massachusetts Sex Crimes, and the Sex Offender Registry Board argued that, even at his age of 65, his criminal history and suggested a "high risk of re-offense and high degree of danger."

In the case of John Doe vs. Police Commissioner of Boston, the plaintiff in that case was a Level 3 Sex Offender who, had he been deprived the opportunity to reside in a nursing home or similar facility, would have ended up homeless.

In declaring this law unconstitutional, the Massachusetts Supreme Court reasoned that the law "presumes that all members of a class of sex offenders are dangerous to every community of rest home residents...[and] affords no opportunity for [the sex offender] to demonstrate that he represents no or a minimal danger to the community the law is intended to protect and makes no provision for the necessary balancing of the plaintiffs interest in protecting vulnerable elders from sexual assault."

Now, the Massachusetts Supreme Court has ruled, sex offenders should be provided a hearing to rebut the presumption that he/she poses no or minimal risk to the community; and if denied the opportunity to reside in such a permanent facility, whether the person will likely become homeless and expose himself to harm.

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August 11, 2011

Brighton Man Arrested for Murder After Standoff with Boston Police


brighton shooting.jpgRandy Moore, 54, was arraigned this morning in Brighton District Court on Massachusetts Murder Charges following the shooting of his 76 year old neighbor and standoff with Boston Police. Moore was charged with First Degree Murder and Armed Assault with Intent to Murder.

According to the Suffolk County District Attorney's Office, Randy Moore allegedly shot his 76 year old neighbor at 10:30 yesterday morning at the John J. Carroll Housing Development in Brighton where the two men lived. When Boston Police responded to the scene, Moore had reportedly barricaded himself in the building. He eventually surrendered, but not before allegedly also firing shots at responding Boston Police Officers and EMT's who were on scene.

At this time, Boston Police have not revealed any apparent motive for the shooting, and are unclear if Randy Moore even knew the victim.

According to the Boston Housing Authority which oversees the John J. Carroll Housing Development, Randy Moore had reportedly been diagnosed as a schizophrenic and had lived in the housing under as a disabled resident for several years. Boston Police also reported that, notwithstanding any mental health issues Moore may have suffered from, that he was legally licensed to possess firearms.

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