According to the Boston Police Department, two men and one woman allegedly placed an order with Domino's Pizza and gave the address of the vacant house. Once Nova arrived to deliver the pizza, he was lured into the house where he was stabbed. The three suspects then drove off in his own car. The vehicle was found this past Thursday at a church parking lot on River Street in Hyde Park. Without disclosing what was found in the car, the Boston Police Department stated that a substantial amount of evidence was found in the vehicle.

The names of the suspects has not been released by the Boston Police Department, but all are expected to be arraigned for Murder, Armed Robbery and other related charges on Tuesday in the West Roxbury Division of the Boston Municipal Court.

The Everett Police Department alleges that the man entered the Everett Cooperative Bank, displayed a knife and robbed the bank of an undisclosed amount of case. The man fled but was cornered by several police officers in the backyard of a home on Tufts Avenue in Everett. When the police officers demanded that he drop the knife he refused, and instead lunged at one of the officers, at which time the officer shot him twice in the chest in Self-Defense.

Although he is expected to survive, he was taken to Massachusetts General Hospital where he was listed in critical but stable condition.

According to the Middlesex County District Attorney's Office, the man, whose name has not yet been released, will be charged with Armed Assault to Murder and Armed Robbery.

The victim, Edward Toney, was reported to be in stable condition after having been treated for multiple gunshot wounds at Boston Medical Center. Oliver allegedly shot Toney as a result of an argument over a woman.

Oliver was arraigned yesterday morning in the Dorchester Division of the Boston Municipal Court on charges including Armed Assault to Murder, Assault & Battery with a Dangerous Weapon, Unlawful Possession of a Firearm, Unlawful Possession of Ammunition, and Carrying a Loaded Firearm. After his arraignment, Oliver was held on $200,000 cash bail.

Armed Assault to Murder:
In Massachusetts, the crime of Armed Assault to Murder is defined as the unlawful assault against another person with a dangerous weapon, committed with the specific intent to cause the death of the person assaulted.

Gun Crimes in Massachusetts are extremely strict, and most gun or firearms related crimes impose minimum-mandatory jail or prison sentences:

The crime of Unlawful Possession of a Firearm, for example, carries a minimum-mandatory sentence of 18 months, with a maximum sentence of up to 5 years in state prison.

Additionally, the crime of Possession of a Loaded Firearm carries an additional penalty of up to 2.5 years in jail, but this sentence runs 'from and after' the imposition of the sentence for the underlying gun possession charge. This means, that in a worse case scenario, someone could be sentence to 5 years for Unlawful Possession of a Firearm, and then another 2.5 years for Possession of a Loaded Firearm and end up being sentenced to a total of 7.5 years!

Kurelko was allegedly driving eastbound on 213 in Methuen when he struck another car sometime around 9 p.m. That other car was occupied by two women, both of Chelmsford, which were flown to Beth Israel Medical Center in Boston with serious injuries.

Very few details surrounding the crash were released, but Massachusetts State Police did report that one of the vehicles rolled over and emergency personnel had to free one of the victims, who was trapped inside the car.

Kurelko was arraigned yesterday morning on Operating Under the Influence of Liquor (OUI), Negligent Operation of a Motor Vehicle, and Speeding.

OUI/DUI Drunk Driving in Massachusetts:
Criminal charges for drunk driving are taken very seriously in Massachusetts, and prosecuted very aggressively by every District Attorney's Office.

Although Drunk Driving charges are fairly common and one of those crimes often committed by persons with no prior criminal record or involvement with police, the consequences of an OUI/DUI conviction can be devastating. Not only do OUI/DUI charges carry a potential term of imprisonment, but they also carry significant penalties that may include license suspension, fines, probation, counseling, drug/alcohol treatment, and community service. Click here for Massachusetts Drunk Driving Penalties.

The strength of your OUI/DUI defense depends on a number of factors, but in most cases the prosecutors relies upon the police officer's observations of the means and manner you allegedly operated your vehicle. In drunk driving cases, the police will try to establish evidence that your ability to operate a motor vehicle was impaired to some degree by alcohol or drugs.

Additional factors in your OUI/DUI case may include whether you were involved in an accident; if there was evidence of alcohol consumption in the car, such as an open container; whether you submitted to a Breathalyzer or Refused the Breathalyzer; or how well or poorly you performed in any Field Sobriety Tests.

Rhoades was arraigned this morning in the Boston Municipal Court on Sex Crimes charges including Open and Gross Lewdness. He is alleged to have exposed himself to women on the Red Line on two separate days, August 16 and then against on August 17.

Zerchykov was also charged with Indecent Assault & Battery. He is accused of fondling a woman as she was getting off a Green Line train at Boston's Fenway station on June 13.

According to the MBTA Transit Police, this year alone, they have made 18 arrests for the crime of Indecent Assault & Battery; and 24 arrests for the crimes of Open and Gross Lewdness.

Indecent Assault & Battery:
The crime of Indecent Assault & Battery is essentially an Assault & Battery, but where the unlawful touching involves an 'indecent act.'

Massachusetts General Laws Chapter 265, Section 13H punishes the crime of Indecent Assault & Battery by imprisonment in the House of Corrections for up to 2.5 years, or to state prison for up to 5 years.

Indecent Assault & Battery, like most Sex Crimes, is an extremely serious allegations, and the penalties, beyond possible imprisonment, can be life altering. A conviction for this crime will most likely subject the offender to Sex Offender Registration; require him/her to submit a DNA sample to the state's DNA database to be compared to past and future unsolved crimes. A conviction for Indecent Assault & Battery could also result in a term of Community Parole Supervision for life to be imposed; and may also serve as a predicate sexual offense for civil commitment as a "sexually dangerous person."

Open & Gross Lewdness:
The crime of Open & Gross Lewdness is defined as the intentional, indecent and offensive exposure of one's genitals to another person.

Massachusetts General Laws Chapter 272, Section 16, punishes the crime of Open & Gross Lewdness with imprisonment in the House of Corrections for up to 2 years; or to State Prison for up to 3 years.

Although a first time offender will not be subject to Sex Offender Registration if conviction, a second or subsequent conviction for Open & Gross Lewdness will subject the offender to Sex Offender Registration.

Shortly after the Medford Police Department had sought a warrant for Christopher Toppi on the charge of Murder, Toppi turned himself in. He is being held at this time pending his arraignment in Somerville District Court for Murder.

The Massachusetts State Police and the Medford Police Departments, which are leading this investigation, have not released any details regarding the incident, other than to say that they did not believe it to be random; that Toppi and Fahy were known to each other; and that the death appears to have resulted from a confrontation.

At her Murder trial, Plymouth County prosecutors alleged that Barry attacked Goncalves with a cinder block as he sat in his bicycle in Brockton in 2002 and that she continued to beat and assault him with the brick until it shattered.

In reversing her Murder conviction, the Massachusetts Supreme Court concluded that the legal rules regarding a defendant claiming an Insanity Defense need to be changed. Prior to this decision, a defendant who voluntarily consumed alcohol could not then claim the Defendant of Lack of Responsibility, or more commonly known as the Insanity Defense.

At her trial, Barry's defense team called 5 mental health experts who testified that she was bipolar and likely also suffered from schizoaffective disorder, which sometimes leads to delusional thoughts. At one point, for example, Barry claimed that Osama bin Laden attacked the World Trade Center on her behalf.

In changing the status of the law, the Massachusetts Supreme Court concluded that the legal rules precluding a defending from claiming an Insanity Defense if he/she voluntarily consumes alcohol need to be changed. As a result of this decision, the Supreme Court contemplated the law to allow juries to consider whether a defendant's voluntary consumption of alcohol activates, intensifies or otherwise has any affect on the person's mental illness.

Insanity Defense or Lack of Criminal Responsibility:
Under the law in Massachusetts, a person is not guilty of a crime if he lacked the 'criminal responsibility' when he committed the crime. By definition, a person is lacking in criminal responsibility if he suffers from a mental disease or defect, and as a result, either he is substantially unable to appreciate the criminality or wrongfulness of his conduct, or he is substantially unable to conform his conduct to the requirements of the law.

When the Defense of Lack of Criminal Responsibility (Insanity Defense) is raised, the burden is not on the defendant to prove any lack of criminal responsibility. Rather, the prosecutor must then prove, beyond a reasonable doubt, that the defendant committed the offense charged and that he was sane when he did so.

If the prosecutor persuades the jury that the defendant committed the crime charged and did not have a mental disease or defect when he committed the crime, then the jury could find that the defendant was criminally responsible.

If, however, the jurors have a reasonable doubt whether the defendant had a mental disease or defect, then in order to find him criminal responsible, the prosecutor must prove that, despite any mental disease or defect, the defendant nevertheless possessed substantial capacity both to appreciate the criminality or wrongfulness of his conduct and was able to conform his conduct to the law.

Leading the investigation was the United States Immigration and Customs Enforcement ("ICE") which led all law enforcement agencies. Of the 47 persons arrested, 23 face deportation and 28 were reportedly reputed gang members belonging to various gangs, including the Bloods, Latin Kings, and MS-13.

Law enforcement officials made this announcement today as they proudly advertised that many of those apprehended had been involved in what they describe as "violent crimes", specifically Attempted Murder and Assault to Commit Rape. Notably, despite their having been labeled as gang members, none of the men apprehended were characterized as convicted felons, or having actually been convicted of the crimes of Attempted Murder and Assault to Commit Rape.

These 'sweeps' as they're often characterized, are becoming increasingly more common. Not only are law enforcement officials tending to engage in more sweeps to capture those known to have outstanding warrants, but I have seen an increase in the instances where ICE actively pursues persons for the purpose of initiating deportation proceedings.

Not too long ago, a non-U.S. Citizen almost never had to worry about being deported, even if convicted of a crime, unless he was held in custody. Immigration officials might often scan the custody list and issue detainers for those who were convicted of serious crimes. Recently, however, I have seen a dramatic increase in the instances where Immigration/ICE officials will actually appear at a person's arraignment in court and issue an Order of Detention before the person even has a chance to post bail.

Those who are not United States citizens and who have been charged with a crime should be particularly careful and cautious as to how their criminal case is resolved. In order to protect your rights and avoid any possibility of deportation as a result of a criminal conviction, it is particularly important to have an attorney who knows the possible immigration and deportation consequences a criminal conviction might have.

The Boston Police Department reported that Santos was arrested this afternoon and formally charged with Indecent Assault & Battery; Assault & Battery with a Dangerous Weapon, Assault by Means of a Dangerous Weapon, Armed Robbery, Unlawful Possession of a Firearm, and Possession with Intent to Distribute Class B Drugs.

Indecent Assault & Battery:
The crimes of Indecent Assault & Battery is really just an Assault & Battery but where the unlawful touching involves an 'indecent act.' According to Massachusetts law, an 'indecent act' is one that is offensive to contemporary standards of decency and most often involving the touching of part of the body considered private.

The crime of Indecent Assault & Battery is punishable by imprisonment for up to 2.5 years in the House of Corrections, or for up to 5 years in state prison.

Indecent Assault & Battery is an extremely serious criminal charge, as a conviction will render the defendant to Sex Offender Registration; require him/her to submit a DNA sample to the Massachusetts DNA Database to be compared with other crimes; could result in a term of Community Parole Supervision for life being imposed; and may also serve as a predicate sexual offense for civil commitment as aSexually Dangerous Person.'

DiMaria, who lived in New York, was in Boston visiting with old friends from college and the group went to a pub on Lansdowne Street to spend some time together.

According to the Suffolk County District Attorney's Office, prosecutors allege that a trivial argument broke out at the pub because one of the men in DiMaria's group accidentally brushed against Guardiola as he was going to the bathroom. An argument allegedly ensued and DiMaria's friend walked back to the table. At that point, Guardiola allegedly threw a beer mug, which shattered after hitting something and shards of sharp glass struck DiMaria, cutting his jugular vein.

Following his Arraignment on Manslaughter and Assault & Battery with a Dangerous Weapons Charges, Guadiola was held on $75,000 cash bail.

Manslaughter:
Both the crimes of Murder and Manslaughter require proof of an unlawful killing, but the killing may be Manslaughter if it occurred under mitigating circumstances, i.e., if there is no evidence of malice.

In Massachusetts, Manslaughter is defined as the intentional unlawful killing of another, and in order to be convicted of Manslaughter, the prosecutor must prove:

1. The defendant intentionally inflicted injuries likely to cause death upon the deceased that caused death; and


2. The defendant acted unlawfully.

According to sources from the Boston Police Department and the Suffolk County Sherriff's Department, Markoff was found alone in his cell with a plastic bag tied over his head. One other source also stated that Markoff had also cut one of his arteries.

Markoff charged with the April 2009 Murder of Julissa Brisman, whom he allegedly met at the Marriott Copley Hotel in Boston after locating her on a Craigslist ad. The Boston Police Department and Suffolk County Prosecutors alleged that Markoff struggled with her in the hotel room before shooting her 3 times in the chest.

Notably, Markoff was also charged with attacking 2 other women whom he also allegedly met through Craigslist. In those incidents, the women were not injured, but Markoff was also charged with Armed Robbery and Kidnapping.

At the time of his arrest, Markoff was a Boston University Medical Student who resided in Quincy. He was engaged at the time, and when police stopped him on I-95 in Walpole, he told police he was headed to Foxwoods with his fiancee, Megan McAllister, who was also in the car with him. Markoff was taken into custody that evening and arraigned the following day on Murder and Armed Robbery Charges.

The Murder allegations stemmed from an incident at Mike's Lounge in Brockton. The Plymouth County District Attorney alleged that Santiago called the victim a racial slur as he and his friends headed into the bar, saying they weren't allowed in the club. As the victim and his friends left the bar because one was underage, they passed Santiago again and he allegedly shot the victim in the chest. The Plymouth County District Attorney's Office alleged that Santiago went into the bar after the shooting because there was no other place to hide as the police were on their way.

Santiago, 35, was in custody since 2003. At his first trial in 2006, he was convicted of Murder, but the Massachusetts Supreme Judicial Court overturned the conviction and automatic life sentence and ordered a new trial. At this second trial, a jury consisting of 4 men and 8 women deliberated 8 hours and finally acquitted him this past Thursday.

After his first trial where a jury convicted him of Murder, Santiago appealed to the Massachusetts Supreme Court, claiming that the trial court committed error by denying his pre-trial Motion to Suppress Photographic Identifications. He also claimed additional errors by the trial judge, specifically, that the judge impermissibly refused his attorneys to show evidence pertaining to an inadequate police investigation.

Although the Massachusetts Supreme Court upheld the pre-trial order denying his Motion to Suppress Photographic Identifications, the Supreme Court did find error with regards to denying Santiago the opportunity to admit evidence concerning an inadequate police investigation.

Boston Criminal Lawyer Cautions Against Wrongful Convictions:
Despite having what is considered to be the premier judicial system in the world, our system of justice is not without its flaws. A wrongful conviction can occur in a number of way, the most common being Mistaken Identifications and police misconduct.

Since 1989, the Innocence Project has found that there have been 258 post-conviction DNA exonerations in the United States - 192 since the year 2000 alone. Most pointedly, 17 of the 258 exonerations have been people who were serving time on Death Row in various states.

According to statistics, 75% of DNA exonerations have involved mistaken eyewitness identifications. Of one of the least known mistaken identity cases involved United States President Abraham Lincoln who used the defense of mistaken identification to defend William "Duff" Armstrong in 1858. President Lincoln used a farmer's almanac to prove that a witness could not have seen Armstrong in the moonlight, as the position of the moon that night could not have provided sufficient illumination - his client was acquitted.
Case in point, in the picture above, witnesses mistakenly identified the men on the right and left as the person responsible for rapes. The actual perpetrator of the crime, however, was the man in the middle.

According to the Brockton Police Department and Plymouth County District Attorney's Office, Henderson arranged to meet a female escort he found through a Craigslist ad. After meeting at a predetermined location, which ended up being a vacant house, Henderson then allegedly showed a gun, asked the woman to strip, and bound her using zip-cuffs. Henderson then allegedly got into the woman's car and stole her money, purse, cellphone and laptop.

Henderson was arraigned in Brockton District Court on charges of Armed Robbery, Kidnapping and Witness Intimidation.

Armed Robbery:
The crime of Armed Robbery in Massachusetts is punishable to state prison for any term of years up to life. In order to be convicted of the crime of Armed Robbery, the prosecutor would have to prove:

1. That the defendant was armed with a dangerous weapon;


2. He either applied actual force and violence to the body of the victim, or put the victim in fear by threatening words or gestures;


3. He took the money other property with the intent to steal it; and


4. The property was taken from the person or immediate control of the victim.

According to Boston prosecutors, Carvalho allegedly approached Luis Raul Rodriguez on Central Avenue in Chelsea this past Tuesday and shot him in the chest multiple times. Currently in George, Carvalho will face rendition proceedings to bring him back to Massachusetts to be arraigned on Murder Charges in Chelsea District Court.

According to the Chelsea Police Department and the Suffolk County District Attorney's Office, no motive has been released to the public, but that the Murder does not appear to be a random act of violence.

Massachusetts Murder Charges:
In Massachusetts, Murder is defined as the unlawful killing of another with malice or in the commission or attempted commission of certain felonies. A breakdown of the various degrees includes:

• Murder committed with deliberate premeditation and malice is Murder in the First Degree;


• Murder committed with extreme atrocity or cruelty and with malice is Murder in the First Degree;


• Felony-Murder is the unlawful killing in the commission or attempted commission of a felony punishable by a maximum sentence of imprisonment for life is also Murder in the First Degree;


• Murder that does not fall into the above categories is Murder in the Second Degree. In other words, the question of whether murder falls into First or Second Degree Murder largely depends on whether the prosecutor is able to prove Malice, Extreme Atrocity or Cruelty, and/or the lack of any Mitigating Circumstances or Self-Defense.

The Boston Police Department and the Suffolk County District Attorney's Office allege that Silvelo-Mile adn Timothy Hearns (of Dorchester) went to the Bromley Heath Development in Roxbury for the specific purpose of shooting a rival gang member. As Silvelo-Miles waited in the car, Hearns is alleged to have gone to the steps of the development and began firing. Hearns allegedly fired two shots at Martin, one of which struck him in the chest; and then shooting at Martin's 15 year-old friend in the chest and arm.

Following the shooting, Silvelo-Miles allegedly bragged about his involvement in the shooting, and certain witnesses apparently came forward with that information to the Suffolk County District Attorney's Office. As a result, Boston Police Homicide Detectives interviewed Silvelo-Miles but he claimed an alibi, which the Boston Police reports was found to be false.

Suffolk County prosecutors in Boston allege that Silvelo-Miles and Hearns belonged to the gang H-Block from Roxbury. The H-Block gang reportedly has a long history of feuding with the Heath Street Gang, many of whose members are believed to be from the area around the Bromley Heath Development.