Boston Criminal Lawyers Blog

The Boston Police Department reported this morning that they have arrested 3 persons in connection with the Murder of Richel Nova, 58, of Hyde Park, who was shot while delivering pizza to a vacant house on Hyde Park Avenue.

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.

Continue reading "Boston Police Arrest 3 in Murder of Hyde Park Delivery Driver" »

According to the Medford Police Department, Christopher Toppi, 28, of Cambridge, Massachusetts, turned himself into police last night in connection with an apparent homicide in Medford. The victim, Brian Fahy, of Weymouth, was pronounced dead at the scene.

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.

Continue reading "Cambridge Man Turns Himself In to Answer Medford Murder Charges" »

Sheila Barry, of Brockton, Massachusetts, was convicted in 2006 in Plymouth Superior Court for the Murder of Admilson Goncalves. Today, the Massachusetts Supreme Judicial Court reversed her conviction, citing she was mentally ill when she committed the assault.

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.

Continue reading "Brockton Woman Gets Murder Conviction Reversed by Massachusetts Supreme Court" »

Phillip Markoff, dubbed the "Craigslist Killer" by the media who was held without bail pending his Murder trial, was found dead at the Suffolk County Jail on Nashua Street yesterday morning from what appears to have been a suicide.

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.

Continue reading "Phillip Markoff, Alleged Craigslist Killer, Found Dead from Apparent Suicide in Jail Cell" »

After 7 years, Jesus Silva Santiago walked out of court a free man, a second jury acquitting him of Murder in connection with the shooting death of Eugene Monteiro, 25, of Boston, Massachusetts.

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.

Continue reading "Brockton Man Acquitted of Murder after Massachusetts Supreme Court Overturns First Murder Conviction" »

Jonathan Carvalho, 20, of East Boston, Massachusetts, was arrested in a warrant in Georgia for the Murder of a Chelsea man this past Tuesday.

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.

Continue reading "East Boston Man Arrested for Chelsea Murder" »

Ramon Silvelo-Miles, 20, of Lynn, Massachusetts, was arraigned in the Roxbury Division of the Boston Municipal Court yesterday as the second person charged for the Murder of Jaewon Martin on May 8 at the Bromley Heath Housing Development on the Jamaica Plain - Roxbury line. He was held without bail on charges of Murder, Unlawful Possession of a Firearm, and Assault & Battery with a Dangerous Weapon.

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.

Continue reading "Lynn Man is Second Person Charged with the Murder of Jaewon Martin in Boston" »

The Boston Police Department announced today that they have made in arrest in the Murder of 14 year old Jaewon Martin. Martin was fatally shot near a basketball playground this past Spring in Roxbury, Massachusetts.

The suspect, Timothy Hearns, 20, of Dorchester, is scheduled to be arraigned in the Roxbury Division of the Boston Municipal Court this afternoon on several charges, including Murder and Armed Assault to Murder (in connection with the non-fatal shooting of another teen who was standing near Jaewon Martin).

Continue reading "Dorchester Man Arrested in Murder of Jaewon Martin" »

The Massachusetts Supreme Judicial Court today reversed the conviction of Joann Silech-Brodeur, who was convicted of the Murder of her 70 year-old husband by stabbing him to death 34 times.

At issue in Silech-Brodeur's Criminal Appeal was whether, in establishing her Insanity Defense, the defense was obligated to give prosecutors copies of the detailed notes and statements Silech-Brodeur made to her defense psychiatric expert. She claimed that she was suffering mental problems at the time that were exacerbated by her husband's intent to divorce her. The defense psychologist testified at the trial that, during her examinations, Silech-Brodeur claimed she did not recall stabbing her husband and that the lost her sense of sight and sound during the struggle.

The trial judge, over the defendant's objection, ordered production of the defense psychologist's notes to be produced to the prosecution's own expert. This, the Massachusetts Supreme Judicial Court held, went beyond the discovery limitations in Insanity Cases. The Court specifically held that "when a defendant serves notice that she will call an expert witness to testify about her mental condition at the time of the crime based on her testimonial statements, the rule only authorizes a court-ordered psychiatric examination of the defendant by the Commonwealth's expert, and nothing more."

Notwithstanding its ruling, the Massachusetts Supreme Judicial Court cited a trend toward mutual discovery and recommended that the Advisory Committee on the Rules of Criminal Procedure review the issue and perhaps propose an amendment that might require a defendant's expert to give notice of the expert's opinion, as well as the bases for that opinion.

Click here to read the full Massachusetts Supreme Judicial Court's opinion in Commonwealth v. Silech-Brodeur.

Continue reading "Massachusetts Supreme Judicial Court Orders New Trial in Murder Case" »

Crisostomo Lopes, 20, and Joshua Fernandes, 16, were arraigned yesterday in Suffolk Superior Court for the May 30 Murder of 14 year-old Nicholas Fomby-Davis in Dorchester, Massachusetts. Standing behind a door in the Criminal Magistrate's Session with their faces out of view from the public, Crisostomo Lopes and Joshua Fernandes pled 'not guilty' to the Fomby-Davis murder.

The Suffolk County District Attorney's Office alleges that Fomby-Davis was riding his motorized scooter with a relative in Dorchester when the two almost ran into Lopes, who was riding his bicycle at the time. No words were exchanged at that time and Fomby-Davis went home. A short time later, Fomby-Davis took his scooter out for another ride and was confronted by Lopes and Fernandes, who were allegedly lying in wait, crouching down on the sidewalk. Lopes is alleged to have then grabbed Fomby-Davis by the shoulder and held him down while Fernandes fired 3 rounds into Fomby-Davis.

When Lopes was arrested by an off-duty Boston Police Officer, he allegedly stated "What are you going to do, shoot me? You'll catch it, too", suggesting that the Boston Police Officer would also get shot. Lopes then allegedly recited the license plate of the Boston Police Officer's car aloud.

Continue reading "2 Arraigned in Superior Court for Murder of Nicholas Fomby-Davis" »

A Barnstable County Grand Jury has indicted Edmond Carriere, 75, for the Murder of his late wife. Frances Carriere, 44 at the time, was found murdered in 1980 at the couple's home, the same home where Edmond Carriere was recently arrested and charged in connection with the murder.

The Massachusetts State Police reported that Edmond Carriere had always been a suspect in his wife's murder, but charges were never filed, apparently due to lack of evidence. The State Police re-opened the investigation as a cold case in 1999, but there are no details as to what information led to charges now being filed, 30 years later.

Notably, in 2003, a Barnstable County Grand Jury indicted Richard Grebauski of Wareharm, and Steven Stewart of Brockton, for the Murder of Frances Carriere. The Barnstable County District Attorney's Office alleged in Stewart's murder trial that Edmond Carriere paid Grebauski $10,000 to murder his wife, and that Grebauski then asked Stewart to carry out the murder. Steven Stewart was convicted in 2005 of Murder, but his conviction was then overturned by the Massachusetts Supreme Judicial Court. He is scheduled to be retried on the Murder charge next week in Barnstable Superior Court.

Richard Grebauski, however, never went to trial for the murder. He passed away from injuries in a motorcycle accident while curiously visiting Carriere in Florida in 2004.

Continue reading "Bourne Man Arrested for 1980 Murder of His Wife" »

Edward Aduayi, 56, of Abington, Massachusetts, was arraigned yesterday morning for the Wednesday Murder of Karneetha Sanders, of Randolph. Sanders, who was nine weeks pregnant at the time, was found dismembered at Aduayi's own store in Randolph.

Randolph Police and the Norfolk County District Attorney's Office allege that Aduayi, who had previously been involved with Sanders, picked her up around 1:30 p.m. on Wednesday. Shortly thereafter, the two got into an argument which resulted in him stabbing her several times as the two were in the car - he then drove around the South Shore as she bled to death.

Aduayi allegedly told the police that he checked on her sometime after the stabbing and was 'surprised' to discover that she was not breathing. Once he realized that she had died, he drove to his Randolph business, where he proceeded to dismember her. Randolph Police found Sanders' body at 3:30 a.m. at Aduayi's business after tracing her cell phone to that location. Police discovered Sanders' dismembered body had been stuffed into a barrel.

After his Murder arraignment, Edward Aduayi was held without bail.

Continue reading "Man Arraigned in Quincy District Court for Murder of His Pregnant Girlfriend" »

A Suffolk County Grand Jury returned a Murder indictment against Corey Patterson, 24, of Dorchester, Massachusetts, in connection with the killing of a Boston University student on November 8, 2009.

Boston Police and the Suffolk County District Attorney's Office allege that Patterson was involved in an altercation with Gregory Phillips outside the Kells Bar in Allston. Phillips, along with three friends, were leaving the bar after 2:00 a.m. when Patterson started hitting on one of the female friends and then making rude comments. An argument ensued which then became physical, at which time Patterson allegedly punched Phillips in the back of the head and then stabbed him in the chest.

At the time, Phillips was employed by Boston University in the Dining Services Department. Boston Police believe that Patterson was unarmed at the time, and he was taken to a Boston Hospital, where he died as a result of having been stabbed in the heart.

Patterson was not immediately arrested after the altercation. Rather, the Suffolk County District Attorney's Office reports that shortly after the Murder, Patterson was arrested by Boston Police Officers when he returned to the scene to retrieve the purported murder weapon that he had discarded under a car.

Continue reading "Dorchester Man Charged in Murder of Boston University Employee" »

Kimberly Peno, 39, of Rehoboth, was arraigned this morning in Bristol County Superior Court with Murder in the alleged beating death of her son on March 18, 2010.

On that date, the boy was brought to the Seekonk Police Department where paramedics aided the child and transported him to Children's Hospital in Providence, where he died several hours later. The child was found to have suffered retinal hemorrhages and brain injuries.

The Seekonk Police Department reported they determined that the child's injuries were sustained at his residence in Rehoboth and contacted the Rehoboth Police Department. An investigation by the Rehoboth Police Department and the Bristol County District Attorney's Office concluded that the child was severely beaten by Peno. The Bristol County District Attorney's Office also claimed that when Peno brought the child to the Seekonk Poilce Department, there were visible injuries on her person, including a swollen right fist; as well as blood in the area of the house where Peno said she was.

Peno's husband, who claimed to have been asleep during the alleged incident, has not been charged.

Continue reading "Rehoboth Mother Charged in Murder of 2 Year Old Son" »

A Suffolk County Grand Jury returned indictments yesterday against the two men charged with the Murder of 14 year old Nicholas Fomby-Smith on May 30, 2010. As reported in the Boston Criminal Lawyer's Blog on June 1, 2010, Boston Police and Suffolk County prosecutors allege that Crisostomo Lopes, 20, and Joshua Fernandes, 16, attacked Fomby-Davis while he was riding his scooter.

According to the Suffolk County District Attorney's Office, Lopes pulled Fomby-Davis off his scooter and held him down while Fernandes shot him in the chest. Despite being only 16 years old, Fernandes will be tried for Murder as an adult in Suffolk Superior Court. Massachusetts state law permits defendants ages 14 and older who are charged with Murder to be tried as an adult.

Fernandes has also been indicted with Unlawful Possession of a Firearm, and both defendants are currently held without bail.

Continue reading "Suffolk County Grand Jury Returns Indictments in Murder of 14 Year Old Nicholas Fomby-Davis" »