Boston Criminal Lawyers Blog
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Joseph Lee Brown, 22, of Cambridge, was arrested and charged with Massachusetts Sex Crimes for allegedly raping sexually assaulting a 19 year old woman in Boston on July 4th. Brown was arraigned yesterday in Brighton District Court on the sex crime of Rape.

According to the Massachusetts State Police, the alleged sexual assault occurred shortly before 11:00 p.m. following Boston’s fireworks display at the Esplanade. According to police, Joseph Lee Brown met the young woman in Harvard Square that evening, and the two walked along the Charles River to watch the fireworks.

In the area near the John W. Weeks Footbridge, Joseph Lee Brown allegedly pushed the woman to the ground and raped her. Immediately following the alleged sexual assault, the woman had a friend call 911 and then admitted herself into Cambridge Hospital to be treated for injuries and to have a rape examination done.

Joseph Lee Brown was reportedly arrested by Cambridge Police who then transferred him to the Massachusetts State Police barracks. It is unclear, however, how Brown came to be identified and arrested, e.g., whether the young woman was able to identify him by name or whether some sort of identification process was utilized by the police in order to identity him.

At Brown’s arraignment on Rape Charges in Brighton yesterday, Brighton District Court presiding justice Judge Donnelly imposed a $50,000 bail on these charges, and also revoked his bail on a separate pending criminal matter which charges him with Larceny and Assault.

Boston Criminal Lawyer Lefteris K. Travayiakis has several years’ experience in defending Massachusetts Major Felony Crimes, including Rape, and other Sexual Assault Crimes, and is available 24/7 for consultation.

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

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fujita.jpgNathaniel Fujita was arrested and has been charged in connection with the Murder of Lauren Astley, the Wayland teenager whose body was found in a wooded marsh area along Route 27 near a Wayland beach.

Fujita was arraigned this morning in Framingham District Court on 1st Degree Murder Charges. Following his arraignment, he was held without bail.

According to the Middlesex County District Attorney’s Office, Lauren Astley’s car was found parked at the Wayland beach after she was reported missing late Sunday night. She was last seen leaving work at the Natick Collection at 6:30 that night. Yesterday morning, however, Lauren Astley’s body was discovered by a man along Route 27, partially submerged in a marsh.

Police, in the meantime, had obtained a search warrant for the home of Nathaniel Fujita, in which they allegedly discovered “significant blood” and a bungee cord that police believe Fujita allegedly wrapped around her neck – which reportedly had a gaping and significant wound. Nathaniel Fujita had reportedly been involved in a 3 year relationship with Lauren Astley that recently ended.

At this time, it is unclear what led police to investigate Nathaniel Fujita, or how they otherwise were able to justify the probable cause needed for their obtaining a search warrant for his home.

The United States Constitution and the Massachusetts Declaration of Rights presumes all persons are presumed innocent.

Boston Criminal Lawyer Lefteris K. Travayiakis has extensive experience in defending Massachusetts Crimes of Violence, and is available 24/7 for consultation on all major felony crimes, including Murder.

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

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Robert M. MacCormack, 32, of West Roxbury, was arrested on Massachusetts Gun Crimes Charges this past weekend after he allegedly pulled out a gun on a food delivery driver. MacCormack was arrested on gun crimes including Assault With a Dangerous Weapon and Improper Storage of a Firearm.

According to the Boston Police Department, police officers were approached by a delivery driver who said Robert MacCormack allegedly pulled out a gun on him as he was driving down Pender Street in West Roxbury. According to the driver, MacCormack allegedly pulled up to him after his delivery and questioned why he was driving down the street in a reckless manner. The driver alleges that he was threatened at this point by MacCormack allegedly pointing a gun at him.

Boston Police Officers who responded to the incident reported that Robert MacCormack is licensed to carry a firearm and arrested him. A search of MacCormack’s house also yielded in the seizure of three guns and several rounds of ammunition.

Of particular concern in this case is what justification the Boston Police used in entering the home of Robert M. MacCormack and searching for and seizing his other lawfully owned weapons, presumably without a search warrant.

The Massachusetts Gun Laws of Improper Storage of a Firearm makes it unlawful for any person, whether properly licensed or not, to store a firearm or ammunition in any place unless the weapon is secured in a lock container or equipped with a tamper-resistant mechanical lock or other device so as to render the weapon inoperable by any person other than the owner or other lawfully authorized user.

A violation of Improper Storage of a Firearm in Massachusetts could result in imprisonment for up to 1 year; or for not less than 1 year and up to 10 years if the firearm is a “large capacity weapon or machine gun.”

Under Massachusetts Gun Laws, a firearm is defined as “a pistol, revolver or other weapon…loaded or unloaded, from which a shot or bullet can be discharged…”

Boston Criminal Lawyer Lefteris K. Travayiakis has significant experience in defending persons charged with Massachusetts Gun Crimes, including Unlawful Possession of a Firearm, Unlawful Possession of Ammunition, and Possession of a Loaded Firearm, and is available 24/7 for consultation.

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

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Jeremiah Sullivan, of Gloucester, has been indicted by an Essex County Grand Jury on Massachusetts Murder Charges in connection with the overdose of Michael Rogers. He has been indicted on the Murder Charge of Involuntary Manslaughter; Distribution of a Class A Substance, Heroin; Operating Under the Influence of Drugs; Negligent Operation of a Motor Vehicle; and Leaving the Scene of an Accident.

According to the Essex County District Attorney’s Office, Jeremiah Sullivan allegedly distributed heroin to Michael Rogers, who consumed the drugs which resulted in his death by overdose.

The Essex County District Attorney’s Office is proceeding its prosecution against Jeremiah Sullivan under a theory that his providing drugs that resulted in a death by overdose is manslaughter.

In Massachusetts, Involuntary Manslaughter is the unintentionally killing of another caused by wanton or reckless conduct that creates a high degree of likelihood that substantial harm will result to another. In order to prove the crime of Involuntary Manslaughter, prosecutors would need to prove that:

  1. The defendant committed an unintentional killing, i.e., that the defendant intended the conduct that caused the death of another;
  2. That the killing was caused by wanton or reckless conduct; and
  3. The wanton or reckless conduct caused the death of that person.

The potential penalty that may be imposed upon a conviction for the crime of Involuntary Manslaughter is up to 20 years in state prison.

Boston Criminal Lawyer Lefteris K. Travayiakis has experience in defending persons charges with Crimes of Violence in Massachusetts, and is available 24/7 for consultation on crimes involving Murder, Voluntary Manslaughter and Involuntary Manslaughter.

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

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Matthew Pike, 39, a corrections officer at MCI Cedar Junction in Walpole, was arrested this past week on Massachusetts Sex Crimes Charges alleging that he repeatedly raped a child over a 5-6 year period.

Pike was arraigned on Friday in Wrentham District Court on various sex crimes charges including 10 counts of Rape of a Child, 2 counts of Indecent Assault & Battery on a Child Under 14; Assault & Battery; and Intimidation of a Witness.

According to the Walpole Police Department, the child at issue had recently told family members of the allegations, who in turn then reported the alleged incidents to the Walpole Police Department. No other details of the case, nor the relationship between the child and Matthew Pike, have been disclosed to date.

In an unrelated incident, Matthew Pike is also facing Assault Charges in connection with an incident last March at the Corrib Pub in West Roxbury, where Pike was allegedly involved in a bar brawl and had to be subdued by several Boston Police officers.

Boston Criminal Lawyer Lefteris K. Travayiakis has experience and has successfully defended persons charged with Massachusetts Sex Crimes, including Rape and Indecent Assault & Battery, and is available 24/7 for consultation.

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

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Gerald Sullivan, 37 of Charlestown, had Massachusetts Murder Charges returned against him by a Middlesex County Grand Jury yesterday in connection with the robbery of a Medford home that left one person dead and another seriously injures.

Sullivan was indicted on criminal charges including First Degree Murder, Home Invasion, Armed Assault to Murder, Armed Assault to Rob, Aggravated Assault & Battery with a Dangerous Weapon, Unlawful Possession of a Firearm, and Unlawful Possession of Ammunition. Gerald Sullivan was also indicted as an Armed Career Criminal.

According to the Medford Police Department and the Middlesex County District Attorney’s Office, Gerald Sullivan and another person, both wearing masks, allegedly knocked on the door at a Jerome Street apartment in Medford. Once the occupant opened the door, Sullivan allegedly pushed his way in began robbing the occupant of his money and jewelry.

During the Home Invasion, Gerald Sullivan allegedly shot the occupants, Johnny Hatch, 37, and his father, John Viera. Another occupant of the apartment called 911. Johnny Hatch was pronounced dead at Lawrence Memorial Hospital. Although John Viera survived the shot to his head, he was seriously injured and not all bullet fragments were able to be removed from his brain.

Johnny Hatch was a musician who had co-founded the group Mikst Nutz, a hip-hop group from Boston that was popular in the mid-1990’s.

Gerald Sullivan was not immediately arrested following this incident. It has been reported that the Middlesex County District Attorney’s Office was able to link him to this crime through CODIS (Combined DNA Index System) – essentially an FBI database that includes, among others, DNA samples from persons previously convicted of major felony crimes.

The United States Constitution and the Massachusetts Declaration of Rights presumes that all persons charged with a crime, no matter how serious the allegations, are presumed innocent until proven guilty beyond a reasonable doubt.

Boston Criminal Lawyer Lefteris K. Travayiakis has experience in defending persons against Crimes of Violence Charges, including Home Invasion, Murder, and Gun Crimes Charges, and is available 24/7 for consultation.

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

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David Ceballos, 17, of Milford, was arraigned this week on several Massachusetts Sex Crimes Charges in connection with the alleged sexual assault during a freshman orientation at Nichols College.

Ceballos was arraigned in Dudley District Court and charged with Rape and Indecent Assault & Battery on a Person Over 14.

According to prosecutors, the woman, also a freshman entering his first year at Nichols College, told police that David Ceballos allegedly forced her to have sex with him against her will. She also alleged that there were four witnesses to the sexual assault. Police reportedly spoke with those four witnesses, who according to investigators, gave a consistent account with the woman.

David Ceballos was arrested that same evening after sexual assault investigators interviewed the woman at the hospital. According to police, Ceballos initially denied having had sex with anyone that night; but later said that he had consensual sex which was witnesses by four others that were in the room.

For obvious reasons, the details of the witness accounts were not released by the police, but the question still remains: if there really was a sexual assault occurring, why didn’t those other four people do anything to stop the alleged attack?

In Rape cases or in cases of alleged sexual assault, one of the most critical and telling pieces of evidence is the Sexual Assault Nurse’s Examination that is conducted. In some cases, the physical examination may not be consistent with the allegation of a forced sexual assault, e.g., lack of any signs of trauma, tearing, lacerations, or other inconsistencies with the allegations.

The Sex Crime of Rape in Massachusetts is punishable by imprisonment for up to 20 years.

Boston Criminal Lawyer Lefteris K. Travayiakis has experience in successfully defending Massachusetts Sex Crimes, including Rape and Indecent Assault & Battery, and is available 24/7 for consultation. See Case Results.

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

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Michael Coker, 48, was arraigned this afternoon on Massachusetts Murder Charges in connection with the death of Janet A. Phinney, whose body was found in a wooded section of West Roxbury 23 years ago.

Coker was indicted by a Suffolk County Grand Jury and brought before the Suffolk Superior Court this afternoon for his arraignment on the charge of First Degree Murder.

According to the Suffolk County District Attorney’s Office and Boston Police Department, Janet A. Phinney was reported missing on March 18, 1988, after last being seen by her sister in her family’s West Roxbury home. Her body was discovered three days later, partially clothed, by a neighbor.

At the time, the Massachusetts Medical Examiner’s Office concluded that Phinney had been strangled to death, but Boston Police did not have enough evidence to charge anyone.

The Boston Police Department reviewing the case used advances in DNA technology to allegedly link biological evidence to Michael Coker. Coker was reportedly Phinney’s ex-boyfriend.

It’s unclear, however, what ‘biological evidence’ was relied upon to believe that Michael Coker was responsible for this murder. Even if such biological evidence was found on Phinney’s body linking her to Coker, that still does not necessarily demonstrate that he was responsible for her death. It could very well be that she may have had contact with him a short time prior to her disappearance, as some members of her family also did.

Consequently, the DNA link to Coker may be nothing more than circumstance, falling well short of the ‘proof beyond a reasonable doubt’ for a conviction of First Degree Murder.

Boston Criminal Lawyer Lefteris K. Travayiakis is available 24/7 for consultation on all Massachusetts Crimes of Violence, including Murder and Manslaughter.

Click Here to Schedule a Free Consultation with a Boston Murder Lawyer or call 617-325-9500.

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Wilbert Nickerson, 76, of Weymouth, was arrested this past Sunday on Massachusetts Theft Crimes Charges for allegedly stealing several hundred dollars in church donations from the St. Jerome Parish in Weymouth.

Nickerson was arraigned Monday morning in Quincy District Court on three counts of Larceny Over $250, a felony.

According to the Weymouth Police Department and the Norfolk County District Attorney’s Office, Wilbert Nickerson was one of a handful of volunteers who was responsible for counting donations from the collections after church services. Church officials had reportedly suspected Nickerson of stealing from the collections, and this past Sunday, along with the Weymouth Police Department, allegedly used hidden cameras for surveillance while he counted the money.

The Weymouth Police Department had also reportedly included in the donations some money that were previous-recorded, and the hidden cameras allegedly captured Wilbert Nickerson pocketing money into his pocket six times.

According to Weymouth Police, Nickerson is suspected of pocketing church donations on at least 2 prior occasions.

The Massachusetts Theft Crime of Larceny Over $250 is a felony, which is punishable by incarceration to the House of Corrections for up to 2.5 years, or up to 5 years in state prison. In order to prove someone guilty of the crime of Larceny, the prosecutor would have to prove:

  1. That the person took and carried away property;
  2. That property was owned by someone other than the defendant;
  3. That the defendant did so with the intent to deprive that person of the property permanently.

Following his arraignment in Quincy District Court, Wilbert Nickerson was released on his own personal recognizance.

Boston Criminal Lawyer Lefteris K. Travayiakis is available 24/7 for consultation on all Massachusetts Theft Crimes Charges, including Larceny and Armed Robbery.

Click Here for a Free Consultation with a Boston Theft Crimes Lawyer, or call 617-325-9500.

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whitey.jpgAfter 16 years of ‘pursuit’ and listed as one of America’s Most Wanted, James “Whitey” Bulger was back in Boston Federal Court in South Boston yesterday to answer to the several indictments which charge him with Racketeering, Extortion, Money Laundering, Loan Sharking, Witness Tampering, Gun Crimes Charges and Murder.

In the courtroom, along with members of his alleged victims’ families, and members of his own family, including former Massachusetts Senate President William M. Bulger, the 81 year old James Bulger reportedly sat calmly and collected throughout the initial proceedings.

To the surprise of many, James Bulger asked to be given a court-appointed lawyer despite the government having seized approximately $800,000 in cash from his apartment at the time of his arrest. In the alternative, he asked the Judge Magistrate to return that money so he could hire his own attorney.

Although this may have frustrated many, the reality is that, in order for the government to seize those funds, they would have to show that those monies were derived from his dealings of a criminal enterprise. This is the government’s burder – and not Mr. Bulger’s to demonstrate that those funds were obtained lawfully. This issue, of course, will be the subject of future court proceedings…

So how did the FBI get James “Whitey” Bulger back in custody? …it seems there is more to this story than the FBI is reporting.

According to the FBI in Boston, they received a tip from a woman in Iceland who had reportedly crossed paths with both Whitey Bulger and Catherine Greig in Santa Monica. The woman reportedly saw a CNN report that reported a story about the FBI’s television ad about Catherine Greig.

I’m not so sure I really believe that James Bulger and Catherine Greig were apprehended after 16 years; after being on America’s Most Wanted List for so long, and after a tip following a CNN special from a woman from Iceland of all places.

Additionally, several questions still remain: if Bulger and Greig were in fact living in that same apartment complex in Santa Monica for the last 16 years, how were they able to leave and re-enter the country during that time, especially after 9/11? With the technology available to the government today and will the thousands of tips, how were they able to live in a large city undetected for so long?

Many critics still question whether the FBI actually knew of their whereabouts and simply did nothing because, perhaps, they did not want him found. After all, imagine how many more people James Bulger can bring down and how much more damage he can do to the already tarnished reputation of the FBI if he begins talking…

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

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