Boston Criminal Lawyers Blog

An employee at the Newton Public Library was before the court today on Massachusetts Sex Crimes Charges. He was arraigned in Newton District Court on 3 counts of Unlawful Possession of Child Pornography.

According to the Middlesex County District Attorney's Office, the employee was arrested at his home where Massachusetts State Police investigators allegedly seized a laptop containing several images of child porn. At his arraignment, prosecutors alleged that the man admitting to possession the child pornography and that he had been using a peer to peer network to download the files.

Following his arraignment, the Newton library employee was held on $5,000 cash bail and ordered to have no contact with children under the age of 18 and to stay away from the Newton Public Library.

This is the second such arrest involving Unlawful Possession of Child Pornography. Last week, a Newton Public School teacher was also arrested and charged with similar Massachusetts Sex Crimes Charges.

In many cases involving child pornography, investigators will often target peer to peer networks where users can 'share' and download files from other users onto their own computer. Typically, an investigator will access the network and scan the files available on a person's computer being shared on the network. From there, police will then track who is uploading and/or downloading the files by locating the user's IP address.

The IP address will not provide the user's name, but will provide the investigator's the network, e.g., verizon, comcast, etc., that is hosting the address. Police will then subpoena the internet provider to obtain the registration information and name of the person for that specific IP address.

With this information, police will then apply for a search warrant to enter the person's home and seize the computer and any other images for evidence.

One of the most important and critical pieces of advice I can offer to someone who has been arrested or even being investigated for any crime is to never speak to the police without a lawyer. If the police are targeting you as a suspect or someone they are likely to arrest, they are not your friends. They will not 'help you help yourself'. If they come to your house or 'want to speak with you' about a potential crime you may be involved with they will inevitably arrest you whether you speak to them or not.

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A Newton Public School Teacher was arraigned yesterday in Brighton District Court on Massachusetts Sex Crimes Charges. He was arraigned on two charges of Unlawful Possession of Child Pornography.

According to the Suffolk County District Attorney's Office, the Newton second-grade teacher allegedly had hundred of images on his computer that they say constitute child pornography; and also allegedly discovered videos of the teacher allegedly assault a young teenage girl.

The teacher, who was reportedly very well respected by his peers and the Newton Public School system, was arrested at his home in Brighton after the Massachusetts State Police executed a search warrant.

Following his arraignment in Brighton District Court, the teacher was held on $10,000, but was also detained without bail as a result of an outstanding warrant in West Roxbury District Court on what is believed to be additional Sex Crimes Charges.

Unlawful Possession of Child Pornography in Massachusetts is defined as the possession of a photograph or visual reproduction of any child whom the person knows or reasonably should know to be under the age of 18, and the child is engaged in sexual intercourse or otherwise depicted in an act or pose of a sexual nature.

A person convicted for the Sex Crime of Possession of Child Pornography may face up to 5 years in state prison and will also render him/her subject to the Massachusetts Sex Offender Registry Laws.

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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.

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A 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.

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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.

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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" »

A 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.

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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" »

A Boston man was arrested by Cambridge Police earlier this week on Massachusetts Sex Crimes Charges in connection with an alleged sexual assault on a woman near the Cambridgeside Galleria in Cambridge.

Cambridge Police have arrested Elisee Myrthil, 27, of Hyde Park, and have charged him with Assault with Intent to Rape.

According to police, Myrthil allegedly approached the woman from behind at Canal Park in Cambridge. It is alleged that he pushed her to the ground and attempted to sexually assault her. Myrthil was allegedly identified following review of surveillance video that purportedly captured the incident.

The Massachusetts Sex Crime of Assault with Intent to Commit Rape is defined as an assault with the intent to then engage in sexual intercourse without the consent of the other person.

Assault to Rape is a felony in Massachusetts, which is punishable by commitment to state prison for any term of years, up to life imprisonment. Additionally, as with most Massachusetts Sex Crimes, a person convicted of this crime will likely also face other collateral consequences, including Sex Offender Registration; and could dal so be subject to Community Parole Supervision for life and/or may also be civilly committed as a "sexaully dangerous person."

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A Massachusetts man was in court in Bourne this past week on Massachusetts Sex Crimes Charges, answering to allegations that he raped and attempted to murder a woman on Cape Cod.

James Pearson, 42, was arrested and charged with Rape and Attempted Murder.

According to the Bourne Police Department, Pearson and the unidentified woman were in an apartment and a neighbor reportedly heard an assault. The woman then reportedly ran to the neighbors apartment door and stated she had been thrown down and kicked in the head several times.

Bourne Police officers allege that James Pearson ran away and initiated a chase through the woods and along the Cape Cod Canal. At his arraignment on these charges, Pearson denied that he ever raped, let alone assaulted, the woman and that it was only an argument.

The Massachusetts Sex Crime of Rape is punishable in state prison for a term of up 20 years. A conviction for rape, however, also subjects the offender to Sex Offender Registration and possibly civil commitment as a 'sexually dangerous person'.

Following his arraignment in Bourne District Court on these sex crimes charges, Pearson was held without bail.

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A 45 year old Stoughton woman was arraigned this morning in Brockton District Court on various Massachusetts Sex Crimes Charges for allegedly running prostitution services in Brockton, Norwood and Canton.

The woman was arraigned on the sex crime charge of Deriving Support from Prostitution.

According to the Plymouth County District Attorney's Office, the woman allegedly used three locations, Aria Day Spa in Brockton, Sparkle Day Spa in Canton and Spa Bellissimo in Norwood, as centers for conducting the purported sex crimes. It it alleged that the masseuses at these various locations were offering sex as part of the service.

The investigation was reportedly completed when an undercover Massachusetts State Trooper negotiated with the woman to have 12 women perform sex acts at a party. Prosecutors reported that the trooper provided the woman a cash down payment over the weekend.

The Massachusetts Sex Crime of Deriving Support from Prostitution is punishable by a minimum-mandatory jail sentence of not less than 2 years and up to 5 years in state prison.

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A 19 year old Tewksbury man has been indicted by a Middlesex County Grand Jury on several Massachusetts Sex Crimes Charges after allegedly trying to blackmail the purported 15 year old victim with photographs he had taken.

Thomas Hutchinson has been indicted on Rape of a Child by Force; Assault with Intent to Rape; Attempted Extortion; Indecent Assault & Battery on a Child Over 14; and Unlawful Possession of Child Pornography.

According to the Middlesex County District Attorney's Office, Hutchinson allegedly met the 15 year old girl after an online encounter. Prior to meeting, the girl reportedly sent him photos of her in her bathing suit and eventually nude photographs.

According to police, Hutchinson then allegedly threatened to post the photos online if the girl didn't have sex with him and his friend; and also allegedly threatened to rape her if she refused to meet him or even called the police to report the incident.

Eventually, the indictment alleges that Hutchinson met the girl, got her into his car and allegedly forced her to perform sexual acts.

Despite the allegations, the substance of the charges against this man are that he raped a young girl. In assessing the strength and weaknesses of the prosecutions case, the defendant will most certainly need to examine any forensic evidence agains him, particularly whether a rape exam was conducted - which could tend to disprove whether there was any evidence of a forced sexual act.

The Massachusetts Sex Crime of Rape of a Child by Force is punishable in state prison for any term of years up to life. By definition, Rape of a Child by Force involves compelling a a child under 16 to perform a sexual act against her will.

As with most Massachusetts Sex Crimes, a conviction for this offense carries several collateral consequences aside from potential imprisonment, including Sex Offender Registration.

Continue reading "Massachusetts Man Indicted on Child Rape Charges Following Internet Meeting" »

Norman Barnes, 28, was indicted by a special grand jury on violation of Massachusetts Sex Crimes for his alleged involvement in forcing underage women into prostitution.

Barnes is scheduled to be arraigned tomorrow in Boston's Suffolk Superior Court on various sex crimes charges, including 10 indictments charging Deriving Support from Prostitution; Statutory Rape; and Dissemination of Obscene Material.

Norman Barnes was arrested on May 19 when one of the young ladies was located by her family at a motel. Massachusetts State Police arrested Barnes that evening at the motel, also seizing almost $20,000 in cash along with a key to the room where he was allegedly staying with a 15 year old girl.

According to the Massachusetts Attorney General's Office, the charges against Norman Barnes allege that he forced two underage women, ages 15 and 16, to engage in prostitution and then collected the profits. It is also alleged that he took photos of the two girl to post on the internet, offering their services for a fee.

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A Massachusetts woman reported this week that she was allegedly raped after meeting a man on Facebook at an Andover hotel. David Rodriguez has been charged in connection with this alleged incident with several Massachusetts Sex Crimes Charges.

According to police, the woman replied to a request for a modeling agency. At the hotel, the woman was allegedly given a drink that was believed to be spiked and ultimately made her feel dizzy. Although the woman reportedly refused to take off all her clothes, she did agree to model lingerie for the man. After taking several photos, however, the man allegedly raped her.

David Rodriguez, who was arrested in New Jersey, has been arraigned in Lawrence District Court on charges of Rape and Assault and Battery. Following his arraignment, he was held on $100,000 cash bail.

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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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