Boston Criminal Lawyers Blog

Massachusetts Supreme Court Throws Out Salem Murder Conviction

Published on: November 18, 2010 | by Lefteris K. Travayiakis, Esq.

In an opinion released this morning, the Massachusetts Supreme Judicial Court today reversed the First Degree Murder conviction against Jerome McNulty, who in 2001, had been convicted of the murder of Linda Correia, 27, in her Salem bedroom.

In its decision, the Massachusetts Supreme Judicial Court held that McNulty’s right to be informed by the Salem Police Department of his criminal lawyer’s attempt to provide advice to him had been violated. Consequently, it was error for the judge at his murder trial to admit into evidence McNulty’s signed statement that he made to the Salem Police Department.

When an attorney representing a person held in custody makes it known to the police that he is seeking to reach his client to provide legal services, the police have an affirmative duty to inform the suspect immediately of the attorney’s efforts. Even if the suspect had previously agreed to speak with the police, once the attorney makes that request, the suspect must be informed of his lawyer’s efforts to reach him and the suspect’s prior consent is invalid. Failure to do so results in a violation of a suspect’s constitutional right to counsel.

Witness in Boston Murder Trial Changes Testimony Again

Published on: November 17, 2010 | by Lefteris K. Travayiakis, Esq.

The two men charged with First Degree Murder for the killing of 18-year old Cedirick Steele are once again on trial, for the third time. The first two trials against Antwon Carter and Daniel Pickney, Jr., resulted in mistrials: the first one resulted in a deadlocked jury; and the second was declared a mistrial largely in part because of the prosecutor’s key witness, LaToya Thomas Dickson, recanted her testimony.

During the second trial of Carter and Pickney, LaToya Dickson testified that she was with the two defendants when they allegedly murdered Cedirick Steele, 18, from Roxbury, Massachusetts. During cross-examination later on in that trial, Dickson recanted that testimony and told those same jurors she wasn’t with them.

According to the Boston Police Department and the Suffolk County District Attorney’s Office, Carter and Pickney allegedly drove to the Highland Street section of Roxbury with the purpose of retaliating a non-fatal shooting of an alleged gang member. The Suffolk County District Attorney’s Office, however, maintains that Steele was simply an innocent bystander and not associated with any gangs.

Boston Man Acquitted of Rape – Released After 18 Years in Prison

Published on: November 16, 2010 | by Lefteris K. Travayiakis, Esq.

Boston Criminal Lawyer Lefteris K. Travayiakis successfully represented a man falsely accused of raping of a woman dating back in 1988. The client had initially been indicted in 2003 with two counts of Aggravated Rape and Kidnapping. The Suffolk County District Attorney’s Office alleged that the defendant had raped a woman in 1988, but no one had been charged until the defendant’s DNA was linked in 2003 to the complainant’s physical evidence.

Prior to his trial in 2005, the Kidnapping charge was dismissed for being beyond the Statute of Limitations; and the client proceeded to trial on both counts of Aggravated Rape.

The complainant initially reported the alleged rape in 1988. She alleged that, while she was walking down the street, a car pulled up and a man jumped out and ‘snatched’ her into the car, blindfolding her and putting a gun to her head. He then allegedly drove her to an unknown location; got a motel room; allegedly raped her; and then drove her back to the area from where he allegedly kidnapped her.

Two Everett Women Charged in Armed Robbery and Stabbing of Winthrop Woman

Published on: November 12, 2010 | by Lefteris K. Travayiakis, Esq.

Sharnell Donahue, 31, and Diane Tuck, 51, both of Everett, Massachusetts, were each arraigned this morning in East Boston District Court for allegedly trying to rob a Winthrop woman of drugs.

According to the Suffolk County District Attorney’s Office, Donahue, while wearing a ski mask, allegedly stabbed the 44 year old Winthrop woman in the chest after conspiring with Tuck and a teenage girl to steal her drugs.

Donahue and Tuck were both charged with Armed Assault with Intent to Rob, while Sharnell Donahue was also charged with Armed Assault to Murder and Assault & Battery with a Dangerous Weapon. Following their arraignment, each were held on $50,000 cash bail.

Teen Mother Indicted for Tossing Infant Out Window

Published on: November 7, 2010 | by Lefteris K. Travayiakis, Esq.

Eva Flores, the teenage mom who allegedly threw her newborn out a 2nd floor window shortly after giving birth has been indicted by a Suffolk County Grand Jury.

The newborn was found on September 20, 2010, in an alleyway in East Boston when a neighbor heard the baby’s cries and found him lying face down. As a result of the incident, the child suffered hypothermia, skull fractures, bleeding in the brain and seizures. The child has since been taken into custody by the Massachusetts Department of Children and Families.

Flores is expected to be arraigned in Suffolk Superior Court tomorrow on charges including Assault & Battery on a Child causing Serious Bodily Injury and Reckless Endangerment of a Child.

Marcos A. Colono Indicted on Cambridge Home Invasion

Published on: November 5, 2010 | by Lefteris K. Travayiakis, Esq.

Marcos A. Colono was indicted yesterday by a Middlesex County Grand Jury in connection with the Rape of an 11 year old boy in Cambridge this past August, as well as for brutally assaulting the boy’s father who came to his son’s defense.

He was charged with two counts of Rape of a Child by Force; Home Invasion; and Armed Assault to Murder. Following his arraignment in Cambridge District Court last month, he was ordered held on $1 million bail.

As previously reported in the Boston Criminal Lawyers Blog, the Middlesex County District Attorney’s Office alleges that Colono entered the victims’ apartment with a large butcher knife and forced the 11 year old boy to lie on top of his father while he searched the home for things to steal. He then allegedly brought the father and son to a bedroom, where he assaulted the boy at knifepoint. Upon the boy resisting Colono’s demands, he allegedly stabbed the father 8-10 times in the neck, and 3 times in the back, almost severing his head.

Boston Bank Robber Arrested

Published on: November 4, 2010 | by Lefteris K. Travayiakis, Esq.

Christopher A. Higgins was arrested shortly after allegedly robbing Hyde Park Savings Bank in West Roxbury Wednesday morning with the ‘getaway driver’ being a friend who had no idea he had just robbed the bank.

The Boston Police Department reports that Higgins asked his friend to drive him to Hyde Park Saving Bank so he could cash a check. Once at the West Roxbury Branch on Centre Street, Higgins exited the bank in a rush and told the friend to quickly drive away because he had just been involved in a fight inside the bank.

Boston Police report that Higgins was driven to Shaw’s in Dorchester, and after being dropped off, the unwitting friend was stopped by police. After being questioned by police, the friend provided a Dorchester address for Higgins.

Boston Police Officer Arrested for Domestic Violence: Charged with Assault & Battery

Published on: October 27, 2010 | by Lefteris K. Travayiakis, Esq.

A Boston Police Officer has been charged with two counts of Assault & Battery arising from a domestic altercation that involved his wife and mother-in-law last weekend.

David Marchant, 26, of Dorchester and a patrolman for the Boston Police Department, was arraigned on two charges of Assault & Battery. A not guilty plea was entered at his arraignment, and he was released on $200 cash bail.

According to the Boston Police Department, Marchant allegedly returned home with his wife after a night out and began arguing. As the argument escalated, Marchant allegedly pushed and slapped his wife, at which point his mother-in-law tried to diffuse things. Marchant then allegedly pushed her. The argument between Marchant and his wife allegedly continued to the second floor, and it was reported that he again slapped his wife, which caused her to fall down a flight of stairs. Believing her daughter was unconscious as a result of the fall, the mother-in-law called 911.

Lawrence Man Victim of Carjacking, Then Charged in Attempted Murder

Published on: October 25, 2010 | by Lefteris K. Travayiakis, Esq.

A Lawrence man was the victim of a carjacking earlier this afternoon in Lawrence, Massachusetts. According to the Lawrence Police Department, the man was carjacked by two men known to him, and after the attack, the victim tracked the men down, whom he apparently knew.

When Police found the vehicle, occupied by the two carjacking perpetrators, they discovered the driver, one of the suspects, had been shot in the stomach, allegedly by the victim of the carjacking. The victim of the carjacking is to be charged with Assault with Intent to Murder, Assault with a Dangerous Weapon, Unlawful Possession of a Firearm, Unlawful Possession of Ammunition, and Possession of a Loaded Firearm.

Meanwhile, the two carjacking perpetrators are to be charged with Carjacking and Assault with a Deadly Weapon. All men are expected to be arraigned tomorrow morning in Lawrence District Court on their respective charges.

Framingham Man Indicted for Murdering His Wife

Published on: October 23, 2010 | by Lefteris K. Travayiakis, Esq.

Kyle Alleyne, 25, of Framingham, Massachusetts, was indicted for Murder Charges by a Middlesex County Grand Jury in connection with the death of his wife, Heather Alleyne, 19, whose body was found in the couple’s home on August 9th.

According to the MIddlesex County District Attorney’s Office, Kyle Alleyne has been indicted for First Degree Murder, Assault & Battery, and Reckless Endangerment of a Child.

The body of Heather Alleyne was found on August 9th after her family asked the Framingham Police Department to conduct a well-being check. Police Officers responded to the couple’s apartment and discovered her body, and reported obvious signs of a struggle, blood and an attempted clean up of evidence.