Boston Criminal Defense Lawyer Blog

A routine trip the doctor's office turned fatal when a disgruntled patient stabbed his psychiatrist during a treatment session and then was shot and killed by an off duty security guard, Paul Langone. According to The Boston Globe, Dr. Astrid Desrosiers, a well respected and well known instructor of psychiatiry at Harvard Medical school, experienced what has been called a "psychiatrists worst nightmare" when patient, Jay Carciero of Reading Massachusetts, stabbed her during an office visit. It is believed that Carciero was being treated by Desrosiers on Staniford Street, where Massachusetts General Hospital leases space for its Bipolar Clinic and Research Program.

According to reports, Langone entered the area an ordered Carciero to drop his weapon. When Carciero refused, the guard shot him in the head. Carciero was pronounced dead at the Massachusetts General Hospital. At this time, it is believed that Langone was properly licensed to carry a gun in Massachusetts.

As the authorities continue to investigate the matter, Langone has been lauded as a hero. In Massachusetts, an individual is allowed to act in self defense or in defense of another. If evidence of self-defense or defense of another is presented, the Commonwealth must prove beyond a reasonable doubt that the defendant did not act in self-defense or in defense of another. For the jury to acquit a defendant when these types of defenses area raised the jury must have a reasonable doubt whether or not the defendant acted in self-defense or in defense of another. Although it does not appear that the security guard will be charged with a criminal offense in this case, defense of another would clearly be a viable defense under these circumstances.

Additionally, it is good that the security guard had a license to carry a firearm. The Massachusetts firearms laws are very strict and a conviction for illegal possession of a firearm carries a minimum mandatory sentence of eighteen months in prison. In the event that an individual is charged with possession of a loaded firearm, the potential penalties are even more severe and are imposed on and after the sentence for the underlying charge.

If you have been charged with a violent crime in Massachusetts or charged with illegal possession of a firearm you must have an experienced lawyer on your side. Depending on the circumstance, a motion to suppress evidence and or statements should be filed that may dispose of the case.

Continue reading " Doctor Stabbed In Massachusetts General Hospital And Reading Suspect Shot And Killed By An Off Duty Security Guard " »

Posted by Kathleen M. McCarthy | Permalink | Email This Post

Posted In: Firearm Offenses , Self Defense , Weapon Offenses

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The Lowell Sun reports that police have charged 21 year old John William Lomax III for the murder of University of Connecticut football player Jasper Howard of Miami. According to reports, Howard was fatally stabbed while on campus at a school sponsored event. He currently faces charges of murder and conspiracy to commit assault. Two other men have also been charged in connection with Howard's death. Hakim Muhammad of Bloomfield has been charged with conspiracy to commit assault and Jamal Tood has been charged with pulling a fire alarm that emptied the dance which is what authorities believe led to the fatal stabbing. Lomaz's attorney maintains that his client is innocent and he was just trying to break up the fight.

In Massachusetts, if convicted for first degree murder a defendant is sentenced to life in prison without the possibility of parole. If you have been charged with any crime in Massachusetts it is important that you have an experienced defense attorney on your side. Pre-trial investigation is crucial to determining the best line of defense early on in the proceedings. For example, in this case interviewing witnesses as close to the event when memories are fresh is imperative to effectively representing the defendant. Although all of the facts are not known at this time, it appears that a defense of misidentification, self defense or defense of another would be viable areas to peruse to appropriately represent this defendant.

Continue reading " Man Arrested And Charged With Murder And Related Offenses In The Stabbing Death Of University Of Connecticut Football Player " »

Posted by Kathleen M. McCarthy | Permalink | Email This Post

Posted In: Self Defense , Weapon Offenses

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On October 13, 1989 a Suffolk County jury convicted Shawn Drumgold from Dorchester Massachusetts for the murder of twelve year old Darlene Tiffany Moore. Following Drumgold's conviction and direct appeal Drumgold walked out of prison on November 6, 2003 after the Suffolk County District Attorney's Office agreed that he did not receive a fair trial. According to The Boston Globe a U.S. Jury awarded Drumgold $14 million dollars plus interest because the jurors believed that now retired Boston Police Detective Timothy Callahan violated Drumgold's civil rights by concealing that he had housed, fed and paid one of the key prosecution witnesses. The Globe reports that the jury only deliberated for about forty five minutes before finding Callahan liable. Another jury will determine whether the city of Boston should pay the damages. That trial is currently scheduled for December.

The Drumgold case highlights the importance of a thorough pre-trial investigation and the importance of filing relevant discovery motions for any Massachusetts criminal trial. An experienced Massachusetts defense attorney knows the appropriate motions to file in order to garner all the ammunition necessary to secure a favorable result.

Continue reading " Federal Jury Awards Shawn Drumgold From Dorchester Massachusetts Fourteen Million Dollars For Wrongful Conviction " »

Posted by Kathleen M. McCarthy | Permalink | Email This Post

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The Lawrence Eagle Tribune reports that there have been a string of purses stolen from parked cars around Lawrence cemeteries. A woman reported that while visiting her mother's grave a female approached her car asking for directions then stole her pocketbook. The police claim that there have been four similar purse thefts in Lawrence cemeteries including Elmwood Cemetery.

Although the crime may appear minor to the perpetrators, an individual will likely be charged with a felony offense of larceny over $250.00 for committing this type of act. In Massachusetts, the government must prove that a defendant stole the item and had a specific intent to permanently deprive the owner of her property, in this case a purse. Furthermore, the item must be valued at over $250.00. The offense is considered a felony because a defendant can receive a state prison sentence if he or she is convicted. If the Commonwealth proceeds against a defendant in district court he or she may receive up to two and one half years in jail if convicted.

If you or a loved one is charged with this type of crime, you must have an experienced Massachusetts lawyer on your side to ensure all of your rights are protected.

Continue reading " String Of Purse Thefts At Lawrence Cemeteries Put Mourners On High Alert " »

Posted by Kathleen M. McCarthy | Permalink | Email This Post

Posted In: Property Crimes

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Twenty six year old Christian Negron remains in a coma at a Boston area hospital as a result of a brutal beating with what the police believe was a metal baseball bat. The last post indicated that the police had not apprehended anyone in connection with that beating and robbery. However, The Lawrence Eagle Tribune reports today that Juan Melendez's mother told police that her son confessed to "his crime and threatened to kill himself." According to reports, Alexander Pardella was also involved in the attack in which the perpetrators took money and a cell phone. The defendant appeared in the Lawrence District Court and was held without bail.

At this point, it appears that the government will proceed against the two perpetrators as "joint venturers" and claim that they acted together to commit these crimes. Based on reports at this time, it appears that Pardella struck Negron before taking the cell phone and money. In order to obtain a conviction against Melendez the Commonwealth would have to prove beyond a reasonable doubt that that he was ready, willing and able to assist Pardella in committing these crimes.

In Massachusetts, the government often proceeds against multiple defendants under this "joint venture" theory of culpability. Although merely being present at the scene of a crime is not enough to demonstrate joint venture it is a factor that a jury can consider during deliberations to determine whethere a defendant is liable as a participant in the crime.

Continue reading " Methuen Massachusetts Man Charged In Connection With Brutal Attack On Lawrence Massachusetts Man " »

Posted by Kathleen M. McCarthy | Permalink | Email This Post

Posted In: Assault and Battery By Means Of A Dangerous Weapon

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A twenty-six year old man was attacked by perpetrators yielding metal baseball bats in Lawrence Massachusetts. According to The Lawrence Eagle Tribune, police responded to a call for a fight in the area of Green Street in Lawrence on Wednesday October 7th and found a man who had been beaten with baseball bats and robbed of a cell phone. A witness reported that the culprits, ". . . just robbed him and hit him with baseball bats" and left the man bleeding on the streets. The witness called for an ambulance however, the victim could not describe his attackers because he was attacked from behind. The victim is in critical but stable condition at Boston area hospital. The authorities have declined to indicate whether the attack was gang related.

In the event that the perpetrators are apprehended they will likely be charged with assault with intent to murder, assault and battery by means of a dangerous weapon, armed robbery and assault and battery. Based on the facts known at this time, in view of the fact that there has not been any identification in the days since the incident, a defense of mistaken identify may be a viable defense. Although all of the facts are not known at this time, it does not appear that a claim of self-defense would be available because of the reports that witnesses saw the man being beaten and robbed of his cell phone. In Massachusetts, once a defendant raises a claim of self defense the government must prove beyond a reasonable doubt that the defendant did not act in self defense. A decision of whether to peruse this type of defense cannot be made until a thorough pre-trial investigation has been conducted.

Continue reading " Twenty-Six Year Old Man Robbed And Beaten In Lawrence Massachusetts " »

Posted by Kathleen M. McCarthy | Permalink | Email This Post

Posted In: Assault and Battery

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A Dorchester District Court Judge denied the request of a female Boston Police Officer to extend a temporary restraining order issued against a male colleague. According to The Boston Herald, the female officer claimed that the fellow officer raped her back in August when they attended a shooting competition in Connecticut and shared a hotel room. Boston.com reports that during the hearing the woman claimed that she was raped three times on August 25th in a hotel room that she shared with two other officers. According to reports, she reported the rape after determining that she was pregnant and that the defendant could be the father of the baby.

The plaintiff testified that despite her position that she is in fear of the defendant, she sent over 100 text messages to him following the alleged rapes. Additionally, she admitted that after the alleged incidents she requested to be transferred to the Special Operations Unit where the defendant was working. Although all of the facts of this case are not known, the obvious question is, if she was fearful of the defendant, why did she want to be transferred to his unit?

In Massachusetts M.G.L.c. 209A states that a person "suffering from abuse" by a "family or household member" may seek protection from such abuse by application to the court for an order requiring the defendant (among other measures) to refrain from abusing or contacting the victim. "Abuse" is defined by the statute as acts "(a) attempting to cause or causing physical harm; (b) placing another in fear of imminent serious physical harm; or (c) causing another to engage involuntarily in sexual relations by force, threat or duress." In deciding whether to issue such a c. 209A order, a judge must consider carefully whether serious physical harm is imminent. "Generalized apprehension, nervousness, feeling aggravated or hassled, i.e., psychological distress from vexing but nonphysical intercourse, when there is no threat of imminent serious physical harm, does not rise to the level of fear of imminent serious physical harm." Criminal cases that result from an alleged violation of a restraining order are often categorized as cases of domestic violence.

According to the Boston Herald, in this case the judge held that the plaintiff could not establish the type of "relationship" that is required by the statute to extend the order. It also appears, that based on these facts, the plaintiff really did not fear the defendant because she continued to contact him. Also, the fact that the alleged incident occurred over a month ago could impugn her position that she was in fear of "imminent" physical harm.

Continue reading " Dorchester District Court Judge Vacates Temporary Restraining Order Against Boston Police Officer " »

Posted by Kathleen M. McCarthy | Permalink | Email This Post

Posted In: Restraining Order

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