Boston Criminal Defense Lawyer Blog

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.