Boston Criminal Lawyers Blog

Boston Federal Prosecutors Allege Russian Spies in Cambridge

Published on: June 28, 2010 | by Lefteris K. Travayiakis, Esq.

Boston Federal prosecutors allege that two Cambridge residents were arrested in a national sweep for allegedly serving as spies for Russian intelligence. 10 other people were arrested as part of the sweep, all alleged spies living across the eastern seaboard. The couple, living in Cambridge as Donald Howard Heathfield and Tracey Lee Ann Foley, were arrested at their home in Cambridge on Sunday.

Both Heathfield and Foley were charged in Boston’s Federal Court with Conspiracy to Act an an Unregistered Agent of a Foreign Government and Conspiracy to Commit Money Laundering.

In their indictment, prosecutors allege that the couple had met with an employee of the U.S. government regarding nuclear weapons research and had discussed a method for sending secret messages to Russian intelligence headquarters in Moscow. As recently at 2006, a search of the couple’s townhouse led to the discovery of traces of deleted electronic messages that were believed to be part of messages that were later sent to Russian headquarters using a process called “steganogrphy” (a process where encrypted data can be placed on images on publicly available websites but without the data being visible to the casual user).

Waltham Man Arrested for Drug Trafficking in Boston

Published on: June 24, 2010 | by Lefteris K. Travayiakis, Esq.

Jesse Bumbaca of Waltham, and Marino Spirakis of Peabody, were arrested last evening for allegedly engaging in a drug transaction involving almost 1,000 oxycodone pills.

The Boston Police Department reports that Drug Officers were investigation a Kingston Street, Boston, address where Bumbaca was allegedly running a drug business. Sometime around 7:00 p.m. last evening, officers report they observed Spirakis park at that address and Bumbaca came out and handed him a black box. There was no indication that the Boston Police Officers could see what was in that black box, nor was there any elaboration as to why they believed that Bumbaca handing Spirakis that black box constituted a drug transaction.

After both men left the area in separate cars, Boston and Massachusetts State Police Officers stopped Bumbaca’s car at the Regatta Hotel in Cambridge. Police Officers seized a backpack containing 950 oxycodone pills, and $8,000. In the meantime, other Boston and Massachusetts State Police Officers stopped Spirakis’ car, seizing the black box which was found to contain $52,000.

Norwood Man Pleads Guilty to String of Armed Robberies

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

Michael Coty, 45, of Norwood, Massachusetts, pled Guilty in U.S. District Court in Boston in connection to three Armed Robberies in Needham, Wellesley and neighboring communities.

Police alleged that Coty and his co-defendant, Dimitri Long, robbed several Boston banks between April and July in 2009. During those robberies, the suspects allegedly wore masks and placed a fake bomb on the tellers’ counters before robbing the banks at gunpoint. Once the fake bomb was in place, the robbers would stage a fake 30 second countdown before the bomb was to go off.

Long has not changed his plea, and is contesting the criminal indictment that charges him with Armed Bank Robbery.

U.S. Citizen Pleads Guilty to Acts of Terrorism in Times Square Bombing

Published on: June 21, 2010 | by Lefteris K. Travayiakis, Esq.

Faisal Shahzad, a Pakistani-born U.S. Citizen, plead guilty today in Manhattan’s Federal Court in connection with the failed Times Square bombing this past May. The 10-count indictment included charges of Conspiracy to Use a Weapon of Mass Destruction; Attempting an Act of Terrorism; and Transportation of an Explosive.

Shahzad is a self-proclaimed “Muslim soldier” who resided in Connecticut and who apparently had no history of support for jihad and was not on the U.S. government’s watch list. It was discovered, however, that he had received ‘terror training’ in Pakistan sometime late in 2009. He told the court that he had traveled to Pakistan to join the Tehrik-e-Taliban extremist group and trained with them for 40 days, with an additional 5 days of explosives training. It was also reported that he had received about $12,000 to help fund the car-bomb attack.

Upon his guilty plea, Shahzad explained that he arrived in Times Square on May 1st sometime after 6:00 p.m. and lit the fuses, hoping the bomb would explode in less than 5 minutes. He also stated that he then walked to Grand Central Station and listened for the bomb to explode. When he didn’t hear anything, he took a train back to Connecticut. Inside the car bomb were several bags of fertilizer, 2 5-gallon gasoline canisters, 152 M-88 fireworks, 3 propane gas canisters and 2 alarm clocks connected to wires.

Roxbury 13-Year-Old Arrested for Armed Robbery

Published on: June 19, 2010 | by Lefteris K. Travayiakis, Esq.

Boston Police Officers responded to a report of “an Armed Robbery in progress” at 10:30 p.m. Thursday evening. Once on scene, police officers met with the victim who reported that six or seven men had tried to rob him of his bike. Once the group of young men surrounded him, the youngest of them, a 13 year old, allegedly demanded the bike and his wallet, while another boy pointed what was alleged to be a gun.

As the Boston Police Officers were speaking to the victim, the 13 year old old allegedly rode another bike near the area, where he was identified as one of the suspects. Although he gave several false names to police officers, his identity was eventually determined and it was also discovered that he several outstanding arrest warrants.

It is not clear whether any gun or weapons were recovered.

Middlesex County District Attorney Reports Thomas Mortimer IV Left Notes Confessing to Winchester Murders

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

New details have emerged regarding the Winchester Murders of a wife, grandmother and two young children in Winchester this week. After the man charged with the Murders, Thomas Mortimer IV, was arrested the other day, Middlesex County prosecutors have revealed that they have discovered two letters, purportedly written by Mortimer, confessing the murders.

The bodies of Mortimer’s two young children, as well as his wife and mother-in-law, were found late Wednesday morning this past week after local authorities conducted a forced entry into the Winchester home at the request of family members concerned for their well-being. Specific details regarding the ‘horrific’ murder scene have not been disclosed, but Middlesex County prosecutors have reported that the four-year old child was lying with his mother; the mother-in-law was found in the living room; and the two year old was found upstairs in her crib.

One letter was reportedly handwritten and left on a coffee table, while the other letter, identical in substance but typed, was found in the kitchen. Paraphrasing the contents of the letters, the Middlesex County District Attorney’s Office reports that Mortimer allegedly wrote that he is responsible for those horrible things, and that his acts were selfish and cowardly. He also wrote that he “murdered my family.”

Accused Winchester Murderer Thomas Mortimer IV Arrested in Western Massachusetts

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

The Middlesex County District Attorney’s Office has confirmed that Thomas Mortimer IV, the man suspected in the Murder of his wife, mother-in-law and two young children in their Wincheser home, was arrested yesterday in the Western Massachusetts town of Bernardston.

On Wednesday, June 16, 2010, after not having been able to get in touch with the family or haven’t heard from them since Sunday, family members called emergency personnel to investigate whether everything was alright in the home. The Winchester Fire Department responded and after breaking down the front door, discovered what has only been described as a gruesome crime scene. No details have been released concerning the condition of the victims, but police and the Middlesex County District Attorney’s Office maintains that the scene is without question, indicative of Murder.

The only household resident that had not been accounted for on Wednesday was Thomas Mortimer. His boss at the Burlington technology consulting firm reported to police that he had called in sick Wednesday morning and that he had not heard from him since. Although Massachusetts State Police and Winchester Police were not calling Mortimer a suspect early on and described only as a person of interest, it was clear by all reports that he was the main target in this murder investigation. In fact, Middlesex County prosecutor had sought and obtained an Arrest Warrant earlier yesterday morning charging him with four counts of Murder.

Massachusetts Governor Proposes Gun Law Reform to Stem Violence

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

In the wake of increased shootings and murders in the Boston area this year, Massachusetts Governor Deval Patrick is pressuring state lawmakers to pass a new gun law bill that would limit gun buyers to one firearm per month. The new bill would also encourage the Massachusetts District Attorney’s Offices to seek to deny bail to those charged with Unlawful Possession of a Firearm; as well as limit the use of certain firearms at gun clubs and shooting ranges.

Unfortunately for Massachusetts’ Governor and those lawmakers in favor of passing such a bill, doing so would do nothing to stem the violence that has plagued the inner city. It is well-documented that the overwhelming majority of, if not all, crimes involving guns are committed with unregistered or illegal firearms. Limiting citizens’ rights of those who have been screened and issued valid gun licenses will have absolutely no impact on curbing inner-city violence.

When someone with a gun license purchases a firearm, he/she is not only checked by the local police department, but also screened through the FBI database. Each time someone buys a gun, the gunshop owner checks with the FBI prior to issuing the gun. Additionally, each gun is designated with a serial number, so even if that person then transfers that gun to another person, it must then be re-registered to that new buyer. A gun owner cannot, for example, buy a gun and simply give it to anyone he wants.

Mattapan Man Charged with Robbery at Boston Movie Theater

Published on: June 15, 2010 | by Lefteris K. Travayiakis, Esq.

Chukuma E. Ajene, 26, of Mattapan, Massachusetts, was arrested this past weekend for allegedly attempting to rob the AMC Lowes Theater on Tremont Street in Boston.

The Boston Police Department reported that Ajene, armed with a gun, allegedly jumped the counter and threatened to shoot everyone in the theater. The incident was apparently captured on the video surveillance system, and nobody was reported to have been harmed.

Ajene is expected to be charged with Armed Robbery, Trespassing, and Gun / Firearms Charges.

What Are the Limits of the Government Interfering with Criminal Prosecutions and the Attorney-Client Relationship?

Published on: June 14, 2010 | by Lefteris K. Travayiakis, Esq.

I was scheduled to begin a trial today in Suffolk Superior Court, which never happened. My client, a woman, had been charged with Trafficking Over 200 grams of Heroin, a Drug Crime which carries a minimum-mandatory sentence of 15 years in state prison.

As insurmountable as the charge might sound, my client actually had an extremely strong defense. The government had no evidence to prove that she had knowledge that the FedEx package that was delivered to her home from India and which was addressed to someone else. Her defense against the Drug Trafficking charge was so strong that, despite her awareness of facing 15 years if she lost at trial, she at all times unequivocally maintained her innocence and rejected several offers by the prosecutor to plead guilty to reduced charges that would not result in jail time.

The prosecutor initially offered to reduce the charge of Trafficking to the lesser offense of Possession With Intent to Distribute (which doesn’t carry a minimum-mandatory sentence) if she agreed to three years’ probation. She said no. More so than anything else, she couldn’t bring herself to change her plea to guilty in open court and admit to something that she didn’t do. She continued to maintain her innocence, even up until the day of trial, when the prosecutor offered just a Guilty finding, without any probation or any committed time so that she would be free to walk out of court that day.