Boston Criminal Lawyers Blog

Court Documents Admitted in Drunk Driving Trial Not Violative of Sixth Amendment’s Right to Confrontation

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

If you have been following this blog, you have seen several recent posts about criminal convictions being reversed as a result of the Melendez-Diaz and Crawford decisions. These decisions have dramatically changed the landscape of permissible ‘testimonial’ evidence against a defendant at trial, but the scope of these decisions is limited.

In the recent case of Commonwealth v. Dale McMullin, the Massachusetts Supreme Judicial Court pulled the reigns, so to speak, on the scope of Melendez-Diaz. The criminal defendant in this case was charged with several drunk driving related offenses, including Operating of a Motor Vehicle While Under the Influence of Liquor, Fourth Offense (M.G.L. c. 90, section 24(1)(a)(1); Operating After Suspension, Second Offense (M.G.L. c. 90, section 23); and Failure to Stop for a Police Officer (M.G.L. c. 90, section 25). After his criminal conviction, the defendant appealed challenging the admissibility, competency and sufficiency of the public records used to establish his prior convictions.

Although the defendant acknowledged that the admissibility of Registry of Motor Vehicle records was permitted by Commonwealth v. Maloney, he argued that the Maloney decision was based on the Confrontation Clause analysis in Commonwealth v. Verde, which was later overturned by Melendez-Diaz.

Drug Conviction Overturned for Constitutional Violation

Published on: April 3, 2010 | by Lefteris K. Travayiakis, Esq.

In the recent case of Commonwealth v. Jorge Vasquez, Massachusetts Supreme Judicial Court recently overturned the conviction of the defendant, who had been tried and convicted of Possession of Cocaine, as well as Distribution of Cocaine. Despite his criminal defense lawyer’s failing to object at trial to the admission of the Massachusetts State Police Crime Laboratory Certificates of Drug Analysis, the Supreme Judicial Court still reversed his convictions as a result of his being deprive of his Right to Confrontation under the Sixth Amendment to the United States Constitution.

At his criminal trial, the prosecutor did not call the Massachusetts State Police Crime Analyst at trial, but simply admitted the ‘Drug Certificates’. The Drug Certificates were signed by the analyst, but the court found a Sixth Amendment violation because the defendant had no opportunity to cross-examine the drug analyst. Although this was the preferred practice not too long ago, in the recent case of Melendez-Diaz, the United States Supreme Court ruled that drug certificates are testimonial in nature whose admission into evidence against a criminal defendant triggers the protections of the Sixth Amendment Right to Confrontation.

The Massachusetts Supreme Court further ruled that, without the admission of the Drug Certificates or testimony certifying the seized substances were, in fact, cocaine, the defendant’s convictions on the charges could not stand and must be reversed. Although there was evidence that the ‘substances’ were “consistent with cocaine” and testimony from police officers relating to the likeness of the substances with cocaine, this was simply circumstantial evidence. Although a conviction can stand on only circumstantial evidence, the convictions in this case had to be reversed because the court could not say whether a jury would still have convicted had the improperly introduced Drug Certificates not been introduced.

Massachusetts Supreme Court Rejects Challenge for Gun Rights

Published on: March 31, 2010 | by Lefteris K. Travayiakis, Esq.

In the case of Commonwealth v. Jason Loadholt, the Massachusetts Supreme Court ruled on whether a defendant’s criminal prosecution for Unlawful Possession of a Firearm and Ammunition is violative of a person’s ‘right to bear arms’ as guaranteed by the Second Amendment to the United States Constitution.

In his appeal to the SJC for his Gun/Firearms Charges, the defendant claimed that Massachusetts could not prosecute him for the various gun and ammunitions charges for not first having obtained a Firearms Identification Card because the United States Constitution guaranteed him, via the Second Amendment, his ‘Right to Bear Arms’.

In rejecting the defendant’s Constitutional claims in his appeal, the Massachusetts Supreme Judicial Court reasoned, citing United States v. Cruikshank, that the Second Amendment “does not by its own force apply to anyone other than the Federal Government.” Rather, the Second Amendment means that it shall not be infringed any further by Congress, as opposed to the States. The Court explained that the Second Amendment “is one of the amendments that has no other effect than to restrict the powers of the national government.”

2nd Mistrial in Suffolk County Murder Trial

Published on: March 30, 2010 | by Lefteris K. Travayiakis, Esq.

Another mistrial was declared yesterday in the murder trial of Antwan Carter and Daniel Pinckney, Jr. yesterday for the killing of Cedirick Steele, 18, in March of 2007. The Suffolk County Jurors who had been deliberating for over a week told the judge they were hopelessly deadlocked against reaching a unanimous verdict.

The key witness for the Commonwealth of Massachusetts, Latoya Dickson, had testified before a Suffolk County Grand Jury and against the two defendant’s in their first murder trial. During this, the second, trial, Dickson recanted her previous testimony.

Boston Criminal Attorney Lefteris K. Travayiakis handles all criminal matters, from simple misdemeanors to major felonies, and has a proven track record of acquittals after jury trial.

Defendant’s Conviction for Dissemination of Obscene Material Reversed

Published on: March 29, 2010 | by Lefteris K. Travayiakis, Esq.

The Massachusetts Supreme Judicial Court recently decided the case of Commonwealth v. Kereakoglow, and reversed the defendant’s conviction after jury trial on the criminal charges of Possession with Intent to Disseminate Material Harmful to Minors, in violation of Massachusetts General Laws Chapter 272, Section 28.

The defendant, residing in South Hadley (Hampshire County), allegedly sent three nude images of himself via e-mail to a police officer posing online as a fifteen year old girl living in Wenham (Essex County). The criminal offense of Possession with Intent to Disseminate Material Harmful to Minors requires the prosecutor to prove to the jury that the material was “harmful to minors.” Massachusetts General Laws Chapter 272, Section 31 defines material that is harmful to minors as material that is “obscene” or if taken as a whole:

rerpesents sexual images so as to appeal to the prurient interest of minors;
is patently contrary to the prevailing standards of adults in the county where the offense was committed; and

FBI Investigating Bank Robberies in Boston Area Suburbs

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

In the latest in a string of Bank Robberies over the past several days, the Boston’s FBI Office has taken the lead in the investigation. In the latest bank robbery, which occurred this past Tuesday in Rockland, a man in his early twenties robbed the South Coastal Bank and displayed an explosive-looking device taped to his chest.

According to the Rockland Police Department, the suspect threatened to “blow something up” if he wasn’t given the money. It’s unclear whether the device was actually explosives, but the man did manage to escape with an undisclosed amount of cash. Boston’s FBI Office believes that this Rockland bank robbery may be related to the Sovereign Bank robbery in Norwell.

Though the Boston FBI is not yet saying that these bank robberies are all related, they are also investigating several other bank robberies that occurred in Stoughton, Hanover, and Milton.

Convicted Feline Felon Arrested in East Boston on Drug Trafficking Charges

Published on: March 26, 2010 | by Lefteris K. Travayiakis, Esq.

If you don’t remember the name Luigi Epifania, it’s because he was known around Boston as the “Cat Killer”. In 2008, Epifania was found guilty of strangling and stomping a cat to death, putting it in a bag, lighting it on fire and then throwing it into an apartment building. At the time when that case arose, he was awaiting trial on Attempted Murder charges for stabbing a man and then beating him with a frying pan during a drug deal gone bad.

Now, Epifania was again arrested by Boston Police in East Boston for Trafficking OxyContin. The Boston Police Department reports that he was spotted by drug offices in East Boston, who followed him and observed him engage in a drug transaction.

At the time of this most recent arrest, Epifania was on probation for his previous 2008 criminal cases. At that time, he had been sentenced to 2.5 years in jail for the Cruelty to Animal charge; and 5 years’ probation for the attempted murder charge. Epifania could also be charged with Violation of Probation as a result of this newest criminal charge.

Massachusetts Supreme Court Rules Homeless Shelters Entitled to 4th Amendment Privacy Protections

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

The Massachusetts Supreme Judicial Court’s recent decision of Commonwealth v. Porter P., a juvenile, focused on whether a person temporarily staying in room in a homeless transitional center is entitled to a ‘reasonable expectation of privacy’ against unlawful searches and searches. The Massachusetts Supreme Judicial Court, in a 5-2 decision, ruled that they do!

By way of background, the juvenile defendant and his mother had moved into a room at the Roxbury Multi-Service Center Family House Shelter in March 2006, which provides temporary housing for homeless families and assists them towards securing a permanent home. A few months later, the shelter’s director heard rumors that the juvenile defendant had a gun and then contacted the Boston Police Department. The next morning, five Boston Police Officers arrived at the shelter, and with the permission from the Roxbury shelter’s directors, searched the juvenile’s room and found a .40 caliber Glock firearm. The juvenile was immediately arrested for Unlawful Possession of a Firearm; Unlawful Possession of Ammunition; and Delinquency.

The Massachusetts Supreme Judicial Court, in ruling for the juvenile defendant, found that

“the room that the juvenile and his mother shared at the shelter was a transitional living space, but it was nonetheless their home…”.

As a result, they had a reasonable expectation of privacy in their ‘home’ at the shelter, and the Boston Police Officers’ search, without a warrant or consent by them, was violative of their 4th Amendment Right to be secure from unreasonable searches and seizures.

Boston Ranked Amongst Most Vulnerable Cities for Cyber-Crimes

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

In a recent study by the data security firm Symantec Corporation, Boston ranked as the No. 2 worst city for Cyber/Internet Crimes city in America, narrowly missing the top spot, which was taken by Seattle.

According to the Cyber-Crime Report, the high concentration of “spam zombies” (computers taken over by outside hackers to send out spam) and Boston’s numerous unsecured WiFi hotspots makes Boston particularly vulnerable to Cyber Crime attacks. Although large-scale cyber crime attacks are far between, the smaller-scale attacks on computer users and businesses using unsecured WiFi networks is on the high end.

Cyber/Internet Crimes can lead to a wide variety of criminal charges aside from ‘spamming.’ Other common Cyber/Internet Crimes include Identity Theft, Fraud, Larceny, Embezzlement, and even Sex Crimes.

Marblehead Teen Charged with Vehicular Homicide in Death of Salem Woman

Published on: March 22, 2010 | by Lefteris K. Travayiakis, Esq.

Christopher Maxson, 19, of Marblehead, was arrested last night after he collided with a car on Eastern Avenue in Lynn and then struck several parked cars before rolling over. As a result of the crash, Julia Gauthier, 19, of Salem, was ejected from the sunroof and died from her injuries.

Maxson was arraigned today in Lynn District Court on various drunk driving charges, including Reckless Operation of a Vehicle and Motor Vehicle Homicide.

The Lynn Police Department responded to reports of a motor vehicle crash with injuries at Eastern Avenue and Glenwood Street in Lynn, near the Swampscott line, at 1:00 a.m. Besides, Maxson and Gauthier, there were two other passengers in the vehicle.