Boston Criminal Lawyers Blog

Evidence of Gang Affiliation in Massachusetts Criminal Jury Trials

Published on: July 8, 2013 | by Lefteris K. Travayiakis, Esq.

In Commonwealth v. Akara, the Massachusetts Supreme Judicial Court considered whether evidence of a defendant’s “gang affiliation” was properly admissible in his murder trial on a theory of joint venture.

In that case, the defendant was charged as a joint venturer in the murder of Philip Gadsden at an MBTA station.

At trial, the government introduced evidence of the defendant’s gang affiliation through the testimony of a Boston Police Officer. The officer testified that the Boston Police Department classifies any group or association of four or more people who call themselves by a group name and have various identifying signs, symbols or clothing. At trial, witnesses testified that the defendants were associated with a particular gang, but there was no evidence of any specific criminal activity by this gang other than alleged vandalism.

Can Police Use a Drug-Sniffing Dog Outside a Home Without a Warrant?

Published on: July 6, 2013 | by Lefteris K. Travayiakis, Esq.

In the recent decision in Florida v. Jardines, the United States Supreme Court considered whether police could lawfully use a drug sniffing dog to search a the curtilage of a person’s home.

In a unanimous decision, the United States Supreme Court held that law enforcement must apply for and obtain a search warrant before they can enter the private property of a person for the purposes of gathering evidence of a crime.

In this particular case, after receiving a tip, the police conducted surveillance of the defendant’s home. Officers eventually approached the house with a drug-sniffing canine dog, who sniffed the defendant’s porch area and front door. After the canine signaled positive for drugs, the police used that information and applied for a search warrant and eventually arrested the defendant for drug trafficking.

Speedy Trial Issues in Massachusetts Criminal Cases

Published on: July 3, 2013 | by Lefteris K. Travayiakis, Esq.

The Massachusetts Rules of Criminal Procedure establish time limitations as to when a criminal defendant is charged and to be brought to trial, and these protections are guaranteed in the United States Constitution and the Massachusetts Declaration of Rights.

But in many criminal cases, there are a variety of delays that often occur. Delays can result from simple discovery or evidentiary issues; witness issues; or in some cases, neglect.

By way of background, defendants are protected from potential criminal charges through the Statute of Limitations or where the initiation of criminal charges are delayed. By statute. Massachusetts General Laws Chapter 277, Section 63, many felonies must be charged within 10 or 15 years from the date of the commission of the alleged crime. The exception is murder, however, for which there is no statute of limitation. By contrast, most misdemeanor offenses must be charged within 6 years from the alleged commission of the crime.

Medford Northeastern Student Charged with Boston Attack on Women

Published on: June 21, 2013 | by Lefteris K. Travayiakis, Esq.

A Northeastern student was recently charged with various Massachusetts Crimes of Violence against two women in Boston in separate incidents.

The student, who is from Medford, was charged in Roxbury District Court last week with Assault with Intent to Rape, Armed Robbery, and Assault & Battery with a Dangerous Weapon. In this incident, the student is alleged to have jumped out of bushes and attacked a woman, threatening to rape her while trying to remove her clothes. The woman reportedly suffered wounds to her hand and her leg and reported that the student used a knife in this attack.

In another incident occurred later that same evening, the student allegedly knocked another woman over and tried to rape her. He was charged in connection with that incident in West Roxbury District Court with Assault with Intent to Rape.

Boston Man Charged with Provincetown Rape

Published on: June 14, 2013 | by Lefteris K. Travayiakis, Esq.

A Boston man was charged this past week with various Massachusetts Sex Crimes Charges involving the alleged sexual assault of a woman in Provincetown on Cape Cod.

The defendant was charged in Orleans District Court with Rape, Indecent Assault & Battery and Distribution of Drugs.

Rape in Massachusetts is defined as the natural or unnatural sexual intercourse with another person by force and against that person’s will, and is punishable by up to 20 years in state prison.

Lowell Father Charged with Assaulting 2 Month Old Son

Published on: May 21, 2013 | by Lefteris K. Travayiakis, Esq.

A Lowell father was arraigned in Lowell District Court last week on Massachusetts Violent Crimes Charges for allegedly assaulting his two month old infant.

The defendant, Christopher Berry, was formally arraigned on Aggravated Assault & Battery charges, but that charge could be upgraded if the child succumbs to its injuries. He was held on $500,000 cash bail.

According to the Middlesex County District Attorney’s Office, the defendant was caring for the infant when, over apparent frustration, allegedly violently shook the baby for as many as 30 seconds. Prosecutors believe that the infant suffered grave brain injuries and it is not known at this time if it will survive. Prosecutors do not believe the child’s injuries are consistent with accidental trauma.

Massachusetts Pastor Charged with Rape of a Child

Published on: May 16, 2013 | by Lefteris K. Travayiakis, Esq.

A Lynn priest was arraigned in Lynn District Court on various Massachusetts Sexual Assault Charges for allegedly sexually molesting over several years.

The defendant, Daniel Lopez, was a priest at the Vida Real Internacional Congregation in Lynn. The Essex County District Attorney’s Office alleges that between 2004 and 2008, he sexually assaulted several children who were younger than 9 years old. During that time, he is also alleged to have raped one of those children.

The defendant was arraigned in Lynn District Court and charged with several counts of Indecent Assault & Battery on a Child Under 14 and Rape of a Child by Force.

2nd Suspect Charged with Massachusetts Murder in Dorchester Stabbing

Published on: April 20, 2013 | by Lefteris K. Travayiakis, Esq.

A second defendant was charged with Murder in connection to the October stabbing death of Cherby Lajoie in Dorchester, Massachusetts.

The female defendant, Tarayiah Hunt, 21, of Dorchester, was formally arraigned in the Dorchester Division of the Boston Municipal Court recently and charged with murder.

The victim in this case, Cherby Lajoie, was found on on Charles Street on October 6th just after 1:00 a.m. suffering from 37 stab wounds and was pronounced dead at the scene.

Lowell Fugitive Arrested and Charged in 2011 Home Invasion

Published on: April 20, 2013 | by Lefteris K. Travayiakis, Esq.

A man who used to reside in Lowell was arrested on a fugitive warrant in New York and returned to Massachusetts to face Violent Crime Charges relative to a 2011 home invasion in Lowell.

The defendant, Samuel Merced, 22, was arraigned in Lowell District Court and charged with Home Invasion, Assault & Battery, Intimidation of a Witness, Malicious Destruction of Property and Violation of Abuse Prevention Order.

According to the Lowell Police Department and the Middlesex County District Attorney’s Office, the defendant allegedly assaulted his pregnant ex-girlfriend in the summer of 2011, grabbing her by the jaw and threatening her with a knife. At the time, there was reportedly an active restraining order in place.

Framingham Man Charged in Rape of 15 Year Old Girl

Published on: April 17, 2013 | by Lefteris K. Travayiakis, Esq.

A 19 year old Framingham man was arrested on various Massachusetts Sex Crimes Charges for allegedly raping a 15 year old girl after she got off the school bus.

The defendant was charged with Aggravated Rape of a Child, Indecent Assault & Battery and Kidnapping.

According to the Middlesex County District Attorney’s Office, the defendant allegedly accosted the girl after she got off the school bus and forcibly led her into the woods at knifepoint where he raped her. Prosecutors do not believe that the girl knew the defendant and that the incident appeared to be a random attack.