Boston Criminal Defense Lawyer Blog

Domestic Violence Conviction Affirmed despite Questions about Victim’s Credibility and Effective Assistance of Counsel

Published on: March 15, 2023 | by Patrick J. Murphy, Esq.

Domestic violence crimes are commonly charged in Massachusetts, and their prosecution often relies on the testimony of an alleged crime victim. It is more common in domestic violence cases for a victim to change their story as the case progresses. Victims regularly will recant the accusations made against their domestic partner in an effort to prevent the prosecution from going forward. State prosecutors are familiar with this pattern and work to secure enough evidence to support a conviction, even if the victim stops cooperating before a trial. A man recently convicted of domestic violence offenses appealed his conviction, arguing that the inconsistent testimony by the victim did not support the verdict.

The defendant in the recently decided case married the victim in 2009, and the parties were divorced in 2017. According to the facts discussed in the appellate opinion, the victim routinely suffered both physical and sexual abuse by the defendant throughout their relationship, and such abuse was sporadically and partially reported to authorities. Prior to 2015, the victim would make reports about the alleged abuse by the defendant but would then later recant her testimony, even submitting affidavits (drafted by the defendant or his attorney) requesting that the charges be dropped. In 2015, after the victim reported particularly serious injuries caused by the defendant, the current charges were brought.

The defendant stood trial on several charges, including aggravated assault, rape, sexual assault, and witness intimidation. After a trial in which the victim testified, he was convicted of several charges, while he was acquitted of other charges. The defendant appealed his convictions to the Massachusetts Appeals Court, arguing that there was insufficient evidence to support his conviction and that his trial counsel was ineffective. The defendant specifically argued that his attorney should have made several objections to evidence, jury instructions, and the prosecutor’s closing argument at trial. The appellate court found that the defendant’s contentions had some merit; however, the court ultimately affirmed his convictions as the evidence was substantial and any mistakes by his trial attorney were not serious enough to change the outcome of the trial. As a result of the appellate decision, the defendant will be required to serve his sentence.

Defendant in Massachusetts Firearm Case Loses Appeal, Despite Argument Regarding Inadmissibility of Evidence

Published on: February 22, 2023 | by Patrick J. Murphy, Esq.

In a recent case before an appeals court in Massachusetts, the defendant asked the court to reconsider his convictions of unlawful possession of a firearm, unlawful possession of ammunition, and improper storage of a firearm. Originally, the defendant was criminally charged after two police officers found a loaded firearm in his car; he was found guilty after a jury weighed the evidence at trial. On appeal, the defendant argued that the jury should not have heard about other crimes he had committed in the past, since it unnecessarily biased them in their decision-making process. Considering the evidence, the court of appeals disagreed and affirmed the guilty verdict.

Facts of the Case

According to the opinion, two State troopers approached the defendant one afternoon when he was standing outside of a car, looking at the front bumper and making sure everything was working properly. The troopers had received a report that the car’s license plate was registered to another car and that the registration had been revoked because the owner had no insurance. For these reasons, the troopers pulled over and approached the defendant.

As they approached, the troopers noticed a firearm sitting between the driver’s seat and the center console. The defendant immediately admitted that he did not have a license to carry the firearm, and officers took him to the station for questioning.

Massachusetts Appellate Court Affirms Lower Court Motion to Suppress Decision in Illegal Search Case

Published on: February 8, 2023 | by Patrick J. Murphy, Esq.

In a recent Massachusetts appellate court opinion regarding a motion to suppress evidence from an illegal search, the court upheld the trial court granting of the defendant’s motion to suppress, albeit on different grounds. At trial, the judge allowed the motion on the ground that the driver of the vehicle did not commit a traffic violation warranting the stop. The appeals court instead found that the search of the defendant’s wallet was unlawful, and the evidence obtained therefrom was correctly suppressed. The defendant’s ensuing statements and the drugs recovered from his person were fruits of the unlawful search and, as such, were also correctly suppressed.

Facts of the Case

According to the court’s opinion, in the late afternoon of November 20, 2020, members of the State Police gang unit were patrolling downtown Brockton in an unmarked cruiser. The troopers took note of a car parked at a gas station and, after running the license plate, learned it was a rental vehicle. The troopers then decided to follow the car. After following the car for a period of time, the officers activated their emergency lights and stopped the car, purportedly for failure to stop at a red light. Upon approaching the passenger side of the car, the troopers recognized the front seat passenger as the defendant, based on an intelligence bulletin they had received from the Brockton Police Department.

Seeing that the defendant was not wearing his seat belt, the troopers asked him for identification and spotted a large pocketknife in his pocket when he reached for his wallet. They then ordered the defendant out of the car. The officers handcuffed him and conducted a pat frisk, which revealed no weapons. When they again asked the defendant for identification, he stated that it was in his wallet, which he had left on the passenger seat of the car. When an officer retrieved the wallet, he noticed a folded twenty-dollar bill tucked in one of the card slots. Based on his training and experience, he guessed that the bill was used to hide narcotics. The officer then unfolded the bill and found a white powdery substance and asked the defendant if it was fentanyl, to which the defendant replied that it was “coke” or “powder.” The officer then told the defendant that if he voluntarily turned over any more drugs that the troopers would summons him instead of arrest him. The defendant relinquished additional bags of cocaine from his body.

Massachusetts Defendant Asks Court to Reconsider Unfavorable Ruling in Firearms Case

Published on: January 21, 2023 | by Patrick J. Murphy, Esq.

In a recent case before an appeals court in Massachusetts, the defendant argued his motion to suppress incriminating evidence should have been granted by the lower court. According to the defendant, the officer that found a firearm on his person unlawfully searched him, and thus the evidence should not have been considered admissible by the trial court. On appeal, the higher court looked at the case law and ultimately determined that the officer was within his rights when he conducted the search, and that thus the firearm was admissible after all.

Facts of the Case

According to the opinion, police officers were executing a valid search warrant at the home of the defendant’s brother-in-law one evening in September 2018. The officers were investigating the brother-in-law for possession of illegal drugs and firearms, and they did not realize that the defendant also lived at the residence as they conducted their search. The brother-in-law was present for the officers searched his home, and he willingly cooperated throughout the process.

Midway through the officers’ search, the defendant opened the locked front door and walked into the home. One of the officers immediately approached the defendant and grabbed his wrists, afraid that he would be a threat to the rest of the search. While the officer was putting the defendant in handcuffs, he felt an object around the defendant’s waistband and found a firearm.

Massachusetts State Senate Fails to Pass Revenge Porn Bill by Close of 2021-2022 Legislative Session.

Published on: January 11, 2023 | by Patrick J. Murphy, Esq.

The evolving methods of digital communication that Massachusetts residents are using in all aspects of their lives present challenges to lawmakers who want to ensure that state laws criminalize digital harassment and intimidation, as well as the distribution of pornographic materials. Dating in the digital age often includes electronic communications, “sexting,” and the exchange of intimate photos and videos among dating partners and others. While creating and sharing intimate photos and videos is a legally protected and acceptable practice among consenting adults, the rise of “revenge porn” presents a challenge to lawmakers.

Revenge porn includes the distribution by one party of intimate pictures, videos, and other communications which include the other party without their consent. Commonly, revenge porn distribution becomes an issue after a couple has broken up, when a party possessing intimate or embarrassing files involving the other party releases (or threatens to release) the material in an effort to hurt their former partner, or even to coerce them into taking some action.

Forty-eight states in the U.S. have laws on the books specifically criminalizing revenge porn. Massachusetts and South Carolina do not have such laws. Former Governor Charlie Baker made it a priority for the Massachusetts legislature to outlaw revenge porn in the previous legislative session, and the Massachusetts House of Representatives unanimously passed such a bill in May of last year. The State Senate, however, was unable to pass a bill to get to the governor’s desk before the session closed last month.

Massachusetts Court of Appeals Decides Defendant in Assault and Battery Case is Entitled to New Trial

Published on: December 21, 2022 | by Patrick J. Murphy, Esq.

Earlier this month, an appeals court in Massachusetts considered whether a defendant in an assault case should be entitled to a new trial. Originally, the defendant was charged with and convicted of assault and battery on a person over the age of fourteen. Once the defendant appealed, the higher court reconsidered the conviction and decided that the defendant was eligible for a new trial.

Facts of the Case

According to the opinion, the defendant first threatened and then physically harmed the victim in this case in April 2016. The day after the assault occurred, the victim recounted what happened to her friend. Two months later, she decided to report the assault to a detective. The detective investigated the incident, found the defendant, and eventually arrested him on charges of assault and battery.

The case went to trial, and a jury found the defendant guilty as charged. Promptly, the defendant appealed his conviction, asking the higher court to grant him a new trial.

Massachusetts Defendant Loses Appeal in Assault and Battery Case

Published on: December 12, 2022 | by Patrick J. Murphy, Esq.

In a recent case involving assault and battery by a dangerous weapon, the defendant appealed his guilty conviction before the Appeals Court of Massachusetts. On appeal, the defendant argued that the trial judge allowed impermissible testimony from police officers to be submitted at trial, and this testimony made the jury unfairly biased against him. Looking at the record of the case, the higher court ultimately denied the defendant’s appeal and affirmed the original conviction.

Facts of the Case

According to the opinion, the defendant was arrested with one other individual in an alleyway behind a local gym. Apparently, the defendant pulled out a knife while he and the second individual were threatening a third person. The defendant cut the victim’s face, and the victim sustained minor injuries from the incident. Soon after the assault, a police officer came to the scene to arrest both the defendant and the second individual.

The defendant was charged with assault and battery by means of a dangerous weapon. His case went to trial, where a jury found him guilty as charged. Promptly after the verdict, the defendant appealed.

Massachusetts Court Grants Defendant’s Appeal in Drug Case, Citing Ineffective Assistance of Counsel

Published on: December 12, 2022 | by Patrick J. Murphy, Esq.

Earlier this month, a defendant in Massachusetts asked a court of appeals to overturn his conviction for possession of a class B substance with intent to distribute. On appeal, the defendant argued that his previous attorney had not properly advised him of the immigration consequences that he would face if he entered a guilty plea. If he had known these consequences, said the defendant, he would not have pled guilty in the first place. The court of appeals reviewed the defendant’s argument and ultimately agreed with him, reversing the lower court’s verdict as a result.

Facts of the Case

According to the opinion, the defendant came to the United States from Guatemala as a child. Because the defendant’s parents had neglected him in Guatemala, the defendant applied for a special immigration status called “Special Immigration Juvenile” status, which allows immigrants whose parents have mistreated them to gain status in the States.

While the defendant was awaiting a decision from the judge on his Special Immigration Juvenile status case, he was charged with drug possession after an officer found him with crack cocaine. The defendant received a court-appointed attorney to help him navigate the criminal case, and that attorney failed to mention to the defendant that if he pled guilty to the crime, he would no longer be eligible for the Special Immigration Juvenile status he had been working so hard to get.

Massachusetts Court of Appeals Sides with Prosecution in Recent Firearms Case

Published on: November 15, 2022 | by Patrick J. Murphy, Esq.

Earlier this month, a court of appeals in Massachusetts reviewed the Commonwealth’s appeal of a lower court’s order in a firearms case. Originally, the lower court had granted a defendant’s motion to suppress, agreeing with the defendant that police officers had illegally retrieved a firearm from his person when investigating potentially suspicious activity. On appeal, however, the higher court reversed this ruling and decided that the officers were within their rights when they secured the firearm.

Facts of the Case

According to the opinion, police officers were on patrol one evening when they saw a pickup truck driving on the wrong side of the road and turning without using a signal. The officers activated their vehicle’s siren and conducted a traffic stop. As they approached, the officers noticed that there were three individuals in the truck; the passenger in the back of the truck ended up being the defendant in this case.

During the interaction between the officers and the passengers, the defendant began acting nervously. He turned his torso away from the officer and began reaching with one arm toward his leg. The officer ordered the defendant to put his hands on the headrest, but the defendant instead reached again toward his leg. The officer then ordered the defendant out of the truck, conducted a pat frisk, and found a firearm on his person. The defendant was charged with unlawful possession of a firearm.

Massachusetts Criminal Defendant Unsuccessfully Argues for a Reversal Based on Ineffective Assistance of Counsel

Published on: October 28, 2022 | by Patrick J. Murphy, Esq.

Recently, a court of appeals in Massachusetts had to decide whether it agreed with a criminal defendant’s argument that he had been deprived of effective assistance of counsel during his trial. Originally, the defendant was charged with assault and battery on a child under the age of fourteen. A trial court found him guilty, and he promptly appealed the verdict.

Facts of the Case

According to the opinion, investigators in this case became suspicious that the defendant had been improperly communicating with and potentially abusing minors. The victim had written in her diary about incidents of sexual abuse from her dad, who later became the defendant in this case. To figure out if the allegations against the defendant were accurate, investigators retrieved a search warrant from the court and went to look in the defendant’s apartment. While looking around, the investigators found a cell phone with several photos of the child in the nude.

The defendant was charged with several crimes, including assault and battery of a child, posing a child in the nude, and attempting to pose a child in the nude. He was later convicted at trial.