Man wrongly accused of sexual assault in Boston Municipal Court demands an apology

April 10, 2014,

Ross Currier, 26, an accountant was seen in the North end of Boston playing basketball by a woman who had been recently sexually assaulted. She told police that she was 90 to 95% sure that he was the man who assaulted her. Currier was arrested and charged with sexual assault, he was released on bail and forced to wear a GPS bracelet on his leg this past month.

It was only after his alibi checked out through independent witnesses that the prosecutor agreed that they had arrested the wrong man. The case was dismissed in Boston Municipal Court and Currier made a statement to the press requesting someone take responsibility for what happened and apologize.

This incident is a strong reminder of how eye witnesses and victims can misidentify a suspect very easily. What happens in a traumatic moment can be remembered far differently than what actually occurred. Our brains process and remember sensory input differently and memory accuracy is affected by stress and anxiety.

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9 Alarm fire in Back Bay brownstone in Boston claims two firefighter's lives

March 28, 2014,

Lieut. Edward Walsh and firefighter Michael Kennedy were killed battling a large fire which started in the basement of a brownstone and spread quickly to the upper levels of the building.

The fire is still being investigated and cause at this time remains unknown. A large explosion occurred as the fire grew and high winds accelerated the spread of fire.

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Lieutenant of the Ludlow Police Department is charged with stealing drugs out of the evidence locker

March 12, 2014,

Lt. Thomas Foye was recently indicted related to charges that he took drugs from narcotics locker at the police station.

He is charged with tampering with evidence, theft of drugs from a dispensary as well as cocaine possession.

Police department's manner of logging in and warehousing evidence has long been criticized as overdue for better procedures to ensure chain of custody and security of the evidence.

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Victor Gerena, 35, died today while cleaning a large machine in a New Bedford seafood plant

January 17, 2014,

Early this morning while cleaning a large shucking machine, Mr. Gerena became entangled in a rotary turbine engine. The fire department had to partially dismantle the machine to free Mr. Gerena, he was pronounced dead at the scene.

An investigation has been opened by the occupational safety and health administration (OSHA); investigators interviewed witnesses and gathered information this morning. The investigation is expected to take several weeks.

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Kate Corbett a chemist at the same state laboratory as Annie Dookhan was fired for falsifying her educational background

November 26, 2013,

Kate Corbett claimed to have a degree from Merrimack College in chemistry, her degree was actually in sociology. She claims that she was under the impression she had taken enough chemistry classes to also qualify for a chemistry degree. Although she is not accused of having falsified testing results it is clear that as early as August of this year she testified in establishing herself as an expert that she did have a bachelors in chemistry.

Those defendants who were convicted of a drug offense including drug trafficking and possession with Kate Corbett as the testifying chemist have grounds to file a motion for new trial based on misleading testimony related to her background.

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Recent Supreme Judicial Court(SJC) decisions help clarify the new law which decriminalizes possession of an ounce or less of marijuana

April 6, 2013,

The new law which makes it legal to possess an ounce or less of marijuana for personal use has left many confused as to what is legal when it comes to possessing or using marijuana. Possession of any amount of marijuana with the intent to distribute is still a crime. Growing marijuana in any amount is still a crime. Possession of drug paraphernalia, such as a pipe, grinder or any other type of smoking device when possessed with marijuana is still a crime.

The supreme judicial Court has recently decided a some cases which help clarify some gray areas that existed.

The first case involved the police searching the backpack of a young man after witnessing him share a marijuana joint with others in public. The District Attorney's Office argued that the police had the right to search the backpack without a warrant based on their observations of him sharing marijuana with others. The Supreme Court ruled the search of the backpack without a warrant was illegal. The ruling makes it clear that sharing a joint with others is not considered distribution of marijuana and that such an offense is merely a civil infraction which does not open the door for the police to search a person or his property further. So this means that police are limited in their ability to search when encountering a civil marijuana infraction. As a side note approximately 23 grams of marijuana was found in the backpack which is less than an ounce, but the marijuana was packaged in ten small baggies leading the police to charge possession with the intent distribute. Evidence used by police to prove intent to distribute is usually the amount of drugs, manner in which it is packaged, large amounts of currency or cell phones/beepers, scales, baggies or any other evidence of distribution.

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Boston woman arrested for armed robbery using a syringe

January 2, 2013,

On December 17 female entered a secondhand clothing store and threatened the cashier with a syringe if she did not receive all the cash in the drawer.

This happened at a store called second time around located on Newbury Street.

On December 29 police officers spotted the woman who was suspected of having committed this robbery in the South End of Boston in the area of E. Berkeley St. and Shawmut Avenue. Her name is Sheila King and she now faces charges of armed robbery.

Armed robbery can be committed with more than just Gun. Any weapon which can cause harm if used during a robbery can lead to an armed robbery charge.

Frank Fernandez is a Boston criminal lawyer who has represented clients charged with armed robbery, receiving stolen property, larceny over $250 as well as a variety of other theft related charges.


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Boston Paramedic accused of stealing painkillers and sedatives from ambulances

November 26, 2012,

A Boston paramedic has pleaded not guilty to stealing painkillers and sedatives which he allegedly took from ambulances that he worked in. Benoit was charged with 73 counts of stealing drugs in Suffolk Superior Court. It's alleged that during the summer of 2011 painkillers and sedatives intended for patients were taken from ambulances and in some cases replaced with other types of liquids.

Cases like these are treated seriously in that there is a breach of trust and especially when it involves the medical field and the treatment of patients.

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State drug lab closed due to mishandling of evidence and potential cover-up

September 5, 2012,

A state drug lab responsible for testing illegal drugs seized from defendant's was closed because of mishandling of evidence by chemists.

Thousands of cases both pending and closed can be affected by this misconduct. It appears at least one chemist falsified data related to drug analysis and testing which calls into question the results of drug tests related to thousands of cases.

Defendants convicted and serving sentences for drug related cases have reason to file motions to vacate and reopen their cases. All types of cases involving drugs such as heroin, cocaine, as well as many other street drugs may have been compromised because of this breach.

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Massachusetts Supreme Court ruled today the distribution of marijuana can involve less than an ounce

February 13, 2012,

Possession of less than an ounce of marijuana in Massachusetts for personal use has been decriminalized since 2008. To possess less than an ounce of marijuana for personal use is now a civil offense and would subject you to $100 fine.

Possession with the intent to distribute marijuana or the sale of marijuana is still considered illegal. Just today the Supreme Court of Massachusetts decided a case which involve less than an ounce of marijuana in relation to a charge of possession with intent to distribute. The accused in this case was found to be in possession of a few baggies of marijuana totaling less than 6 grams. A District Court judge dismissed the case based on arguments that the decriminalization of less than an ounce of marijuana also applied to possession with intent distribute less than an ounce of marijuana. Prosecutors appealed the case and now the Supreme Court of Massachusetts has agreed with the Commonwealth in that possession with intent to distribute marijuana no matter what the amount is still a criminal offense.

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Salem police are seeking a man from Jamaica Plain who beat his girlfriend and dragged her in his car

December 30, 2011,

On December 29, 2011 Salem Massachusetts a young couple was an argument while driving down Federal Street witnesses say the man began to beat his 18-year-old girlfriend in the car. When someone approached the vehicle to help the young woman tried to exit the car and got her legs stuck on the seat the driver took off dragging his girlfriend 400 feet down the road.

The woman eventually broke free the man drove over her left arm breaking it. Soon police found the woman with visible injuries on her face and road rash on her right side, her left arm was broken.

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Somerville man accused of sexually assaulting three women

November 18, 2011,

Alfredo R Posada, 22, of Somerville was held without bail in Somerville District Court pending a dangerousness hearing to be held on Tuesday. Posada is charged with one count of assault to rape and two counts of indecent assault and battery.

It's alleged that Posada groped three women in late-night attacks in Somerville. He is said to have followed each woman before attacking them from behind, each woman was walking alone at the time.

Frank Fernandez is a Somerville criminal defense attorney who handles sexual assault cases

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66 pounds of cocaine seized in Chelsea two men arrested, another man arrested after 40 pounds of cocaine and 29 pounds of heroin discovered after a traffic stop in Dorchester

October 22, 2011,

On Thursday as a result of an ongoing investigation two men from California were arrested after police discovered 66 pounds of cocaine in their tractor-trailer unit in Chelsea.

The two men arrested in Chelsea were from California and were brought to the Chelsea District Court on Friday. They are each charged with trafficking in cocaine and conspiracy to violate the state's drug laws. Trafficking in this amount of cocaine carries a 15 year mandatory minimum sentence if convicted.

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A Mashpee firefighter was charged in Falmouth District Court with rape and indecent assault and battery

October 7, 2011,

Stephen P. Bold was arrested by the Mashpee police on Wednesday on charges of rape and indecent assault and battery. The police did not provide specifics about the allegations but we know it's related to a female who is not a member of his family.

The charges of rape and indecent assault and battery are not alleged to have happened while he was on duty as a firefighter but rather at some point while off duty. Bold has been honored for his work as a paramedic and firefighter, is been part of the force for over 20 years.

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A native of Mexico was arrested in Boxborough Massachusetts for a sixth offense of operating under the influence of alcohol (OUI) he was also wanted related to an order for removal by immigration since he is here illegally

October 5, 2011,

Eduardo Torres, 48, of Marlboro, was pulled over Saturday morning, September 24, for an expired inspection sticker. The officer noticed to open beer bottles and the smell of alcohol on his breath. After failing field sobriety tests Torres was arrested for being under the influence of alcohol. He has three prior alcohol-related offenses from California and to prior operating under the influence charges in Massachusetts, he was charged with a sixth offense OUI.

Torres was previously ordered deported by immigration and will be handed over to federal authorities after his criminal case is completed. The incident along with others involving illegal immigrants have drawn a lot of publicity to those immigrants who are here illegally and drive without a license or commit criminal offenses. Sheriff's from local communities are using these latest incidents to draw attention to the secure communities program. The secure communities program requires that police run a suspects fingerprints through a database and alert federal officials if it is determined that the suspect is not the US with proper authorization.

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