Assistant teacher in Brookline charged with indecent assault and battery

January 13, 2011,

Joseph Musculus, 27 of Walpole, has been charged by the Brooklyn police with two counts of indecent assault and battery on a female high school student. He is accused of pinching the students but on two separate occasions. Musculus is an assistant teacher in the school's food service and restaurant classes where he has worked for the past seven years.

The female student told the police that she did not feel threatened and considers Musculus a good friend. The student claims that Musculus pinched her buttox in class on two separate occasions. The mother of the student told police that her daughter would greet Musculus with a hug or kiss and believes that Musculus did not mean any harm to her daughter.

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Boston police focus on violent drug dealers in an attempt to cut homicide rate

January 12, 2011,

The Boston police department's drug units are focusing on violent drug dealers in an attempt to cut down violence between them. Criminals with a history of violence or firearms are being focused on, the police are concerned with violence between rival drug gangs.

The drug units use undercover officers who rely on numerous street informants to get information on who's dealing drugs. The idea is that if the most dangerous criminals can be taken off the street it will reduce violence against the community and other rival dealers. Some detectives believe the economy has led people who have never dealt drugs before into the business.

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Lawrence man denied restraining order against Mayor

January 7, 2011,

A Lawrence man attempted to get a restraining order against Mayor William Lantigua, the man claimed that the mayor made obscene gestures and swore at him. The man admitted that he had been following the mayor. The judge found that although the mayor's conduct as described may have been rude it did not amount to criminal harassment which is necessary to obtain a restraining order.

Massachusetts law now allows a person who can prove criminal harassment to obtain a restraining order against another. Restraining orders in the past were reserved for those involved in a domestic relationship. To prove criminal harassment one must show a repeated behavioral pattern of harassment which can take the form of annoying phone calls, threats or acts of violence.

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Bank robbery in Burlington Massachusetts

January 6, 2011,

Central bank Burlington was robbed yesterday at 9:34 AM the suspect entered the bank and presented the teller a note threatening deadly force if money was not handed over. The EI believes that this bank robbery may be linked to other bank robberies committed since December 15 in Lynnfield, Malden, Reading, Salem and Westford.

The suspect is described as a 6 foot black male facial hair and wearing a gray hooded sweatshirt, he fled the scene on foot. It appears he was able to escape with an undisclosed amount of money. The other bank robberies were similar nature in that threats against bank employees were made.

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Shooting at Lowell New Year's Eve party leaves one dead seven injured

January 3, 2011,

1172422_police_on_the_scene.jpgTwo men who were asked to leave a new year's eve party in Lowell returned shortly after 1am and opened fire on the partygoers. Killing a 20 year old woman Corrina Ouer and injuring seven others.

Jameson Phoun, 20, and Sothy Voeun, 19 were arrested and face arraignment on Murder charges today in Lowell district court.

Massachusetts youths committing violent crimes especially firearm offenses are on the rise. The two suspects will most likely face charges of Murder, multiple counts of Assault and Battery with a dangerous weapon, as well as possible firearm offenses. Massachusetts is very strict on gun laws yet firearms are still making it into the hands of youths who are all too willing to use them.

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Massachusetts State Police agree to work with Immigration Enforcement (ICE) to deport immigrants

December 18, 2010,

Massachusetts State police have agreed to participate in the Secure Communities program which calls for the police to share information on the identity of arrested suspects with U.S. Immigration and Customs Enforcement (ICE). If ICE then discovers the newly arrested person is unlawfully present in the U.S. they can choose to issue a detainer, or hold, causing the person to be held for ICE to take custody of him for deportation. The program claims it is being implemented to target illegal aliens who are found to have serious criminal records and not meant as a tool to deport all immigrants without proper status.

What is taking place on the streets though is not only are illegal aliens with serious criminal histories been deported but the majority being held and put in deportation proceedings are immigrants who are stopped for offenses as minor as driving without a license. The fear by those opposed to the program is that the immigrant community will stop reporting crimes to the police out of fear they will be reported to ICE, creating a chilling effect between local authorities and the community they are to protect.
This Secure Communities program is a national program and is basically a sharing of information between local state authorities, and the FBI through the Division of Homeland Securities (DHS) which runs Immigration and Customs Enforcement (ICE).

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Chelsea clerk magistrate sentenced in Massachusetts federal court to 2 years in jail for receiving oral sex from 2 accused prostitutes in exchange for help in getting rid of their cases

December 17, 2010,

A former clerk magistrate of the Chelsea district court was sentenced in federal court yesterday to two years in jail for deprivation of civil rights. The case involved two women who faced criminal charges in Chelsea court and promises by 43 year old Burke, the magistrate, to help dismiss their cases in return for oral sex. The women gave him oral sex in the courthouse, one woman being removed by Burke from custody to do so.

Federal charges were brought against Burke rather than state charges, the decision to charge someone federally or in the state courts is made by each individual prosecutor's office. Usually the state and federal prosecutors work in conjunction with each other and allowing either one or the other to pursue a case rather than both at the same time. Federal charges for deprivation of civil rights come about when a person in a position of public authority abuses that position violating another's rights. This type of charge is not as common as federal conspiracy to violate drug laws, or other more common federal crimes.

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Two Boston MBTA Employees chase down an attempted robber who threatened a commuter with a knife in south station

December 14, 2010,

Two MBTA employees chased down a suspect who approached a woman brandishing a knife at 7am this morning in south station. The woman screamed for help attracting the attention of the MBTA workers who were able to detain the suspect until police arrived. The man was caught on surveillance video during the incident.

Charges that he will most likely face are attempted armed robbery, assault with a dangerous weapon and possibly other related charges. Brandishing a weapon immediately takes the case to a much more serious level in which a person can face a much lengthier sentence. The woman was most likely asked to confirm that the man they apprehended was in fact the man who approached her with the knife thus misidentification does not appear to be an issue.

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Arrests by Massachusetts transit police for sex crime of open and gross lewdness is up in 2010

December 13, 2010,

35 people have been arrested by transit police in 2010 for open and gross lewdness on public transit in massachusetts compared to only 19 arrests in 2009.

The latest arrest was this Friday when Donnie McLean, 46, a registered level 3 sex offender with two prior convictions for open and gross lewdness was arrested on the route 28 bus in Dorchester after exposing himself to a woman. The woman got off at the Ruggles police station and reported him to the authorities who arrested him shortly after.

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Two men convicted in Taunton district court for threats against a police and probation officer made in a wrap video posted online

December 11, 2010,

Two men were convicted in Taunton district court of threatening law enforcement related to a wrap video they had posted online in which a massachusetts state trooper and probation officer were directly threatened by name. One of the men Jason Foley, 29, was convicted of witness intimidation and threatening to commit a crime. He was sentenced to two years probation and banned from accessing the internet or using a computer.

A Fairhaven man will spend a year in jail fro his role in producing the video. The video has been removed from the internet.

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Student faces sexual assault charges for questionable wrestling move used on another student during wrestling practice

December 9, 2010,

A highschool wrestler in Fresno, California faces sexual assault charges for performing a "butt drag" wrestling move on another student in practice.

A "butt drag" is a wrestling move in which a wrestler grabs the other between the butt cheeks to gain leverage to either move his opponent or swing himself into a better position. It does not include sticking ones fingers inside the rectum of the other wrestler but can be performed by gaining leverage between the butt cheeks without any type of penetration.

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Dedham man shoots wife and daughter before turning the gun on himself

December 7, 2010,

Dedham, Massachusetts resident William Spada shot his wife Patricia Spada then his daughter Deidre Spada before turning the gun on himself in a domestic violence incident which left him and his wife dead and his daughter in the hospital in critical condition. The daughter's boyfriend was an eyewitness who narrowly escaped the shooting by running out of the house.

Massachusetts has a zero tolerance policy towards acts of domestic violence. If police respond to a home and a party alleges that a threat or an assault occurred they will make an arrest. This is done to avoid the police getting blamed for not diffusing what later can be an explosive situation as the one which occurred yesterday at the Spada home.

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Framingham teenager swallows white baggie suspected to be cocaine after car stop, fights with Framingham police

December 2, 2010,

A Framingham teenager was pulled over by police for not using his signal to make a turn. When the police approached him to ask for his license and registration he made a quick movement to the center console where the officer saw a small baggie with a white powdery substance in it he believed to be cocaine. The teenager struggled with the officer and eventually was able to swallow the baggie. He was charged with assault and battery on a police officer, resisting arrest, failing to provide license and registration and not using a turn signal.

As a criminal lawyer in boston it is not unusual to see attempts to destroy drugs when police approach. Swallowing drugs obviously can be very dangerous, sandwich baggies cannot withstand the acid in ones stomach and the drugs are soon released into the stomach after digesting. It is not uncommon for people to overdose and die from swallowing even small amounts of drugs.

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200 pounds of Cocaine seized in Revere by Federal and Massachusetts state agents

December 1, 2010,

State and Federal agents tracked the delivery of 89 kilos of cocaine from Texas to Revere, MA where they then busted Gilberto Padilla and Rafael Montero as they removed the drugs from a hidden compartment under the trailer. Both defendants were charged with Trafficking in over 200grams of Cocaine and were held on 5 million dollars bail.

Trafficking in Cocaine has different levels associated with it. Trafficking in over 200 grams carries a mandatory minimum sentence of 15 years, trafficking in cocaine over 100 grams is a 10 year minimum sentence, Trafficking in over 28 grams is a 7 year sentence and Trafficking in over 28 grams is a 5 year mandatory sentence. Trafficking means that you are in possession of such a large quantity that it is presumed that your intent is to distribute the drug. Trafficking in heroin is similar in that the amount of grams drives the mandatory minimum sentence. Trafficking is basically a possession with intent to distribute charge based on the amount of drugs. Possession with intent to distribute cocaine or heroin is a separate charge which can be proven by how smaller amounts of drugs might be packaged, individual small baggies, or whether evidence of distribution exists such as scales or large amounts of money.

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Amorello admits to operating under the influence (OUI) in Haverhill district court related to a car crash in August

November 30, 2010,

Matt Amorello the former chairman of the Massachusetts Turnpike Authority admitted in Haverhill district court to operating under the influence related to a car crash back in August in which he struck two parked vehicles and then continued to try and drive his vehicle after one of the wheels had fallen off. He refused the breathalyzer at the time, causing a loss of license for 180 days and today received a further 45 day loss of license after making his admission.

Amorello was charged with Operating under the influence in Massachusetts, as a first time offender he is eligible to receive an alternative disposition which allows for a person to waive his rights to a trial and make an admission at which time a Judge may not find him guilty but rather continue the case without a finding (known as a CWOF) usually for a one year period in which the person is on probation. An alcohol class must be completed, it is essentially a drunk driving course which is one evening a week for approximately sixteen weeks. The drunk driving charge carries fines and fees totaling close to one thousand dollars. Once a person signs up for the Alcohol course they then can apply for a hardship license also known as a Cinderella license which allows a driver to drive for a twelve hour period every day. If the person pays all the fines and completes the program and probation without picking up any new charges the case will be dismissed at the end of the term of probation.

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