Massachusetts Legal Developments Blog

Massachusetts Legal Developments Blog

Questions Raised After Boston Police Fail to Follow Up on DNA Evidence

Most people do not realize that a relatively low percentage of violent crime cases in Boston ever lead to arrests. Fewer still lead to convictions. This may be surprising to those who base their perception of police on TV shows and movies, in which the investigators always catch the “bad guys.” In reality, police often face serious criticism for failing to follow up on clear evidence – even when it is right in front of their eyes. A recent example involved DNA evidence that would have led Boston Police straight to a serial rapist.  

Uber Driver Left Clear DNA Evidence But Was Never Arrested or Charged

In 2024, various sources reported on a strange case involving rape in Boston. WBUR states that in 2016, an Uber driver took a woman to his apartment despite her request to be dropped off at a hotel. She claims that she was raped in the apartment, and DNA evidence clearly pointed to the Uber driver. However, the man was never arrested or charged, and police failed to warn the public about the presence of a suspected sexual predator. 

Over the next few years, three more women came forward with similar stories, with each woman providing DNA evidence pointing to the same Uber driver. Boston police still failed to arrest or charge him. The rapes continued, and after the fifth woman came forward, the police finally decided to act. They arrested the man, accessed his phone, and found evidence that he had raped at least 10 more women since the 2016 incident. 

Police now say that the defendant was posing as a rideshare driver and that he had never actually worked for Uber. He also seemed to wait outside bars in Boston, specifically targeting heavily intoxicated women. 

Why Was He Never Arrested?

Police have provided various explanations for why they never arrested the man despite clear DNA evidence. Some representatives say they could not move forward because the victims refused to testify. Others say that the Boston Police is traditionally reluctant to pursue sexual assault cases for whatever reason. Statistics show that only about 20% of all sexual assault cases lead to arrests. 

However, perhaps the most intriguing theory is that this man’s sister is the Attorney General of Boston. At the time of these incidents, she was a Boston City Councilor. The implications here are obvious: The defendant had friends in high places, and he was able to leverage this influence to avoid prosecution. 

Can a Defense Attorney Help With Issues Regarding DNA Evidence?

Whether police misplace DNA evidence or simply fail to follow up on it, it still makes sense to take seriously allegations involving rape in Boston. This is a serious offense in Massachusetts, and you should consider working with an experienced defense attorney if you face these accusations personally. Contact Edward R. Molari today to continue discussing potential defense strategies in more detail.

Tags: 
Criminal Defense

Recent Boston Case Shows That Self-Defense Must Be “In The Moment”

Although Massachusetts does not have the strongest self-defense laws in the nation, one can still legally fight back against an attacker. If there are no other options remaining, one might even be justified in using deadly force. But if you want to defend yourself, you must do so in the heat of the moment. A recent case shows that when you go home and plot a retaliatory attack, you lose your right to self-defense in Boston.  

Man Faces Gun Charges After Police Catch Him Before Alleged “Retaliatory Attack” 

In late December of 2024, numerous sources reported that a man had been arrested with a fully automatic handgun in Boston. Police say that they caught the man as he was on his way to carry out a retaliatory attack on a group of individuals who had previously assaulted him. They say that their “Youth Violence Strike Force” received news of this initial assault and subsequently determined that the victim was planning to retaliate. 

They then spotted the defendant walking in the street with a “prominent bulge” in his clothing, and they carried out a pat-frisk. During the search, detectives found a firearm with destroyed serial numbers and a “switch” mod. This type of modification provides handguns with full-auto capabilities. Police also found Oxycodone pills on the defendant. 

What Would Have Happened if the Defendant Had Retaliated Immediately? 

Suppose the defendant had retaliated immediately after being assaulted by the group of assailants. What would have happened? He would probably attempt to argue self-defense, as being surrounded by multiple assailants obviously prevents a victim from fleeing. 

The real question is what would have happened if this man had defended himself using his illegal, fully automatic handgun. In this type of situation, a defendant may still be able to argue self-defense – even when using a highly illegal weapon. Even if they avoided murder charges, however, they would still face consequences for machine gun possession. 

Interestingly, a report by 25 News does not indicate that the defendant is facing attempted murder or conspiracy charges. Instead, he is facing numerous firearms offenses – including possession of a machine gun and possession of a large-capacity magazine. 

No Word on Whether the Assailants Were Arrested

It is also interesting to note that among the reports of this arrest, none provide any details on the initial assault. One would think that the people who assaulted this man would also be arrested and charged, but there are few details about these assailants. One report simply stated that prosecutors “declined to comment” on the initial assault, which is reportedly gang-related. 

Can a Defense Attorney in Boston Help Me?

If you have been accused of planning or carrying out a retaliatory attack on someone, consider speaking with an experienced defense attorney in Boston. These legal professionals may be able to mitigate your penalties – even if arguing self-defense is impossible. To learn more about your legal options, consider a consultation with Edward R. Molari today. 

Tags: 
Criminal Defense

Police Arrest Robbery Suspects Under Questionable Circumstances

Sometimes, people find themselves in the wrong place at the wrong time. Although this might sound like a cliche, this type of situation has put countless innocent people behind bars. Often, police are far too eager to arrest anyone in the vicinity of a crime who remotely resembles the suspect. A recent incident involving a robbery in Charlestown raises this type of concern.  

Police Arrest Man Who Walks Out of Apartment After Nearby Robbery

In late December of 2024, numerous sources reported that two men in their 40s had been arrested for allegedly robbing a store in Charlestown at gunpoint. The Boston Police said that they responded to a report of an armed robbery at a local market but arrived after the suspects had fled. The store owners then provided detectives with surveillance footage, and the police began to search the area for anyone who matched the description. 

While “canvassing the area,” police observed a man exiting an apartment building and immediately placed him under arrest. They later stated that this man matched the description of one of the alleged robbers. The police then knocked on the door through which the man had just exited, and another man answered. Police arrested him as well, later stating that he also matched the description of one of the robbers. 

One of these individuals reportedly gave police a false name during his arrest, which led to additional charges. Both now face charges of armed and masked robbery. 

Few Details on the Nature of the Arrest

Perhaps the most detailed account of the arrest comes from the Boston Globe, which stated that the man who exited the apartment had just started to ride his silver scooter. One has to wonder why someone would go for a leisurely scooter ride immediately after robbing a store, as a scooter is not exactly an ideal getaway vehicle. The Globe also stated that immediately after being apprehended by police, the man on the scooter admitted that his friend was inside the apartment. 

Again, this is slightly unusual behavior for a seasoned criminal. One has to wonder whether this man was simply in the wrong place at the wrong time. The truth is that no one actually saw him carry out the robbery, and whoever did it was wearing a mask at the time. None of these reports explained how the defendant matched the man in the surveillance footage. Was he wearing the same clothing? Does he have a similar height? These details are not clear. The Globe even subtly implied that these men might have had something to do with other robberies in the area – despite having no evidence to back this up. 

Can a Massachusetts Defense Attorney Help Me?

If you were arrested after a robbery in your neighborhood and you had nothing to do with it, consider a consultation with an experienced defense attorney in Massachusetts. While it is true that the prosecutors must prove your guilt beyond a shadow of a doubt, this burden of proof has not stopped countless wrongful convictions in the past. To learn more about your next steps, schedule a consultation with Edward R. Molari today. 

Tags: 
Criminal Defense

Commonwealth Pushes Back Against Search Warrant that “Lacked Particularity”

When it comes to drug search warrants in Massachusetts, an important requirement is something called “particularity.” According to the Fourth Amendment, all search warrants must describe the specific items that authorities expect to seize in their searches. If the search warrant does not describe these items in detail, the search warrant could be challenged in court – and the resulting evidence may be inadmissible. This became clear after a recent drug case in Massachusetts.  

Authorities Fail to Describe the Specific Drugs They Wanted to Search For

In December of 2024, the Commonwealth announced that a search warrant issued in 2019 lacked particularity. The case stemmed from an incident involving a man who was allegedly selling drugs from his second-floor apartment. A police detective claimed to have received information from a confidential informant about the suspect, and this detective later provided a sworn affidavit that drug transactions were taking place at the address. However, the affidavit failed to identify the specific substances the suspect was allegedly selling – and this later proved to be a major flaw. 

The confidential informant later made a controlled buy from the suspect, but the police detective only described these substances as “narcotics” in his affidavit. As most people know, the term “narcotics” encompasses relatively minor drugs like marijuana – all the way up to hard drugs like heroin. The detective later stated that he described the drugs in intentionally vague terms to protect the identity of their confidential informant. 

Based on this information, the court issued a search warrant with equally vague terms – allowing police to search for “all” drugs, cash, weapons, and essentially any other incriminating evidence inside the apartment. 

The defendant faced numerous drug trafficking charges, and he quickly argued that the search warrant lacked particularity. The Superior Court first denied the motion, and a second judge made the same ruling when the defendant filed a second motion. Next, the defendant entered guilty pleas on the condition that he would have the right to appeal both denied motions. 

The appeals court then heard the defendant’s argument, ultimately agreeing that the search warrant lacked particularity. The court found that by describing “all controlled substances” in the search warrant, constitutional and statutory rights had been violated. They noted that search warrants must specifically name the substances that police believe to be present. They also noted that the police saw the substances purchased by the confidential informant, and they had no real excuse for failing to name this specific substance. 

Can a Drug Defense Lawyer Help Me Challenge Search Warrants in Massachusetts?

If you believe that authorities searched your premises, property, or person without a valid warrant, you may be correct. An experienced drug defense lawyer in Massachusetts may be able to help you review the details of the warrant and uncover various issues – including the lack of particularity. To learn more about potential defense strategies, contact Edward R. Molari today. 

Tags: 
Criminal Defense

Two Arrested Under Questionable Circumstances After Fatal Shooting in Dorchester

Although Northeastern University states that Boston homicides are down 82% in 2024, fatal shootings continue to occur. Even a single fatal shooting in a major US city is a tragedy, and it is difficult to tell a grieving family that these incidents are just “part and parcel” of living in a busy metropolitan area. It is arguably even more tragic when innocent people are accused of carrying out these shootings on extremely shaky evidence. A recent shooting in Dorchester raises questions about criminal justice in Boston.  

Bail Denied for Two Men Accused of Carrying Out Fatal Shooting

In December of 2024, 7 News reported that two men had been denied bail after being accused of carrying out a fatal shooting in Dorchester. Police say that the two 25-year-olds were spotted in the immediate vicinity of the shooting at around 10:30 PM. When spotted by police walking out of an alley, the defendants allegedly fled. After a short pursuit, the pair were apprehended. 

Officers then conducted a search of the area where the men had been, recovering two firearms in the process. The implication is that the firearms belonged to the two defendants, and they were subsequently arrested on various weapons charges. These include unlawful possession of a firearm and unlawful possession of a large-capacity feeding device. Court documents state that one officer was injured during the arrest, although it’s not clear whether this injury occurred due to violence or some kind of accident during the pursuit. 

The shooting in question claimed the life of a 37-year-old man. The pair were denied bail because the court determined they were too dangerous to be released. Perhaps most notably, the police did not reveal whether the pair had actually carried out the shooting. The charges are related to unlawful gun possession – and not homicide. This indicates that investigators need additional evidence in order to tie these men to the murder. 

Is There Any Reason to Believe These Men Carried Out the Murder?

One has to remember that Dorchester is a heavily populated area. Like any other major city in the United States, Boston has a high population density – and you can expect to find many people walking nearby after a shooting in one of its neighborhoods. 

One has to wonder whether these two individuals were simply at the wrong place at the wrong time. Upon seeing the officers, they may have fled purely out of instinct – or for a reason totally unrelated to the murder. 

It is also not clear why the police are so certain that the men tossed the two firearms while fleeing. The real murderers may have tossed these weapons at around the same time. During the mayhem and frantic pursuits after this fatal shooting, numerous people may have been fleeing for safety – mixed in with the real murderers. 

Can an Experienced Defense Attorney Help With Gun Charges in Boston?

If you have been accused of participating in a shooting in Boston, you should speak with a defense lawyer who has experience with gun violence. These legal professionals can quickly point out the questionable manner in which you were arrested – and they may be able to fight for your rights effectively. To learn more about potential defense strategies, contact Edward R. Molari today. 

Tags: 
gun crimes
Criminal Defense

Massachusetts Man Successfully Appeals Assault and Battery Convictions Based on Questionable Surveillance Evidence

Surveillance footage represents crucial evidence in many Massachusetts criminal trials, and at first glance, it might seem irrefutable. However, this footage may be less reliable than many realize. Putting aside the potential for pixelated and unclear film, one also has to consider the people who review the footage. Are these people even familiar with the defendant? What is the likelihood of mistaken identity? These questions were raised during a recent appeal for assault and battery in Massachusetts, and they proved effective.  

Officers Lacked “Sufficient Relevant Familiarity” With the Defendant

In October of 2024, the Commonwealth reversed assault and battery convictions for a defendant based on a successful appeal. The defendant argued that the officers who reviewed crucial surveillance footage were insufficiently familiar with his identity, making them unqualified to place him at the scene of the crime. 

This decision stems from a 2021 altercation at a Walmart. A video surveillance footage captured a man in a white shirt and another individual approaching three other men in an aisle. During this altercation, the man in white shoved one of these three individuals while holding a firearm. He then pointed his firearm at the two other individuals before retreating and leaving the store. 

During the subsequent assault and battery trial, two officers from the Worcester police gang testified against the defendant. The Commonwealth notes that no one who actually witnessed the altercation testified at the trial. These officers claimed that they were familiar with the defendant, who prosecutors had previously identified as the man in the white shirt. 

Specifically, one officer claimed that they had encountered the defendant four times over a five-year period. The other officer stated that they had encountered the defendant twice over a four-year period. Both stated that based on their review of the surveillance footage, they believed that the defendant was the man in the white shirt. The jury convicted the defendant on two counts of assault and battery with a deadly weapon. 

This defendant subsequently appealed, arguing that the officers had not encountered him enough to accurately identify him in the footage. The Commonwealth noted that a police officer may only testify in this situation if they are in a “better position than the jury” to accurately identify a defendant. 

The appellate court ultimately concluded that the prosecutors failed to establish that the officers had “sufficient relevant familiarity” with the defendant. They also stated that their previous encounters with the defendant were “infrequent and sporadic.” They noted previous cases where this “sufficient familiarity” threshold had been met, which often involved officers who knew defendants socially for a decade before testifying. 

The Commonwealth concluded that this represented a “substantial miscarriage of justice” and that the two officers should have never been allowed to testify. They therefore reversed the convictions. 

Speak With an Experienced Defense Attorney in Boston

If you face similar charges based solely on surveillance footage, it may be possible to use a similar defense strategy. To discuss this subject in more detail, schedule a consultation with Edward R. Molari – an experienced defense attorney in Boston. 

Tags: 
Criminal Defense

Secret Recording by Undercover Officer Inadmissible During Drug Trafficking Trial in Massachusetts

Undercover officers often carry out “controlled buys,” setting up alleged drug dealers while claiming to be actual customers. This strategy is somewhat controversial, and it raises potential questions about entrapment. Putting that issue aside, there is also the question of whether secret recordings of these transactions are admissible during drug trafficking trials in Massachusetts. A recent decision by the Commonwealth implies that the answer to this question is “no.”  

Appeals Court Upholds Wiretap Act

In November of 2024, an appellate court in Massachusetts upheld the wiretap act and ruled that a secret recording made during a controlled buy should have been suppressed. This case stems from a fatal drug overdose in 2019 that subsequently led detectives to an alleged drug dealer. Once the detectives obtained this individual’s phone number, they set up drug transactions or “controlled buys” in order to gather evidence against him. On three separate occasions, police claim that the alleged drug dealer sold them packages of heroin or fentanyl. 

During each transaction, the undercover officer activated a special app on his phone that recorded audio and video of the interaction. As soon as the third transaction concluded, police moved in to arrest the defendant.

After the defendant had been arrested, his defense lawyer attempted to suppress these recordings. He claimed that they represented a violation of the Wiretap Act, which requires everyone to consent before being recorded. Massachusetts’ wiretapping laws are more restrictive than their federal counterparts, and they effectively make secret recordings illegal across the state. 

Despite this, the judge presiding over the drug distribution trial only agreed to suppress the audio component of the recordings. The video element would have still gone before the jury. Even though the undercover officer’s phone was pointed at the sidewalk throughout most of all three transactions, there were apparently moments where the defendant’s face or body was recorded.  

The appellate court ruled that the recordings ought to be suppressed in their entirety. In discussing their decision, the court noted that there may be an exception to the wiretap law if law enforcement officers obtain warrants prior to making their recordings. They also addressed the prosecution’s argument that the recordings were not “secret” because the undercover officer was holding the phone in his hand. 

Ultimately, they were unconvinced by these arguments and many others. The evidence was suppressed, and this defendant may now find it easier to fight his drug distribution charges. 

Fight Drug Trafficking Charges With an Experienced Boston Defense Lawyer

If you face drug trafficking charges in Massachusetts and you believe that you were illegally recorded during a controlled buy, consider discussing your next move alongside an experienced defense attorney in Boston. Due to the recent Commonwealth decision, this evidence may be completely inadmissible in your trial – and it may be difficult for prosecutors to secure a conviction as a result. Book a consultation with Edward R. Molari today to learn more about your options. 

Tags: 
Criminal Defense

How to Access Officer Disciplinary Records During a Criminal Trial in Massachusetts

Over the past year, there has been a major push toward transparency in the criminal justice system. Citizens have demanded access to various police records, and the legal system has mostly acquiesced. Today, it is easier than ever to access officer disciplinary records – and this could prove useful in a Massachusetts criminal trial for various reasons. How do you get ahold of these records, and when might they be useful? 

The Massachusetts POST Commission Explained

The Massachusetts Peace Officer Standards and Training (POST) Commission was created in 2020. Its goal is to improve policing and make citizens more confident about the quality of law enforcement. These goals are achieved through more stringent certification, discipline, and training for all peace officers across the Commonwealth. 

Anyone Can Request Access to Public Records Through the POST Commission

A major part of the POST Commission is transparency. Anyone can make a public records request through this Commission to access things like officer disciplinary records. While you cannot find these records online without permission, the POST Commission does not have the right to refuse access without a valid reason. 

You can make your records request through the Commission Records Access Officer or custodian. There is a convenient online form that you can use, and you may also hand-deliver or mail your records request.  When making your request, you must provide a “reasonable description” of the information you need. Fees may apply. 

When Can I Use Disciplinary Records in a Criminal Trial?

Officers testify in many criminal trials, and you might plan to challenge the credibility of these officers by pointing to their disciplinary records. However, this may not be as easy as it seems. Various rules state that past actions, lies, or disciplinary actions may not be used to challenge the credibility of a witness. Unless this misconduct applies specifically to the case at hand, the disciplinary records could be inadmissible. 

That being said, the judge may decide to admit this evidence if they believe that the credibility of the testifying officer is a “critical issue at trial.” When making this determination, the judge may consider various factors. They might consider when the misconduct occurred and whether many years have passed since the officer was disciplined. They might also consider how convincing the evidence is and whether the disciplinary records are straightforward or complex. The goal here is to “impeach” the witness and make their testimony ineffective. 

Can a Defense Attorney Help Me Access Officer Disciplinary Records? 

A defense attorney may be able to help you access officer disciplinary records. You can access records through the POST commission but accessing these records and using them effectively are two very different things. To receive personalized guidance on this subject, consider a consultation with Edward R. Molari. Reach out today to get started with a defense strategy. 

Tags: 
Criminal Defense
Criminal Procedure

Boston Police Lieutenant Sentenced for Sexually Abusing His Child

One of the more disturbing chapters of the Boston Police Department’s recent history has seemingly come to a close, with a disgraced lieutenant sentenced to between four and six years in prison. The defendant had previously confessed to sexually abusing his own foster child before pleading not guilty and then finally agreeing to a deal made with prosecutors. Did this police officer receive special treatment for sex crimes in Boston?  

Officer's Change of Plea

A police officer in Boston decided to plead guilty before his criminal trial for child rape, thereby avoiding a potential sentence of up to life in prison. The charges stem from a series of child abuse incidents that occurred in the defendant’s home from 2022 to 2023. The victim was the defendant’s foster child, and she was 10 and 11 when the abuse occurred. The final act occurred around Christmas, and the victim subsequently reported the abuse to an adult. 

The defendant’s wife subsequently discovered the abuse and confronted him, causing him to confess for the first time. The defendant then became psychologically unstable and visited his family’s graves at a nearby cemetery. Concerned, a family member reported the defendant’s behavior to the Police Chief – whose brother (a sergeant) confronted the defendant and seemingly convinced him not to commit suicide. 

After this confrontation, the defendant was taken to a nearby hospital for psychological evaluation. He then confessed his offenses to numerous people. Before the trial, he changed his plea to guilty and accepted a deal offered by prosecutors. As a result of this deal, the defendant will spend a maximum of six years in prison. 

Did this Police Lieutenant Receive Special Treatment?

One has to wonder whether an average citizen would have received the same deal from prosecutors after such a heinous act of child abuse. According to one report, the defendant had nonconsensual oral sex with the child – who was not even 12 at the time. This charge alone carries a potential life sentence, and the defendant also faced a slew of related charges. 

Also in November of 2024, a man in West Springfield was sentenced to a maximum of 12 years for child rape after the jury found him guilty It is also worth noting that a former police officer in Dartmouth received a 15-year sentence for child rape charges just one month ago.  The sticking point in plea negotiations on child rape cases is that, depending on the charge, the mandatory minimum can be as much as 10 years. Therefore, in cases with solid evidence like a confession, any offer by the Commonwealth for a sentence of below 10 years is only available with the Commonwealth's consent to reduce the charges. Prosecutors know this, and they know that as long as their sentence recomendation involves a reduction below 10 years they can usually get all but the most hard-headed of defendant's to take the deal. That is the reason that many child sex offenders end up with sentences on the order of 9 years, and why a sentence of 4 years in this case is uncommonly low.

Find an Experienced Defense Attorney in Boston

Sexual assault charges are extremely complicated, and extremely serious. Even a police officer, with all the connections and deference that Courts give police officers, still recieved a committed state prison sentence.  Other people, like the defendants in West Springfield and Dartmouth, routinely recieve senences of 10 years or more. If you or someone you know is facing the prospect of a sexual assault charge, book a consultation with an experienced Boston defense attorney today to get started with a defense strategy. 

Tags: 
Criminal Defense
Indecent Assault and Battery

Questions Raised Over Bail for Migrant Accused of Sex Crime

Sex crimes tend to elicit a strong reaction from the general public. Since time immemorial, these offenses have been seen as particularly heinous. Juries have little sympathy for sex criminals in Massachusetts, and even though the court is supposed to be impartial, it is difficult to imagine how a judge could remain unbiased when presiding over some of these cases. The public reacts particularly badly when the victim is a child, and such a case recently occurred in Massachusetts. To make matters even worse, it involved a migrant who entered the country illegally.  

Migrant Accused of Sex Crimes Raises Questions Over Bail System

In June of 2024, serious questions were raised over the bail system in Massachusetts after a migrant’s bail was set at $500. He had been accused of raping a child at a hotel, and he had been incarcerated since March of that year. He pleaded not guilty to one count of rape of a child with a 10-year age difference and a second count of rape of a child by force. 

Many pointed out the absurdity of a $500 bond for a suspected child rapist. Chief among them was the county prosecutor, who argued that the defendant was too dangerous to be released on such a low bail amount. However, the prosecutor did not actually argue against bail – he simply pointed out that it should have been $10,000 instead of $500. 

The migrant’s right to bail and the low amount stems in part from unanswered questions in this case. In particular, witnesses and video surveillance seem to show the victim entering and exiting the hotel room with little changes in her demeanor, hair, and clothing. However, a rape kit allegedly found male DNA on the victim – which the prosecutors hope to match to the defendant. 

In August of 2024, the defendant was released on a $500 bail bond. However, his freedom was short-lived. Soon after he was released, Immigration and Customs Enforcement (ICE) took him into custody to begin deportation proceedings. This is despite the fact that the defendant was arrested in a “sanctuary city,” where ICE “detainer requests” are ignored. 

In an ICE press release on their detention of the defendant, ICE described retainer requests as “critical public safety tools.” But the facts of the case are still unclear – and only a criminal trial can determine the defendant’s guilt. It is worth mentioning that, technically speaking, the defendant entered the United States illegally. As a result, ICE has the authority to deport him regardless of whether he is innocent or guilty. 

Find an Experienced Defense Attorney in Boston

If you are facing sex crime allegations in Boston, consider a consultation with an experienced defense attorney. These legal professionals can guide you toward positive outcomes, no matter how heinous your alleged crimes may be. The court is supposed to be impartial, and your defense attorney can help you ensure an unbiased trial. Reach out to Edward R. Molari today to get started with a defense strategy. 

Tags: 
Criminal Defense

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