William D. Kickham
William D. Kickham
William D. Kickham
William D. Kickham
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In the sad and messy wake of former Rutgers University student Tyler Clementi’s suicide death after his roommate Dharun Ravi, surreptitiously videotaped a sexual encounter between Clementi and another man, a more local twist on this type of case has cropped up in Boston. Thankfully, this case does not involve a suicide, or even any physical harm. But the case has dredged up a lot of interesting questions here in Massachusetts.

What’s it about? It seems that one Jaryd Rudolph, a 19 year-old football player at Boston College (full disclosure: my alma mater,) allegedly secretly audiotaped a “sexual encounter” that one of his football player roommates was having with a female graduate student in the dorm suite that the men shared. The audiotape, reportedly containing “sexual noises” made by the roommate and his girlfriend, was allegedly made available to some other people, and now young Rudolph may not be playing in any reindeer games, or at least any BC football games, anytime soon. (Sorry, but I couldn’t resist – it would be better humor if this were December.) The case has been reported around the country, including CBS News. He’s been suspended from both the football team and the school, and required by the school to undergo “educational training and counseling,” quoting a press statement from Boston College. BC characterized Rudolph’s and his girlfriend’s conduct as “inappropriate.”

Oh, one other thing: Rudolph is now a criminal defendant in Massachusetts. You see, he’s been charged with violating the violating the Massachusetts wiretapping statute (Mass. Gen. Laws Ch. 272, § 99.)

It’s the world’s oldest profession – prostitution – but it still seemed a surprise to some that it was allegedly occurring as part of a regular operation in bucolic Needham, Massachusetts. Needham, as most people around here know, is a wealthy town with a highly rated school system; it is home to affluent individuals and even its own quaint version of Main Street USA. But some said that prostitution came a little too close to home last week. A Needham police officer, and a member of the Norfolk County Police Anti-Crime Task Force, also known as NORPAC, couldn’t comment but did admit that the arrests were the result of a prostitution sting in this town.

Last week the Norfolk County Police Anti-Crime Task Force, following complaints, arrested two women for alleged prostitution, charging them with “alleged sexual conduct for a fee.” This is a violation of Massachusetts General Laws Chapter 272 Section 53A. Apparently the arrests were made as the result of an investigation that occurred over several months. That investigation is still ongoing. The two businesses where the arrests were made were the Needham Oriental Spa, and Best Body Work. Needham Oriental Spa also apparently is listed on a website called www.RubMaps.com, and it says that it offers patrons a “happy ending.” Previous to this, the last arrest for prostitution in Needham occurred in 2008.

Massachusetts sex offense charges can expose a defendant to serious, lifelong legal (and social) consequences. As a Westwood, Massachusetts sex crimes defense lawyer, I can assure you that cases like these often prove the adage “You can’t judge a book by its cover,” in that there is, as I like to say, always a story behind the story. If you have been arrested for prostitution, a Massachusetts sex offense or a Massachusetts sex crime, you may need a Norfolk County Criminal Defense Lawyer. Our offices are located in nearby Westwood, Massachusetts, and we have the legal expertise and experience to assist you.

For anyone who has followed the “Mattapan Murder Trial” in Boston these past few weeks, otherwise known as the “Mattapan Massacre,” here is the first and most important question you need to ask: If you were a juror, would you believe the prosecution’s star witness, Kimani Washington?

For those who haven’t followed the case, a little background: In September 2010, in the Mattapan section of Boston, four people were shot to death and a fifth paralyzed from the neck down for life, in a robbery that involved illegal drugs. Among the dead were a 2 year-old boy and his mother. Police arrested three men in connection with the massacre: Two of them are on trial for the murders – named Dwayne Moore and Edward Washington. The third man involved in the crime, is a man by the name of Kimani Washington; he is a cousin of defendant Edward Washington. By the accounts of all who know him, even by his own account, Kimani Washington is one bad character: A career criminal who has committed crimes ranging from Massachusetts drug offenses, to assault and battery with a dangerous weapon, to robbery. The prosecutor himself in this case has characterized him as a gangster, a thug and a thief. A lawyer for one of the defendants has termed Kimani Washington as a psychopath, and a “denizen of hell.”

Oh, one other thing: Kimani Washington is the prosecution’s star witness. You see, it seems that “Kimani” struck a deal with prosecutors, where he agreed to plead guilty to the Massachusetts robbery charge, in exchange for the prosecution not charging him with murder in this case, not trying him on the robbery charge, and recommending to the judge in the case that he serve 16-18 years in prison for the robbery count. (Washington claims he took part in the robbery, but left the scene before the shootings took place.) Oh, and a few other salient facts for you to consider: In addition to the agreement not to charge him with murder, it seems the esteemed Mr. Washington extracted a few other perks to sweeten the deal for himself – including $5,000 in assistance to his mother to relocate her residence to an undisclosed location, so that none of Washington’s enemies can easily find her to retaliate against Washington; an additional promise of assistance to his mother in securing government-subsidized Section 8 housing vouchers, and to top it off, an promise from prosecutors that Washington will serve his time in an out-of-state prison, where no ‘associates’ of his from Boston will be housed, thus securing his safety in prison.

Unlike what many people think, Massachusetts theft and larceny charges can occur in the most unlikely places – including charities. That unfortunate fact was illustrated yesterday, when the Massachusetts Attorney General’s office announced that charges had been brought against a former treasurer of a Veteran of Foreign Wars (VFW) Post in Lynn.

George Robertson, 65, was indicted on Thursday after legal authorities alleged that he stole over $300,000 from the organization, VFW Post 507 in Lynn, which is now-defunct. Lynn Police and the Attorney General’s office alleged that Robertson transferred funds from bank accounts held by the VFW Post to a personal account he held at a Stoneham bank. Authorities allege that he transferred the funds between September 2010 and May 2011, when supposedly the charitable organization was financially struggling, and had sold its property in an effort to prevent bankruptcy.

Allegations like this, if true, would bring a variety of Massachusetts theft crimes charges, including embezzlement and larceny by stealing. According to a statement issued by Attorney General Martha Coakley, “We allege that this defendant abused his position as the treasurer of the Lynn VFW to steal from the organization, whose mission is to serve our veterans, and then used the money for personal expenses.” Prosecutors allege that VFW had agreed in December 2009 to sell its property in Lynn to a charter school for $1.35 million. Shortly following that sale, the manager at the Stoneham bank where Robertson reportedly held a personal account, allegedly noticed that VFW checks were being deposited into Robertson’s account at that bank. Authorities say that when the bank manager asked Robertson about this, he supplied the bank with a letter from VFW, authorizing the transfer of VFW funds into Robertson’s personal account to pay his bills. Prosecutors claim the VFW had never approved those deposits. According to reports, Robertson was not arrested but will be summonsed to be arraigned in Middlesex Superior Court on four charges of larceny and one count of falsely using the name of a benevolent organization.

Yesterday I had the pleasure of again making an appearance as a Legal Analyst on Fox-25 TV News/Boston. Here is the link to that media appearance: http://bit.ly/whyW4W The news team called me because I often serve as a Legal Analyst for them as a Boston, Massachusetts Criminal Defense Attorney.

I discussed the recent arrests of two students at Attleboro High School, for their public comments on Facebook where they exchanged comments describing planning for a Columbine-type shooting at the school. This was not, as I pointed out, two students talking to each other on the way home from school, about their dislike of a particular teacher. This projected the appearance of a conspiracy to commit Massachusetts crimes, involving possibly murder, assault and battery and mayhem. for all the world to see on Facebook. Under Massachusetts law, these statements constitute probable cause, and that is all that is needed to arrest these students, or anyone in Massachusetts.

It should be noted here that both these students, and other students at the school who were not arrested, have insisted that their comments on Facebook were just a prank, and not at all meant seriously. At their arraignment yesterday, they pleaded Not Guilty, and it’s important to remind people that these students are presumed to be innocent until they are judged guilty in a court of law. But regardless of what ultimately happens in these cases, these two youths will have these arrests and charges on their permanent record. In the worst case, they may even do jail time.

Massachusetts convenience store entrepreneur Christy Mihos’ life just keeps getting stranger by the day.

Mihos made millions developing his well-known Christy’s convenience stores on Cape Cod. After he was done with that, he decided he wanted to get into politics, launching more than one unsuccessful (and some would say embarrassing) bids for elective office, including governor. On top of that, Mihos was fined by the state for campaign law violations, which he only very recently fully paid. Now he faces accusations of Domestic Violence and Assault and Battery, following allegations by the Yarmouth Police Department revolving around an incident allegedly involving domestic assault in the couple’s West Yarmouth home last July 2011. As a result of a criminal Complaint filed by the Yarmouth police, a Massachusetts Clerk-Magistrate’s hearing will be held later this month in Barnstable District Court. A Clerk-Magistrate’s hearing is one method by which formal Massachusetts criminal charges can be brought against a person. To learn more about what a Massachusetts Clerk-Magistrate’s hearing is and what it consists of, click on the link in this sentence.

The accusations against Mihos by the Yarmouth police, however, aren’t the only such event to cloud Mihos’ life. They are preceded another incident of alleged domestic violence that was reported only a few weeks ago in February. In that incident, according to statements in a police report from the Martin County, Florida Sheriff’s Office, the Mihos’ were driving together on February 20th when an argument ensued over “pre-existing marital problems” that reportedly included Mihos’ alleged practice of hiring prostitutes and porn stars for sex. According to the report, Andrea Mihos told police that Mihos’s behavior turned “erratic and belligerent,” and that he allegedly made suggestions that she might “easily disappear,” or be possibly hurt or even killed. According to the report, Andrea Mihos told authorities that she attempted to record the conversation on her cell phone but that Christy Mihos husband twisted it out of her hand and then threw it at her, cutting her lip.

Last week, a video was circulated on YouTube, showing two teenage girls in a fist fight with each other. The video, which lasted almost nine minutes, depicted an ugly, violent fight between the two students at Lynn English High School in Lynn, Massachusetts. Blood is drawn as punch after punch is landed between the two students. As violent as the video was, though, it wasn’t just the image of these two girls fighting that caught the attention of thousands of viewers across the country. What stunned most everyone who saw it, was what also appeared in it: Over 30 other students, circled around the two girls, egging the two on and shouting encouragement during the entire video – even when one of the girls’ heads was smashed against a stone wall. Not one of the students – not one – stepped in to stop the fight, to call for help, or to do anything.

This event says a great deal about our culture in this country. The problem isn’t limited to Lynn; nor is it limited to Massachusetts. Rampant violence among teens and people of all ages, whether seen on a high school campus or in road rage on the highways: Increasing incivility, indifference, cruelty and apathy. It is a national problem, fueled in no small measure by the violence in the media that both young people and adults are toxically exposed to on a daily basis. Making matters far worse than in years past, the violence marketed to youth isn’t limited to movies any more: It’s sold in violent video games, containing the most barbaric, most twisted, most inhuman savagery ever witnessed. These are the type of violent video games that the U.S. Supreme Court recently prevented the State of California from regulating in any way concerning minors. Readers of this blog know that I’ve blogged previously on the subject of the sale and rental of violent video games to minors. In general, the increasing level of violence in this country is fueled by violence and depravity in the media. Rationally, there is little if any question about this. And those who deny it doubtless have financial interests in the media and the video game industries. Those who defend the manufacturers of violent video games are scarred by dishonesty and sophistry. Even more loathsome are their defenses advanced under the highbrow aegis of the First Amendment and “commercial free speech.”

The students in this incident at Lynn English High School weren’t charged criminally. But if they had been, the charges could have included assault and battery or assault and battery with a dangerous weapon, among charges. Instead of proceeding along criminal lines, officials at Lynn English High took a far more effective tact: Aside from the suspending 29 students who watched and encouraged this incident, which is nothing more than a “slap on the wrist”, they ordered each of the students to write an essay on the lessons learned from the 1964 murder of Catherine “Kitty” Genovese. This murder was one of hundreds committed across the country that year. So why was it so historical? Because over 38 people watched out their apartment windows, each without so much as lifting a finger to help, while Kitty Genovese was slowly stabbed to death on the street below. No one did anything. You can do more than click on the one link I’ve provided here about that historical event. Just Google her name.

Earlier this week, the fabled Boston University hockey team received a slap shot of its own, when one of its players was arrested on Massachusetts rape charges.

A Boston University spokesperson confirmed that Max Nicastro, a defenseman on the hockey team, was arrested on Massachusetts sexual assault charges. BU police arrested Nicastro, age 21, Sunday, Feb. 19 on the Charles River Campus. They reported that a female student accused Nicastro and that allegedly, the incident occurred on campus, but little other details were released. Nicastro was arraigned Tuesday Feb. 21 in Brighton District Court on two counts of rape, and was released on $10,000 cash. As a Boston, Massachusetts rape defense lawyer, I’ve seen bail go higher and lower than that, but regardless, $10,000.00 cash is no small amount. At the arraignment, prosecutors did not reveal any information about the allegations, due to the fact that Boston Municipal Court Judge Franco Gobourne ordered all reports in the case to be impounded, citing the confidentiality interests of the alleged victim. Allegedly, the sexual assault occurred in the early hours of Sunday February 19, just hours after Nicastro scored a goal in BU’s loss to UMass-Lowell on Saturday night, February 18 at BU’s Agannis Arena. He was arrested at 6:30 AM Sunday, February 19.

Nicastro has claimed he is innocent of the charges, and his attorney has commented that, “We believe that when all the facts are out there, this will be found to not be a criminal act.” Regardless of the final outcome of this case, consider the kind of lifelong damages that can easily result from an allegation of rape or sexual assault: Nicastro was a rising star in the hockey world and was third-round pick of the Detroit Red Wings in 2008, when he was just 17. Earlier this week, a BU spokesperson confirmed that Nicastro was not only expelled from the hockey team, but he is longer a student at BU. The spokesperson refused to comment on whether Nicastro voluntarily withdrew or had been expelled. It doesn’t matter that, constitutionally, Nicastro is presumed to be innocent until proven guilty: His personal life and quite possibly his professional career are forever blemished and compromised. More so, the allegations have spread beyond just Nicastro, and impacted the entire BU sports culture: Due to the fact that another BU hockey player and the team’s top scorer, Corey Trivino, was accused of sexual assault in the past ten weeks, the entire hockey culture at BU is being investigated by the school. Trivino, who like Nicastro pleaded not guilty to the charges, was forced off the hockey team, but remained a student at the school. Not so for Nicastro: He is history at BU.

A significant effort to enact a bill allowing convicted inmates to gain access to DNA testing in order to prove their innocence has passed both branches of the Massachusetts Legislature and been signed into law by Governor Deval Patrick. Under the provisions of the new law, a convict who believes that DNA testing could establish his or her innocence will be given the right to request that a court order DNA tests of the evidence that police and prosecutors introduced at trial against the defendant.

This new law is especially important. While the public wants guilty criminals locked up, especially those convicted of violent crime, that same public appears to have nowhere near the appetite to hear the true stories of prison inmates who have been wrongfully convicted based on poor and shoddy forensic and scientific evidence. As a Norfolk County Massachusetts criminal defense lawyer, I can assure you, this type of injustice happens far more often than people think. If anyone doubts this, they should visit and study the shocking stories of people who have been convicted and locked up in prison based upon faulty scientific evidence, at The Innocence Project. Far more than one conviction involving Massachusetts sexual assault & rape charges, Massachusetts murder charges, Massachusetts drug charges and Massachusetts OUI/DWI charges have been later discovered to have been based on faulty scientific evidence.

The law requires that any convict requesting DNA analysis must satisfy two prerequisites: First, the inmate must demonstrate that the particular DNA testing that is being requested was not scientifically or pragmatically available when the inmate was convicted. Second, the inmate must persuade a judge that the requested DNA testing could possibly produce new evidence that could potentially exonerate the inmate or alter his or her original conviction. Hence, the bill is not a “free pass” for every prison inmate who thinks DNA testing can reverse his or her conviction. A judge stands between the inmate and approval of the testing, and they will apply the two threshold tests very carefully.

This is a horrible story about a crime which, if true, is almost beyond comprehension.

One Eldrick D. Broom, 27, pleaded guilty this past week in Suffolk Superior Court to charges of the November 21 2011 aggravated rape and first-degree murder of Ms. Rosana Camilo, a mother of three who came to Boston so that her young son could receive medical care here. According to prosecutors, Camilo’s 16-year-old daughter found her mother’s lifeless and partially nude body in a rear bedroom of the apartment that Ms. Camilo lived in on Fairlawn Avenue, Boston. Broom was apprehended after an investigation produced DNA evidence linking him to the rape and murder, and he was ordered held without bail. But according to police investigators, that’s not how Broom was dealt with by the courts previously.

Broom was reportedly arrested in August on charges of assault and battery, after he was accused of beating up his pregnant girlfriend, who also lived in an apartment near where Camilo lived, according to police. He pleaded not guilty to that charge, and was free on personal recognizance when Ms. Camilo was murdered. Approximately a week after Ms. Camilo’s murder, Broom was also arrested in Brookline, this time on charges of open and gross lewdness and disorderly behavior after he allegedly urinated in public, according to court records. He was also released following that charge.

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