TRIALS

"...trial by jury...the only anchor ever yet imagined by man by which a government can be held to the principles of its constitution...." Thomas Jefferson, letter to Tom Paine, 1789

 

The cases described below are just a sample of the quality of my work and my dedication to defending people accused of crimes. Every case is different and there cannot be a guarantee of success every time. I can only promise to zealously defend my clients to the best of my abilities. My commitment is to the honor and protection of individuals' constitutional rights and safeguarding the presumption of innocence.
 

Commonwealth v. M.T.
Docket #: 9633CR2876
Charges: Assault and Battery with a Dangerous Weapon

Synopsis: It was alleged that the defendant put a knife against the alleged victim's throat and tried stabbing the alleged victim in the stomach. During the struggle the alleged victim's left thumb was cut.

Verdict:    While the jury deliberated the defendant offered a guilty plea in exchange for probation.

Commonwealth v. M.F.
Docket #: 9633CR5934
Charges: Possession Cocaine and Conspiracy

Synopsis: The police alleged that the defendant drove some people to buy cocaine. The police said that the defendant pulled into a driveway and parked. One person got out of the car and went around the corner to a house. When that person returned to the car he got into the back seat and leaned forward extending his hand, with the cocaine in it, toward the defendant who had turned around toward the back seat.

Verdict: Not Guilty - Possession; Continued Without a Finding - Conspiracy (plea).

Commonwealth v. W.S.
Docket #: 9733CR2156
Charges: OUI (.12 Breathalyzer)

Synopsis: The state alleged that the defendant was operating his car under the influence of liquor. A Massachusetts State Trooper testified that the defendant failed field sobriety "tests" and a breathalyzer.

Verdict:  Not Guilty

Commonwealth v. B.A. and S.G.
Docket #:   9733CR4785 (9633CR3880) 2. 9733CR4784 (9633CR3883)
Charges:  Assault and Battery on a Police Officer; Resisting Arrest; Disturbing the Peace

SYNOPSIS: 

Verdict:    Not Guilty Assault and Battery on a Police Officer
                  Not Guilty Resisting Arrest
                  Guilty Disturbing the Peace


Commonwealth v. N.A.
Docket No. 9833CR04969
Charges:  Assault and Battery; Larceny of Prop. Over $250.00; B&E Daytime Felony

SYNOPSIS: The alleged victims stated that while they were sitting in their apartment they heard a knock on their door. When one of them opened the door, the defendant and two other males allegedly entered the apartment and struck one of the occupants and then stole 90 CD's, each having a value between $13.00 and $15.00. The police testified that they observed a small amount of blood coming from one of the occupant's mouth.

Verdict:  Not Guilty all counts

Commonwealth v. R.D.
Docket #:  9833CR4921
Charges: Larceny in Building

SYNOPSIS: It was alleged that the defendant and the alleged victim were in a relationship. The alleged victim went to sleep one night and when he was awakened, he claims that he could not find his jewelry. Some of the jewelry included items that once belonged to his deceased wife and items that his deceased wife gave him. The alleged victim said that he was sure he put these items on the table just before he went to sleep. He also alleged that the defendant was the only other person in his apartment that night.

Verdict:  Not Guilty

Commonwealth v. L.R.
Docket #:  9833CR7769
Charges: Assault and Battery by Means of a Dangerous Weapon (scissors); A&B given to jury as separate count, on separate verdict slip.

SYNOPSIS: The alleged victim claimed that the defendant, and a friend of the defendant, attacked her at a Dunkin Donuts parking lot. The alleged victim claimed that once the defendant had her on the ground the defendant cut her hair with a pair of scissors. Once the attack ended, the alleged victim said she picked up her hair from the ground and went to the police station to report the incident. The alleged victim claimed to have cuts on her hands and head. She further claimed that her hands were covered in blood. Eventually the alleged victim drove herself to the hospital for treatment.

Verdict:  Not Guilty all counts

Commonwealth v. F.T.
Docket #:  9833CR8669
Charges:  Larceny of Property over $250.00; Receiving Stolen Property under $250.00

SYNOPSIS:  It was alleged that shortly before 6 a.m. the alleged victim had walked out of his home and placed a 27 inch television and a Fisher stereo on the ground in front of his house, he said he had planned on taking these items to the repair shop. He went back into the house and when he came back outside he saw a male placing the television and stereo in a gray van. When the alleged victim yelled to this male, the male fled in a van. The alleged victim claimed that he was able to see some of the stolen property in the van. He gave the police the license plate number of the van. Within 20 minutes the police had located the van, which belonged to the defendant and was at the defendant’s house. They claimed the engine was still warm and the alleged victim identified the van and some wood in the defendant's back yard as belonging to him. The stain, weathering, brand name and number all were alleged to have matched other wood at the alleged victim's home.

Verdict:   Not Guilty all counts

Commonwealth v. J.T.
Docket #:   9933CR005982
Charge:  Indecent Assault and Battery on Child under 14

SYNOPSIS: The defendant was accused of entering the alleged victim's apartment, taking her to her bedroom and indecently touching her, while a friend of the alleged victim was present inside the apartment.

Verdict:  Not Guilty

Commonwealth v. D.S.
Docket #:  0033CR002796
Charge:  Receiving Stolen Property over $250.00

SYNOPSIS: The defendant's son and some of his "friends" admitted to breaking into the Fairhaven High School and destroying property in the school. Damages were estimated at $16,399.61, with $8,000.00 needed to repair the marble bust. They took with them the marble bust of Henry Huttleston Rogers, a very prominent and historical figure in the Fairhaven community. It was alleged that the defendant knew what his son did, that his son had taken the marble bust to the defendant’s home and that the defendant helped his son hide the marble bust near the tomb of Henry Huttleston Rogers.

Verdict:  Not Guilty (Directed Verdict, Close of Commonwealth’s case)

Commonwealth v. R.D.
Docket #:  0033CR4239
Charge:  Unauthorized Use of a Motor Vehicle

SYNOPSIS: An eyewitness claimed that she saw the defendant driving a stolen car owned by her boss. The eyewitness identified the defendant at a local pharmacy and called the police. She insisted, at trial, that it was the defendant that was driving the stolen car owned by her boss. The owner testified that his car was stolen and that he did not give the defendant permission to use his car.

Verdict:  Not Guilty

Commonwealth v. R. A.
Docket #: BRCR2000-00536-1-2
Charge:  Possession of a Firearm; Assault Dangerous Weapon

SYNOPSIS: An eyewitness claimed that she saw the defendant hold a gun to the head of the victim. The co-defendant took the gun from the defendant, shot the victim once in the head, killing him. The co-defendant was charged with murder and tried with the defendant.

Verdict:  Guilty all counts.   Sentence:  3-5 and 4-5 on and after.  This matter is currently under appeal.

Commonwealth v. a Juvenile
Charge:  Aggravated Rape and Assault Intent to Rape

SYNOPSIS: The alleged victim claimed that the defendant held her down while his brother raped her. After the struggle she passed out and remembers waking up in the closet naked. The alleged victim further claimed that the defendant attempted to rape her later that night while he was giving her a ride home.

Verdict:  Not Delinquent all counts.

Commonwealth v. R.C.
Docket #: 0233CR008286
Charge:  Reckless Operation of MV

SYNOPSIS: The alleged victim claimed that the defendant rammed his car into the back of the alleged victim’s car and pushed his car into an oncoming pick up truck. This allegedly occurred in the parking lot of Cardoza’s liquor store the day before Thanksgiving.

Verdict:  Guilty. $200.00 fine, $125.00 head injury fee; $50.00 VWF; $50.00 surfine. The Court allowed a written motion recommending that the defendant keep his license.

Commonwealth v. S.M.
Docket #:  9633CR194
Charge:  Operating after Suspension

Synopsis:  The facts of this case are reported in Commonwealth v. Medeiros, 45 Mass. App. Ct. 240 (1998).

Prior to trial a Motion to Suppress was heard by Judge Markey. The motion was denied. The defendant then filed an Interlocutory Appeal in the Supreme Judicial Court.  This appeal was heard and denied on September 11, 1996.

After trial a Motion for Stay of Execution of Sentence was denied in the District Court by Judge Leonard on September 30, 1997.  The defendant then filed a Motion for Stay of Execution of Sentence in the Massachusetts Appeal Court.  The Massachusetts Appeals Court allowed the motion on October 3, 1997. 

On appeal the conviction was Overturned and Judgment for the defendant entered on July 28, 1998.

Commonwealth v. D.G.
Docket #: 9933CR4283
Charges:  Assault and Battery; Assault and Battery by Means of a Dangerous Weapon (2 counts).

SYNOPSIS: The alleged victim testified that he was punched in the face, struck on the side of the head with cordless phone and kicked in the groin area by the defendant.

Verdict:  Not Guilty all counts.

Commonwealth v. J.J.
Docket #:  9933CR001757
Charge:  Operating to Endanger

SYNOPSIS: The New Bedford police alleged that the defendant operated his motor vehicle negligently so as to endanger the public. The police alleged that as a result of the defendant's negligent operation he caused an accident resulting in his car striking a telephone pole, guardrail and nearly striking a house.

Verdict:  Not Guilty

Commonwealth v. C.K.
Docket #:  0133CR2223
Charge:  Operating Under the Influence

SYNOPSIS: The police alleged that the defendant failed a number of field sobriety "tests" and as a result determined that the defendant was operating her car under the influence of liquor.

Verdict:  Not Guilty

Commonwealth v. R.N.
Docket #: 0460CR003602
Charge:

SYNOPSIS:

Verdict: At the end of trial the Court entered a Continuance Without a Finding.    The case was later brought back before the court and dismissed.

N. R. v. J.B. and the Bristol County Sheriff's Department
Docket #:  0013CV1918
Complaint:   Sexual Harassment and Retaliation for Filing a Sexual Harassment Complaint.
J.B. was represented by this office.  The Bristol County Sheriff's Department was represented by Bruce A. Assad.  The plaintiff was represented by Donald J. Fleming. 

SYNOPSIS: The plaintiff, a correctional officer, alleged that she was sexually harassed by the defendant, her supervisor.  She further alleged that he retaliated against her because she reported him for the alleged sexual  sexual harassment. 

Verdicts for the defendant J.B.

 

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