| 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 |
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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:
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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.