Blog Posts in 2014

  • Tsarnaev to walk the proverbial Green Mile? A primer on the policies and procedures involved in Federal Death Penalty cases

    As a longtime criminal defense attorney I have defended many murder cases in state court. I have also defended virtually all possible federal charges in United States District (federal) Court. However, despite the literally dozens, with an "s," of state murder cases I have handled over the years, and the more than 200 federal criminal cases I have under my belt, I have never defended a state or ...
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  • For Bill Cosby SOL has more than one meaning

    I admit it. I am an unabashed Bill Cosby fan, and have been for a very long time. At the risk of dating myself both time-wise and terms-wise, one of my first purchases was his 1968 LP "To Russell, My Brother, Whom I Slept With." At an even younger age, I watched, but didn't really understand, his early foray into dramatic television via a starring role in the 1965 espionage series " I Spy," along ...
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  • Boston Globe: Charges in pharmacy case indicate US sees crime ring

    By GLOBE STAFF DECEMBER 18, 2014 Federal prosecutors allege that the pharmacists who ran the New England Compounding Center essentially ran the company like a criminal enterprise, engaging in a conspiracy to defraud customers with shoddy work that they knew could lead to deaths, according to several Boston lawyers' legal analysis of the 73-page indictment handed out Wednesday. By alleging ...
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  • Can I ask you a question? According to the SJC, starting next month, I can...

    Two weeks ago the Massachusetts Supreme Judicial Court (SJC) announced a new initiative, in the form of a Standing Order, in which trial attorneys and pro se litigants (persons representing themselves) will be able to directly participate in the jury voir dire process in Massachusetts. In other words, through this order lawyers and pro se litigants in MA courtrooms will be allowed, subject to ...
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  • As Predicted, Charges Announced Against NECC Officials

    Yesterday, federal RICO indictments were handed down against 14 owners and/or employees of the New England Compounding Center (NECC) in connection with the 2012 meningitis outbreak that sickened 750 and killed 64 people nationwide as result of tainted drug injections manufactured by NECC. The most serious charges of the indictments charge the defendants with causing the deaths of patients in ...
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  • Mass. Lawyers Weekly: Judge asked to accelerate attorney voir dire for Hernandez trial

    By: December 15, 2014 Talk about a baptism by fire. If Aaron Hernandez has his way, there will a high-profile audition of Massachusetts' new procedures for lawyer-conducted questioning of jurors. In a Friday (Dec. 12), counsel for the former New England Patriots tight end accused of murder asked Bristol Superior Court Judge E. Susan Garsh to allow attorney-conducted voir dire in the trial ...
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  • Evidence Out-of-Bounds: Why Lloyd text messages in the Hernandez murder case were ruled inadmissible

    So what was this ruling all about in the Aaron Hernandez (Odin Lloyd) murder case that had everyone talking last week? Did Judge Susan Garsh blindside the prosecution by ruling the deceased victim's text messages to his sister before he was murdered inadmissible ( i.e., can't be used against Hernandez)? Was her ruling a surprise and/or was it another example of the defense outmaneuvering, and ...
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  • Like a Rolling Stone; [UVA Rape Fact Checking] A Complete Unknown

    Aside from being understandably appalled by the specifics of the alleged gang rape that supposedly occurred inside a well-known fraternity house at my (Law) alma mater, the University of Virginia, as detailed by freelance author Sabrina Erdely, my first impression was to think, "Hmmmm. This sounds an awful lot like the similarly themed college campus-based novel I am Charlotte Simmons . The ...
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  • The New Prophylactic: Yes Means Yes

    Recently, the State University of New York (SUNY) system joined California colleges and universities in adopting "Yes Means Yes" policies. These polices are akin to an affirmative consent law, which aims to fundamentally change the way sexual assaults are dealt with across campuses. For SUNY, like California, this will be a wide-reaching change. The SUNY system encompasses 64 campuses and has ...
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  • The evidence is being released, but what really happened in the Michael Brown grand jury? Your [Fer]Guess[on] is as good as mine...

    It's been more than a week since the grand jury handed down its decision to "no bill" possible charges in the shooting death of 18 year old Michael Brown, allegedly by since retired Ferguson, MO police officer Darren Wilson, and passions still run high. That's understandable given sincerely held feelings about racial profiling, heavy-handed treatment of young black males, perceptions about a ...
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  • Boston Herald: Pats' brass may be asked about Hernandez' sanity

    TAKING THE STAND? Former Patriots linebacker Brandon Spikes, shown, and Patriots owner Robert Kraft are included on the list of potential witnesses in the murder trial of former Patriots tight end Aaron Hernandez. Tuesday, December 2, 2014 By: Chris Cassidy , Bob McGovern New England Patriots head coach Bill Belichick and owner Robert Kraft - just two of the more than 300 people on the ...
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  • Another Motion for Ch-ch-change of Venue Denied: Hernandez Case Singing Same Tune as Bulger and Tsarnaev

    So Judge Susan Garsh finally ruled that former New England Patriot Aaron Hernandez can be tried by a fair and impartial jury...in Bristol County. No surprise there. Last month, after oral arguments were given by both sides, I predicted this outcome on FOX25 television. As I saw it, with Judge Denise Casper finding that a fair and impartial jury could be empanelled in a trial for someone as ...
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  • Boston Herald: Full Court Press: Youth has been no excuse

    Wednesday, October 29, 2014 By: Bob McGovern Jurors didn't buy Robel Phillipos' too-stoned defense or Azamat Tazhayakov's argument that he was a "good kid" - and that could be bad news for the Tsarnaev defense team's anticipated argument that accused marathon bomber Dzhokhar was an impressionable youth controlled by his now-deceased older brother Tamerlan. When it comes to cases related to the ...
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  • California Passes New Affirmative Consent Law in Sexual Assault Cases; Will Massachusetts and Other New England States Follow?

    BOSTON, Oct. 28, 2014 /PRNewswire/ — In an effort to protect students from sexual assault on college campuses, on September 29, 2014, California Governor Jerry Brown adopted a new bill in regards to the high number of campus assaults. The bill known as “Yes Means Yes” is an affirmative consent law which aims to aid and change the way sexual assault reports are investigated by colleges. Photo – ...
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  • MA Lawyers Weekly: Podcast: Former prosecutor Brad Bailey on Phillipos conviction

    By: Noah Schaffer October 28, 2014 A federal jury today (Oct. 28) convicted Robel Phillipos of two counts of lying to federal agents who were investigating the Boston Marathon bombings. FBI agents testified that Phillipos told them a string of lies about the night of April 18, 2013, before finally acknowledging that he had been in bombing suspect Dzhokhar Tsarnaev's room at the University of ...
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