Blog Posts in April, 2015

  • FOX 25: Defense’s case against death in Tsarnaev Trial

    Defense attorney and former federal prosecutor Brad Bailey sat down with Fox 25’s Ted Daniel to discuss the Death Penalty phase of the Tsarnaev trial, and some of the arguments he expects the defense to present. Look for Brad’s comments at the 1:07 minute mark.
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  • Latest ACCA Case Presents SCOTUS With a Loaded Question About Firearms

    The U.S. Supreme Court ("SCOTUS") just reheard oral argument in an extremely important criminal case: Johnson v. United States . The Johnson case involves how the federal courts should interpret the Armed Career Criminal Act ("ACCA"), and whether the current interpretation of the ACCA is unconstitutionally vague. Under the ACCA, which has been codified by 18 U.S.C. § 924(e) , a federal firearms ...
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  • FOX 25: Ankle bracelet breakdown: Mass. losing track of criminals

    Criminal defense attorney and former prosecutor, Brad Bailey, sits down with FOX 25’s Mike Beaudet to weigh in on the FOX 25 and Northeastern University School of Journalism investigation into systemic problems with the Massachusetts Probation Department’s electronic monitoring program of some 3,000 accused and/or convicted criminals. Look for Brad’s commentary around the 1:50 minute mark.
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  • Odin Lloyd Murder Trial Post Mortem: Aaron Hernandez Jury Reveals Strength of Its Convictions

    I won't pretend I predicted the outcome of the Aaron Hernandez murder trial prior to the jury announcing its dramatic murder 1 verdict, last Wednesday. I did discreetly tell folks beforehand the general rule of thumb is the longer a criminal jury deliberates, the greater the likelihood of either a guilty verdict or hung jury. But "rules of thumb" are never rules of law, and almost every rule has ...
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  • Brad Bailey on Fox25

    Attorney Brad Bailey comments on the recent development that the District Attorney is not seeking criminal charges against the Malden, MA company involved in the March 2014 Back Bay fire in Boston that resulted in the deaths of two firefighters. Boston News, Weather, Sports | FOX 25 | MyFoxBoston Boston News, Weather, Sports | FOX 25 | MyFoxBoston
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  • Boston Herald: Boston double murder charges vs. Aaron Hernandez seen as stronger

    Photo by: Ted Fitzgerald Tuesday, April 14, 2015 By: Bob McGovern Potentially tougher legal battles likely lie ahead for former New England Patriot Aaron Hernandez, who faces a double-murder charge in Boston and numerous civil suits - even as he awaits a jury's decision in the largely circumstantial first-degree murder case in Fall River. "At least on paper, Suffolk County looks like it has the ...
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  • Boston Herald: Tsarnaev penalty phase set for April 21

    Analysts laud post-marathon resumption Saturday, April 11, 2015 By: Bob McGovern , Owen Boss The death penalty phase in the case against convicted marathon bomber Dzhokhar Tsarnaev will begin April 21 - the day after the Boston Marathon, in what some court watchers are calling a much-needed breather. The same jury that found the jihadist guilty on all 30 counts in connection with the April 15, ...
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  • A Legal Heads-Up on Insider Trading Prosecutions

    Finally, there's a little relief for attorneys like me who routinely defend insider trading cases in federal courts here in MA, throughout NE, in NY and elsewhere! The Second Circuit Court of Appeals, which was once described as the "Mother Court" for securities law by late Supreme Court (SCOTUS) Justice Harry Blackmun, recently decided a case which will have the effect of limiting the Department ...
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  • Boston Herald: Full Court Press: Shocking admission key to Aaron Hernandez’s PCP scenario

    Wednesday, April 8, 2015 By: Bob McGovern Aaron Hernandez was there the night Odin Lloyd was murdered, and that bombshell admission was the key to a high-risk defense gambit that could pay off with an acquittal or put the former New England Patriot behind bars. "He was a 23-year-old kid who witnessed something. A shocking killing, committed by someone he knew. He didn't know what to do," said ...
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  • Can Title IX Mean Gender Discrimination: Just Ask "John"

    Have you read the new Esquire Magazine article " Occidental Justice: The Disastrous Fallout When Drunk Sex Meets Academic Bureaucracy " (March 25, 2015) yet? I have, but really didn't need to. For awhile, I've been expressing concern about both potential, and actual, consequences of an expanded view of Title IX mandates that has prompted college administrators to conduct internal investigations of ...
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