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Allegedly Intoxicated Milton Man Charged with Pointing Loaded Gun at Stranger

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BOSTON, May 16, 2017— A Milton man was arraigned today on charges he was drunk when he pointed a gun at a stranger in Allston, Suffolk County District Attorney Daniel F. Conley said.

ANDREW REGAN (D.O.B. 1/6/76) was arraigned today in Brighton Municipal Court on charges of carrying a firearm while intoxicated and assault with a dangerous weapon.  Assistant District Attorney Alyssa Tochka requested bail of $5,000.  Judge David Donnelly imposed $1,000 bail and ordered Regan to stay out of Allston and Brighton, stay away and have no contact with witnesses in the case, remain drug and alcohol free subject to random screening, and refrain from seeking reinstatement of his firearm license while the case is pending.

Prosecutors told the court that, shortly after 2:30 a.m. today, a man walking in the area of Linden Street in Allston approached two males, ages 21 and 22, as they sat talking inside a stopped vehicle.  When asked if he was okay, the man allegedly pulled out a firearm and pointed it at one of the men inside the vehicle.  The vehicle quickly drove off and the victim called 911.

Boston Police responded to the area and located a man in the area of Harvard and Brighton avenues, later identified as Regan, who matched the description provided by the victim and witness.  According to prosecutors, Regan was unsteady on his feet and slurred his words as officers spoke to him.  He was carrying a licensed Smith & Wesson 9 mm that was loaded with eight rounds of ammunition. 

The victim and witness both positively identified Regan as the man who pointed a gun at the victim, prosecutors said.

Regan was represented by Tom Amoroso.  He returns to court June 13.

 

 

 

 

 

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All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.


No Bail in Alleged Road Rage Homicide

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BOSTON, May 18, 2017— A Dorchester man was ordered held without bail on charges he shot and killed Joey DeBarros during a traffic argument, Suffolk County District Attorney Daniel F. Conley said.

DEONARINE GANGA (D.O.B. 7/12/87) of Dorchester was arraigned today in Dorchester Municipal Court in connection with DeBarros’ April 13 murder.  At the request of Assistant District Attorney John Verner, Judge Richard Sinnott ordered Ganga held without bail.  Ganga is already held on $50,000 bail after his April 18 arraignment in an unrelated incident in which he threatened an individual with a firearm.

Verner told the court that Ganga was the passenger of a blue Chrysler sedan that had blocked in the victim’s vehicle in the area of Gallivan Boulevard and Granite Avenue, prompting a verbal altercation.  During the argument, Ganga allegedly drew a gun and fired multiple shots through a window of the vehicle.  The car then fled the area.

DeBarros was transported to Boston Medical Center, where he died of his injuries.

Witnesses provided Boston Police with a description of the vehicle and a partial plate numbers.  Investigators identified the vehicle through Registry of Motor Vehicle records as belonging to a Dorchester woman associated with Ganga.  Ganga was observed as a passenger in the vehicle during a traffic stop in Abington in the weeks before the fatal shooting.

Officers observed Ganga entering the vehicle outside his Dorchester residence on April 14 and arrested him on unrelated charges.  Those charges stem from an April 7 incident in which he allegedly displayed a gun during an argument with another customer at a Dorchester Avenue business.  During that incident, prosecutors said, Ganga fled in the same vehicle involved in DeBarros’ murder. 

Elise McConnell is the DA’s assigned victim-witness advocate.  Ganga was represented by Kelli Porges.  He returns to court June 16.

 

 

 

 

 

 

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All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

DA Promises “Full, Fair, and Thorough” Investigation in Chelsea Fatality

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Suffolk County District Attorney Daniel F. Conley today delivered the following remarks on the death of KELLY PASTRANA (D.O.B. 2/8/79) in Chelsea:

“Good afternoon.  I’m Suffolk County District Attorney Daniel F. Conley and with me are Chief Brian Kyes, Captain Keith Houghton, and Captain David Batchelor of the Chelsea Police department and Chief Len Albanese of the Chelsea Fire Department.

“The individual involved in last night’s gunfight and house fire has been identified as 38-year-old Kelly Pastrana of Chelsea. 

“The facts as we understand them strongly suggest that this was a case of domestic violence.  It escalated to an armed assault on the female victim, a young child, and responding police officers – two of whom, we believe, also discharged their firearms in the course of the event.

“After the initial domestic assaults, evidence suggests that Mr. Pastrana deliberately set a fire inside the home, where he was found dead early this morning.  A short time ago, state pathologists ruled his death the result of a gunshot wound to the abdomen with thermal injuries from the fire. 

“As with any death that involves police activity, senior homicide prosecutors from my office are leading a full, fair, and thorough independent investigation to determine exactly what took place and whether criminal charges are warranted.  They will work with State Police detectives assigned to my office, with the assistance of specialized State Police units, the State Fire Marshal’s office, and Chelsea Police detectives.

“This is a standard procedural step and we have drawn no final conclusions at this early stage.  We will not do so until all the evidence is in and all the facts are known.  At that point, we will make all our findings public. As part of our unparalleled policy of transparency in these cases, we will release the entire investigative file to Mr. Pastrana’s family and the news media.

“The preliminary evidence suggests that Mr. Pastrana had assaulted the adult female victim prior to the first police response at about 9:18 pm.  He allegedly chased her and a young child out of the home and discharged a handgun at a nearby location where they had sought help.  No one was struck by that gunfire.

“Mr. Pastrana then returned to his home, where he encountered a responding Chelsea Police officer outside and additional shots were fired.  We believe Mr. Pastrana entered the residence and discharged his weapon through a window in the direction of officers.  At least one officer also discharged a firearm.

“Police negotiators attempted to make contact with Mr. Pastrana.  Those efforts were unsuccessful.  Instead, the early evidence suggests, he set a fire inside that went on to engulf the building and adjacent houses. Chelsea firefighters with the help of neighboring departments extinguished the blaze only after extensive efforts over several hours.  Investigators were able to enter the home shortly after 2:00 this morning and found Mr. Pastrana deceased.

“Domestic violence calls are among the most volatile that police officers answer.  This one involved an assailant armed with a loaded handgun – and while neither the adult victim nor the young child suffered physical injury, they underwent a terrifying and traumatic ordeal.  I ask that you keep them in your thoughts and respect their privacy.

“I’d now like to ask Chief Kyes to say a few words.”

Conley urged the victims of any crime, including domestic violence, to call 911 in an emergency. SafeLink, a statewide DV hotline, can be reached at 877-785-2020. SafeLink is answered by trained advocates 24 hours a day in English, Spanish, and Portuguese, as well as TTY at 877-521-2601. It also has the capacity to provide multilingual translation in more than 140 languages.

 

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All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

Judge Raises Alleged Scammer’s Bail

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Prosecutors Had Sought Revocation

BOSTON, May 24, 2017— The New Hampshire man currently charged with stealing more than $350,000 from romantic partners and others today saw his bail increased after prosecutors presented evidence that he had committed new, similar offenses in other jurisdictions, Suffolk County District Attorney Daniel F. Conley said.

MICHAEL J. SHIELDS Jr. (D.O.B. 4/20/91) of New Hampshire is currently facing a 45-count indictment charging 21 counts of credit card fraud, 17 counts of use of a stolen or fraudulently obtained credit card, one count of larceny over $250, and two counts each of larceny over $250 by single scheme, attempting to commit larceny over $250, and intimidation of a witness.  He has been free on $7,500 bail that was posted after his October 19, 2016 arraignment in Suffolk Superior Court.  The case returned to court today as prosecutors argued that Shields violated the conditions of his release.

Assistant District Attorney George Barker of the DA’s Special Prosecutions Unit asked that Shields’ bail be revoked in light of new information that he said provides probable cause to believe that Shields committed new offenses while on bail and presents a danger to the public – the two prongs that must be met to revoke bail under Massachusetts General Law Ch. 276 Sec. 58B.  Judge Beverly Cannone instead raised Shields’ bail by an additional $2,500 to a total of $10,000.  She ordered Shields to wear a GPS monitoring device, remain within Massachusetts, and not open any new credit cards or cause others to open new credit cards while his case is pending.

Among the currently pending charges, Shields is accused of opening more than a dozen credit cards in the names of five different women and using the cards to make charges of more than $350,000 on purchases including meals, vacations, clothing, and jewelry.  Authorities said Shields typically met victims through social media sites and became involved in brief romantic relationships.  During the relationship, he would ask the victim for her personal identifying information, often stating that he wanted to make the victim an authorized user on his credit cards in order to take care of her financially. Instead of adding the victim to his own credit card accounts, however, prosecutors say Shields used the victim’s personal information to open credit cards and added himself as an authorized user.

After his October arraignment and subsequent release on bail, Shields allegedly opened new credit cards in the names a woman in Alabama and a woman in Oklahoma, each of whom told police they had provided personal identifying information to Shields with the expectation she would be added as an authorized user on Shields’ account.  These accounts were opened between November 2016 and January 2017.

No charges have yet been filed in connection with the new allegations.

Shields is represented by Anne Iglehart.  He returns to court July 31.

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All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

Four Guilty of Murder in “Vicious” 2013 Homicide

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BOSTON, May 24, 2017—The four men who colluded in the fatal shooting of 25-year-old Romeo McCubbin were convicted of murder today, Suffolk County District Attorney Daniel F. Conley said.

A Suffolk Superior Court jury today found OMAR BONNER (D.O.B. 8/2/87), OMAR DENTON (D.O.B. 5/9/84), and ANDREW ROBERTSON (D.O.B. 06/09/1976), and JAVAINE WATSON (D.O.B. 10/11/90) guilty of first-degree murder in McCubbin’s homicide on Havelock Street. After an outburst in the courtroom, Judge Linda Giles ended the proceedings and scheduled sentencing for May 30.

During two weeks of trial, Assistant District Attorney Ian Polumbaum introduced evidence and testimony proving that the defendants ambushed McCubbin as he sat in a vehicle on Havelock Street at about 1:45 am on Dec. 14, 2013. The evidence showed that Watson drove Robertson to the scene, where Robertson shot McCubbin repeatedly before Watson drove him away. McCubbin crawled out of his vehicle, at which point Bonner and Denton approached him on foot. Denton shot McCubbin repeatedly and Bonner kicked him as he lay dying on the ground. Bonner and Denton fled in a vehicle driven by Denton.

“This was a vicious group attack on an unsuspecting victim,” Conley said. “The jury’s verdicts were entirely appropriate to the evidence and I hope Mr. McCubbin’s loved ones can take some satisfaction knowing that justice was served on his behalf.”

Polumbaum tried the case with Assistant District Attorney Teresa Anderson of the DA’s Appellate Division. Michael Glennon was the DA’s assigned victim-witness advocate.

 

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All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

Massage Therapist Charged with Assaulting Client

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BOSTON, May 25, 2017— A Boston massage therapist was arraigned today on charges he assaulted a female client of a Logan Airport massage studio, Suffolk County District Attorney Daniel F. Conley said today. 

DARNELL E. WILLIAMS, 29, was arraigned this afternoon in East Boston Municipal Court on a charge of rape in connection with the May 22 assault.  Assistant District Attorney Caroline Humphrey requested bail of $15,000; a judge imposed $5,000 bail after Williams walked into court on his own accord.  In the even he posts that amount, Williams is ordered to wear a GPS monitor, remain on home confinement, stay away and have no contact with the victim, report the allegations against him to the state licensing board, surrender his massage license, and not work as a massage therapist while the case against him is pending.

According to prosecutors, Williams was working as a massage therapist at a massage studio located inside Terminal B of Logan Airport on May 22.  The victim, who was in the terminal awaiting a return flight to her home state, received a massage from Williams, during which Williams is alleged to have sexually assaulted the woman.  She disclosed the assault to a family member upon her return home and contacted Massachusetts State Police. 

Troopers identified Williams as the employee who was working at the time of the assault and matched the physical description provided by the victim.  During an interview, Williams allegedly made statements incriminating himself in the assault, prosecutors said. Sexual assault can happen to anyone. While the victims of any crime are asked to call 911 in an emergency, survivors of sexual violence can also call their local rape crisis center for free and confidential services and to discuss their options. Support is available for all survivors of sexual violence, regardless of whether they wish to take part in a criminal prosecution. Services by city and town can be found at www.janedoe.org/find_help/search

In Suffolk County, the Boston Area Rape Crisis Center offers a free and confidential 24-hour hotline at 800-841-8371. The Boston Area Rape Crisis Center provides medical accompaniment and many other free services to victims of rape and sexual assault. Suffolk victim-witness advocates can assist in referrals to BARCC and a wide array of non-profit service providers who can offer additional support and services.

Anne Kelley-McCarthy is the DA’s assigned victim-witness advocate.  Williams was represented for bail purposes only by Tracy Firicano.  He returns to court June 1.

 

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All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

“We Live with an Emptiness that No One Can Fill”

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Three Get Life in 2013 Murder; Fourth Defendant to Face Judge Later

 

BOSTON, May 30, 2017— Three men convicted of murdering 25-year-old Romeo McCubbin were sentenced to life in prison today, while the fourth man found guilty in the 2013 homicide faces the same sentence at a later date, Suffolk County District Attorney Daniel F. Conley said.

A Suffolk Superior Court jury on Thursday convicted OMAR BONNER (D.O.B. 8/2/87) of Hyde Park, OMAR DENTON (D.O.B. 5/9/84) of Milton, ANDREW ROBERTSON (D.O.B. 06/09/1976) of Hyde Park, and a fourth man, JAVAINE WATSON (D.O.B. 10/11/90) of Dorchester, of first-degree murder in connection with McCubbin’s 2013 shooting death.  The jury also convicted Robertson of unlawful possession of a firearm.  The case was previously tried in 2016, at which time a separate jury convicted Bonner of unlawful possession of a firearm and resisting arrest and Denton of unlawful possession of a firearm but was unable to come to a unanimous decision on the remaining charges, resulting in a mistrial on those charges.  Bonner, Denton, and Robertson faced sentencing today on convictions stemming from both the 2016 trial and this month’s retrial; Watson will be sentenced at a later date.

Judge Linda Giles sentenced Bonner, Denton, and Robertson to life in prison without the possibility of parole – the mandatory term for first-degree murder – and concurrent terms of four to five years in prison for unlawful possession of a firearm.  She also sentenced Bonner to a concurrent term of two years in the house of correction for resisting arrest.

During the course of a two-week trial, Assistant District Attorney Ian Polumbaum introduced evidence and testimony to prove that McCubbin was sitting inside a vehicle on Havelock Street at approximately 1:45 a.m. on Dec. 14, 2013, when Robertson exited a vehicle driven by Watson and shot McCubbin repeatedly.  Robertson then reentered Watson’s vehicle and the two drove away.  The evidence showed that McCubbin crawled from his vehicle and was approached on foot by Bonner and Denton.  Denton shot McCubbin repeatedly and Bonner kicked him as he lay mortally wounded.  The two men then fled in a vehicle driven by Denton.

Before the sentences were imposed, Polumbaum read an impact statement that was written by McCubbin’s family.

“Our grief is like the weather, some days it’s calm, quiet, maybe even a little sunny.  Other days, it’s a devastating storm that makes us feel angry, exhausted, raw, and empty.  It’s a bitter experience to grieve the death of our dearly beloved baby of the family,” McCubbin’s loved ones wrote. “His death will forever be difficult for us.  We live with an emptiness that no one can fill.”

Assistant District Attorney Teresa Anderson of the DA’s Appellate Unit served as second-seat at trial.  Michael Glennon was the DA’s assigned victim-witness advocate.  Bonner was represented by James Greenberg, Denton by Rosemary Scapicchio, Robertson by Kevin Mitchell, and Watson by Martin Leppo.

 

 

 

 

 

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All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

 

Nine Arraigned after Online Prostitution Sting; One to Follow Next Week

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BOSTON, May 24, 2017—One Boston man and eight others from outside the city were arraigned yesterday on charges they sought sex for a fee from Boston Police detectives in an online prostitution sting, Suffolk County District Attorney Daniel F. Conley said.

The defendants were arrested during an operation executed Tuesday evening by the Boston Police Human Trafficking Unit and district detectives. The operation resulted in the arrests of the following defendants were arraigned yesterday in Boston Municipal Court on a charge of sex for a fee:

  1. MURAT INAMLI (D.O.B. 10/3/66) of Brookline
  2. ZIAN JIANG (D.O.B. 11/10/96) of Boston
  3. WILLIAM J. MARCHANT (D.O.B. 12/28/62) of Norwood
  4. ESWIN ESTEBAN (D.O.B. 7/1/77) of Chelsea
  5. BENJAMIN SILVER (D.O.B. 1/14/77) of Somerville
  6. JAMES M. ROSE (D.O.B. 9/9/57) of Boston
  7. THOMAS HOLT (D.O.B. 6/27/75) of Belmont
  8. NIKUNK B. PATEL (D.O.B. 6/7/90) of Revere
  9. ARCHIE FOXWORTH (D.O.B. 4/10/49) of Hull

Each defendant released on his own recognizance.

Also arrested Tuesday was ANDREW KYRIACOU (D.O.B. 5/21/66) of Shrewsbury.  At his attorney’s request and over the objection of prosecutors, Judge Thomas Horgan postponed Kyriacou’s arraignment until June 6. 

Prosecutors allege that each of the defendants responded to an online advertisement posted by detectives assigned to the Boston Police Human Trafficking Unit and negotiated sexual conduct in exchange for money. The men were placed under arrest at the location where they had agreed to meet the undercover detectives.

“Human trafficking exists because sex buyers make it profitable,” Conley said. “Part of our strategy is making clear that there are personal, social, and legal consequences for that behavior. If you come into Suffolk County to buy sex, you aren’t just participating in an industry that thrives on exploitation – you’re risking arrest and prosecution.”

Under Massachusetts’ 2011 human trafficking legislation, offering to pay another person for sexual conduct is punishable by up to two and a half years in a house of correction and a fine of $1,000 to $5,000. Anyone with information on or concerns about human trafficking can call the Polaris Project’s national human trafficking resource center hotline at 888-373-7888 or send a text to “BeFree” (233733).

Each of the arraigned defendants return to court in July.  Kyriacou will appear is expected to be arraigned June 6.

 

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All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

 


Six-Month Multi-Agency Investigation Leads to Three Human Trafficking Arrests

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BOSTON, June 2, 2017—A joint investigation by local police, state prosecutors, and federal agents culminated in three arrests on human trafficking charges this week, authorities announced.

Suffolk County District Attorney Daniel F. Conley, Boston Police Commissioner William B. Evans, Revere Police Chief Joseph Cafarelli, Woburn Police Chief Robert J. Ferullo, Jr, and Special Agent in Charge Matthew Etre of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations Boston announced the operation following the execution of search warrants this afternoon on Putnam Street in East Boston and Bradstreet Avenue in Revere.

Arrested on charges of trafficking in persons for sexual servitude were:

  1. CESAR ALDANA-CARRANZA (D.O.B. 1/25/69) of Revere;
  2. his wife, ELDA MUNOZ (D.O.B. 8/14/74), also of Revere; and
  3. his sister, NABIA ENAMORADO (D.O.B. 8/23/66), of East Boston.

Assistant District Attorney Melissa Brooks of the Suffolk DA’s Human Trafficking and Exploitation Unit recommended $100,000 cash bail for Aldana-Caranza and Munoz and $50,000 cash bail for Enamorado. She further recommended orders that the defendants surrender their passport and wear GPS monitors if they post bail. East Boston Municipal Court Judge John McDonald imposed $20,000 bail for Aldana-Carranza and Munoz, $5,000 cash bail for Enamorado, and the passport and GPS orders for all three defendants.

“Human trafficking is human exploitation for profit,” DA Conley said. “Pimps and traffickers cash in on it, sex buyers contribute to it, and victims suffer because of it. Our goal is to build strong cases against perpetrators and deliver support and services to survivors. Suffolk prosecutors work with a broad array of law enforcement agencies and social service providers in this important work, and we’re grateful for their partnership.”

“Human trafficking is not a victimless crime,” said Commissioner Evans. “The exploitation of women for profit is unacceptable and will not be tolerated in my city. I commend the efforts of my detectives and all who worked to identify and apprehend these suspects.”

“These arrests reflect HSI’s ongoing efforts to dismantle criminal organizations that engage in the scourge of human trafficking,” said Special Agent in Charge Etre. “By taking a victim-centered approach, HSI and our partners remain firmly committed to ensuring survivors get the help they need and their captors are brought to justice.”

The arrests were based on evidence developed in multiple joint surveillance operations, the analysis of phone records obtained pursuant to a search warrant, detectives’ detailed observations of advertisements on web-based prostitution platforms, and plainclothes operations in which “dates” were arranged through those web sites and subsequently called off. The investigation arose out of a Woburn narcotics investigation during which a cell phone was seized, examined, and found to contain text message exchanges that strongly suggested commercial sexual exploitation.

Human trafficking is a felony punishable by up to 20 years in state prison upon conviction. Anyone with information on or concerns about human trafficking can call the Polaris Project’s national human trafficking resource center hotline at 888-373-7888 or send a text to “BeFree” (233733).

Enamorado was represented by attorney Christina Rodrigues and will return to court on June 28. Aldana-Carranza and Munoz are expected to face arraignment tomorrow.

 

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All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

One Held Without Bail as Investigation Continues in May Homicide

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BOSTON, June 5, 2017— A Boston man is held without bail in a fatal Downtown shooting last month, while Boston Police continue to search for a second man charged in the killing, Suffolk County District Attorney Daniel F. Conley said.

RICARDO EDWARDS (D.O.B. 2/14/94) of Boston was arraigned in Boston Municipal Court today on a charge of murder in connection with the victim’s May 27 shooting death.  At the request of Assistant District Attorney Jennifer Hickman of the DA’s Homicide Unit, Judge David Breen ordered Edwards held without bail.

The identity of the victim is not being released at this time while process of notifying family members is ongoing.

Hickman told the court that, at approximately 2:30 a.m. on May 27, the victim was smoking a cigarette outside 66 Hudson St., when a security camera captured a blue car pull up and a man later identified as Edwards step out.  After a brief conversation with the victim, Edwards allegedly shot him multiple times in the abdomen.  He then entered the car and fled the area. 

The victim was transported to Tufts Medical Center, where he died of his injuries.

Edwards turned himself in to Boston Police Saturday and was placed under arrest.

Boston Police continue to seek GREG WRIGHT (D.O.B. 12/16/95) of Cambridge in connection with the May 27 homicide.  Anyone with information on his whereabouts is asked to call Boston Police Homicide Detectives at 617-343-4470.

Erin O’Connor is the DA’s assigned victim-witness advocate.  Edwards is represented by Lefteris Travayiakis.  He returns to court June 30.

 

 

 

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All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

 

 

Guilty Plea in Fatal Stabbing

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BOSTON, June 7, 2017— Moments before her jury trial was set to begin, a Dorchester woman pleaded guilty in the stabbing death of her boyfriend, 28-year-old Anthony Sinclair, Suffolk County District Attorney Daniel F. Conley said.

A Suffolk Superior Court jury had been seated and was slated to hear opening arguments this morning in the trial of VALERIE CIRILO-PEREZ (D.O.B. 11/18/90) on a second-degree murder charge. Rather than have a jury determine her fate, however, Cirilo-Perez instead chose to plead guilty and admitted to manslaughter in Sinclair’s 2015 stabbing death.  At the recommendation of Assistant District Attorney David Bradley of the DA’s Homicide Unit, Judge Kenneth Fishman sentenced Cirilo-Perez to nine to 14 years in state prison.

Had the trial proceeded, Bradley would have presented evidence and testimony to prove that Cirilo-Perez and Sinclair were involved in a romantic relationship that was marked by prior incidents of domestic violence allegedly committed by both individuals, including an incident in which Cirilo-Perez stabbed Sinclair in the back.  On Dec. 8, 2015, Sinclair and Cirilo-Perez – who was pregnant and outweighed the victim by more than 100 pounds – were involved in a verbal argument that escalated into a physical altercation during which Cirilo-Perez stabbed the victim with a small kitchen knife, piercing his heart.

Sinclair was transported to Boston Medical Center, where he died of his injuries.

Cirilo-Perez called 911 and was inside the apartment when first responders arrived.  She made mutually inconsistent statements to investigators on the events leading up to the stabbing, prosecutors said, including a claim that Sinclair had come home drunk, which was refuted by toxicology testing performed as part of the autopsy that showed no alcohol in his system at the time of his death.

The victims of any crime, including domestic violence, should call 911 in an emergency. SafeLink, a statewide DV hotline, can be reached at 877-785-2020. SafeLink is answered by trained advocates 24 hours a day in English, Spanish, and Portuguese, as well as TTY at 877-521-2601. It also has the capacity to provide multilingual translation in more than 140 languages.

Assistant District Attorney Matthew Sears of the DA’s Appellate Unit served as second-seat.  Elise McConnell was the DA’s assigned victim-witness advocate.  Cirilo-Perez was represented by Christopher Belezos.

 

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All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

 

Judge Rejects Challenge to 2011 Murder Verdict

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BOSTON, June 7, 2017—A change in the law governing the use of certain cell phone records at trial will not benefit the man convicted of murdering George “Jeffrey” Thompson in 2010 because investigators assigned to his homicide provided affidavits containing detailed information that met the new, higher threshold – even though it would not be required in Massachusetts courts for four years, Suffolk County District Attorney Daniel F. Conley said.

Suffolk Superior Court Judge Beverly Cannone denied a motion by OMAY TAVARES for a new trial in Thompson’s shooting death, for which he was convicted of first-degree murder. Tavares had argued that the cell site location information introduced at his trial was obtained improperly in light of the Supreme Judicial Court’s 2014 decision in Commonwealth v. Shabazz Augustine I, but Cannone rejected that claim and found that investigators’ affidavits for court orders under the prevailing law at the time were sufficiently detailed that they would have supported search warrants as the high court would years later require.

“The new rule announced in Augustine I means the Government must demonstrate probable cause, a higher standard of proof than a [court order], which merely needed ‘specific and articulable facts’ demonstrating that the CSLI is ‘relevant and material to an ongoing criminal investigation,’” Cannone wrote. “[T]his showing is by affidavit and courts can retroactively determine whether that affidavit met the new higher standard, even if it was unnecessary at the time.”

Cell site location information from one of Tavares’ cell phones proved that he called the 28-year-old Thompson repeatedly in the hours leading up to the Jan. 7, 2010, homicide, including a call from immediately outside Thompson’s home, where the doorbell was disabled, shortly before Thompson was murdered by a visitor. Cell site location information from another of Tavares’ cell phones – on which he texted the message “Yo I got bagged” from Boston Police headquarters on the day of his arrest – showed that it had been activated the day after the homicide.

Cannone ruled that the affidavits filed in support of the 2010 court orders for both phones’ cell site location information were sufficiently detailed that they met the requirements set by the 2014 Augustine I decision. The affidavit for the first phone’s CSLI “reflected sufficient key facts beyond a strong suspicion based on what was known at the time,” she wrote, and the affidavit for the second noted the date of its activation and text message from a police interview room, which she found “demonstrate a consciousness of guilt.”

Cannone also ruled that the admission of CSLI evidence did not create a risk of a miscarriage of justice and that “substantial admissible evidence in the aggregate supported the jury’s verdict, independent of the CSLI for both phones.”

Assistant District Attorney Cailin Campbell of Conley’s Appellate Division argued against the motion. Former Assistant District Attorney Gretchen Lundgren prosecuted the case at trial.

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All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

No Bail in Fatal Chelsea Beating

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BOSTON, June 14, 2017— A Chelsea man will continue to be held without bail in the beating death of 32-year-old Melvin Cortes earlier this year, Suffolk County District Attorney Daniel F. Conley said.

KAMAYA FARIKAFI (D.O.B. 12/7/93) was arraigned today in Suffolk Superior Court on a charge of second-degree murder in connection with the Feb. 5 assault in Chelsea that claimed Cortes’ life nearly a week later.  At the request of Assistant District Attorney Lynn Feigenbaum of the DA’s Senior Trial Team, Clerk Magistrate Lisa Medeiros ordered Farikafi held without bail.  Farikafi has remained in custody since his Feb. 23 arraignment in Chelsea District Court. 

Feigenbaum told the court that on the morning of Feb. 5, Farikafi and Cortes became involved in a verbal altercation with a man known to Farikafi.  At the time, Farikafi had a metal baseball bat visible under his distinctive camouflage jacket. 

During the course of the argument, Cortes produced a screwdriver from his pocket.  Farikafi then struck Cortes in the head with the bat and continued to hit him after he was on the ground.

Cortes was transported to Massachusetts General Hospital, where he remained until his death Feb. 11.           

After the fatal encounter, Farikafi disposed of the bat in a nearby dumpster and abandoned the distinctive jacket in an alleyway.  Those items were recovered by Chelsea Police detectives and State Police detectives assigned to Conley’s office, who also recovered surveillance imagery and interviewed witnesses during the course of an investigation that identified Farikafi as the alleged assailant.

On Feb. 6, Farikafi traveled to Cincinnati, Ohio, where he was apprehended Feb. 15 with the assistance of the State Police Violent Fugitive Apprehension Section and US Marshals.

Jennifer Sears is the DA’s assigned victim-witness advocate. Farikafi was represented by attorney Bernard Grossberg.  He returns to court July 27.

 

 

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All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

 

 

 

Year-Long Effort Leads to 98 Indictments on Gun, Drug Charges

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BOSTON, June 14, 2017—Suffolk County District Attorney Daniel F. Conley delivered the following remarks today on the conclusion of “Operation Hanover,” a year-long effort undertaken by Suffolk prosecutors, Boston Police detectives, and Bureau of Alcohol, Tobacco, Firearms, & Explosives agents:

“In Boston and Suffolk County, our modern public safety strategies mean taking a smart-on-crime approach.  The investigation known as Operation Hanover was a targeted effort to identify, apprehend, and prosecute the driving players in a deadly feud between the rival Wendover and Cameron Street groups.  Beginning last June, Boston Police and ATF agents orchestrated the purchase of guns and drugs from members of both gangs, because at the intersection of guns and drugs are the violence and retaliation that have already claimed too many lives.

Suffolk County District Attorney Daniel F. Conley briefs the media on the conclusion of “Operation Hanover,” a year-long effort undertaken by Suffolk prosecutors, Boston Police detectives, and Bureau of Alcohol, Tobacco, Firearms, & Explosives agents.

Suffolk County District Attorney Daniel F. Conley briefs the media on the conclusion of “Operation Hanover,” a year-long effort undertaken by Suffolk prosecutors, Boston Police detectives, and Bureau of Alcohol, Tobacco, Firearms, & Explosives agents.

“The investigators in this case approached their task with an eye to building strong cases that would stand up in a Suffolk County courtroom.  And toward that end, many of the transactions were captured on audio and/or video recording devices provided by our federal partners.

“Drug dealers and gun traffickers don’t post their licenses for inspection.  So in the weeks and months following these controlled transactions, investigators undertook extensive efforts to identify them. 

“Some were recognized by experienced Boston Police personnel.  Others were known to confidential informants.  And others were identified through the careful correlation of telephone, motor vehicle, and residential records. 

“Earlier this year, the Gang Unit of our Crime Strategies Bureau began presenting the accumulated evidence to the Suffolk County Grand Jury.  Last week, those proceedings yielded some 98 indictments, including nine for firearms trafficking, 12 for high-capacity or assault weapon violations, and 19 for the distribution of fentanyl, cocaine, and marijuana. Six of the defendants face enhanced penalties as second or subsequent offenders.  And two have been charged either as habitual offenders or armed career criminals for prior crimes of violence and drug distribution.  

“They executed arrest warrants on those indictments yesterday and this morning, taking every single target into custody without injury and recovering almost a dozen firearms – in addition to the 11 taken off the street during the controlled buys in the latter half of last year. 

“Every one of those guns represents a shooting or a homicide prevented.  Boston will be a safer place this summer because they’re off the street.

“I want to commend the men and women of the BPD Youth Violence Strike Force and ATF for the remarkable job they’ve done from start to finish.  And I want to single out two of our prosecutors, Assistant District Attorney Caitlin Fitzgerald and Marc Tohme, for their work marshaling a massive amount of evidence.  The defendants arrested yesterday have been held on bails that range from $15,000 to $250,000 cash bail, and we expect similar amounts to be set during the second wave of arraignments today. 

“We’ll have a full accounting of names, bails, and next dates later this afternoon, and I can try to answer a few of your questions now.”

Arrested yesterday morning, arraigned through yesterday afternoon, and ordered to return to court on July 27 were:

  1. ROHAN ANDERSON (D.O.B. 8/24/90), indicted for trafficking in one to two firearms, unlawful sale of an assault weapon, unlawful possession of a firearm, unlawful possession of ammunition, unlawful sale of ammunition, and unlawful possession of a large-capacity feeding device, held on $15,000 cash bail;
  2. KEIMODY CROCKETT (D.O.B. 9/14/94), indicted for trafficking in one to two firearms, unlawful possession of a firearm, unlawful possession of ammunition, unlawful sale of ammunition, unlawfully carrying a loaded firearm, unlawful sale of a large-capacity feeding device, and unlawful possession of a large-capacity feeding device, held on $50,000 cash bail;
  3. JERAMIE CROFT (D.O.B. 3/8/84) (arrested June 14), indicted on five counts of distributing cocaine as a second offense, one count of trafficking in one to two firearms, and one count of unlawful possession of a firearm with four prior convictions for violent crimes;
  4. HECTOR GONZALEZ (D.O.B. 1/8/95), indicted on one count of trafficking in one to two firearms, one count of unlawfully selling an assault weapon, two counts of unlawful possession of a firearm, one count of unlawfully selling a large-capacity feeding device, one count of unlawful sale of ammunition, two counts of unlawful possession of a large-capacity feeding device, and one count of unlawful possession of ammunition, held on $50,000 cash bail;
  5. MERVYN INNIS (D.O.B. 2/7/84), indicted on one count of trafficking in one to two firearms, one count of unlawful sale of an assault weapon, and one count of unlawful sale of ammunition, held on $15,000 cash bail;
  6. JORGE RIVERA (D.O.B. 8/30/00), indicted as a youthful offender on one count of trafficking in one to two firearms and two counts of unlawful possession of a firearm, held on $250,000 bail;
  7. ALFREDO VELASQUEZ (D.O.B. 2/18/95), indicted on one count of trafficking in three to 10 firearms, one count of unlawful sale of an assault weapon, three counts of unlawful sale of ammunition, six counts of unlawful possession of a firearm with a prior conviction for carrying a dangerous weapon, four counts of unlawful possession of ammunition, two counts of unlawfully carrying a loaded firearm, and one count of unlawful possession of a large-capacity feeding device held on $150,000 cash bail; and
  8. EDWARD VELASQUEZ (D.O.B. 9/12/91), indicted for one count of trafficking in three to 10 firearms, five counts of unlawful possession of a firearm, four counts of unlawful possession of ammunition, four counts of unlawful sale of ammunition, three counts of carrying a loaded firearm, one count of unlawful possession of a large-capacity feeding device, and one count of unlawful sale of a large-capacity feeding device, held on $50,000 cash bail

Arrested this morning and still being arraigned as of late this afternoon are:

  1. LAWRENCE ANDRADE (D.O.B. 3/19/91), indicted for distributing marijuana;
  2. MARIA BARBOSA (D.O.B. 5/30/89), indicted on two counts of distributing cocaine and one count of distributing fentanyl.
  3. TONY BURT (D.O.B. 8/24/66), indicted for distributing cocaine with four prior convictions for distribution or possession with intent to distribute;
  4. CHRISTOPHER JONES (D.O.B. 5/21/78), indicted on three counts of distributing cocaine with a prior conviction for possession with intent to distribute;
  5. WAYNE ROGERS (D.O.B. 6/29/64), indicted on two counts of distributing marijuana and one count of distributing cocaine with two prior convictions for possession with intent to distribute;
  6. JOE ROSA (D.O.B. 3/15/82), indicted for distributing cocaine and distributing heroin; and
  7. CHAROD TAYLOR (D.O.B. 3/2/89), indicted on three counts each of distributing cocaine and distributing marijuana;

One additional defendant, SERGIO FIGUEROA-COLLAZO (D.O.B. 8/8/95), was already in custody. He has been indicted for for trafficking in one to two firearms, unlawful possession of a firearm, unlawful possession of ammunition, and unlawful sale of ammunition. Another, TAKARI ELLIOTT (D.O.B. 2/18/92), was arrested today on federal drug trafficking charges and will be prosecuted by the US Attorney for the District of Massachusetts.

 

 

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All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

DA’s Point Prosecutor on Dookhan Crisis Honored with Award

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Second Chelsea Staffer Recognized as Outstanding District Court Prosecutor

BOSTON, June 15, 2017—Suffolk County District Attorney Daniel F. Conley last night honored the supervising attorney in Chelsea District Court for his work as the point prosecutor in the Department of Public Health drug lab crisis caused by rogue chemist Annie Dookhan – shortly after that prosecutor presented a different award in appreciation to a top member of the Chelsea staff.

Citing the praise DeMore received from a former associate justice of the Supreme Judicial Court and others familiar with the crisis at the Hinton Laboratory, Conley presented Assistant District Attorney Vincent DeMore with the Special Recognition Award for the role he played in identifying, assessing, and resolving more than 16,000 Suffolk County drug convictions in which Dookhan’s certificate of drug analysis was part of the evidence along with packaging materials, cutting agents, scales, ledgers, phone records, text messages, video footage, field tests, the observations of police officers, and the statements of independent witnesses.

The award, one of several presented at the annual Suffolk Awards ceremony in Boston, recognized DeMore’s “outstanding contributions to the interests of justice and principled application of the law at every level of criminal practice,” Conley said.

In a 2015 letter, Associate Justice Margot Botsford of the Supreme Judicial Court singled out DeMore and his Essex County counterpart for recognition, writing “Suffolk County Assistant District Attorney Vincent DeMore and Essex County Assistant District Attorney Quentin Weld undertook to work with IT staff and others in each of their offices, as well as with police departments in each of their counties, to match … drug samples sent to the Hinton Lab to actual case docket numbers. Mr. DeMore and Mr. Weld did a wonderful job and produced extremely useful information.”

In a memorandum later the same year, Botsford commended the Suffolk and Essex district attorneys, writing that their prosecutors, including DeMore, “from the inception have participated constructively in all the proceedings before me … and have voluntarily provided enormous assistance to the court … in the complex and time-consuming process of identifying Dookhan defendants in their respective counties.”

And in her report this spring as a special master assigned to the proceedings, Botsford wrote “to thank and commend in particular the assistant district attorneys who have worked so hard on this effort, a group that includes Assistant District Attorney Vince DeMore of the Suffolk County District Attorney’s office.” The April 20 report followed Conley’s recommendation to dismiss more than 15,000 Dookhan-related cases under a framework established by the SJC late last year.

Conley praised DeMore’s labor over a period of years to identify, quantify, litigate, and in many proceedings vacate the thousands of affected cases.

“Of all the lawyers with a hand in decisions like Scott, Francis, Ruffin, and Bridgeman – decisions that shaped the Commonwealth’s response to an unprecedented challenge – I could always count on one in particular to help chart the fairest course forward, even if it took countless hours of thankless work to reach the destination,” Conley said. “In district, superior, and appellate court proceedings, he was a world-class example of the modern prosecutor’s versatility and discretion.”

DeMore received the award shortly after presenting Assistant District Attorney Kacie Sherman, whom he supervises, with the Outstanding District Court Prosecutor Award for her work with crime victims and civilian witnesses in Chelsea District Court over the course of the past year – even while serving as a de facto acting supervisor as DeMore fulfilled his responsibilities in tackling the DPH lab crisis.

As an example, DeMore highlighted Sherman’s service to the victim of a homeless domestic violence victim beaten with a brick while living in the area beneath the Tobin Bridge. Sherman worked tirelessly to ensure that DNA testing on the weapon and a swab from the assailant was completed in time for trial. She teamed up with Chelsea Police detectives and victim-witness advocates to stay in touch with the victim and ensure that witnesses would be present to testify – tasks made exponentially more difficult, DeMore said, by the fact that they were members of the homeless community. A jury convicted the defendant of assault and battery with a dangerous weapon on May 23.

“Vince and Kacie are examples of everything we ask of Suffolk prosecutors,” Conley said. “They’re compassionate. They’re conscientious. They give a voice to victims and they protect the rights of the accused. They’re among the best in this business and I’m very proud of the work they do every day.”

 

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All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.


Suffolk Gang Prosecutor Wins Prestigious Award

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BOSTON, June 15, 2017— A Suffolk County prosecutor assigned to District Attorney Dan Conley’s Gang Unit was honored yesterday for his work in the courtroom and his positive presence in the communities he serves.

The 14th Annual Suffolk Awards were presented yesterday evening at Suffolk University Law School, honoring prosecutors, advocates, civilian investigators, and support staff for their dedicated efforts on behalf of the communities of Boston, Chelsea, Revere, and Winthrop. 

Assistant District Attorney Adrian Bispham of Conley’s Gang Unit was recognized during the ceremony with the Brian J. Honan Award for Excellence in the Courtroom and Commitment to the Communities We Serve.  The award, named in honor of the late teacher, prosecutor, and Boston city councilor, is given each year a prosecutor who embodies the values of courtroom excellence and community engagement. 

“My brother Brian believed that personal connections were a part of public service,” said Representative Kevin G. Honan, who attended the event.   “This year’s Honan Award winner is constantly in court or at the grand jury, most recently on an extremely complex six-defendant, seven-event series of break-ins and armed robberies.  But he’s never too busy to meet Suffolk County residents where they live, work, and go to school.  Whether it’s at a courthouse, a classroom, a conference table, or a community center, Assistant District Attorney Adrian Bispham gives 100 percent of himself 100 percent of the time,” Honan said.

“Adrian is tireless in his efforts to improve the lives of Suffolk County residents,” Conley said.  “From his duties as a gang prosecutor to the time he spends visiting schoolkids, he’s dedicated himself to the communities we serve.  He represents the highest ideals of this office – integrity, fairness, and service.”

In recent months, Bispham has judged a moot court program at Boston Preparatory Charter Public School, taken part in the DA’s weekly Reading Day program at Joseph Lee Elementary School, and discussed the role of prosecutors with students at the Boston Renaissance Charter School. He has also mentored the Suffolk County Advanced Trial Training team, served as captain of the DA’s Lawyers Have Heart 5k race team, raising funds for the American Heart Association, and joined in a community breakfast to support the Blue Hill Boys & Girls Club.

“And that’s just since April,” Honan exclaimed.

Also honored last night were Assistant District Attorneys Philip Cheng, Vincent DeMore, Michele Granda, Donna Jalbert Patalano, Kacie Sherman, and Jack Zanini; Victim-Witness Advocates Edith Ayusa and Catherine McGuane; Civilian Investigators Nelson Alvarez and Bill Durette; and Administrative Assistant Ramon Pascual.
 

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Co-Chair of DA’s Conviction Integrity Program Honored as “Unsung Hero”

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BOSTON, June 15, 2017— A former defense attorney who now serves as Suffolk County District Attorney Daniel F. Conley’s  Chief of Professional Integrity and Ethics was honored last night for directing the DA’s legal training and conviction integrity programs, District Attorney Daniel F. Conley said.

Assistant District Attorney Donna Jalbert Patalano was honored with the Unsung Hero Award at the 14th Annual Suffolk Awards, an event recognizing prosecutors, victim advocates, civilian investigators, and support staff for their outstanding work on behalf of the communities of Boston, Chelsea, Revere, and Winthrop.

Patalano was nominated for the award by her colleagues, who recognized her work overseeing Conley’s ambitious prosecutor training program, which exceeds all requirements for Massachusetts prosecutors; her implementation of the DA’s Conviction Integrity Program, which was the first in the state; and her eagerness to share wisdom and guidance with fellow prosecutors.

“Donna’s commitment to the interests of justice has helped us set a national standard with policies replicated by prosecutors across the country,” Conley said.  “With Donna at its helm, our Conviction Integrity Program has reviewed dozens of decades-old cases with the benefit of new technology and fresh eyes, and we’ve created a groundbreaking continuing education program that weaves ethics and integrity into every training.”

The award was presented by Assistant District Attorney Jack Zanini, chief of the DA’s Appellate Unit and this year’s recipient of the Suffolk Award for Outstanding Appellate Prosecutor.

“Her vision aligns with the District Attorney’s and all of ours – not just that we can be the best at what we do – but more than that.  That we can fulfill our oath to do justice for the defendant and society, that we can speak for the victim and the voiceless, and that we can do so ethically, fairly, and justly,” Zanini said.  “She is truly wise beyond her years, and a force to be reckoned with – a force for ethics, integrity, and justice.”

Conley implemented the Conviction Integrity Program in 2012 as a standing panel to replace the ad hoc DNA Committee that had previously met as needed to review individual claims of actual innocence. The CIP’s mission is not just to identify and correct past wrongful convictions but to consider and recommend policies that would prevent them in the future. 

Although Massachusetts has no continuing legal education requirement for attorneys once they pass the bar exam, the training program Patalano leads mandates that all Suffolk prosecutors continue their professional development by earning at least 12 CLE credits per year, regardless of their position within the office. Some training opportunities are mandatory, such as those addressing cooperation agreements and Conley’s policy of presumptive disclosure of Brady material; others allow prosecutors to hone their skills in particular fields of prosecution, such as child abuse and domestic violence.

Also honored with awards last night were Assistant District Attorneys Adrian Bispham, Philip Cheng, Vincent DeMore, Michele Granda, and Kacie Sherman; Victim-Witness Advocates Edith Ayusa and Catherine McGuane; Civilian Investigators Nelson Alvarez and Bill Durette; and Administrative Assistant Ramon Pascual.
 

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Juries Convict Two in Unrelated Crimes against Children

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BOSTON, June 19, 2017— Two Dorchester men face sentencing next week after separate juries convicted each of sexual offenses against children, Suffolk County District Attorney Daniel F. Conley said.

A Suffolk Superior Court jury convicted UMAR MUHAMMED a.k.a. PHILLIP DURANT (D.O.B. 11/20/52) of two counts each of statutory rape of a child and dissemination of matter harmful to minors and single counts of indecent assault and battery on a child under 14 and open and gross lewdness for offenses committed against two children who were known to him.  After the guilty verdicts were read on June 9, Judge Edward Leibensperger ordered Muhammed taken into custody to await sentencing next week.

Also convicted in Suffolk Superior Court was JORGE PENA (D.O.B. 10/8/74), whom a separate jury on Friday found guilty of two counts each of aggravated statutory rape of a child and indecent assault and battery on a child under 14.  At his sentencing next week, he faces at least 10 years in prison – the mandatory minimum term on the offense of aggravated rape of a child.

During the course of Muhammed’s weeklong trial earlier this month, Assistant District Attorney Laura Montgomery of Conley’s Child Protection Unit presented evidence and testimony proving that Muhammed met the victim and her family shortly after they immigrated to the United States.  While acting as the victim’s babysitter and tutor, the evidence showed, Muhammed sexually assaulted the victim and showed her pornographic movies repeatedly between 2006 and 2010, when the victim was between the ages of five and nine years old.

The victim disclosed the abuse to a family friend sometime in 2006. That friend later disclosed that she had previously been a victim of Muhammed.  Muhammed had befriended this second victim and her family in 2005, shortly after they, too, immigrated to the United States. The second victim reported Muhammed on one occasion turned on pornography while the victim was alone with him inside his apartment, and on a separate occasion exposed himself to her.  The victim fled Muhammed’s apartment during both encounters.  The incidents occurred between 2005 and 2006, when the victim was 14 years old.

Police were notified in January 2012 after the first victim disclosed the chronic abuse to her mother who then went to police.

Muhammed is also charged with a single count of indecent assault and battery of a child under 14 in a separate case involving a third victim.  That case remains pending in Suffolk Superior Court.

Jurors convicted Pena on Friday after deliberating approximately one day following a four-day trial, during which Assistant District Attorney Sarah McEvoy proved that Pena was known to the victim as a friend of her family and assaulted on her various occasions during 2013 and 2014.  The victim was 11 years old when the abuse began.

“These men used their positions of trust to take advantage of children whose wellbeing they had been entrusted to protect,” Conley said.  “Each of these young victims was incredibly brave to come forward, and we could not have achieved such an outcome on these cases without them.”

Montgomery was assisted in the prosecution of Muhammed by Victim-Witness Advocate Tina Nguyen.  Muhammed is represented by Earl Howard.  He faces sentencing June 27.

McEvoy was assisted in the case against Pena by Victim-Witness Advocate Sarah McIsaac.  Pena is represented by Kelly Cusack.  He faces sentencing June 26. 

 

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All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

 

Two from DA’s Special Prosecutions Unit Honored with Awards

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BOSTON, June 19, 2017—District Attorney Daniel F. Conley’s top white collar crime prosecutor and civilian investigator were honored last week for their work investigating and prosecuting financial crimes in Suffolk County.

Assistant District Attorney Michele Granda, Chief of Conley’s Special Prosecutions Unit, was honored last week at the 14th Annual Suffolk Awards with the Ralph C. Martin II Award to Outstanding Superior Court Prosecutor, while Civilian Investigator Bill Durette, also assigned to the Special Prosecutions Unit, was honored as this year’s Outstanding Superior Court Investigator.  The awards were among several presented during a ceremony at Suffolk University Law School on Wednesday evening honoring prosecutors, advocates, civilian investigators, and support staff for their dedicated efforts on behalf of the communities of Boston, Chelsea, Revere, and Winthrop. 

Granda and Durette were both honored for their efforts combatting financial and white collar crime across Suffolk County. 

As SPU chief, Granda investigates and prosecutes public corruption, financial fraud, and other complex offenses.  The case she built against a former police officer who in 2014 beat a handcuffed suspect and lied about it in his report was so strong that he ultimately pleaded guilty to all charges, including a civil rights violation that a Suffolk Superior Court judge continued without a finding over prosecutors’ objections. Granda also successfully prosecuted two women on 82 indictments for wide-ranging schemes by which they defrauded doctors, state agencies, courts, and a 75-year-old neighbor suffering from dementia.

Durette, a longtime civilian investigator, has been instrumental in countless financial fraud and embezzlement cases, performing forensic accounting and other roles in cases such as the successful prosecution of a former attorney who embezzled hundreds of thousands of dollars in client funds from his firm and a bookkeeper who admitted to stealing more than $150,000 from her employer.

“Michele and Bill handle cases of extraordinary complexity and sensitivity.  We’re extremely fortunate to have such skilled and dedicated professionals working in public service, and we’re grateful for their tireless efforts to gather every fact and understand every circumstance in crimes of almost every sort,” Conley said.

Also honored at last week’s ceremony were Assistant District Attorneys Adrian Bispham, Philip Cheng, Vincent DeMore, Donna Jalbert Patalano, Kacie Sherman, and Jack Zanini; Victim-Witness Advocates Edith Ayusa and Catherine McGuane; Civilian Investigator Nelson Alvarez; and Administrative Assistant Ramon Pascual.

 

 

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New Hampshire Juveniles Charged in Assault on Street Performer

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BOSTON, June 19, 2017—Three New Hampshire teens were arraigned today in the Suffolk County Juvenile Court on charges that they beat a street performer during an assault that’s also being reviewed for potential hate crimes charges, Suffolk County District Attorney Daniel F. Conley said.

A 15-YEAR-OLD MALE from Londonderry, a 16-YEAR-OLD MALE from Salem, and a 17-YEAR-OLD MALE from Manchester were arraigned on charges of delinquency, to wit: assault and battery and disorderly conduct. The 16-year-old was also charged with possession of alcohol by a minor. The Saturday afternoon incident is also being investigated by the Boston Police Civil Rights Unit and Conley’s hate crimes point prosecutor for potential civil rights violations.

All three teens were bailed for arraignment tomorrow but appeared in court today. Assistant District Attorney Michael V. Glennon, deputy chief of the DA’s Juvenile Unit, recommended $1500 cash bail for each, and Judge Michaela Stewart released them to the custody of their parents with orders to stay away from the victim, witnesses, and Faneuil Hall.

According to witness statements, a group of about five young men surrounded the performer, who was wearing his bear costume while playing music near the intersection of Congress and State streets at about 4:20 on Saturday afternoon. The assailants removed his mask and struck him in the face and body while using a racial slur. The victim sustained a facial laceration and swelling to the right eye; he was treated at the scene by Boston EMS but declined transport to a hospital.

Multiple witnesses called 911 for assistance. Two witnesses at the scene reported that the juveniles used racial slurs against them, as well. Some followed the assailants as they fled, and others informed responding Boston Police officers on their path of flight.

“That witness assistance had a direct effect on the officers’ ability to locate, identify, and apprehend the suspects,” Conley said.

Boston Police officers observed the three charged juveniles climbing scaffolding on Devonshire Street in an attempt to elude them. Officers ordered them down, at which point one allegedly said, “I am a juvenile, we did nothing wrong.”

The juveniles are represented by attorneys Peter Hahn, Migdalia Nalls, and Brian Wiseman. They will return to court on July 12.

 

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All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

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