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Serial Rapist Sentenced in Esplanade, South Boston Attacks

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BOSTON, July 18, 2018—The serial rapist who attacked at least three women along the Esplanade and in South Boston between 2006 and 2010 was sentenced to prison today after two of his victims told a judge that the assaults still disrupt and affect their daily lives, Suffolk County District Attorney Daniel F. Conley said.

ALEJANDRO DONE, 49, pleaded guilty on June 7 to indictments charging two counts of aggravated rape, one count of rape, one count of assault with intent to rape, two counts of kidnapping, and one count of armed robbery, reflecting attacks on three women in 2006, 2007, and 2010. Done changed his plea at what had been scheduled for a status hearing in advance of his trial.

At a sentencing hearing in Suffolk Superior Court today, Assistant District Attorney Amy Martin of Conley’s Domestic Violence & Sexual Assault Unit recommended a term of 25 to 30 years in state prison followed by 10 years of probation, with that term to begin only after his release from the 10- to 12-year prison term he is currently serving on a 2015 Middlesex County rape conviction.

After hearing from two survivors of Done’s assaults, Judge Janet sanders imposed a sentence of 18 to 22 years in prison followed by five years of probation, to run concurrent with the Middlesex sentence.

“The victims in this case said something we hear all too often in sexual assault cases,” Conley said. “They blamed themselves, or believed others would blame them, for the assailant’s conduct. We as a society have to challenge the outdated misconception that any victim is asking for trouble and place the blame where it belongs – on the perpetrator alone. And men in particular have to stand up to condemn sexual assault and make no excuses for violence against women.”

Had the case proceeded to trial, Suffolk prosecutors would have introduced evidence and testimony proving that Done was the unknown assailant who attacked women in Boston during late-night sexual assaults during the summer months between 2006 and 2010.

Specifically, they would have sought to prove that Done attacked a 30-year-old woman who was walking in the area of Morrissey Boulevard near the JFK/UMass MBTA station in the early morning hours of July 29, 2006; a 20-year-old woman walking near the Esplanade exactly one year later in the early morning hours of July 29, 2007; and a 23-year-old woman walking in the area of Preble Circle in South Boston in the early morning hours of June 13, 2010. Done was additionally indicted for attacking a 20-year-old woman jogging along the Esplanade on the night of June 16, 2007; the victim in that case returned to her native country shortly after the assault was not expected to be available for trial.

The assaults were investigated by the Suffolk County State Police Detective Unit, Boston Police Sexual Assault Unit, and the chief of the DA’s Family Protection and Sexual Assault Bureau. Despite their repeated efforts to identify the assailant through police sketches, computer-assisted composite images, appeals for witnesses, and plainclothes surveillance, Done remained unknown and at large until 2015. That year, a DNA profile from one of the assaults matched Done’s DNA profile, which had been uploaded to the FBI’s Combined DNA Index System, or CODIS, in the course of a Middlesex County investigation.

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 through Jane Doe Inc. at www.janedoe.org/find_help/search. Jane Doe Inc. is a coalition of 60 local member programs working together to find lasting solutions that promote the safety, liberty, and dignity for victims and survivors of sexual and domestic violence.

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 was the DA’s assigned victim-witness advocate. Done was represented by attorney Timothy Bradl.

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


Alleged Driver Charged in Crash that Killed Motorcyclist

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BOSTON, July 19, 2018— A Billerica man was arraigned yesterday in the hit-and-run collision that claimed the life of 41-year-old Guy Beaubrun in Dorchester earlier this month, Suffolk County District Attorney Daniel F. Conley said.

MARK LUNDY, 24, was arraigned yesterday in Dorchester Municipal Court on charges of motor vehicle homicide by reckless operation, leaving the scene of a crash causing personal injury or death, operating with a suspended license, and a marked lanes violation. Assistant District Attorney Hadler Charles requested that bail be set at $75,000 and that Lundy be ordered to remain in Massachusetts and submit to GPS monitoring in the event he is to be released on bail. Judge Serge Georges set bail in the amount of $25,000 and imposed the requested conditions of release.

Boston Police responded to the area of 141 Bowdoin Street shortly before 1:30 a.m. on July 8, where Beaubrun, who was operating a 2012 Honda motorcycle, had been struck by a vehicle that did not stop and instead fled the area. Beaubrun was transported to Boston Medical Center, where he died of his injuries.

Private and publicly-owned security cameras in the area captured the suspect vehicle’s movements before and after the collision. The footage captured the vehicle cross the double yellow line while passing a turning vehicle immediately before the crash, and then continue traveling on Bowdoin Street as other vehicles stop and witnesses run toward the roadway. Boston Police released still images from this and other footage in an effort to locate the vehicle and identify its driver, leading to multiple tips from members of the public.

Charles told the court that these witness statements, along with footage from multiple cameras and Registry of Motor Vehicle records, were used to identify the vehicle involved in the crash and obtain an arrest warrant charging Lundy – whose driver’s license is currently suspended – as the person operating it at the time. MBTA Transit Police officers stopped the vehicle early yesterday morning and placed him under arrest.

Lundy was represented by Jessica Tripp. He returns to court Aug. 22.

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

Suffolk DA’s Appellate Chief Wins Prestigious Award

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BOSTON, July 19, 2018—Suffolk County District Attorney Daniel F. Conley’s top appellate lawyer received his office’s highest honor last month, recognizing his courage and determination in seeing justice done during 25 years as a prosecutor.

Assistant District Attorney Jack Zanini, legal counsel and chief of the Appeals Division, received the Paul M. McLaughlin Award for a Career Marked by Courage in the Pursuit of Justice at the 15th annual Suffolk Awards ceremony, held June 13 at Suffolk University Law School. Zanini is a graduate of the University of Dallas and the University of Connecticut Law School.

Assistant District Attorney Jack Zanini received the Paul R. McLaughlin Award for A Career Marked by Courage in the Pursuit of Justice at a June 13 ceremony at Suffolk Law School.

“Jack’s fingerprints are visible on just about every major appellate decision in the office for the past 15 years, shaping and improving the landscape of Massachusetts case law,” Conley said during his introduction. “He helped advance the successful practice of teaming appellate attorneys with trial prosecutors on cases with complex legal issues. And he’s been a vocal supporter for funding to attract and retain the best and brightest attorneys as prosecutors in a city that deserves them. His accomplishments, advocacy, and passion are truly remarkable.”

When Conley first took office, he said, the role of appellate prosecutors was simply to defend convictions.

“Early in my first term, I knew that dogmatic approach had to go and I appointed Jack to lead the unit,” he said. “And after reviewing the wrongful convictions of several men who were either factually innocent or tried unfairly, I named Jack to the DNA Committee that later became our Conviction Integrity Program – the first formal program in Massachusetts law enforcement dedicated to identifying, correcting, and preventing wrongful convictions.”

With input from Zanini and other senior members of the office, Conley has filed or assented to nearly a dozen motions vacating past convictions for homicide, sexual assault, and other violent crimes after finding that the defendants were either factually innocent or had not received fair trials.

“Many of those decisions were tough to make,” Conley said. “We work in a system that tries very hard to get it right the first time, and each of these cases was an admission that the system we trust and abide in simply had not worked. But these were the right decisions to make and I credit Jack for the integral part he played in all of them. Because if you’ve ever sat in a conference room with him, you’ll know that he’s never afraid to argue a minority opinion, challenge the status quo, or stand up to powerful interests. He’s absolutely fearless in fighting to correct an injustice, regardless of the consequences.”

Under Zanini’s supervision, Conley said, the Appeals Division supports prosecutors at every level of the office on a daily basis. Appellate prosecutors now work closely with trial prosecutors at almost every procedural stage, from arraignment to post-conviction hearings – including one in which the chief justice of the Supreme Judicial Court commended a member of the unit for acting “in the highest tradition of the prosecutive trade.”

“Our foremost duty as prosecutors isn’t to winning or preserving convictions,” Conley said. “It’s to the interests of justice. I’m deeply grateful to Jack for all the work he’s done to carry out that duty.”

Other members of the DA’s staff recognized during the 2018 Suffolk Awards were Assistant District Attorney Kyle Siconolfi and Administrative Assistant Paula Ptas of West Roxbury Municipal Court; Victim-Witness Advocate Vanessa Vicente and Investigator Kate Leary of the Child Protection Unit; Victim-Witness Advocate Sasha Brown of the Elders and Persons with Disabilities Unit; Administrative Assistant Thomas Moakley of the Major Felony Bureau; Investigator John Westcott of Dorchester Municipal Court; and Assistant District Attorney David Deakin of the Family Protection and Sexual Assault Bureau.

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

Alleged Gunman Held in Fatal Homestead Street Shooting

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BOSTON, July 19, 2018—A Roxbury man was ordered held without bail today at his arraignment on a murder charge stemming from the shooting death of 29-year-old Christian Rivera earlier this month, Suffolk County District Attorney Daniel F. Conley said.
IRA HARRISON, 26, was charged in Roxbury Municipal Court with the July 7 shooting on Homestead Street that claimed Rivera’s life. Boston Police arrested Harrison yesterday amid the ongoing investigation into Rivera’s homicide.
Assistant District Attorney David Bradley of the DA’s Homicide Unit told the court that Rivera was standing outside 76 Homestead St. with several other people when Harrison approached and opened fire on the group. Rivera was struck, suffering life-threatening injuries. He was transported to Boston Medical Center, where he was pronounced deceased.
Bradley said Harrison was identified in part through the use of video footage from cameras in the areas of Homestead and Harold streets, the observations of Boston Police officers who were familiar with him, and social media posts in which Harrison can be seen wearing clothing identical to that worn by the gunman.
Jennifer Sears is the DA’s assigned victim witness advocate. Harrison was represented by attorney David Apfel. He returns to court on Aug. 16.

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

Statement of DA Dan Conley on Retirement of Boston Police Commissioner William Evans and Appointment of Superintendent William Gross to Succeed Him

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BOSTON, July 23, 2018—Suffolk County District Attorney Daniel F. Conley today delivered the following statement on the retirement of Boston Police Commissioner William B. Evans and the selection of Superintendent-in-Chief William Gross to succeed him:

“The Boston Police Commissioner’s job is a massive and multi-faceted management responsibility, but Bill Evans approached it with a deeply personal touch. His love for the city and its residents is matched only by his pride in the department he’s served for almost 40 years. As Superintendent-in-Chief, Willie Gross has shown that very same commitment to serving the city’s residents with the finest police force in the country. I have every confidence in his leadership and I commend Mayor Walsh for this decision.

“We’ve all seen Commissioner Evans on television or at a crime scene after something terrible happens. But we’ve also seen him in every neighborhood of the city for park openings, church services, and flashlight walks, night and day, when there wasn’t a camera in sight. He’s deeply connected with the schools, churches, businesses, and people who make Boston what it is. Those connections have strengthened the relationship between residents and law enforcement and he should take great pride in that accomplishment.

“Superintendent Gross has shown that very same devotion to the city’s residents and has decades of his own experience to guide him. Having worked with Willie for many years, I know he brings the highest traditions of law enforcement to the job along with a modern view of policing and community engagement. He will be an outstanding leader in his own right and has my full support moving forward.

“Commissioner Evans wanted the very best for people of Boston, and he gave them a police force that really leads the nation at a critical time in our city’s history. His unassuming demeanor masks a leader who was fiercely committed to leading a department that would embody the highest standards of professionalism, integrity and innovation and it made him one of the very best partners we as prosecutors could ask for. It has been my privilege and blessing to work with Bill Evans. I’m sorry to see him go, but he leaves the Boston Police Department in very good hands with Commissioner Gross. Both men have my best and warmest wishes as they take on their new responsibilities.”

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Suffolk County Victim Advocate Honored for Service to Elders

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BOSTON, July 23, 2018—A victim-witness advocate in District Attorney Dan Conley’s office who concentrates on older adults and people with disabilities was honored with an award recently for her outstanding service.

Sasha Brown received the Suffolk Award for Outstanding Superior Court Victim-Witness Advocate during a ceremony held at Suffolk University Law School last month. Brown is assigned to the DA’s Elders and Persons with Disabilities Unit, the branch of the office that focuses on financial exploitation, physical abuse, and neglect of victims who are older adults or living with a physical or developmental disability.

Sasha Brown (center) received the Suffolk Award for Outstanding Superior Court Victim-Witness Advocate at a ceremony held last month at Suffolk University Law School.

“Because the victims in these cases are particularly vulnerable, they require someone with the skills and compassion to put them at ease and assure them that they’ll be treated with dignity and respect,” Conley said. “Sasha does just that, day in and day out, and I’m truly grateful to have her on our team.”

Brown was nominated for the award by her peers, who lauded her dedication to the men and women she serves.

“Whether it’s helping prepare a victim for trial, standing with someone during an impact statement, or consoling a victim and their family following a verdict, Sasha is always unwavering in her support for every victim she supports,” one prosecutor said. “If a victim needs to speak early in the morning, is only available to meet after work in the evening, or reschedules a meeting three times in one week, Sasha is always there to make sure their needs are met. On more than one occasion I have had victims tell me, ‘I’ll be okay on the trial day because Sasha is going to be there,’ and that’s how I feel as well.”

Brown was hired at the DA’s office as an administrative assistant assigned to the Child Protection Unit. She took on a new role as a victim-witness advocate in Brighton Municipal Court in 2016, and later moved on to the busier Boston Municipal Court downtown. She was promoted to the EPDU last year – but insisted on keeping the toughest of her municipal court cases to give the victims a sense of continuity as they proceeded to trial.

“Sasha Brown is truly an outstanding advocate,” said Katherine Moran, director of the DA’s Victim-Witness Assistant Program. “She is a powerful spokesperson for survivors. Her detailed planning, her perseverance and her kindness have given confidence to countless victims and witnesses. She helps them find their courage, no matter their ability, and she represents the very best of victim services.”

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

Investigator Honored for Work in DA’s Child Protection Unit

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BOSTON, July 23, 2018—An investigator in Suffolk County District Attorney Dan Conley’s office was honored last month for her dedicated work on behalf of child abuse victims.

Kate Leary, a civilian investigator in Conley’s Child Protection Unit, received the Suffolk Award for Outstanding Superior Court Investigator at a ceremony held June 13 at Suffolk University Law School.

Civilian investigator Kate Leary (center) received the Suffolk Award for Outstanding Superior Court Investigator

“Kate can find the unfindable witness,” said Leary’s supervisor, Assistant District Attorney Audrey Mark, who introduced her. “Whether it’s hand-serving a grand jury subpoena or obtaining long-overdue medical records, she will always go the extra mile to get the job done. She is unflappable, tenacious, and passionate about the cause of fighting child abuse.”

Leary began her career with the Conley’s office as an administrative assistant with the Child Protection Unit in 2015 and was soon promoted to the role of civilian investigator, working with prosecutors in the Boston Municipal Court and Juvenile Unit before taking on the position of Child Protection Unit investigator. In this role, Leary works directly with prosecutors, witnesses, victims and families, as well as a wide array of agencies that serve children who have been physically and sexually abused.

“Successful prosecutions rely on strong investigative work, and through her work ethic and tenacity, Kate has helped prosecutors not only hold abusers accountable, but ensure that the child abuse survivors we serve know that they have been heard,” Conley said.

In addition to her duties as an investigator, Leary is a member of the Boston Blades women’s hockey team, and even arranged for a child abuse survivor served by Conley’s office to drop the puck at one of the team’s games.

“Whether it’s in the office or on the ice, Kate’s dedication and outstanding skills are clear to see. We’re grateful to have her working on behalf of the children we serve.”

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

No Bail in Fatal Stabbing

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BOSTON, July 20, 2018— A Hyde Park man has been ordered held without bail in the June stabbing death of 58-year-old Jocelin Nordeus, Suffolk County District Attorney Daniel F. Conley said today.
KENTON THOMAS, 32, was arraigned today in Dorchester Municipal Court on a charge of murder. At the request of Assistant District Attorney David Bradley of Conley’s Homicide Unit, Judge Jonathan Tynes ordered Thomas held without bail.
Boston Police responded to a call for a person stabbed in the area of 535 River St. at approximately 2:50 a.m. on June 1 to find Nordeus suffering from stab wounds. He died of his injuries at Boston Medical Center.
Boston Police homicide detectives obtained security camera footage, phone records, and witness statements that were used to identify Thomas as the assailant, Bradley said.
Jennifer Sears is the assigned victim witness advocate. Thomas was represented by Kelli Porges. He returns to court Aug. 16.

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


Appeals Court Ruling Okays Emergency Use of Cell Tower Data

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BOSTON, July 27, 2018—The Massachusetts Appeals Court today found that Boston Police were justified in using real-time cell site location information to interrupt a woman’s specific threats to shoot an intimate partner, setting the stage for her trial on firearms charges, Suffolk County District Attorney Daniel F. Conley said.

The appeal by TAKII RASPBERRY, 39, challenged a judge’s earlier decision denying her motion to suppress a loaded handgun and other evidence from a case pending in Roxbury Municipal Court. In a 19-page decision, the Appeals Court rejected that appeal, finding that the use of her cell tower records to locate her was justified under the emergency circumstances and that the subsequent search of her vehicle was reasonable.

“If investigators hadn’t acted rapidly to locate the defendant, she could very well be facing a murder charge instead of a gun charge,” Conley said. “The officers’ steps were eminently reasonable, the motion judge’s decision was appropriate, and the Appeals Court clearly reached the right conclusion in affirming it.

Raspberry is charged in Roxbury Municipal Court with carrying a dangerous weapon, unlawful possession of a firearm, unlawful possession of ammunition, carrying a loaded firearm, and unlicensed operation of a motor vehicle for the April 14, 2015, incident. Prosecutors said she was found in possession of a Taurus PT145 Millenium Pro handgun, 10 rounds of .45 caliber ammunition, and a stun gun after she allegedly made statements that she intended to shoot another individual during a phone call with a person who was the target of a federal wiretap.

A judge in the Suffolk County Gun Court denied Raspberry’s motion to suppress the weapons as the fruit of an unconstitutional search. In her appeal of that decision, Raspberry argued that police did not meet the standard necessary to obtain cell site location information from her phone carrier without a search warrant. An Appeals Court panel, however, sided with prosecutors and found that the emergency aid exception to the warrant requirement had been met.

“We have no difficulty concluding that these standards were met here,” Justice Peter Sacks wrote in the decision. “The police overheard a phone call in which an angry, upset individual said she was ‘going to get the . . . gun’ and was ‘about to go shoot up [someone] right now . . . . I’m going to his, I’m going right there, right now.’ The police identified the person making the threat as the defendant and thus inferred that she was likely talking about shooting [the intended target]. The judge, after listening to a recording of the call, found that ‘the police were reasonable in having grave concerns about the defendant imminently causing serious bodily harm,’ and we see no basis for rejecting that finding.”

In April 2015, Raspberry allegedly made statements during a phone call that she intended to shoot another individual, who was later determined to be a former romantic partner. The person on the other end of the phone call was the target of a federal court warrant authorizing a wiretap, and the call was monitored and recorded by Boston Police. Upon hearing the threats, Boston Police made an emergency request to obtain cell site location information from Raspberry’s phone service provider. They received location information that showed Raspberry traveling from her home in Braintree to the immediate area of a Roxbury address where the intended target was believed to be.

Once there, Raspberry called the target of the wiretap and allegedly made additional incriminating statements. Boston Police stopped her vehicle, seized the weapons inside, and placed her under arrest.

Assistant District Attorney Cailin Campbell of the DA’s Appellate Unit argued the motion on appeal. Assistant District Attorney AlexaRae Wright of the DA’s Gang Unit is the assigned trial prosecutor. Raspberry was represented by Timothy St. Lawrence. She will return to Roxbury Municipal Court at a later date.

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

Two Juveniles Charged in July Beating That Left Third Teen Grievously Injured

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BOSTON, August 2, 2018— A Hyde Park juvenile was arraigned yesterday in connection with a July assault, the second youth to be charged with a beating that left the victim with life-altering injuries, Suffolk County District Attorney Daniel F. Conley said.

The 17-year-old male was arraigned yesterday in the juvenile session of Dorchester Municipal Court on a charge of assault and battery causing serious bodily injury after surrendering to Boston Police for a July 14 assault on Milton Avenue. At the request of Assistant District Attorney Michael V. Glennon, deputy chief of the DA’s Juvenile Unit, Judge Thomasina Johnson ordered the youth held on $25,000.

The juvenile is the second person to be arraigned in connection with the assault. A 13-year-old female from Mattapan was arraigned July 16 on a charge of assault and battery with a dangerous weapon. Bail was initially set in the amount of $5,000 but reduced to $1,000 during a subsequent court appearance on Monday.

According to prosecutors, the 18-year-old male victim was among a group of teens who had gathered in the area of Milton Avenue after a party ended at approximately 11:00 p.m. on July 14. The 17-year-old defendant, with whom the victim had no prior contact that night, confronted the victim and allegedly pushed him repeatedly. The victim made statements that he did not wish to fight the defendant, but prosecutors say the incident nonetheless escalated into a physical altercation.

The victim was struck repeatedly by the 17-year-old. After the victim lost consciousness and fell to the ground, he was kicked and stomped on multiple times, prosecutors said. The 13-year-old allegedly kicked him during this time.

Boston Police arrived at the location to find the critically injured victim lying unconscious on the sidewalk. He was transported to Boston Medical Center, where he remained unconscious for three days. He is currently unable to speak or walk, and the long-term impact of his injuries remains unclear.

During the course of their investigation, Boston Police recovered multiple cell phone videos of the assault, and the defendants were positively identified as the perpetrators, prosecutors said. Detectives obtained warrants for both, and the 13-year-old female was arrested within days of the assault. The 17-year-old male surrendered himself to police yesterday.

Molly McCourt is the DA’s assigned victim witness advocate. The defendants are represented by attorneys Brian Wiseman and Ziad Hopkins.

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

Victim Advocate Receives Award for Service in East Boston, Winthrop

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BOSTON, Aug. 2, 2018—A victim-witness advocate assigned to Suffolk County District Attorney Daniel F. Conley’s Family Protection and Sexual Assault Bureau was honored recently for service above and beyond the call of duty to the people of East Boston and Winthrop.

Vanessa Vicente received the Suffolk Award for Outstanding District Court Victim Witness Advocate at a June 13 ceremony held at Suffolk University Law School. Vicente was nominated for the annual award by her colleagues – including her former supervisor at East Boston Municipal Court, who introduced her.

Vanessa Vicente received the Suffolk Award for Outstanding District Court Victim Witness Advocate at a June 13 ceremony held at Suffolk University Law School. She was nominated for the annual award by her colleagues.

“No matter who the victim or survivor might be, no matter where they might be from, Vanessa made them feel safe, respected, and comfortable at some of the toughest times of their lives,” Assistant District Attorney Caroline Humphrey said. “I’m so proud to see that she’s taken that care and compassion from our neighborhood courthouse to help children and families from across the county.”

“Victim advocacy is the heart and soul of our work,” Conley said. “Vanessa embraced that mission in East Boston court and now uses her skills to serve the most vulnerable victims we see. These cases very often can’t go forward without the victims and loving family members, and Vanessa is absolutely critical to building the relationships that help them feel supported in court.”

Vicente came to the Suffolk DA’s office in 2016, taking a position as a victim advocate in East Boston court, and handling cases that ranged from property crimes to serious assaults in that neighborhood and the nearby town of Winthrop. She was a fixture at community events from the Game Change partnership against domestic violence to the DA’s annual Basketball and Soccer for Peace tournaments to the Casa Myrna Communities of Conscience Breakfast and other gatherings.

In April of this year, she was promoted to the DA’s Family Protection and Sexual Assault Bureau, where she works with the victims of sexual violence, domestic abuse, and child abuse, neglect, and exploitation.

“This is some of the most important work in the criminal justice system,” Conley said. “I’m so grateful that we have Vanessa to help us do it.”

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

Suspect Charged in Norfolk Street Homicide

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BOSTON, Aug. 2, 2018—A Dorchester man was ordered held without bail in connection with the shooting that claimed the life of 27-year-old Jorge Baez Jr. and injured a second man, Suffolk County District Attorney Daniel F. Conley said.

ODELL SANDERS, 21, was arraigned today in Dorchester Municipal Court on charges of murder, being an accessory after the fact to murder, assault with intent to murder, and unlawful possession of a firearm. At the request of Assistant District Attorney Tara Burdman of the DA’s Homicide Unit, Judge Thomas Kaplanes ordered Sanders held without bail.

Shortly before 11:00 p.m. on July 25, Boston Police responded to a ShotSpotter activation indicating 13 shots fired in the area of Norfolk Street, which was followed by a report of a person shot. Upon their arrival, officers located Baez and an 18-year-old man seated inside a black SUV, each suffering from gunshot wounds. Baez died of a gunshot wound to the torso; the second man was severely injured and transported to Boston Medical Center.

Surveillance cameras captured a silver SUV pursuing the victims’ vehicle on Norfolk Street immediately before the shooting. Prosecutors said that shots were fired from the silver vehicle after it pulled up alongside the SUV at a traffic light. It then sped off.

Approximately an hour after the shooting, Boston Police located a silver 2012 Honda CRV in the driveway of Sanders’ Ellington Street residence that matched the suspect vehicle’s description. The Honda, which was registered to a relative of Sanders, had ballistic damage and a shattered window. During the execution of a search warrant, investigators located shell casings inside the vehicle – one of which was a ballistic match to those found at the scene of the fatal shooting, prosecutors said.

Jennifer Sears is the DA’s assigned victim witness advocate. Sanders is represented by Elda James. He returns to court Sept. 14.

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

Car Dealer Guilty in Title Fraud Attempt

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BOSTON, Aug. 3, 2018—A used car dealer who pleaded guilty in connection with a 2009 auto inspection scheme was convicted yesterday of seeking to obtain a fraudulent salvage title by switching vehicle identification numbers, Suffolk County District Attorney Daniel F. Conley said.

Chelsea District Court Judge D. Dunbar Livingston found KENNETH LAFAUCI, a.k.a. KENNETH LEFAUSI, guilty of making false statements in an application for a motor vehicle title and removing or altering a vehicle identification number. Livingston sentenced Lafauci to 18 months in a house of correction with six months to serve and the balance suspended for two years. Lafauci, age 61 of Topsfield, must also pay a $500 fine.

During a two-day, jury-waived trial, Assistant District Attorney Kevin Bergin presented evidence and testimony proving that Lafauci either removed the visible VIN information on a 2013 Cadillac Escalade that was suitable only for spare parts or replaced it with that of a 2011 Escalade that could be rebuilt safely.

Bergin proved that Lafauci brought the vehicle to the State Police Salvage Inspection Unit on Washington Street in Revere last year to be inspected by the State Police Salvage Title Section. Lafauci represented that it was a 2013 Escalade that had sustained front end damage. Troopers reviewed Lafauci’s accompanying paperwork, which indicated that he had used parts from a 2011 Escalade to perform repairs on it.

In the course of their inspection, troopers observed a large gouge and scratches to the steel plate on which the Escalade’s public vehicle identification number was stamped, as if it had been cut in two. They also observed that the Escalade’s doorjamb was missing a “load label” sticker that would have borne the VIN. Another sticker located in the vehicle’s glove box was present – but the VIN stamped on it corresponded to the 2011 Escalade that Lafauci said he had used only for spare parts to rebuild the 2013 vehicle. When troopers used an electronic diagnostic tool that reads, among other things, a modern vehicle’s VIN, it also gave the number corresponding to the 2011 Escalade and not the vehicle Lafauci claimed was a 2013 Escalade.

Troopers confronted Lafauci with this information, asking whether he had perhaps transposed the VINs from the spare parts vehicle and the salvage vehicle on his paperwork. He stated that he had not – and then stated that he had to leave because a family member had gone to the hospital. Lafauci later contacted the Registry of Motor Vehicles and the Salvage Inspection Unit in attempts to retrieve the paperwork he had submitted.

In the days that followed, troopers consulted with the National Insurance Crimes Bureau, Cadillac experts and dealers, the auctioneer who had sold the 2011 and 2013 vehicles, and the RMV. The results of those consultations, Bergin argued at trial, proved that Lafauci had fraudulently submitted the 2011 Escalade to be titled as a 2013 Escalade.

In the course of the proceedings, Bergin admitted Lafauci’s 2011 conviction for bribery, which was incurred during a different scheme. In that case, Lafauci colluded with others, including a former State trooper, to obtain fraudulent inspection forms for uninspected salvage vehicles at Brother’s Auto Body in Revere. Lafauci and the trooper both received suspended sentences, though prosecutors had recommended jail time for the trooper’s actions.

Lafauci was represented in the most recent case by attorney Kevin Calnan.

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

Two from West Roxbury Court Recognized at Award Ceremony

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BOSTON, Aug. 2, 2018—A prosecutor known as a “rising star” in West Roxbury Municipal Court and a long-time member of the Suffolk County District Attorney’s support staff there were honored recently for their outstanding service, DA Dan Conley said.

Assistant District Attorney Kyle Siconolfi and Court Coordinator Paula Ptas were recognized at the 15th annual Suffolk Awards, held recently at Suffolk University Law School. Siconolfi was presented with the Suffolk Award for Outstanding District Court Prosecutor. Ptas received the Suffolk Award for Outstanding District Court Support Staff – her second such honor. Both were nominated by their colleagues.

Court Coordinator Paula Ptas (center) of District Attorney Dan Conley’s staff at West Roxbury court was honored with the Suffolk Award for Outstanding District Court Support Staff recently.

“We do our best work as a team,” Conley said. “Whether it’s as a prosecutor, a victim advocate, or a member of the support staff, each of us contributes to a shared mission of community service. Both Kyle and Paula represent some of the very best of those contributions. The people, families, schools, and businesses served by West Roxbury court all benefit from their efforts and I’m so grateful to both of them.”

Assistant District Attorney Megan O’Rourke, now the chief of the Central Division of the Boston Municipal Court, introduced Siconolfi, who has been a West Roxbury prosecutor since 2015.

“Kyle is a rising star in the West Roxbury courthouse,” she said. “As a lead prosecutor or stepping up to help a colleague, she grasps the facts, the law, and the context that we need as public service lawyers to seek the best and fairest result for the victim and the community.”
Ptas was introduced by Assistant District Attorney Adrian Bispham, the chief prosecutor at West Roxbury court, who noted that she had won the same award ten years previously.

“Paula is the secret of our success,” he said. “The team in West Roxbury moves so smoothly and professionally because she brings 100% of her game 100% of the time. No matter what comes up, she’s calm, cool, and collected with a personal touch that makes everyone feel at home.”

Assistant District Attorney Kyle Siconolfi (center) was honored as the year’s Suffolk Award for Outstanding District Court Prosecutor at a ceremony at Suffolk University Law School

Formally known as the West Roxbury Division of the Boston Municipal Court Department, West Roxbury court serves the neighborhoods of Hyde Park, Jamaica Plain, Roslindale, West Roxbury, parts of Mattapan, and parts of Mission Hill.

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Jury Convicts in High-Capacity Firearm Case

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BOSTON, August 10, 2018— An alleged career criminal was found guilty yesterday of possessing a high capacity firearm that he handed to an associate just minutes before the second man’s arrest, Suffolk County District Attorney Daniel F. Conley said.

A Suffolk Superior Court jury yesterday convicted ALIDIO BARBOSA, 21, of unlawful possession of a firearm, unlawful possession of ammunition, possession of a firearm with a defaced serial number, possession of a large capacity feeding device, and possession with intent to distribute a Class D substance. He faces a second trial later this month on a charge of being a Level I Armed Career Criminal, which could open Barbosa to an enhanced sentence based on two prior convictions for assault with a dangerous weapon.

“Illegal firearms like this one present the greatest public safety threat in Boston and almost every major city,” Conley said. “With our partners at Boston Police, we won’t relent on locating them, taking them off the street, and prosecuting those who carry and use them.”

During the course of Barbosa’s trial this week, Assistant District Attorney Caitlin Fitzgerald of the DA’s Gang Unit presented evidence and testimony to prove that Boston Police officers assigned to the department’s Youth Violence Strike Force observed Barbosa, whom they knew from prior interactions, walking on Dudley Street with two other men on Sept. 11, 2017. The group looked toward the officers and then entered a pizza shop.

Seconds later, one of the men, later identified as JOAO FERNANDES, walked back outside holding his waistband and with his hood pulled up despite a temperature of 79 degrees. After observing officers watching him, Fernandes turned onto West Cottage Street and began to run – never taking his hand from his waistband. He was stopped by officers, and a Glock 27 .40 caliber firearm with a high capacity magazine was found in his waistband.

A magazine that can accept more than 10 rounds of ammunition is high-capacity under Massachusetts law; the firearm recovered from Fernandes was loaded with one round in the chamber and 17 rounds in the magazine, the evidence proved.

Security video from inside the pizza shop showed that Barbosa had handed the gun to Fernandes. That firearm was later ballistically matched to a series of shots fired and non-fatal shootings in and around Upham’s Corner last year. Those incidents remain under investigation.

In May, Fernandes pleaded guilty to firearm charges and received a term of 18 months in the house of correction, followed by a period of probation.

Barbosa was represented by attorney Andrew Stockwell-Alpert. He returns to court Aug. 30 for trial on the Armed Career Criminal indictment before Suffolk Superior Court Judge Beverly Cannone.

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


Guilty Verdict in Murder outside Barbershop

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BOSTON, Aug. 10, 2018—The man who shot 31-year-old Marcus Hall to death, killing him outside the barbershop where his young son was getting a haircut, was convicted of murder today, Suffolk County District Attorney Daniel F. Conley said.

A Suffolk Superior Court jury convicted WILLIAM SHAKESPEARE, 30, of first-degree murder under both theories available to them – deliberate premeditation and extreme atrocity or cruelty. Jurors also convicted Shakespeare of unlawfully carrying the firearm he used to kill Hall outside the Hair It Is barbershop on Blue Hill Avenue on June 14, 2016.

“This was a day long awaited by Mr. Hall’s loved ones,” Conley said. “The grief and trauma to his family and community lingers even now, but I hope they can take some satisfaction knowing that justice was done. The verdict speaks for itself – this was a cold-blooded and vicious shooting in broad daylight, and the jury clearly saw it as such.”

During six days of testimony, Assistant District Attorney Catherine Ham of the DA’s Homicide Unit proved that Shakespeare was inside the barbershop when Hall and his 4-year-old son came in just before 12:20 pm. The two men had a tense verbal exchange followed by an argument in the parking lot. Shakespeare left the scene, the evidence showed, then returned a short time later, using a circuitous route through back yards and wooded areas. In a second confrontation, he shot Hall, causing fatal injuries, and then left Boston for New York, where Boston Police apprehended him early last year.

Katherine Moran was the DA’s assigned victim-witness advocate. Attorney James Greenberg represented the defendant. Judge Christine Roach scheduled a sentencing hearing for Monday at 9:30 am in courtroom 906.

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

At Killer’s Sentencing, Victim’s Family Recalls Their “Shining Star”

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BOSTON, August 13, 2018— Family members recalled 31-year-old Marcus Hall as a “shining star” as the man who murdered him outside a Mattapan barbershop was sentenced to life in prison, Suffolk County District Attorney Daniel F. Conley said.

WILLIAM SHAKESPEARE, 30, of Dedham, faced sentencing this morning after a Suffolk Superior Court jury on Friday found him guilty of first-degree murder and firearm charges. During a sentencing hearing this morning, Judge Christine Roach imposed a term of life in prison without the possibility of parole – the mandatory term for first-degree murder. She additionally sentenced Shakespeare to five years for unlawful possession of a firearm and two years for carrying a loaded firearm, which was ordered served concurrent with his life sentence.

During approximately a week of testimony, Assistant District Attorney Catherine Ham of the DA’s Homicide Unit proved that Shakespeare and Hall became involved in a verbal altercation at a Blue Hill Avenue barbershop on June 14, 2016. Following the argument, Shakespeare left the shop and Hall remained there with his 4-year-old son. Shakespeare, however, soon returned armed with a gun and fatally shot Hall during a second confrontation outside while the child was still in the shop.

“Marcus Hall faced an armed gunman alone rather than put his son in danger by fleeing inside,” Conley said. “His last act on this earth was to protect the child he loved.”

Shakespeare fled to New York, where he was captured by Boston Police last year.

Before sentencing Shakespeare, Roach heard impact statements from Hall’s relatives, who recalled Hall as a doting father who was dedicated to making positive changes in his community.

“Family meant everything to Marcus. He was our shining star,” Hall’s sister told the court. “I would like you to know that the violence in the city that made Marcus want to make a change is the same senseless act that was brought upon him. Marcus could have taught this defendant to be a better dad, husband, friend – only if he would have taken the time to use his mouth instead of a gun.”

“Marcus Hall was such an outstanding human being. He was forever learning, forever teaching, and always striving to inspire,” Hall’s girlfriend said in an impact statement. “He exuded so much positive energy and confidence that couldn’t help but rub off on you. And he made sure to bring out the best in you even if you didn’t know you possessed it.”

Katherine Moran is the DA’s assigned victim witness advocate. Shakespeare was represented by James Greenberg.

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

Police, Prosecutors Seeking Info on Hyde Park Shooting

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BOSTON, Aug. 14, 2018—State Police detectives assigned to Suffolk County District Attorney Daniel F. Conley’s office are asking for the public’s help as they investigate a non-fatal shooting in Hyde Park yesterday evening.

The preliminary investigation by the Suffolk County State Police Detective Unit, with the assistance of specialized State Police units and the Boston Police Department, suggests that the 26-year-old male victim suffered a nonfatal gunshot wound as he drove northeast on Truman Parkway shortly before 6:15 pm. He was transported to Boston Medical Center and is expected to survive.

The investigation further suggests that at least one occupant of another vehicle fired multiple shots at the victim’s car in the area surrounding 738 Truman Parkway, then fled the scene at a high rate of speed. Interviews are ongoing, but troopers hope to speak with anyone who witnessed the incident, its aftermath, or the suspect vehicle as it left the area, or who may have captured any portion of the incident on video.

The Suffolk State Police Detective Unit can be reached at 617-727-8817. Troopers are investigating the incident because it occurred on a State roadway.

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

Man Charged with Murder, Robbery in Claybourne Street Homicide

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BOSTON, August 15, 2018— A man charged in connection with the June shooting death of 25-year-old Abran Castillo was ordered held without bail at his arraignment yesterday, Suffolk County District Attorney Daniel F. Conley said.

FREDERICK REYNOSO, 26, was arraigned yesterday in Dorchester Municipal Court on charges of murder and armed robbery in Castillo’s June 5 homicide. At the request of Assistant District Attorney Mark Lee, Deputy Chief of the DA’s Homicide Unit, Judge James Coffey ordered Reynoso held without bail.

Lee told the court that Reynoso contacted Castillo on or around June 5 to arrange to purchase marijuana. Castillo, of Everett, and an acquaintance traveled by car to Claybourne Street in Dorchester, where Reynoso and a second man entered the vehicle’s back seat. Rather than buy marijuana as arranged, however, the two men allegedly robbed Castillo at gunpoint.

During the encounter, prosecutors say, Reynoso exited the vehicle, walked to where second victim was seated in the driver’s seat, and robbed him of his phone, cash, and keys. Shortly after Reynoso reentered the vehicle’s back seat, Castillo was fatally shot.

During the course of their investigation, Boston Police homicide detectives obtained phone records showing that Reynoso was in communication with Castillo until minutes before the shooting. In addition, a fingerprint found on the rear passenger’s side door of the vehicle was matched to Reynoso and cell site location information placed him in the vicinity of the murder at the time that it occurred, prosecutors said.

Erin O’Connor is the DA’s assigned victim witness advocate. Reynoso is represented by Tom Ford. He returns to court Sept. 18.

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

Montana Prisoner Indicted for Homeless Man’s 2012 Homicide

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BOSTON, Aug. 15, 2018—Six years after Normand Varieur was beaten so badly that he died in a Boston hospital, Suffolk County District Attorney Daniel F. Conley announced the indictment of a Montana man for his murder.

The Suffolk County Grand Jury yesterday returned an indictment charging KEVIN LINO, 31, with first-degree murder for the 2012 assault that caused Varieur’s death at Massachusetts General Hospital.

Lino is currently serving a 40-year prison sentence following his July 22, 2015, conviction for deliberate homicide in Missoula County, Montana. Suffolk prosecutors will seek to extradite him to Massachusetts to face the new charges in Suffolk Superior Court.

“If Mr. Varieur’s killer believed no one would care about a homeless man’s murder, then he was badly mistaken,” Conley said. “Suffolk prosecutors and State Police detectives worked every lead they developed in this case and never gave up on solving it. Some homicides can be solved in days and others may take years, but we never, ever abandon them.”

State troopers found Varieur badly injured and unresponsive near the dock at Paul Revere Park in Charlestown on the afternoon of May 21, 2012. He was transported to MGH with a serious head injury and other trauma and died four days later. The Office of the Chief Medical Examiner later determined the cause of death to be blunt force trauma and the manner to be homicide.

In the weeks, months, and years that followed Varieur’s death, investigators continued to seek information, evidence, and witnesses, whether among the people in the area’s homeless community or those who use it for fishing and dogwalking. Over time, those efforts led to Lino – sometimes known as “Phoenix” – who by 2017 was in prison in Montana for killing a homeless man in that state. Members of the Suffolk County State Police Detective Unit traveled there late last year to interview Lino, at which time he allegedly made admissions regarding Varieur’s homicide corroborated by independent evidence.

Assistant District Attorney Julie Higgins of the DA’s Homicide Unit led the grand jury investigation that resulted in yesterday’s indictment. Lino’s arraignment has not yet been scheduled.

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

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