BOSTON, Aug. 14, 2018—An MS-13 gang member who fled from Boston to New York was convicted today of shooting a rival and a bystander at the Maverick MBTA station two years ago, Suffolk County District Attorney Daniel F. Conley said.

After less than a day of deliberations, a Suffolk Superior Court jury convicted ROGELIO ALVARADO, 23, of two counts of assault and battery by discharging a firearm and single counts of unlawfully possessing a firearm and unlawfully carrying a loaded firearm. Jurors acquitted Alvarado of an additional count of armed assault with intent to murder. He faces sentencing at 11:00 on Aug. 20 in courtroom 815.

“Gun violence is the number one public safety threat facing Boston today,” Conley said. “If you pick up an illegal firearm, if you fire it in a public place, if you hit your target or a bystander or anyone else, we’re going to prosecute you. I want to thank the Boston and Transit police who responded to the scene and investigated the facts, the prosecution team who marshaled the evidence and the law for trial, the witnesses who stepped forward and testified to their observations, and the jurors who returned a fair and just verdict.”

During about three and a half days of trial, Assistant District Attorney Stacey Pichardo of the DA’s Gang Unit introduced evidence and testimony proving that Alvarado, a resident of Huntington, NY, had a gang-related conflict with a 29-year-old fellow passenger while traveling inbound on a Blue Line train on the afternoon of Jan. 19, 2016. The two men got off the train at Maverick Station.

Pichardo proved that Alvarado produced a firearm, sparking a physical altercation during which Alvarado shot the victim twice at close range. A second man, age 42, exiting the train at about the time of the conflict was struck as well, suffering a graze wound to the front of his head. Both men were transported to area hospitals and survived their injuries.

Pichardo introduced additional evidence that Alvarado fled the train station in a taxi and made his way back to New York. He was apprehended by Huntington Police on July 12, 2017, after driving the wrong way down a roadway and forcing other motorists off the road.

Edith Ayuso was the DA’s assigned victim-witness advocate. Pichardo was assisted at trial by Tiffany Albanese, a law student in the DA’s Gang Unit who served as second chair under Supreme Judicial Court Rule 3:03. Alvarado was represented by attorney John Tardif.

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

BOSTON, August 16, 2018— A man was arraigned today on charges he opened fire outside an MBTA, critically injuring a 24-year-old man, Suffolk County District Attorney Daniel F. Conley said.

LUSHAUN GAY, 27, was arraigned today in Roxbury Municipal Court in connection with yesterday’s shooting at Mass Ave station on the MBTA’s Orange Line. Assistant District Attorney Lynn Feigenbaum requested bail of $100,000; Judge Pamela Dashiell set bail in the amount of $75,000.

Feigenbaum told the court that the victim was with several individuals at Mass Ave station at approximately 10:00 p.m. yesterday when a man in a gray hooded sweatshirt, later identified as Gay, approached with a handgun. Gay opened fire, striking the victim multiple times, prosecutors said. He then fled on a bicycle through Southwest Corridor Park.

The victim was transported to Boston Medical Center, where he remains in critical condition.

Shortly after the shooting, a witness who had heard the gunfire reported seeing a man throw a bicycle into a fenced-off alley in the area of Columbus Avenue and then hop over the fence. Boston Police responded to the area and found Gay shirtless in the alley. He allegedly made incriminating statements to officers and indicated that there was a firearm in his backpack, prosecutors said. Officers recovered the gun and a gray sweatshirt.

State Police detectives assigned to Conley’s office responded to the scene and are leading the investigation into the shooting, which occurred on state property. Additional State Police units and Transit Police also responded.

Tina Nguyen is the DA’s assigned victim witness advocate. Gay was represented by Zachary Lown. He returns to court Sept. 19.

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

BOSTON, Aug. 17, 2018—More than two and a half years after 30-year-old Eden Jacquet was shot to death in his Mission Hill home, the man allegedly responsible has been arrested and held without bail, Suffolk County District Attorney Daniel F. Conley said.

KEVIN FERNANDES, 24, was arraigned in West Roxbury Municipal Court today following his arrest by Boston Police yesterday on a warrant charging him with Jacquet’s 2016 murder on Fenwood Road.

Assistant District Attorney David Bradley told the court that Fernandes visited Jacquet on Jan. 13, 2016, but returned at about 6:00 that same evening. People in the area heard a commotion at this time, prosecutors say, and Fernandes shot Jacquet in the chest, killing him.

Text messages that had previously been inaccessible to investigators were recovered from Jacquet’s iPhone earlier this year using new technology pursuant to a Suffolk Superior Court search warrant. Among those messages was one from Fernandes indicating that he had arrived at Jacquet’s apartment – sent moments before the fatal shooting.

A shell casing was recovered from the scene of Eden’s homicide. That casing, prosecutors said, was later ballistically matched to casings recovered about 10 days later from the scene of a call for shots fired at another location, where Fernandes was present; the gun was not recovered.

Fernandes was represented today by attorney Kelli Porges. He will return to court on Sept. 17.

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

BOSTON, August 20, 2018— A Boston man who shot a gang rival and an innocent bystander when he opened fire onboard a train at Maverick MBTA station was sentenced to prison today, Suffolk County District Attorney Daniel F. Conley said.

ROGELIO ALVARADO, 23, faced sentencing today after a Suffolk Superior Court jury last week found him guilty of two counts of assault and battery by discharging a firearm and single counts of unlawfully possessing a firearm and unlawfully carrying a loaded firearm. Assistant District Attorney Stacey Pichardo of the DA’s Gang Unit recommended a term of 8 ½ to 10 ½ years in state prison. Judge Kenneth Salinger sentenced Alvarado to five to six years in state prison.

During the course of three days of testimony, Pichardo proved that on Jan. 19, 2016, Alvarado – an MS-13 gang member living in East Boston at the time – boarded an MBTA Blue Line train at Airport station. Onboard the train, he became involved in a verbal confrontation with a man he believed to be associated with a rival gang. During the altercation, Alvarado pulled out a firearm. The two men struggled for the gun before the victim attempted to flee to the opposite end of the train. Alvarado then fired at least two shots at the victim, striking him in the torso. A second man, who had huddled with other terrified passengers, was grazed by a bullet above the eyebrow.

Shortly after the shooting, the train pulled into Maverick Station, and passengers fled the train. The passenger who was struck collapsed on the platform.

Alvarado and the first victim continued to fight for control of the firearm on the train. Alvarado retained it, made good his escape, and left the area in a taxi. He later fled to Huntington, New York, where he was arrested on July 12, 2017.

Edith Ayuso was the DA’s assigned victim-witness advocate. Pichardo was assisted at trial by Tiffany Albanese, a law student in the DA’s Gang Unit who served as second chair under Supreme Judicial Court Rule 3:03. Alvarado was represented by attorney John Tardif.

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

BOSTON, Aug. 22, 2018—A 33-year-old man who shot another man in the head after an argument pleaded guilty today rather than face a jury, Suffolk County District Attorney Daniel F. Conley said.

DEVIN BOONE of Dorchester pleaded guilty to charges of armed assault with intent to murder, aggravated assault and battery with a dangerous weapon, and unlawful possession of a firearm for the shooting last year that left the victim with a gunshot wound that grazed his head.

“We’re all extremely fortunate the victim wasn’t seriously injured or killed,” Conley said. “He was shot at close range in the head, and his recovery is what matters most to us today.”

Had the case proceeded to trial as scheduled on Aug. 27, Assistant District Attorney David McGowan would have introduced evidence and testimony proving that Boone was among a group hanging out on the front steps of an Evans Street home on the night of May 26, 2017.

The victim, then 40, came upon the group at around 10:00 pm, the evidence would have shown, and became engaged in a verbal altercation with the defendant before walking away. The evidence would have shown that the victim returned to the scene a short time later, at which point Boone shot him at close range, grazing the man’s left temple.

The victim managed to make his way home, a short distance away, where relatives called for help. Boston EMS transported him to Boston Medical Center, where he was treated. Boston Police responded to the scene to secure the area, conduct interviews, and collect physical evidence. Based on the progress of the investigation over the next two days, they presented the victim with a photo array administered by a detective uninvolved with the case.

The evidence at trial would have shown that the victim identified Boone with 100% certainty. Investigators obtained a warrant for his arrest and learned that he had left town shortly after the shooting. Boston Police apprehended him in Brockton on June 29, 2017. The Suffolk County Grand Jury indicted him about three months later.

Judge William Sullivan will sentence Boone on Aug. 30 in courtroom 704.

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

BOSTON, Aug. 23, 2018—The Suffolk County Grand Jury this week indicted three men with long criminal records amid a joint investigation into the sale of firearms and narcotics in Boston and Brockton, Suffolk County District Attorney Daniel F. Conley said today.

Indicted yesterday, arrested this morning, and arraigned in Suffolk Superior Court this afternoon:

DANA BROWN, 45, of Roxbury, charged with eight counts of distribution of a Class A substance for allegedly selling a total of 26 grams of heroin to a cooperating witness on eight dates between December 2016 and September 2017, held on $50,000 cash bail;

VITO GRAY, 48, of Jamaica Plain, charged with two counts of distribution of a Class A substance for allegedly selling a total of 20 grams of heroin to a cooperating witness on two dates in June 2017, held on $35,000 cash bail; and

TERRELL WALKER, 63, of Brighton, charged with unlawful sale of a firearm, unlawful possession of a firearm, and unlawful possession of ammunition for allegedly selling a .40 caliber Ruger P89DC handgun and 42 rounds of ammunition to a cooperating witness on Nov. 9, 2016, held on $500,000 cash bail.

All three defendants are charged as habitual offenders because of multiple prior felony convictions resulting in state prison terms, exposing them to the maximum penalties for the indicted charges if found guilty.

Brown has prior convictions for manslaughter, unarmed robbery, escape from a correctional institution, unlawful possession of a firearm, and other offenses. Gray has prior convictions for assault with intent to murder, armed robbery, assault and battery with a dangerous weapon, assault and battery on a police officer, and other offenses. Walker was convicted of first-degree murder in 1973 for shooting Boston Police Detective John Schroeder to death during a robbery; that conviction was later affirmed by the Supreme Judicial Court but reversed on a federal appeal. He later pleaded guilty to manslaughter for that offense and was additionally convicted of armed robbery in Hampden and Middlesex counties.

Brown, Gray, and Walker were among dozens of individuals identified by local, state, and federal law enforcement as distributing heroin, fentanyl, and firearms in Boston and Brockton during the past 18 months. They will return to court on Sept. 7. The United States Attorney for Massachusetts and Plymouth County District Attorney are prosecuting the remainder.

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

BOSTON, Aug. 27, 2018—Data collected from local and state agencies show simultaneous declines in Suffolk County prosecutions and incarceration as violent crime dropped in Boston, showing that local prosecution strategies have paid remarkable dividends over the past decade, District Attorney Daniel F. Conley announced today.

“Massachusetts has the second-lowest statewide rates of adult incarceration and juvenile commitment in the country,” Conley said. “Here in Suffolk County, our smart-on-crime strategies have cut incarceration, violent crime, and new prosecutions by about 40%. The numbers show that our innovative approach has made the city safer while reducing the number of people behind bars. This is a modern prosecution model the nation should be following.”

Statistics from the Executive Office of the Trial Court show that new cases filed in Suffolk County courthouses – the Boston Municipal Court Department, Chelsea District Court, and Suffolk Superior Court – fell from almost 44,000 in 2008 to 26,577 last year, reflecting a 40% drop in new prosecutions during that 10-year period. While Juvenile Court statistics were not available from before 2012, delinquency complaints in Suffolk County fell from 1,834 that year to 963 last year – a decline of more than 40%.

Statistics from the Boston Police Department show the city’s crime rate dropped from 980 to 645 per 100,000 residents between 2008 and 2017, a decline of 34%. And reports from the Massachusetts Sheriffs Association from 2012 to 2016, updated by the Suffolk County Sheriff’s Department late last year, show a decline of 40% in sentenced inmates, from 813 to 486.

“Suffolk prosecutors embrace effective alternatives to traditional prosecution and sentencing every day,” Conley said. “But they also use the tools at their disposal to identify and prosecute the small number of individuals whose conduct damages and destabilizes the community. These dedicated public service lawyers are doing great work in the courtroom and across the county, and we should recognize their efforts.”

Source: Massachusetts Sheriffs Association, SCSD data request

Source: Executive Office of the Trial Court

Source: Boston Police Department

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

BOSTON, August 28, 2018—A Dorchester man was held without bail at his arraignment today in the stabbing death of 77-year-old Marcelino Perez, Suffolk County District Attorney Daniel F. Conley said.

RAMON RODRIGUEZ-DELGADO, 41, was arraigned today in West Roxbury Municipal Court on a charge of murder in Perez’ fatal stabbing. At the request of Assistant District Attorney Amy Martin, Judge Mary Ann Driscoll ordered Rodriguez-Delgado held without bail.

Martin told the court that Rodriguez-Delgado lived in a building across the courtyard from the victim’s Shandon Street apartment building and had previously observed an individual arrive at Perez’ apartment in order to deliver prize money from a private lottery in which the victim was involved.

On the afternoon of July 26, a security camera captured the man leaving Perez’ building. Approximately eight minutes later Rodriguez-Delgado was captured on camera as he entered the building and then exited after several minutes. He returned to the building a short time later wearing different clothing and remained there for approximately 30 minutes. Prosecutors allege he stabbed Perez multiple times inside the victim’s apartment. Relatives discovered Perez’ body later that day.

Anite Cetoute is the DA’s assigned victim witness advocate. Rodriguez-Delgado was represented by Jim Coviello. He returns to court Sept. 13.

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

BOSTON, Aug. 30, 2018—The man who killed 23-year-old Gage Smith during a fight on Paris Street two years ago has pleaded guilty rather than face trial, Suffolk County District Attorney Daniel F. Conley said.

DARIUS BARRY, 20, pleaded guilty to the crime of manslaughter yesterday afternoon for the Aug. 17, 2016, stabbing that claimed Smith’s life. His trial on the indicted charge of second-degree murder had been scheduled for Sept. 10. Judge Rosalind Miller sentenced him to a term of 12 to 15 years in state prison.

Had the case proceeded to trial, Assistant District Attorney David Bradley would have introduced evidence and testimony to prove that the victim, defendant, and others had been drinking and using drugs on the night of Aug. 16 into the morning of Aug. 17. After splitting up, a friend called Barry to the victim’s Paris Street home, where she was involved in a conflict with the defendant. When Barry and another friend arrived at the scene, the person who called him was outside on the street and Smith was upstairs in his residence.

After a verbal confrontation, the evidence would have shown, Smith came downstairs and engaged one of Barry’s friends in a physical fight. Bradley would have shown that the defendant intervened in that conflict, stabbing Smith twice in the back and once in the chest, causing fatal injuries. Smith died at Massachusetts General Hospital; Barry fled the scene but was apprehended two days later.

Jennifer Sears was the DA’s assigned victim-witness advocate. Barry was represented by attorney Steven Sack.

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

BOSTON, Sept. 4, 2018—A Suffolk Superior Court jury today convicted a Malden man of stabbing 29-year-old Sean Dwyer to death outside his Adams Street barbershop and taking steps to influence witnesses who had testified in the Suffolk County Grand Jury, District Attorney Daniel F. Conley said.

Jurors deliberated for about two and a half days before convicting DOMINIC SHINER, 36, of voluntary manslaughter for the Dec. 12, 2014, encounter that claimed Dwyer’s life and witness intimidation for sending grand jury transcripts from the Nashua Street Jail to a friend with a note that “you know what to do.” Shiner faces sentencing tomorrow morning.

“Mr. Dwyer’s loved ones have waited years for this day to come,” Conley said. “I hope they take some satisfaction in the jury’s verdict and know that prosecutors and police detectives never rested in their efforts on Sean’s behalf. Any mother, father, son, or daughter who loses a loved one to homicide can count on that dedication and support.”

During about seven days of trial, Assistant District Attorneys Julie Higgins and Colby Tilley introduced evidence and testimony proving that Shiner and Dwyer knew one another, and that Shiner had visited Dwyer’s Adams Street barbershop asking for money on Dec. 10, two days before the stabbing.
Witness statements, video footage, telephone records, social media postings, and other evidence proved that Shiner returned to the shop on the evening of Dec. 12 and stabbed Dwyer once in the chest, causing fatal injuries.

Boston Police responded to the area at about 6:20 that evening to find him dead at the scene. After an exhaustive investigation by Boston Police homicide detectives on the street and Suffolk prosecutors in the grand jury, Shiner was indicted for first-degree murder and taken into custody on Sept. 13, 2015.
While held without bail at the Nashua Street Jail, Shiner attempted to mail a friend the grand jury transcripts he had received as discovery. The witnesses’ names had been redacted, but Shiner wrote them in and told his friend “you know what to do.” Employees at the jail intercepted the package and notified Suffolk prosecutors, leading to his Nov. 8, 2016, indictment on witness intimidation charges.

Jennifer Sears was the DA’s assigned victim-witness advocate. Shiner was represented by attorney Michael Doolin. Judge Douglas Wilkins scheduled sentencing for 9:30 tomorrow morning.

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

BOSTON, Sept. 5, 2018—Beloved Dorchester barber Sean Michael Dwyer was recalled as a man wholly devoted to his family at a sentencing hearing for the man who took his life outside his shop four years ago, Suffolk County District Attorney Daniel F. Conley said.

Convicted yesterday of plunging a knife into Dwyer’s heart and then attempting to influence witnesses who cooperated with the investigation, 36-year-old DOMINIC SHINER was sentenced today for voluntary manslaughter and witness intimidation. Assistant District Attorney Julie Higgins recommended the maximum penalties for both offenses – terms of 19 to 20 years and nine to 10 years, respectively, asking the court to impose those sentences consecutively. Suffolk Superior Court Judge Douglas Wilkins sentenced Shiner to 14 to 16 years on the manslaughter conviction followed by two to three years on the intimidation conviction.

Prior to sentencing, Wilkins heard from Dwyer’s closest relatives, members of the family he was building, and a longtime friend who was also a co-worker and roommate. All of them spoke of him as a kind, compassionate, and generous man forging a life for himself and those he loved, a “mama’s boy” who took special care to nurture the confidence and self-respect of young people around him. But they also spoke of the void in their lives after his sudden, violent death at the hands of someone who had once been a friend.

“My heart is shattered,” Dwyer’s mother said, asking the court to impose the maximum sentences allowed under the law. “My spirit is shattered.”

“I never knew true love until he came into my life,” said his girlfriend. “He was generous, gentle, and thoughtful. He was an amazing father figure to my daughter. He was a smart man and a good friend. And I still look for him everywhere.”

Her daughter, who was just 10 years old at the time of the homicide, expressed her regret at not being able to protect him that night, 13 days before Christmas 2014. “I know no one is really a saint. But in my eyes, Sean Michael was a saint,” she said.

Dwyer’s aunt read a note from her daughter, who wrote that her cousin “saw potential in me that I didn’t see in myself.” And an older neighbor who became a friend, co-worker, and roommate to Dwyer praised him as hardworking, selfless, and contemplative – “with the qualities of someone many years his senior.”

Conley noted the array of people, young and old, who came forward to speak of Dwyer’s positive role in their lives.

“They came from many walks of life to tell us how much he meant to them,” Conley said. “The sad fact of prosecuting homicides is that we never get to meet the people we speak for in court. But everything we learned about Sean Michael Dwyer tells us how remarkable he was, and what a terrible loss we suffered when his life was taken.”

During about seven days of trial, Assistant District Attorneys Julie Higgins and Colby Tilley introduced evidence and testimony proving that Shiner and Dwyer knew one another, and that Shiner had visited Dwyer’s Adams Street barbershop asking for money on Dec. 10, 2014, two days before the stabbing.

Witness statements, video footage, telephone records, social media postings, and other evidence proved that Shiner returned to the shop on the evening of Dec. 12 and stabbed Dwyer twice in the chest, including one blow to the heart that caused fatal injuries.

Boston Police responded to the area at about 6:20 that evening to find him dead at the scene. After an exhaustive investigation by Boston Police homicide detectives on the street and Suffolk prosecutors in the grand jury, Shiner was indicted for first-degree murder and taken into custody on Sept. 13, 2015.

While held without bail at the Nashua Street Jail, Shiner attempted to mail a friend the grand jury transcripts he had received as discovery. The witnesses’ names had been redacted, but Shiner wrote them in and told his friend “you know what to do.” Employees at the jail intercepted the package and notified Suffolk prosecutors, leading to his Nov. 8, 2016, indictment on witness intimidation charges.

Jennifer Sears was the DA’s assigned victim-witness advocate. Shiner was represented by attorney Michael Doolin.

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

BOSTON, September 6, 2018— A man was sentenced to prison this afternoon after a jury convicted him of robbing a man with cerebral palsy last summer, Suffolk County District Attorney Daniel F. Conley said.

A Suffolk Superior Court jury today found BENJAMIN JOSEY, 59, guilty of armed robbery, assault and battery on a disabled person, and stealing by confinement. Josey, who was residing at a Boston homeless shelter at the time of his arrest last year, faced sentencing this afternoon before Judge Kenneth Salinger. Assistant District Attorney David Wittenberg of the DA’s Elders and Persons with Disabilities Unit requested that Josey be sentenced to five to seven years in state prison followed by two years of probation with conditions mandating that he undergo drug treatment and stay away from the victim during that time. Salinger imposed a term of three to five years in prison.

During the course of this week’s trial, Wittenberg presented evidence and testimony to prove that on Aug. 24, 2017, Josey approached the then-25-year-old victim as he sat outside a Dartmouth Street residence with a relative who is an amputee and confined to a wheelchair. After the victim denied Josey’s repeated requests for money, Josey displayed what appeared to be the handle of a knife and stated that he intended to rob someone, putting the victim in fear for his own safety and that of his relative, Wittenberg proved. Josey then forced the victim to walk to a nearby ATM where the victim withdrew $60 under duress. Josey briefly grabbed the victim from behind during the transaction and left the area after the victim handed him the money.

Boston Police detectives obtained security camera images from the ATM and recognized the assailant as Josey – a Level 3 sex offender convicted in Hampden County of aggravated rape and rape of a child – from his sex offender registration photo. The victim and a witness each positively identified Josey in a photo array as the man who had robbed the victim.

Before the sentence was imposed, the victim delivered an impact statement in court describing how the incident has affected him.

“It’s hard for me to feel comfortable,” the victim told the court. “I always have a constant reminder of what happened that day.”

“It was important to all of us to stand up for the victim in this case, who was particularly vulnerable because of his disability,” Conley said. “Our Elders and Persons With Disabilities Unit specializes in cases like this one, and it has the resources to serve and support people with similar specialized needs. These cases are important, and the victims can count on us for help.”

Sasha Brown is the DA’s assigned victim witness advocate. Josey was represented by David Leon.

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

DA Conley Thanks Public, Staff While Announcing Sept. 26 Departure

BOSTON, Sept. 12, 2018—Suffolk County District Attorney Daniel F. Conley today announced that he will step down at the end of the month after four full terms in office and 34 years of public service as a line prosecutor, city councilor, and chief law enforcement officer for Boston, Chelsea, Revere, and Winthrop.

Conley, who led a period of unprecedented innovation and improvement in the Suffolk DA’s office before announcing in February that he would not seek re-election, will leave office for private practice. A gubernatorial appointee will serve out the remaining three months of his term. He delivered the following remarks at a press conference this afternoon:

“Good afternoon. As you know, I’m Suffolk County District Attorney Dan Conley, and with me is Steve Tocco of Mintz Levin / ML Strategies here in Boston.

“Earlier today, I informed Governor Baker that I will resign as Suffolk County District Attorney, effective at 4:00 pm on Wednesday, September 26th. I expect that the Governor will appoint a successor to serve out the remaining three months of my term before I leave office.

“As I told many of you when I announced that I wouldn’t seek a fifth term, there are still professional opportunities and challenges that I’d like to pursue in my legal career. So I was honored when Bob Popeo, Chairman of Mintz, Levin, Cohn, Ferris & Popeo, and Steve Tocco, President & CEO of ML Strategies, offered me the tremendous opportunity to join their prestigious organization.

“As a Special Counsel for Mintz Levin assigned to the Litigation Section, I’ll be going back to the hands-on practice of law that first inspired me; and as Senior Advisor for ML Strategies, I hope to draw on my 25 years of experience as a Boston City Councilor and District Attorney to focus on the government and policy matters that drew me to public office so many years ago.

“Because this may well be my last press conference as District Attorney, I’d like to ask your indulgence for a few minutes as I share some thoughts on these last 16 years.

“I’ve been extremely fortunate to work with some of the most dedicated men and women in public safety, government, social services, and the law during 34 years in public service. And thanks to these partnerships, Boston and Suffolk County bear almost no resemblance to what they were when I was first sworn in as an Assistant District Attorney in 1984. In fact, they’re dramatically different even from when I took office as DA in 2002. They’re growing and thriving because they’re safer, and they’re safer because our criminal justice system is more accurate, more effective, and more fair than ever before.
“We’ve tackled wrongful convictions with policies on eyewitness evidence and post-conviction DNA testing that were years ahead of their time – and became models for our judiciary and legislature.

“We built a training program, unique in Massachusetts, that emphasizes ethics, integrity, and discovery compliance that meets or exceeds all state and federal guidelines. As a result, we haven’t just vacated almost a dozen wrongful convictions for homicide, sexual assault, and other violent crimes – we’ve prevented them from occurring in the first place.

“Transparency has been a core value and a management tool for us. Ten years before Ferguson became a household word, we began releasing the entire investigative file in every fatal police shooting to you, the media, so that, in addition to my independent judgment, the public had an additional layer of scrutiny and could understand exactly what happened. After 14 years, it’s still the most transparent approach anywhere in the country.

“We co-founded the Family Justice Center of Boston, streamlining services to victims of domestic violence, sexual assault, and child abuse.

“We created a project to treat prostituted youth as victims rather than offenders that became a key component of the human trafficking law several years later.

“We drafted legislation creating the Witness Protection Fund, and in the decade that followed spent a million dollars protecting witnesses and their families.

“And we created one of the most comprehensive and ambitious juvenile diversion programs in the country, moving more young people accused of more serious offenses out of the juvenile justice system than any other we’re aware of – with a 95% success rate.

“It’s important to note that as we honed and refined the tools at our disposal, we increasingly used a scalpel instead of a sledgehammer. We took a smart on crime approach and the results have been dramatic.

“Even as the population grew, violent crime in Boston fell almost 35%, and at the very same time, we reduced committed sentences at the Suffolk County House of Correction by 40%. With a population of approximately 800,000 in Suffolk County, there are today only about 450 people serving committed sentences in the House of Correction, a facility that can hold over 1,800 inmates. We cut juvenile prosecutions by almost 50%. Today, Massachusetts has the second-lowest rates of adult incarceration and juvenile commitment in the country. State prosecutors can take credit for that, and Suffolk prosecutors are leading the way.

“None of this would have been possible without outstanding partners – Mayors Walsh and Menino; Governor Baker; Boston Police Commissioners Evans, O’Toole, Davis, Evans and Gross, and all the men and women of the Boston Police Department; Police Chiefs Kyes, Guido, and Delehanty and their officers in Chelsea, Revere, and Winthrop; our partners at Transit and State Police, especially Lieutenants Flaherty, Christiansen, Lannon, and Murphy of the Suffolk County Detective Unit; our Children’s Advocacy Center; Boston’s clergy and faith-based community; and far too many non-profit partners to name.

“Above all, however, none of this would have been possible without the men and women of the Suffolk County District Attorney’s Office. They are, in my view, the best and most dedicated public servants in Massachusetts. But even with improvement to their salaries in recent years, state prosecutors remain overworked and badly underpaid. I thank the Legislature for recent steps to rectify this and will, once again, respectfully urge them to keep going. In the meantime, I would ask Boston’s legal community and you, the media, to advocate for them as well.

“I have been privileged to lead one of the most diverse and dynamic prosecution teams in the state. Remarkably, despite the relatively poor pay, our legal staff is more diverse than most private law firms and the legal community as a whole. At least 11 judges appointed by the last three governors came out of this office during my tenure, which speaks to our lawyers’ skill, experience, and professionalism. Our victim advocates have set the standard for marshaling interagency services to keep victims and witnesses safe and supported. And our civilian investigators and administrative staff work so well and so diligently alongside them that it’s no exaggeration to call them integral parts of every single case.

“Before I turn to Steve Tocco, I want to give you two examples of the kind of work these men and women do.

“The first involves an appellate prosecutor reviewing a first-degree murder conviction that was up on appeal. In the course of his work, he spotted an omission of certain trial testimony that the lawyers and the judge had all missed, and that even appellate counsel had failed to raise in his appeal.

“Our prosecutor knew full well that this could be exploited to reverse the conviction, but he brought it to the attention of the court and opposing counsel all the same. At oral arguments, the Chief Justice of the SJC opened the hearing to commend him for “acting in the highest tradition” of prosecutors and for pursuing the interests of fairness and justice, not just a conviction.

“The second example is from just last week, after a jury convicted a man of armed robbery. Displaying a knife, the defendant had forced a man with cerebral palsy to withdraw money from an ATM and stole it from him.

“At first, the victim was afraid and embarrassed to report the robbery, but when he did a whole team of people came together to help – including members of our Elders & Persons with Disabilities Unit. With their support, the victim felt comfortable enough to testify – and with that testimony the jury had the evidence it needed to convict the defendant.

“The victim’s physical disability gave him real trouble with stairs, so after the verdict the trial team headed toward the ramp outside. But as they went left, the victim went right. He wanted to take the stairs.

“‘I feel stronger today,’ he told them.

“Men and women like these, doing work like this, have raised this office to a position of national leadership. I’ll miss each one of them deeply, but I know they’ll serve the next DA well as the best and finest public servants in the Commonwealth.

“I also want to take a moment to thank all of you in the news media for the job that you do. It’s no exaggeration to say that a free and independent press has never been more important to our democracy. In the years I’ve been District Attorney, the media have been instrumental in bringing clergy sexual abuse to light; identifying wrongful convictions; and even giving a name to a murdered child known only as Baby Doe. I ask you to use the power of your position to inform the people you serve, give dignity to lives cut short, and comfort survivors in their grief.

“Finally, and most importantly, I want to thank the people of Suffolk County. Serving them has been an integral part of my life since I was 26 years old, and I have never for one moment forgotten that it was a rare and cherished privilege to do so.

“I’ve been blessed, truly blessed, to know so many of them, to pursue justice on their behalf, and to earn the trust they’ve placed in me. They’ve shown me astonishing acts of grace in the face of unspeakable loss. Mothers and fathers, sons and daughters, families and communities – they’ve made this the most rewarding job I could ever ask for. Many of them are still like family to me.

“The time has come for me to move on, but I’ll carry their wisdom, their kindness, and their faith with me wherever I go.”

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

BOSTON, Sept. 13, 2018—A high-profile arraignment offers an opportunity for trusted figures like teachers, coaches, and mentors to discuss domestic violence with the people who look up to them, and for law enforcement agencies to affirm their commitment to victims and survivors, Suffolk County District Attorney Daniel F. Conley said today.

JABARI BIRD, 24, was arraigned in Brighton Municipal Court today on charges of strangulation, kidnapping, and assault and battery for allegedly beating a woman with whom he had a romantic relationship on the afternoon of Sept. 7. Assistant District Attorney Khyati Short recommended $100,000 and strict conditions of release if he posts that amount; Judge David Donnelly imposed $50,000 bail and ordered Bird to have no contact with the victim and witnesses; to stay away from their school campus; to use no drugs or alcohol and possess no weapons; to continue with his medical treatment plan; and to not leave Massachusetts, except for business and under the condition that he notify probation officers in advance.

Bird allegedly assaulted the woman at his Brighton home during a period of about four hours on Friday and physically prevented her from leaving. When he later passed out, she left the residence and contacted a friend and a coach. Together, they sought treatment for the victim’s injuries at a Boston Hospital. There, they also disclosed the abuse to the police department of the victim’s Boston-area college and then to Boston Police.

“No one should have to live in an abusive relationship,” Conley said. “Anyone living in fear of domestic violence can count on our office for a safe, supportive, victim-centered environment,” Conley said. “As this case illustrates, a trusted figure in a survivor’s life can make disclosing abuse to law enforcement easier. It might be a friend, coach, family member, or co-worker. It might be police or prosecutors directly. But no matter the circumstances and no matter who you are, it’s important to remember that there are people ready to help you.”

Conley said his office and police departments across Suffolk County have experienced investigators sensitive to the needs of domestic violence victims and survivors. 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.

Bird was represented today by attorney Brian Kelly. He returns to court on Oct. 25.

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

BOSTON, Sept. 13, 2018—The fugitive sought for four years in the fatal stabbing of 42-year-old George Sanchez was ordered held without bail at his arraignment on a murder charge today, Suffolk County District Attorney Daniel F. Conley said.

FREIDY BAEZ, a.k.a. FREIDY BAEZ GUERRERO, 30, was indicted for second-degree murder three months after the Sept. 21, 2014, stabbing that claimed Sanchez’ life on Ames Street in Dorchester.

Investigators believe he fled the United States shortly after the homicide, however, and he was ultimately tracked to the Dominican Republic, where he was taken into custody. United States Marshals transported him back to the US early this morning, and he was then transported to Suffolk Superior Court for arraignment.

Assistant District Attorney Julie Higgins told the court that several people were in the area when the victim and defendant became involved in a physical altercation. Baez allegedly used a knife during that confrontation to stab Sanchez in the thigh, causing blood loss that claimed his life. Witnesses in the area positively identified the assailant as Baez, who had fled the scene and then the region.

Anite Cetoute is the DA’s assigned victim-witness advocate. Baez returns to court on Oct. 16 with attorney Christopher Malcolm.

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

BOSTON, Sept. 19, 2018—The New Hampshire man accused of shooting 29-year-old Taquise Johnson to death in East Boston this spring was arraigned today on a murder charge, and his alleged getaway driver has been indicted as an accessory after the fact, Suffolk County District Attorney Daniel F. Conley said.

JEREMY MENENDEZ, 29, of Nashua was extradited from New Hampshire yesterday following his arrest last week by Boston Police. At a hearing in East Boston Municipal Court today, Judge John McDonald, Jr., ordered him held without bail.

Assistant District Attorney David Bradley of the DA’s Homicide Unit told the court that the victim, defendant, and others were hanging out in the area of 800 Border St. in East Boston on the night of June 1. The evidence suggests that Johnson and Menendez walked to a darkened area shortly before midnight and that Menendez shot Johnson multiple times during that encounter. Bradley said a second firearm, which had not been fired, was found near Johnson on the ground.

Menendez fled the scene and entered a car, Bradley said. Prosecutors say that car was driven by KAVARA RIVERA, 23, of Chelsea, who allegedly lied to the Boston Police homicide detectives investigating Johnson’s slaying. The Suffolk County Grand Jury returned indictments on July 12 charging her with being an accessory after the fact to murder and lying to investigators under the state’s witness intimidation statute. Her bail was set at $5,000.

As the investigation unfolded, members of the Boston Police Fugitive Unit tracked Menendez to Nashua, where they placed him under arrest on Sept. 13 with the assistance of local law enforcement and US Marshals. He was returned to Boston yesterday.

Menendez is the second fugitive murder defendant in as many weeks to be returned to Boston to face charges, Conley said. On Sept. 13, 30-year-old FREIDY BAEZ was ordered held without bail on indictments charging him with the 2014 stabbing death of George Sanchez, 42, in Dorchester after Baez’ extradition from the Dominican Republic.

Menendez was represented today by attorney Henry Fasoldt. He will return to court on Oct. 24.

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

BOSTON, September 21, 2018—District Attorney Daniel F. Conley today announced the relaunch of his office’s internet safety training program – now called STOP BLOCK and TALK – designed to ensure kids know how to safely navigate the online world and help parents understand and communicate with their kids about the risks they face online.

Since 2011, Conley’s Director of Youth Safety and Outreach Jacquelyn Lamont has presented the CyberPeace internet safety training she created to kids, parent groups, and professionals who work with young people across Suffolk County. The program has been presented to thousands of students each year since that time. The rebranded program continues to focus on kids’ online safety, but has changed through the years as new risks have emerged with new technology.

“Young people have the world at their fingertips today,” Conley said. “They have access to information, educational resources, and more ways to communicate with friends than many parents can count. But those avenues also expose them to risks that range from cyberbullies to online predators. Just as apps, games, and communication are evolving, so is our internet safety training to ensure that kids and adults are prepared to confront the challenges of a connected world.”

The name STOP BLOCK and TALK reflects the steps Conley’s staff teaches kids to take when confronted by inappropriate behavior online:
• STOP the conversation if someone is being rude or asks for any personal information or images,
• BLOCK the person behaving inappropriately, and
• TALK to a parent or trusted adult.

A variation of the curriculum designed for parents helps adults wrap their heads around newer technology, sites, and programs and encourages them keep an open line of communication with their children when it comes to online safety. Whether kids encounter unsafe scenarios online or off, the most important thing parents can do is to make sure kids know that they can talk to their parents about anything that’s happened without judgment or punishment.

Lamont will begin presenting the program under the STOP BLOCK and TALK moniker next week. This fall, the program will visit Winthrop Middle School, McKinley South End Academy, Roxbury Latin School, Boston Latin Academy, and German International School Boston, with presentations at other schools and youth organizations anticipated.

Schools and youth programs in Suffolk County that would like to present the program to students, parent groups, or staff can find more information at http://www.suffolkdistrictattorney.com/stop-block-and-talk/ or email stopblocktalk@massmail.state.ma.us.

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

BOSTON, Sept. 25, 2018—A senior member of Suffolk County District Attorney Daniel F. Conley’s executive staff has been named to serve out the remainder of Conley’s term when he steps down tomorrow as the chief law enforcement officer for Boston, Chelsea, Revere, and Winthrop.

Massachusetts Governor Charlie Baker today announced that he had selected Assistant District Attorney John P. Pappas of West Roxbury to lead the Suffolk DA’s office after Conley departs an office he has led for more than 16 years. A Suffolk prosecutor since 1994, Pappas has served as Conley’s chief trial counsel since 2011.

Assistant District Attorney John P. Pappas was named by Governor Charlie Baker to serve out the remaining three months of DA Dan Conley’s term.

Pappas pledged to continue the work of the office and ensure a smooth transition with Suffolk County’s next elected district attorney.

“I’m deeply grateful to Governor Baker for the opportunity to continue the legacy of innovation, excellence, and service that District Attorney Conley has built over the past 16 years,” Pappas said. “I’m honored by the chance to lead an office of such talented, dedicated, and compassionate men and women who work so hard to achieve justice for the people of Suffolk County. And I am indebted to the individuals, families, and communities who have taught me so much in my years as a prosecutor. Our work together will continue seamlessly in the weeks and months to come.”

The first-generation son of Greek immigrants and a lifelong resident of Boston, Pappas has served as one of Conley’s top staffers for the past seven years. In his current position, he provides legal and strategic guidance to Superior Court prosecutors from the grand jury stage to trial; evaluates wrongful conviction and other post-conviction claims; and carries a full caseload of complex homicide investigations and prosecutions. Prior to that assignment, he served for a decade in the DA’s Homicide Unit, Senior Trial Unit, Gang Unit, and General Felony Unit. Prior to those assignments, he was a line prosecutor and then a supervising prosecutor in the Boston Municipal Court and East Boston District Court.

Pappas is a graduate of Boston Latin School, the University of Massachusetts at Amherst, and New England School of Law, where he attended the night division, wrote for the New England Journal on Criminal and Civil Confinement, and earned his juris doctorate in 1993. From 1996 to 1997, he taught as an adjunct trial practice instructor at Suffolk University Law School. He was recognized by his colleagues with the 2003 Suffolk Award for Outstanding Superior Court Prosecutor and, more recently, was presented with the 2016 William C. O’Malley Prosecutor of the Year Award by the Massachusetts District Attorneys Association.

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

BOSTON, Sept. 26, 2018—Outgoing District Attorney Daniel F. Conley administered the oath of office this afternoon to his former chief trial counsel, John P. Pappas, who was appointed as Suffolk County’s 15th district attorney by Massachusetts Governor Charlie Baker earlier this week.

At an emotional ceremony at his downtown office, Conley recalled the day he first walked into office after his own gubernatorial appointment in 2002.

“I knew how the DA’s office worked,” he said. “I’d been a prosecutor for nine years, working in the district courts, the Juvenile Unit, and then Superior Court trial teams. I had some experience in government from my time on the City Council. But I’d never been a DA before, and I knew I was going to need a great team. And I’ve had one – for 16 years, seven months, one week, and one day.”

Conley praised the work of Suffolk prosecutors, victim advocates, investigators, and support staff during that time and urged them to continue a tradition of innovation and excellence that make them standard-bearers among the nation’s prosecutors.

“When I walk out this evening, I won’t be district attorney,” he said. “I’ll be one of almost 800,000 Suffolk County residents depending on you to carry this important mission forward. I won’t be in the dugout with you, but I’ll be rooting from the stands. And I’ll no longer be your boss, but I’ll always be your friend.”

Conley stepped down today after nearly 35 years in public service – first as a prosecutor, then as a city councilor, and finally as the chief law enforcement officer for Boston, Chelsea, Revere, and Winthrop. His last official act was to administer the oath of office to his successor.

“I, John Pappas, do solemnly swear and affirm that I will faithfully and impartially discharge and perform all the duties incumbent on me as Suffolk County District Attorney, according to the best of my abilities and understanding, agreeably, to the rules and regulations of the Constitution, and the laws of this Commonwealth, so help me God,” Pappas said as his wife and two children looked on.

Pappas, the son of Greek immigrants who earned his law degree at night while working during the day, spoke briefly of his early years as a prosecutor and recalled waiting at a subway station to take the Orange Line into work, wondering if he was really ready for the job. Over the next 24 years, however, the young assistant district attorney worked his way up from district court assignments to the very highest levels of the office under two district attorneys – Conley and his predecessor, Ralph C. Martin II.

“Hard work and integrity will get you everywhere in this office,” Pappas told a room full of young lawyers, old friends, and family members. “You won’t be judged on your wins and losses in this office. I can tell you that from experience. Honesty. Integrity. Fairness. Compassion. These are the things that matter most here.”

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

BOSTON, Sept. 28, 2018—A Superior Court jury yesterday convicted a computer technician of possessing child pornography after he left a hard drive with graphic sexual images of children at a Boston job site, Suffolk County District Attorney John P. Pappas said.

MICHAEL KRATHWOHL, 28, of Ipswich was convicted yesterday after five days of trial and about three hours of deliberations. Suffolk Superior Court Judge Hélène Kazanjian ordered him taken into custody following the verdict.

“Child pornography documents sexual violence against children,” Pappas said. “These weren’t pictures a parent might take of a child in the bath. They were precisely what was contemplated when the legislature made possessing child pornography a felony.”

Assistant District Attorney Melissa Brooks proved that Krathwohl worked at a Woburn computer support company providing services to a Boston-based client in the fall of 2013. Testimony revealed that an employee at that client business opened his work station on Sept. 30 of that year to find pornography on an external hard drive that had been left there. The employee notified Krathwohl’s employer, who sent a staffer to retrieve the hard drive.

Krathwohl’s employer viewed images on the hard drive on another computer and observed them to depict children engaged in sexual activity. On the advice of counsel, he sought to provide the hard drive to law enforcement. The case was initially investigated by Woburn Police and the Middlesex District Attorney’s office, which performed a preliminary review after copying the hard drive and also found the images to be consistent with child pornography.

Because the hard drive was recovered in Boston, however, Middlesex prosecutors ultimately referred the case to the Human Trafficking & Exploitation Unit of the Suffolk DA’s office, which investigated with the Boston Police Crimes Against Children Unit. That investigation entailed extensive and labor-intensive computer forensic efforts to determine whether the images belonged to Krathwohl or were left on his hard drive when he used it to back up another person’s computer in the course of his work.

Those efforts – which included matching security identification numbers, or SIDs, to the child pornography folder, a work-related folder, and a personal folder all on the same drive – paid off, Pappas said.

Krathwohl faces sentencing at 3:00 pm on Nov. 9. He was represented by attorneys Richard Sweeney and Sabrina Bonanno.

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