Massachusetts Legal Developments Blog

Boston Police Lieutenant Sentenced for Sexually Abusing His Child

One of the more disturbing chapters of the Boston Police Department’s recent history has seemingly come to a close, with a disgraced lieutenant sentenced to between four and six years in prison. The defendant had previously confessed to sexually abusing his own foster child before pleading not guilty and then finally agreeing to a deal made with prosecutors. Did this police officer receive special treatment for sex crimes in Boston?

Officer's Change of Plea

A police officer in Boston decided to plead guilty before his criminal trial for child rape, thereby avoiding a potential sentence of up to life in prison. The charges stem from a series of child abuse incidents that occurred in the defendant’s home from 2022 to 2023. The victim was the defendant’s foster child, and she was 10 and 11 when the abuse occurred. The final act occurred around Christmas, and the victim subsequently reported the abuse to an adult.

The defendant’s wife subsequently discovered the abuse and confronted him, causing him to confess for the first time. The defendant then became psychologically unstable and visited his family’s graves at a nearby cemetery. Concerned, a family member reported the defendant’s behavior to the Police Chief – whose brother (a sergeant) confronted the defendant and seemingly convinced him not to commit suicide.

After this confrontation, the defendant was taken to a nearby hospital for psychological evaluation. He then confessed his offenses to numerous people. Before the trial, he changed his plea to guilty and accepted a deal offered by prosecutors. As a result of this deal, the defendant will spend a maximum of six years in prison.

Did this Police Lieutenant Receive Special Treatment?

One has to wonder whether an average citizen would have received the same deal from prosecutors after such a heinous act of child abuse. According to one report, the defendant had nonconsensual oral sex with the child – who was not even 12 at the time. This charge alone carries a potential life sentence, and the defendant also faced a slew of related charges.

Also in November of 2024, a man in West Springfield was sentenced to a maximum of 12 years for child rape after the jury found him guilty It is also worth noting that a former police officer in Dartmouth received a 15-year sentence for child rape charges just one month ago. The sticking point in plea negotiations on child rape cases is that, depending on the charge, the mandatory minimum can be as much as 10 years. Therefore, in cases with solid evidence like a confession, any offer by the Commonwealth for a sentence of below 10 years is only available with the Commonwealth's consent to reduce the charges. Prosecutors know this, and they know that as long as their sentence recomendation involves a reduction below 10 years they can usually get all but the most hard-headed of defendant's to take the deal. That is the reason that many child sex offenders end up with sentences on the order of 9 years, and why a sentence of 4 years in this case is uncommonly low.

Find an Experienced Defense Attorney in Boston

Sexual assault charges are extremely complicated, and extremely serious. Even a police officer, with all the connections and deference that Courts give police officers, still recieved a committed state prison sentence. Other people, like the defendants in West Springfield and Dartmouth, routinely recieve senences of 10 years or more. If you or someone you know is facing the prospect of a sexual assault charge, book a consultation with an experienced Boston defense attorney today to get started with a defense strategy.

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Criminal Defense

Indecent Assault and Battery

Questions Raised Over Bail for Migrant Accused of Sex Crime

Sex crimes tend to elicit a strong reaction from the general public. Since time immemorial, these offenses have been seen as particularly heinous. Juries have little sympathy for sex criminals in Massachusetts, and even though the court is supposed to be impartial, it is difficult to imagine how a judge could remain unbiased when presiding over some of these cases. The public reacts particularly badly when the victim is a child, and such a case recently occurred in Massachusetts. To make matters even worse, it involved a migrant who entered the country illegally.

Migrant Accused of Sex Crimes Raises Questions Over Bail System

In June of 2024, serious questions were raised over the bail system in Massachusetts after a migrant’s bail was set at $500. He had been accused of raping a child at a hotel, and he had been incarcerated since March of that year. He pleaded not guilty to one count of rape of a child with a 10-year age difference and a second count of rape of a child by force.

Many pointed out the absurdity of a $500 bond for a suspected child rapist. Chief among them was the county prosecutor, who argued that the defendant was too dangerous to be released on such a low bail amount. However, the prosecutor did not actually argue against bail – he simply pointed out that it should have been $10,000 instead of $500.

The migrant’s right to bail and the low amount stems in part from unanswered questions in this case. In particular, witnesses and video surveillance seem to show the victim entering and exiting the hotel room with little changes in her demeanor, hair, and clothing. However, a rape kit allegedly found male DNA on the victim – which the prosecutors hope to match to the defendant.

In August of 2024, the defendant was released on a $500 bail bond. However, his freedom was short-lived. Soon after he was released, Immigration and Customs Enforcement (ICE) took him into custody to begin deportation proceedings. This is despite the fact that the defendant was arrested in a “sanctuary city,” where ICE “detainer requests” are ignored.

In an ICE press release on their detention of the defendant, ICE described retainer requests as “critical public safety tools.” But the facts of the case are still unclear – and only a criminal trial can determine the defendant’s guilt. It is worth mentioning that, technically speaking, the defendant entered the United States illegally. As a result, ICE has the authority to deport him regardless of whether he is innocent or guilty.

Find an Experienced Defense Attorney in Boston

If you are facing sex crime allegations in Boston, consider a consultation with an experienced defense attorney. These legal professionals can guide you toward positive outcomes, no matter how heinous your alleged crimes may be. The court is supposed to be impartial, and your defense attorney can help you ensure an unbiased trial. Reach out to Edward R. Molari today to get started with a defense strategy.

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Criminal Defense

New Massachusetts Ruling Clarifies the Legal Definition of "Firearms"

Many Americans have a clear idea of what a firearm is. Most would say that it is a gun of some kind capable of firing cartridges using the chemical reaction of explosive gunpowder. However, not all states agree – and various jurisdictions define firearms in different ways. For example, New Jersey defines BB guns in exactly the same way as "traditional" firearms. A recent firearms case in Massachusetts clarifies how the Commonwealth defines firearms – particularly in the context of unlicensed possession.

Commonwealth Reverses Charge After Clarifying Legal Definition of "Firearms"

In November of 2024, the Appeals Court in Massachusetts reversed a charge of unlicensed firearm possession, noting that what the defendant actually held was not, in fact, a "firearm" under the proper legal definition.

The case stems from a 2021 incident in which police discovered the unconscious defendant in a parked car at 2:00 AM. Police noticed drug paraphernalia inside the vehicle and carried out a search, finding a bag of fentanyl and a stun gun in the process.

In 2022, the defendant was charged with various weapons and firearms offenses – including "possession of a firearm without a license" and "possession of a firearm during the commission of a felony." Although the drug charges stemmed from trafficking allegations, the firearms charges were solely concerning the defendant's possession of the stun gun (also known as a Taser).

Later, the defendant argued that the firearm charges should be dismissed because the stun gun does not resemble a handgun, short-barreled rifle, or short-barreled shotgun. While the judge agreed to dismiss the charge of possession during a felony, the unlicensed possession charge stood.

The defendant then appealed. The appeals court subsequently reviewed the legal definition of a firearm in Massachusetts, which includes the phrase:

"[...] constructed in a shape that [resembles] a handgun, short-barreled rifle or short-barreled shotgun [...]"

The Commonwealth did not dispute the defendant's description of his own stun gun, which included the phrase:

"A clunky electrical razor or even a small brick."

The Commonwealth had no other choice but to accept that the legal definition of a firearm in Massachusetts cannot include stun guns that do not resemble firearms. The appeals court seemed bewildered as to how this could have happened since it opens the door for all kinds of "covert weapons" that should clearly be illegal.

The appeals court also noted that when the resemblance requirement was added to the firearm definition, the term "stun gun" was still absent. As a result, this represents a totally unintentional (and somewhat absurd) outcome for the defendant, albeit a clearly positive one.

Contact an Experienced Firearms Defense Lawyer in Boston

If you are serious about fighting for your Second Amendment rights, contact an experienced firearms defense lawyer in Boston. Edward R. Molari has experience representing those accused of unlicensed possession, self-defense, illegal modifications, and many related offenses. Schedule a consultation today to learn more – and get started with a real defense strategy.

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Criminal Defense

Firearms

High School Essay Leads to Sex Crime Charges in Massachusetts

Sometimes, the most unexpected things can trigger police investigations and subsequent criminal investigations. Recently, a high school essay published by a student caused a criminal investigation in Massachusetts – eventually leading to a charge of "gross lewdness and lascivious behavior." Although the defendant attempted to appeal his conviction, he was ultimately unsuccessful.

Student Details Troubling Incident in High School Essay

This case stems from an incident described in a high school essay. This incident described involved a sleepover with two girls staying at the defendant's home – one of whom was the defendant's stepdaughter. At about 3:00 AM that night, the defendant is accused of pleasuring himself at the foot of the victim's bed. She woke up due to the sounds he was making, and he eventually ejaculated onto her ankle.

The victim then pulled her ankle back under the covers, causing the defendant to flee the room. She subsequently texted her mother and sister at 4:00 AM, asking to be picked up. They arrived at 8:00 AM, and the victim informed her family of the incident. However, she did not want to report the incident to the police – and life continued for the girl – who was 12 years old when this all happened.

Four years later, she wrote an essay describing these experiences. The police became aware of the essay and began investigating the defendant. During the trial, the judge instructed the jury about the legal definition of "lewdness and lascivious behavior." Under this definition, the defendant must act "openly" while "intending exposure" or "recklessly disregarding" the risk of exposure.

Later, the fact that the judge did not define the term "recklessly" became a sticking point. The defendant argued on appeal that if the judge wanted to use a vague term like "recklessly," they should have clearly defined it.

In response, the Commonwealth argued that this did not create a substantial risk of a miscarriage of justice. The real issue here, they claimed, was whether the defendant exposed his genitals "openly." Since the defendant's entire strategy at trial was that the defendant was lying about the incident, the court did not look favorably upon this later strategy.

In the end, the appeals court determined that the jury would have reached the same conclusion whether the judge had defined the term "recklessly" or not. It is worth noting that the defendant still experienced notable success, having already been found not guilty of a charge of assault and battery stemming from the same case.

Work With an Experienced Defense Attorney in Massachusetts

Although this particular attempt failed, highlighting issues with legal definitions is a legitimate defense strategy. It is the judge's responsibility to define various legal terms when they deliver the jury instructions, and certain omissions could certainly constitute miscarriages of justice. To discuss potential defense strategies in more detail, consider a consultation with Edward R. Molari, an experienced defense attorney in Boston.

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Criminal Defense

CJIS Testimony About Firearms Records is Hearsay in Massachusetts

In an important recent decision, the Commonwealth ruled that a representative of the Department of Criminal Justice Information Services (CJIS) could not testify about the results of a firearms registry records search conducted by a different CJIS employee. The appeals court ruled that such testimony was hearsay, and this led to the Commonwealth reversing a conviction for unlawful possession of ammunition in Massachusetts.

The Background of Commonwealth vs. Jose Encarnacion

The ruling stems from a case involving a traffic stop in January 2020. After an officer pulled the defendant over for a broken tail light, they determined that his license had been suspended. Next, they arrested him, placed him in handcuffs, and searched his vehicle. This search led to the discovery of a firearm, and the officer asked the defendant to present his firearms license. The defendant stated that he did not have a license, and the officer subsequently located six rounds of “loose ammunition” – plus a magazine loaded with seven cartridges.

When the defendant eventually faced a trial for unlawful possession charges, a CJIS Deputy Commissioner explained that law enforcement officials could use the CJIS database to determine whether individuals had been approved for or denied firearms licenses. However, this CJIS employee did not personally search the database to determine whether the defendant had acquired a license.

Initially, defense counsel objected to this testimony on the grounds of hearsay. However, the judge overruled the objection and allowed the testimony. The counsel then objected to similar issues, and the prosecution offered to call in additional witnesses. They also offered to have a witness conduct a CJIS database search in real time before the jury. However, none of these offers actually materialized, and the judge seemed to prefer the initial testimony of the deputy commissioner.

Appeals Court Defines CJIS Testimony as Hearsay

An appeals court found that the testimony of the CJIS Deputy Commissioner was, in fact, hearsay. It is not difficult to see why they came to this conclusion, as the commissioner testified about what someone else had done. Not only that, but the commissioner testified about the conclusions of a CJIS database search conducted by someone else.

The court also determined that even if there was an exception to the hearsay rule in this circumstance, the testimony would have violated the defendant’s Sixth Amendment rights anyway. Among other things, the Sixth Amendment includes the right to confront your accuser directly.

Can a Massachusetts Defense Lawyer Help With Unlawful Possession of Ammo?

An experienced defense lawyer in Massachusetts may be able to help you defend yourself against charges of unlawful possession of ammunition. As the recent Commonwealth decision shows, testimony from CJIS employees may not be as reliable as prosecutors assume. The court must be very careful when choosing witnesses to testify against defendants in these cases, and they should choose the same person who actually conducted a records check in order to avoid hearsay issues. To explore a potential defense strategy in greater detail, reach out to Edward R. Molari today.

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Criminal Defense

Firearms

Surveillance Footage vs. Eyewitnesses in Boston Armed Robbery Cases

Prosecutors today rely heavily on surveillance footage, a form of evidence that did not even exist a lifetime ago. Prior to this development, the only way to look back on a past moment was by asking an eyewitness. Which is the more reliable form of evidence in the context of murder, armed robbery, or assault cases in Boston? This question was recently addressed in a Boston armed robbery case – and it provides some interesting insights.

Armed Robbery and Murder Defendants Appeal Based on Video Evidence

This case involved armed robbery and murder stemming from a 2015 incident. The defendants were accused of robbing or attempting to rob three different sex workers at gunpoint within a single night. The first woman denied them entry to her hotel room, while the second opened her door and had several hundred dollars stolen. They then visited a third woman’s hotel room, and this woman died shortly after the visit.

The defendants were filmed entering and exiting the hotel via surveillance cameras. The guests also reported hearing screaming and a single gunshot. During their investigation, police contacted the two women who interacted with the defendants. One identified a defendant when presented with a photograph of him. Investigators also obtained security footage from not only the hotel but also the surrounding buildings.

Investigators then used this footage to identify the defendant’s vehicle, later tracking it to a residence in Burlington. They then seized the car, searched it, and accessed his cell phone – finding more incriminating evidence. They also found evidence that showed the defendant was an employee of one of the targeted hotels. Through additional searches of vehicles and residences, investigators found compelling evidence against the defendant – including the apparent murder weapon and clothing worn during the offenses.

All of this led to numerous convictions during a jury trial in 2017. These convictions included murder in the first degree and attempted armed robbery.

The defendant then appealed, arguing that the police officer who identified the defendant in the surveillance videos did so erroneously. The defendant argued that the video footage was of poor quality, making it difficult to determine the identities of recorded individuals. In addition, the court admitted that instead of allowing the officer to describe the footage to the jury, they should have simply shown the footage directly to the jury.

Despite this admission, the court decided that the error did not result in prejudice. Aside from the video footage, the court argued, there was simply too much incriminating evidence. In other words, it would not have mattered anyway – and the defendant would have still been convicted.

Contact a Boston Armed Robbery Defense Lawyer

If you have been accused of armed robbery in Boston, you might want to get in touch with an experienced defense attorney at your earliest convenience. Even if there seems to be a significant amount of evidence laid against you, a lawyer could help you fight for your rights with confidence. To get started with a defense strategy, contact Edward R. Molari today.

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Criminal Defense

Dartmouth Police Officer Gets the Minimum Sentence for Child Rape

A 10-year police veteran has been sent to prison for at least a decade after being convicted of child rape. Two victims came forward with harrowing stories during the trial, telling the court how the former officer had taken advantage of them through family ties. Although 10 years might seem like a long time, prosecutors were pushing for a much more substantial sentence. In the end, the officer emerged with only the mandatory minimum sentence – something that has raised numerous questions.

Police Officer Found Guilty of Child Rape and Indecent Assault

In October of 2024, various sources reported that a police officer had been found guilty of child rape and indecent assault in Massachusetts. He was sentenced to between 10 and 15 years in prison, followed by two years of supervised probation. In total, he was convicted of two counts of aggravated rape of a child and one count of rape of a child by force.

During the three-day trial, the court heard evidence that the officer had raped a young girl between the ages of 6 and 8. According to one report, this young girl was a family member – and the rape occurred between 2011 and 2013. This individual first became a police officer in 2008. Boston.com claims that this young child was the defendant’s stepdaughter.

Another victim also came forward, accusing the officer of molesting her when she was 15 years old. According to her testimony, this molestation occurred when the teenager was visiting the defendant’s home alongside her family for a movie night.

This marks the second trial for these crimes. The first trial occurred in 2022, but it ultimately ended in a mistrial.

Prosecutors Not Happy With the Court’s Leniency

Although the victims must be relieved to see this individual behind bars, prosecutors expected a much more substantial sentence. Bristol County District Attorney Thomas Quinn stated:

“We had requested more and thought more was appropriate. I mean, you are dealing with a police officer here.”

It is easy to understand this sentiment. After all, police officers are tasked with protecting their communities. One would think that such a blatant betrayal of trust would lead to less leniency from the court – not more. 10 years is the bare minimum for child rape in Massachusetts, and this defendant could have received a sentence of up to 25 years.

Contact Edward R. Molari Today

Although this police officer received only the mandatory minimum sentence, the case still highlights just how corrupt and unethical law enforcement can be. Fortunately, this particular officer was caught and held accountable. But how many officers are abusing their positions of authority behind closed doors? How many other victims are too scared to come forward? If you need help pushing back against corrupt police officers, consider a consultation with an experienced defense attorney in Boston. Choose Edward R. Molari, and get started with an action plan today.

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Criminal Defense

Do Prosecutors Have to Reveal a Confidential Informant's Identity in Boston?

Many drug trafficking defendants in Massachusetts are prosecuted on the basis of information from confidential informants or "CIs." The issue is that these CIs are inherently anonymous – and their use raises Sixth Amendment questions. In the United States, defendants are supposed to have the right to face their accusers in court. Without this principle, the government could theoretically fabricate charges and then claim that their evidence is "confidential." A recent case in Massachusetts provides further insights into this issue.

Prosecutors Refuse to Hand Over Confidential Informant Evidence in Drug Case

If you face evidence from a confidential informant in Massachusetts, you should be able to request some background information at the very least. However, a recent defendant was met with stiff opposition when his lawyer requested documents relating to a confidential informant in Boston.

This case stems from an alleged drug deal that took place in 2019. After receiving a tip from a confidential informant, police began tracking a man in a red Honda Accord. Eventually, they saw him carry out a suspected drug deal and quickly pulled him over. After searching his vehicle, they discovered various drugs and bundles of cash.

The defendant's attorney began to raise questions about whether the initial tipoff from the confidential informant was reliable. In response, the Commonwealth provided the defense lawyer with a memo written by a police officer. This memo waxed lyrical about this confidential informant, claiming that they had participated in numerous investigations involving drug distribution. In addition, the memo stated (for the first time) that this confidential informant had carried out a "controlled buy" from the defendant 72 hours before his arrest.

However, the defense lawyer was not satisfied with this report – and he requested additional documents during discovery. These included copies of all communications between the confidential informant and the police department – including text messages. The lawyer also requested a "track record" of the past cases this informant had assisted with. In addition, he requested more documentation about the alleged controlled buy. Perhaps most importantly, the defense lawyer requested "motive to lie" information. These documents could potentially expose conflicts of interest, as many informants "sell" information in exchange for money, shorter sentences, and other rewards.

While the judge did not force the prosecutors to hand over all of this information, she ordered them to provide the communication documents and any information about the "motive to lie." Amazingly, the Commonwealth simply refused to comply. As a result, the judge dismissed the case against the defendant. However, a higher court then determined that the judge erred – and that she should have considered a less severe sanction. As a result, the case will assumedly move forward again.

Can a Drug Trafficking Defense Lawyer in Massachusetts Help Me?

If you were arrested for drug trafficking in Massachusetts and you believe that the evidence came from a confidential informant, you may have various defense strategies to consider. To discuss your legal options in more detail, get in touch with a Boston defense lawyer. Choose Edward R. Molari, Attorney at Law, to work alongside a lawyer who has direct experience with drug cases. Book your consultation today to get started.

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Criminal Defense

Drug Trafficking

Drug Possess to Distribute

Massachusetts Correctional Officer Accused of Smuggling Drugs Into Jail

We often hear that it is easier to purchase drugs behind bars than on the street. To the casual observer, this might seem like a ridiculous concept. After all, jails and prisons are subject to the highest levels of security. Everyone and everything that goes into a correctional facility is searched with a fine-tooth comb – so how could drugs end up in the hands of inmates? What many people fail to realize is that there is considerable corruption among correctional officers – and a recent drug case in Massachusetts highlights this issue.

Jail Guard Allegedly Gave Suboxone Strips to Inmates

A correctional officer in Norfolk County faces serious drug charges after being accused of smuggling suboxone strips into a jail. The defendant was reportedly approached by one of the inmates, who offered payment in exchange for his assistance in a drug operation. The jail guard allegedly agreed and met with a female acquaintance of the inmate in a parking lot. The female co-conspirator provided the guard with suboxone strips, which he then smuggled into the jail alongside garbage bags.

Suboxone strips are FDA-approved, and they are used to treat heroin addiction. Proponents of this drug have testified before Congress on its ability to help treat heroin addicts. Perhaps most notably, it completely removes symptoms related to withdrawal while eliminating cravings. However, CNN notes that it can also be abused as a recreational drug – providing a "little bit of a high."

One has to wonder whether the inmates were abusing the suboxone or genuinely trying to treat their own addictions. Due to the supposed availability of drugs in prisons and jails, one would assume that heroin addicts could simply buy the "real thing" instead of using suboxone. One might also wonder why the jail wasn't giving suboxone to inmates struggling with withdrawal, especially given its FDA-approved status. Remember, heroin withdrawal can be fatal.

County Sheriff Patrick McDermott stated:

"[...]our number one role here at the sheriff's office and at our correctional facility is rehabilitation before these men go forward and back into their communities."

Regardless, the correctional officer has been fired – and he now faces penalties for drug conspiracy. He says he was promised $5,000 to participate in the operation, which he never received.

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Criminal Defense

Drug Trafficking

Drug Possess to Distribute

Massachusetts Police Detective Accused of Strangling Pregnant Woman

A former police detective in Massachusetts is facing serious charges after allegedly strangling a pregnant woman. This woman was found dead back in 2021, and her death was initially ruled a suicide. However, investigators now believe that this apparent suicide was staged by the detective – who knew exactly how to fool his colleagues. The details of this murder are disturbing, and the defendant faces an uphill battle in court. But as any Massachusetts defense attorney will tell you, he is presumed innocent until proven guilty.

Defendant Allegedly Had Relationship With Victim Since She Was 15

Investigators say that the detective maintained a sexual relationship with the victim since she was just 15 years old. He was one of three officers to face these accusations. When the victim reached the age of 23, she allegedly told the detective that she had become pregnant with his child. Prosecutors say that this news caused the officer to kill her, and they say his motive was to conceal the illegal relationship that he had maintained since her childhood.

Perhaps the most important question is simple: How could her death have been ruled a suicide if there is clear evidence that suggests otherwise? This raises worrying questions about law enforcement in Massachusetts. Specifically, there are questions about whether police covered up the crime in order to support one of their own.

In fact, this crime was only exposed because the victim’s family hired an independent pathologist. This pathologist immediately discovered that the suicide allegations made no sense. This triggered a more in-depth investigation, which reportedly uncovered evidence of underage sex with the victim.

Prosecutors apparently have documents that show the victim was excited about giving birth. These documents also show that the defendant pressured the victim into deleting any digital evidence of their relationship before her 16th birthday. After giving her these instructions, he then searched for how to delete data from his own phone.

Victim Allegedly Groomed Through Youth Police Program

Perhaps the most disturbing detail of this case is the involvement of a special youth program operated by the Boy Scouts. The Stoughton Police Explorers Academy is geared toward teaching children about careers in law enforcement. The victim participated in this program at the age of 12 and continued until the age of 16. This brought her into contact with the defendant – implying that he groomed her through a vocational program designed for children. This not only raises questions about the police, but it also casts doubt on everyone involved in these youth programs.

Contact a Massachusetts Defense Attorney to Discuss Potential Defense Strategies

People are accused of heinous crimes all the time, but not all defendants are convicted. Regardless of how shocking these allegations might be, regardless of the evidence, you are always innocent until prosecutors prove your guilt beyond reasonable doubt. If you face violent crime charges in Massachusetts, a criminal defense attorney may be able to help. Contact Edward R. Molari today to learn more about potential defense strategies.

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Criminal Defense

Murder

Domestic Assault and Battery

Suffocation

Strangulation

Pregnant

Serious Bodily Injury