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Ineffective Assistance of Counsel May Be Grounds for Withdrawal of Guilty Plea

Today, the Masschusetts Appeals Court issued its decision in Commonwealth v. Almonte, discussing the standard for a criminal defendant to withdraw his guilty plea on the grounds of ineffective assistance of counsel.

In 2005, the defendant was charged with one count of assault and battery by means of a dangerous weapon, and one count of assault and battery on a child causing injury, arising out of allegations that he had physically abused his minor daughter. Following plea discussions, the defendant and the Commonwealth agreed to plead guilty on both counts, with concurrent sentences of one-year of confinement, suspended for two years, upon certain probationary terms. The defendant and the Commonwealth submitted a “Tender of Plea” form, also known as the “green sheet,” to the Lawrence District Court, outlining these terms.

Computer Breach Likely in Convention Credit Card Theft Case

DECEMBER 20, 2013

This fall, hundreds of attendees at conventions in Boston fell victim to credit card theft. However, police now think that there could be many more victims throughout the city.

According to Boston Police Detective Steven Blair, the thefts are more widespread than previously thought and people who did not attend the conventions at the Boston Convention & Exhibition Center in October and November could also be victims.

The new information comes after interviews with credit card companies. Blair said that there could be hundreds more victims. This is in addition to the hundreds who have already reported fraudulent and unauthorized charges to their credit cards after visits to Boston.

At present, there have been about 300 people who have reported compromised credit cards after attended the American Society of Genetics meeting and the American Public Health meeting, held in October and November respectively.

Although police remain unsure as to how the thefts were carried out, the thieves most likely hacked into a computer system to capture the data. There has not been a breach found at the convention center, adjacent hotel, or the local restaurants and bars. The Massachusetts Convention Center Authority announced that the thefts did not occur in the facility to reassure convention planner scheduled to meet in January. Some employees of the authority were also victims.

After the convention in Boston, victims of the theft reported their credit cards being used around the United States in clothing stores, drug stores, and other retailers to buy gift cards. The gift cards are able to be resold for cash.

The victims reported that they used their credit cards mostly in nearby restaurants and businesses, including M.J. O’Connors and City Bar. Both of these establishments are located in the Westin Boston Waterfront Hotel. The Briar Group owns both restaurants, and reports that its security consultants are yet to find any problems in their systems. Similarly, the Westin has also been unable to find any breaches of security.

The state attorney general and US Secret Service are also investigating the theft. Boston Police have reached out to major credit card companies, and with their help are retracing the steps of the potential victims and pinpointing locations where the cards were used.

Teen Accused of Fatal Hit-and-Run Pleads Not Guilty

NOVEMBER 22, 2013

Last month, Eric Megna allegedly struck and killed a man who was riding his bicycle. The incident occurred at night on an unlit street, and Megna then attempted to cover it up, according to the Plymouth County prosecutor.

Megna is currently a freshman studying engineering at the University of Massachusetts Dartmouth. He pleaded not guilty at the arraignment, which took place at Wareham District Court. The family of the victim, Michael Dutra, had to be ordered to the leave the courtroom because of their emotional state. Dutra was 58, and the father of two children.

Megna was released on $10,000 cash bail. He has been charged with leaving the scene of a fatal motor vehicle crash, and his next court appearance is scheduled for January 8th.

Authorities found that Megna left the scene of the accident, which occurred at approximately 7pm on October 11th in Middleborough, Massachusetts. He then drove to Lincoln, New Hampshire. Three days later, he called New Hampshire state troopers and reported that a deer hit his 2006 Jeep Grand Cherokee while he was driving on the Interstate 93 in Woodstock, New Hampshire.

Troopers arrived on the scene an hour after Megna’s call. Megna told them that a passerby had taken the deer. The troopers did not find any vehicle debris at the site, and there was no deer fur on the vehicle.

Megna attempted to strengthen his alibi by emailing a picture of a deer to his mother as evidence of the accident. However, the prosecutor Matthew Libby said that the photo he sent was actually taken from an old posting on a website for pictures of road kill.

Furthermore, paint and debris from the accident in Middleborough match Megna’s car. The police also have emails from the defedant’s father, Paul Megna, sent to the defendant’s mother, Stephanie Saniuk. In the email Paul Megna says he is concerned because of a cellphone call his son made to his mother from south of Boston when he said he was in New Hampshire. In addition, state troopers overhead a conversation at the father’s apartment in Medford when approaching with a warrant. They heard a man telling someone to keep his mouth shut and that the police couldn’t prove who was driving the car.

The authorities also tracked Megna’s trip, starting at UMass Dartmouth, then to where he lives in Middleborough and finally to New Hampshire that night. However, the defense argued that the investigation was inaccurate due to the timeline and amount of travel involved.

During the hearing, the victim’s family shouted, crying and holding each other. They were then removed from court, and not allowed to re-enter until later in the hearing.

Steven Dutra, Michael’s brother, is most upset that Megna allegedly failed to help the injured victim, and left him there.

Boston University sees Decrease in Crime

NOVEMBER 1, 2013

In 2012, Boston University’s Charles River Campus saw a slight decrease in crime. However, there was a large increase in violations for on-campus liquor and drug violations. Arrests for these violations did not increase, but the number of violations shot up nearly 30% of the year before.

The information was released as part of the annual report that must be released under the Clery Act. The Act passed back in 1990 and makes is so that colleges and universities in federal financial aid programs must release information on campus crime. It’s created using Boston University Police Department records, as well as those from other campus departments and neighboring police in Boston, Cambridge and Brookline.

The number of instances of aggravated assault more than doubled- there was only four incidents in 2011 and nine in 2012. Two-thirds of these cases happened on public property that neighbors the campus. There was also an increase of reported forcible sex offenses, up to 10 from 9 the previous year.

On a positive note, the number of burglaries and robberies fell drastically. BUPD reported only 46 burglaries in 2012, much less than the 63 reported in 2011. There were also only 4 robberies reported on campus and public property in 2012, down from 13 the year before. This number does not include a robbery spree last fall that lasted about two weeks and put BU students on edge- most of those did not occur on the campus or abutting public property. Therefore, reporting them is not required under the Clery Act.

That’s also true for larceny, which is defined as theft of personal property without force. Because of this, the 76 bicycles reported stolen in 2012 are not reported either. Bike theft is expected to rise this year, although it was previously decreasing for several years.

BUPD also reports on hate crimes as of 2011, when 4 crimes were reported. These crimes are usually committed using social media, and 2012 saw two incidents reported. In these cases, students were targeted based on their sexual orientation and national origin.

Fires were also up this year, to 11 incidents from 8 the year prior. Most fires were related to cooking in residences, and the damage was under $1,000 in each case.

BU’s Medical Campus saw much more crime this year, with incidents almost doubling from 6 in 2011 to 11 in 2012. There were four arrests for drug violations that occurred on public property, as opposed to a single incident in 2011. There were also two cases of motor vehicle theft, a sharp contrast with zero the year before.

BUPD Sergeant Daniel Healy stressed that the increases may be more due to differences in reporting by the police than increases in local crime.

West Andover Teen Punished by School for Picking Up Drunk Friend

OCTOBER 18, 2013

Erin Cox, a North Andover teen, is currently facing punishment from her high school after driving a friend who was too drunk to drive home.

A few weeks ago, Erin answered a call from one of her friends who was at a party and too drunk to drive home. Erin went to the party after work to give her friend a ride home. However, only minutes after she arrived at the party the police came. Several underage kids were busted for possessing alcohol. Everyone who was at the party received a summons for ‘minor in possession’.

Erin is an honors student at North Andover High School and was cleared at the scene by the police. They agreed that she did not possess alcohol and was not drinking. However, her school decided that she was in violation of the district’s zero tolerance policy for alcohol and drug use. During her senior year, Erin faced a demotion from her position as volleyball caption as well as a five game suspension.

Now, the Cox family is taking their daughter’s case to court. They filed a lawsuit in District Court against the school district. The school district disputed an injunction of any type, and the judge in the case ruled the court did not have jurisdiction. North Andover superintendent Kevin Hutchinson would not discuss the case, but says that decisions like this are made to be consistent and fair with the Massachusetts Interscholastic Association rules.

Outside the legal system, parents of Erin’s volleyball teammates have created a petition to show their support. Erin’s parents stand behind their daughter’s position. Her mother, Eleanor Cox, is devastated because her daughter thought she was doing the right thing.

The laws in Massachusetts that involve minors and alcohol are very strict. For instance, any teenager who operates a motor vehicle with a blood alcohol content of .02 or more faces a license suspension lasting at least 30 days and as long as three years. It can also greatly impact the teenager’s ability to be admitted to a school or find employment.

On top of that, students often face punishments for violations of school district alcohol policies. The strict policies can be interpreted in some cases to punish innocent teens like Erin Cox.

Cox has said that she still stands behind her decision to go get her friend. She believes she prevented her friend from driving while drunk and potentially hurting herself or someone else.