Nov. 30, 2009: GRAND JURY INDICTS ALLEGED GUNMAN, ASSOCIATES IN
PREGNANT WOMAN’S SHOOTING DEATH
Suffolk County District Attorney Daniel F. Conley today announced the indictment of
three men in connection with the fatal shooting of Paula Castillo at a party
celebrating her 18th birthday.
The indictments charge RUBEN SANCHEZ (D.O.B. 9/6/90) of Hyde Park with
second-degree murder for Castillo’s Sept. 20 homicide on Hillis Road.
The indictments also charge MIGUEL VASQUEZ (D.O.B. 5/5/91) of Boston’s South
End with assault by means of a dangerous weapon and ANDREAS BREA (D.O.B.
1/25/90) of Roxbury with being an accessory after the fact to assault by means of a
dangerous weapon.
All three men are additionally charged with unlawful possession of a firearm,
unlawful possession of ammunition, and unlawful possession of a loaded firearm for
possessing the handgun that allegedly killed Castillo.
Evidence developed in the course of the two-month grand jury investigation
suggests that Sanchez and his cohorts arrived at Castillo’s birthday party and
became engaged in a verbal altercation with others present. Another partygoer
asked the three men to leave.
The three men did leave the building but continued to exchange words with other
people outside. At about 2:30 a.m., Castillo leaned out a window and addressed
them. With Vasquez allegedly urging him to display the weapon and “show them
what you got,” Sanchez allegedly fired multiple rounds from the handgun. One of
those shots struck Castillo in the neck. She died within minutes.
Brea allegedly drove Sanchez and Vasquez from the scene. A description of their red
Honda Civic was relayed to Boston Police, who stopped it and brought the occupants
in for questioning after the shooting. A search warrant later executed on the vehicle
led to the recovery of a firearm.
Sanchez is represented by attorney Ronald Brandt. He, Vasquez, and Brea are
expected to be arraigned in Suffolk Superior Court on Dec. 14. Nov. 30, 2009:
PACKING HEAT: SUFFOLK PROSECUTORS BRING THERMAL IMAGING
TECHNOLOGY TO COURTROOM A gun-toting Dorchester man last week became the
first Massachusetts defendant convicted by a jury that heard expert testimony on
thermal imaging technology, which demonstrated that the gun he tossed into a
snowy back yard had recently been carried by a person, Suffolk County District
Attorney Daniel F. Conley said.
A Boston Municipal Court jury on Monday convicted JOSE E. RODRIGUES (D.O.B.
6/30/84) of all charges stemming from his January arrest for carrying a loaded
9mm handgun on Whittemore Street in Dorchester. Following his conviction, Judge
Sally Kelly sentenced him to two and a half years behind bars.
“Science and technology are advancing every day,” Conley said. “Bringing those
advances into the courtroom is part of our mission and our responsibility. The work
that began with fingerprints at the turn of the last century and continued with DNA
as we entered the new millennium isn’t slowing down, and neither are we. When it
comes to making our streets safer, we’re going to use every single tool at our
disposal.”
During a four day jury trial ending on Nov. 23, Assistant District Attorney Tonya
Platt of Conley’s Gun Prosecution Task Force didn’t just call the Boston Police
officers who chased Rodrigues through side streets and back yards – she also called
Priam Pillai, a graduate student in mechanical engineering at the Massachusetts
Institute of Technology, who testified as an expert witness on thermal imaging
technology.
That technology, pioneered for military purposes and now used mainly as a
firefighting aid, has been used by Boston Police since they purchased a Bullard TI
Commander, which records heat output the way a conventional camera records
light. Because a metal object carried by a person retains heat, a recently-discarded
firearm – such as one tossed by a fleeing suspect – will appear lighter than its
surroundings in the Bullard’s thermal image.
Though the technology has existed for some time, Massachusetts courts had
previously refused to allow it as evidence until Suffolk prosecutors developed
expert witnesses to testify regarding its accuracy. Toward that end, prosecutors
reached out to experts in thermodynamics and related fields at MIT. Pillai, who
holds a master’s degree and teaches classes at the Ivy League school, was selected as
a potential expert witness after a rigorous evaluation of his professional,
educational, and ethical qualifications.
Suffolk prosecutors then led extensive pre-trial voir dire and evidentiary hearings in
a series of efforts to have him qualified as an expert witness. Those efforts were
successful, and Pillai testified as a court-certified expert in heat transfer technology
in the Rodrigues case and an unrelated 2008 bench trial. But for the prosecutors’
work to bring the thermal images and the science that supported them into
evidence, Conley said, the jury would never have seen them.
“Television and movies can contribute to unrealistic or even impossible
expectations when it comes to scientific evidence and testimony,” Conley said. “This
case allowed us to go beyond the conventional and bring the cutting edge to bear.”
In addition to hearing from Pillai, jurors in the Rodrigues case also heard testimony
from Boston Police who observed the defendant clutching his waistband as he
walked along Whittemore Street on the evening of Jan. 12. When they inquired of
him, Rodriguez bolted from their vehicle. Officers gave chase, losing sight of him
briefly before spotting him with an arm outstretched as if having thrown something;
they finally took him into custody in the side yard of a Glendale Street residence.
Along his path of flight, they later recovered a 9mm semiautomatic Smith & Wesson
handgun.
In addition to taking conventional photographs of the weapon, Boston Police
deployed the Bullard TI Commander and took thermal images of the gun and the
area around it. These were the images presented to the jury. It was under similar
circumstances that JOSEPH RIVERA (D.O.B. 10/31/89), who tossed a firearm into a
garbage can while fleeing police in May 2008, was convicted at a jury-waived trial
on similar charges; the judge in that case specifically noted the importance of
thermal imaging evidence and Pillai’s testimony to her guilty finding.
Rodrigues was convicted of unlawfully carrying a firearm, ammunition, and a loaded
handgun in the Gun Priority Disposition Session, a specialized set of proceedings
known as “Gun Court” and dedicated to the rapid prosecution of gun possession
cases. Since its inception in 2006, Gun Court has been the venue for more than 500
firearms possession cases; it has reduced the average length from arraignment to
disposition from longer than a year to less than six months while maintaining a
conviction rate of about 86%.
Rodrigues was represented by attorney Timothy Bradl. Nov. 27, 2009: NO BAIL FOR
MAN CHARGED IN JUNE MURDER
A Roxbury man was ordered held without bail today following his arraignment for
the murder of 29-year-old Travis Lamont Davis this summer, Suffolk County District
Attorney Daniel F. Conley said today.
Arrested Wednesday by Boston Police, STERLING FUSI (D.O.B. 2/17/86) was
formally charged today with Davis’ June 5 shooting death on a back stairwell at
Fusi’s 2 Centre Terrace residence in Roxbury. Acting on a request by Assistant
District Attorney Edward Krippendorf of Conley’s Homicide Unit, Roxbury District
Court Judge Kenneth Fiandaca ordered Fusi held without bail pending trial.
Krippendorf told the court that Davis went to the apartment shared by Sterling Fusi
and his brother, MAXWELL FUSI (D.O.B. 5/11/91), on June 5.
“At approximately 2:40 pm, as a result of a dispute that occurred within the
apartment, Sterling Fusi drew a silver .45 caliber handgun and began firing it at
Travis Davis,” Krippendorf said. “As Davis fled from the apartment running down
the rear staircase, Fusi … ran after Davis shooting at him, striking him multiple
times.”
As Davis lay dying, Krippendorf said, Sterling Fusi ran back into the apartment.
Maxwell Fusi allegedly took the handgun, left the apartment, and discarded it in an
empty lot across the street.
Acting on evidence developed by the homicide units of the Boston Police
Department and Suffolk DA’s office during an active, ongoing investigation, Suffolk
prosecutors approved warrants for the Fusi brothers’ arrests on Nov. 20.
Maxwell Fusi was arrested and arraigned Monday and held on $250,000 cash bail
for allegedly possessing the murder weapon in the shooting’s aftermath; he is
represented by attorney Darryl Malden.
Sterling Fusi was apprehended Wednesday in Malden. He is represented by attorney
Robert Jubinville, Jr., and will return to court on Jan. 26. Cat Yuan is the assigned
victim-witness advocate. Nov. 24, 2009: ATTEMPTED RAPE SUSPECT HELD
WITHOUT BAIL PENDING HEARING
A Level III sex offender was ordered held without bail until a Superior Court hearing
next week can determine whether his pre-trial release would endanger an
individual or the community, District Attorney Daniel F. Conley said today.
A Suffolk County Grand Jury yesterday returned four indictments charging DAVID
FLAVELL (D.O.B. 6/22/69) with assault with intent to rape, two counts of assault
and battery with a dangerous weapon, and one count of assault and battery for the
violent Oct. 22 attack of a 27-year-old woman. The indictments move Flavell’s case
from the Boston Municipal Court to Suffolk Superior Court, where it will be
adjudicated.
At Flavell’s Superior Court arraignment this morning, Assistant District Attorney
Tara Burdman requested that Flavell remain held without bail pending a
dangerousness hearing scheduled for Dec. 4. Clerk Magistrate Gary D. Wilson
accommodated her request.
The hearing, sought by prosecutors under Ch. 276, Sect. 58A, of the Massachusetts
General Laws, allows for violent offenders to be held without bail for up to 90 days if
“clear and convincing evidence” demonstrates that “no conditions of release will
reasonably assure the safety of any other person or the community.”
Prosecutors allege that at about 3 p.m. on the date of the incident, Flavell was
standing near a women’s restroom on the first floor of the Massachusetts General
Hospital. The female victim entered the restroom and was washing her hands when
Flavell walked in.
When the victim inquired about him being in the wrong bathroom, the defendant
allegedly grabbed her and threw her to floor. During the violent struggle that
followed, Flavell allegedly slammed the victim’s head against the floor and punched
her in the face as she screamed and fought against him. Flavell then allegedly started
to strangle the victim and put his knee on her chest before tearing at the front of her
pants, ripping off both buttons and pulling the zipper down. He allegedly covered
the woman’s mouth with his hand while she continued to scream and attempted to
get out of the bathroom. Flavell is said to have pulled the victim away from the door,
throwing her against an opposite wall, pulling her hair, and ripping the back of her
pants as she again attempted to escape from his grip.
The victim was finally able to break free from Flavell and ran out of the restroom
into a hallway, where witnesses saw her covered in blood.
The defendant exited the bathroom and tried to walk away from the area. A
Massachusetts General Hospital security guard alerted to the assailant’s location
immediately detained him. Hospital personnel observed that Flavell’s pants zipper
was down and that he had blood on his shirt and pants. They brought him to a
secure area where the victim was able to identify him as her attacker.
Boston Police sexual assault detectives responded to the hospital to seal the crime
scene and interview the victim and Flavell. Detectives observed blood on the floor
and walls of the women’s bathroom, as well as the buttons from the victim’s pants
on the floor. Police also located and seized the handwritten sign that had been taped
to the door.
The victim, who sustained serious but not life-threatening injuries, was escorted to
the hospital’s emergency room for examination and treatment.
Flavell is represented by attorney Neil Madden. Anne Kelley-McCarthy is the victimwitness advocate. Nov. 24, 2009: EAST BOSTON MAN CHARGED IN THEFTS FROM
WINTHROP CHURCH
Not content with allegedly taking more than $10,000 for work his masonry company
never performed, an East Boston man allegedly stole $20,000 more from a Winthrop
church using blank checks taken from the rectory, Suffolk County District Attorney
Daniel F. Conley said today.
MICHAEL BOCCHINO (D.O.B. 1/4/59) of East Boston was arraigned Nov. 18 on two
counts of larceny over $250, one count of larceny under $250, and two counts of
uttering a false check. Assistant District Attorney Jennifer OKeefe recommended
that he be held on $5,000 cash bail; East Boston District Court Judge Roberto
Ronquillo, Jr., released him on $1,000 personal surety, meaning that he could be
financially liable for that amount if he does not appear for scheduled court dates.
In late 2008, Conley said, Bocchino allegedly contracted with the Holy Rosary
Church to perform masonry work on the parish’s Shirley Street building.
Throughout November and December of that year and continuing into 2009, the
church paid him more than $10,000, but the work was never completed.
In the course of normal banking, Holy Rosary officials realized that more than a
dozen other checks had been stolen, apparently from the church rectory. Those
checks were made payable to Bocchino and, in some cases, the employees of his
company, Bocchino Masonry. The total amount stolen is believed to be upward of
$30,000.
Church officials brought this information to Winthrop Police, who made contact
with the bank at which the checks had been cashed. Because many of the checks
were cashed in East Boston, Winthrop Police contacted Boston Police and notified
them of the alleged crimes in their jurisdiction. In the weeks and months that
followed, the two agencies undertook parallel financial investigations of the theft
and ultimately obtained criminal complaints in East Boston Municipal Court earlier
this month.
“The great majority of contractors are honest, hardworking men and women who do
the work they’re paid to do,” Conley said. “From time to time, though, we do see a
small number who either pose as workmen or use the props of their trade to
swindle unsuspecting consumers and homeowners. Targeting a church for this scam
– and apparently going so far as to steal checks – is just appalling.”
Bocchino is represented by attorney Janet MacNab. He is expected to return to court
on Dec. 21 for a pre-trial hearing, Conley said. Nov. 20, 2009: TRIAL BEGINS FOR
MAN ACCUSED OF KILLING, DISMEMBERING FATHER
On Oct. 25, 2006, 70-year-old Edward Lee obtained a Dorchester District Court
restraining order against his son, a Suffolk County homicide prosecutor told a
Superior Court jury today. Three days later, a Roxbury woman discovered his
severed head and limbs in her back yard.
It was Edward Lee’s son, BRIAN LEE (D.O.B. 9/14/63), who beat the man to death in
the victim’s Hollingsworth Street home, mutilated his body with a power saw, and
dumped portions of his remains in the Homestead Street compost barrels, said
Assistant District Attorney Holly Broadbent. Brian Lee’s trial for first-degree murder
began today.
The elder Lee was “a quiet man who kept to himself,” Broadbent said during her
opening statement. “Occasionally, the defendant – his son – would live with him at
his residence.”
Neighbors heard the father and son argue and observed their “cold and distant
relationship,” but no one witnessed Edward Lee’s homicide, the prosecutor said.
That act went unseen, Broadbent told jurors. There would be no witnesses who
could describe the fatal beating, she said, but jurors would hear of the “gruesome,
horrifying, and yet calculating steps” Brian Lee took to cover his tracks.
On Oct. 27, Broadbent said, Lee was at his father’s house waiting for a garbage truck
to arrive “so he could dispose of the bloody sheets and bloody mattress” on which
he had dismembered the corpse.
On Oct. 28, he was seen walking into the back yard of a woman for whom he had
once done manual labor. He was carrying white plastic bags, the prosecutor said,
and was empty handed when he left.
The woman went into her back yard and opened the bags to see what Lee had
discarded.
“She found the severed remains of Edward Lee in her trash,” Broadbent said.
Lee is representing himself with the assistance of defense attorney Denise Regan.
Prosecution testimony is ongoing before Judge John C. Cratsley in courtroom 815.
The victim-witness advocate assigned to the case is Katherine Moran. Nov. 16, 2009:
EASTIE TEEN CHARGED IN DELIVERYMAN CARJACKING
An East Boston teen was charged with armed robbery and other offenses for
allegedly robbing a Revere pizza deliveryman of his car and cash Friday evening,
Suffolk County District Attorney Daniel F. Conley said today.
TOBY RYAN (D.O.B. 7/19/92) was arraigned today in Chelsea District Court on
charges of armed carjacking, armed robbery, unlawful possession of a firearm, and
assault and battery with a dangerous weapon. Ryan was additionally charged in East
Boston District Court with receiving a stolen motor vehicle after he was observed
allegedly running from the vehicle near his Vallar Road home about an hour later.
Assistant District Attorney Jennifer Lindade recommended that Ryan be held on
$100,000 cash bail on the carjacking, armed robbery, and gun charges; Chelsea
District Court Judge Benjamin Barnes set bail at $1,500. Assistant District Attorney
Jennifer OKeefe recommended that he be held on $10,000 on the receiving stolen
motor vehicle charge; East Boston District Court Judge Roberto Ronquillo, Jr., set
bail at $5,000.
Both prosecutors recommended that Ryan’s open bail on an unrelated shoplifting
case out of the Boston Municipal Court be revoked; neither judge adopted that
measure.
A 14-YEAR-OLD MALE from East Boston was also taken into custody in connection
with the incident but was not arraigned today. He is expected to be arraigned
tomorrow in the Juvenile Session of Chelsea District Court.
Revere Police responded to Sumner Street shortly after 6:30 Friday evening for a
report of an armed robbery. They spoke to the victim, a Domino’s Pizza
deliveryman, who stated that he had been robbed at gunpoint by two male
assailants estimated to be in their teens. The assailants, he said, demanded his cash
and his car keys. The victim provided the officers with a general description of each
assailant.
While at the scene, the officers were approached by a witness who claimed
knowledge of the incident. That witness told police that the assailants were named
“Toby” and “Macho,” and that both lived in an East Boston housing development.
Revere Police contacted Boston Police, who were familiar with a duo who matched
the names given by the witness and the descriptions given by the victims. Revere
Police also provided their Boston counterparts with the description and plate
number of the victim’s stolen Toyota Corolla.
At about 7:30 p.m., Boston Police observed the stolen car traveling in the area of
Vallar Road. The officers attempted to stop the vehicle, but its operator allegedly
sped off toward Waldemar Avenue before coming to an abrupt halt. Two occupants
dashed from the vehicle, briefly eluding the officers.
Officers familiar with the area and its residents travelled to the home of a 14-yearold male who used the nickname “Macho.” That youth’s mother said he was not at
home but was with a friend named “Toby.”
The officers then travelled to the home of Toby Ryan, with whom they were familiar
from previous encounters. Ryan was at his Vallar Road home, allegedly sweating
profusely but denying having left the apartment. He was taken into custody.
Other officers continued to search for “Macho,” the second assailant, ultimately
finding him in the lobby of a Waldemar Avenue building one street over. He was
taken into custody as well.
Ryan was represented by attorney Barrett. He will return to court on Dec. 15. Nov.
13, 2009: CONLEY DELIVERS $5k TO FIGHT TEENS’ EXPLOITATION
Suffolk County District Attorney Daniel F. Conley this week delivered $5,000 in
seized drug money to a program that works with girls to prevent commercial sexual
exploitation, shining a light on a crime he said “thrives in the shadows.”
Conley delivered the money on Nov. 12 to Lisa Goldblatt Grace and the My Life My
Choice Program, a non-profit service continuum operated by Justice Resource
Institute and aimed specifically at preventing teenage girls from being exploited
through prostitution. The funds will go toward deterring teens and young women
from entering “the Life” and build their skills as leaders to help their peers.
The presentation at the John W. McCormick Middle School was part of Conley’s
annual Asset Forfeiture Reinvestment Program, which delivers cash and assets
seized from drug traffickers to non-profit agencies in Boston, Chelsea, Revere, and
Winthrop.
“Research suggests that the average age of entry into prostitution is between 13 and
16 years old,” Conley said. “At that age, it’s not a choice – it’s an involuntary
recruitment by predators. Pimps target young girls whose families are unstable or
abusive and present them with a glamorous image of a life that will only hurt them.”
Since 2002, My Life My Choice has reached more than 500 girls and trained
thousands of service providers to recognize the signs of sexual exploitation,
intervene on behalf of its young victims, and act as mentors to those at risk. The
program and similar efforts prompted Conley to overhaul his office’s policies on
prostitution cases so that young defendants are treated as victims, not criminal
offenders.
“The prostitution of girls and young women thrives in the shadows,” Conley said.
“Once you confront the chilling reality that there are 300,000 children exploited
through prostitution in the U.S. alone, you have no moral choice but to fight it.”
Money distributed annually through the Asset Forfeiture Reinvestment Program
reflects a portion of drug dealers’ cash and assets seized by the Suffolk DA’s office,
State Police, and local law enforcement agencies during the past year. Massachusetts
law allows up to 10% of those monies to be redistributed to non-profit community
groups within the district attorney’s jurisdiction.
This year’s awards total $50,000, or $32,500 more than the funds distributed in the
first round of reinvestment grants 17 years ago. The program has been in existence
since 1992, when the awards totaled $17,500.
The annual grant application is available in June and awards are distributed to
eligible groups in the fall. Nov. 12, 2009: NO BAIL FOR MAN CHARGED WITH KA’CARLOS DOUBLE MURDER
A Dorchester man charged with shooting two men to death near a popular Uphams
Corner restaurant was ordered held without bail at his arraignment today in
Superior Court, District Attorney Daniel F. Conley said.
EMMANUEL PINA a.k.a. EMMANUEL DePINA (D.O.B. 4/25/83) is charged with two
counts of first-degree murder for the Aug. 2 shooting deaths of 20-year-old Jovany
Eason and 47-year-old Manuel Monteiro at the Ka’-Carlos Bar and Grill. Pina is also
charged with armed assault with intent to murder and assault and battery with a
dangerous weapon for the non-fatal shooting of a third man and unlawful
possession of a firearm.
Assistant District Attorney John Pappas of Conley’s Homicide Unit told the court that
Eason was at the restaurant with several friends early that morning and became
involved in a verbal altercation with one of Pina’s associates, SANDRO TAVARES
(D.O.B.12/25/83). Monteiro, a chef at Ka’-Carlos, had just finished his shift and
attempted to defuse the situation.
Despite Monteiro’s efforts, Pappas said, the altercation was rekindled in the area of
the men’s room a few minutes later. That altercation included Eason and one or
more of his associates on one side, and Pina and his associates on the other.
Eason left the men’s room, where Pina allegedly kicked and beat one of Eason’s
associates. Members of Pina’s group allegedly chased Eason out of the restaurant.
“Manuel Monteiro assisted in quelling the altercation and getting the combatants
out the door,” Pappas said. After they left, Monteiro walked out the front door
briefly before coming back inside. Once inside, Monteiro stood looking out one of
the Ka’- Carlos windows located near the front door.
Outside, Eason and an associate went to Eason’s car, which was parked on Hancock
Street. One of Pina’s associates allegedly confronted Eason, Pappas said.
It was at this point, the prosecutor said, that Tavares brandished a semi-automatic
handgun at Eason. When Tavares allegedly began to have difficulty with the gun,
Pina approached Tavares and took the handgun.
“Ignoring pleas of ‘Don’t shoot! Don’t Shoot!’, defendant Pina, his purpose clear and
now armed with defendant Tavares’s gun, pursued Jovany Eason from the middle of
Hancock Street toward Ka’-Carlos,” Pappas said. “Monteiro had taken up a fateful
position near the front door observing the drama unfold.”
When Pina allegedly began firing at his target, “a bullet meant for Eason shattered
the window and ripped through Monteiro’s chest,” Pappas said. Monteiro clutched
his chest and collapsed to the floor, where he died moments later.
Meanwhile, Pina continued chase Eason on foot across Hancock Street, onto Jerome
Street, and then onto Bird Street, where Eason collapsed and died of multiple
gunshot wounds allegedly inflicted by the defendant.
At about the same time, a third man, TIMOTHY SANTOS (D.O.B. 6/26/85), began to
exchange gunfire with Pina. During this third shooting, Pappas said, Santos fired his
.380 semiautomatic at Pina, who returned fire. After the exchange of gunfire, Santos
entered a vehicle and was driven to Boston Medical Center where he was treated for
a gunshot wound to his right leg.
Pappas said that Boston Police homicide detectives had recovered security and
surveillance footage from Ka’-Carlos and other locations that showed the scene
“before, during, and after” the incident and led to Pina’s identification as the
gunman.
“What is captured on that video,” Pappas said, “is a calculated and vicious response
to the earlier altercations where the defendant, having every opportunity to walk
away, turned the encounter deadly, callously indifferent to anyone’s well being.”
Santos has been indicted for unlawful possession of a firearm and armed assault
with intent to murder, and is expected to be arraigned in Suffolk Superior Court next
week. Tavares, who has not yet been apprehended, was indicted on murder and
firearm charges for his role in Eason’s and Monteiro’s homicides.
Pina was represented by attorney James Budreau. He will return to court on Jan. 7,
2010. Nov. 12, 2009: HIGH BAIL FOR 12 CHARGED IN STANHOPE STREET
BEATINGS
Seven funeral attendees charged with beating a Hyde Park man to death this
summer were held on half a million dollars’ cash bail and their five co-defendants
charged with beating three surviving victims were ordered held on lower bails at
their arraignments in Suffolk Superior Court today, District Attorney Daniel F.
Conley said.
The 12 defendants are charged with attacking four victims near the 33 Restaurant
and Lounge on Stanhope Street in the early morning hours of Aug. 21. One of those
victims, Jose Alicea of Hyde Park, was beaten so badly that he died of his injuries at
Massachusetts General Hospital two days later; the remaining three survived their
injuries.
Arraigned on charges of second-degree murder and held on $500,000 cash bail each
were:
1.
JASON BENALFEW (D.O.B. 11/13/82), a.k.a. “JD,” of Lynn, represented by
attorney Eric Jarosz;
2.
JUSTIN COOKE (D.O.B. 1/17/84), a.k.a. “GD,” of Lynn, represented by
attorney Gary Zerola;
3.
JONATHAN FERNANDEZ (D.O.B. 12/24/85) of Lynn, represented by attorney
James Budreau;
4.
JOHAN GARCIA (D.O.B. 11/24/80) of Lynn, represented by attorney Timothy
Bradl;
5.
RUSKYN GARCIA (D.O.B. 5/21/84) of Lynn, represented by attorney Mark
Meehan;
6.
ANTHONY VILLALOBOS (D.O.B. 12/29/87), a.k.a. “Pretty Ricky,” of Revere,
represented by attorney Francisco Napolitano; and
7.
MICHAEL WELCH (D.O.B. 5/17/82) of Lynn, represented by attorney Russell
Sobelman.
Those seven defendants were additionally arraigned on three separate counts of
assault and battery and two separate counts of assault and battery with a dangerous
weapon – a shod foot – for nonfatal injuries inflicted upon three of Alicea’s friends.
Also arraigned today were five defendants who are not charged with Alicea’s
homicide but who are charged with kicking and/or beating two of the surviving
victims:
8.
RAMONA BERROA (D.O.B. 5/3/81), a.k.a. “Munchie,” of Lynn, represented by
attorney Hodges Brown, Jr.;
9.
JOSE CASTRO (D.O.B. 8/19/87), a.k.a. “Bernie,” of Lynn, represented by
attorney Michael Doolin;
10.
JORGE ENCARNACION (D.O.B. 8/9/83) of Lynn, represented by attorney
Martin Leppo;
11.
MIGUEL FLAQUER (D.O.B. 11/1/83), a.k.a. “Chino,” of Malden, represented by
attorney Benjamin Brooks; and
12.
RAMON GONZALES LLAVONA (D.O.B. 8/6/71), a.k.a. FRANK MARTINEZ,
a.k.a. “Mac,” of Lynn, represented by attorney Bradford Keene.
Of those five, all but Llavona were held on $50,000 cash bail. Llavona, who gave
police an alias at the time of his arrest and had a pending Essex County drug case,
was held on $75,000.
“On Aug. 21, 2009, shortly after 2:00 a.m., a large group of men dressed
predominately in black and red tuxedoes chased and beat to death a 22-year-old
man named Jose ‘Danny’ Alicea,” Assistant District Attorney Cory Flashner told Clerk
Magistrate Gary D. Wilson.
Calling the incident “a shocking and vicious gang assault,” Flashner said the suspects
were part of a larger group of 20 to 30 men and women that had attended the
funeral of a friend in Lynn earlier on Aug. 20 before heading into Boston in a pair of
white limousines. They ended up at the 33 Restaurant and Lounge on Stanhope
Street.
“Unfortunately, Jose ‘Danny’ Alicea made the decision to go to the same club with his
friends,” Flashner said. Flashner told the court that the two groups were unknown
to one another until they crossed paths that night and early morning, and said there
had been no trouble inside the club.
At about 2:00, the prosecutor said, the bar began to close and patrons were leaving.
Outside, the suspects and victims engaged in some sort of exchange that was
captured on surveillance video.
“What was said is unclear,” Flashner said, “but this was clearly not a friendly
conversation.”
In the moments that followed, several individuals charged toward Alicea and his
friends, who began to run away. One or more of the assailants threw bottles at them
before “swarming them” and inflicting “massive and severe injuries.” One of Alicea’s
friends tried to get away but was chased and attacked by a second group of
assailants.
The assailants made their way back to the limousines, but were prevented from
leaving by responding Boston Police. A total of 25 people were detained at the
scene; after identification procedures were undertaken, 13 were released and 12
were taken into custody on charges of aggravated assault and battery.
Alicea was transported to the hospital and died of his injuries on Aug. 24. In the
weeks that followed, evidence presented to the Suffolk County Grand Jury indicated
that seven of the assailants took part in the beating that claimed his life and injured
his friends, while five took part in the beatings of two surviving victims.
All 12 face trial in Suffolk Superior Court on Nov. 8, 2010; they will return to court
on Dec. 17. Nov. 11, 2009: FATAL BEATING LEADS TO SEVEN MURDER
INDICTMENTS
The Suffolk County Special Grand Jury this week returned indictments charging 12
men with a total of 57 offenses, including seven counts of second-degree murder, for
the beatings of four men outside a downtown bar this summer, District Attorney
Daniel F. Conley announced today.
The 11-week investigation by the Suffolk DA’s and Boston Police Department’s
homicide units identified seven suspects in the fatal beating of 30-year-old Jose
Alicea on Stanhope Street in the early morning hours of Aug. 20. Evidence developed
in that investigation indicates that those men and five others also beat three
surviving victims during the same incident.
The indictments, returned Monday, charge the following defendants with seconddegree murder for allegedly taking part in the group beating that claimed the Hyde
Park man’s life:
1.
JASON BENALFEW (D.O.B. 11/13/82), a.k.a. “JD,” of Lynn;
2.
JUSTIN COOKE (D.O.B. 1/17/84), a.k.a. “GD,” of Lynn;
3.
JONATHAN FERNANDEZ (D.O.B. 12/24/85) of Lynn;
4.
JOHAN GARCIA (D.O.B. 11/24/80) of Lynn,
5.
RUSKYN GARCIA (D.O.B. 5/21/84) of Lynn,
6. ANTHONY VILLALOBOS (D.O.B. 12/29/87), a.k.a. “Pretty Ricky,” of Revere; and
7.
MICHAEL WELCH (D.O.B. 5/17/82) of Lynn.
Those seven defendants were additionally indicted on three separate counts of
assault and battery and two separate counts of assault and battery with a dangerous
weapon – a shod foot – for injuries inflicted upon three surviving victims who were
friendly with Alicea.
Also indicted were five defendants who are not charged with Alicea’s homicide but
who are charged with kicking and/or beating two of the surviving victims:
8.
RAMONA BERROA (D.O.B. 5/3/81), a.k.a. “Munchie,” of Lynn;
9.
JOSE CASTRO (D.O.B. 8/19/87), a.k.a. “Bernie,” of Lynn;
10.
JORGE ENCARNACION (D.O.B. 8/9/83) of Lynn;
11.
MIGUEL FLAQUER (D.O.B. 11/1/83), a.k.a. “Chino,” of Malden; and
12.
RAMON GONZALES LLAVONA (D.O.B. 8/6/71), a.k.a. FRANK MARTINEZ,
a.k.a. “Mac,” of Lynn.
Prosecutors allege that the defendants were part of a group at the 33 Restaurant
and Lounge on Stanhope Street after taking part in a friend’s funeral in Lynn. Many
of the defendants were wearing matching black tuxedoes with red vests. Also at the
club were Alicea and three of his friends. There had been no trouble inside the
establishment.
Shortly after 2:00 a.m., as the club closed and patrons moved out to the street, Alicia
spoke with members of the defendants’ group. That conversation became heated,
prosecutors say, with members of the two groups swearing at one another.
The defendants’ group then set upon Alicea and his friends, prosecutors say, kicking
and beating them before attempting to flee the scene. Alicea was most badly hurt
and was transported to Massachusetts General Hospital with severe head trauma.
He died of his injuries two days later.
Boston Police officers responded rapidly to the scene and were directed to two
white limousines in which the defendants and others were seated. Individuals were
brought out one at a time; witnesses identified those they’d seen taking part in the
attack.
In addition to those witnesses’ statements, investigators gathered surveillance
images and other corroborating evidence as they built the case behind the closed
doors of the Special Grand Jury.
All the defendants have been in custody since shortly after the incident. Their
arraignments have been scheduled for tomorrow morning in the Magistrate’s
Session of Suffolk Superior Court. Nov. 10, 2009: MILLION-DOLLAR BAIL FOR MAN
WHO ALLEGEDLY ROBBED CAB COMPANY WHILE ON PAROLE
A twice-convicted killer was held on high bail today at his arraignment on charges
that he robbed a Boston cab company two months after he was paroled, Suffolk
County District Attorney Daniel F. Conley said today.
In addition to the $1 million dollars’ cash bail set by Boston Municipal Court Judge
Sally Kelly, GERALD HILL (D.O.B. 11/2/62) was also held on a parole detainer,
meaning that he will remain behind bars even if he posts bail.
Hill is charged with armed robbery, assault and battery with a dangerous weapon,
assault with a dangerous weapon, and a litany of firearms-related offenses, all
incurred when he allegedly took part in the armed robbery of the Boston Cab
Company dispatch center in the Fenway yesterday morning.
Assistant District Attorney Mark Hallal, chief of Conley’s Senior Trial Unit, told the
court that Hill and an unidentified associate entered the cab company’s Kilmarnock
Street office at about 9:50 yesterday morning after arriving in a white Honda Accord
that had been stolen in Newton on Nov. 5.
The assailants brandished firearms, Hallal said, and told an employee not to move.
One of the assailants struck the employee in the head with his gun and forced him
into a back room where other employees were counting money.
While holding the employees at gunpoint, Hill and his confederate allegedly stuffed
the money into bags and fled the scene. When they found their getaway car blocked
by a truck, Hallal said, one of them pointed a gun at the driver and told him to move.
The men left the scene in the Honda and abandoned it near Boylston and Ipswich
streets. A Boston Police officer working a paid detail nearby heard the radio call for
an armed robbery responded to the area, saw a man matching the general
description of one of the assailants get into a cab with two bags, and followed the
vehicle with other officers.
The detail officer stopped the taxi on Charlesgate East and approached. He allegedly
saw Hill move his arm toward his waistband. The officer notified his fellow officers
that there was a gun in the vehicle. The officers raised their duty weapons and
ordered Hill to drop his firearm, which Hill did.
The officers removed Hill from the taxi. From within, they recovered two bags full of
cash, a pair of .38 caliber revolvers, and five zip ties.
Hallal told the court that Hill had previously been convicted of two homicides. Hill
was found guilty of the Oct. 22, 1977, stabbing death of Leo Murphy in Boston’s
South End as well as the Feb. 10, 1978, shooting death of Max Fishman in West
Roxbury, which took place while Hill was free on bail in the earlier homicide.
He was paroled on Sept. 3 of this year. Suffolk prosecutors had repeatedly argued
against his early release.
Conley said the investigation into the identity of Hill’s armed robbery accomplice
remains very active and urged anyone with knowledge of the incident to contact
Boston Police at 1-800-494-TIPS.
Hill is represented by attorney Greg St. Cyr. He will return to court on Dec. 4. Nov. 9,
2009: DORCHESTER MAN CHARGED AS ACCESSORY TO ALLSTON HOMICIDE
A Dorchester man’s bail on an open case was revoked and an additional bail was set
at $200,000 at his arraignment today as an accessory after the fact to the murder of
24-year-old Gregory Phillips, Suffolk County District Attorney Daniel F. Conley said.
Brighton District Court Judge David T. Donnelly revoked COREY PATTERSON’s bail
on an unrelated drug and assault case out of Roxbury court, meaning that he will be
held even if he posts the high bail set on the accessory charge today, Conley said.
Patterson was also charged with three counts each of assault and battery on a police
officer and assault and battery with a dangerous weapon – a shod foot.
Assistant District Attorney Paul Treseler said that Patterson (D.O.B. 11/5/86) was
arrested just minutes after Phillips was stabbed once in the heart, killing him, during
an altercation near the intersection of Harvard and Brighton avenues in Allston
shortly before 2:30 Sunday morning.
Treseler said the altercation was between two groups that had just left a Brighton
Avenue bar. As the altercation became physical, the combatants went around the
corner onto Harvard Avenue. Phillips, a West Roxbury resident, was stabbed during
that fight.
In the immediate aftermath of the stabbing, civilian witnesses uninvolved in the
altercation “heard a metal object hit the ground” near a vehicle parked on Harvard
Avenue.
“That object turned out to be a knife,” Treseler said. “That knife turned out to have
blood on it.”
A short time later, Treseler said, witnesses saw a man exit a 2000 Lincoln sedan,
pick up that knife, and re-enter the car. The vehicle began to drive away but was
slowed by heavy traffic and pedestrian activity. Witnesses directed responding
Boston Police officers’ attention to the Lincoln, and officers attempted to empty the
car.
Patterson allegedly became extremely combative when officers ordered him out of
the car. He allegedly refused to relinquish the knife in his possession and allegedly
punched and kicked the officers as he was removed from the Lincoln.
The knife is being forensically tested, Treseler said. The Lincoln was towed from the
scene.
“The investigation is focused and very active,” Conley said. “Still, if anyone present at
or near the incident has information they haven’t yet shared with police, we urge
them to call the Boston Police CrimeStoppers tip line at 1-800-494-TIPS.”
Patterson was represented by attorney Harold Hakala. He will return to court on
Dec. 18. Nov. 6, 2009: ALLEGED SERIAL GROPER CHARGED IN FOUR SUBWAY
ASSAULTS
An Everett man has been identified as the person who groped at least four women
on Boston subway cars in the past six months, Suffolk County District Attorney
Daniel F. Conley said today.
HUGO HERNANDEZ (D.O.B. 3/22/87) was arraigned this morning in the Boston
Municipal Court on four counts of indecent assault and battery. Assistant District
Attorney Patrick Devlin recommended that he be held on $25,000 cash bail; Judge
Michael Coyne, noting that Hernandez is the subject of an immigration detainer, set
bail at $2,000 on each count, for a total of $8,000. Coyne further ordered Hernandez
to stay away from all MBTA stations and conveyances if he posts bail and to check in
weekly with the Department of Probation.
“Young or old, male or female, everyone has the right to ride the subway without
being grabbed or groped,” Conley said. “If you see that behavior or if you’re
subjected to it, then don’t hesitate to contact Transit Police at 617-222-1212. Time
and again, victim reports have taken suspects off the streets and out of the subway.”
The charges against Hernandez arise out of an extensive, seven-month investigation
by members of the MBTA Transit Police that began when two separate adult women
reported that a man had groped them on an Orange Line train on April 28.
Both women were assaulted while traveling northbound on the Orange Line during
the late afternoon. One of them used her cell phone camera to photograph the
assailant; she later provided that photo to responding Transit Police officers.
Two other women reported similar incidents, one on the evening of Sept. 10 while
traveling southbound on the Red Line and the other on the evening of Oct. 19 while
traveling northbound on the Orange Line. All four provided similar descriptions of
the assailant.
Based on identifications by each of the victims and other corroborating evidence
developed by Transit Police, Hernandez was taken into custody late on Nov. 4 at the
Sullivan Square Orange Line station.
Hernandez is represented by attorney Patrick Murphy. He will return to court on
Dec. 3 for a pre-trial conference. Nov. 5, 2009: VICTIM ADVOCATES’ TOY DRIVE
BRINGS BOUNTY TO ABUSED KIDS
In an effort to replenish a nearly barren interview site, Suffolk County District
Attorney Daniel F. Conley’s victim witness advocates delivered more than a hundred
toys, books, and games to the site where child victims of violence meet with
prosecutors.
Members of Conley’s Victim Witness Assistance Program undertook the “Smiles for
Suffolk” toy drive to restock the waiting and interview areas of the office’s Child
Protection Unit late last month. In about two weeks, they bought and accepted as
gifts dozens of stuffed animals, puzzles, picture books, and other items.
Child victims of physical and sexual violence are interviewed in a room specially
wired so that police and prosecutors can monitor their interactions with a certified
forensic interviewer. The process minimizes the number of times a young victim
must talk about the abuse, but it can also be extremely intense; a well-stocked
waiting area can help to distract them from their worries leading up to the
interview. Victimized children’s siblings must sometimes wait outside during the
interview, and children are sometimes left to wait while parents meet with
investigators outside their presence.
“Our victim advocates are some of the kindest, most compassionate people in public
service or any other field,” Conley said. “At a time when the budget outlook has
never been bleaker, they took it upon themselves to ensure that the most innocent
victims of all found something to smile about. I couldn’t be more proud of them –
they’re the unsung heroes of our justice system.”
Under Massachusetts law, prosecutors’ offices are responsible for providing services
to crime victims, but they receive no additional funding to fulfill that mandate. As a
result, many of their day-to-day efforts are paid for out of their own pockets.
Because of budget reductions, the number of Suffolk victim witness advocates has
been cut by about 10% this year alone. There are presently just 32 Suffolk VWAs
assigned to more than 4500 cases, down from 36 VWAs 18 months ago and 43 eight
years ago.
The most recent toy drive ended on Oct. 23. The next is tentatively scheduled for
early spring of 2010. For more information about how to make a donation to Smiles
for Suffolk please contact Jacquelyn Lamont, deputy chief of the Victim Witness
Assistance Program, at 617-619-4290.
Nov. 4, 2009: DRUG TRAFFICKER GETS 15-17 FOR BUST IN VACANT APARTMENT
As Boston Police detectives closed in on his base of operations, a Dorchester drug
dealer tossed his 9mm handgun out the window, only to have it land on a Boston
Police car before bouncing onto the ground, Suffolk County District Attorney Daniel
F. Conley said in announcing the man’s conviction.
JOEL “NINETY” CLAY (D.O.B. 1/7/74) will serve up to 17 years in state prison for
operating a crack cocaine enterprise from a vacant Sturbridge Street apartment,
Conley said. Clay was convicted last week of trafficking in more than 200 grams of a
Class B substance, unlawful possession of a firearm, and unlawful possession of
ammunition.
Suffolk Superior Court Judge John Cratsley on Friday sentenced Clay to a term of 15
to 17 years at the Massachusetts Correctional Institution at Cedar Junction.
“This was a case of guns and drugs,” Conley said. “It was a case of a man who put
lives and safety at risk by running a drug operation and keeping a loaded,
unregistered handgun to protect that operation – all inside a residential building.”
Assistant District Attorney Christine Walsh proved at trial that Clay used a vacant
apartment at 43 Sturbridge St. to store more than 450 grams of crack cocaine in one
bag, 14 smaller bags of crack cocaine prepared for individual sale, $1,000 in cash, a
digital scale, three laptop computers, and four cell phones.
Members of the Boston Police B-2 and C-11 drug control units approached the
apartment on April 18, 2008, after receiving information that Clay, a suspected high
level drug dealer, would be inside. The officers also knew that local utility records
listed the apartment as vacant. As they announced their presence, they heard the
sound of running and breaking glass from within and entered.
Officers entered the apartment to find Clay bleeding profusely from his wrist. The
officers also observed a broken window and, on the ground outside below it, a
firearm and loaded magazine. The officers froze the apartment pending the issuance
of a search warrant and subsequently recovered the large bag of cocaine from a safe
that also contained drug packaging equipment, a BB gun, jewelry, and Clay’s bank
card. Outside the safe were the smaller packages of cocaine, computers, phones, and
Clay’s phone bill.
Later the same day, Boston Police executed a separate warrant on an apartment at
72 Florida St. The officers made a peaceful entry and spoke with Clay’s sister, who
directed them to her bedroom. Inside that bedroom was a second safe containing a
second loaded handgun, an additional 500 grams of crack cocaine, another scale,
and personal papers that included Clay’s birth certificate. Also recovered were two
bullet-resistant vests and two holsters.
Walsh introduced that evidence at Clay’s trial, as well; the jury acquitted Clay of
possessing the drugs, the gun, and the ammunition.
Clay was represented by attorney Michael Roitman. Nov. 3, 2009: HIGH BAIL FOR
MAN WHO ALLEGEDLY ATTACKED WOMAN, STOLE HER PURSE
A 48-year-old man who allegedly attacked a 61-year-old woman last night in
downtown Boston, stole her purse and attempted to steal her car at knifepoint, was
arraigned in Boston Municipal Court today and held on high bail, Suffolk County
District Attorney Daniel F. Conley announced.
RICHARD E. MORSE (D.O.B. 12/23/60) of Boston was held on $150,000 cash bail at
his arraignment on charges of kidnapping, carjacking, armed robbery, assault with a
dangerous weapon, assault and battery with a dangerous weapon, attempt to
commit a crime, and carrying a dangerous weapon.
“The victim in this case was simply getting into her car after a visit with a family
member when she was violently attacked and robbed,” Conley said. “Were it not for
the brave response of two civilians who came to the woman’s aid, and the rapid
response of police officers, this attack could have been much, much worse. I
commend their combined efforts to identify and apprehend the perpetrator of these
alleged crimes.”
Assistant District Attorney Gregory Henning told the court that the victim, who lives
in Auburn, was in town to visit a relative. At about 7:30 p.m., the victim was waiting
for a valet at 45 Province St. to bring her Nissan sedan to the street. He dropped off
the car and the victim got in. As she was about to close the diver’s side door,
Henning said, “the defendant entered the motor vehicle by force, and pushed [the
victim] into the passenger’s seat.” Alarmed, the victim began screaming. The victim
told police that the defendant punched her in the face before pulling out a knife,
later identified as an M-Tech with a four-inch black blade and no handle.
“The defendant pulled the knife, threatened her, swung it in her direction and cut
her hand,” Henning said. Morse then “ordered the victim out of the car and
attempted to drive away,” he said, but the defendant was unable to start the car.
Hearing the victim’s screams, a valet at the 45 Province St. location ran over to help
the victim and attempted to remove the defendant from the vehicle. In response, the
defendant “took the knife and threatened the valet,” Henning said. Morse then
allegedly grabbed the female victim’s purse and fled towards Washington Street. As
he ran past the valet parking area at 1 Devonshire Towers and down Quaker Lane,
he allegedly entered an unoccupied red Volkswagen Jetta, but exited when the first
valet, who had given chase, approached the vehicle.
A second valet, stationed near Devonshire Street, observed the defendant running
with what looked like a woman’s purse and flagged down a Boston Police officer to
alert him to the defendant’s location and provide him with a physical description.
Together, the second valet and the police officer chased Morse onto Congress Street,
where the officer was able to see what appeared to be the strap of a purse hanging
down from Morse’s sweatshirt.
Observing a knife in the defendant’s hand, the police officer ordered Morse to drop
the weapon; Morse was subsequently taken into custody and identified by the
victim as her attacker.
The female victim was treated for her injuries on the scene and released.
Morse was represented by attorney Edward Principe, and is expected to return to
court on December 21. Nov. 2, 2009: 100k BAIL FOR WITNESS WHO ALLEGEDLY
LIED ABOUT STREET WORKER’S SHOOTING
A Roxbury man who allegedly lied to the grand jury investigating a Boston street
worker’s near-fatal shooting was held on high bail following his arraignment this
morning on a perjury charge, Suffolk County District attorney Daniel F. Conley said
today.
TYRONE ANDERSON (D.O.B. 11/22/84) was arraigned in Suffolk Superior Court on
a single count of perjury for statements he allegedly made to the Suffolk County
Grand Jury as it heard testimony about the shooting of a 30-year-old outreach
worker on the night of Aug. 21. Assistant District Attorney Daniel Mulhern, the chief
of Conley’s Gang Unit, recommended that he be held on $100,000; Clerk Magistrate
Gary D. Wilson set bail in that amount.
“The stubborn refusal to speak the truth, whether at trial or in the grand jury, allows
violent offenders to go free,” Conley said. “It perpetuates the cycle of violence and
retaliation and we do not tolerate it.”
Mulhern told the court that the shooting victim suffered a gunshot wound to the
back of his head inside a motor vehicle as he and others prepared to go to a concert.
He was off-duty at the time of the shooting, Mulhern said, and is not believed to have
been the intended target.
Mulhern said that Anderson was subpoenaed to give testimony to the grand jury
investigating the shooting after he was identified as a passenger in the vehicle.
Instead, Mulhern said, Anderson “lied about a number of the facts and refused to
provide information on the shooting.”
Anderson was indicted on Sept. 11 and evaded members of the Boston Police
Fugitive Apprehension Unit until Friday, when he was arrested.
The alleged gunman, DOMENIC HALL (D.O.B. 10/12/83) of Roxbury, was arrested
Oct. 20 and has been charged with attempted murder and other offenses. He is
currently being held on a quarter-million dollars’ cash bail.
Jessica Sheehan of Conley’s Victim Witness Protection Program is assigned to the
case. Anderson was represented today by attorney Richard Cutter. They will return
to Cuffolk Superior Court on Nov. 13. Nov. 2, 2009: PROSECUTORS: INSUFFICIENT
EVIDENCE TO PROCEED IN RAPE ALLEGATION
The Suffolk County District Attorney’s office today released the following statement
on allegations of sexual abuse by a Boston Police officer against another Boston
Police officer:
“For the past six weeks, Boston Police detectives and Suffolk County prosecutors
conducted a comprehensive investigation of a report by a female Boston Police
officer that she was repeatedly sexually assaulted by a male colleague in August and
September of this year, and that one or more of those assaults took place in Boston.
“In the course of that investigation, Boston Police detectives have interviewed more
than two dozen witnesses and have gathered telephone records, hotel records, text
messages, other personal records, and testimony from restraining order hearings in
the Dorchester District Court.
After a thorough review of the evidence and the law, Suffolk prosecutors have
concluded that the evidence in the case does not support a criminal prosecution. As
a result, no criminal charges will be forthcoming in Suffolk County. The Boston
Police Department’s Internal Affairs Division continues its administrative review of
the matter to determine if there was any violation of police department rules and
regulations. Nov. 2, 2009: SEX OFFENDER NABBED FOR TRESPASSING AT
DOWNTOWN HOSPITAL
A Level III sex offender was charged with trespassing and other offenses this
morning after he was arrested at Massachusetts General Hospital yesterday, Suffolk
County District Attorney Daniel F. Conley said.
FRANCIS PELOSI (D.O.B. 9/23/53) of Boston was held on $1,000 cash bail today at
his Boston Municipal Court arraignment for trespassing, disorderly conduct, threats
to commit a crime, possession of a Class E substance, and larceny under $250.
Assistant District Attorney Patrick Devlin recommended that his open bail for failing
to register as a sex offender be revoked; Judge Edward Redd denied that request.
Pelosi was arrested shortly before 7:00 yesterday evening after refusing to leave the
hospital’s emergency department. Boston Police were dispatched to the scene to
assist MGH Police in removing him from the premises.
Hospital staff also reported to police that Pelosi stated he would kill the chief of the
Chelsea Police Department; a former Chelsea Police chief is employed in a security
position within the hospital.
Pelosi had been locked in a hospital men’s room for about 10 minutes when Boston
Police arrived at the scene. Next to his suitcase outside the restroom were a pair of
hospital scrubs and a pair of hospital signs for the social work, psychiatry, and
behavioral health departments.
After an additional seven or eight minutes, the officers forced their way into the
restroom and ordered Pelosi to wash his hands and leave. Instead, Pelosi allegedly
began to pack and unpack his suitcase while verbally abusing the officers.
After being escorted from the building with multiple warnings to leave or be
arrested, Pelosi allegedly called the officers a group of “losers” and tried once more
to enter the hospital. About 45 minutes of unsuccessful negotiations, police arrested
him.
During a search of his property, authorities recovered a bottle of MGH hydrogen
peroxide, a small baggie of marijuana, and approximately 250 pills of various types.
Pelosi was represented by attorney Steven Kim. He will return to court on Nov. 19.