In a very rare victory for the defense bar, the Massachusetts Supreme Judicial Court recently ruled that police officers can no longer testify that a defendant’s level of intoxication impaired his driving. Now, an officer can only offer his opinion on how drunk a defendant appeared to be. Allowing opinion testimony on how the defendant’s driving was impaired, as it has been for years, essentially permitted police officers to make the decision for the jury by stating, “yes, he was under the … [Read more...]
Another Instance of Prosecutorial Misconduct
Massachusetts Criminal Defense Attorney Kevin J. Mahoney on Police as Victims of Prosecutorial MisconductProsecutors are obligated to pursue a just verdict and to do so fairly. Too infrequently, prosecutors are mindful of their ethical obligations. Massachusetts criminal defense attorneys are tasked with protecting clients from unethical prosecutors and dishonest police officers. In rare instances, district attorneys actually use unethical tactics against the police. In September, a U.S. … [Read more...]
Double Jeopardy for Amanda Knox
Massachusetts Criminal Defense Lawyer Kevin J. Mahoney on Amanda Knox: Prosecution or Persecution?Amanda Knox had been an awkward, overweight kid with acne before her trip to Italy, a recent article in Rolling Stone reports. She never dated until age 19. Yet one is to believe that a few short months after her arrival in Perugia, she had slipped into drug addiction, enthusiastically engaged in bizarre sex acts, and committed a depraved murder. According to Italian prosecutors, it was when her … [Read more...]
The Militarization of Police Departments and Police Brutality
A Massachusetts Criminal Defense Attorney on Police Brutality and Preferences for Ex-MilitaryWith the increasing militarization of local and state police departments, and corresponding instances of police brutality, as a nation, it is time for us to reconsider how we select and train police officers. Today, veterans of the military enjoy an enormous advantage over other police academy applicants. Many, if not most, of these ex-military recruits become police officers because of the similar … [Read more...]
Aaron Hernandez in a Tight Spot
Massachusetts Criminal Defense Lawyer, Kevin J. Mahoney’s, Analysis of Aaron Hernandez Murder ChargesWhen Boston police officers responded on July 15, 2012 to a report of a shooting, the discovered three individuals suffering from gunshot wounds. Two of the victims, Daniel Jorge Correia de Abreu and Safiro Teixeira Furtado, both immigrants from Cape Verdean, were pronounced dead at the scene. A third victim in the car that was shot at was injured but has never been identified. Police speculated … [Read more...]
Assistant U.S. Attorney Hiding Evidence — Again
A Massachusetts Criminal Defense Lawyer on Prosecutorial Misconduct Even though each year media reports suggest that crime is diminishing, Americans are becoming more willing to relinquish liberties for the sake of security—including the rights of the accused. Hence, acts which diminish those liberties can occur without raising general alarm with the public, such as that of a Miami federal prosecutor who has been exposed for practices of prosecutorial misconduct. A Massachusetts Criminal … [Read more...]
Jodi Arias’ Murder Trial
Boston, Massachusetts Criminal Defense Attorney Kevin J. Mahoney's Commentary on Jodi Arias TrialThe sensational 2008 murder of Travis Alexander created the usual media circus. The defendant in the case is his ex-girlfriend, Jodi Arias. Alexander’s body was discovered in his shower with approximately 30 stab wounds, a slashed throat, and a gunshot wound to the head. The case has enthralled the public with its romance, betrayal, and violence, to such a degree that a movie is already in the works. … [Read more...]
More Tax Money Up in Smoke
Massachusetts Criminal Defense Attorney Kevin J. Mahoney: When State Lawmakers Run out of Ideas, They Simply Tax Few would argue that smoking is hazardous to one’s health. Certainly the better awareness we have these days of the dangers of tobacco is evident by the fact that only 22% of Americans smoke today, down from an all-time high of 45% in the mid-1950s. But is an increase in the cigarette tax for Massachusetts residents really a means of motivating those remaining smokers to quit, or is … [Read more...]
NSA Shares Phone Data with DEA
Massachusetts Criminal Defense Lawyer Kevin J. Mahoney on NSA Data CollectionThe Sons of Liberty, 240 years ago, boarded three East India Company merchant ships and dumped the cargo overboard into Boston Harbor. This was one of the culminating events leading up to the Revolution. So determined were the colonists to live free of oppressive, intrusive, and abusive government, they risked their lives to win their freedom. The Founding Fathers, concerned that any form of government would, over time, … [Read more...]
Prosecutorial Misconduct in Zimmerman Case
Massachusetts criminal defense attorneyMassachusetts Criminal Defense Attorney Kevin J. Mahoney: When Overreaching Zealots Threaten JusticeThe role of prosecutors, as Supreme Court Justice Edward Douglass White put it, is “to convict the guilty and make sure they do not convict the innocent.” All too often prosecutors can see only guilt, disregarding inconsistent witness statements, factual inaccuracies, and exculpatory evidence. It is this pathology that drives their thirst for conviction, to … [Read more...]
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