Police Seek Dorchester Burglary Suspect Who’s Phone May Turn Him In - Attorney Sam’s Take

An unnamed gentleman was apparently going about his business in Dorchester Monday. Said business is known as "home invasion".

The break-in was on Beaumont Street and took place on Monday morning while the occupants were out. One was at work and the other...coincidentally enough...was on jury duty

The burglar took an awful lot of stuff, including all the electronics that he could find. This would include a laptop computer, television set and Nintendo Wii game system as well as other goods. The rooms were found, according to police, . “in disarray, draws (sic) opened, closets opened, items ransacked.”

However, the mystery thief apparently left a gift behind.

His blackberry cell phone. It was found on the bathroom floor. Near the broken window.

As a result of the helpful device, a warrant has issued for the arrest of the mysterious gentleman.

A mailman also told investigators that he saw two suspects climb into a white vehicle with “a loud engine” and take off. Another witness told police she saw two men carry a large object down the driveway and put it into what looked like a white hatchback.

While the phone is aiding law enforcement in tracking down one of the alleged suspects, the police may have to rely on eye witness identification to charge the second man.

As an experienced Boston defense attorney, I have handled many cases wherein the government’s case involves either eyewitness testimony or circumstantial evidence. Each type of evidence brings about its own strengths and weaknesses.

The cell phone has apparently already helped the Commonwealth arrive at a chief suspect, namely, the owner of that phone. However, the fact that said phone was left at the scene of the crime and was not there when the occupants left earlier in the morning is not conclusive of the issue of whether the owner was either one of the burglars or even at the scene of the crime. Perhaps the owner had previously been robbed of his cell phone. Perhaps it had been taken by someone who wanted the police to believe that the owner was the culprit.

After all, the leaving of a cell phone is not necessarily the result of carelessness. It could be the result of an evil plan to shed suspicion onto someone else.

And then there are the eyewitnesses. Well, clearly, there will be all kinds of issues to bring about regarding their ability to observe. Further, if they had indeed seen what looked like a robbery, why didn’t they call the police?

In other words, while the leaving behind of the cell phone might bring about a chuckle, it does not spell “game over” for the future defendant(s). Neither do the eyewitnesses even if they identify suspects.

The only question is….with the defense attorney(s) have the experience or talent to make the best out of these, and other, issues?

Well, I guess that will be for whoever is arrested in this case to decide.

Might I suggest , if you someday find yourself in their position, that you opt for a lawyer with talent and expertise? It might be more expensive…in terms of money. However, it might be much cheaper in terms of years in obligatory Commonwealth housing.

If you would like to discuss a criminal case with me, please feel to call me to arrange a free initial consultation at 617-492-3000.

To view the original story, please go to : http://www.bostonherald.com/news/regional/view.bg?articleid=1314030

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Dorchester College Student Is Arrested For Bringing Gun To School

A Dorchester college student is currently being held without bail after being arraigned at Dedham District Court. According to law enforcement, the lad, Darryl Max Dookhran, 18, (hereinafter, the “Defendant”) was carrying a semi-automatic firearm in his backpack at Massachusetts Bay Community College in

According to the Wellesley police, detectives acted on a tip that the Defendant had the gun. They say that they then approached the Defendant as he was standing in line at the registrar's office. They then walked him into a nearby room. The Commonwealth says that the Defendant, upon this confrontation, backed against a wall and then kicked at detectives when they attempted to pat him down.

What followed, according to the Commonwealth is described as a “furious struggle with police”

Detectives say they found a Tec-9 gun in his backpack, with a loaded 18-round magazine.

He apparently says that it is not his gun and he has no idea how it got into his backpack.

He stands charged with a number of crimes, including possession of a large capacity firearm, being a felon in possession of a firearm, illegal possession of a firearm, possession of a high-capacity ammunition clip, and resisting arrest.

Attorney Sam’s Take:

This is a classic example of someone making their situation worse.

First of all, there is no question that the prosecution was not going to believe that the mysterious machine gun simply appeared in the Defendant’s backpack unbeknownst to him.

However, if the Defendant had any hope of arguing to a jury that he did not know about the gun, he has made it even harder on himself by struggling with the police.

First of all, struggling with the police has earned him another criminal charge. It has also given the Commonwealth additional evidence of “consciousness of guilt”. If the Defendant did not believe he had something to hide, why struggle with the police?

Of course, people who are used to the criminal justice system know that there may be many reasons why someone would struggle with the police. However, a jury is not likely to be so versed. They will simply go to the most obvious reason….that he knew he was being caught with his gun.

The Defendant clearly has other criminal justice issues beyond this case. At the ripe old age of 18, he has already been convicted of a felony.

“So, Sam, there is no defense?”

You know me better than that if you are a regular reader to this daily blog.

First of all, there may well be search and seizure issues regarding the recovery of the gun. Should the defense be successful in challenging the seizure of the gun, the gun will be suppressed. This means that the Commonwealth will not be able to use it against him. No gun…..no case. I suppose The prosecutor might still be able to go for resisting arrest, but that is the least of the Defendant’s problems at the moment in terms of a potential prison sentence.

I wonder what the Defendant’s prior case was about. Could it have had something to do with an assault? What if it were and, as an aftermath, the Defendant still had some enemies out there? Most people know that being found in possession of a gun is big trouble. Many people know that if you are found in possession of the gun and you have already been convicted of a felony that is even more trouble. Of course, if the Defendant is still on some kind of probation from that earlier felony, which is quite likely, this arrest in and of itself is a violation of probation and is enough to send him to prison.

Of course, in this modern era, tests may be able to be performed on the gun to check for
fingerprints, hair or DNA on the gun to see if anything matches the Defendant..

The bottom line is that the Defendant is in a lot of trouble. Trouble that could forever alter any plans he had for the future. This means it could not get much more serious.

If he has not already, my suggestion would be to get an experienced criminal defense attorney to guide and defend him.

If you have a criminal case and would like to discuss it with me, , please feel to call me to arrange a free initial consultation at 617-492-3000.

To view the original stories, please go to : http://www.boston.com/news/local/breaking_news/2011/02/mass_bay_studen.html and http://www.boston.com/news/local/breaking_news/

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