Boston Sexual Abuse Lawyer Blog

The Boston Globe reports that DNA evidence has linked a man suspected of raping a child and brutally stabbing his father during an August home invasion in Cambridge to the 2008 rapes of two female college students who were tied up and threatened at knifepoint in their Brighton apartment.

Suffolk District Attorney Daniel F. Conley said his office secured a grand jury order to obtain a DNA sample from Marcus Colono after other evidence led police to charge him in the Cambridge case this fall.

Detectives then matched Colono's DNA sample to biological evidence taken from the body of one of the victims in the Boston rapes, in what Conley called an elaborate examination of the evidence in both cases.

Colono, 33, is now beingheld on $1 million cash bail in Suffolk Superior Court, charged with four counts of aggravated rape, two counts of assault and battery with a dangerous weapon, as well as home invasion, and armed burglary. He pleaded not guilty, and the case was continued to Jan. 26.

Continue reading "DNA Links Colono to 2008 College Rapes" »

The Boston Globe reports that a former Chelsea District Court clerk magistrate has been sentenced to two years in federal prison for coercing two women into having sex with him at the courthouse.

"He took my dignity,'' one of the victims told the judge just before James M. Burke, 43, of Chelsea, was sentenced. "He took advantage of me when I was in a vulnerable state in my life.''

Burke, who was fired from his $84,000-a-year job after his arrest last year, was convicted by a federal jury in October of two counts of depriving the women of their civil rights.

One of the women testified at the trial that Burke pulled her from the courthouse lockup after her arrest on a prostitution charge in 2005 and brought her to an empty courtroom, where she performed sex on him in exchange for his promise to get her case dismissed. The case still went forward. The other woman said Burke threatened to lock her up last year unless she had sex with him at the courthouse.

US District Judge George A. O'Toole Jr. said Burke used his position to prey on vulnerable women, adding, "It is worse when the abuse of power occurs in the judicial branch.''

The judge ordered Burke to report to prison Jan. 14.

Burke declined to comment during the hearing, but his lawyer, Robert Sheketoff, said Burke would "roam the streets'' seeking prostitutes for sexual satisfaction and "in some ways the courthouse became a safe haven to do what he did.''

He added that Burke was not responsible for the long tradition of prostitution and that the victims "bear some responsibility, too. They bear some responsibility for their lives.''

But Assistant US Attorney Brian T. Kelly said it was "ludicrous'' to blame the victims. He said, "They are in court trying to clear up a case and he ends up sexually assaulting them. All of the blame should be placed on the defendant.''

A Wareham dentist is accused of trading sex for drugs, according to federal court papers. Wareham police, along with agents from the Drug Enforcement Agency, arrested Steven Miller, 68, at his dental practice at 108 High St. in Wareham last week.

Miller was charged in Federal Court in Boston with illegally distributing and dispensing excessive prescriptions for drugs such as Vicodin and Valium to people he was not treating, including an undercover DEA agent, as reported by WCVB-TV Channel 5.

It is alleged that Miller prescribed controlled substances without a valid medical purpose, namely in exchange for sexual favors, according to court papers.
According to court documents, Miller told a cooperating witness he could only discuss pain medications a few times because, "I have a very bad reputation at writing drugs. A couple pharmacies won't even fill my prescriptions."

The government witness also told Miller she did not have an insurance card, according to court documents, and he told her he wouldn't charge and then "with his open hand, struck the woman in the buttocks, asking to see her breasts."

Miller has apparently had other professional problems in the past, as reported by WCVB-TV Channel 5. He voluntarily surrendered his dentist's license to the state in December 1984 and entered a treatment facility for chemical dependency, according to state Board Of Registration in Dentistry records.

In 2009, Miller was put on a year's probation by the board for violating infection control guidelines such as failing to wear a face mask while treating patients, the Board of Registration records showed.

His friends and neighbors say Miller has been struggling since his wife's death several years ago. Penny L. Timbie, 54, was killed in an O'Neill Tunnel motorcycle crash in August 2008, 10 days after they were married.

In federal court, Miller waived his rights to a probable cause hearing and was released on a $50,000 bond. Miller will be back in court in two weeks. Until then, he is banned from seeing any patients, he must submit to random drug testing and he must undergo a substance abuse program.

Nice piece in the Brockton Enterprise about the change in name from Womansplace Crisis Center to A New Day. The agency has expanded its mission to help all survivors heal from sexual violence.

While sexual and relationship violence are often viewed as "women's issues," the issue of violence belongs to men, women and children. Domestic or relationship violence, defined as a pattern of controlling behavior used to gain power over another person, is society's problem.

Recent homicide statistics reveal the social impact of domestic violence. There have been 30 domestic-violence murders in Massachusetts so far this year, up from 23 in 2009 and 28 in 2008.

In 2007, there were 42 murders, according to Jane Doe Inc., a state domestic violence and sexual assault coalition.

Studies have shown that one out of three women and one out of six men are survivors of sexual violence, according to A New Day's brochure. Since changing their name and color scheme in August, the Brockton group has seen a 5 percent increase in the number of men seeking services.

The highest court in Massachusetts says homeless sex offenders should not be punished for being unable to keep their GPS monitoring devices charged.

The Supreme Judicial Court ruled Tuesday in the case of John Canadyan Jr., a homeless man who was sentenced to 18 months in jail after pleading guilty to two counts of indecent assault and battery on a child under 14.

After his release, Canadyan was ordered to wear a GPS device. But a judge found that Canadyan had violated his probation by not doing enough to find a job that, in turn, would allow him to secure housing and have access to an electrical outlet for charging the device.

The SJC ruled that that the lower court's finding that Canadyan had violated the terms of his probation was "akin to punishing the defendant for being homeless" because he did not have access to a power outlet.

The discovery of a collection of child pornography in Massachusetts last month led investigators to a 27-year-old Dutch man who has since confessed to sexually abusing dozens of young children while working at nurseries and through nanny services he offered online.

Authorities in the Netherlands have released details about the child sex abuse case, announcing the arrest of Roberts Mikelsons, 27, who had been employed at two Amsterdam nurseries between February 2007 and January 2010. He also offered his services through several websites.

U.S. authorities have released the first details about what led to the arrest of Mikelsons, who was born in Latvia, last Tuesday in Amsterdam. It followed weeks of intense cooperation between U.S. law enforcement agencies and eventually spread to the Netherlands earlier this month.

In early November, Massachusetts State Police arrested a 46-year-old man from the town of Milford after receiving a tip from the U.S. Immigration and Customs Enforcement (ICE) Office of Homeland Security Investigations (HSI). During a search of his computer storage devices, some 10,000 images and videos of young children engaged in sexual acts were discovered.

The suspect in the United States was identified as Robert Didua, who has since pleaded not guilty to two counts of possession of child pornography and one count of dissemination of child pornography.

Investigators determined that the photos and videos did not appear to have been made in the United States and shared an edited image on Interpol's secure system for international law enforcement officials in order to help identify the victim. As a result, Dutch police recognized it was of Dutch origin and received additional photos to help in the investigation.

On December 7, a picture of the boy being abused was shown on Dutch television by a local crime stopper program. This immediately led to a call from someone who recognized the child and, within hours, Mikelsons was arrested and eventually confessed to more crimes.

"The cooperation in the investigation is tremendous," said Worcester District Attorney Joseph Early Jr. in the United States, whose office was involved in the early stages of the investigation.

It is still unclear how many children were victimized by Mikelsons, although Dutch authorities believe it could be between 30 and 53 children. The crimes were allegedly committed in the past year and a half and involved children between the ages 0 and 4.

In addition to the arrest of Mikelsons, his 37-year-old husband was also arrested on accusations of possessing child pornography. He, however, is currently not believed to have been involved in the actual abuse of any children.

Further, a third man who worked at one of the nursery schools where Mikelsons has worked was also arrested. He was arrested for allegedly attempting an 'indecent' online chat.

"This arrest underlines the fact that there will be no refuge for child sexual predators who believe that they pursue their perverse behavior with impunity online," said Bruce Foucart, a special agent in charge of the ICE HSI in Boston. "Law enforcement agencies will continue to work tirelessly across jurisdictions and national boundaries to protect children anywhere in the world. I commend the collaboration of our agents and our law enforcement partners who were able to track down this child predator."

The investigation is continuing in cooperation with Dutch and U.S. law enforcement agencies. The crime is one of the worst cases of sexual abuse in the Netherlands' history.

Three former Lowell altar boys, now in their 30s, have accused the late Rev.Czeslaw Szymanski, O.S.P., of Holy Trinity Parish, of molesting them more than 20 years ago, the Lowell Sun reports.

The men's lawyer, Carmen Durso, challenged the archdioceses of Boston and Providence where Szymanski served to release his personnel files "so we can find out what (his superiors) knew and when they knew it.''

It was only recently that the three men -- two of whom live in the area and one who lives out-of-state -- approached Durso about the alleged sexual abuse they say they suffered at the hands of Szymanski, Durso said. Szymanski, who died in a car crash in 1987, was never charged with any crimes linked to these allegations.

Durso said the three men approached him because they wanted other possible men who might have been abused to come forward to get help. No lawsuit has been filed in this case.

"They are angry about what (allegedly) happened to them and other kids and that adults ignored it,'' Durso said.

Durso alleges the three men were sexually abused between the ages of 6 and 13 while serving as altar boys at Holy Trinity Parish at 340 High St. from 1983 to 1987.
Durso alleges Szymanski would fondle the boys in the Holy Trinity Church sacristy before celebrating Mass. He said the alleged sexual abuse continued on a daily basis until 1987, when Szymanski was hastily transferred to the Peterborough, Ontario Diocese in Canada.

Durso wants the Archdiocese of Boston and Szymanski's former order -- the Order of St. Paul the First Hermit of Ontario -- to publicly acknowledge at Masses throughout the area and in the media that the priest allegedly molested these three men and possibly more.

Continue reading "Three Mass. Men Accuse Deceased Priest of Molestation" »

A New Bedford man was charged Dec. 8 in federal court with possessing child pornography, as reported by the Raynham Call.

Larry Heyes, 57, was charged in a criminal complaint with possession ofchild pornography. The complaint alleges that on October 6, 2010, Heyes knowingly possessed visual depictions of minor engaging in sexual explicit conduct. According to court documents, Heyes is a registered sex offender and was previously convicted of raping a child.
If convicted on these charges, Heyes faces up to 20 years imprisonment, to be followed by up to lifetime supervised release and a $250,000 fine.

United States Attorney Carmen M. Ortiz, Robert Bethel, Inspector in Charge of the U.S. Postal Inspection Service and Colonel Marian McGovern, superintendent of the Massachusetts State Police made the announcement. This case, which was brought as part of Project Safe Childhood, was investigated by the Massachusetts State Police and U.S. Postal Inspection Service. It is being prosecuted by Assistant U.S. Attorney Michael Yoon of Ortiz's Major Crimes Unit.

In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the U.S. Attorneys' Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, visit www.projectsafechildhood.gov/

Plea negotiations have broken down for former Holyoke teacher Lisa M. Lavoie, who is accused of running off with a 15-year-old student, scuttling a change of plea hearing scheduled for this week, according to the Springfield Republican.

Lavoie, 25, of Ludlow, was scheduled to plead guilty in Hampden Superior Court before Judge Cornelius J. Moriarty to some charges related to her multi-state flight with an eight-grader at the Maurice A. Donahue Elementary School in 2009.

Assistant District Attorney Patrick S. Sabbs told the judge that sentencing discussions between Lavoie's lawyer and his office broke off during the weekend, leaving the outcome of the case uncertain.

"I think we will be able to work something out by the end of the year," Sabbs said, referring to the end of William M. Bennett's tenure as district attorney.

Lavoie's lawyer, David P. Hoose, of Northampton, who was awaiting a jury verdict in a federal court case, could not be reached for comment. At Saab's request, Moriarty set a January 20 trial date in case no plea deal could be arranged.

The former teacher at the Maurice A. Donahue Elementary School has been free on $25,000 cash bail since pleading innocent in March 2009 to six counts of statutory rape and one of enticement of a child under the age of 16 in a case involving a then-eighth-grader.

Investigators said a relationship developed between Lavoie and her student in fall 2008, and the two began texting and e-mailing before having sex.

In February 2009, the pair fled Western Massachusetts after learning their relationship had been discovered. They were found a week later in a motel room in Morgantown, W.Va.

Prosecutors have said that Lavoie and the teen drove through Vermont, New Hampshire, Delaware, New York and Pennsylvania as authorities pursued them.

The six statutory rape counts include three of aggravated statutory rape, a charge established under a bill known as "Jessica's Law" that was signed into law a year ago, prosecutors have said. Those charges carry a 10-year mandatory minimum prison sentence.

The aggravated rape charges were issued because, as a teacher, Lavoie was a so-called mandatory reporter responsible for reporting any suspected physical or sexual abuse of her students. The teen was placed in foster care after his return to Massachusetts, officials said in previous court proceedings.

A Massachusetts man accused of sexual assault had his case transferred from Bantam to Litchfield Superior Court last week, according to the Register Citizen newspaper covering Litchfield CT.

Jersey Osorio, 32, of Pittsfield, Mass., was charged with fourth-degree sexual assault, tampering with a witness, tampering with physical evidence, risk of injury to a child and second-degree kidnapping on Dec. 1 after being arrested in the Pittsfield District Court in Pittsfield, Mass., for an offense that occurred on April 11.

Because the complaint is sealed and no details of the case were available, no information on the reason for Osorio's arrest were made public -- not even the town where the alleged crimes took place.

Litchfield Superior Court Judge Charles D. Gill authorized a warrant for his arrest on Aug. 16 and set his bond at $400,000.

Court documents indicate that Osorio is a teacher, aid and child-care worker at the Berkshire Farm Center and Services for Youth in Canaan, N.Y.

Osorio, a married man with no apparent substance abuse problems, has no prior convictions in Massachusetts or Connecticut.

Judge Corinne L. Klatt lowered his bond to $250,000 Wednesday. Klatt also ordered that Osorio have no contact with the complainant or the complainant's family in any form. He is not to threaten, stalk, or take part in any violence with the victim.

"That means you cannot contact (the victim) on the phone; anything," Klatt said.

Furthermore, he was ordered to possess no firearms.

Osorio has been incarcerated in Berkshire County, Mass., for the past 11 days. He has resided in Massachusetts for the past 11 years. The warrant, as well as the complainant's identity, remain sealed until the case reaches Litchfield Superior Court for a Dec. 14 continuance.