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Open Bail Revoked for Assault Suspect Charged with Hate Crime

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BOSTON, June 14, 2016—A Lynn man was arraigned yesterday in connection with a weekend attack in Revere in which he allegedly told the victim and his friends to “go back to [their] country,” Suffolk County District Attorney Daniel F. Conley said.

JASON COLLURA (D.O.B. 12/31/87) was arraigned yesterday in Chelsea District Court on charges of assault and battery to intimidate, civil rights violation, disorderly conduct, and disturbing the peace.  Assistant District Attorney Michael Lafleur requested that Collura’s bail be set in the amount of $10,000 and that he be ordered to stay away and have no contact with the victim in the event he is to be released on bail.  Lafleur also requested that Collura’s bail be revoked in an open case out of Boston Municipal Court charging larceny from a person.

Judge Matthew Nestor set $2,500, imposed the requested stay away order, and revoked Collura’s open bail.

Revere and State police on Saturday responded to a call of a fight in the area of 1 Orr Square, where they found the defendant and a second man involved in a physical altercation in the middle of the street.  Witnesses that had gathered made statements that officers should take Collura away.

Upon separating the two men, police noticed the odor of alcohol coming from Collura and observed that he was swaying as he stood and the groin area of his pants was wet, prosecutors said.  A bottle containing white bills was located on the ground where the altercation had occurred, and witnesses told police that it had fallen from Collura’s pocket.

The victim told police that he was walking from Revere Beach with two friends when Collura approached and asked where they were from. When the victim responded, “America,”  Collura allegedly said they weren’t “from here” and told them to “go back to [their] country.” He then attacked the victim, leaving red marks on the man’s neck, prosecutors said. A witness used a cell phone to film the assault.

“The behavior alleged in the complaints is disgraceful,” Conley said. “It has no place in civilized society, and we take some satisfaction in knowing that witnesses came forward to assist police in identifying the aggressor.”

Collura was placed under arrest and transported to Revere Police station for booking.  During transport and booking, Collura allegedly made statements threatening officers and spat on one officer before he was placed in a cell.

Collura was represented by Richard Barrett.  He returns to court July 20.

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All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

 


Probation Officer Indicted for Sexual Assault on Probationer

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BOSTON, June 14, 2016—A Dorchester Municipal Court probation officer faces arraignment tomorrow for allegedly assaulting a female probationer in his courthouse office, Boston Police Commissioner William B. Evans and Suffolk County District Attorney Daniel F. Conley said.

The Suffolk County Grand Jury returned indictments charging WILLIAM AVERILL (D.O.B. 2/13/66) of West Roxbury with three counts each of rape and indecent assault and battery, as well as one count of assault with intent to rape.  Averill has been on administrative leave from his professional duties since the investigation began earlier this year.

According to prosecutors, Averill was assigned to supervise the victim, a woman in her 20s, while she was serving a one-year probation sentence on convictions for larceny and receiving stolen property.  On Jan. 5, the victim reported to probation as required.  Averill allegedly led her into his office, where he began to touch and kiss her.  She told him to stop and he did.  However, later in the meeting, Averill allegedly closed the blinds in his office and sexually assaulted the victim.

After leaving the courthouse, the victim called a relative and disclosed the assault, leading to an investigation by the Sexual Assault Units of the Suffolk DA’s office and Boston Police Department.

Criminalists in the Boston Police Crime Lab were able to develop a DNA profile from evidence collected during that investigation.  Further testing by Massachusetts State Police criminalists showed that the profile matched a DNA sample provided by Averill – and excluded 99.92 percent of the male population as possible contributors.

The indictments are based on the results of that testing and additional evidence developed by Assistant District Attorney Elizabeth Riley during the grand jury investigation and Boston Police sexual assault detectives through interviews and other techniques.

Anne Kelley-McCarthy is the DA’s assigned victim-witness advocate.  Averill is represented by attorney Bill Galvin.

 

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All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

Authorities Renew Call for Help in Chelsea Hit-and-Run

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CHELSEA, June 16, 2016—Nearly two weeks after Marco Salguero-Cruz suffered fatal injuries in a hit-and-run collision, Chelsea and State police are asking the public to remain on the lookout for the vehicle that fled the scene of the crash.

Chelsea Police Chief Brian Kyes and Suffolk District Attorney Daniel F. Conley said Salguero-Cruz, 25 and a resident of Chelsea, was struck in the area of 284 Washington Ave. at about 10:00 on the night of June 4. The vehicle that struck him left the scene without stopping. Salguero-Cruz was rushed to Massachusetts General Hospital, where he died of his injuries the next morning.

Witness statements, physical evidence at the scene, and footage from public safety cameras in the area suggest that the vehicle was a 2007-2009 Toyota Camry, silver or light gray in color with a moon roof and fog lights. The vehicle is believed to have front end damage from the collision, including a broken left headlight: it can be seen in a video clip posted at https://youtu.be/fraesVBEWuE.

Stock photo of a Toyota Camry similar to the one involved in a fatal hit-and-run in Chelsea

Stock photo of a Toyota Camry similar to the one involved in a fatal hit-and-run in Chelsea

Anyone who has information on the crash, the driver, or a similar vehicle with recent, unexplained damage is asked to contact the Suffolk County State Police Detective Unit at 617-727-8817 or Chelsea Police Detectives at 617-466-4805. Tipsters who wish to remain anonymous may also call the 24-hour Chelsea Police CrimeStoppers tip line at 617-466-4880 or submit tips online at www.chelseapolice.com.

 

 

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All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

 

Revere Beach Hate Crime Suspect Held Pending Dangerousness Hearing

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BOSTON, June 20, 2016—A man arraigned today on charges of wielding a hammer in a racially-motivated attack at Revere Beach was ordered held without bail pending a dangerousness hearing later this week, Suffolk County District Attorney Daniel F. Conley said.

GIANPAOLO M. CERRETANI (D.O.B. 1/22/92), who claims addresses in Revere and Lynn, was arraigned today in Chelsea District Court on charges of assault and battery with a dangerous weapon, assault with a dangerous weapon, threats to commit a crime, civil rights violation, disorderly conduct, and resisting arrest.  At the request of Assistant District Attorney Kacie Sherman, Judge Matthew Nestor ordered Cerretani held without bail pending a dangerousness hearing scheduled to take place on Thursday.

Sherman told the court that State Police responded to Revere Beach at approximately 4:20 p.m. yesterday for a report of a fight near the bandstand.  Upon their arrival, police observed Cerretani – who was shirtless and covered with blood from a wound to his head – shouting profanities and racial epithets at a group of males.  A 12-inch long hammer was located in the sand near where he stood.

Through witness statements, troopers ascertained that Cerretani had taken a football from a group of children, which a witness was able to retrieve and return to the kids.  Cerretaini then produced a hammer that he began to swing at the individual and others on the beach, striking one victim in the arm as the man raised his hands to shield his head, prosecutors said.  Cerretani allegedly shouted threats and racial epithets during the attacks.

Witnesses were able to bring Cerretani to the ground and disarm him before police arrived.

Troopers handcuffed Cerretani, who allegedly resisted their attempts to escort him to a cruiser.  Police detected an odor of alcohol from Cerretani and observed that his eyes were red and bloodshot.  He was transported to Whidden Hospital in Everett for treatment of wounds to his head.  He allegedly made threats to troopers during transport to the State Police barracks in Revere.

Cerretani was represented by Richard Barrett.

 

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All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

 

Grand Jury Indicts in Fatal Chelsea Shooting

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BOSTON, June 20, 2016—A Lynn teen has been indicted for murder in connection with the Chelsea shooting that killed 19-year-old Pablo Villeda and injured six others, while a second teen has been indicted for possessing a firearm in connection with the case, Suffolk County District Attorney Daniel F. Conley said.

A Suffolk County Grand Jury today returned indictments charging EMANUEL MARRERO (D.O.B. 6/3/99) with first-degree murder, unlawful possession of a firearm, five counts of aggravated assault and battery with a dangerous weapon, and six counts each of armed assault with intent to murder and assault and battery by discharging a firearm.

EFRAIN VEGA (D.O.B. 12/14/98) was indicted on a charge of unlawful possession of a firearm.  Although he is a juvenile, his indictment under the state’s youthful offender statute opens his case to the public and subjects him to the full range of both juvenile and adult repercussions.

Chelsea Police responded to 120 Washington Ave. in the early morning hours of March 6 for multiple calls reporting a disturbance at a party held inside a vacant apartment.  They arrived to find seven victims, ranging in age from 15 to 22, suffering gunshot wounds.  Villeda was transported to Whidden Hospital, where he succumbed to his injuries.  The surviving victims were treated at Whidden Hospital and Massachusetts General Hospital.

State Police detectives assigned to Conley’s office alongside Chelsea Police detectives identified Marrero as the alleged gunman and took him in to custody the following day.  Vega was identified for his role through the course of the Grand Jury investigation.

Assistant District Attorney Julie Higgins led the grand jury proceedings resulting in today’s indictments.  Elise McConnell is the DA’s assigned victim-witness advocate.  Marrero is represented by Richard Chambers and is expected to be arraigned in Suffolk Superior Court June 29.  Vega is represented by Susan Neff and will be arraigned in Chelsea Juvenile Court on July 11.

 

 

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All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

 

Two Held Without Bail in Teen’s Homicide Near Burke School

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Both BOSTON, June 22, 2016—Two men were held without bail today following their arrests in the fatal shooting of 17-year-old Raekwon Brown and non-fatal shootings of three bystanders earlier this month, Boston Police Commissioner William B. Evans and Suffolk County District Attorney Daniel F. Conley said.

JONATHAN AGUASVIVAS (D.O.B. 11/25/92) of Roxbury and BENZY BAIN (D.O.B. 12/17/91) of Mattapan were arraigned today in Dorchester Municipal Court following their arrests by Boston Police on warrants charging them with murder in connection with Brown’s fatal shooting near the Jeremiah E. Burke School in Dorchester. Two other teens, ages 16 and 17, received injuries that were not life-threatening and were transported to area hospitals; a fourth victim, a 67-year-old woman, suffered minor injuries and was treated at the scene.

Assistant District Attorney David Fredette, chief of the DA’s Gang Unit, told the court that video and other evidence, including witness statements, contributed to their identification as being involved in the June 8 incident. In addition to ordering both defendants held without bail, Judge Serge Georges set a next court date of July 26. Aguasvivas was represented by attorney Brian Kelley and Bain by attorney James Greenberg.

Both Evans and Conley stressed that the investigation is still very active, that more charges could be forthcoming, and that investigators are thus limited in the information they can currently release.

Said Commissioner William Evans: “When a young man finishing up his junior year of high school gets gunned down in broad daylight, finding those responsible for such a senseless tragedy is of the highest priority to the men and women of the Boston Police Department. Clearly, those responsible for the shooting cared little about who they hurt, harmed or injured while displaying an absolute disregard for the safety and well-being of every person living or working in that neighborhood. It was essential that we find those responsible and today I’m pleased to announce two arrests in connection to the shooting death of Raekwon Brown. To Raekwon’s family, I can only say that it is my sincere and humble hope that the news of today’s arrests brings with it some small measure of comfort and solace. To my detectives, I want to commend them for the around-the-clock efforts that lead to today’s arrests. Thanks to their dogged dedication and determination, the individuals arrested today are no longer in a position to hurt or harm in anyone else in our community.”

“Every life is precious, but a young life like Raekwon’s carries promise that no one has the right to extinguish,” Conley said. “For two weeks straight, investigators have been carefully, methodically, and painstakingly gathering evidence to speak on his behalf, and I want to take particular note of the tremendous work by Sergeant Detective Sean Doherty and his squad for their efforts to date. These arrests mark a step toward justice for Raekwon’s family, but it is not the last step. We will not rest until those responsible for his homicide have been held to account for it.”

At about 1:16pm, on Wednesday, June 8, 2016, officers from District B-2 (Roxbury) responded to a call for a person or persons shot in the area of 46 Washington Street in Dorchester. On arrival, officers learned of four victims suffering from gunshot wounds. Brown was pronounced deceased at the scene; two other victims, ages 16 and 17, were transported to area hospitals where they were treated for non-life threatening injuries; and a fourth victim, a woman in her 60s, was treated at the scene for a non-life threatening injury.

Investigators said camera footage and other digital evidence contributed to the arrests, but anyone with additional information should feel safe sharing it with Boston Police homicide detectives at (617) 343-4470. Community members wishing to assist this investigation anonymously can do so by calling the CrimeStoppers Tip Line at 1 (800) 494-TIPS or by texting the word ‘TIP’ to CRIME (27463).

 

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All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

Malden Man Arraigned in Drowning Death

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BOSTON, June 22, 2016—A Malden man was arraigned today in connection with the drowning death 26-year-old Mitchell Harrison, Suffolk County District Attorney Daniel F. Conley said.

LENNY QUINTERO-FLORES (D.O.B. 2/17/89) was arraigned in Charlestown Municipal Court today on a charge of manslaughter.  At the request of ADA Lynn Feigenbaum, Judge Lawrence McCormick set bail in the amount of $25,000 and ordered Quintero-Flores to remain drug- and alcohol-free subject to random screening.

At approximately 5:10 yesterday evening, State Police responded to a call for a man who had been submerged in the Charles River for approximately 10 minutes.  Harrison was removed from the water at 5:20 p.m. and rushed to Brigham and Women’s Hospital in critical condition.  He died at the hospital early this morning.

Witnesses told police that they had observed Harrison and Quintero-Flores drinking together before Quintero-Flores allegedly used his feet to push the victim, who was either asleep or unconscious at the time, into the river.  An empty bottle of vodka was found at the location.

During an interview with investigators, Quintero-Flores allegedly admitted pushing Harrison into the water but stated he did not know the man was unconscious.

Kelly Hogan is the DA’s assigned victim-witness advocate. Quintero-Flores was represented by M. Barusch.  He returns to court July 22.

 

 

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All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

 

 

 

 

Grand Jury Investigation Yields Manslaughter Indictment in April Fatality

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BOSTON, June 22, 2016—The Suffolk County Grand Jury this week returned indictments charging a Dorchester man with causing the death of 45-year-old Brian Hingston during a fight behind an Adams Street bakery, District Attorney Daniel F. Conley and Boston Police Commissioner William Evans said.

The indictments, returned Monday, charge BRYAN McELHINNEY (D.O.B. 8/17/92) with manslaughter and aggravated assault and battery in connection with the April 17 incident that claimed the Quincy resident’s life near the intersection of Adams Street and Gallivan Boulevard.

The investigation by Assistant District Attorney Catherine Ham and Boston Police homicide detectives revealed that Hingston, McElhinney, and others were celebrating a friend’s birthday on the night of April 16 into the morning of April 17. Two members of that group became involved in a fistfight in the parking lot of the Greenhill Bakery. Neither the defendant nor the victim was involved in this portion of the fisticuffs, authorities said.

The investigation further revealed that McElhinney joined in the fight and struck another man. At this point, the evidence suggests, Hingston attempted to intervene and McElhinney struck him once in the face. Hingston fell to the ground, hit his head, and never regained consciousness. He was pronounced dead at Boston Medical Center.

McElhinney will be arraigned in Suffolk Superior Court on July 8.

 

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All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.


Jail Guard Held after Arrest for Improper Contact with Inmate

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BOSTON, June 23, 2016—A jail guard now suspended from his duties was arraigned today on charges that he had improper sexual contact with an inmate under his supervision, Suffolk County District Attorney Daniel F. Conley said.

MARLON JUBA, 29, was arraigned today in South Boston Municipal Court following his arrest yesterday by Boston Police. Assistant District Attorney Amy Martin recommended that he be held on $150,000 cash bail. Judge Ernest Sarason imposed bail of $20,000.

Juba is charged under Ch. 268, Sect. 21A, of the Massachusetts General Laws, which presumes that inmates are unable to consent to sexual contact with employees of jails, prisons, and houses of correction and which carries a maximum penalty of five years in state prison.

Juba is accused of having sexual contact with the female victim while she was in custody at the South Bay House of Correction, where he was a corrections officer. The victim is no longer at South Bay.

Martin told the court that the Suffolk County Sheriff’s Investigative Division was initially investigating Juba for bringing drugs and other contraband into facility. In the course of that investigation, they learned of information suggesting he had an inappropriate relationship with an inmate. Sheriff’s investigators conducted interviews, reviewed surveillance camera footage, and gathered other forms of evidence suggesting that he had an improper sexual relationship with a specific female inmate, leading to his suspension from duty.

The evidence gathered by the Suffolk Sheriff’s investigators was corroborated by evidence gathered by Boston Police Sexual Assault detectives, including a sexually explicit letter to Juba from the inmate recovered during a search warrant at his home. Boston Police arrested Juba yesterday.

Juba was represented today by attorney Eduardo Masferrer. He will return to court on Aug. 23.

 

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All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

Familial DNA Match Identifies Revere Beach Remains

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BOSTON, June 24, 2016—More than two years after unidentified human remains were recovered on Revere Beach, a DNA match through a national missing and unidentified persons database has provided a previously-missing man’s family with answers in his disappearance, Suffolk County District Attorney Daniel F. Conley said.

The partial remains discovered in shallow water along the shoreline in 2014 have been conclusively identified as those of a 31-year-old man with ties to Oklahoma who had most recently been living in Cambridge. Prior to his last reported sighting in 2013, he wrote a letter to his family indicating that he was “going off the grid” and that they “would not see [him] again.”

Because the circumstances of the man’s death are not currently considered suspicious, his identity is not being released publicly.

Black, braided leather belt

Black, braided leather belt

State Police detectives assigned to Conley’s office responded to Revere Beach on April 30, 2014, where a passerby had spotted the remains along the shoreline at about 11:30 am.  State and Revere Police began efforts to identify the man and to contact his family.

The condition of the remains hindered investigators’ efforts to identify the man or determine his ethnicity, and forensic anthropologists could only opine that he was an adult between 20 and 40 years old – and likely on the younger end of that range. State Police detectives entered the unknown man’s DNA profile into the National Missing and Unidentified Persons System, or NamUs.

The man was wearing American Eagle brand blue jeans with a 30” waist, suggesting a slim build.  They were cinched with a black, braided, leather belt. Authorities released a photograph of that belt and of distinctive boxer shorts he was wearing that were patterned with the image of a Volkswagen Beetle.

Boxer shorts with image of Volkswagen Bug and surfboard

Boxer shorts with image of Volkswagen Bug and surfboard

More than a year later, a tipster who saw those images contacted State Police detectives with information that the deceased may have been a man reported missing on Oct. 30, 2013. Now armed with a name, troopers contacted the NamUs regional system administrator for Massachusetts, who obtained a voluntary DNA sample from the tip subject’s father in Oklahoma. That sample proved a familial match after testing by the University of North Texas Center for Human Identification.

“Receiving news of a family member’s death is always a painful event,” Conley said. “But with their years of waiting and wondering at an end, I hope this man’s loved ones can take some comfort knowing that their son and brother is at peace. I’m grateful to the State troopers, the NamUs personnel, and especially the Good Samaritan tipster involved in this investigation who helped bring answers to this young man’s family.”

Trooper Anthony Alestock led the investigation for the Suffolk County State Police Detective Unit, which has jurisdiction over death investigations in Chelsea, Revere, Winthrop, and certain parts of Boston. Lori Bruski, the NamUs regional system administrator for New England, New York, Michigan, and Wisconsin, coordinated the DNA retrieval and analysis. For more information on NamUs, visit www.namus.gov/.

 

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Boston Lawyer Charged with Larceny, Forgery, Identity Fraud

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BOSTON, June 24, 2016—A Boston attorney already suspended from practice in Massachusetts was arraigned today on charges he stole the identity of a business partner and nearly $50,000 from a client, Suffolk County District Attorney Daniel F. Conley said.

WASSEM AMIN (D.O.B. 2/27/85) was arraigned this morning in Boston Municipal Court on two dockets, one charging larceny over $250 by single scheme, forgery of a check, and uttering a false check, and the second charging identity fraud and forgery of a document. 

Assistant District Attorney Michele Granda, chief of the DA’s Special Prosecutions Unit, recommended $50,000 bail on each docket, for a total of $100,000. Boston Municipal Court Judge Thomas Kaplanes ordered him held on a combined $70,000 cash bail. Kaplanes ordered that Amin wear a GPS monitor and stay away from the victims if he posts that amount.

According to prosecutors, Amin operated a law practice called Amin Legal Group at One Boston Place.  On February 11, a former law school classmate joined the firm, providing his personal information in order to be added to the firm’s corporate bank accounts.

Within the coming days and weeks, several inquiries were made to the victim’s credit, none of which were prompted by the victim.

Amin allegedly used the victim’s identity to open an account through Bank of America, listing the victim as the primary account holder and guarantor.  Two cards for the account were issued under Amin’s name.  The victim later received five American Express credit cards on which he was also listed as the primary account holder and guarantor; two of those cards were issued under Amin’s name.  The victim did not provide authorization for either account, prosecutors said.

The victim also received an Amazon credit card that was likewise issued under his identity without his knowledge or permission.  Records indicate that the application for the card came from an email address allegedly linked to Amin.  At the time the victim received the credit card in the mail on or around March 30, the account carried a balance of more than $1,700.

After resigning from the law firm and filing a complaint against Amin with the Board of Bar Overseers, the victim began receiving threatening text messages.  Some of the messages came from a phone number linked to Amin.

In his capacity has an attorney, Amin was hired by a client to assist in the launch of a business.  On April 28, the victim had $49,980 wired into a corporate bank account held by Amin’s firm, which were intended to be transferred into a bank account that Amin claimed he had set up in the name of the victim’s new company.  An investigation by Boston Police revealed that the money was instead transferred into Amin’s personal bank account and used for his own expenses, including trips to Foxwoods.  The victim made repeated demands that the money be returned.  Amin on May 31 issued a check to the victim from a bank account that had been closed two months earlier.  The victim’s bank account was frozen when the bad check was returned.

Amin was administratively suspended from practicing law in Massachusetts on June 1.

Amin was represented by Nate Dolcort-Silver He returns to court July 22.

 

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All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

Jurors Deadlock in Trial of 2014 Homicide

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BOSTON, June 24, 2016— Jurors in the trial of three men charged in the slaying of 25-year-old Romeo McCubbin today returned guilty verdicts on firearm charges but declared themselves hopelessly deadlocked on the charge of murder, Suffolk County District Attorney Daniel F. Conley said.

After more than two days of deliberations in the murder trial of OMAR BONNER (D.O.B. 8/2/87) of Hyde Park, OMAR DENTON (D.O.B. 5/9/84) of Milton, and ANDREW ROBERTSON (D.O.B. 06/09/1976) of Hyde Park, jurors convicted Bonner of unlawful possession of a firearm and resisting arrest and Denton of unlawful possession of a firearm.  Jurors were unable to come to a unanimous decision on the charge of first-degree murder faced by all three defendants.  As a result, Suffolk Superior Court Judge Janet Sanders declared a mistrial.

A fourth man, JAVAINE WATSON (D.O.B. 10/11/90) of Dorchester, is also charged with first-degree murder in connection with McCubbin’s killing but had his trial delayed when his attorney fell ill.

The case against all four men returns to court next month to set a date for a retrial.

McCubbin was sitting inside a vehicle on Havelock Street at approximately 1:45 a.m., when two men approached his vehicle and one of them fired on him. McCubbin extricated himself from the vehicle and the gunman fired on him again. The second man kicked him in the head. The assailants fled in two vehicles.

Assistant District Attorney Teresa Anderson of the DA’s Appellate Unit served as second-seat at trial.  Michael Glennon is the DA’s assigned victim-witness advocate.  Bonner is represented by John Tardiff, Denton by Rosemary Scapicchio, Robertson by Marjorie Tynes, and Watson by Martin Leppo.  They return to court July 14.

 

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All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

Man Charged with Attempted Murder for Fire near Sleeping Homeless Men

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BOSTON, June 27, 2016—An Arlington man was arraigned today for allegedly starting a fire in close proximity to two homeless men who were saved from death or serious injury by a Good Samaritan who smelled smoke, Suffolk County District Attorney Daniel F. Conley said.

MATTHEW CODY (D.O.B. 1/19/86) was indicted last week on charges of arson and attempted murder. He was arrested today by Boston Police at the Boston Municipal Court, where he was attending a court date on an unrelated case, and transported to Suffolk Superior Court, where the case will be adjudicated.

Assistant District Attorney David McGowan, the DA’s point prosecutor for arson offenses, recommended that Cody be held on $75,000 cash bail. Clerk Magistrate Lisa Medeiros imposed $30,000.

McGowan told the court that Cody left his job at a restaurant downtown at about 11:00 on the night of Oct. 8, 2015, and walked past two homeless men sleeping in the alcove of 41 West St. He allegedly stopped a short distance away, retrieved a book from a recycling bin on the sidewalk, and walked back to the alcove.

Prosecutors say Cody placed the book on the ground close to the two sleeping men, set it on fire, and walked a short distance away. When the fire went out on its own, he allegedly returned and set it on fire again. This time, the fire took hold and spread to the cardboard used as a cushion by the two sleeping men and then the alcove in which they were situated.

An employee at a nearby youth services agency smelled smoke and went outside to investigate. He saw the fire, roused the two sleeping men, and tried to extinguish the spreading blaze with a trash barrel he filled with water. The Boston Fire Department estimated the cost of the fire damage at $18,000.

In the hours and days that followed, Boston Police detectives and firefighters of the Fire Investigation Unit retrieved surveillance footage from cameras in the area. A careful examination of this footage suggested that the arsonist had come from the area of the restaurant at which Cody worked. Investigators obtained a list of employees on duty that night and, from that list, identified Cody as a potential suspect.

Investigators later approached Cody on West Street and observed him to be wearing clothing and a backpack similar to those visible in the surveillance images of the arsonist. In recounting his actions on the night of Oct. 8, Cody allegedly stated that he walked from West Street to Tremont Street but did not stop or talk to anyone along the way.

McGowan told the court that the Fire Investigation Unit spoke with Cody’s co-workers and showed them surveillance images depicting the arsonist. Three of them identified the man as Cody, he said. In an interview with Boston Police and Boston Fire investigators, however, Cody allegedly could not identify himself in those images and said he could not remember details about the night of the fire.

Cody was represented today by attorney Andrew Stockwell-Alpert. He will return to court on Aug. 16.

 

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All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

Remarks of District Attorney Daniel F. Conley on the 1987 Homicide of Dora Brimage

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BOSTON, June 28, 2016–Suffolk County District Attorney Daniel F. Conley today delivered the following remarks on the indictment of JAMES PAIGE (D.O.B. 3/28/66) for the 1987 homicide of Dora Brimage:

“On a warm night almost 30 years ago, 19-year-old Dora Jean Brimage left a party near Prentiss Street in Roxbury.  Her body was found the next morning – September 7, 1987 – in the rear of a Warren Avenue storefront.  She had been badly beaten, sexually assaulted, and strangled to death.

“Dora Brimage’s homicide went unsolved – until now.

The 1987 homicide of Dora Brimage in Roxbury went unsolved -- until today.

The 1987 homicide of Dora Brimage in Roxbury went unsolved — until today.

“Based on evidence and testimony gathered by Suffolk County homicide prosecutors, the Boston Police Cold Case Homicide Squad, and criminalists of the BPD Crime Lab, the Suffolk County Grand Jury yesterday returned an indictment charging JAMES PAIGE with first-degree murder in Dora’s homicide.

“Paige is 50 years old, a resident of Manchester, New Hampshire, and currently in custody at the Hillsborough County House of Corrections.  A Massachusetts warrant has been lodged there, and we expect he will be transported to face these charges in the coming weeks.

“Dora Brimage was born and raised in Boston.  She was active in her church, where her grandmother was a deaconess and she sang gospel in the youth choir.  She hoped to pursue a career in nursing.  But all her hopes, dreams, and accomplishments came to naught when she got into a car with the man who, we believe, took her life.

“The evidence suggests that Dora accepted a ride from James Paige when she left the party, and that she was taken to a building at 655 Warren St.  The building was vacant at the time and under renovation.  Dora’s body was found by workmen the next morning, horribly beaten and partially undressed.

“The first generation of investigators could not identify her killer at the time, but their careful, methodical work was a major contribution to the case.  They retraced Dora’s steps, interviewed witnesses at the party, and perhaps most importantly, secured biological evidence from her body.  That evidence lay dormant for many years, until the Cold Case Squad submitted it for DNA testing under a federal grant.

“Prosecutors, defense attorneys, and courts across the country agree that DNA is the gold standard for identification.  And because the biological evidence in this case was carefully stored, lab technicians were able to develop a DNA profile from it decades after it was first recovered.  That profile was uploaded to the FBI’s Combined DNA Index System, or CODIS.  In 2014, it matched Paige’s profile, on record as a result of a prior felony conviction, and provided the first major break in Dora’s murder.

“After numerous re-interviews by the Cold Case Squad and an exhaustive grand jury investigation by Assistant DA Craig Iannini of our Homicide Unit, we are in a position now to bring our case to court and seek a first-degree murder conviction.

“As with the homicide of Lena Bruce, which was solved late last year, this case was made in part through DNA technology that was simply unavailable to our predecessors in the 1980s.  But as with Lena’s case, DNA alone is not enough to prove the elements of murder beyond a reasonable doubt.

“Conducting a meaningful interview with a witness decades after the fact is no easy task – and that’s assuming they’re still alive and you can find them.  Memories can fade, corroborating evidence can deteriorate, and the passage of so much time rarely benefits the prosecution team.

“And that’s why the work of Sgt. Det. Billy Doogan and Detectives Jack Cronin, Kevin Pumphret, and our homicide prosecutors deserves special recognition.  In the past seven years alone, we’ve identified suspects in 17 cold case homicides.  Five of those suspects were deceased by the time we learned their identities and one was so mentally ill that he could not be prosecuted, but every single surviving defendant to go to trial has been found guilty of his crimes.  That’s a phenomenal success rate, and it speaks to the world-class professional partnership between Suffolk prosecutors and Boston police.  When the evidence exists, we follow it wherever it leads – no matter how many years it might take or how many miles we must travel.

“I have to point out today that there is a tool available that will not only solve more homicides like Dora Brimage’s and Lena Bruce’s but likely prevent them as well.  It’s being used by 30 US states and the federal government, and it’s the use of DNA fingerprinting – a DNA swab at the time of arrest.  The Supreme Court has called it a legitimate booking procedure, just like booking photos and fingerprints – except more efficient, more effective, and more reliable.  And more than this, studies in other jurisdictions have shown that by obtaining DNA samples from sexual predators earlier in their criminal careers, we can convict and incarcerate them before they reoffend.  It’s an issue of women’s safety and I would urge the legislature to consider it as we look to modernize our state’s DNA database.

“I’d like to ask Commissioner Evans to say a few words now on behalf of the Boston Police Department.”

Driver Gets 12 Years in Cyclist’s Death

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BOSTON, June 28, 2016—A drunk driver will spend up to 12 years in state prison after admitting responsibility for the death last year of 18-year-old Fritz Philogene in Dorchester, Suffolk County District Attorney Daniel F. Conley said.

GREGORY McCOY (D.O.B. 1/10/88) of Dorchester pleaded guilty to manslaughter while operating under the influence, leaving the scene of a collision causing death, and leaving the scene of a collision causing injury. Assistant District Attorney Gregory Henning of the DA’s Senior Trial Unit recommended a sentence of 12 to 14 years in state prison. Suffolk Superior Court Judge Beverly J. Cannone imposed a term of 8 to 12 years.

Prior to sentencing, Cannone heard from Christopher Graham, a friend of Philogene’s family who spoke on their behalf. Graham said they hold no animosity toward McCoy but feel that he must be held accountable for the decisions he made and actions he took.

Had the case proceeded to trial, Henning would have introduced evidence and testimony to prove that McCoy was driving a friend’s 2012 Cadillac CTS at a high rate of speed in a residential area as he approached the intersection of Norwell Street and Talbot Avenue on the night of May 19, 2015. The Cadillac slammed into the rear of a BMW stopped at a red light, sending both vehicles careening through the intersection just before 10:10 pm.

Philogene, who was at the corner with his bicycle and apparently waiting to cross the street, was struck and died at the scene. Henning would have proven that Philogene’s fatal injuries came as a result of McCoy’s actions.

The crash also injured the 33-year-old driver of the BMW and McCoy’s passenger, a 26-year-old Quincy man who owned the Cadillac.

The evidence would also have shown that McCoy extricated himself from the badly-damaged Cadillac and fled the scene on foot, leaving a blood trail from the vehicle’s final resting point to his neighborhood. Responding Boston Police investigators were assisted by multiple civilian witnesses who came forward to share their observations of the crash, its aftermath, and McCoy’s alleged flight, leading to his identification as the Cadillac’s operator and proof of his impairment at the time of the crash.

Boston Police detectives assigned to the Fatal Collision Investigative Team located McCoy at his Wentworth Street home. He transported to Carney Hospital, where a blood sample was taken; analysis of that sample, taken on the morning of May 20, suggested that his blood-alcohol content at the time of the collision was above .08, the legal limit for driving.

Jennifer Sears was the DA’s assigned victim-witness advocate. McCoy was represented by attorney Anne Rousseve.

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All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.


Teen Charged with Second-Degree Murder in Fatal Stabbing

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BOSTON, June 30, 2016—The Suffolk County Grand Jury has returned indictments charging a 16-year-old juvenile with the fatal stabbing of 15-year-old Deon Hopkins earlier this year, District Attorney Daniel F. Conley said.

The indictments, returned yesterday afternoon, charge AMARI POPE (D.O.B. 10/5/99) of Dorchester with second-degree murder and misleading a police investigator. They supersede a Dorchester Municipal Court complaint on which Pope was arraigned the day after Hopkins’ Feb. 21 stabbing death. Pope will be arraigned on the indictments in Suffolk Superior Court on July 17.

Prosecutors say Hopkins suffered a fatal stab wound during an afternoon encounter with Pope on Columbia Road. Pope allegedly saw the victim approaching, retrieved a knife, and then followed and stabbed him. After the stabbing, Pope allegedly destroyed and secreted evidence, including the knife.

Responding Boston Police officers learned of Pope’s involvement in the stabbing shortly after the homicide. Pope alleged made statements during a subsequent interview and homicide detectives later placed him under arrest based on evidence and witness statements gathered during the hours that followed.

Eliana Builes is the DA’s assigned victim-witness advocate. Pope is represented by attorney David Apfel.

 

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All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

30-Year Term in Rape, Beating that Severely Injured Victim

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BOSTON, June 30, 2016—A rapist identified through a DNA match was sentenced to up to 30 years in prison for attacking a woman in East Boston – and will only begin that sentence when he completes his current prison sentence on an unrelated conviction, Suffolk County District Attorney Daniel F. Conley said.

A Suffolk Superior Court Jury on Monday convicted THOMAS CRADOCK (D.O.B. 10/27/88) of aggravated rape, assault with intent to murder, aggravated assault and battery with a dangerous weapon, and aggravated assault and battery. At a hearing yesterday, Suffolk prosecutors recommended that he serve 30 to 35 years in state prison followed by 10 years of probation.

Judge Christine Roach sentenced Cradock to a term of 25 to 30 years in prison followed by 10 years of probation. She granted a request by Burdman that the sentence begin only when Cradock completes the five-year prison sentence he is currently serving on a Plymouth County conviction for beating and stabbing a man in 2012.

Prior to imposing the sentence, Roach heard a devastating impact statement in which the woman Cradock attacked recounted the physical and emotional consequences of the 2011 assault, including difficulty with walking, balance, verbal expression, and trusting others.

“My life will never be the same because of what you did to me,” she told Cradock. “You almost killed me … but I am not broken. I have worked incredibly hard to get my life back, and there is more to come. I am not a victim of your attack on me. I am a survivor. You took my life away from me and I have taken it back.”

During the week-and-a-half-long trial, Assistant District Attorneys Tara Burdman and Elle Rackemann introduced evidence and testimony proving that, in 2011, Cradock lived with his parents at an East Boston address close to the scene of the attack. They also introduced expert testimony showing the inescapable link between biological evidence left by the perpetrator and Cradock’s unique genetic profile.

An East Boston resident called 911 on the morning of Sept. 21, 2011, after observing the woman unconscious and badly injured in a vacant lot. The woman was transported to Massachusetts General Hospital with multiple fractures and bruises across her body. She had suffered a traumatic brain injury and required multiple surgeries.

A rape kit revealed that the woman had been sexually assaulted, and Boston Police criminalists extracted a DNA profile from biological evidence left by the attacker. The profile was uploaded to CODIS, the FBI’s Combined DNA Index System. It remained on file until 2014, when Cradock was convicted in Plymouth County of stabbing and beating a man in Marshfield. Because they were felony convictions, he was ordered to supply a DNA sample to the state’s DNA database, which is shared with CODIS.

The unknown profile from the attack “hit” on Cradock’s profile, Boston Police sexual assault investigators obtained a confirmatory swab of his DNA for comparison with the crime scene evidence, and he was indicted last year.

Sexual assault can happen to anyone. While the victims of any crime should call 911 in an emergency, survivors of sexual violence can also call their local rape crisis center for free and confidential services and to discuss their options.  Services by city and town can be found at www.janedoe.org/find_help/search.

In Suffolk County, the Boston Area Rape Crisis Center (www.barcc.org) offers a free and confidential 24-hour hotline at 800-841-8371. The Boston Area Rape Crisis Center provides medical accompaniment and many other free services to victims of rape and sexual assault. Suffolk victim-witness advocates can assist in referrals to BARCC and a wide array of non-profit service providers who can offer additional support and services.

Anne Kelley-McCarthy was the DA’s assigned victim-witness advocate. Cradock was represented by attorney Alyssa Hackett.

 

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All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

Two in Custody after Assault, Shooting in Winthrop

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WINTHROP, July 3, 2016–Two men are in custody and a third is in critical but stable condition after a physical confrontation at a Winthrop party ended in an overnight shooting, Winthrop Police Chief Terence Delehanty and Suffolk County District Attorney Daniel F. Conley said.

ANDREW GUILFOYLE (D.O.B. 6/3/85), the resident of the Winthrop home, and JARED DAMELIO (D.O.B. 2/25/88), a partygoer, are both charged with assault and battery with a dangerous weapon and are expected to be arraigned in East Boston Municipal Court on Tuesday.

The victim, a 27-year-old Stoneham man, is being treated after surgery at Massachusetts General Hospital.  The preliminary evidence gathered by Winthrop and State police suggests that this man had been involved in a fistfight at the 233 Revere St. party late last night.  The man left the party and returned with others shortly after midnight. He and others in his group were unarmed.

When a second fight broke out, Damelio allegedly struck the victim in the head with a baton and encouraged Guilfoyle to “get the gun.”  Guilfoyle at this point retrieved a rifle, which he lawfully owned. Guilfoyle allegedly fired the rifle once at the victim, striking him in the upper abdomen.

Responding emergency medical technicians transported the victim to MGH with life-threatening injuries. Winthrop Police recovered the rifle at the scene. Guilfoyle allegedly admitted owning and using during the conflict.

In light of the seriousness of the victim’s injuries, Winthrop Police notified the Suffolk County State Police Detective Unit, which has jurisdiction over death investigations in Chelsea, Revere, Winthrop, and parts of Boston. Because the victim is now expected to survive, Suffolk SPDU and additional State Police assets are assisting in the investigation as it is led by Winthrop detectives.

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All defendants are presumed innocent until proven guilty beyond a reasonable doubt

“Superstar” Prosecutor Lauded for Service to Residents of Chelsea, Revere

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BOSTON, July 5, 2016—A Suffolk prosecutor assigned to Chelsea District Court was honored recently for her community-minded work in and out of the courtroom, District Attorney Daniel F. Conley said.

During the 13th Annual Suffolk Awards, held last month at Suffolk University Law School, prosecutors, advocates, civilian investigators, and support staff were honored for their outstanding efforts on behalf of the communities of Boston, Chelsea, Revere, and Winthrop.

Assistant District Attorney Stacey Pichardo was recognized with the Brian J. Honan Award for Excellence in the Courtroom and Commitment to the Communities We Serve – among the highest honors presented each year, and one that Conley said every prosecutor should aspire to. 

Assistant District Attorney Stacey Pichardo, center, receives the Brian J. Honan Award for Excellence in the Courtroom and Commitment to the Communities We Serve from Honan’s brother, State Representative Kevin Honan. With them are (from left) Suffolk District Attorney Dan Conley; Honan’s mother, Mary Honan; and his sister, Clare Coughlin.

Assistant District Attorney Stacey Pichardo, center, receives the Brian J. Honan Award for Excellence in the Courtroom and Commitment to the Communities We Serve from Honan’s brother, State Representative Kevin Honan. With them are (from left) Suffolk District Attorney Dan Conley; Honan’s mother, Mary Honan; and his sister, Clare Coughlin.

“Stacey is not only an outstanding prosecutor,” Conley said. “She’s also a dedicated advocate for the people and communities she serves.  She represents the very best of what it means to be a Suffolk prosecutor – diligence, integrity, fairness, and passion for public service.”

The award is given each year in honor of late Suffolk prosecutor and Boston City Councilor Brian Honan. It was delivered by Honan’s brother, State Representative Kevin Honan, who said, “As a teacher, as a prosecutor, and as a city councilor, my brother Brian had a vision of inclusion that welcomed everyone, no matter who they might be or where they might hail from. Assistant District Attorney Stacey Pichardo lives out that vision today.  In her current assignment, she serves the people of Chelsea and Revere, and in particular their large immigrant communities, with compassion, respect, and the highest level of professionalism.”

In addition to her day-to-day work arraigning, assessing, trying, and disposing cases in Chelsea court, Pichardo took part in this year’s Advanced Trial Training program, which brings young prosecutors and defense attorneys together from across Massachusetts to hone their trial advocacy skills. One of her mentors in that program, a senior prosecutor assigned to the DA’s Appellate Division, described her courtroom skills as “fantastic” and said she had a “polish” that was far beyond her three years on the job.

In addition to her work in the courtroom, Conley said, Pichardo has also spoken to Chelsea youth through the Summer Youth Employment Program; to Boston Public Schools students participating in Conley’s Overcoming Violence program; and to participants in the Latina Women Moving Forward program, which connected her with other young women of Latina ancestry.  Pichardo, who was born in the Dominican Republic, recounted the experience as particularly gratifying because, she said, “Pursuing a profession as a doctor or lawyer in my culture was routinely viewed as a path reserved only for men. It is very rewarding to have an opportunity to show young Latina women differently and perhaps inspire them to pursue their goals.”

Pichardo has earned the respect of police officers, detectives, and administrators in the course of her work, as well. After speaking to criminal justice students at Bunker Hill Community College on the role of the prosecutor earlier this year, the students’ professor – Chelsea Police Chief Brian Kyes – called Pichardo a “superstar” who earned the class’ admiration and gratitude.

“The entire class was absolutely thrilled with her classroom presentation and could not stop asking questions throughout.  There were students who I have never heard speak over the last month or so that had numerous questions for Stacey,” Kyes wrote in a letter to Conley praising Pichardo.  “She represented your office as well as the law profession with class, professionalism, and dignity.”

Revere Police Chief Joseph Cafarelli echosed those thoughts, saying, “We have enjoyed a professional relationship with Stacey Pichardo during her tenure at the District Attorney’s Office and look forward to continuing that relationship. The award is well deserved.”

A 2008 graduate of Norwich University with a degree in criminal justice and Spanish, Pichardo went on to study at Suffolk University Law School.  She interned alongside Suffolk prosecutors in East Boston Municipal Court and in Conley’s Gang Unit before she was hired as an assistant district attorney in 2013.

 

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Suspect in 1987 Cold Case Murder Due in Court Thursday

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BOSTON, June 30, 2016—The former Boston resident accused of murdering Dora Brimage almost 30 years ago will likely face arraignment Thursday in Suffolk Superior Court, District Attorney Daniel F. Conley said.

JAMES PAIGE (D.O.B. 3/28/66) has waived rendition proceedings in connection with last week’s indictment charging him with first-degree murder in Brimage’s 1987 strangulation. He is currently in custody on unrelated charges in Hillsborough County, New Hampshire, where Boston Police detectives will take custody of him tomorrow.

Paige will be transported to Boston for booking and processing in advance of his arraignment Thursday morning in the Magistrate Session of Suffolk Superior Court.

Brimage was found badly beaten, sexually assaulted, and strangled to death in a vacant Warren Street storefront on the morning of Sept. 7, 1987. After biological evidence was tested under a federal grant for cold case investigations, Boston Police detectives uploaded a DNA profile from that evidence to a nationwide DNA database in 2014. That profile matched Paige’s, which was submitted after a felony conviction.

The match led to a renewed investigation by the homicide units of the Suffolk DA’s office and Boston Police Department and a June 27 indictment by the Suffolk County Grand Jury.

 

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All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

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