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Archive for the ‘Criminal Defense News’ Category

The death-penalty sentence for Gary Sampson, as a result of convictions for multiple murders in 2001, has been reversed and a new sentencing trial has been ordered because a juror lied when answering a jury form.

A Mere Technicality?

The juror, identified only as “C,” failed to truthfully answer several questions on a jury questionnaire. During the jury selection process, she failed to disclose that she had been the victim of domestic violence and that her husband had in fact threatened her with a rifle. The juror failed to reveal many circumstances and experiences that would otherwise have disqualified her participation as a juror in the trial.

Read the full story here:  Death Sentence Overturned on Juror Misconduct

In Melendez–Diaz v. Massachusetts, the United States Supreme Court ruled that a chemical test report submitted by a state laboratory analyst is testimonial in nature. As a result, in all criminal prosecutions, the Commonwealth must call the analyst who tested the substance to testify in court that the substance in fact is an illegal drug.

The analyst’s presence is necessary to satisfy the requirements of the Confrontation Clause of the Constitution.

Read the full article here:  http://www.davidyannetti.com/CM/Articles/Confrontation-Clause-Ruling-To-Be-Applied-Prospectively-Only.asp

On October 18, 2010, United States District Court Chief Justice Mark L. Wolf sentenced Nicholas Djokich to 20 years in a federal penitentiary for his role in a 2008 international kidnapping and murder-for-hire plot. As a result, Djokich will not be eligible for parole until 2026, when he will be 76 years old. Djokich was represented by the firm of Denner Pellegrino in Boston, Massachusetts.

Djokich, 60, is a Canadian national who was arrested in the United States in 2008 on charges of conspiracy to commit kidnapping and conspiracy to commit murder-for-hire. The target of his plot was Attorney Richard DeVries, a lawyer from the Bahamas. Djokich believed that DeVries had swindled him out of millions of dollars in a fraudulent investment scheme. Djokich therefore hatched a plan to send a hit man to the Bahamas to pressure DeVries into paying the money back. Djokich told the hit man that he would not mind if, after DeVries was forced to pay the money, the hit man “took DeVries fishing and he never came back.”

The “hit man” Djokich hired, however, was actually an undercover police officer from Boston, M.B.T.A. Detective Peter Pasciucco.

Read the rest of the article at:  http://www.davidyannetti.com/CM/Articles/DeAngelis-notguilty-trial.asp

In Massachusetts, a driver pulled over under suspicion of DUI or OUI may be offered a breathalyzer test. If the driver elects to take the test, then under Massachusetts law, he would be required to give two breath samples. Only the lower of the two readings, however, may be used against the driver in court. Massachusetts does not permit the use of the higher reading because the purpose of the second sample is to ensure accuracy, not to add to the prosecution’s case. Despite this, in the case against Dennis Steele, prosecutors in Franklin and Hampshire Counties attempted to have the second breath reading admitted into evidence court, claiming its importance as evidence.
In Commonwealth v. Dennis P. Steele, the Massachusetts Supreme Court issued a ruling of great importance to drunk driving cases across the state. Read about the court’s decision, as well as the impact this ruling will have for those accused of DUI or OUI in Massachusetts.

Read the full article: Massachusetts Supreme Judicial Court Decides for Driver In DUI Question

Do the police need a warrant to track you with a global positioning system (GPS) device? It seems like an obvious question, still, last September the Massachusetts Supreme Court ruled on just such a case in Commonwealth v. Connolly.

The case revolved around Everett H. Connolly, a suspected drug dealer, who was being investigated by the police. As part of the investigation, officers affixed a GPS device to Connolly’s vehicle. The information they were able to gather from the device eventually led to Connolly’s arrest and conviction on drug charges.

Connolly argued that the police had not had a valid warrant at the time of the arrest and had violated his Fourth Amendment rights, which protect him from illegal search and seizure. After hearing arguments from both sides, the Massachusetts Supreme Court clarified the rights of police officers and reached a verdict many have cheered as a win for individual rights.

Read full the article: Massachusetts Court Rules Police Must Have Warrant for GPS Devices

Today, David Yannetti is a respected and highly regarded criminal defense attorney based in Boston. In 1998, however, he was on the other side of the aisle and served as the lead prosecutor in the criminal trials resulting from the infamous murder of 10-year old Jeffrey Curley. In late 2008, Attorney Yannetti was asked to re-create his closing argument from that case at the “Battle of the Lawyers” charity event sponsored by Massachusetts Lawyers Weekly.  Attorney Yannetti’s presentation  won the trophy for “Most Compelling Argument”

In June, 2009, Brian Macquarrie, a reporter for the Boston Globe, published “The Ride” — the book that tells the story of the murder and its aftermath, including details of Yannetti’s prosecution. The new book prompted Yannetti to revisit the courtroom where he had sought justice for Jeffrey Curley over 10 years before. It was an emotional affair for the Boston lawyer.

Not long after the Curley case, David Yannetti went on to open his own Boston law office and, since then, has gathered extensive criminal defense experience — including DUI/OUI, domestic violence, drug and weapons charges.

Read the full story: Former Prosecutor Yannetti Revisits “The Ride”

Sexting has been a rising legal – and social – concern, as growing numbers of teens engage in the practice of sending racy photos of themselves or others to boyfriends, girlfriends and sometimes even strangers. Many parents are curious to know about the legal implications should their child become a victim or offender in a sexting case.

Although there are no laws in Massachusetts that directly deal with sexting, offenders can be tried on child pornography charges.

Massachusetts attorney David Yannetti gives a breakdown of the Massachusetts’ laws and penalties pertaining to the mostly gray area surrounding this activity. With experience in both cases involving sex offenses and those centered on juvenile offenses, Yannetti is the ideal attorney to guide one through the legal ramifications in this evolving issue.

Read the full story here: The Legal Ramifications of Sexting

David Yannetti, was selected to present his much-lauded closing argument from the  1998 Jeffrey Curley murder trial at the 2008 “Battle of the Lawyers” event.

Yannetti, a Boston-based criminal defense attorney, has spent the past 10 years establishing himself as one of the most preeminent defense lawyers in Massachusetts. Before opening his law office in 1999, Yannetti served as a prosecutor in Middlesex County. His experience on both sides of the aisle gives him unique insight and he has been designated numerous times as an outstanding attorney.

The Battle of the Lawyers is a yearly event in which distinguished lawyers from around Massachusetts recreate closing arguments from past notable trials. In 1998, Yannetti’s closing in the Jeffrey Curley case sealed convictions for both murderers and continues to be highly regarded in the legal community.

Read the full story:  Attorney Yannetti Slated to Compete in “Battle of the Lawyers”