Posted On: February 24, 2012

Massachusetts Rape Charges Filed Against BU Hockey Player

Earlier this week, the fabled Boston University hockey team received a slap shot of its own, when one of its players was arrested on Massachusetts rape charges.

A Boston University spokesperson confirmed that Max Nicastro, a defenseman on the hockey team, was arrested on Massachusetts sexual assault charges. BU police arrested Nicastro, age 21, Sunday, Feb. 19 on the Charles River Campus. They reported that a female student accused Nicastro and that allegedly, the incident occurred on campus, but little other details were released. Nicastro was arraigned Tuesday Feb. 21 in Brighton District Court on two counts of rape, and was released on $10,000 cash. As a Boston, Massachusetts rape defense lawyer, I’ve seen bail go higher and lower than that, but regardless, $10,000.00 cash is no small amount. At the arraignment, prosecutors did not reveal any information about the allegations, due to the fact that Boston Municipal Court Judge Franco Gobourne ordered all reports in the case to be impounded, citing the confidentiality interests of the alleged victim. Allegedly, the sexual assault occurred in the early hours of Sunday February 19, just hours after Nicastro scored a goal in BU’s loss to UMass-Lowell on Saturday night, February 18 at BU’s Agannis Arena. He was arrested at 6:30 AM Sunday, February 19.

Nicastro has claimed he is innocent of the charges, and his attorney has commented that, “We believe that when all the facts are out there, this will be found to not be a criminal act.” Regardless of the final outcome of this case, consider the kind of lifelong damages that can easily result from an allegation of rape or sexual assault: Nicastro was a rising star in the hockey world and was third-round pick of the Detroit Red Wings in 2008, when he was just 17. Earlier this week, a BU spokesperson confirmed that Nicastro was not only expelled from the hockey team, but he is longer a student at BU. The spokesperson refused to comment on whether Nicastro voluntarily withdrew or had been expelled. It doesn’t matter that, constitutionally, Nicastro is presumed to be innocent until proven guilty: His personal life and quite possibly his professional career are forever blemished and compromised. More so, the allegations have spread beyond just Nicastro, and impacted the entire BU sports culture: Due to the fact that another BU hockey player and the team’s top scorer, Corey Trivino, was accused of sexual assault in the past ten weeks, the entire hockey culture at BU is being investigated by the school. Trivino, who like Nicastro pleaded not guilty to the charges, was forced off the hockey team, but remained a student at the school. Not so for Nicastro: He is history at BU.

In my view as a Boston, Massachusetts criminal defense attorney, these are extremely severe consequences for a young person to face, upon the mere allegation of a sexual assault. But police, prosecutors, and society in general do not take these accusations lightly, and the consequences underscore yet again how important it is to be extremely cautious in social situations involving any kind of intimate contact. Otherwise, a person – even if he is innocent – can end up with a Scarlet Letter on his forehead, for the rest of his life.

If you or someone you care about has been accused of sexual assault or rape, it is extremely important that you obtain experienced legal counsel, and without delay. Critically, do not choose an attorney based on minimizing legal fees – in the legal profession as in elsewhere, you “get what you pay for.” Equally important, do not hire an attorney who is not extremely experienced at defending these types of cases – one who only handles them “now and again.” You will very likely be sorry for that decision. At the Law Office of William D. Kickham and Associates, we know how to defend these cases very successfully. Call us at either Ph.: (781) 320-0062, or Ph.: (617) 285-3600, or email us here for a free initial consultation. We’d be glad to assess the facts and provide you your best legal options.

Posted On: February 18, 2012

Massachusetts DNA Testing Bill Signed by Governor

A significant effort to enact a bill allowing convicted inmates to gain access to DNA testing in order to prove their innocence has passed both branches of the Massachusetts Legislature and been signed into law by Governor Deval Patrick. Under the provisions of the new law, a convict who believes that DNA testing could establish his or her innocence will be given the right to request that a court order DNA tests of the evidence that police and prosecutors introduced at trial against the defendant.

This new law is especially important. While the public wants guilty criminals locked up, especially those convicted of violent crime, that same public appears to have nowhere near the appetite to hear the true stories of prison inmates who have been wrongfully convicted based on poor and shoddy forensic and scientific evidence. As a Norfolk County Massachusetts criminal defense lawyer, I can assure you, this type of injustice happens far more often than people think. If anyone doubts this, they should visit and study the shocking stories of people who have been convicted and locked up in prison based upon faulty scientific evidence, at The Innocence Project. Far more than one conviction involving Massachusetts sexual assault & rape charges, Massachusetts murder charges, Massachusetts drug charges and Massachusetts OUI/DWI charges have been later discovered to have been based on faulty scientific evidence.

The law requires that any convict requesting DNA analysis must satisfy two prerequisites: First, the inmate must demonstrate that the particular DNA testing that is being requested was not scientifically or pragmatically available when the inmate was convicted. Second, the inmate must persuade a judge that the requested DNA testing could possibly produce new evidence that could potentially exonerate the inmate or alter his or her original conviction. Hence, the bill is not a “free pass” for every prison inmate who thinks DNA testing can reverse his or her conviction. A judge stands between the inmate and approval of the testing, and they will apply the two threshold tests very carefully.

As a Westwood and Boston, Massachusetts criminal defense lawyer, I think this new law strikes a careful and measured balance between appropriate punishment of who have been convicted on the basis of sound legal and scientific evidence, and the equally desirable goal of allowing innocent convicts to prove their innocence with the best scientific evidence available.

Posted On: February 4, 2012

Boston Rape and Murder Suspect Arraigned In Killing of Dominican Woman

This is a horrible story about a crime which, if true, is almost beyond comprehension.

One Eldrick D. Broom, 27, pleaded guilty this past week in Suffolk Superior Court to charges of the November 21 2011 aggravated rape and first-degree murder of Ms. Rosana Camilo, a mother of three who came to Boston so that her young son could receive medical care here. According to prosecutors, Camilo’s 16-year-old daughter found her mother’s lifeless and partially nude body in a rear bedroom of the apartment that Ms. Camilo lived in on Fairlawn Avenue, Boston. Broom was apprehended after an investigation produced DNA evidence linking him to the rape and murder, and he was ordered held without bail. But according to police investigators, that’s not how Broom was dealt with by the courts previously.

Broom was reportedly arrested in August on charges of assault and battery, after he was accused of beating up his pregnant girlfriend, who also lived in an apartment near where Camilo lived, according to police. He pleaded not guilty to that charge, and was free on personal recognizance when Ms. Camilo was murdered. Approximately a week after Ms. Camilo’s murder, Broom was also arrested in Brookline, this time on charges of open and gross lewdness and disorderly behavior after he allegedly urinated in public, according to court records. He was also released following that charge.

Now, this woman has been horrifically raped and murdered, the public is outraged, and understandably so. I can say this even as a Boston, Massachusetts sex crimes defense lawyer. The facts of this case are simply awful. Beyond Ms. Camilo being attacked, raped, and strangled with such force that her larynx was crushed, her17-month-old child was in his crib near his mother when she was raped and murdered. DNA evidence obtained from underneath Camilo’s fingernails link Broom to the crime, according to prosecutors. His attorney entered a plea of not guilty.

It’s this type of case that enrages the public, and fuels calls for stricter criminal sentencing laws This is seen currently with the Massachusetts Legislature’s current debate surrounding the so-called “Three Strikes Bill,” which would bar anyone convicted of three violent felonies from ever being eligible for parole. Though, in the interests of balance, it’s not presently clear to me that such a law would have prevented this defendant from being released on personal recognizance for the assault and battery offense he was charged with in August, as he was not yet convicted of that offense at the time he was released pending trial.

Regardless, the public is understandably angry and upset at the facts behind this case. As a Westwood, Massachusetts criminal defense attorney, it can be very hard to explain to people, why the presumption of innocence is so important, and how and why many defendants accused of crimes such as assault and battery are released on personal recognizance. A judge’s decision always involves consideration of a number of factors, including the offense before the court, prior offenses, and the evidence presented. Mistakes are always going to happen – and when mistakes like this happen, it’s beyond description.

My heart goes out to Ms. Camilo’s surviving daughter and husband Richard Nunez, who has told reporters that said Rosana’s world was “Our family and the baby.”

Because I’m a criminal defense attorney, doesn’t mean I don’t understand the public outcry over sentencing laws that are often perceived as too lenient. It is my hope that stronger measures can be enacted to better protect the public from violent offenders, without trampling the constitutional protections we all value – for ourselves, no less.