Recent Violent Crime Cases
Commonwealth v. S.W., (Attleboro District Court, March, 2024). NOT GUILTY.
INDECENT ASSAULT AND BATTERY ON PERSON OVER 14
Client found not guilty of indecent assault and battery on a person over 14 after a jury waived trial. Attorney Caramanica represented a well-established family man with an impeccable reputation in a case where a neighbor alleged he groped her while walking her home from his house during the evening on a summer holiday. The accuser’s testimony was disputed by 3 witnesses. The accuser had also brought an earlier harassment prevention order against the man – which was not extended by the court. The trial hopefully ends an incredible ordeal the client was put through by an accuser that, according to the trial witnesses, was intoxicated during the evening and went to the home uninvited.
Commonwealth v. C.L. (New Bedford District Court, March, 2024). DISMISSED.
LARCENY FROM THE PERSON
Attorney Caramanica’s client had her case dismissed on the date of trial when the alleged victim failed to appear – despite being summonsed for trial.
Commonwealth v. C.C. (Brockton Superior Court, December 2022)
CC was charged in 1 17-count indictment with assault and battery with a dangerous weapon, assault with a dangerous weapon, kidnapping, witness intimidation, and assault and battery. The allegations were that the offenses were committed over 5 dates and involved an ex-girlfriend. After a 3-day jury trial, CC was found guilty of only 1 count of assault and battery. CC was released from custody as he had been held awaiting trial. Attorney Caramanica used a forensic nurse expert and forensic cell phone expert to completely discredit the alleged victim in the successful defense of these charges.
Commonwealth v. H.S. (Attleboro Dist. Court, September, 2022)
HS was charged with assault and battery on a family/household member, witness intimidation, unarmed robbery, and kidnapping. The prosecution moved to have HS held without bail as a danger. Attorney Caramanica moved for a speedy trial. After a 2-day bench trial, where 2 officers and the alleged victim testified, the judge found HS not guilty of all charges. The not guilty verdict was also significant to HS because he was held on a parole detainer on a state court sentence because of the allegations.
Commonwealth v. R.W. (Attleboro Dist. Court, August, 2022)
RW was charged with assault and battery on a household member and witness intimidation stemming from allegations brought by his wife. The jury found RW not guilty after a 2-day jury trial.
Commonwealth v. D.S. (Attleboro Dist. Court, May, 2022)
DS was arrested for various offenses in the City of Attleboro. The police alleged that while he was being taken into the booking area, DS committed an assault and battery on a police officer and he was then charged with assault and battery on a police officer. Attorney Caramanica promptly obtained the video of the incident, and learned other videos were not preserved. After a 2-day jury trial, DS was found not guilty. Video presentation and still photos presented to the jury by Attorney Caramanica were a key factor in the outcome of the case.
Commonwealth v. C.C. and L.C. (Attleboro Dist. Court, November, 2021)
CC and LC were charged with assault and battery on a person over 60 and strangulation. The incident allegedly involved an altercation between the AV and her twin sister and niece while the defendants were visiting to check on the health of their mother/grandmother. Attorney Caramanica demonstrated the alleged victim told multiple different versions of the events to police and the court at prior proceedings, and that her motivation was to gain control over her mother’s estate. Both CC and LC were found not guilty of all counts.
Commonwealth v. L.C. (Taunton District Court, July, 2020)
LC was charged with assault and battery on her husband. Attorney Caramanica obtained an affidavit from LC’s husband attesting that he would assert his marital privilege and not testify. The case was dismissed soon after arraignment without having to incur delays experienced from court activity restrictions due to the COVVID-19 pandemic.
Commonwealth v. J.F. (Attleboro District Court, June, 2020)
JF was charged with armed robbery and conspiracy to commit armed robbery. She was present in a vehicle stopped at a convenience store when an occupant went in and robbed the store. Attorney Caramanica filed a motion to dismiss, arguing there was not probable cause to charge JF as the evidence was only that she was merely present. The Commonwealth did not object to the motion and the charges were dismissed.
Commonwealth v. T.D. (Fall River Superior Court, February, 2020)
TD was charged with assault and battery and aggravated assault and battery on a person over 60. Attorney Caramanica gave notice that he intended on calling a former prosecutor that had handled the case to testify that the alleged victim stated she would lie if she had to in order to get a conviction. Even with this knowledge, the Bristol County District Attorney’s office would not dismiss the charges and elected to proceed with trial. A jury was selected. On the day testimony was to begin, the alleged victim did not appear and the case was dismissed.
Commonwealth v. J.A. (Fall River Superior Court, July, 2015)
JA was charged with armed robbery while masked and unlawful possession of a firearm. The prosecution’s evidence was based on video evidence and DNA obtained from items discarded nearby from the crime scene, as depicted on the video. A jury convicted JA of all charges and Attorney Caramanica appealed the verdict. The Supreme Judicial Court reversed and vacated the conviction in April, 2018. The SJC noted that there was no evidence linking JA to the items, particularly where the defense put on alibi witnesses. The appeals attorney was quoting as complementing Attorney Caramanica in his extensive and thorough cross-examination of the prosecution’s DNA analyst.
Commonwealth v. B.M. (Brockton Superior Court, Sept. 2014)
BM was one of two defendants charged with kidnapping, assault and battery with a dangerous weapon, and assault and battery. The charges stemmed from an alleged kidnapping and torture of an alleged victim over a drug dispute. At trial, Attorney Caramanica’s cross-examination demonstrated that the police withheld material evidence. The case ended in mistrial after 2 days and the prosecution elected not to retry the case.
Commonwealth v. S.M. (Brockton Superior Court, Feb. 2013)
SP was charged with assault with intent to murder, 3 counts of assault and battery, and assault and battery with a dangerous weapon for allegedly attacking his then girlfriend. During trial, Attorney Caramanica’s cross-examination of the alleged victim demonstrated her story was not supported by the physical evidence, including the testimony of a defense medical expert, and that the alleged victim’s story was motivated by revenge. After a three day jury trial, SM was found not guilty of all counts.
Commonwealth v. J.S. (Fall River Superior Court, Nov. 2013)
JS, a former Army Ranger, was charged with the attempted murder, rape, witness intimidation, aggravated assault and battery of his wife, a town clerk in the town of the incident, in a highly publicized case. Cross-examination of the alleged victim by Attorney Caramanica demonstrated her allegations were simply not credible and were contradicted by cell phone evidence, which Attorney Caramanica had preserved. Attorney Caramanica also emonstrated through the prosecution’s own medical expert that the injuries were not consistent with the llegations. After a lengthy jury trial, JS was found not guilty of attempted murder, rape, and witness intimidation. Defendant was found guilty of aggravated assault and battery.
Commonwealth v. F.A. (Attleboro District Court. Aug. 2011)
FA was charged with assault and battery with a dangerous weapon (reduced from assault to murder) based on
an incident with his former roommate at their apartment. The defense was that FA acted in self-defense. The jury returned a verdict of not guilty after trial.
Commonwealth v. L.J. (New Bedford Superior Court, June, 2010
LJ was charged with assault with a dangerous weapon. armed assault in a dwelling, entering a dwelling without breaking to commit a felony, armed assault to rob, and giving a false name. LJ testified at trial that he lived out of state and was present with friends at a home and there was a drug deal gone bad, of which he had no involvement. After a 3 day jury trial, LJ was found not guilty of all counts.
Commonwealth v. M.M. (Brockton Superior Court, May, 2010)
MM was charged with assault and battery on a corrections officer, assault and battery with a dangerous weapon, and assault and battery based on allegations arising from while he was in custody at the Plymouth County House of Corrections. The defense focused on the lack of preservation of physical evidence and the loss of a video tape that should have been maintained. After a 3 day jury trial, MM was found not guilty of all charges.
