Recent Violent Crime Cases
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.
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