City Hall

News

Court upholds sentence for son of Boston police officer and Union head convicted of plotting Columbine-style massacre

Court upholds sentence for son of Boston police officer convicted of plotting Columbine-style massacre By adamg – 10/27/10 – 11:27 am http://www.universalhub.com/2010/court-upholds-sentence-son-boston-police-officer-c The Supreme Judicial Court ruled today that Joseph Nee was fairly convicted on a charge he conspired with other students at Marshfield High School to massacre students and teachers they didn’t like. Nee was convicted in 2008 and served nine months in state prison. In his appeal, Nee, son of Boston patrolmens union President Thomas Nee, argued the verdict should be overturned because he had renounced his part in the plot by telling a Marshfield police officer about it before it could be carried out. In a unanimous ruling, the state’s highest court said that even if it agreed Nee had a right to argue “renunciation” – something Massachusetts law does not seem to allow – it still would have found him guilty: For the defendant to be entitled to the affirmative defense of renunciation, he must first have acknowledged that he conspired to commit a crime. This the defendant did not do. At the meeting at the Marshfield police station the defendant did not inform the police of his own participation in the conspiracy to “shoot up” the school. Nor is there evidence that he informed [the other students in the plot], or anyone else that he was abandoning the conspiracy. Rather, when the defendant spoke to the police about the plan, he placed exclusive blame on Kerns. He cannot be found to have “renounced” an enterprise in which he denied participation. For the complete rulinghttp://www.universalhub.com/2010/commonwealth-vs-joseph-nee COMMONWEALTH vs. Joseph NEEBy adamg – 10/27/10 – 11:06 amNOTICE: The slip opinions and orders posted on this Web site are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. This preliminary material will be removed from the Web site once the advance sheets of the Official Reports are published. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us COMMONWEALTH vs. Joseph NEE. SJC-10634. September 7, 2010. – October 27, 2010. Conspiracy. Evidence, Conspiracy. INDICTMENT found and returned in the Superior Court Department on October 22, 2004. The case was heard by Charles M. Grabau, J. The Supreme Judicial Court granted an application for direct appellate review. Frances L. Robinson (Thomas Drechsler with her) for the defendant. Karen H. O’Sullivan, Assistant District Attorney, for the Commonwealth. Present: Marshall, C.J., Ireland, Spina, Cowin, Cordy, Botsford, & Gants, JJ. MARSHALL, C.J. In February, 2008, after a jury-waived trial in the Superior Court, the defendant was convicted of conspiracy to commit murder in connection with a Columbine-style plot [FN1] to kill students and school personnel at a public high school in the Commonwealth. [FN2] See G.L. c. 274, § 7. He was sentenced to two and one-half years in a house of correction, nine months to be served with the balance suspended, and two years of probation commencing on his release. The defendant appealed, and we granted his application for direct appellate review. [FN3] The defendant argues that we must reverse the conviction because (1) the evidence at trial was insufficient to establish that he had the requisite intent to commit conspiracy; (2) the judge erred in refusing to recognize and apply the renunciation defense; [FN4] and (3) refusing to apply the renunciation defense in this case would violate the defendant’s due process rights where it was not clear whether the defense was available when the defendant committed the acts for which he was convicted. We affirm. 1. Facts. We summarize the evidence presented at trial in the light most favorable to the Commonwealth, considering the evidence at the close of the Commonwealth’s case. See Commonwealth v. Kelley, 370 Mass. 147, 150 (1976). [FN5] On September 16, 2004, the defendant, Daniel Farley, and Joseph Sullivan, then all students at Marshfield High School (school), attended a meeting with five Marshfield police officers at the Marshfield police station. The meeting had been arranged at the defendant’s request by Officer Helen Gray, a Marshfield police officer assigned to duty as the school’s “resource officer.” [FN6] Over the course of a few hours the defendant and his companions informed the police officers that since the previous winter another student, Tobin Kerns, had developed an elaborate plot to “blow up the school.” The defendant, in particular, described the plot in detail. None of the three friends indicated that they were involved in the plot, or implicated each other in the plot. Marshfield police officers subsequently arrested Kerns and obtained a warrant to search his home, where they discovered, among other things, a list of supplies and weaponry in a notebook, and evidence of computer searches pertaining to weapons, pipe bombs, and other explosives. See Commonwealth v. Kerns, 449 Mass. 641, 646 (2007). The defendant did not testify at trial. Farley and Sullivan testified pursuant to grants of immunity. [FN7] They testified that during the winter of 2003 and spring of 2004, they would “hang out” with Kerns and the defendant “[a]lmost every day.” In the winter of 2003, the defendant told Farley of a plan to “shoot up” the school and asked whether Farley was interested in joining him. On a subsequent occasion when Kerns was also present, the defendant asked Kerns whether Kerns would be interested in joining the defendant in “shooting up the school.” Kerns and the defendant together discussed the plan with Sullivan and asked him whether he would be interested in participating. The plan that Kerns and the defendant proposed involved a multifaceted assault on the school to take place the following school year on or near the anniversary of the murders at Columbine High School. Kerns and the defendant, along with Farley, Sullivan, and perhaps one other student, were to shoot and kill targeted students, teachers, and other staff at the school using an assortment of automatic and semiautomatic weapons.

News

Defense rests in Chuck Turner corruption trial

Defense rests in Chuck Turner corruption trialBy Laurel J. Sweet  |   Wednesday, October 27, 2010  |  http://www.bostonherald.com  |  Local Politics Jurors will tomorrow begin deliberating the fate of City Councilor Charles ‘Chuck’ Turner, seen here outside U.S. District court in Boston yesterday, where he is being tried on bribery charges.Photo by Mark Garfinkel Jurors will tomorrow begin deliberating the fate of Charles “Chuck” Turner, whose defense abruptly rested this morning after — over the objection of his attorneys — the city councilor took the witness stand for a second straight day. The brief and sometimes bizarre proceeding concluded with a Turner supporter being removed from the packed federal courtroom by security for standing up and silently mimicking applause. Close arguments will also be presented tomorrow. Outside U.S. District Court in Boston, Turner’s defense lawyer Barry Wilson said, “He should be proud of himself for what he’s done here.” Wilson also railed against federal authorities for trying to take the popular Roxbury pol down on charges he took a $1,000 bribe to help a Boston businessman turned FBI informant obtain a liquor license for a proposed nightclub. “All they tried to do was besmirch a man’s reputation,” Wilson said. “It’s a little hard to not want to get up there (on the witness stand) and not say what you believe.” Though cross-examined for only an hour by assistant U.S. Attorney John T. McNeil, an oft-rambling Turner, 70, was repeatedly rapped today by Judge Douglas P. Woodlock for seemingly evading answering the prosecutor’s questions and for using the hot seat as a soapbox. “I’m just trying to do my job,” Turner frequently said, while artfully peppering his answers with inflammatory phrases such as “sting operation” and “sprung your trap” to characterize his plight. He is accused of attempted extortion and making false statements to the FBI. Turner called the alleged cold-cash handoff by Wilburn “a minister’s handshake” and said he never looked down at what he was being given. He told McNeil, however, he would have thought it “strange” if he had seen money in his hand. Turner acknowledged blogging at one point that President Obama and Vice President Biden may have been part of a conspiracy to unseat him, telling McNeil, “It’s one line of thought. I don’t know if it’s true. It’s worth thinking about.” He also admitted accusing FBI agents who questioned him about informant Ronald Wilburn in August 2007, more than a year before Turner’s arrest, of working for racists and telling them, “If you take out all the corrupt politicians, you take out 90 percent.” At one point, Turner insisted a color photograph McNeil showed him of Wilburn was black and white. Wilson passed on Woodlock’s offer to step in when McNeil was finished. Later, Wilson told reporters, “The jury’s had an opportunity to learn who Mr. Turner is. Mr. Turner did what he felt he had to do. “What people should question is what was going on here. There was no understanding, no agreement, that Mr. Turner was going to do anything beyond his job. That’s what the facts showed before Mr. Turner even addressed the jury.” Former state Sen. Dianne Wilkerson, who Wilburn also took down with bribe money she was infamously photographed stuffing in her bra at a Beacon Hill restaurant, is awaiting sentencing. Article URL: http://www.bostonherald.com/news/politics/view.bg?articleid=1291879

News, Youth

Boston police to review use of force in arrest

Boston police to review use of force in arrest October 27, 2010 http://www.boston.com/news/local/massachusetts/articles/2010/10/27/boston_police_to_review_use_of_force_in_arrest/ BOSTON –Boston Police Commissioner Edward Davis has ordered an internal review to determine whether officers used excessive force to arrest a teenage boy at Roxbury Community College. Davis said Wednesday he ordered the review after video footage of the arrest was posted on YouTube, showing at least one officer punching the 16-year-old and repeatedly using a knee to hit him as he lay face down on the floor, subdued by at least five police officers. The teen is heard screaming and asking the officer why he was hitting him in the back. The internal affairs review will investigate if the force used was reasonable and necessary. Police said the boy was arrested Friday for escaping from a juvenile detention facility and on outstanding warrants. FOR THE VIDEO OF THIS INCIDENT GO TO

News

On stand, Chuck Turner has ‘no memory’ of bribe

On stand, Chuck Turner has ‘no memory’ of bribeBy Richard Weir  |   Wednesday, October 27, 2010  |  http://www.bostonherald.com  |  Local Politics MORE HARM THAN GOOD? Chuck Turner took the stand in his own defense yesterday, denying he accepted a bribe from FBI informant Ronald Wilburn. Legal experts agree he may have been better off not testifying.Photo by Mark Garfinkel Chuck Turner’s decision yesterday to take the witness stand in his corruption trial — only to suffer complete memory loss regarding an alleged bribe in 2007 — was a bold but risky gambit that could sabotage his case, legal experts told the Herald. “In my opinion, it was a damaging move,” said defense attorney and former prosecutor William Kickham. “There is nothing to explain why he would not remember such a memorable event.” Longtime defense lawyer William Gens said Turner would have been more shrewd simply attacking the prosecution’s case, rather than asking jurors to find him believable. “Once you put your client on the stand, you take the presumption of innocence and the burden of proof and throw it out the window because the jury is now thinking … who has the better case,” he said. “If I was his counsel, I would not be too pleased.” Turner was the first witness called in his defense after the prosecution rested. He is on trial in federal court for allegedly taking a $1,000 bribe from Ronald Wilburn in exchange for helping the Roxbury nightclub operator try to score a coveted liquor license for a planned superclub. Wilburn, a reluctant government witness paid nearly $30,000 by FBI agents for his role in the same sting that brought down state Sen. Dianne Wilkerson, testified last week how he secretly videotaped slipping Turner the wad of cash in the councilor’s district office Aug. 3, 2007. Asked by one of his lawyers, John Pavlos, if he took the bribe, Turner said, “Not at all,” adding, “Why would somebody give me that kind of money? It would make such a strange occurrence. It would create a memory.” Under a withering cross-examination by Assistant U.S. Attorney John McNeil, an unflappable Turner repeated over and over that he had no memory of sitting down with Wilburn. “You’ve seen the videotape three times. Are you denying today meeting Mr. Wilburn on Aug. 3, 2007?” McNeil asked. “I have no memory of meeting with him,” Turner said, prompting McNeil to fire back, “Do you have a special blank for Ron Wilburn?” “No,” Turner said. McNeil then grilled Turner about what appears to be the large bills being slipped into his palm. “But something changed hands, Mr. Turner,” McNeil said. “It looks like that. I don’t know. I couldn’t see it,” Turner replied. “I don’t remember what happened that day.” Article URL: http://www.bostonherald.com/news/politics/view.bg?articleid=1291797

News

Unflappable Turner takes the stand

Unflappable Turner takes the standBy Richard Weir  |   Tuesday, October 26, 2010  |  http://www.bostonherald.com  |  Local Politics Photo by Mark Garfinkel It was Chuck Turner’s turn on the stand today and the 70-year-old councilor swore he has no memory of an alleged $1,000 bribe being slipped into his hand by a businessman working for the FBI. Turner, dressed in a suit and purple tie, was unflappable as he denied any culpability in the Aug. 3, 2007, exchange — even under a withering attack from prosecutor John McNeil. McNeil peppered Turner with one question after another about the alleged money transfer between the Roxbury pol and entrepreneur-turned-informant Ronald Wilburn. “Do you have a special blank for Ron Wilburn?” McNeil asked. “No,” Turner said. Asked about being slipped the money — as prosecutors maintain took place and was captured on a hidden camera — Turner said, “I don’t know.” “But something changed hands, Mr. Turner,” McNeil shot back. “It’s looks like that, but I don’t know. I couldn’t see it,” Turner said. When asked about the reported cash bribe by his own attorney John Pavlos, Turner said it left him puzzled and still does. “Why would somebody give me that kind of money?” Turner said. “It would make such a strange occurrence. It would create a memory. “I saw it on the tape,” Turner later said. “It seems like there’s something there … I have no memory of it. The tape was not clear.” Turner is due back on the stand in the morning in U.S. District Court in Boston. Yesterday outside court Wilburn said jurors “will crucify (Turner’s) ass.” When told of Wilburn’s assertions yesterday, Turner said he would leave it up to jurors to decide if he is telling the truth. Article URL: http://www.bostonherald.com/news/politics/view.bg?articleid=1291698

News

Chuck Turner vows to testify

Chuck Turner vows to testifyBy Richard Weir  |   Tuesday, October 26, 2010  |  http://www.bostonherald.com  |  Local Politics Photo by Matthew Healey An undaunted Chuck Turner vowed to take the witness stand in his corruption trial, saying outside a federal courtroom yesterday that as a public official he has a responsibility to personally attest to his own innocence. “Why would I be afraid?” asked the 70-year-old Boston city councilor. “If I’m guilty, of course, I don’t want to testify. But I’m innocent. . . . I am being accused of a horrendous crime, I have to be accountable.” But if the sixth-term councilor does testify on his own behalf, the jurors “will crucify his ass,” Ronald Wilburn, the federal government’s reluctant witness, told reporters outside the courtroom. “He’s gone. . . . They’re going to nail him on perjury,” Wilburn said after wrapping up his third day of testimony and an exhausting cross-examination by Turner’s defense lawyer, Barry Wilson. When told of Wilburn’s assertions, Turner said he would leave it up to jurors to decide if he is telling the truth. “This is America. Mr. Wilburn is entitled to his opinion,” Turner said. Wilburn last week testified — after a judge threatened him with jail if he didn’t — about how he secretly videotaped handing Turner a $1,000 bribe on Aug. 3, 2007. Yesterday, Wilson grilled Wilburn on his money woes and how FBI payments totaling $29,000 were his main source of income. “They were really upset,” Wilburn said when Wilson asked the former nightclub operator whether he was “criticized” by peers after his identity as a key player in the FBI sting against Turner and then-Sen. Dianne Wilkerson was revealed. Wilburn, prodded by the FBI, reached out to Wilkerson in 2007 and asked her for help in securing a coveted liquor license for a Roxbury supper club he wanted to open. He ultimately met with Wilkerson five times, paying her a total of $6,500 in bribes for her behind-the-scenes bidding with City Hall. Wilkerson, who resigned from office, pleaded guilty four months ago to attempted extortion for taking the bribes and other charges. Wilburn has testified that he slipped a $1,000 cash bribe to Turner in his Roxbury office and recorded it through a camera planted in a briefcase. “He took the money. He took the $1,000,” Wilburn asserted outside the courtroom yesterday. In an attempt to further link Turner to the Wilkerson bribery scheme, the prosecution yesterday called City Councilor Bill Linehan, who testified that in August 2007 Turner asked him as the new head of the council’s economic development committee to set a hearing on the denial of many liquor licenses in a minority “empowerment zone.” Then, Linehan said, “(Turner) said he had to check and see if it would work for Sen. Wilkerson. He had asked that she be invited to the hearing once it was scheduled.” Article URL: http://www.bostonherald.com/news/politics/view.bg?articleid=1291545

News

FBI: Chuck Turner denied being offered bribe

FBI: Chuck Turner denied being offered bribe By Marie Szaniszlo  |   Thursday, October 21, 2010  |  http://www.bostonherald.com  |  Local Politics Photo by Matt Stone Jurors in the federal corruption trial of City Councilor Chuck Turner yesterday heard another day of testimony without hearing from the government’s star witness, who’s still digging in his heels about taking the stand. Instead of calling Ron Wilburn, prosecutors yesterday brought in FBI Special Agent Julia Cowley, who testified that when she told Turner that state Sen. Dianne Wilkersonhad been arrested for allegedly taking bribes from Wilburn, Turner denied that the Boston businessman had ever offered him money, as well. “He did acknowledge public corruption was a problem,” Cowley testified. “He said (if) you take out all the corrupt politicians, you take out 90 percent and leave us 10 percent.” Special Agent Scott Robbins testified that under a “personal services agreement” Wilburn signed May 24, 2007, the FBI paid him from $1,500 to $3,000 per month to secretly record conversations with Turner and offer him bribes in exchange for his help in obtaining a liquor license. In all, Wilburn made a total of 130 secret recordings for the FBI, which paid him almost $30,000 for his cooperation, Robbins said. Under cross-examination by defense attorney Barry P. Wilson, the agent acknowledged that he didn’t always display on camera the bribe money he purportedly was giving Wilburn. But on those occasions, he later added, he would Xerox the money as a way of recording the exchange. When asked how thoroughly he had checked into Wilburn’s background before agreeing to use him as a cooperating witness, Robbins said he knew mainly that Wilburn was a “business consultant.” “What does that mean?” Wilson scoffed, noting that Wilburn’s prior business venture had “not done so well.” “What was he advising (an associate) on? How not to succeed?” Wilson argued the only help Turner provided Wilburn was to call a City Council hearing about liquor licenses for minority-owned businesses. “Isn’t that part of his job, holding hearings?” Wilson asked. “Yes,” Robbins answered. “It’s not illegal to hold a fund-raiser, is it?” Wilson asked. “No,” Robbins said. “Money is the blood that keeps everybody going in politics,” Wilson said. “To a large extent,” Robbins answered. On Tuesday, jurors watched a secretly recorded video showing Wilburn thanking Turner for arranging a hearing for a liquor license, but the video did not clearly record any cash transfer as they shook hands. “You take the wife to dinner . . . and have some fun,” Wilburn told the councilor in the video of their Aug. 3, 2007, meeting in Roxbury. “I’ll talk to you after the hearing . . . and I’ll take care of you again.” Article URL: http://www.bostonherald.com/news/politics/view.bg?articleid=1290364

News

City Hall clerk out on bail in OxyContin case

City Hall clerk out on bail in OxyContin case By O’Ryan Johnson  |   Thursday, October 21, 2010  |  http://www.bostonherald.com  |  Local Coverage The City Hall clerk who was charged with picking up a delivery of about 2,000 OxyContin tablets was released on $3,000 bail following his arraignment yesterday, authorities said. Greg Horan, 30, of Boston is charged with trafficking OxyContin and possession with intent to distribute after he was arrested Tuesday morning in Post Office Square. Horan, who was a manager in the city’s worker’s compensation office and has worked at City Hall since 2004, has been placed on unpaid leave, said Mayor Thomas Menino’s spokeswoman, Dot Joyce. Suffolk District Attorney Daniel Conley’s office said prosecutors requested $75,000 bail. Horan is due back in court Nov. 19. He was arrested shortly before 11:30 a.m. after he allegedly signed for a package at a FedEx office. Authorities said inside the package were toys stuffed with roughly 2,000 pills. Article URL: http://www.bostonherald.com/news/regional/view.bg?articleid=1290358

Scroll to Top