Whitman will face challenge on immigration issue in California general election

BAKERSFIELD, Calif. - Now that Meg Whitman has won Tuesday's Republican primary for California governor, the former eBay chief will have to figure out how to navigate an issue that was foisted on her in her effort to secure the nomination: illegal immigration.

Insurance Commissioner Steve Poizner, her Republican opponent, was making headway among conservative voters by casting her as too liberal on the issue. She regained support by fighting back, saying that she opposes amnesty and will be "tough as nails" on those without papers.

It is a dicey issue in California, which has fought this battle before. In 1994, voters approved a controversial referendum that would have denied services to illegal immigrants. The measure was thrown out by the courts. Those old battle lines still exist, and Whitman will have to soften her rhetoric to avoid provoking the wrath of groups that vociferously opposed the 1994 proposition.

But she will also have to face those voters who took her at her word that she would take a hard line similar to that of Arizona's governor.

"It's time that politicians accepted the facts instead of trying to be liked by everyone," said Lorraine Kirsch, 61, a retired sales representative from Bakersfield. Migrant labor is a mainstay in this agricultural community and the industry has attracted legal and illegal workers. "I like to see them working. However, I don't like to see them milking the system."

The sentiment was equally strong three hours south in Newport Beach, an upscale community without a strong immigrant presence. "We're drowning under the weight of it right now," said Virginia Wilcox, 55, a retired teacher and nurse. "It's real nice around here but if you go over to Costa Mesa or Santa Ana, you think you're in T.J.," she added, referring to Tijuana.

Whitman will also be under pressure from immigrant advocacy groups, and some say they are reserving judgment on Whitman because she did not come across as stridently on the issue as Poizner. "With Poizner we knew he was a lost cause," said Jorge-Mario Cabrera, spokesman for the Coalition for Humane Immigrant Rights of Los Angeles. "Whitman is trying to sound like a tough Republican but she's gone back and forth so you can't really believe her."

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Police: Traffic stop yields Yaris full of pot plants, 5th DWI arrest for driver

BOSCAWEN – Officers pulled over a 2009 Toyota Yaris on Monday night for a taillight infraction and discovered the driver had been drinking and the car was jam-packed with 51 marijuana plants, according to police.
Edouard Starbuck, 54, of Hyannis, Mass., was charged with DWI, two counts of manufacturing a controlled drug and one count of transportation of a controlled drug.

STARBUCK
Police Chief Sean Sweeney said this is Starbuck's fifth DWI arrest. He has four prior DWI convictions dating back to 1990 and six previous convictions on drug-related offenses dating back to 1986. He said Starbuck was convicted in Boston Federal Court in 1997 of possession with the intent to distribute.
Sweeney said Starbuck's car was packed with 8 to 9 boxes containing 51 marijuana plants "in the beginning stages of growth," as well as a large amount of cultivating equipment including plastic growing pots, heat lamps and a five-gallon bucket of manure.


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Jefferson gets 40 hours of service for DWI guilty plea

Timberwolves star Al Jefferson must perform 40 hours of community service and participate in a one-day drunken driving seminar for his guilty plea to misdemeanor drunken driving Thursday.

Lawyer Emanuel Serstock entered the plea on behalf of Jefferson, who wasn't required to attend the hearing in front of Hennepin County Judge Mel Dickstein.

The judge sentenced the Wolves center to 30 days in jail, but he won't have to serve the time if he performs the community service, attends the seminar and stays out of trouble. He also must pay a $300 fine.

Jefferson was arrested at 1:08 a.m. on Feb. 28, just three hours after he scored 19 points in a Wolves loss to Portland. Jefferson, who earned $12 million last season, had to sit out two games, which cost him about $293,000 in lost wages.

He immediately apologized to team owner Glen Taylor, his teammate and fans. "I made a very poor decision and I am truly sorry for that," he said.

Jefferson was pulled over for speeding as he left downtown Minneapolis, heading west on Interstate 394, after a trooper clocked his Range Rover traveling 56 miles per hour in a 40-mph zone, said State Patrol Lt. Eric Roeske. The trooper also reported observing the car drifting left over the edge of the lane, then changing to the center lane without signaling, prompting him to pull over the car.

Roeske said Jefferson was alone and cooperative, but failed a field sobriety test and a breath test registered above the .08 blood- alcohol content legal limit. He was taken to jail where he was booked on the misdemeanor charge. A blood test revealed his alcohol level at .12 percent.

A fourth-degree DWI is punishable by up to 90 days in jail and a $1,000 fine, but first-time offenders such as Jefferson generally receive lighter sentences.

In 2000, Wolves forward Malik Sealy was killed when a drunken driver crashed into his car going the wrong way on Hwy. 100 in St. Louis Park.


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Attorney General Eric Holder Praises Nation’s Drug Courts

Holder’s speech followed moving comments from successful Drug Court graduates who told the packed audience the story of their addiction, involvement with the criminal justice system and ultimate restoration in Drug Court. Holder called them a “testament” to the fact that Drug Courts significantly reduce crime and save the criminal justice system money.

The economic benefit of the nation’s 2,400 Drug Courts was a central theme of the day. Drug Court’s save communities from $3,000 up to $13,000 per participant. Holder said that if Drug Courts were expanded to serve every individual in the criminal justice system who qualifies, the savings would exceed $1 billion a year. “It is time to determine how we will put Drug Courts within reach of every individual who needs the program,” he said.

In introducing Holder, Assistant Attorney General Laurie Robinson said that the rise of Drug Courts over the last twenty-one years has “changed the way we think about criminal justice” and initiated a “movement toward collaboration, community engagement and accountability.”

“Assistant Attorney General Laurie Robinson and Attorney General Eric Holder are true champions of Drug Courts,” said NADCP CEO West Huddleston. Their leadership and innovation have advanced the notion that our criminal justice system can be a solution for those who desperately need treatment for addiction. After two decades of research, it has never been clearer that Drug Courts are this country’s most successful strategy for restoring lives, reuniting families and making communities safer. The incredible graduates we heard from today represent only a fraction of the one million individuals whose lives have been saved by Drug Court. The National Association of Drug Court Professionals and the 27,000 Drug Court graduates we represent, stand with the Attorney General in support of putting a Drug Court within reach of every American in need.”

NADCP’s 16th Annual Training Conference will run through Saturday, June 5.

About The National Association of Drug Court Professionals
It takes innovation, teamwork and strong judicial leadership to achieve success addressing drug-using offenders in a community. That’s why since 1994 the National Association of Drug Court Professionals (NADCP) has worked tirelessly at the national, state and local level to create and enhance Drug Courts, which use a combination of accountability and treatment to compel and support drug-using offenders to change their lives.

Now a national movement, Drug Courts are the shining example of what works in the justice system. Today, there are over 2,300 Drug Courts operating in the U.S., and another thirteen countries have implemented the model. Drug Courts are widely applied to adult criminal cases, juvenile delinquency and truancy cases, and family court cases involving parents at risk of losing custody of their children due to drug abuse. Drug Court improves communities by successfully getting offenders off drugs and stopping drug-related crime, reuniting broken families, intervening with juveniles before they embark on a debilitating life of addiction and crime, and reducing impaired driving.

Now 20 years since the first Drug Court was founded in Miami/Dade County, Florida, more research has been published on the effects of Drug Courts than on virtually all other criminal justice programs combined. The scientific community has put Drug Courts under a microscope and concluded that Drug Courts significantly reduce drug abuse and crime and do so at less expense than any other justice strategy. NADCP has further championed new generations of the Drug Court model. These include Veteran’s Treatment Courts, Reentry Courts, and Mental Health Courts, among others. Veteran’s Treatment Courts, for example, are adapting to the needs of our heroes from the armed services, who sometimes have difficulty adjusting to civilian life or coping with combat-related stress, and may become involved with the justice system due to substance abuse or mental illness. Rather than ignore their plight, Veteran’s Treatment Courts provide the treatment and structure they need to resume productive lives. Reentry Courts assist individuals leaving our nation’s jails and prisons to succeed on parole and avoid a recurrence of drug abuse and crime. And Mental Health Courts monitor those with mental illness who find their way into the justice system.

Today, the award-winning NADCP is the premier national membership, training, and advocacy organization for Drug Courts, representing over 27,000 multi-disciplinary Drug Court professionals. NADCP hosts the largest annual training conference on drugs and crime in the nation and provides 130 training and technical assistance events each year through its professional service branches, the National Drug Court Institute and the National Center for DWI Courts. NADCP also publishes numerous scholastic and practical publications critical to the ongoing growth and fidelity of the Drug Court model. NADCP works tirelessly in the media, on Capitol Hill, and in state legislatures to transform the American justice system through policy, legislation, and appropriations.


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Fatal DUI nets 18 years for Myrtle Beach woman

CONWAY -- When Donna Sheedy pleaded guilty Thursday to DUI in the death of motorcyclist Kenneth Temple, she told his family she knows the pain she caused because a drunken driver killed her brother while he was riding a motorcycle.
"I have some understanding of how the family feels. I feel so sorry that it happened," the 61-year-old Myrtle Beach woman said during the hearing on the charge of felony driving under the influence. "It's terrible. I made a very bad decision. I can't bring him back, and I have to live with that."
Temple, 47, from Centereach, New York, was killed May 15 while riding with family and friends on S.C. 544 near the Boardwalk shopping complex during the Harley-Davidson Cruisin' the Coast spring rally.
Police said Sheedy was eastbound in a Mitsubishi when she crossed the center line into the westbound lanes and struck Temple, his nephew who was riding another motorcycle and then a pickup truck. At the hospital a blood sample showed Sheedy's blood alcohol content was 0.27, assistant solicitor Scott Graustein said. The legal blood alcohol limit is .08.
Circuit Court Judge Benjamin Culbertson sentenced Sheedy to 18 years in prison and ordered her to pay a $25,100 fine. She must report to jail by 9 a.m. March 4 to begin serving the sentence. Sheedy, who also had a DUI conviction in 2007, faced between one to 25 years in prison.
"It was hoped she would've learned her lesson at that point," Graustein said of her prior conviction.
"This was a horrific felony DUI. This is the poster case for felony DUI."
Temple's family said they were sad that it took Temple's death to make Sheedy change. Sheedy's friends said during the hearing she now helps the elderly and volunteers at her church.
"She would have never gone to lengths to help others if it hadn't occurred," Temple's mother, Regina Temple, said after the hearing. "We're happy with the outcome. It's well deserved."
Sheedy moved to the area from Boston in 2000 and retired in 2005 after 36 years as an engineer, and opened a restaurant along the Grand Strand.
She clasped her hands together and kept her eyes shut as several of Kenneth Temple's family members spoke during Thursday's hearing. They included Temple's fiancee, Carol Schultz, who had dinner with him before the crash. The couple was set to marry this year.
Richard Temple, Kenneth Temple's brother, told the judge that most of his family members ride motorcycles and they have not recovered from his loss. Family members sobbed in the courtroom during the hearing.
"Kenny made me what I am today because of the competition between us. I need a big brother to push me," Richard Temple said.
Both men joined the military, volunteered at their local fire departments, rode motorcycles and were raising their families.
Kenneth Temple's 19-year-old daughter, Christina Temple, told Culbertson she cannot express her anger toward Sheedy for killing her father.
"He did nothing to deserve to be taken from us. He was doing what he loved, and she took him away," she said. "I know no amount of sentence will ever bring my dad back, but it will keep her off the street so no other family will have to suffer as mine has."
Matt Temple, Kenneth Temple's 17-year-old son, told the judge his father will be missed at important life events such as graduations, weddings and for grandchildren.
"My father was a firefighter, a Marine and he was my hero," Matt Temple said before he read a poem about being at a concert and learning of his dad's death.
Sheedy's attorney, Russell Long, said he and Sheedy are sympathetic to Kenneth Temple's family.
"I know she is truly remorseful. My heart goes out to that family and I know her heart goes out to them as well," Long said. "It's a very difficult day for Donna, but she understands it's a more difficult day for the family."
Long said Sheedy pleaded guilty because it was the first opportunity she had to give Kenneth Temple's family a resolution to the case.
"She has accepted responsibility for the crime. The destruction of a family is something she doesn't take lightly," Long said. "When Donna left her home on this particular day she did not intent to kill anybody. There was no malice, no hate, no intention accompanied her crime. It was an accident. An accident for which she is very sorry for."



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Home confinement ordered for DUI suspect with 5 prior convictions

WAREHAM — A judge has ordered home confinement, GPS monitoring and alcohol testing for Carlos J. Owen Jr., a five-time OUI offender arrested Christmas Eve on charges of driving drunk and injuring three people after crashing into their vehicle on Cranberry Highway.

Owen, 51, will only be allowed to leave his Bourne home to go to work. His son will have to drive him to and from work as Owen’s driver’s license was revoked for life this week by the Registry of Motor Vehicles.

During a dangerousness hearing Thursday in Wareham District Court, Assistant District Attorney Catherine Ham asked Judge Beverly J. Cannone to hold Owen without bail for 90 days as the dangerousness statute allows.

Ham said Owen’s five prior drunken driving conditions and his initial denials last week to police that he was involved in an accident demonstrated that bail and release conditions were not enough to ensure the community’s safety.

“He will endanger the safety of others if he is out,” Ham said.

Defense lawyer Jack Atwood asked for a “modest” bail, and highlighted testimony Thursday from Owen’s son that the defendant always reports to work on time and sober.

Cannone ordered Owen to home confinement with GPS monitoring, and allowed him to leave his house from 6:45 a.m. to 5:30 p.m. during the week to go to work.

Owen, who owns a painting business and works with his son, must also provide the court with his weekly work schedule and can only leave his house during the weekends for work. He also cannot drink alcohol and will be tested regularly at home with a breathalyzer connected to the Probation Department’s computer system.

Owen’s son, Jarrod Shiek, said Thursday that until recently he had not known how many prior drunken driving offenses his father had. Shiek said he had seen his father drink on occasion, but never heavily, and that he had never shown up to work drunk.

“He drinks, but I didn’t see it as a problem,” Shiek said. “I’ve never seen him go out and get smashed.”

According to court records, Owen’s five prior convictions for drunken driving occurred in 1977, 1980, 1985, 1993 and 2002.

Owen’s driving history shows a two-year revocation of his license, along with two lengthy suspensions. His license was revoked from 2003 to 2005 after his fifth conviction, and was reinstated in March 2005.

The registry also suspended Owen’s license for 120 days in 1993 and again in 2002 for refusing to take an alcohol test, according to his driving history.

On Dec. 24, just after 8:30 p.m., Wareham police received a report of a crash at the intersection of Cranberry Highway and Elm Street. Witnesses said a black Jeep Cherokee rear-ended the victims’ vehicle and took off.

The accident injured three people, including a passenger who was pried from the mangled wreckage and flown by medical helicopter to Massachusetts General Hospital in Boston. He was released on Christmas Day.

Wareham Police Sgt. Kevin Walsh found the Jeep Cherokee at the Mill Pond Diner parking lot and saw Owen walking from behind the diner. Walsh said Owen smelled of alcohol and his speech was slurred. Walsh said Owen at first denied driving the Cherokee, but then said: “Okay, I’ll tell the truth. I just came from the bar down the street. I was driving.”

Wareham Police Officer Karl Baptiste said Owen told him he had drank four to six beers prior to getting behind the wheel. Baptiste said Owen failed a field sobriety test because he was swaying, smelled of alcohol and could not say the alphabet. Owen later refused to submit to an alcohol breath test.

Owen is charged with driving while under the influence of alcohol; driving while under the influence of alcohol with serious bodily injury resulting; negligent operation of a motor vehicle; and leaving the scene of an accident after causing serious bodily injury.

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The downfall of Galluccio: ex-senator goes to jail, resigns from seat

Cambridge —
Former state Sen. Anthony Galluccio has traded in his tailored garbs and political title for a jailhouse jumpsuit and an inmate number.

The embattled politician from Cambridge has been sentenced to one year in the Middlesex House of Correction in Billerica after failing Breathalyzer tests while undergoing a six-month house arrest in connection with a hit-and-run last October.

The 42-year-old Cambridge resident has since resigned his seat at the State House, announced his intent to appeal the violation, must follow a strict schedule behind bars, and has the potential to lose the pension he has been collecting from his city and state jobs for the past 17 years.

The Senate announced plans for a special election to fill his seat on Wednesday. Senate President Therese Murray has 14 days to set the date.

After six hours of courtroom debate Monday over whether or not Galluccio violated his probation — using toothpaste as his defense — Cambridge District Court Judge Matthew Nestor ruled to revoke his probation.

“He didn’t even last a week,” Nestor said about the probation violation. “I don’t have any reason to believe the [Breathalyzer] machine is not working.”

Galluccio sat expressionless in his chair as a court official placed him in handcuffs.

The career politician, in a dark blue suit and red tie, was immediately taken out of the courtroom as a roomful of reporters, lawyers, public relations representatives, family members and friends looked on.

As for his time in Billerica — where former Middlesex County Register of Probate John Buonomo is also staying after being convicted for stealing his own campaign money and pocketing change from a his taxpayer-funded office — Middlesex Sheriff’s office spokesman Michael Hartigan said Galluccio will most likely be staying in either a 48- or 78-square-foot, double-bunked cell.

“Any inmate goes through a three-day assessment, and will be classified after that as to what section of the facilities [they will be staying],” he said, referring to a number of housing “pods” located inside. Galluccio will also abide by a specific schedule for visitors.

Galluccio announced his resignation Tuesday night from the Middlesex County House of Correction in Billerica, ending his brief career on Beacon Hill.

“My decision today is not out of hopelessness, but rather one of hope and opportunity,” said Galluccio in the letter. “In the end I make this decision out of admiration and respect for each and everyone of my Senate colleagues.”

In the letter, Galluccio also said he would appeal the probation violation in order to maintain his “innocence regarding this violation.”

“I ask that my colleagues support my effort to appeal the recent violation with respect to alcohol on the strongest possible terms. I maintain my innocence regarding this violation. I assure you I have kept faith with the court, the Senate, my family and myself with my decision in early October to eliminate alcohol from my live,” he said.

There’s no word on whether Galluccio will lose his pension, accumulated over 17 1/2 years of city and state work.

Catherine Gropp, a spokesperson for the State Retirement Board, said the agency is actively looking at Galluccio’s case. Currently, Galluccio is not eligible to collect his combined city and state pensions, since the requirements are to be on the books for 20 years or be 55 years of age. Since Galluccio has been sent to jail and charged, the board could revoke his pension.

“The board will make a determination on how it will proceed regarding the [former] Senator’s retirement benefits,” said the board in a statement.

During Monday’s hearing, after analyzing evidence and listening to arguments and testimonies about the reliability of the court-issued Breathalyzer installed in his Trowbridge Street home, Nestor said he had reason to believe the senator consumed alcohol around the time he failed the first test on Dec. 21.

Galluccio was issued six months of home confinement on Dec. 18 after he pleaded guilty to leaving the scene of property damage and personal injury, stemming from a hit-and-run incident Oct. 4 in which a 13-year-old boy was injured.

While attending his court hearing, Galluccio was flanked by two women from the Boston and Washington, D.C.-based public relations powerhouse Rasky Barelein — a firm that provides a variety of services, including working on ballot initiatives and providing “crisis and litigation support.”

Galluccio’s attorney, George Hassett, attempted to convince the judge to avoid any jail time and maintain the senator’s two-year probation.

“He’s a hard-working young man,” Hassett said.

Since the failed Breathalyzer test, Hassett noted that Galluccio took 58 additional tests that came up with a zero reading, indicating no consumption of alcohol.

The prosecution called one witness to the stand — Michael Jacobs, who works at the office of Commission on Probation — and discussed his experience installing “sobrietors” manufactured by BI, including the machine at Galluccio’s home on Dec. 21.

Jacobs said the Breathalyzer device works using voice imprint technology. Jacobs said he made Galluccio repeat the words “America,” “Ohio” and “Blue” repeatedly into the machine so it recognized him.

The first official test came back positive for alcohol consumption — 0.037 blood-alcohol content — a second test did the same, but with a lower test result at 0.033.

Jacobs did not suspect that the senator was intoxicated at the time. Galluccio told him he had only chicken soup, a turkey sandwich and coffee that day, and mentioned that it might have been his Sensodyne toothpaste that set off the Breathalyzer’s results. Galluccio said he brushed his teeth three times before he took the first test that day.

“I explained to him I was not familiar with toothpaste use causing problems with the test,” Jacobs said at the stand.

Witnesses for the defense included Robert Fournier, a legislative aide to Galluccio and senior at Salem State; Sean Thomas Murphy, a good friend of Galluccio’s for the past 25 years; and James Demetropoulos, a friend of Galluccio’s for 15 years and owner of Mamagoos Pizza in Fresh Pond. Galluccio said they all came to visit him at his home between Dec. 18 and 21.

They all testified that they did not see Galluccio drink in their presence.

When Galluccio took the stand, he repeatedly stated he has not been under the influence since his probation.

“I had no idea what could have made that machine have that reading. All I know is that I did not ingest any alcohol,” he said in court. “I was very concerned about a record of any elevated or positive reading.”

Hassett weighed heavily on the argument that the Breathalyzer reading produced a “false positive.” He brought in the scientific opinion of Dr. Ernest Lykissa, the director of ExperTox lab in Houston, Texas, that did hair and urine sample tests on Galluccio following probation violation.

Lykissa said tests for “ethyl glucuronide” — an indicator of alcohol consumption — came back negative.

Plymouth County Assistant District Attorney Catherine Ham questioned how much Lykissa was paid by Galluccio, and challenged the validity of his test results.

“No one saw him drink, but the BI Sobrietor is reliable and there is no evidence showing that it is not,” Ham said during closing arguments. “[The decreasing Breathalyzer results on Dec. 21] indicates a body metabolizing alcohol.”

Galluccio is not a stranger to facing intense media scrutiny. In December 2005, he dealt with accusations that he caused a car accident in December 2005 while allegedly driving drunk. The case was later dismissed.

He had been charged with drunken driving twice before. Former Governor Bill Weld pardoned him for a 1984 DUI, before his license was suspended for the same offense in 1997.

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$50K bail for teen accused of DUI slam into BC senior

A Weston man was ordered held on $50,000 bail today after he allegedly ran down a Boston College senior early yesterday morning while allegedly driving drunk.

Benjamin Knott, 18, blew a 0.18 and 0.20 on a Breathalyzer after he allegedly struck Bethany Pfalzgraf, 21, of Londonderry, N.H., as she crossed St. Thomas More Road at about 12:55 a.m., according to State Police Lt. David Wilson and Assistant District Attorney Mike Callahan.

Knott was driving his parents Toyota Land Cruiser at the time of the crash, Callahan said. Pfalzgraf, who sustained “serious” injuries, was listed in good condition this morning at Beth Israel Deaconess Medical Center, according to state police and a hospital spokesman.

Pfalzgraf was alone when she was struck, said BC spokesman Jack Dunn. Witnesses said she was unconscious and bleeding, according to Callahan. There are several student dormitories and an administrative building on St. Thomas More Road, Dunn said.

Knott was apprehended by BC police after a bulletin was sent out about his SUV. After the accident, Knott drove on to the Boston College campus where he was arrested as he tried to exit the grounds, Dunn said. He added Knott has no connection to Boston College.

The teen failed a field sobriety test, had red, glassy eyes, slurred speech and smelled of liquor, Callahan said. He added Knott told police he was visiting a friend at BC.

“This is a very serious case,” Callahan said.

Knott grew up in Sudbury and later moved to Weston where he lived with his parents and two sisters, ages 13 and 16, said his attorney, Thomas Dreschler. His mother, Lisa, was in court, but declined comment.

Knott is a graduate of Noble and Greenough Academy, Dreschler said. He has been admitted to Elon University in North Carolina but has taken this year off to study oceanography and work, Dreschler said. He added Knott has no criminal record.

He is charged with leaving the scene of personal injury and death, reckless operation of a motor vehicle and operating under the influence of alcohol causing serious injury, and negligent operation.


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Suspect back on road for one day Driver charged with third DUI

Salem District Court Judge Richard Mori ordered James P. Malone of North Reading held on $10,000 cash bail yesterday, twice the amount recommended by police prosecutor Lt. Conrad Prosniewski. Malone faces two charges, failure to stop and drunken driving, third offense.

Malone was last arrested in January on drunken-driving charges he faces in Woburn District Court, which caused his license to be suspended for the six months, Prosniewski said. His license was reinstated Thursday.

"And the next day he gets picked up for drunk driving?" Mori asked. "What timing."

"Yes," Prosniewski responded.

The lieutenant said a police dispatcher in Peabody received the first call on Malone on Friday around 10:20 p.m. An erratic driver in a red Buick was traveling on Boston Street into Salem. Salem police officers found Malone driving from Summer Street onto Margin Street, Prosniewski said.

Officers noticed the car weaving in front of the post office, saw it run a stop sign at Mill Street and pulled the driver over on Endicott Street, according to the police prosecutor.

Malone attempted to open the door about 20 times but couldn't and eventually managed to roll down the window. The officer could smell alcohol coming from inside the Buick.

"His eyes were red and watering," Prosniewski told the judge. "His speech was slurred."

When officers asked Malone where he had come from, he told them his house and gave the same answer when asked where he was going.

The driver struggled to get out of his car and during a field sobriety test could not lift up his left leg without losing his balance, the police prosecutor said.

Standing outside, Malone urinated on himself. He also was unable to recite the alphabet, Prosniewski said.

After being taken back to the police station and read his Miranda rights, Malone was given two Breathalyzer tests, the police prosecutor said. His blood alcohol content was .20 on the first try and .21 on the second, the police prosecutor said. The legal limit for drunken driving is .08.

"His license was seized and destroyed at this point," Prosniewski said.

He said another driver had followed Malone from Peabody and had seen him lose control of the Buick and strike a tree. The police prosecutor said officers could not determine which tree had been struck.

"The tree could have been a vehicle or another person," Prosniewski told the judge when asking for $5,000 cash bail.

Malone's attorney, Loring Lincoln, said his client has worked for the same company for 14 years and pays $300 a week in child support. Malone has always paid his child support and has reliably shown up for court dates on his latest drunken-driving charge, Lincoln said.

The defense attorney asked to lower Malone's bail to $500 cash, but Mori disagreed and ordered Malone held on $10,000 bail. The judge also ordered Malone not to drive while his case is pending.

While Mori said he couldn't speak for the charges in Woburn, he thought the commonwealth had a strong case for Malone's Salem drunken-driving charges.

"Here, he'll have a difficult time beating this," the judge said.

Malone's next court date is set for Jan. 6.


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Weston DUI suspect on $50K bail after police say he hit pedestrian

BOSTON - Just weeks before going on trial in New Hampshire for running a powerboat over a kayak moments after the kayaker bailed out, a man from Weston was held on $50,000 cash bail after police said he drove drunk and struck a college student early Sunday morning in Brighton.
Benjamin Knott, 18, of 3 Nottingham Lane, Weston, was arrested and charged with driving under the influence of alcohol, reckless driving and leaving the scene of an accident with personal injury.
He was arrested after state police say he struck 21-year-old Boston College student Bethany Pfalzgraf of Londonderry, N.H., who suffered serious injuries. She was listed in good condition yesterday at Beth Israel Deaconess Medical Center.
Jake Wark, spokesman for the Suffolk County district attorney's office, said the bail commissioner set Knott's bail at $1 million Sunday night. At Knott's arraignment at Brighton District Court yesterday, his bail was set at $50,000, said Wark.
On Dec. 18, Knott is scheduled to go on trial in New Hampshire on a charge of careless and negligent operation of a powerboat.
The New Hampshire Marine Patrol said that in August, Knott, then 17, drove a boat across Lake Sunapee and struck the kayak of a 52-year-old Jamaica Plain man. Police at the time said the kayaker avoided serious injury by plunging underwater to avoid Knott's boat. The kayaker surfaced to find debris from his kayak spread across the water, according to the Associated Press.
Knott, who was pulling a water skier, returned and took the kayaker and the pieces of the kayak back to the shore. Police said alcohol was not a factor.
New Hampshire Marine Patrol Sgt. Dave Ouellette said Knott could face a fine of up to $1,200 if convicted.
On Sunday night, police responded to a report of a hit-and-run accident with injuries at St. Thomas More Road, a public street near the BC campus, said state police spokesman Lt. David Wilson.
There, police found Pfalzgraf, a senior in BC's College of Arts and Sciences, with serious injuries.
Boston College spokesman Jack Dunn said Knott is not a student at BC, and turned onto the campus after driving away from the accident. Dunn said campus police reported to officers in the area that the car that struck Pfalzgraf had a damaged headlight.
A Boston College officer saw Knott's car driving through campus, saw it had a damaged headlight, and stopped Knott at a school parking lot near the student recreation center, said Dunn. College police held Knott until state police arrived, said Dunn.


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Teenager charged with DUI after BC student is hit

A Weston teenager was ordered held on $50,000 cash bail yesterday on charges of drunken driving and leaving the scene of an accident in allegedly striking a Boston College senior with his parents’ sport utility vehicle as she crossed a street on the Chestnut Hill campus early Sunday.

The victim, Bethany Pfalzgraf, 21, of Londonderry, N.H., was upgraded from serious to good condition yesterday at Beth Israel Deaconess Medical Center in Boston, where she is being treated for serious injuries, prosecutors said.

Benjamin Knott, 18, is accused of hitting Pfalzgraf shortly after 12:30 a.m. on Thomas More Road in Brighton, then fleeing to a parking lot on campus, where BC police spotted him examining the front-end damage to the Toyota and alerted State Police, authorities said.

Knott told State Police he had been visiting a friend on campus and had “a few drinks’’ and then blew 0.18 and 0.20 on Breathalyzer tests, Assistant District Attorney Michael Callahan said in court. In Massachusetts, where the drinking age is 21, the legal limit is 0.08 for adults, and an even more stringent 0.02 for drivers under 21.

Witnesses heard the crash, saw a vehicle leave, and observed Pfalzgraf unconscious on the street. They later identified the Toyota Land Cruiser driven by Knott as the one that had struck the young woman, police said.

Knott pleaded not guilty at his arraignment in Brighton District Court to operating under the influence of alcohol, causing serious bodily injury, reckless operation of a motor vehicle, and leaving the scene of an accident causing personal injury.

He was ordered held on $50,000 cash bail by District Judge Eleanor C. Sinnott.

“He and his family wish the best for the person who was struck,’’ said Boston attorney Thomas Drechsler, who represents Knott. “The allegation here is it was a very bad, slippery, icy evening.’’ He described Knott as “a fine young man who’s had a good educational track record.’’


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Minnesota Supreme Court says bong water can count as an illegal drug

MINNEAPOLIS — In Minnesota, bong water can count as an illegal drug.


That decision from Minnesota’s Supreme Court on Thursday raises the threat of longer sentences for drug smokers in that state who fail to dump the water out of bong — a type of water pipe often used to smoke drugs

The court said a person can be prosecuted for a first-degree drug crime for 25 grams or more of bong water that tests positive for a controlled substance.

Lower courts had held that bong water is drug paraphernalia. Possession of that is a misdemeanor crime.

The case involved a woman whose bong had about 2½ tablespoons of liquid that tested positive for methamphetamine. A narcotics officer had testified that drug users sometimes keep bong water to drink or inject later.


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Guilty plea entered in crash killing officer

Raymond E. Jamison Jr., the drunken driver who pleaded guilty Wednesday to causing the early-morning accident that killed a Buffalo police officer July 24, has been grief-stricken “from the day this happened,” his attorney said.

After Jamison, 22, of Fairlane Drive, Boston, pleaded guilty to criminally negligent homicide and misdemeanor drunken driving, attorney Andrew C. LoTempio said his client is cooperating with insurance companies and has begun alcoholism counseling at Erie County Medical Center.

LoTempio said he hopes Erie County Judge Michael F. Pietruszka imposes a “far lesser” prison term than the four years Jamison could get in the death of Officer Jose A. Colon.

Jamison rammed the off-duty officer’s SUV on the southbound Niagara Thruway at about 4 a. m. in a crash that also injured two of Jamison’s passengers.

After a 30-minute conference during which the judge refused to indicate his sentencing preferences, Jamison pleaded guilty to the two charges as well as to two counts of vehicular assault for the injuries to his passengers.

A 12-year police veteran, Colon, 39, was driving home to Orchard Park after a day working on the department’s Mobile Response Unit when Jamison slammed into his car from behind near the Clinton Street ramp. Colon was pronounced dead about nine hours later in ECMC. Two of Jamison’s passengers, Steven E. Pelc, 21, and Melissa Marshall, 19, required medical treatment.

Jamison remains free on bail pending his Jan. 21 sentencing.

Mark John Grisanti, the Colon family attorney, said that while Jamison allegedly is cooperating with insurance companies, a civil suit could be filed by the family.

Following the plea proceeding, LoTempio stressed that Jamison “has accepted full responsibility and he feels horrible” about what LoTempio described as an accident that might have occurred even if his client hadn’t been drunk.

Before Jamison was allowed to leave court, the judge warned him not to drive or drink pending his upcoming sentencing.


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Driver pleads guilty in death of off-duty officer

Raymond E. Jamison Jr., a Town of Boston construction worker, pleaded guilty today to criminally negligent homicide and drunk driving in the death of an off-duty Buffalo police officer on the Niagara Thruway early on July 24.

Officer Jose A. Colon's SUV was rammed from behind by Jamison about 4 a.m. on the southbound I-190, just before the Clinton Street ramp. The crash also injured two of Jamison's four passengers.

Erie County Judge Michael F. Pietruszka refused to give Jamison a sentencing commitment on his plea to single counts of criminally negligent homicide, misdemeanor drunken driving and two felony counts of vehicular assault for the injuries to his two passengers.

With no objection from Kelley A. Omel, chief of the district attorney's Vehicular Crimes Unit, the judge let Jamison remain free on $50,000 previously posted bail pending his Jan. 21 sentencing.

Jamison, 22, of Fairlane Drive, faces a possible prison term of up to four years. But defense attorney Andrew C. LoTempio said after the plea proceeding that he hopes the judge imposes a "far lesser" sentence.

LoTempio said Jamison, whose car was "totaled" in the fatal rear-end crash, "has accepted full responsibility and he feels horrible" about what happened.

Mark John Grisanti, the Colon family's attorney, also attended the plea proceeding and said that while insurance carriers are working out payments, a civil suit "could be" filed by the police officer's family.

Jamison is undergoing alcoholism counseling at the Erie County Medical Center. Today's plea was witnessed by his mother, brother and two younger relatives.


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Sheriff pleads not guilty in court, battle brewing over whether he keeps job

LINCOLNTON — Lincoln County Sheriff Tim Daugherty made his first appearance in court Tuesday morning.

TV and newspaper reporters sat in the audience along with a few of Daugherty’s employees.

Daugherty shook the hand of one of the courtroom bailiffs and patted him on the back before the proceedings began.

“He’s a great man, a Christian man. He ain’t guilty of nothing,” Lt. Stanley Crowder said while sitting in the front row of the courtroom.

The first appearance was over in just a few minutes, with Daugherty pleading not guilty to the three charges he faces — two felony counts of obstruction of justice and a misdemeanor charge of giving a false report to law enforcement.

Reporters followed Daugherty down three flights of stairs in the courthouse before he took another flight down to the magistrate’s office.

Crowder, Daugherty’s public information officer, met with the media outside of the courthouse. The sheriff has no comment, Crowder said.

When asked if Daugherty was going back to work, Crowder said yes.

“He has no plans whatsoever to resign,” Crowder said.

Daugherty was headed back to work, according to Crowder.

Daugherty was represented by Andrew Banzhoff of Devereux & Banzhoff Attorneys at Law out of Asheville.

Daugherty was arrested Monday after a Lincoln County grand jury handed down indictments. The charges stem from the conviction of Daugherty’s chief deputy Barry Taylor.

Taylor was convicted of obstruction of justice Sept. 30 and fired a few days later for helping a Denver doctor avoid a possible DWI charge.

Evidence in Taylor’s trial made Assistant District Attorney Gwynn Radeker question the sheriff’s knowledge of Taylor’s actions the night of the 2007 incident.

Indictments say Daugherty instructed Taylor to let the doctor go and that the sheriff lied to State Bureau of Investigation officers when questioned about it.

Taylor received 18 months probation and 40 hours community service for the misdemeanor obstruction of justice conviction.

If convicted, Daugherty would probably get 12 to 16 months probation and no jail time, according to Radeker. The penalty could be years in prison for a person with a criminal history, he said.

Radeker said he did not know when the matter would go before a judge.

County Commission Chairman Alex Patton does not intend to wait for the trial to remove Daugherty from his position as sheriff.

Patton made his second call for Daugherty’s resignation during a press conference Monday.

Commissioners will meet with the county attorney 6:30 tonight at the Citizens Center to start a petition for removal.

A petition for removal can be created by the county attorney, district attorney or five registered voters, according to Eddie Caldwell, executive vice president with the North Carolina Sheriff’s Association.

The petition is then submitted to a Superior Court judge who would decide whether to remove or suspend the sheriff.

That process moves more quickly than criminal cases because state statues dictate petitions to be placed at the top of the court docket, Caldwell said.

“That court case is likely to move faster than the criminal indictment,” Caldwell said.

Because Daugherty is an elected official, he cannot be fired.

According to state statutes, a sheriff can be removed for neglect or refusal to perform the duties of his office; misconduct, corruption, extortion, conviction of a felony or intoxication.

If Daugherty is removed from office, the Democratic Party would have 30 days to present a replacement to the County Commission.



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2 TEENS CHARGED IN HORRIFIC KILLINGS-ANYONE CHARGED NEEDS A NY CRIMINAL LAWYER

A woman and her son who was ten years old were murdered by two teenagers. According to authorities, the woman was stabbed repeatedly and the boy was hit over the head with a television set.

The Minneapolis teens were charged as adults with first degree murder. The two were identified as Stafon Edward Thompson, 17, and Brian Lee Flowers, 16, both of Minneapolis.They were charged with the deaths of Katricia Daniels, and Robert Shepard. The teens can receive a sentence of life in prison and no parole available.

Thompson and Flowers flipped on one another blaming the killings on each other. It appears that the murders knew the woman, Daniels, through her other son who is fifteen and resides in Chicago.

If you or a loved one has trouble with the law and is facing criminal charges, get a New York Criminal Lawyer to defend you. Hiring a NY Criminal Attorney can help you to avoid jail time.

That move can help you to avoid jail time.Police recovered two knives and a golf club in the Daniels' house that they believe were used in the killings. They also found a knife in a garbage can in the alley.

Freeman said it appeared that Daniels had welcomed the teens into her home when they first arrived June 11.

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Attorney Sam’s Take: Arrested For Drug Possession In Boston – What Do You Do?

So, you were out last Saturday night in Boston, enjoying the ten minutes or so that it was not raining. You figure you will celebrate with the herb of your choice. After all, this is 2009 and you can just light up some marijuana you have in your pocket and toke away, you figure. So…why do you find you need a defense attorney come Monday?

The current drug laws, including those involving marijuana, can be somewhat confusing...on or off of campus

For example, passage of the so-called decriminalization of marijuana has created a certain amount of misunderstanding. While it is not actually criminal to be in possession of an ounce or under of pot, it is not exactly celebrated either. The marijuana can be taken from you under the statute and you may have to pay a civil fine.

On the other hand, the circumstances of the arrest can still bring you back into the spotlight of criminal prosecution. For example, if there are reasons to believe you may be sharing or selling the drug, you can still be prosecuted for either trafficking or possession with intent to sell. Further, if you are under age, there are other provisions in the statute that effect you.

The first thing you need to do if arrested (or preferably before) for drug possession is to know the playing field. For example, what are you being charged with? What intent are they alleging?

There are various levels, or classifications of drugs which carry with them different levels of severity of sentence. Massachusetts General Laws Chapter 94C describes the various potential penalties. For example, first offense straight possession of a heroine, a Class A controlled substance can bring you two years of jail. Second and future offenses, naturally, get you more.

Generally, I find that the circumstances of an arrest are my clients’ biggest problem. It does not take very much for law enforcement to decide that, according to their investigation, your possession of a controlled substance is really for purposes of sale. Elements such as who you are with, the prior history of your location, how the drugs are packaged and what else you have in your possession are among the things officers will consider in making this determination.

For example, if you happen to have a bunch of twenty dollar bills adding up to hundreds or thousands of dollars, you are likely to win the prize of assumed intent. Items like cell phones, scales and the like can also be considered to be evidence of trafficking, or possession with intent to distribute.

The location of your possession can play a very special part in determining your potential sentence. For example, if you are in an area in which the police believe much drug trafficking occurs, you are more likely to be considered a drug dealer.

There is a very special type of location, however, that can bring you exposure to an extra criminal sentence.

This would be the “School Zone”.

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Boston DUI Attorney Stephen L. Jones Fights Drunk Driving Charges Throughout Massachusetts

Boston, Massachusetts DUI attorney Stephen L. Jones is ready to fight your drunk driving charge in Barnstable, Berkshire, Bristol, Dukes, Essex, Franklin, Hampden, Hampshire, Middlesex, Nantucket, Norfolk, Plymouth, Suffolk, and Worcester counties.

Boston, Massachusetts DUI attorney Stephen L. Jones is a former prosecutor and is now a nationally recognized drunk driving attorney who has appeared on the Today Show, MSNBC, Chronicle, Inside Edition and the Discovery Channel to speak about criminal law. Boston, Massachusetts DUI / OUI attorney Stephen L. Jones has also defended several high-profile cases that have been covered on national and Boston news programs.

Boston, Massachusetts DUI / OUI attorney Stephen L. Jones has successfully defended more than 1,000 Massachusetts drunk driving cases. His law practice focuses on the defense of drunk driving charges and related matters. He is well-versed in both the science and law of drunk driving defense, and will use that knowledge to aggressively challenge chemical tests, field sobriety tests, and other evidence in a Massachusetts DUI case.

As the chair of the Massachusetts Continuing Legal Education seminars on drunk driving for 10 years, Boston, Massachusetts DUI / OUI attorney Stephen L. Jones is in great demand as a drunk driving defense speaker. He has spoken across the nation on subjects related to OUI/DUI and has lectured on the subject of courtroom testimony at the FBI Academy.


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Police say driver in sixth DUI had brandy in his lap

NEWBURYPORT - A Charlton man pleaded not guilty in Newburyport District Court yesterday to what was at least his 10th drunken-driving charge, after he almost hit another car while swerving across heavy traffic with a bottle of brandy between his legs, police said.

Jason W. Wetteland, 39, was held without bail, and his driver’s license, which had not been valid since 2003, was permanently revoked.

According to a police report, Wetteland had been exiting northbound Interstate 495 onto Route 110 in Amesbury about 7:30 p.m. Saturday when Amesbury police officer Carl LeSage noticed Wetteland’s Ford Explorer swerving.

Wetteland turned a hard right into the entrance of a gas station, slowed to nearly a stop, then turned a hard left back into traffic, causing several cars behind him to slam on their brakes, according to the report.

When LeSage pulled Wetteland’s car over, he saw a bottle of brandy between the man’s legs and observed that Wetteland “had bloodshot and glassy eyes, and his speech was slurred,’’ the report said.

When Officer Raymond Landry arrived to assist LeSage and searched Wetteland’s car, he retrieved a 12-pack of Bud Light beer on the passenger floorboard containing eight unopened cans and a half-full beer can, and the open bottle of Mr. Boston Blackberry Flavored Brandy, police said.

Wetteland told Landry that he had been driving to visit a friend in Salisbury. According to the report, he refused to submit to a sobriety test, saying, “I’m drunk, you know it, and I am not going to deny it.’’

When Landry asked Wetteland if he “thought it was a joke to drive drunk,’’ according to the report, Wetteland told him, “I’ve been doing this all along; this is what I do.’’

Wetteland was taken to the Essex County House of Correction in Middleton, where he had been held on $1 million cash bail until yesterday’s arraignment.

According to Mothers Against Drunk Driving, about one-third of all drivers arrested or convicted of drunken driving are repeat offenders, and drunk drivers with previous convictions have more than four times the risk of being in a fatal crash as other drunk drivers.

“Every couple of years, you come across someone with a horrible record like this, and why they’re still out, we don’t know,’’ said Amesbury Lieutenant Mark Gagnon. “This should get him some time off the road, because he doesn’t seem to get the message, despite the fact that he has no license.’’

In Massachusetts, Wetteland has had six drunken driving convictions, the first in 1988 and the last in 2001.

Beginning in 1991, his license was suspended for 10 years after he was convicted of drunken driving in Spencer. Between 1991 and 2001, when his license was reinstated, his record shows several other violations, including two speeding tickets in Massachusetts and two drunken driving arrests in Connecticut.

Wetteland’s additional license suspensions for those violations were served concurrently with his 10-year suspension, said Ann Dufresne, a spokeswoman for the Massachusetts Registry of Motor Vehicles.

Dufresne said that after Wetteland’s last conviction for drunken driving in 2001, he was only suspended for one year “because at that time the drunk driving laws were not as strict as they are today.’’

He was arrested at least one more time in Massachusetts, in Charlton in 2003 on drunken driving charges, but was found not guilty.

However, because he had refused to take a breath analysis test during that arrest, his license was suspended.

Dufresne said there was not much the Registry could have done to prevent his most recent violation.

“He chose to drive without a license, just like he chose to drink and drive,’’ she said.

The case is being prosecuted by Assistant Essex District Attorney Nathaniel Sears. If convicted, Wetteland faces up to five years in state prison, with a minimum sentence of two years, according to Steve O’Connell, spokesman for the Essex district attorney.

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Driving License Boston MA

Driving license in the United States not only gives you rights and permissions to drive motor vehicle but also acts as personal identity card like the Social Security Number. It can be used as a form of identification for several purposes like opening bank accounts, traveling within the country, and as proof of legal age to buy alcohol and tobacco.

US federal government does not issue national driver licenses. All the 50 US states issue driving licenses separately and they can be used anywhere in America, Canada, and even abroad in certain countries. Every state has its own requirements and application procedures for driving license to the citizens as well as immigrants.

However, in all states you have to appear in a written test, road test and vision test. Some of the states allow foreign license as a proof of one's ability to operate a motor vehicle, thus if you have one they may not ask you to give a road test again. There are also different classes of licenses depending on the type of vehicle you will drive.

If you have not taken the US citizenship, you have to show the proof of your Immigration status for applying for a driving license from any state. This was added by the federal government after 9/11 as an extra security measures when obtaining a driving license. Driver licenses that do not meet these requirements are not accepted as legal identification to get entry into a federal building or to board an airplane in the country.

There is a US government website (www.dmv.org) that provides information on driving license. The site has all the details – how you can apply, what are the procedures and requirements for a driving license. It has a map of the US and by clicking on the state where you want to apply you can get the information and the procedures.

If you are planning to go to the US, besides American visa and driving license there are many things you should know about. Visit http://www.myusgreencard.com which specializes in filling in the forms of US green card lottery in a complete and accurate manner ensuring that your form for the lottery is complete in all respects. You can get information about social security card, diversity lottery, US citizenship, etc. at the portal.

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