Location |
Defendant(s) |
Date of Alleged Crime |
Berkshire
County, MA |
Bernard Baran |
Arrested 1984 |
Bernard
Baran, a gay
19-year-old, was an aide at Pittsfield's Early Childhood Development Center
and was caught in the wave of false abuse allegations that swept the nation
in the early 1980s. In 2006 his conviction was overturned and charges
against him were dropped in 2009. (www.freebaran.org) (JD08) [3/05] |
Berkshire
County, MA |
Robert Halsey |
1993 (Lanesborough) |
Robert
Halsey, a
school bus driver, was convicted of sexual assaulting children, because of
the testimony of the children. After extensive interrogation by counselors,
the children said Halsey detoured their school bus on the way to school to a
nearby lake and engaged in wild and bizarre activities with them that
included things that could not possibly be true or showed an ignorance of
human anatomy. Such detours allegedly occurred numerous times over the
course of two years. No record exists of Halsey ever being late on his bus
schedule. When testifying, the children did not seem frightened or upset,
only well rehearsed. Sometimes they seemed to forget what was apparently
rehearsed and ended up speaking about alleged events in a nonsensical
context. (CrimeMagazine)
[1/07] |
Berkshire County, MA |
Michael O'Laughlin |
Nov 17, 2000 (Lee) |
Michael M.
O'Laughlin was convicted of the assault and attempted murder of Annmarie
Kotowski, a woman who lived in his apartment building. The victim was
severely beaten to the extent that, except for her jaw, all the bones in her
face were broken. In addition one of her ears was almost completely
severed. At trial the state presented “evidence of motive, means,
opportunity, and consciousness of guilt” on the part of O'Laughlin.
However, such evidence only indicated that O'Laughlin could have committed the crime. It contained no necessary inferences that he
did
commit the crime.
The victim had lived with her husband, David Kotowski, for 26 years, but had
separated from him just 2 months before the assault to pursue a relationship
with another man, James Finn. She had mentioned divorce to her husband
just one week before the assault. She had amnesia resulting from the
assault and could not identify her assailant. The brutality of the assault
suggested the assailant knew her enough to harbor rage towards her.
O'Laughlin's alleged motive of robbery did not require such brutality and
did not make much sense as nothing was stolen from the victim's apartment.
The trial judge refused to allow into evidence a note found in the victim's
apartment. The note called its recipient “a whore,” used four-letter words
to describe her having oral and regular sex with “him,” and contained the
words, “threat to kill him,” suggesting murderous rage. The victim's
relationships highly suggest that her husband had written the note to her
and that the “him” mentioned in the note was her boyfriend, James Finn.
Police had not used comparisons of handwriting to prove who wrote the note,
and one reason citied for its inadmissibility was that allowing
it into evidence “would have required the jury to speculate as to its
meaning and genesis.”
The victim's husband was known to have blisters on his hands when questioned
after the assault. He had two towels reeking of bleach in the trunk of his
car. These suggested that he engaged in a cleanup. He also had no alibi
for the hours surrounding the 2 a.m. assault, claiming to be home asleep at
the time.
On appeal, the Massachusetts Appellate Court ruled in 2005 that
the state's evidence was insufficient to establish guilt. It then vacated
O'Laughlin's conviction and entered a verdict of acquittal. The prosecution
appealed the decision to the Massachusetts Supreme Judicial Court, which in
2006 reversed the appellate court's decision that the state's evidence was
insufficient. The Court did indicate the decision was a close one, but it
reinstated O'Laughlin's conviction. In 2009, the First Circuit Federal
Court reversed the decision of the MSJC, after finding the evidence
insufficient to convict. In 2010, O'Laughlin was freed from prison
after the U.S. Supreme Court denied the prosecution's appeal. (www.freemichaelnow.com)
[3/08] |
Bristol
County, MA |
Frank Grace |
Aug 8, 1972 |
Frank
Grace, a Black
Panther leader in New Bedford, was convicted of the shooting death of Marvin
Morgan, a 19-year-old drug addict. Grace maintained that police framed
him because he was a political radical. Grace's conviction was
overturned after new witnesses came forward and old witnesses recanted.
Prosecutors declined to retry him because they no longer had any witnesses.
(BUSL) (ISI)
[11/05] |
Bristol
County, MA |
Christina Martin |
Jan 21, 1990 (Westport) |
Christina Martin was
convicted of murdering her boyfriend, Richard Alfredo, 61. Alfredo died in
his home after a long history of heart disease. Initially, it was assumed
the disease was the cause of his death and no autopsy was performed.
Alfredo's assets worth about $25,000 went to his estranged wife and her
children while Martin and her children continued to live in the home she had
shared with Alfredo. Four weeks after Alfredo's death, rumors surfaced that
Alfredo was poisoned. Martin's daughter had told high school friends that
Alfredo had made sexual advances toward her, and that her mother got revenge
by serving him Jell-O laced with LSD.
Read More by
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|
Essex County,
MA |
Cornelius Usher |
1902 |
Cornelius
Usher was
convicted of burglary after he was found pawning tools that were stolen from
the Leonard shoe company. Usher was pardoned in 1904 and awarded
$1,000 by the state legislature in 1905. (BUSL) (CTI)
[11/05] |
Franklin
County, MA |
John O'Neil |
Jan 8, 1897 |
John “Yank”
O'Neil was convicted of the rape and murder of Harriet “Hattie” McCloud.
He was hanged on Jan. 7, 1898. A few months after O'Neil's hanging, a
dying soldier who was fighting the Spaniards in Cuba confessed to the crime
to ace newspaper reporter, Eddie Collins. The soldier originated from
the area of the murder and died before his oral confession could be backed
up by a written one. (BUSL)
(Trial
of John O'Neil) [11/05] |
Hampden
County, MA |
Daley & Halligan |
Nov 9, 1805 (Wilbraham) |
While
traveling from Boston to New York, Dominic Daley, 34, and James Halligan,
27, both Irish immigrants, were arrested on Nov. 12, 1805 for the murder of
farmer Marcus Lyon. Lyon's horse was found wandering three days
earlier and his murdered body was found two days earlier in Wilbraham.
Wilbraham was then located in Hampshire County.
The defendants were incarcerated in Northampton while their captor received
a $500 reward.
At trial, the
main evidence against the defendants was the testimony of 13-year-old
Laertes Fuller who said he saw the pair on the road, then saw them again
minutes later with the victim's horse. It is not clear why the
defendants would have the victim's horse as the
horse was later seen wandering around freely. Legally, witnesses were required to be 14 years old to testify, but the
judge overrode this rule in Fuller's case. Fuller's testimony
suggested the defendants killed Lyon during the interval between his
sightings of the defendants. However, Lyon had been shot and, when questioned, Fuller reported he did not hear a gunshot,
even though he could not have been very far from the murder.
There appears to
be reasonable doubt as to the guilt of the defendants because: (1)
Fuller was at best marginally qualified to testify. (2) The details of
his testimony contained nothing that compelled one to believe its accuracy.
(3) The reward offered created an incentive for perjury. (4) Even if
Fuller's testimony was true, it did not definitively establish that the defendants had murdered Lyon.
Besides the lack of credible prosecution evidence, there was a lack of due process
because the defendants were not allowed to testify in their own defense and
were only assigned a lawyer two days before trial.
The defendants were convicted and sentenced
to death. Both were hanged on June 5, 1806 in Northampton before a
crowd of 15,000. It was alleged and widely accepted in the 20th
century that Daley and Halligan were framed and convicted because they were
Irish Catholics, but historical records do not support any overt prejudice.
In 1984, Gov. Dukakis issued a proclamation exonerating the two. (BUSL) (Resources) [11/09] |
Hampden
County, MA |
Santos Rodriquez |
Jan 25, 1954 (Springfield) |
Santos
Rodriquez was
convicted of the murder of 43-year-old Mildred Hosmer. Hosmer had been
smothered with a pillow in a Springfield rooming house. Police learned that
Hosmer had been drinking in the Franklin Grille earlier in the evening,
and they picked up Rodriquez, who was the busboy there, for questioning.
Rodriquez, a Puerto Rican who spoke little English, signed a confession he
contended was coerced. In Jan. 1956, another man, Lucien Peets, confessed to Hosmer's
murder. Rodriquez was pardoned in April 1957. In 1958 the
legislature awarded Rodriquez $12,500. (BUSL)
[11/05] |
Hampden
County, MA |
Angel Hernandez |
Dec 9, 1987 (Chicopee) |
Angel
Hernandez is
currently known as Eduardo Velasquez. Hernandez was convicted of
raping a female college student in Chicopee. Hernandez maintained that
the police were detaining him at the time of the rape. Police refused
to confirm this alibi. In 2001, DNA tests exonerated him. In
2002, the new DA secured from the police a computer printout that showed
Hernandez's alibi to be true. (BUSL)
(IP)
(IDO) [10/05] |
Middlesex County, MA |
Stearns Kimball Abbott |
Jan 17, 1880 |
Stearns Kimball Abbott was
sentenced to death for the murder of Maria L. Crue. The victim was
shot to death in her farm home near Groton, MA. A sleigh belonging to
16-year-old Jennie Carr was identified as being present at Crue's home on
the day of the murder. Carr said
she had stopped to visit Mrs. Crue but had left when a man appeared at the
door and said she was away. Other witnesses recalled seeing a stranger
with a scruffy beard and a mustache in the vicinity. This stranger had
stopped at a furniture factory not far from the Crue home, asked for a job,
and given his name as Stearns Kimball Abbott. He was a 40-year-old
transient from Cambridgeport who had been in and out of prison for for
burglary, horse theft, and forgery.
When Abbott was brought to
trial, Carr identified him as the man she saw at the victim's house.
Abbott was convicted after his lawyers failed to locate any witnesses who
could have established that he had boarded a Boston-bound train at Littleton
more than an hour before the victim was last seen alive. Abbott's
appeal was denied in Feb. 1881, and his hanging was scheduled for the
following April. Soon after the appeal denial, a young factory girl in
Lowell claimed that Carr had acknowledged that she had falsely accused
Abbott. A few weeks later, that girl's body was found in the Charles
River, turning public opinion, according to the Boston Daily Globe,
“strong against the verdict” in Abbott's case.
Shortly before
Abbott's scheduled hanging, Massachusetts Governor Long granted a reprieve
until June and appointed a council to reinvestigate the case. After
being called to testify, Carr initially denied rumors that she had been
intimate with the victim's husband, Joseph Crue, and that she had given
birth to a child. However, after a physician who attended the delivery
of her child testified, Carr acknowledged that she and the victim's husband
had been romantically involved at the time of the murder, and that she had
given birth to his child. Following this hearing, Governor Long
refused to declare Abbott innocent, but commuted his sentence to life
imprisonment. However, in 1911, more than thirty-one years after
Abbott's arrest, Massachusetts Governor Foss granted Abbott a complete
pardon and ordered his release from custody. (CWC)
[4/09] |
Middlesex
County, MA |
Charles Louis Tucker |
Mar 31, 1904 |
Charles Louis
Tucker was
sentenced to death for the murder of Mabel Page.
Page was stabbed in Weston. More than 100,000 Massachusetts residents signed petitions requesting
clemency when a trial witness confessed to perjury. Nevertheless, Tucker
was executed in the electric chair on June 12, 1906. (NODP)
(BUSL)
[11/05] |
Middlesex
County, MA |
Benjamin Collins |
1928 (Sommerville) |
Benjamin
Collins was
arrested and imprisoned on Sept. 1, 1928 for a series of handbag snatches in
Sommerville. Collins was employed, had no criminal record, and the
investigating officer doubted his guilt. However, he was convicted on Oct.
23 after being positively identified by five victims. In the week following
the conviction, another handbag snatch occurred and the perpetrator, George
Hill was caught. In his home were found stolen items from the other handbag
snatches. Collins's conviction was nol prossed on Oct. 30, and
he was released. (BUSL)
(CTI)
[10/05] |
Middlesex
County, MA |
Kenneth Waters |
May 21, 1980 (Ayer) |
Kenneth Waters was convicted of the
murder of Katharina Brow. She was stabbed more than 30 times and her money
and jewelry were taken. Two of Waters' ex-girlfriends testified that he had
made a drunken confession to them. Another witness stated Waters tried to
sell her the victim's ring and necklace soon after the crime. Co-workers of
Waters stated that he had a knife similar to the one used in the attack.
Types B and O blood were found at the scene. Brow had type B and Waters had
type O, although 48% of the population have type O.
Although the perpetrator apparently bled at the crime scene, police examined
Waters a few hours after the murder and found no injuries on him.
Waters' defense indicated that a hair found on victim was neither the
victim's nor Waters'. An ex-girlfriend witness later recanted her
testimony. DNA tests exonerated Waters in 2001. A theatrical
movie based on the case and entitled
Conviction is due to
be released in Oct. 2010. (BUSL)
(IP)
[6/05] |
Middlesex
County, MA |
Dennis Maher |
Aug, Nov 1983 (Ayer, Lowell) |
Dennis
Maher was
convicted of two rapes and one attempted rape. He apparently had worn
clothes similar to those worn by the actual rapist and was identified by the
three victims. DNA tests exonerated him in 2003. (IP)
(TruthInJustice)
[12/05] |
Middlesex
County, MA |
Fells Acres Day School |
1984 (Malden) |
School
officials Gerald Amirault, his mother Violet, and his sister Cheryl got
caught up in snowballing sex abuse allegations and hysteria and were
eventually accused of abusing more than 40 children. Children apparently
were led into creating abuse stories after being badgered many times by
investigating case workers (and some parents) looking for abuse. Many child
witnesses unsaid on cross-examination what they had said on direct
examination. No corroborating evidence was ever found. The school's
insurance company paid more than $20 million to 16 families. The three
defendants were convicted and their convictions were never permanently
overturned. The longest serving defendant, Gerald Amirault, was paroled in
April 2004. Massachusetts Lawyers Weekly, which had never taken such a
stand, called the case a "travesty of justice." (American
Justice) (Website)
[5/05] |
Middlesex
County, MA |
Eric Sarsfield |
Aug 24, 1986 (Marlborough) |
Eric
Sarsfield was
convicted of rape after being identified by the victim. Sarsfield was
denied parole several times after refusing to admit his guilt. DNA
tests exonerated him in 1999. In 2005 and 2006, Sarsfield was awarded
$2.5 million. (BUSL)
(IP)
(JD31
p12) [11/05] |
Middlesex
County, MA |
Ray & Shirley Souza |
Tried in 1993 (Lowell) |
The
adult daughter of Ray and Shirley Souza went to counseling and was encouraged to read The Courage
to Heal, a book about recovering memories of incest. The book
apparently teaches that if you are unhappy or have problems coping with
life, it must be because your parents sexually abused you as a child even if
you do not remember any abuse. To heal yourself, you have to recover the
memories of such abuse. This daughter read the book and recovered alleged
memories of abuse that occurred when she was a child. She then spread the
gospel of recovered memories to her siblings, some of whom were using their
parents, Ray and Shirley, to baby-sit their children. Subsequently, the
siblings "recovered" memories of abuse and questioned their children
repeatedly until the children remembered being abused. Ray and Shirley were
charged and opted for a judicial trial rather than a jury trial. Judge
Elizabeth Dolan, who presided over the Fells Acres abuse case, heard the
case. She convicted the Souzas and sentenced them to 9 to 15 years in
prison.
Eventually the Souzas were allowed to serve 9 years under house arrest.
Author Mark Pendergrast profiled them in the 1996 book Victims of Memory.
(JD01)
[11/05] |
Norfolk
County, MA |
Sacco & Vanzetti |
Apr 15, 1920 (South Braintree) |
Nicola Sacco
and Bartolomeo Vanzetti were convicted of shooting two men to death while
robbing a company of its $15,000 payroll. Both defendants were political
anarchists and the case against them garnered international attention.
The case against the two was weak, particularly against Vanzetti who had 44
alibi witnesses. However, both were convicted and the two were
executed in the electric chair on Aug 23, 1927. On Aug 23, 1977, Gov.
Dukakis declared Aug 23, “Nicola Sacco and Bartolomeo Vanzetti Memorial
Day,” and issued a proclamation exonerating the two. (BUSL) (Famous
Trials)
[11/05] |
Norfolk
County, MA |
Frederick Weichel |
May 19, 1980 |
Frederick
Weichel was
convicted of the murder of Robert LaMonica based on the nighttime
identification of a witness who saw the killer for one second while 180 feet
away. The witness told the police he had consumed four or five beers in the
hours before the killing and described the killer as 5'9", 175 lbs. with dark
curly hair, bushy eyebrows, and thick sideburns. Weichel was 5'7", 155 lbs.,
and did not have curly hair, bushy eyebrows, or thick sideburns. Three
other witnesses near the scene of the murder were unable to identify
Weichel. In 2004, Weichel's conviction was overturned, because one of the
suspects in the original investigation confessed to the crime. However, in
2006, the Massachusetts Supreme Court reinstated Weichel's conviction. (JD32
p24) (Boston
Globe) [12/06] |
Worchester
County, MA |
John Chesterman |
Nov 1885 |
John
Chesterman,
aka John Christman, was convicted of stealing from the home of his former
employer, Charles Vokes, and sentenced to a year in jail. A few weeks
after the conviction, Vokes confessed to falsely accusing Chesterman and to
committing perjury at his trial. Chesterman had merely gone to Vokes's
house seeking payment of $42 in back wages. To avoid paying him, Vokes ran
him off and staged a robbery with his personal property strewn about the
floor. Because of Vokes's confession, the prosecutor obtained a pardon
for Chesterman and he was released in Feb. 1886. Vokes was prosecuted
for perjury. (BUSL) (CTI)
[10/05] |
Worcester
County, MA |
Benjamin LaGuer |
July 12, 1983 (Leominster) |
Benjamin LaGuer was convicted of
raping 59-year-old Lennice Plante. Plante had bad eyesight and said she
could not identify her assailant. When questioned further she vaguely
described him as a very dark skinned black male who was very short and of
small build. She later identified LaGuer from a photo. LaGuer has a light
olive skin complexion, is at least six inches taller than Plante and is of
muscular build. Plante said her assailant spoke clearly without an accent,
yet LaGuer had had a severe stutter since childhood, and also has an ethnic
accent. Plante said she was vaginally and anally raped over an 8-hour
period, yet tests of vaginal and rectal swabs taken from her, as well as
tests on her panties failed to show the presence of semen.
Plante had a
nervous breakdown 14-years before the incident and her daughter said she
“had not been right” since the breakdown. The prosecutor thought she was
mentally ill. Given her mental state and the lack of semen evidence, it is
not clear that she was ever raped. Other problems plague the case including
fingerprint evidence, blood evidence, a missing knife, a missing Pepsi can,
police misconduct, prosecutorial misconduct, and even juror misconduct.
Following LaGuer's conviction, some jurors on the all-white jury came
forward and said that during deliberations other jurors made prejudicial
ethnic statements against LaGuer. (JD33
p14) [3/07] |
|