Worcester Superior Court, September, 2010: Client, a 21 year old Worcester man, was held and charged with 7 firearm indictments and 4 drug distribution indictments. The firearm counts alleged Possession of a Firearm, Carrying a Firearm, Possession of a Firearm with 3 prior violent crimes (a 15 year sentence), Carrying a Firearm with Ammunition, and Possession of a Firearm with no Identification Card. In a Motion to Dismiss the Firearm Counts based upon the insufficiency of evidence presented to the Worcester Superior Court Grand Jury, Attorney Cronin argued that the co-defendant was observed at all relevant times to be the only person in possession of a white plastic bag, later found to contain the firearm. At the time of his arrest, this white plastic bag was found in the restaurant booth where the co-defendant was sitting. There was no evidence presented that Mr. Cronin's client had knowledge of the contents of the bag. The grand jury heard no testimony of friction ridge analysis and a grand juror asked "Did you ever identify the palm print?" The officer replied "No palm print was taken . . .." The grand juror then asked "Both individuals were observed holding the bag at different times?" The officer responded "No." Attorney Cronin argued that "The grand jury heard no reasonably trustworthy information sufficient to warrant a prudent man in believing that the defendant had committed or was committing an offense, and the indictment was fatally defective." Commonwealth v. McCarthy, 385 Mass. 160, 164 (1982). A Justice of the Superior Court agreed, and allowed the Motion to Dismiss the Firearm Charges, stating in a written decision: "Evidence of the concerted action of the defendants in terms of street and drug transactions is not without more evidence that the (defendant) knew of the existence of a firearm in the possession of (the co-defendant)." The four drug distribution indictments remain pending.
Worcester Central District Court, August, 2010: Client, a 24 year old Milford man, was charged with Armed Robbery (punishable by life sentence) in Worcester. The complaint alleged that the client entered the victim's apartment, struck him in the head with a brick and stole his wallet and money. At the time of the arrest the defendant was on a suspended 6 month sentence, which 6 month sentence was then imposed on his new arrest for armed robbery. After lengthy negotiations, the District Attorney's Office reduced the Armed Robbery to Larceny from the Person, giving the District Court final jurisdiction over the case. Without a plea agreement, Attorney Cronin argued for a 6 month concurrent sentence, while the DA requested a one year sentence to the House of Corrections. Splitting the difference in half, a District Court Judge ordered that the defendant be sentenced to Nine (9) months in the Worcester County House of Corrections.
United States District Court, Worcester, July, 2010: Client, a 29 year old Worcester man was charged in a single count indictment alleging Conspiracy to Possess with Intent to Distribute Cocaine, in violation of 21 U.S.C. 846 (Class B). It was alleged that during nine (9) transactions the defendant had purchased a total of 150 grams of cocaine powder for redistribution. The client had no prior criminal record and was "safety valve eligible" with a Total Offense Level of 13 and Criminal History Category I according to the U.S. Sentencing Guidelines Table (U.S.S.G. Chapter 5, Part A), for an imprisonment range between 12 to 18 months. There was no Plea Agreement and Attorney Cronin argued for a downward departure from the advisory sentencing guidelines, in light of the defendant's lack of prior record and acceptance of responsibility. Judge F. Dennis Saylor, IV, imposed a guideline sentence and ordered that the defendant be imprisoned for 12 months and 1 day, with three years of probation upon release. On this 12 month sentence defendant will be parole eligible in 10 months, and with 3 months credit for time served, he will serve an additional 7 months in prison from the date of sentencing. Defendant was one of 11 individuals charged; 2 other defendants have entered guilty pleas and await sentencing, while the remaining 8 defendants are scheduled for jury trial in Worcester Federal Court in January of 2011.
Board of Registration in Nursing, Massachusetts Department of Public Health, Suffolk County, No. 2008-0707-LN001, Boston, MA, July, 2010: Client, a 59 year old Leicester woman licensed to practice as a Licensed Practical Nurse since 1977, was alleged in May of 2008 to have forged a prescription for medication for her personal use, using a prescription form pre-signed by a physician at the Fallon Clinic and filling in the medication, dose and number of refills, then faxing the completed prescription to a pharmacy to be filled. The Board of Registration in Nursing brought an Order to Show Cause complaint, alleging five (5) counts of violations from accepted standards of nursing practice. Through Attorney Cronin acting in her defense, the client denied the allegations, and urged that the Board continue its investigation to consider further mitigating information provided in defense. In their findings dated July 21, 2010, the Board determined that the client's conduct did not warrant disciplinary action as a result of her remediation efforts and dismissed the complaint without prejudice.
Worcester Central District Court, June, 2010: Client, a 29 year old Worcester woman, was charged with Assault & Battery / Dangerous Weapon, to wit: an aluminum baseball bat, upon her former boyfriend, who unreasonably insisted upon defendant's guilty plea with anger management as a condition of probation. After a three witness jury-waived trial (without a jury), a District Court Judge found the defendant Not Guilty.
Worcester Superior Court, Civil Action No. 08-1993B, May, 2010: Client, an 81 year old widow from Shrewsbury, fell when leaving the newly opened Price Rite Market on Gold Star Boulevard in Worcester. Her Complaint alleged that the property owner in the midst of renovations failed to properly mark elevation changes and failed to install a railing to assist in stepping off a curb in the exit area. A railing was installed after the plaintiff's fall. The plaintiff's injuries required surgeries for a torn rotator cuff and patellar fracture to the right knee. She also fractured the upper bridge of her mouth and required post and core treatment for a new bridge. Mediation failed and the case was scheduled for jury trial in Worcester Superior Court. The case settled before trial for $85,000.00; made possible by a significant reduction of the medical expense lien of MSPRC CMS Centers for Medicare & Medicaid Services.
Worcester Superior Court, Grand Jury Appearances, April, 2010: Client, a Massachusetts corporation, with a principal place of business in Worcester County, received a Subpoena Duces Tecum from the Worcester County Grand Jury regarding the Commonwealth Attorney General's Office investigation of alleged PCB dumping at a Leominster construction site. The client appeared as a witness and was not the target of the investigation. Attorney Cronin assisted the client in producing responsive business records and appeared before the Grand Jury with the company's President, who fully cooperated with the government investigation and provided testimony as to the chronology of their work on the site. Attorney Cronin also appeared before the March, 2010 Grand Jury, representing a witness to a Home Invasion case, regarding her "Advise of Rights" and Fifth Amendment issues relating to her testimony.
Fitchburg District Court Jury Session, March, 2010: Client, a 27 year old inmate at the Souza-Baranowski Correctional Center in Shirley, MA, was serving a 4to 4½ year state prison sentence out of Hampden Superior Court for Unarmed Robbery and Kidnapping. Due to the severe overcrowding of inmates, the prison mandated double bunking and the prisoners protested by staging consensual fights between inmates in their cells. The Boston Globe reported that the number of assaults "spiked at the maximum security facility in Shirley and plunged at the Walpole prison after the state's most dangerous prisoners were transferred from Walpole to Shirley." (Boston Globe, Nov. 22, 2009, p. B4.) Mr. Cronin's client was charged in the Clinton District Court with 4 counts of assault & battery upon fellow inmates, and 1 count of assault & battery on a correctional officer, who alleged that the client threw a tray of food that struck him in the foot. The case was transferred to the Fitchburg District Court Jury Session, where upon advice of counsel, the client rejected the prosecutor's offer to plead to a 6 month from & after sentence. On the date of scheduled jury trial, two of the assault & battery "victims" had been released from custody and the other two refused to testify for the prosecution, stating that the contact with the defendant was consensual. The correctional officer failed to appear despite subpoena, and the prosecutor dismissed all counts brought against the defendant.
Worcester District Court, January, 2010: Client, a 46 year old Worcester woman, was found Not Guilty after a 3 witness jury waived trial on allegations of Assault & Battery Dangerous Weapon. It was alleged that she struck her 16 year old daughter with a broom after the daughter argued that she did not want to be baptized as a Pentecostal Christian. The Judge sitting in Worcester Central District Court found the defendant Not Guilty after he was persuaded by Attorney Cronin that the battery force was justifiable as a method of teaching and discipline authorized by a parent, without intending harm to the child.
Worcester District Court, January, 2010: Client, a 26 year old Worcester woman, charged with Assault & Battery found Not Guilty after 3 witness jury waived trial. Attorney Cronin persuaded a Judge in Worcester Central District court that the victim and witnesses could not identify defendant as the assailant in the melee, and the defendant was thereby found Not Guilty. The Commonwealth also dismissed charges of breaking and entering in the nighttime and malicious destruction of property.
Worcester District Court, January, 2010: Client, a 42 year old Roxbury man, has 5 of 7 charges dismissed, pleading guilty to 90 days in the House of Correction, credit 90 days served while held on bail on a charge of Receiving a Stolen Motor Vehicle. Defendant was released from Massachusetts custody, remaining held for the states of New Jersey and New York on Fugitive from Justice complaints.
Worcester District Court, February, 2010: Client, a 20 year old New Hampshire man was a full-time student at Worcester Polytechnic Institute (WPI) charged with a single count of Criminal Harassment upon a fellow student who was his former girlfriend. The case was placed on Pre-Trial Probation status, under G.L.c.276, section 87, with no plea and no finding, to be dismissed in 9 months upon compliance with anger management counseling and stay away order. The defendant with no prior record will be permitted to return to school in January of 2011, remaining with no record of conviction, as the charges will be dismissed.
Worcester District Court, February, 2010: Client, a 22 year old Worcester man was charged with 3rd Offense Cocaine Distribution and School Zone Distribution of Cocaine, facing a minimum mandatory 7 year state prison sentence. Defendant had previously served a 2 year committed House sentence for the same offense conviction. Attorney Cronin persuaded the prosecution that warrantless search issues if brought before the court on a motion to suppress, might yield no conviction. The Commonwealth agreed to a sentence of 1 year to the House of Corrections, committed, credit 2 months served.
Ayer District Court, December, 2009: Client, a 21 year old Lunenburg man was charged with Operating Under the Influence of Alcohol, first offense, after having being stopped for speeding by the Townsend Police. Attorney Cronin’s Motion in Limine to exclude from evidence the marijuana found on his client was allowed, as the small amount was only the subject of a civil citation and the substance was never tested and confirmed to be a controlled substance. The defense stipulated to the elements of public way and operation, but disputed that consumption of alcohol diminished the defendant’s capacity to operate a vehicle on the night in question. The defendant testified that he had 3 beers prior to driving and did not have an impaired ability to operate. After only 10 minutes of deliberation, a jury of six found the defendant not guilty after a three witness trial before Judge Peter Kilmartin.
Worcester District Court, December, 2009: Client, a 41 year old Worcester woman was charged in 1994 with Assault & Battery with a Dangerous Weapon and Breaking & Entering in the nighttime. The client was in default for 15 years, and after retaining Attorney Cronin, had the default removed and warrant recalled. After two court appearances the charges were dismissed at the request of the Commonwealth.
Worcester District Court, November, 2009: Client, a 34 year old Worcester woman was charged with Assault & Battery upon her former sister-in-law, who showed no physical sign of injury and declined medical treatment at the scene of arrest. Attorney Cronin was able to persuade the prosecution to dismiss the case on the scheduled jury trial date, based upon the defense of self-defense, the fact that the client had no prior criminal record and the Court’s acceptance of the Accord & Satisfaction settlement agreement reached between the parties.
Worcester District Court, November, 2009: Client, a 25 year old Worcester man was charged with felony Unarmed Robbery of a liquor store, an offense potentially punishable by imprisonment in the state prison for life. The prosecution agreed to reduce the charge to misdemeanor Larceny Under $250.00, and upon the defendant’s admission, the Commonwealth recommended 9 months committed to the House of Correction. Attorney Cronin persuaded the Court to adopt the defendant’s sentencing recommendation and he was sentenced to 4 months in the House of Corrections with credit for time served.
Worcester District Court, November, 2009: Defendant, a 32 year old Worcester man was charged with violating his Level III probation, based upon urine samples testing positive for drugs and failure to comply with the terms of his probation. Defendant suffered from bipolar and schizo-affective disorder and was recently released from an inpatient drug treatment facility, where he addressed the dangers of mixing prescription drugs with alcohol and illicit drugs. Instead of imposing a 2 year suspended House of Correction sentence, Attorney Cronin persuaded the Court to terminate probation unfavorably, and the defendant was discharged and released from the terms of Level III probation.
Worcester District Court, November, 2009: Defendant, a 30 year old Worcester woman, was charged with Threatening to Commit a Crime, to wit: Assault & Battery. Attorney Cronin persuaded the prosecution to dismiss the charges upon the defendant’s payment of $100.00 in court costs.
Worcester District Court, November, 2009: Defendant, a 32 year old Worcester man was charged with Domestic Assault & Battery upon his live-in girlfriend. At a three witness jury waived trial, the alleged victim testified under Attorney Cronin’s cross-examination that the defendant, “kind of pushed” her, but was unsure what part of his body made contact with her. She also admitted that she had initiated the argument by throwing items at him. The defendant testified and denied that he ever touched the alleged victim. The Judge, sitting without a jury, found the defendant not guilty and he was discharged from the allegations.
Worcester District Court, October, 2009: Defendant, a Maryland resident, retained Attorney Cronin to vacate a 2002 default warrant on unresolved charges of shoplifting, providing a false name upon arrest and using a false liquor ID. Defendant was a citizen of Ghana and her application for green card was pending. A conviction would have potential immigration consequences, including deportation, denial of naturalization as a U.S. citizen, or exclusion from citizenship. Attorney Cronin argued that the defendant was married to a U.S. citizen, her two children were U.S. citizens and that since 2002 she had become a gainfully employed full-time certified nurse’s assistant. The Court was persuaded to dismiss all charges upon her payment of $200.00 in Court costs.
Worcester District Court, October, 2009: Client, a 49 year old Worcester woman, was charged with being a disorderly person, and Lewd, Wanton and Lascivious Conduct. It was alleged that she had engaged in public sex acts with a male co-defendant. Attorney Cronin was able to persuade the prosecution that it was impossible to observe the complained of conduct from the stated look-out observation place and the case was dismissed. The client was thereby spared the requirement if convicted of registration as a sex offender under Massachusetts law.
Worcester District Court, October, 2009: Client, a 21 year old Worcester man was charged with felony Armed Carjacking and Assault by Dangerous Weapon. Attorney Cronin persuaded the prosecution that his client was extremely inebriated, and as a drunken passenger in the vehicle, was not an active participant in the alleged joint venture. The felony was then amended to misdemeanor Larceny, keeping jurisdiction within the District Court (without proceeding to the Grand Jury or Superior Court) and the client plead to a term of supervised probation.
Worcester District Court, October, 2009: Client, a 35 year old Leominster woman, was charged with Identity Theft, in violation of G.L. c. 266 section 37E. Attorney Cronin persuaded the judge to dismiss the charge where there was no evidence that the defendant had posed as another person with an intent to defraud.
Worcester District Court, September, 2009: Client, a 31 year old Worcester woman, was arrested at her boyfriend’s apartment where a search warrant was executed, yielding 41 grams of cocaine. Attorney Cronin was able to demonstrate to the Court that his client was merely present and was not a target in the search warrant affidavit. Charges of Cocaine Trafficking (calling for a 5 year minimum mandatory sentence) and Distribution of Cocaine in a School Zone (calling for a 2 ½ years in the House of Correction, from and after the 5 year sentence) were dismissed at the request of the Commonwealth, with the grateful consent of the defendant.
Worcester Superior Court, August, 2009: Client, a 38 year old Fitchburg woman, was previously convicted and placed on supervised probation for White Collar Embezzlement and Conspiracy, as a joint venture participant in stealing over $500,000.00 from her former employer. While on probation she was newly arrested and charged with Operating Under the Influence of Intoxicating Liquors in the Fitchburg District Court, and she was acquitted after trial on this new charge. In a contested probation violation hearing in Worcester Superior Court, the Judge chose not to impose probation’s recommended 2 ½ year House of Correction sentence, and instead extended the client’s Level III probation, conditioned on her successful completion of an inpatient sober house for women in Fitchburg.
Worcester District Court, August, 2009: Client, a 19 year old Worcester man, was a passenger in a vehicle stopped by the Massachusetts State Police for defective equipment violations. The police observed a small amount of marijuana on the client’s pants and said that he consented to a search of the glove compartment of the vehicle that he was a passenger in. Attorney Cronin’s Motion to Suppress argued that there was no consent to search and that the warrantless search violated the 4th Amendment to the United States Constitution and Article 14 of the Massachusetts Declaration of Rights. After 2 scheduled hearings where the arresting officer failed to appear the prosecution agreed to dismiss the charges of Possession of Ammunition without and FID Card.
Worcester District Court, July, 2009: Client, a 29 year old Cotuit woman, was charged with 3 counts of being a common nightwalker, engaging in sex for a fee. She had previously served 1 year in the House of Correction for the same charges. Attorney Cronin successfully persuaded the judge to permit the client to avoid jail by completing a pre-trial intervention program as a condition of pre-trial probation. Upon completion of the program the charges were dismissed.
Worcester District Court, June, 2009: In a case originating from Judge allows defense Motion to Suppress Search of Automobile Trunk, filed by Attorney Cronin, as not pertaining to instrumentalities of any suspected crime, a search conducted in violation of the Fourth Amendment of the United States Constitution and Article 14 of the Massachusetts Declarations of Rights. Firearm Charges Dismissed.
Worcester CDC Jury Trial Session, May, 2009: Client, a 65 year old Paxton man, in a 2 car motor vehicle dispute, was charged with chasing the alleged victim’s car for several miles after a traffic dispute. The elderly defendant had a heart attack upon arrest and was arraigned by a Judge at Worcester Memorial Hospital, while represented by Attorney Cronin, who persuaded the judge to release the defendant on personal recognizance. On felony charges of Assault & Battery/Dangerous Weapon: To-Wit: Motor Vehicle (2 counts), the defendant faced a potential of 10 years in the state prison. Road rage is alleged and after a three witness trial a six member jury returned a Verdict of Not Guilty. The acquitted defendant was discharged from his arrest.
Other recent Criminal Jury Trials:
- Commonwealth v. BA, (2008) Fitchburg Jury Trial. Judge Elliot Zide, OUI Liquor 2nd Offense, Verdict: Not Guilty.
- Commonwealth v. SL, (2008) Fitchburg Jury Trial, Judge Andrew Mandell, OUI Liquor, Jury Verdict: Not Guilty.
- Commonwealth v. KC, (2007) Fitchburg Jury Trial, Judge Elliot Zide, OUI Liquor, Jury Verdict Not Guilty.
- Commonwealth v. JL, (2006) Fitchburg Jury Trial, Judge Andrew Mandell, Assault & Battery/Dangerous Weapon, Jury Verdict Not Guilty.
- Commonwealth v. TJ, (2006) Fitchburg Jury Trial, Judge Edward Reynolds, ADA David Ferracco, Assault & Battery/Dangerous Weapon, To-Wit: Chair: Jury Verdict: Not Guilty.
- Commonwealth v. JM, (2004), Fitchburg Jury Trial, Judge Andre Gelinas, Assault & Battery, Jury Verdict Not Guilty.
