Civil & Criminal Litigation
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Worcester District Court, April, 2012: Client, a 22 year old student at WPI was charged by the Worcester Police with 2 felony counts of Assault & Battery Dangerous Weapon, and Trespass at a WPI fraternity house, where 2 "brothers" were beaten by the defendant and one incurred dental expenses of $3,300. The felony counts were reduced to misdemeanor Assault & Battery and the case was continued without a finding to be dismissed in 1 year. Attorney Cronin also represented the client at the WPI school disciplinary proceedings, and after a period of suspension, the client plans to return to WPI this summer and thereafter finish his Senior year.
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Worcester District Court, March, 2012: Client, a 20 year old Worcester woman was charged with Armed Robbery and Assault and battery, Dangerous Weapon, which charges were dismissed at the request of the Commonwealth upon payment of restitution of $320.
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Worcester District Court, March, 2012: Client, a 56 year old Worcester woman, was charged with a single count of operating an unlicensed private trade school in violation of G.L. c. 93 sec. 21B, the Massachusetts Anti-Trust Act, providing for penalties of up to 6 months in prison and up to a $1,000. Fine. In a criminal complaint brought by the Worcester County District Attorney's Office, working with investigators from the Massachusetts Department of Secondary and Elementary Education, it was alleged that the client had run an unlicensed bartending school known as the Boston Bartending School of Worcester. Attorney Cronin argued that the Complaint should be dismissed on grounds of statutory strict construction and principles of constitutional law. Arguing against government red-tape where it has no legitimate interest, counsel submitted that bartending is not an "apprenticeable skilled trade" within the meaning of the regulatory statute, like carpenters, plumbers, electricians or vocations leading to a state issued license or certification, based upon public safety and compliance issues with public enforcement codes. Attorney Cronin argued against unreasonable government over-regulation, in violation of the 14th Amendment of the U.S. Constitution and articles 1, 10 and 12 of the Declaration of Rights for the Commonwealth of Massachusetts, guarantees intended to protect every person in the enjoyment of his liberty and property, and that within those words are included the right to engage in any lawful occupation, subject to reasonable regulation. The government relented and agreed to have the case continued with no plea, no finding and no admission, continued for 6 months to be dismissed under G.L. c. 276 sec. 87.
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Worcester District Court 6 Member Jury Session, March, 2012: Client, a 52 year old Worcester man, with the same name but of no relation to his lawyer, was found Not Guilty after a jury waived trial on charges of Larceny Over $250., Entering a Dwelling at Night For Felony and Trespass. The alleged 75 year old male victim testified at trial that at 4 am he was momentarily awakened for 2-4 seconds while sleeping on a cot in his kitchen. He testified that he heard a noise, opened his eyes for 2-4 seconds and saw the defendant outside on his porch. He returned to sleep and awoke at 6 am to discover $300. missing from his wallet. He reported the incident to the police, identifying the defendant as a suspect, and a warrant issued for the defendant's arrest. Months later the victim hired the defendant to perform yard work at his house and never confronted him with the allegation or contacted the police to arrest on the warrant. During cross-examination at trial, Attorney Cronin attacked the eyewitness identification as a dream or apparition, established that other tenants on the property may have had access to where the money was kept and questioned why the witness did not contact the police when he hired the defendant to return to the property. Defendant was found Not Guilty on all counts after a 2 witness jury waived trial. Cronin the Client was released from custody on March 16 and enjoyed St. Patrick's Day with the leprechauns.
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Worcester Superior Court, February, 2012: Client, a 32 year old Worcester man was found Not Guilty by Reason of Mental Illness after a two day jury waived trial in Superior Court. The client was charged with Mayhem, Assault with Intent to Murder and Assault & Battery with a Dangerous Weapon, in connection with an attack on a waitress at the Uno Chicago Grill in Worcester in August of 2009. It was alleged that the client, a patron at the restaurant, randomly grabbed the waitress by the hair and cut her face with a box cutter. Initially the client was found not competent to stand trial, but was re-examined one year after the incident and was found to be competent. At trial, Attorney Cronin then successfully raised the Insanity Defense based upon expert evidence introduced from a forensic psychologist that the client suffered from paranoid schizophrenia, was actively delusional and was not criminally responsible for the offense. A psychiatrist retained by the prosecution concurred that at the time of the offense, as a result of mental disease of defect, the defendant lacked the substantial capacity to either appreciate the wrongfulness (criminality) of his conduct or to conform his conduct to the requirements of law. Commonwealth v. McHoul (1967). Upon the finding of Not Guilty by Reason of Insanity, the client was committed to Bridgewater State Hospital for 6 months.
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Worcester District Court 6 Member Jury Session, March, 2012: Client, a 41 year old Worcester man, was charged with Domestic Assault & Battery, and was found Not Guilty after a jury waived trial where the alleged victim raised her Fifth Amendment privilege not to testify and incriminate herself.
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Worcester District Court 6 Member Jury Session, March, 2012: Client, a 35 year old citizen of Panama, was found Not Guilty after a jury waived trial on charges of Assault and Battery with a Dangerous Weapon. The prosecution had earlier dismissed an additional charge of Assault with Intent to Murder. At trial, the defendant's wife waived her Fifth Amendment rights and recanted a previous written statement that she had given to the Worcester Police. She testified that she made up the allegations out of jealously, and that she wrapped a cable around her own neck before going to the police and reporting that the defendant attempted to strangle her. A Worcester Police officer testified that he took her initial report and observed the red marks around her neck consistent with the cable that the alleged victim handed to the police. A District Court Judge found the defendant Not Guilty. The defendant had been held on bail for 4 months awaiting trial and an immigration detainer had been lodged at the Worcester County House of Corrections. His acquittal will assist in preventing the defendant from being deported.
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Worcester District Court 6 Member Jury Session, March, 2012: Client, a 43 year old Worcester man, was found Not Guilty after a jury waived trial on charges of Operating Under the Influence of Liquor, 1st Offense. At trial, a Milbury Police Officer testified that he stopped the defendant's vehicle for marked lanes violations, then smelled alcohol and noticed defendant's bloodshot eyes and slurred speech. Defendant was polite and cooperative, but smartly refused the breathalyzer, refused to perform field sobriety and invoking his Miranda right, refused to respond to questions as to where he had been or where he was going. Attorney Cronin called the defendant to testify at trial and he testified that prior to his arrest he had been visiting his grieving mother and that his dog who accompanied him was jumping in the passenger seat, causing him to apparently go over the marked lane of the roadway. A District Court Judge found the defendant Not Guilty.
- United States District Court, Worcester, November, 2011: Client, a 33 year old Worcester resident was charged with conspiracy to distribute marijuana, and was released on unsecured bond subject to pre-trial probationary conditions while the case was pending for 2 years. He pled guilty to so much of the indictment alleging that he was responsible for 50 kilograms of marijuana or less, and in this case, holding defendant responsible for 10 pounds of marijuana. Based upon the results of a safety valve interview the prosecutor attempted to raise the drug quantity that defendant was responsible for to 30 pounds, increasing the sentencing guidelines from 0 to 6 months to 8 to 14 months imprisonment, requiring an argument in the sentencing memorandum for a downward departure from the advisory guidelines. Attorney Cronin argued that the revised drug quantities were unreliable and unverifiable and should not be considered as relevant conduct in sentencing. The defendant was sentenced to 3 years probation, with the first 6 months on home confinement with electronic monitoring.
- Worcester District Court, November, 2011: Client, a 40 year old Virginia resident was in default since 1992 on firearm charges in Worcester Central District Court. In 1992, before the two-trial “de novo” system was repealed in Massachusetts, the client had been tried before a judge, found guilty, and sentenced to 1 year in the House of Corrections, committed, from which he appealed. The client then defaulted on his appeal to the jury session and the prosecution filed a motion to impose the primary court sentence. In the almost 20 years since his default the client had no further criminal activity and was gainfully employed. Attorney Cronin negotiated a disposition that avoided imposition of the 1 year committed sentence. Client pled guilty to an amended charged of Possession of a Firearm without an FID card and was sentenced to 2 years of administrative, unsupervised probation.
- Worcester District Court, November, 2011: Client, a 30 year old Florida resident, received a summons to show cause why a complaint should not issue for the charge of Unauthorized Access to a Computer System, under Mass. G.L. c. 266, s. 120F. The complaint was denied by a clerk magistrate and was appealed to a District Court Judge, who affirmed denial of the complaint, on grounds asserted by Attorney Cronin that the criminal statute was vague in failing to define a ‘computer system’ as opposed to an account.
- Worcester Superior Court, November, 2011: Client, a 44 year old Worcester man, was charged with (1) Kidnapping, (2) Aggravated Assault and Battery, and (3) Impersonating a Police Officer. The case was tried by Attorney Cronin before a 12 person jury for 7 days, and after 2 days of deliberations a compromise verdict was reached. Defendant was found Not Guilty of Impersonating a Police Officer and Aggravated Assault and Battery. Defendant was found guilty of Kidnapping and the lesser included offense of assault and battery. Client was sentenced to 4 to 5 years in state prison, where the sentencing guidelines called for a sentence of 45 to 67 months in prison.
- Worcester Grand Jury, November, 2011: Client, a 33 year old nurse practitioner, was represented by Attorney Cronin regarding her appearance before a grand jury investigating allegations of child abuse. Client was a percipient witness to the aftermath of abuse and was not a target of the investigation.
- Westboro District Court, November, 2011: Client, a 45 year old Grafton resident, was charged with Identity Fraud, in violation of Mass. G.L. c. 266 s. 37E. It was alleged that the client used another person’s identity to change contact information and procure a cell phone. Charges were Dismissed where the alleged victim failed to cooperate with the prosecution and the elements of fraud could not be proved by the Commonwealth.
- Worcester Superior Court, October, 2011: Client, a Pennsylvania resident, was named as John Doe, a defendant in a civil action brought in Worcester Superior Court by a plaintiff human stem cell technology company who alleged that the client had engaged in a series of defamatory, malicious, derogatory and harmful acts over the internet, so as to diminish stock prices and affect investors and grants awarded to this business in regenerative medicine. The plaintiffs were granted leave to subpoena the Internet Service Providers (ISP’s) to obtain the identity of the subscriber(s) issued the IP addresses identified by the plaintiff and to provide the identity of the anonymous person(s) posting messages or comments on a Yahoo message board. Under the provisions of the Cable Communications Policy Act of 1984, 47 U.S.C. s. 551, the ISP’s were ordered by the Court to provide the personal identity of the anonymous posters allegedly defaming the business, but only upon conditions that: (a) the ISP’s having seven (7) calendar days after service of the subpoena to notify subscribers that their identity is sought by plaintiffs, and (b) each subscriber whose identity is sought having twenty one (21) days from the date of such ISP’s notice to file any papers contesting the subpoena. After receiving the pre-disclosure notification as a subscriber, John Doe, an anonymous poster, retained Attorney Cronin to file an Objection and Motion to Quash the Subpoena. A timely Objection was filed, a hearing was scheduled and the case settled with the anonymous client not disclosing his personal identity under the terms of the confidentiality agreement.
- Worcester District Court, Six Person Jury Session, October, 2011: Client, a 40 year old Worcester man, was charged with Operating Under the Influence of Alcohol, first offense. There was no accident, no breathalyzer, no field sobriety tests and the defendant was first observed by the Uxbridge Police to be stopped in the break-down lane of the roadway. A six-person jury heard the case and reached a verdict of Not Guilty.
- Worcester Superior Court, October, 2011: Client, a resident of North Branford, Connecticut, was charged in a shooting and attempted holdup at a Worcester tattoo shop. He was charged in 12 counts with felonious Armed Robbery, Armed Assault with Intent to Murder, Attempted Murder, and Aggravated Assault and Battery. The co-defendant was the gunman who shot the victim 4 times during the robbery, and he was sentenced to 10 to 12 years imprisonment. Mr. Cronin’s client was charged in a joint venture, and on his plea of guilty, was sentenced to 6 to 7 years in state prison, with credit for 388 days credit for time served while held on $50,000.00 cash bail. Allegations of Habitual Offender and being an Armed Career Criminal were Dismissed.
- Worcester District Court, Six Person Jury Session, September, 2011: Client, a 44 year old Auburn man, was charged with Larceny Over $250., where it was alleged that he stole approximately $30,000. in motorboat parts and engines. After a two day jury trial, defendant was found guilty and sentenced to 90 days in the House of Correction, with no order of restitution, as requested by the prosecution. Defendant was released from the House of Correction after serving only 14 days of the sentence.
- Worcester Superior Court, August, 2011: Client, a 22 year old Webster man, was charged in a two count Indictment with Witness Intimidation, arising out of threats made to a witness to a double murder in July of 2007. It was alleged that the client intimidated the witness by verbal threat over the telephone and by a direct, in person threats where the client patted a gun on his belt and remarked “Snitches get stitches.” The defendant admit to being guilty, and a Justice of the Superior Court adopted Attorney Cronin’s recommendation of 2 ½ to 2 ½ years and 1 day Cedar Junction (Walpole), with credit for 10 months served. The prosecution had recommended a sentence of 5 to 7 years Cedar Junction, with 3 years from and after probation.
- Worcester District Court, 6 Member Jury Session, July, 2011: Client, a 39 year old Worcester man, was charged with two counts of Indecent Assault & Battery on a Child Age 14, and 1 count of Furnishing a False Name to the Police, all providing for a maximum potential sentence of 6 years in the House of Correction. The client changed his plea to guilty and received a sentence of 13 months to the House of Correction, consisting of two concurrent twelve month sentences for the sex offenses, and a 30 day from and after sentence on the false name violation.
- United States District Court, Worcester, June, 2011: Client, a 41 year old Dominican national residing in Lawrence, Massachusetts, was charged in a two count Complaint in federal court in Worcester with conspiracy to distribute and distribution of heroin in violation of 21 U.S.C. sections 841, 846; providing for a maximum jail term of life and a minimum mandatory sentence of 10 years imprisonment, if convicted. At an evidentiary Detention Hearing before a U.S. Magistrate Judge on May 26, 2011, an officer assigned to the federal Drug Enforcement Agency’s Worcester High Intensity Drug Trafficking Area Task Force (“HIDTA”) testified during cross-examination by Attorney Cronin that the client had been a passenger in a car and was present during a transaction where One Kilo of Heroin was exchanged for $57,000.00 in cash, delivered to a meet location in Clinton, Massachusetts. There was no evidence that the client had touched either the drugs or money, but the Magistrate Judge found that despite “relatively weak” evidence, it was a “close call” and relied upon the rebuttable presumption to detain the defendant on dangerousness grounds, 18 U.S.C. sec. 3142(e), although the evidence “may not be sufficient to satisfy a reasonable doubt standard.” On June 24, 2011, the U.S. Attorney’s office filed a Dismissal of Criminal Complaint pursuant to Fed. R. Crim. P. 48(a), granted leave by the magistrate judge, dismissing the Complaint while stating “that based on a close evaluation of the evidence and the defendant’s role in the offense the dismissal is in the interests of justice.” Defendant was released from the federal charges.
- United States District Court, Worcester, April, 2011: Client, a 47 year old Dominican native was charged in federal court with Illegal Re-entry of a Deported Alien, in violation 8 U.S.C. 1326. He had been convicted of criminal offenses, deported in 1998 and again in 2004, and had illegal reentered again in 2009. His federal guideline sentencing range was 46 to 57 months, based upon a total offense level of 21 and a criminal history category of III. Attorney Cronin argued for a downward departure from the advisory guidelines and the defendant was sentenced to 46 months imprisonment in custody of the U.S. Bureau of Prisons.
- United States District Court, Worcester, November, 2010: Client, a 23 year old Worcester woman was charged in a two (2) count federal indictment alleging: 1. Conspiracy to Distribute Methamphetamine, more than 500 grams, in violation of 21 U.S.C. 846, and 2. Possession with Intent to Distribute Methamphetamine, in violation of 21 U.S.C. 841(a)(1). Attorney Cronin was Lead Counsel under the federal Criminal Justice Act, and the defendant was released after detention hearing with conditions under Pre-Trial Services while the case was pending for 21 months. It was alleged that this single mother had conspired with two men, one being her former boyfriend and father of her young child, to sell 1,161 grams of methamphetamine, calling for a mandatory minimum jail term of 10 years if convicted. The two men waived their rights to trial, pleading guilty and were sentenced to prison terms of 11 years and 10 years, respectively. Attorney Cronin’s client refused to plead guilty and insisted that the government prove their case at a jury trial. On November 1, 2010, a federal jury of 12 was impaneled and sworn at the U.S. District Court in Worcester before Judge F. Dennis Saylor, IV. On day 3 of her Jury Trial, after the Court had ruled in favor of the defendant on pivotal evidentiary issues and motions raised by defense counsel, the government substantially reduced their pre-trial plea demands and now offered to enter into a capped plea agreement under Fed. R. Crim. P. 11(c)(1)(c), proposing to the Court an agreed disposition with a range of disparate recommendations; where the government would recommend 36 months imprisonment and the defendant could argue for 4 days credit time served and 3 years supervised release on the single count of conspiracy (with the government requesting dismissal of the distribution count). The client had no prior criminal record and was “safety valve eligible” with a Total Offense Level of 24 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 51 to 63 months. Attorney Cronin argued for the capped plea agreement and for a downward departure from the advisory sentencing guidelines, in light of the defendant’s lack of prior record and acceptance of responsibility. At the sentencing hearing on March 7, 2011, Judge F. Dennis Saylor, IV, imposed a sentence that committed the defendant to the custody of the Bureau of Prisons to be imprisoned for a term of 12 months and 1 day, with 3 years of supervised release thereafter. The Judge allowed the defendant to self-report to prison within 30 days and it is expected that she will serve 10 months imprisonment before being released. Her co-defendants did not exercise their jury trial rights and instead plead guilty to mandatory minimum 10 year jail terms.
- Milford District Court, October 2010: Client, a 27 year old Milford woman, was accused of Criminal Harassment and making Annoying Telephone calls. A Harassment Prevention Order had issued against the client under G.L. c. 258E. At a hearing seeking extension of the order, after Attorney Cronin cross-examined the complainant, a judge found that the allegations did not satisfy the definition of harassment and denied extension of the Order. A Clerk Magistrate then denied issuance of a criminal complaint against the client.
- Worcester Central District Court, October 2010: Client, a 41 year old Marine Corps veteran was charged with violation of an Abuse Prevention Order under G.L. c. 209A. Client had battled drug and alcohol addictions and had served a total of 50 months previous imprisonment. Despite the government’s recommendation for incarceration, Attorney Cronin persuaded the judge to order a suspended 2 year sentence, with one year probation, conditioned on completion of the Mission Direct Vet program and reside at Veteran’s, Inc. in Worcester, with drug and alcohol treatment and an order to stay away from the victim.
- Worcester Superior Court, October 2010: Client, a 44 year old Southbridge woman was on from and after probation after having completed a 4-5 year state prison sentence for Armed Assault with Intent to Murder. While on probation she was charged with new crimes of Escape from Custody and Assault and Battery with Dangerous Weapon. Based on the new offenses the government requested that her probation be violated and that she be sentenced to an additional 5-7 year state prison sentence. After a disputed evidentiary hearing in Worcester superior court, a judge found that the defendant was in violation of probation and sentenced her to 1 ½ to 2 years in state prison.
- Worcester Superior Court, October 2010: Client, a 37 year old Worcester man was charged with 6 indictments, alleging: (1) Possession of a Firearm without an FID card, (2) Possession of a Firearm with 3 prior violent felonies, (3) Improper Storage of a Firearm, (4) Possession of a Class D Substance, (5) Possession with Intent to Distribute a Class D Substance (9 pounds of marijuana), (6) Conspiracy to Violate Controlled Substances Act. Attorney Cronin’s Motion to Suppress the Search Warrant was denied after a judge found that defendant had no standing to contest the search, where he had no legitimate expectation of privacy in the vehicle searched, not being owner or passenger at time of the search. Attorney Cronin then filed a Motion to Dismiss the Firearm Indictments, and a judge allowed the motion on grounds that “There is no basis in the evidence presented to the Grand Jury from which knowledge of the firearm may be inferred and thus constructive possession cannot be established.” On the remaining drug counts the client was sentenced to credit for time served and 2 years from and after probation.
