Police located the apartments through advertisements for massage services on the website Backpage, and then contacted the leasing offices for those units. The defendant also paid monthly rent for the apartments, using a check with his name and home address on it. On January 2, , law enforcement officers stopped the defendant after observing him make an illegal U-turn. The defendant told police officers that he was coming from his primary residence to check the mail and empty the trash for his secondary residence.
In the dumpster, the officers found a trash bag with used condoms, condom packaging, and small cards explaining how to use condoms in multiple languages. For the next three months, the police watched the three locations, watching the defendant deliver groceries, and many men entering the buildings and leaving after several hours.
The police interviewed several of the men after they left the apartments and the men admitted that they had gone to the apartments in response to advertisements knowing that sexual services were being offered. Officers obtained and simultaneously executed a warrant to search the five locations. At each location, condoms, ledgers, and other evidence were discovered on site. The defendant was charged and convicted of various charges stemming from operating brothels. On appeal, the defendant made two claims, 1 that the evidence was insufficient to support his convictions, 2 that the search of his home was not supported by probable cause, violating the Fourth and Fourteenth Amendments, and 3 that there were evidentiary issues at trial.
On the first claim, the appeals court admits that neither the mere presence at the scene of a crime nor association with a person involved in the crime is sufficient to convict a defendant under a joint venture theory.
The court points out, however, that in this case, the evidence in the record points to much more than that. If you have recently been arrested or charged with a Massachusetts sex crime , call Attorney Patrick J. Murphy to see how he can help. Attorney Murphy is a dedicated criminal defense attorney with extensive experience handling all types of serious cases. To learn more about how Attorney Murphy can help you, call to schedule a free and confidential consultation. Boston Criminal Defense Lawyer Blog.
