Attorney Anthony M Salerno's Legal Cases

Criminal defense

Commonwealth v. MR 13CR1180

Jul 30, 2013

OUTCOME: NOT GUILTY

Worcester: A Worcester man was arrested and charged with an Assault And Battery On A Police Officer, Resisting Arrest and Disorderly Conduct. City police responded to a disturbance call for lou ... d music.The police did not have a description or BOLO for anyone involved. Upon arriving near the reported address, police observed our client in a driveway The client upon seeing the police roll up, turned and ran back down his drive. The police immediately gave chase catching the client before he got to the rear door of the house. Two officers ran him into a fence and he bounced off the fence and spun around. There police testified that the client made a fist and they felt threatened. One of the offices testified that he though the the client took a combative stance so he attempted to knee him in the chest. The officer further testified that when he went to knee the client, the officer slipped on black ice and accidentally kneed the client in the face. The client went down stunned. When he regained his senses and attempted to get up, he was pushed over a snow bank falling to the ground. The client was struck with a night stick and struggled to prevent the officers from cuffing him. Eventually, he was cuffed. An ambulance was called to the scene to treat the client for injuries to his head, face and hands. He received stitches to the face in two places and his hand. At trial, we established that the client was never placed under arrest or even advised until after the cuffs were on him. Without knowledge that he was being arrested, he could not be considered to be resisting arrest. Further, we proved that he had committed no crimes and was on his own property when the police observed him run back down his own driveway therefore no probable cause existed to pursue him. We convinced the jury that after police caught up to our client what followed was nothing more than a repeat of Rodney King. The jury went out to deliberate only to return with NOT GUILTY verdicts within minutes. 13CR1180 Real Cases, Real People, Real Results.

Criminal defense

Commonwealth v. ML 12CR10229

Jul 29, 2013

OUTCOME: NOT GUILTY

Worcester: A Worcester man was arrested and charged with Operating Under The Influence, Leaving The Scene and Assault and Battery. The client had gone outside to attempt to get his wife's stuck car ou ... t of the snow bank. When he rocked the car in and out, he lost control striking 3 parked cars. The owner of one of the cars came out of his house and confronted the client. The client attempted to walk away only to have the neighbor block his movement. The neighbor raised his arms up causing the client to react and grab one of the neighbor's arms. At that point police arrived only to witness the grabbing by the client. Police immediately arrested and charged the client with Drunk Driving, Leaving The Scene Of An Accident and Assault and Battery. At trial today, we were able to introduce evidence that our client had received a deep gash to his chin during the accident. Additionally, he lived just up the street and was heading home to get medical help. He was not the aggressor but rather just stood his ground and prevented the neighbor from striking him first. NOT GUILTY Real Cases, Real People, Real Results. 12CR10229

Criminal defense

Commonwealth v. KL 12CR7697

Jul 25, 2013

OUTCOME: NOT GUILTY

Millbury: A Millbury woman had just entered her car in a parking lot adjacent to a local bar at 2 AM. Police had responded to a call for a disturbance outside the bar. Reference was made to o ... ur client, who was seated in her vehicle. A female police officer approached our client. There was a brief conversation at the driver's side window. Within in seconds there developed a strong "difference of opinion" between the officer and our client. A back up officer arrived and our client was involuntarily removed from her vehicle. Almost instantly she was placed under arrest for, Operating Under The Influence Of Alcohol, Disorderly Conduct, Resisting Arrest, and Assault & Battery On A Police Officer. During trial, we developed evidence establishing that the parking lot actually belonged to another business which was closed at the time of the incident. We convinced the court that the status of the parking lot was at that time, private property and our client could be considered a "trespasser". This was important as the law relating to Operating Under the Influence only applies to "Public Ways". A public way is a public road or place the public has access to as invitees. There were signs posted in the parking lot stating parking for customers only (of the business not the bar) all others will be towed. This notice coupled with the time of day, made our client technically, a trespasser. The necessary element of public way was lacking in the prosecution's case. The client had the sense to refuse the field sobriety and breath tests, thereby making her defense stronger. Additionally, the evidence did not support a conviction that our client assaulted the police officer as it was the officer who entered the car to pull our client out. NOT GUILTY 12CR7697 Real Cases, Real People, Real Results.

Criminal defense

Commonwealth v. LS 13CR0934

Jul 16, 2013

OUTCOME: CASE DISMISSED

Sturbridge: A 18 year old woman was arrested and charged with a series of serious felony charges, Robbery, Larceny Over, and Conspiracy. Theses charges stem from an incident where she was in the ... wrong place at the wrong time with the wrong guy. The client was with a male acquaintance who asked her to contact another individual requesting they meet in a parking lot. She drove her friend to the meeting. Once at the parking lot the other individual got into her car. There was some small talk then a struggle erupted. The two men rolled out of the car onto the ground fighting. She got out and attempted to stop the fight. The men separated with her friend yelling at her to get in the car and drive them both away. They fled the scene but where apprehended shortly thereafter. At trial we were able to put on a defense that dispelled the notion of her being the "Bonnie" in a "Bonnie & Clyde" type robbery. We were able to show that the meeting between the two males was nothing more than a drug deal gone bad. There was no evidence that our client had any prior knowledge of the drug deal or the plan to rob the guy. To have a conspiracy, there must be evidence of a mutual plan and meeting of the minds to accomplish a crime. Here there was no "Bonnie" therefore no crime. CASE DISMISSED. 13CR0934 Real Cases, Real People, Real Results.

Criminal defense

Commonwealth v. JN 12CR002464

Jul 10, 2013

OUTCOME: NOT GUILTY

Sturbridge: Sturbridge Police stopped a North Brookfield man for speeding. When police approached our client's car, police observed two 11 year old passengers and an empty beer bottle that rolle ... d out from under the seat. The officer testified at trial that our client had an odor of alcohol on his breath, glassy eyes and slurred speech. The client was ordered out of the car and told to perform field sobriety tests, (always refuse as there is no license ramifications for refusing field sobriety tests). After the tests, the client was arrested for Operating Under The Influence (OUI), Open Container of Alcohol in Motor Vehicle, Child Endangerment While Operating Under The Influence, and Speeding. The client was brought back to the police station where he consented to a Breathalyzer, which he failed, (ALWAYS REFUSE THE BREATH TEST). At trial we introduced evidence that disputed our client's performance on the field sobriety tests. The client was 6'4', 350 lbs, and rather agile. The court was also provided with evidence by our office that demonstrated a significant delay in time from the point of arrest to the time of taking the breath test, so as to draw into doubt the validity of the breath tests. After a hard fought trial, a NOT GUILTY verdict for the client on the criminal charges and just a civil responsible finding on the speeding ticket. 12CR002464 Real Cases, Real People, Real Results

Criminal defense

Restraining Order 13RO136

Jun 28, 2013

OUTCOME: NO RESTRAINING ORDER ISSUED AGAINST OUR CLIENT

Leominster: A mother of two and wife of a Leominster man found herself facing an Abuse Prevention Order commonly known as a Restraining Order. The emergency temporary order was issued after the ... husband reported to police that he and his wife had a heated argument in their home over the discipline of one of the children. The husband told police that our client had picked up a 10 inch butcher knife and threw it at him narrowly missing him. At the formal hearing before the court, the husband told the same story. During our cross examination of the husband, we were able to elicit evidence than the knife did not land anywhere close to him. Additionally, it was brought out that he did not call the police for some 5 hours after the alleged incident. The testimony revealed that the husband wanted to obtain a restraining order to use it in a projected divorce proceeding. The 5 hour delay further underscored our position that the husband manufactured the whole "crisis" for his own benefit. The court agreed with our position that the husband was never in any imminent fear of physical harm and there was no need to issue a restraining order and have our client put out of the house. Restraining Order DENIED, 13RO136 Real Cases, Real People, Real Results.

Criminal defense

Commonwealth v. CM 13CR480

Jun 26, 2013

OUTCOME: CASE DISMISSED

Leominster: A North County man was driving through Leominster in the early evening hours. Police allege the driver was operating his motor vehicle with the fog lights on, even though the weathe ... r was clear. As a result of the police's observation, the client was pulled over. Unfortunately, the operator's license was revoked for an OUI conviction. In Massachusetts, if you are convicted of operating a motor vehicle after your right to operate has been suspended for an OUI conviction, you face a mandatory jail sentence. You have to serve a minimum of 60 days. We were able to establish that our client was operating his vehicle properly with all his lights working correctly. The fact that he had his fog lights on and no other violations, did not rise to the level of probable cause so as to have a legal stop of our client's car. Case Dismissed. 13CR480 Real Cases, Real People, Real Results.

Criminal defense

Commonwealth v. JZ 12CR1581

Jun 17, 2013

OUTCOME: Case Dismissed

Grafton: Police responded to a 911 call reporting an erratic operator. The caller was following our client and provided police with his make, model and registration plate. Police caught up to the ... vehicle and observed its operation. Police report seeing the car drive on the shoulder of the road then make a looping turn into, of all places, a package store. The police report approaching our client, the only occupant, and requested his license and registration. He had some difficulty producing his license. Police said they could smell alcohol on his breath and that his eyes were bloodshot. The client was asked to step from the car and as he did, police located an open cold bottle of Heineken in the cup holder. He appeared unsteady on his feet according to the police officer's opinion. The officer eventually arrested the client and charged him with Operating Under The Influence, (OUI). The case was looking a little shaky at this point. As we dug deeper into the case, we were able to establish that client did not read English and spoke broken English, at best. Massachusetts General Law, Chapter 263, section 5A, requires that anyone arrested and charged with OUI, has the right to an independent medical exam/blood test, conducted at their own expense. You must be afforded these rights at the time of your booking so as to capture the evidence in a timely manner. We secured a copy of the police booking room DVD. Unfortunately, at the time of our client's booking, the audio portion of the recording was not working properly. There was no Spanish speaking officers on duty at the time of arrest and no Spanish written rights forms used in this case. We asked the court to travel back to the era of silent movies and interpret our client's "body language" on the silent screen, (booking DVD). From his actions, we convince the court that our client could not have understood his rights to an independent medical exam/blood test and as a result was prejudiced, by not being afforded his proper rights. The court agreed, CASE DISMISSED. 12CR1581 Real Cases, Real People, Real Results. --

Criminal defense

Commonwealth v. TM 13CA0078

Jun 11, 2013

OUTCOME: ALL CHARGES DISMISSED

Gardner: On Sunday May 5th, Ashburnham police observed a motor vehicle that did not have an up to date validations sticker on the license plate. Police stopped the car and requested our client' ... s license and registration. The validation sticker was in with his registration papers when he presented them top the officer. The client, a couple weeks earlier had pled to a drunk driving case and received a 45 day loss of license. His attorney, at the time, had advised him to go through the procedures to obtain a hardship license. Driving while your license is suspended for a drunk driving conviction, is a mandatory 60 days in jail, no questions asked. At a hearing in court, we were able to establish evidence that our client had at least enrolled in the first offenders alcohol education program. He had enrolled on Saturday May 4th. We provided the court with the policy of the Registry of Motor Vehicles, that allows for application for a hardship license, once you are enrolled in the program. With his enrollment certificate in hand, our client had gone to the RMV first thing on Monday May 6th and obtained his hardship license. Even though it was a day late, (We stressed to the court that with the RMV closed on Saturday and Sunday) this was his first opportunity to obtain the license. Further, auguring that in the interest of justice and fairness, to punish him with such a severe sanction, given the timing and circumstances, would not serve any purpose. CASE DISMISSED. 13CAC0078 Real Cases, Real People, Real Results

Criminal defense

Commonwealth v. WJ 13CR0272

Jun 04, 2013

OUTCOME: NOT GUILTY

Framingham: Marlboro police stopped motor vehicle for speeding, 47 mph in a 35 mph zone at 12:30 AM. The police officer was a rookie being trained by a more experienced officer. The police allege ... d that they detected an odor of alcohol on the driver's breath. They questioned the driver as to what he may have consumed. Our client responded the he had just had a beer 10 minutes earlier. Police had him exit the car. Both officers testified that the client had a hard time exiting and had to use the door for support. Once outside the car, police attempted to have the client preform Field Sobriety Tests. The client refused to do the one legged stand or the 9 step walk and turn tests. Police then held a pen up to the client's eyes along with a flashlight. He was directed to follow the pen with his eyes, otherwise know as the Horizontal Gaze Nystagmus Test. The client closed his eyes and refused to do the test. He was arrested and brought back to the police station. There, police attempted to pressure him into taking a breath test. They told him his license would be suspended for 180 days if he refused and only 30 if he failed the breath test. The client smartly refused the breath test. At trial, we crossed examined the rookie police officer. It was revealed that he was on an extended break-in training period due to prior poor performance. . Additionally, as the officer took the witness stand, he used his arm to support his movement to the witness chair. We highlighted for the court that the officer's move into the witness chair was exactly the same type of move the client made to get up and out of his car. We were successful in keeping out of evidence that the client was an attorney. We thought this evidence would have been harmful to the client's defense and allowed for reading more to his refusals. The client/attorney knew not to provide evidence against himself by complying with the order to preform field sobriety and breath tests. The prosecution failed to support probable cause for the arrest and the client was found not guilty. NOT GUILTY. 13CR0272 Real Cases, Real People, Real Results

Anthony M Salerno's Legal Cases (60)

Commonwealth v. MR 13CR1180

Commonwealth v. ML 12CR10229

Commonwealth v. KL 12CR7697

Commonwealth v. LS 13CR0934

Commonwealth v. JN 12CR002464

Restraining Order 13RO136

Commonwealth v. CM 13CR480

Commonwealth v. JZ 12CR1581

Commonwealth v. TM 13CA0078

Commonwealth v. WJ 13CR0272