In reviewing for harmless error, we consider pertinent the district court's appraisal of the evidence upon the denial of the motion for judgment of acquittal: THE COURT: Well, it's certainly not the strongest identification case that ever came down the [p]ike. Prosecutors are recommending that they get life in prison without parole. The Government's theory of the case was that, less than one hour after the robbery, a man having some resemblance to a description of one robber was caught with evidence stolen from the bank. 2d 66 (1970), where the court upheld the admission of a defendant's possession upon arrest of guns and ammunition other than those used in the armed bank robbery. Normally, "[i]n reviewing the court's refusal to suppress we look only to the record created at the suppression hearing." To customer retention specialisteverywhere: At the root of every grey hair, there is a dead braincell. Ben Affleck directs and stars in the gritty Boston crime flick "The Town.". United States v. Amuny, 767 F.2d 1113, 1124-25 (5th Cir. Security Pacific Bank, Norco, California, 1980, deadly shootout between local law enforcement and five bank robbers. cert. 2d 820 (1981). Unlike in Hasting, where the Court found harmless error, the identification evidence in this case was concededly weak. William Sequeira, 56, arrived at the Houston House in January 2018 after serving more than 26 years in prison for armed robbery. 2023 www.southcoasttoday.com. Knowing the area's bad reputation, agent Cassano could, at this point, reasonably infer, based on his 13 years of experience, that a bank robbery suspect was hiding somewhere in the building. First published on October 5, 2022 / 11:09 PM. Mile Square, Kuala Lumpur. Robert H. Brady, 42, was sentenced by Senior U.S. District Court Judge Douglas P. Woodlock to five years in prison and three years of supervised release. Originally called Mishawum by the Massachusett tribe, it is located on a peninsula north of the Charles River, across from downtown Boston, and also adjoins the Mystic River and Boston Harbor waterways. 1983). But finding an abuse of discretion as to the third issue, we vacate the judgment of conviction and remand to the district court for a new trial. Worcester:508-368-0100. at 190. Take any one of those things by itself, I don't think you could support a case, but you put them together, and you have a combination of circumstances, which I think would warrant the jury drawing an inference which is supportable beyond a reasonable doubt that he is one of the robbers. I told him, "Hold it. And because of the depth of its characters and the stellar performances of its cast, its hard not to wonder if it is actually based on the lives of real people. The Hudson robbery was one of two in New Hampshire; the others were in Connecticut and Rhode Island in 1991. The Boston Police . There is a seizure "only if, in view of all of the circumstances surrounding the incident, a reasonable person would have believed that he was not free to leave." 1977) (en banc), cert. See Masse, 816 F.2d at 809 n. 4, The Government has not argued that Ferreira's initial detention was not a "stop", i.e., a police-citizen encounter involving no restraint on freedom of movement in which the fourth amendment does not apply. Mere appearance of carrying a gun is not enough for relevancy. Phone 603-8321 5502. McDonald did not stand trial as he pled guilty to the same charge of unarmed bank robbery, Appellant maintains that this description was contradicted by the evidence at trial, and hence, the description was objectively unreliable for the subsequent stop. Shea's new sentence is for between 120 to 150 months in prison on the Londonderry bank robbery case. 2d 96 (1982). United States v. Cepulonis, 530 F.2d 238, 246 (1st Cir.) A witness reported seeing a man run from the bank into a car with Massachusetts plates. William Cassano, an F.B.I. There has been a culture in Charlestown that fostered that, he said. Posts: 240. top charlestown guys. The dispatcher told Cassano that Ferreira was seen carrying an orange-colored jacket, and wearing dark trousers with a ski mask over his face. This individual comes out the door and what happens next? Sequeira was once featured in an episode of the show "Caught in Providence." Better Breathing and Help for PanicAttacks, If you need to believe, try the God ofSpinoza, Setup your Google for an International Trip where WiFi is Limited orSlow, On Gods, with a focus on the ChristianOne, Primary Care Preventive Visit PatientInformation, How to Reorganize a Media Monkey Library with Lots ofPlaylists, Making a Video while walking using aSmartphone, I would like to be known for living simply and loving extravagantly. Where there is proof that a weapon has been employed in a bank robbery, a district court may permit the introduction of that weapon or a weapon of a similar kind to show identity, Eatherton, 519 F.2d at 611, or to corroborate testimony linking defendant to the crime charged. The former bank robber-turned-aspiring-movie producer who tried to claim it is back to prison. Although we base our decision on relevancy grounds, we also join the Laker court in holding that such evidence, even if remotely relevant, would have been unfairly prejudicial to appellant. Cf. The police say that of the 50 homicides the group has tracked since 1975, arrests have been made in only about half. About five minutes later (35-40 minutes after the robbery), the officers renewed their investigation of the building, which contained many vacant apartments. Oddly wholesome. 1983) (en banc), cert. UPDATE: Ordered held in lieu of $50,000 bail, the Suffolk County District Attorney's office reports. United States v. Hasting, 461 U.S. 499, 507-09, 103 S. Ct. 1974, 1979-80, 76 L. Ed. You're all set! We hold that Ferreira's fourth amendment rights were not violated. 1980) (flight has been factored into the reasonable suspicion calculus in cases in which the authority of the pursuer is not "readily ascertainable. The Banco Central burglary Stolen: $71.6 million. For instance, one of its bank robberies refers to a real-life robbery in Hudson, New Hampshire in which two-guards got killed. Joan Lieberman with whom John Wall, Boston, Mass., were on brief for appellant. See Chapman v. California, 386 U.S. 18, 87 S. Ct. 824, 17 L. Ed. Unlike Cepulonis and Eatherton, there is no foundation testimony in the record showing that Ferreira had actually carried a gun at the time of the robbery. The FBI is seeking information regarding a bank robbery that took place today, October 17, 2022, at the TD Bank branch at 401 South State Road 7, Hollywood, Florida. (Click image to view high-res.). 2023 CBS Broadcasting Inc. All Rights Reserved. Charlestown was a main distribution center for PCP and cocaine, with several career criminals, known as the Irish Mob, in charge of the drug trade. Seventeen years later, the New York State penal authorities decided he did not have to serve the two life sentences and 105 years, and on December 24, 1969, Sutton was released. See INS v. Delgado, 466 U.S. 210, 215-17, 104 S. Ct. 1758, 1762-63, 80 L. Ed. Feb. 27, 1992 Bank of Boston, Newton, Mass. agent with 13 years of experience, testified that on November 16, 1982 at about 10:25 AM he received a radio dispatch that the Boston Five Cents Savings Bank had just been robbed by at least two white men. A. Taking by intimidation has been defined as "the willful taking in such a way as would place an ordinary person in fear of bodily harm." All five defendants are from the Charlestown section of Boston, an area known for its "code of . Accordingly, the stop was illegal. In United States v. Vosper, 493 F.2d 433, 435-36 (5th Cir. The officers chased the car as it fled into the Charlestown public housing project in Medford Street. A locked padlock I got nothing to say about nothing, said a clerk in a coin-operated laundry who would give her name only as Patty. Sutton was a bank robber and earned the nicknames The Actor and Slick Willie for his ingenuity in executing robberies in various disguises. Dec. 22, 1992 Transit Systems Inc. armored car, Lynn, Mass. The key is whether the officers had a particularized suspicion of criminal activity. A fourth amendment "stop" is a temporary "seizure" which, because of the governmental interests in crime prevention, Terry v. Ohio, 392 U.S. 1, 88 S. Ct. 1868, 20 L. Ed. For instance, one of its bank robberies refers to a real-life robbery in Hudson, New Hampshire in which two-guards got killed. Second, the court gave a strong curative instruction which dispelled any possibility of prejudice from having conditionally admitted the testimony. See United States v. Streifel, 781 F.2d 953, 960 (1st Cir. 2d 247 (1983); see also Streifel, 781 F.2d at 957 n. 6. U.S. Throughout the 1980's and 1990's, Arthur Butchie Doe was regularly on the front pages of the newspapers because of the constant attempts on his life that he always survived. See Fed. Geronimo bank robbery in Geronimo, Oklahoma, 1984, resulted in the deaths of three bank employees and one customer. While driving through Medford Street, Cassano noticed at least two white males in a blue Datsun automobile speeding in the opposite direction. Knocking off convenience stores and sticking up old ladies in a dark alley are nothing compared to robbing a bank. According to prosecutors, a man told the teller to give me a hundred dollar bill or Ill shoot you.He left with $500. 2d 834 (1976). Because of Suttons affinity for expensive clothes, his photograph was given to tailors as well as to police departments. See United States v. Ouimette, 753 F.2d 188, 192-93 (1st Cir. The exclusion of the firearms evidence might have raised a reasonable doubt as to identification because of the weakness of the other admissible evidence. 1989- jojo burhoe atempted murder. "I got a . Fed.R.Evid. At separate points during the chase, Sequeira pointed a pistol at a pursuing officer and the men threw a large quantity of money, marked with red dye from an exploding dye pack, from the car. District of Massachusetts
Ravich, 421 F.2d at 1204 (emphasis added). I knew there was an agent, a trooper down at the bottom or standing outside the building, and I yelled to him to stop him. Have a question about Government Services? "It helped me out. Get browser notifications for breaking news, live events, and exclusive reporting. It is clear from the evidence, however, that none of the eyewitnesses could positively identify Ferreira as one of the robbers except to testify as to his profile and general physical appearance. To pull it off, a 25-member gang set up a fake landscaping business. The True Life Tragedy of "The Town". denied, 429 U.S. 820, 97 S. Ct. 66, 50 L. Ed. While he lacked specific information that the robbers hailed from Charlestown, both Cassano and the officer accompanying him nevertheless decided to investigate. Investigators believe Sequeira was also the suspect responsible for the first two robberies. Thanks to diligent investigative work he was apprehended before anyone got injured, Suffolk County District Attorney Kevin Hayden said. He was the infamous Boston bank robber with 9 lives. HSBC Branch with ATM. . Police say two bank robberies were reported within five minutes of each other on Hanover Street in Boston's North End on Friday morning, and they're asking for the public's help finding a suspect. ), cert. In any event, we have reviewed the trial transcript and have found no material difference between the description given by eyewitnesses to the robbery and that relied upon by Cassano as a basis for the stop. Any error, defect, irregularity or variance which does not affect substantial rights shall be disregarded. The CBS Boston team is a group of experienced journalists who bring you the content on CBSBoston.com. Nor do we find another permissible purpose on which the district court could have admitted the guns. See Campanile, 516 F.2d at 292. Although the government attempted, through the testimony of Mr. Bodziak, to make a connection between this footprint and the Nike sneakers seized from appellant, the court correctly excluded it for lack of relevancy. He even got in touch with FBI Violent Crimes Task Force in Boston who gave him insights on the fact that most bank robberies are committed by drug addicts. One of the suspects was concealing an object with an orange jacket or sweater. Share sensitive information only on official, secure websites. The jurors could have made the impermissible inference that "bad men carry guns, and thus, the bank robber is the bad man." Because there is no proof of actual possession at the time of the robbery, the evidence was not a sort of "criminal insurance" for the success of the venture. William . An official website of the United States government. A .gov website belongs to an official government organization in the United States. Immediately after he was sentenced, Anthony Shea jumped up from his seat . See United States v. Trullo, 809 F.2d 108, 111 (1st Cir. The jury deliberated for 32 hours over seven days. Sequeira appeared in Boston Municipal Court Thursday and was held on $50,000 bail for bank robbery charges. Ferreira submits, and we agree, that flight from an unidentified police officer, as here, is ambiguous conduct that could be interpreted as a natural reaction to circumstances and not as a reflection upon defendant's guilt. But on Wednesday, two leaders of a drug ring and their enforcer were convicted in Federal District Court on charges of racketeering, cocaine trafficking, murder and attempted murder, with the help of testimony from about a dozen witnesses. 105 S. Ct. at 683. 8 Candice Rose Martinez. While objective factors, such as general observations by the officer or an area's reputation for criminal activity can be considered in combination with specific facts about the crime, the objective factors standing alone are insufficient for a stop. The latest charges stem from three new incidents. History Planning. MICHELLE EMERY May 8, 1998. Over time, the silence allowed criminals to thrive. "4 At that instance the door opened again and I was distracted by the door opening again. A lock () or https:// means you've safely connected to the .gov website. When the five were charged last year, Charlestown was notorious for its code of silence. "I'm going to put a gun to your head if you don't give me $100 bills" the M&T Bank robber said, according to prosecutors. Compared to robbing a bank investigative work he was apprehended before anyone got injured, Suffolk District. Set up a fake landscaping business was held on $ 50,000 bail, the Court gave a strong curative which... 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