Eight Arraigned in January Garage Riot
Eight men were arraigned today in Boston Municipal Court for their roles in a vicious brawl, which took place at the Charles Street South and Park Plaza garage on January 27. Dennis Choi (D.O.B. 3/21/86) of Quincy, charged with one count each of assault and battery, disorderly conduct, and affray; Taylor Dang (D.O.B. 8/14/86) of Quincy, charged with two counts of each of assault and battery, disorderly conduct, and affray; Dung Hoang (D.O.B. 6/2/82) of Dorchester, charged with three counts each of assault and battery, disorderly conduct, and affray; Duy Huynh (D.O.B. 5/13/90) of Malden, charged with three counts each of assault and battery, disorderly conduct, and affray. Thanh Quang Ngyuen (D.O.B. 1/12/89) of Everett, charged with one count each of assault and battery, disorderly conduct, and affray; Tam Thanh Phan (D.O.B. 7/16/84) of South Dennis, charged with three counts each of assault and battery, disorderly conduct, and affray; and Sang Van Suynh (D.O.B. 2/11/85) of Dorchester were both charged with one count each of assault and battery, disorderly conduct, and affray. Christopher Tran (D.O.B. 1/26/1986) of Quincy, charged with one count each of assault and battery, disorderly conduct, and affray. Prosecutors requested bail amounts ranging from $ 500 to $ 750. According to the prosecution, the defendants and four others were among a large group who attacked three men and three women inside a parking garage following a verbal confrontation. The victims were leaving the parking lot after celebrating a friend’s birthday. A 24-year-old Brookline man suffered a concussion, a separated shoulder, chipped teeth, a hand injury and numerous cuts and bruises. A 22-year-old man from East Greenwich, RI and a 23-year-old from Warwick, RI each suffered head and facial injuries. A 24-year-old Boston woman also suffered a hand injury. The assailants fled prior to the police arrival, but a video of the brawl helped identify the suspects. Trong Van Huynh (D.O.B. 6/25/87) was arrainged on March 6 and was charged with assault and battery resulting in serious injuries, affray and disorderly conduct. Alex Li Lin (D.O.B. 3/13/85), Hung T. Duong (6/02/82) and Robert Tran (D.O.B. 8/12/85) were each charged with assault and battery and related offenses. All will return to court on July 19. South End Patch
Got Allergies? Find Out the Pollen Count in Boston Today
Springtime has arrived and pollen is in the air. Thanks to the effects of climate change, experts say the pollen count this season will be higher than ever before. Now you can check the daily allergy forecast as easily as the weather forecast. The Allergy Alert tool from Pollen.com above shows which pollen allergens are high in Boston today. Please note that an advertisement cycles into the tool. South End Patch
275 Washington Street Corp. v. Hudson River International, LLC, et al. (Lawyers Weekly No. 10-071-13)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us SJC‑11217 275 WASHINGTON STREET CORP., trustee,[1] vs. HUDSON RIVER INTERNATIONAL, LLC,[2] & another.[3] Suffolk. January 7, 2013. ‑ April 30, 2013. Present: Ireland, C.J., Spina, Cordy, Botsford, Gants, Duffly, & Lenk, JJ. Contract, Lease of real estate, Termination, Damages, Indemnity. Landlord and Tenant, Lease as contract, Rent, Termination of lease. Real Property, Lease. Damages, Breach of contract. Indemnity. Guaranty. Civil action commenced in the Superior Court Department on May 29, 2008. The case was heard by Charles T. Spurlock, J., on motions for summary judgment, and entry of final judgment was ordered by Carol S. Ball, J. After review by the Appeals Court, the Supreme Judicial Court granted leave to obtain further appellate review. David G. Hanrahan (John G. Hofmann with him) for the plaintiff. Bruce E. Falby (Matthew Iverson with him) for the defendants. Adam N. Lewis & Neil R. Janulewicz, Jr., for Arts & Business Council of Greater Boston, Inc., amicus curiae, submitted a brief. Lawrence P. Heffernan, John T. Ronayne, Danielle Andrews Long, & Kendra L. Berardi, for Real Estate Bar Association for Massachusetts & another, amici curiae, submitted a brief. GANTS, J. The primary questions on appeal are threefold. First, after a breach of a commercial lease by the tenant and termination of the lease by the landlord, does an indemnification clause in the lease, in the absence of specific language so providing, allow the landlord to recover before the end of the lease term the present value of lost future rent once the landlord relets the property to another tenant for the duration of the lease? Second, in the absence of a clause in the lease specifically so providing, does our common law allow a landlord to recover contract damages for the present value of lost future rent after the termination of the lease? Third, does the liability of the guarantor here exceed the liability of the tenant? We answer, “No,” to each question. We hold that a landlord cannot recover for posttermination damages under an indemnification clause in a lease until the end of the period specified in the lease, when the amount of indemnification is certain, unless the indemnification clause specifically provides that damages may be recovered earlier. We also hold that a landlord has no common-law […]
Categories: News Tags: 1007113, Corp., Hudson, International, Lawyers, River, Street, Washington, Weekly
FBI Visits Home of Bomber’s Widow
FBI agents paid a visit to the family home of Katherine Russell, widow of Boston Marathon bombing suspect Tamerlan Tsarnaev, as they continued their investigations into the bombings. Agents left the Russell family home on Coriander Lane in North Kingstown Monday and carried away several bags, according to the Huffington Post. FBI spokesman Jason Pack confirmed agents went to the home, where Russell has been staying with her daughter since her husband was shot during a firefight in Watertown on April 19. Russell, 24, has not spoken directly to the media since her husband and brother-in-law, Dzhokhar Tsarnaev, were identified as the top suspect’s in the bombing that killed three and injured more than 170 others. Her attorneys have stated that she is doing everything she can to cooperate with federal officials in their investigation Russell’s attorneys have also stated that both she and her family were “shocked” by the alleged actions of her husband and that she had no knowledge of his plans. South End Patch
Dic Donohue Continues Recovery After Firefight with Bombing Suspects
The MBTA officer seriously hurt in a gunfight with the Boston Marathon bombing suspects continues to recover from life-threatening injuries. Richard “Dic” Donohue, 33, was hit in the leg April 19 in Watertown, Mass., authorities said. Donohue is a police officer with the Massachusetts Bay Tranportation Authority. His wife, Kim, is from Exeter and graduated from Exeter High School in 2000. “Right now Dic is making amazing strides,” Kim wrote in a post on a Facebook page that Donohue’s family is using to give updates on his recovery. Authorities said Donohue lost a massive amount of blood. At one point, he went into cardiac arrest, according to Dr. Russell Nauta, a doctor at Mount Auburn Hospital in Cambridge, Mass. where Donohue is being treated. A pair of Watertown firefighters were instrumental in getting Donohue to a hospital after he was shot. The MBTA Transit Police Benevolent Fund Inc. created a website to collect donations for Donohue’s recovery. Donohue is a 1998 Winchester High School graduate. He graduated from the Virginia Military Institute in 2002. Prior to joining the MBTA police force, he served as an officer for the U.S. Navy. He has a young son. The bombing suspects, Tamerlan and Dzhokhar Tsarnaev, allegedly killed three people and injured more than 200 by detonating bombs near the finish line of the marathon. Tamerlan died during the confrontation with police, while Dzhokhar was captured in Watertown and will be tried in federal court. The brothers are also accused of killing MIT Officer Sean Collier prior to the Watertown shoot-out with Donohue and other officers. South End Patch
MSPCA-Angell: Watch Out for Dogs in Hot Weather
The following is a message from MSPCA-Angell, headquartered in Jamaica Plain: In anticipation of…warming temperatures, veterinarians at Angell Animal Medical Center are cautioning dog owners to take greater care in acclimating their pets to the heat, as the first few days of Spring bring the greatest risk of overheating. According to Dr. Kiko Bracker, a veterinarian in Angell’s Emergency & Critical Care Unit, dogs at the greatest risk of suffering heat-related illness during the Spring are older, brachycephalic (short-nosed) breeds or those with existing illnesses affecting their respiratory tract or heart. Studies in humans repeatedly show that people need two to three weeks to acclimatize to warmer temperatures—and the veterinary community believes the same holds true for dogs. “It takes on average about two to three weeks for dogs to become tolerant of warmer temperatures,” said Dr. Bracker. “Now that the sun is shining and temperatures are warming it’s natural to want to head out for long walks or runs with our pets—but we must all take great care to avoid overheating our dogs, which can lead to heat stroke and, in some instances, death.” Dog owners unwittingly put their dogs at risk at this time of year by encouraging them to run, chase toys or just be with them in the sun. Dogs are always eager for this kind of activity, given their highly social nature, and they all too often will overexert themselves. Dr. Bracker offers the following tips to help dog owners acclimatize their pets to warmer temperatures while still enjoying time outside: Make sure your dog has a check-up! A Springtime check-up will reveal any heart or respiratory issues that should be addressed before pets become more active in the summer months. Ensure dogs always have ready access to shade, water and rest—parks with leafy trees and soft ground along with streams or ponds (in which dogs can cool off) offer wonderful recreational opportunities with plenty of space to rest and cool off Try to exercise dogs in the early morning or late evening when temperatures are lower Be especially cautious with dogs who have short noses, such as Pugs and Bulldogs, as these dogs are especially vulnerable to overheating Never leave pets inside a car—which can heat up to 110 degrees in 10 minutes on an 80-degree day even with the windows slightly open. For more tips on keeping pets safe during hot weather readers can click here. South End Patch
Categories: Arrests Tags: Dogs, MSPCAAngell, Watch, Weather
Months After Heart Transplant, Woman Seeks To Give Back
Jane Tecce has the unique perspective of having experienced both sides of being an organ donor. Years ago after her son’s death at the age of 24, his organs were donated so that others could have a new chance at life. Now, Tecce herself is still recovering from a heart transplant that she received some 16 months ago. She also received a kidney transplant at that time. “My kids are starting to have kids now. I’m being a grammy. I can’t imagine not being here,” she said in a recent conversation with Patch.com. Tecce said that she was first diagnosed with heart disease about 12 years ago. Tecce moved to Lynnfield two years ago and grew up in Wakefield, graduating from Wakefield Memorial High School. Her family owns Santoro’s in Peabody, she reported. Her motivation to help spread the word about becoming an organ donor is not limited to just her own experiences. Tecce lost one brother, David, to heart disease when he was 51 and waiting for a heart transplant. A younger brother Jimmy, reportedly had a heart transplant in 2000 at Tufts and lived for eight years after that. “I’ve been on both ends of it. That’s what I feel is important,” she said. According to Tecce, organ donors and recipients actually interact somewhat routinely through email and letters if they wish to do so – although this typically won’t happen until a year or so after a transplant. In her own case, she met her donor’s family, who were from Rhode Island, on the one-year anniversary of the transplant, something she described as “very emotional.” Those who receive an organ transplant will face an elevated risk of infection in the months after the procedure, and Tecce recalled having some setbacks in the early going. “In the last six months, I’ve done really, really well,” she said, adding that she also hopes to return to work while also potentially doing some speaking and information tables for the New England Organ Bank. “I want to remember the people that gave me this chance,” said Tecce. To learn more about becoming an organ donor, visit the New England Organ Bank’s DonateLifeNewEngland.org website here. South End Patch
U.S. Senate Primary: Where Do You Vote?
Today’s U.S. Senate Special State Primary Election will result with a Democratic and Republican nominee who will vie for the seat vacated by now Secretary of State John Kerry. Voters registered as Democrat, Republican or unenrolled can vote for their party’s candidate today. Polls are open between 7 a.m. and 8 p.m. The candidates: Democrats Stephen Lynch Edward Markey Brett Rhyne (write-in candidate) Republicans Gabriel Gomez Michael Sullivan Daniel Winslow Voters in Boston can use this search tool to find their polling location or contact the Boston Election Department at 617-635-3767. This is a list of polling locations in Boston. Some precincts’ ballots will carry a vote to fill a vacancy in the First Suffolk Senate District. South End Patch
Police: Man Charged with Drug Possession, Attempting to Break into Car on Harrison Ave
Boston Police observed a man looking into the windows of a blue Volvo while trying to open the front driver’s side door on Harrison Avenue at about 1:55 a.m. on April 27. The officer asked the suspect what was going on. The suspect reportedly turned around and looked frightened. The suspect reportedly started speaking rapidly. The officer thought that the suspect might try to make a run for it. The suspect stated that the vehicle belonged to his girlfriend. The suspect stated that he had just gotten off work and was looking to meet his girlfriend there. The suspect then told officers that he was off of his medications and that his girlfriend was on her way with the medication. According to the police, the suspect’s story continued to change. During his conversation with the officer, the suspect continued to place his hands in his pockets after the officer asked that he keep his hands in plain sight. The officer decided to search the suspect and preformed a pat and frisk. The officer found a pill bottle in the suspect’s pocket. The suspect told the officer that this was his medication. The officer investigated the pill bottle and found 15 Suboxone and Promethazine. Officers arrested Mathew Walsh of 425 Beale Street, Milton, and charged him with attempting to break into a vehicle and possession of a Class B substance. South End Patch
Categories: Arrests Tags: Attempting, Break, Charged, Drug, Harrison, Into, Police, Possession
McCabe v. Commissioner of Correction (Lawyers Weekly No. 10-070-13)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us SJC‑11365 JOHN McCABE vs. COMMISSIONER OF CORRECTION. April 29, 2013. Supreme Judicial Court, Superintendence of inferior courts, Appeal from order of single justice. Practice, Civil, Transfer of action to Superior Court. In 1986, John McCabe was committed to the Massachusetts Treatment Center (treatment center) as a sexually dangerous person. Several years later, a Superior Court judge ordered that he be remanded to the custody of the Commissioner of Correction, subject to the terms of McCabe’s unexpired criminal sentences. More than twenty years later, McCabe filed an application in the county court seeking a declaration, pursuant to G. L. c. 231A, § 5, that he must be returned to the treatment center. The single justice ordered the matter transferred to the Superior Court, pursuant to G. L. c. 211, § 4A, and ordered that it be consolidated with another case that McCabe had commenced there that raised essentially the same issue. McCabe appeals from the order transferring his case to the Superior Court. We affirm. The decision to transfer a matter pursuant to G. L. c. 211, § 4A, between this court and another is a matter commended to the single justice’s discretion. See Stow v. Commonwealth, 423 Mass. 1002, 1002 (1996); Callahan v. Board of Bar Overseers, 417 Mass. 516, 519-520 (1994). McCabe fails to demonstrate any error or abuse of that discretion, and there is no occasion to disturb the single justice’s order transferring the case. McCabe’s rights are fully protected by his ability to litigate his claim in the Superior Court. We express no opinion on the merits of the claim. Judgment affirmed. The case was submitted on briefs. John McCabe, pro se. Michael H. Cohen for Commissioner of Correction. Full-text Opinions
Categories: News Tags: 1007013, Commissioner, Correction, Lawyers, McCabe, Weekly