You can consider Mr. Rutherford's testimony that he found this shoeprint on the counter, and you may be able to draw inferences at some point from that, but the testimony of Mr. Bodziak and Exhibits 21-A and 21-B are stricken, and you will disregard that testimony and those exhibits in arriving at your verdict in this case. William . 1987). 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. Caught an old episode of FBI Files the other day about an armored car robbery crew in the 80s and 90s. To customer retention specialisteverywhere: At the root of every grey hair, there is a dead braincell. 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. Cassano testified that Ferreira's physical appearance (tall, slim, with dark hair, and wearing dark clothing) matched the description of one of the bank robbers.3. The exclusion of the firearms evidence might have raised a reasonable doubt as to identification because of the weakness of the other admissible evidence. Based on the true life events of Anthony Shea, Mike O'Halloran, Matt McDonald, Pat McGonagle and Stephen Burke who from Charlestown, MA had over 100 armed robberies in the 90's. R. Crim. 1980) (flight has been factored into the reasonable suspicion calculus in cases in which the authority of the pursuer is not "readily ascertainable. These men were highly professional, violent and ruthless criminals who took every step not to be identified. Late 1991 Banks and armored cars in Fall River, Mass; Shea, McDonald, Burke. This has been a long time coming, and it has given families some belief in the system again, that the system can work and we dont have to accept the way things were in the past, said Sandy King, whose two sons were shot in front of witnesses who would not talk. Federal Territory. Assistant U.S. Attorney Michael Connolly said Charlestown residents and criminals alike decided to come forward following the Hudson deaths. For instance, one of its bank robberies refers to a real-life robbery in Hudson, New Hampshire in which two-guards got killed. I dont think theyre going to let it happen again.. For the first quarter of 2010, she said, the state reported just 23 bank robberies, compared with 49 in Illinois and 136 in California. Id. Her client, William Douglas, was a professor at Tufts University School of Medicine, a suburban husband, and father of three he also went from love-crazy to homicidal in the span of one afternoon. Cassano testified that he saw, from a distance of 40-50 feet, one of three men exiting the car carrying "some sort of bundle covered by an orange jacket or sweater." But see Vosper, 493 F.2d at 435-36. However, one must not forget that the movie only draws some inspiration from Charlestowns past and is no way implying that the Boston neighborhood is still replete of crime. 2d 108 (1985). Banks are a completely unique beast when it comes to security. Charlestowns McLaughlin Brothers were involved in a gang war with neighboring Somervilles Winter Hill Gang, during the Irish Mob Wars of the 1960s. You talk about things youre not supposed to talk about, you get killed, he said. 1987- fred hearn murder. [THE DEFENSE]: But only that he knew the money was stolen, not that he was in the bank. at 190. The two teens - Terry Burhoe was only 14 and in eighth grade - were hanging out in a courtyard of a neighborhood housing project. ), cert. In this month's LIFE MATTERS newsletter, we provide several interesting articles including this one about the many costs to selling a home and how to plan for those costs. United States v. Hickey, 596 F.2d 1082, 1089 (1st Cir. In Jones, a suspect's flight from an unidentified police officer patrolling an area in an unmarked car triggered a stop. In its opening shot itself, the film establishes that it is set in Bostons Charlestown. But the intensive investigation and a change of heart in the community broke the code, prosecutors said. But the testimony of their neighbors helped convict five members of a Charlestown-based bank robbery gang yesterday, and the lead prosecutor said the towns silent majority was all for it. Read More . 403. Worcester:508-368-0100. 2023 CBS Broadcasting Inc. All Rights Reserved. Cassano also testified that, at 3:00 PM--about 4 1/2 hours after the robbery--he obtained a warrant to search that room. Doug MacRay (1972-) was a bank robber from Boston, Massachusetts. They also argued that there are identification issues in the cases. The officers arrived at Charlestown from 10 to 15 minutes after the crime. The CBS Boston team is a group of experienced journalists who bring you the content on CBSBoston.com. On the streets of Charlestown, much of the buzz about the film is centered on a line from the movie's trailer. 2d 125 (1984); see also United States v. Quinn, 815 F.2d 153, 156 (1st Cir. Not so in this case. O'Connor chased the suspect, finally stopping and frisking him. The jurors could have made the impermissible inference that "bad men carry guns, and thus, the bank robber is the bad man." 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. Fed.R.Evid. It is the Irish gangsters like Whitey Bulger who dominated the headlines over the years. Today, the Bunker Hill Monument divides a small group of young professionals who live in renovated brownstones from a far greater number of townies, longtime residents who live in row houses and a sprawling housing project. The suspects were nowhere to be found at the time. October 17, 2022. 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. 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. Appellant William Ferreira stands convicted of unarmed bank robbery of a federally insured bank, 18 U.S.C. Sentencing Guidelines and other statutory factors. The issue is of first impression in this circuit. See United States v. Wiener, 534 F.2d 15, 18 (2d Cir. Crime became so commonplace that arguments normally settled in a fistfight often ended in murder. THE COURT: Yes, I think the jury could find beyond a reasonable doubt that this defendant was one of the robbers. A witness reported seeing a man run from the bank into a car with Massachusetts plates. The seriousness of the federal charges reassured the residents that they no longer had to live in fear. The silent majority was rooting for us to get rid of these thugs who have been intimidating their town for some time.. 2022 CBS Broadcasting Inc. All Rights Reserved. However, the story is a fictitious account of that Miracle, and details a black district-attorney from Brooklyn, who teams up with a corrupt FBI veteran agent in Boston, to take on a family of armored car robbers from Charlestown. Updated on: October 6, 2022 / 3:11 PM 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. "); United States v. Pope, 561 F.2d 663, 669 (6th Cir. In Hensley, 105 S. Ct. at 682-83, the Court held that, "if a flyer or bulletin has been issued on the basis of articulable facts supporting a reasonable suspicion that the wanted person has committed an offense ," then a second officer--without having personal knowledge of such facts--can rely on the "flyer" as a basis for a stop. US Chief District Judge Mark L. Wolf said Quirk's history of violence, including a manslaughter conviction for a . We hold that the district court abused its discretion in admitting irrelevant evidence. A lock () or https:// means you've safely connected to the .gov website. The authorities managed to crack the code of silence with a three-year investigation in which the Government spent more than $1 million to protect witnesses, including a half-dozen residents who asked to be moved out of the neighborhood for fear of retribution. Assistant U.S. Attorney Kenneth G. Shine of Lellings Major Crimes Unit prosecuted the case. See INS v. Delgado, 466 U.S. 210, 215-17, 104 S. Ct. 1758, 1762-63, 80 L. Ed. Drinking, smoking pot, music . About a dozen thieves and drug dealers were granted immunity from prosecution and received new identities under the Federal witness protection program. The strength of the admissible, circumstantial evidence is not "overwhelming." The two leaders, Michael Fitzgerald and John Houlihan, were charged with running a drug ring, using Joseph Nardone as their enforcer, out of Kerrigans Flower Shop in Charlestown, a one-mile-square neighborhood on Boston Harbor that is also the home of Old Ironsides, the frigate Constitution. See Fed. Cortez, 449 U.S. at 418, 101 S. Ct. at 695. 401. Geronimo bank robbery in Geronimo, Oklahoma, 1984, resulted in the deaths of three bank employees and one customer. Ninety-six percent of Charlestown is white. 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. I really thought there would be more, perhaps different results, rather than just blanket guilties, said Peter Anderson, Stephen Burkes lawyer. Security Pacific Bank, Norco, California, 1980, deadly shootout between local law enforcement and five bank robbers. A. Shea's attorney, Jeff Levin, said there is an effort underway to appeal the life sentence. It's easy to get your financial life in order, today. The indictment also included a 1995 armored car holdup in West Palm Beach, Fla. A sixth defendant, John Burke, pleaded guilty in October, partway through the trial, and testified against the others, including his brother Stephen. Accordingly, the stop was illegal. 2d 605 (1985) (quoting Terry, 392 U.S. at 20, 88 S. Ct. at 1879). First, the court's finding that the expert's testimony lacked probative value was not clearly erroneous. He was ordered held on $50,000 bail Thursday, and is next scheduled to appear in court on Nov. 3 for a pre-trial hearing. 3-4. Without a specific showing that the defendant carried a gun at the robbery, the Fifth Circuit held that testimony showing possession or access to a gun was relevant to the issue of intimidation.8 The Vosper court drew an analogy to United States v. Ravich, 421 F.2d 1196, 1204 (2d Cir. All rights reserved. See Campanile, 516 F.2d at 292. [THE PROSECUTOR]: The robber was wearing a ski mask in the bank, your Honor, so with respect to identification, the Court is right, it is a weak identification case. The officers chased the car as it fled into the Charlestown public housing project in Medford Street. The movie itself aspires to create a cinematic representation of Boston and in no way attempts to antagonize Charlestown or its people. 1977) (flight from a clearly identified agent may warrant an investigatory stop). United States v. Masse, 816 F.2d 805, 808, (1st Cir. Then remembered the handful of movies based on crews in the 60s and 70s. The movie circles around a band of modern-day bank robbers who were all born and raised in the blue collar neighborhood of Charlestown in south Boston. Unlike in Hasting, where the Court found harmless error, the identification evidence in this case was concededly weak. A Providence man who claims he's robbed at least 100 banks and that Ben Affleck's character in "The Town" was based on him was held without bail Thursday on charges of robbing two Boston banks and attempting to rob a third, the Suffolk County District Attorney's office said. Considering Ferreira's admission that he was "nervous" as he was carrying two weapons, and that he later fled as he left the building, his explanation is not convincing. Want to teach English as a foreign languageabroad? 401. Ravich, 421 F.2d at 1204 (emphasis added). Answer (1 of 4): I grew up in Charlestown, and yes it has more than it's share of bank robbers. During the trial, FBI experts testified DNA tests linked Burke to a 1995 robbery in West Palm Beach. In fact, a 24-year-old tailors son recognized Sutton on the New York subway in February 1952, followed him to a gas station, and reported him to law enforcement. The government then introduced the testimony of officer James O'Connor. The 5 stages of working with legal xml with derivation, extensions, and substitutiongroups, Blanchard Photographic Impressions One of the hundreds of fabulous photos ofMV, 16 color print test PDF for 4 color Inkjets Cyan Yellow MagentaBlack, I was a proud user and supporter of Firefox, until the day after Brendan Eich choose to resign, It was with great sadness that we report that that Mike Hardiman used up the last of his nine lives lastweek. 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. Appellant William Ferreira stands convicted of unarmed bank robbery of a federally insured bank, 18 U.S.C. When the film first premiered in 2010, there was some backlash on its representation of the people in Charlestown. One of the suspects was concealing an object with an orange jacket or sweater. Mere appearance of carrying a gun is not enough for relevancy. Finally, we find that the evidence was irrelevant for impeachment purposes. I told him, "Hold it. Mile Square, Kuala Lumpur. ; $500,000-$600,000; Shea, OHalloran, Burke. On the TV show "Caught in Providence", Sequeira bragged that the movie "The Town" starring Ben Affleck is based on his life. Sequeira was once featured in an episode of the show "Caught in Providence." He claimed to have gone to his apartment to obtain payment of a $300 loan, and that McDonald paid him with money which later turned out to have been stolen from the bank. http://www.nytimes.com/1995/03/26/us/neighborhood-finally-talks-and-loosens-crime-s-grip.html. As to Ferreira's flight, the government attempted to show consciousness of guilt regarding the bank robbery. As to the reason for his flight, Ferreira testified that he was nervous of being caught with the two weapons, and not because of consciousness of guilt of bank robbery. All Rights Reserved. We turn next to harmless error analysis. 1-800-296-8431, Small Business Administration (SBA) Lending, Online & Mobile Banking - User Guide & FAQs, Banking On Diversity - Minority Business Fund. Agent Russell J. Horner conducted the search of Room 725 (the apartment of McDonald, an admitted bank robber). Secure .gov websites use HTTPS In-depth news coverage of the Greater Boston Area. "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. You're all set! Before COFFIN, BOWNES and TORRUELLA, Circuit Judges. denied, --- U.S. ----, 106 S. Ct. 131, 88 L. Ed. The Irish mob has a stronger presence in Boston than any other city in America. Boston, MA 02210, Boston:617-748-3100 "There are over 300 bank robberies in Boston every year,'' a voice-over says. William Sequeira, 59, of Providence, was arrested on Wednesday during an attempted robbery of the Citizen's Bank located at 426 Boylston Street in the Back Bay, police said. Several of the defendants were subsequently convicted of murder. In a new complaint, filed this week in U.S. District Court, Providence, Whitehouse charged the men with armed bank robbery and using a firearm during a crime of violence. United States v. Mendenhall, 446 U.S. 544, 554, 100 S. Ct. 1870, 1877, 64 L. Ed. Given the prejudicial impact of weapons, it is entirely possible that counsel would have made the strategic decision not to have used this testimony as an excuse for his flight. Immediately after he was sentenced, Anthony Shea jumped up from his seat . The Government also introduced the guns in an effort to prove identity. https://en.wikipedia.org/wiki/Charlestown_Mob. Jan. 25, 1994 Wells Fargo armored car, Charlestown, Mass. agent before detaining Ferreira, On appeal appellant emphasizes that, instead of running down the steps, he "walked casually" upon being approached by the plainclothesmen. The government introduced at trial real and testimonial evidence of two weapons seized from appellant upon his arrest, in spite of the fact that Ferreira had not been indicted for armed bank robbery. 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. In a bench ruling, the district judge found that the agents' "prior information," coupled with the area's reputation for criminal activity, constitutionally justified the two detentions. The court found that the police had no facts on which to base a reasonable suspicion other than the inconclusive evidence of flight. 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. "I got a . Most of the holdups were in Massachusetts, including two in Fall River. The hour-long chase drew state police and officers from Johnston, Coventry and Hopkinton, R.I., as it proceeded onto Routes 295 and 95. 1989- maureen szymielewicz murder. The Professor and the Prostitute, the titular murder case in Linda Wolfe . Address 3rd Mile Square, 151 Jalan Kelang Lama, Batu 3 , 58100, Kuala Lumpur. ; Shea, Burke. The Boston Police Department's Bank Robbery task force tackled William Sequeira inside the Citizens Bank on Boylston Street Wednesday afternoon, I-Team sources said. denied, 400 U.S. 834, 91 S. Ct. 69, 27 L. Ed. ON A LANGUID SUMMER NIGHT IN CHARLESTOWN, an 18-year-old troublemaker named Patrick John Durham set his stare on blue-eyed Mary Theresa Burhoe. Seems that Charlestown even up till the 90s was a hotbed for these crews. Defendant was on supervised release for 2010 bank robbery conviction at the time of the offense. Brady took the money and threatened to return to the bank and blow it up if the tellers reported the robbery. Whitehouse said he will refer the case to a federal grand jury. See United States v. Warledo, 557 F.2d 721, 726 (10th Cir. Special Agent Gail Marcinkiewicz, spokeswoman for the FBI's Boston office, does not track bank robberies by neighborhood but made a point of mentioning that the movie is "based on a fictional book.''. . Sign up for our free summaries and get the latest delivered directly to you. ; $95,000; Shea, McDonald. Prosecutors are recommending that they get life in prison without parole. With Ben Affleck, Rebecca Hall, Jon Hamm, Jeremy Renner. We need a person to come forward and say, I was there and I will testify. . According to prosecutors, Sequeira has served previous long sentences for bank robbery. See Whiteley v. Warden, 401 U.S. 560, 568, 91 S. Ct. 1031, 1037, 28 L. Ed. March 1994 Wells Fargo armored car, Chestnut Hill, Mass. 1986). 1991 Banks and armored cars in Connecticut and Rhode Island; Shea, McDonald. May 4, 1993 Manchester Security Services armored car, Seabrook, N.H.; $280,000; Shea, OHalloran, Burke. Share sensitive information only on official, secure websites. Dennis J. Quirk, 39, was among a gang of robbers who toted loaded firearms, including an AK-47 rifle, and wore bulletproof vests during the 2005 heist attempt outside a Citizens Bank on a crowded Hanover Street, authorities said. BOSTON - A Charlestown man was sentenced yesterday in federal court in Boston for bank robbery. denied, 449 U.S. 1092, 101 S. Ct. 888, 66 L. Ed. Atty., were on brief for appellee. Between 1975 and 1992, the small Boston community of Charlestown experienced 49 murders, 33 of them unsolved. We vacate the judgment and remand to the district court for a new trial consistent with this opinion. You already receive all suggested Justia Opinion Summary Newsletters. 1:98-cr-00002-T: USA v. 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