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. Convicted with McGonagle, 58, were Michael OHalloran, 40, Anthony Shea, 34, Stephen Burke, 41, and Matthew McDonald, 35. They then fled outside. DEA agents and local officers worked together to establish a comprehensive case against the criminals. An official website of the United States government. Appellant William Ferreira stands convicted of unarmed bank robbery of a federally insured bank, 18 U.S.C. 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. P. 52(a) (harmless error).7 The district judge specifically instructed the jury that: the evidence concerning this shoeprint does not rise to the level of certainty that you need to have in criminal cases in that the expert is not able to testify that the print was more probably made by this shoe than any other. [3], https://en.wikipedia.org/wiki/Charlestown,_Boston, Throughout the 1960s until the mid-1990s, Charlestown was infamous for its Irish Mob presence. john houlihan and fitzgerald ran charlestown until 1992. in 1992 patrick 'mr mcgoo' mcgonagle took over after houlihan and fitzgerald went to federal prison. Shea's attorney, Jeff Levin, said there is an effort underway to appeal the life sentence. Ten Most Wanted Fugitive William Francis Sutton was arrested for the final time on February 18, 195266 years ago this month. Charlestown became known by law-enforcement officials nationwide for its small-time hoodlums, thieves, drug dealers and murderers. We hold that Ferreira's fourth amendment rights were not violated. The testimony of witnesses at the suppression hearing establishes the following. We cannot conclude that the error was harmless beyond a reasonable doubt. The new sentence is unlikely to matter as he is still sentenced to life in prison along with his other gang members. ; Shea, McDonald. denied, 444 U.S. 853, 100 S. Ct. 107, 62 L. Ed. So ultimately, although there seems to be some truth to the film's depiction of . BCT partners with three local banks to aid start-up and existing minority-owned small businesses. 1977) (en banc), cert. When the film first premiered in 2010, there was some backlash on its representation of the people in Charlestown. Appellant claims that Cassano initiated a second stop after Ferreira fled the scene. Powered by WordPress.com VIP. The case of the Charlestown robbers in the show "grows to encompass and eventually upend Boston's citywide . 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. This was the case for 20-year-old student and call-girl Robin Benedict. United States v. Cepulonis, 530 F.2d 238, 246 (1st Cir.) 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. Ferreira admitted that he knew McDonald. None was indicted for murder because witnesses could not clearly identify the masked robbers in the holdups, which began in 1990 and lasted into 1995. cert. Address 3rd Mile Square, 151 Jalan Kelang Lama, Batu 3 , 58100, Kuala Lumpur. BOSTON - A Charlestown man was sentenced yesterday in federal court in Boston for bank robbery. Prosecutors said they will ask for life sentences without parole, prescribed in federal sentencing guidelines, on two of the Hudson robbery counts. Brady took the money and threatened to return to the bank and blow it up if the tellers reported the robbery. 1987- kevin martell murder. Sutton was ill but went on to a second career as an actor and book author. See Whiteley v. Warden, 401 U.S. 560, 568, 91 S. Ct. 1031, 1037, 28 L. Ed. Read More . The situation left many police officers frustrated. https://en.wikipedia.org/wiki/Charlestown_Mob. The government introduced his testimony to prove identification. Information was developed that would lead to prosecution on charges of murder to further the drug trade. Scott D.Pitz, A smart thing to do with your email andpasswords, The most important movies of 2015 were not in anytheater, Ike on The Military IndustrialClusterF*&k, Good Chance These Folks are No Longer WithUs, NHP provides regular preventive care: theBMI, Healthcare Bills an attempt tounderstand, A Silver Surfers asks for help with hiscomputer, How The Internet Got Started, According To TheBible. The fact that five minutes later agent Cassano saw Ferreira, who fit the description of one of the robbers, emerge from an apartment in the building provided the necessary "articulable" basis for reasonable suspicion justifying the Terry-Hensley stop. Want to teach English as a foreign languageabroad? 2d 604 (1985), is valid even in the absence of probable cause. I agree with you, it's not a necessary inference, but it's a permissible one from all of these circumstances. The city is located in west-central Peninsular (West) Malaysia, midway along the west coast tin and rubber belt and about 25 miles (40 km) east of its ocean port, Port Kelang, on the Strait of Malacca. Financial Calculators. Numerous career bank robbers threw in the towel and testified in this trial, Connolly said at a news conference following the verdict. Five years ago, she helped found the Charlestown After Murder Program, an organization of women who meet every Sunday in a Catholic church to talk about unsolved homicides that have affected their lives. 2d 247 (1983); see also Streifel, 781 F.2d at 957 n. 6. Douglas MacRay was born in the Charlestown neighborhood of Boston, Massachusetts, the son of Stephen and Doris MacRay. CRANSTON, R.I. -- U.S. Attorney Sheldon Whitehouse brought federal charges this week against three Massachusetts men arrested after a Dec. 11 bank robbery and ensuing 35-mile police chase. Sutton was arrested a number of times during his career as a robber and escaped from prison a total of six times. Townies refer to serving a federal prison sentence as going to college and the area experiences a rate of drug-related hospitalizations and deaths 50% higher than the rest of Boston. Ferreira did not open the door at trial to real or testimonial evidence of the firearms. Fed.R.Evid. This piqued Cassano's curiosity. CONCORD, N.H. (AP) _ Three men who were convicted in a deadly string of bank and armored car robberies after prosecutors finally broke the ``code of silence in Boston's rough Charlestown neighborhood were sentenced Friday to life in prison. Over time, the silence allowed criminals to thrive. In addition, special agents of the Department of Housing and Urban Development were able to take action against tenants living illegally in Charlestown housing. They also argued that there are identification issues in the cases. Investigators believe Sequeira was also the suspect responsible for the first two robberies. United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Office; and Boston Police Commissioner William Gross made the announcement. 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.''. To pull it off, a 25-member gang set up a fake landscaping business. 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. Have a question about Government Services? Police were frustrated by the unspoken Code of Silence that the citizens of Charlestown adopted. 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. William Sequeira, 59, was charged in Boston Municipal Court Central with two counts of armed robbery of a bank and one count of attempted armed robbery of a bank. 2d 306 (1971). The Sixth Circuit went beyond relevancy and concluded, apparently under Fed.R.Evid. Calculators. He was fond of expensive clothes and was often described as being an immaculate dresser. 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. The scene outside Southwest Bank, at Kingshighway and Southwest Avenue, about 10:30 a.m. on Friday, April 24, 1953. So many broke the code, shattered the code. In 2010, Irish Mob boss Fergus Colm planned to rob Fenway Park, Boston's legendary baseball stadium, as the "big heist" for his associated heist crew. When asked why he robbed banks, Sutton simply replied, Because thats where the money is.. . Brady faces a sentence of no greater than 20 years in prison, three years of supervised release, a fine of $250,000, and restitution in the amount of $912. A lawyer said Sequeira is currently unemployed due to COVID. Whitehouse's office said in a statement that the new charges came after an investigation by Cranston Police and the FBI, with the assistance of state police and the Johnston, Coventry and Hopkinton departments. Affleck's crew of bank robbers needed genuine local flavor. First published on October 5, 2022 / 11:09 PM. 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. Caught an old episode of FBI Files the other day about an armored car robbery crew in the 80s and 90s. The three are to be sentenced on May 18. According to prosecutors, Sequeira has served previous long sentences for bank robbery. Accordingly, I'm going to strike all that testimony and instruct you to disregard it; that is, the testimony of Mr. Bodziak. He was the infamous Boston bank robber with 9 lives. She also said that the robber stole some "coin rolls." 1986). As Ferreira ran past another agent, state police officer James O'Connor--who was standing in the parking lot of 50 Medford Street at that time--heard and recognized Cassano's command to stop Ferreira. Now, William shares his. It is the country's largest urban area and its cultural, commercial, and transportation centre. (But now) the people are changing. U.S. Attorney's Office, District of Massachusetts, Charlestown Man Sentenced For Bank Robbery, New Hampshire Man Indicted for Allegedly Robbing Five Massachusetts Banks, Boston Man Indicted for Robbing Brookline Bank, Boston Man Charged with Armed Robbery of Postal Worker. Not so in this case. Three masked men entered the bank, one holding a machine gun and another a revolver. denied, 426 U.S. 908, 96 S. Ct. 2231, 48 L. Ed. Indoor Humidty When the Outside Temperature & Humidity Is? During the trial, FBI experts testified DNA tests linked Burke to a 1995 robbery in West Palm Beach. The CBS Boston team is a group of experienced journalists who bring you the content on CBSBoston.com. It was another weekend night, which meant another party. 401. The witness said he and Mr. Nardone had split a $5,000 fee. 2d 108 (1985). In its opening shot itself, the film establishes that it is set in Bostons Charlestown. Moreover, even the films Charlestown setup makes you wonder if it draws its inspiration from real crimes of the Boston neighborhood. 1:98-cr-00002-T: USA v. Sequeira (52 Docket Entries) 18371,2113,924 (c) CONSPIRACY TO COMMIT BANK ROBBERY, ARMED BANK ROBERY, AND USING AND CARRYING A FIREARM DURING AND IN RELATION TO A CRIME OF VIOLENCE [ 197-m -248 ] ARMED BANK ROBBERY, ASSAULT WITH A DEADLY WEAPON IN VIOLATION OF 182113 (a) and 182113 (d) John Dillinger (June 22, 1903-July 22, 1934) While the Great Depression that ravaged the 1930s created a perfect storm that propagated the country with scores of robbers looking to make an easy . The issue is of first impression in this circuit. http://www.druglibrary.org/schaffer/dea/pubs/briefing/4_4.htm. denied, 435 U.S. 905, 98 S. Ct. 1451, 55 L. Ed. P. 52(a). The jurors could have made the impermissible inference that "bad men carry guns, and thus, the bank robber is the bad man." March 15, 1990 Bank of New England, Charlestown, Mass. Sequeira was arrested at the third incident, when police say he attempted to rob a Citizens Bank on Boylston Street. 2d 96 (1982). Edward McNelley of the police homicide unit. Many of them testified that they had grown tired of a life of stealing, of drugs, of broken relationships.. Moreover, although the story of the movie is purely a work of fiction, it actually passes references to several real-life crimes. Feb. 27, 1992 Bank of Boston, Newton, Mass. 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." 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. 1985); Jones, 619 F.2d at 498; cf. On the streets of Charlestown, much of the buzz about the film is centered on a line from the movie's trailer. I, The green square mile : story of the Charlestown Irish, Total Body Photography for at Home BodyScans. 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. Then remembered the handful of movies based on crews in the 60s and 70s. Along with Aaron Stockard, who he invited to work with him on the scripts, Affleck interviewed several locals of the Charlestown community. William P. Coyman, pictured in an old booking photo, collapsed at Penn Station last year -- and medics found nearly $180,000 in cash on him. 1 The issues on appeal are (1) whether the district court erred in refusing to suppress, inter alia, two firearms, $1,958 in cash (including about $150 in "bait money"), and coin rolls seized from Ferreira after an allegedly . 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. This witness also testified that the robber had stolen $3,258 including "bait money." All rights reserved. Between 1975 and 1992, the small Boston community of Charlestown experienced 49 murders, 33 of them unsolved. Because the expert Bodziak testified that it was "possible" but "not probable" that Ferreira's Nike sneakers left that impression, the court excluded his testimony as lacking probative value. United States v. Sharpe, 470 U.S. 675, 682, 105 S. Ct. 1568, 1573, 84 L. Ed. Some of its notorious associates included Will Delaney, Spike OToole, Harry Hannon, William Bennett, Edward Bennett, John Shackelford, Frank Murray, Leo Lowry, Ron Dermody and Joe Rockball ORourke. A hot line set up by DEA yielded hundreds of calls from community residents that developed into valuable leads and significant arrests. At the time he was arrest in 1952, Sutton still owed one life sentence plus 105 years, and he was further sentenced to an additional 30 years. On June 28, 2018, a masked individual, later determined to be Brady, entered a branch of the Cambridge Savings Bank in Charlestown and approached two bank tellers demanding the tellers take money from their cash drawers and the banks vault and give it to him. 27, who was fatally shot . In one sign that fear of retribution remained, Judge Steven McAuliffe sealed the list of jurors names. Although we dont have the exact figures for Charlestowns crime rate in the 90s, statistics suggest that there was indeed a surge in the rate of robberies in Massachusetts in the 80s and 90s, which substantially dropped in the mid-aughts. "It helped me out. Leave the Gun, Take the Cannoli: The Epic Story of the Making of The Godfather. 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. [THE DEFENSE]: But only that he knew the money was stolen, not that he was in the bank. In Trullo, 809 F.2d at 111-12, we upheld a Terry stop on the basis of two brief conversations between the driver of a parked automobile and another man, which occurred in an area known for drug activity and prostitution. Cortez, 449 U.S. at 418, 101 S. Ct. at 695. . Trouble Shooting Codeigniter onlocalhost, Playing mp3 files on a USB stick in a HondaCRV. Robberies in the indictment, approximate amount stolen, if known; and the defendants named in each robbery July 28, 1995 Fall River Five-Cent Savings Bank, Fall River, Mass. A .gov website belongs to an official government organization in the United States. A proficient group of thieves rob a bank and hold Claire, the assistant manager, hostage. Connolly called the verdict a victory for the armored car guards families and a total victory for justice.. BOSTON A Boston man has been indicted in connection with the September 2022 robbery of a bank in Brookline. Most importantly, the district court thought that the possession of the guns would figure prominently as a critical piece of evidence for the jury to consider in its deliberations. March 3, 1995. 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. 1970) (per curiam), the court had a narrower view of relevancy. 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. 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. About five minutes later (35-40 minutes after the robbery), the officers renewed their investigation of the building, which contained many vacant apartments. A court must examine: whether the officer's action was justified at its inception, and whether it was reasonably related in scope to the circumstances which justified the interference in the first place. The officers entered the building, and proceeded to the rooftop. 1989- maureen szymielewicz murder. A longshoreman, for example, might steal a case of tuna from the docks but give a little of the fish to his neighbors so that when the police inquired about the theft, no one knew anything. This individual comes out the door and what happens next? http://www.nytimes.com/1995/03/26/us/neighborhood-finally-talks-and-loosens-crime-s-grip.html. 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. Oddly wholesome. Was the small community of Charlestown really a locus of bank robbers? The serial numbers of the "bait money" were listed both at the bank and at the Federal Deposit Insurance Corporation. Late 1991 Banks and armored cars in Fall River, Mass; Shea, McDonald, Burke. This search was unsuccessful. Your California Privacy Rights / Privacy Policy. The two teens - Terry Burhoe was only 14 and in eighth grade - were hanging out in a courtyard of a neighborhood housing project. Ben Affleck's film "The Town" however gives the impression that every bank robbed in New England is robbed by a "Townie." What makes this Boston neighborhood notorious is that for such a small area, (a. With Ben Affleck, Rebecca Hall, Jon Hamm, Jeremy Renner. ; Shea, OHalloran, McDonald, Burke. The seriousness of the federal charges reassured the residents that they no longer had to live in fear. Police were frustrated by the unspoken "Code of Silence" that the citizens of Charlestown adopted. THE MOVIE THE TOWN WAS Mde after these 4 guys from Charlestown. As Brady fled the area, a GPS tracking device activated within the stolen money, allowing law enforcement to track a location in Charlestown where they eventually located Brady, who was found to be in possession of a large sum of money. Mere appearance of carrying a gun is not enough for relevancy. He testified that the other money in his pockets legitimately came from a settlement in a personal injury case. 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. Martinez, an attractive college student, would approach a bank teller while talking on her cell phone. On Feb. 7, 2019, Brady pleaded guilty to bank robbery. ; Shea, OHalloran, McDonald, Burke. denied, 400 U.S. 834, 91 S. Ct. 69, 27 L. Ed. See United States v. Berryman, 717 F.2d 650, 660 (1st Cir. Dennis C. Taylor, 47, was charged by criminal complaint with one count of bank robbery. The officers arrived at Charlestown from 10 to 15 minutes after the crime. 2d 70 (1979) (no abuse of discretion in admitting expert testimony that hair identifications could have been defendant's). William Cassano, an F.B.I. O'Connor testified he then issued a similar order to Ferreira, but to no avail. Appellant William Ferreira stands convicted of unarmed bank robbery of a federally insured bank, 18 U.S.C. He followed it and later saw one of three men flee into a partially abandoned building. Assistant U.S. Attorney Michael Connolly said Charlestown residents and criminals alike decided to come forward following the Hudson deaths. The robbery occurred shortly after ten o'clock in the morning on October 17, 1973. We do not think that, because weapons may be part and parcel of some narcotics importation and distribution cases, they should similarly be admitted in every kind of bank robbery case, particularly one in which the modus operandi was characterized by the absence of guns. A judge ordered Sequeira to stay away from Boston and the banks involved. 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." The exclusion of the firearms evidence might have raised a reasonable doubt as to identification because of the weakness of the other admissible evidence. Sequeira was once featured in an episode of the show "Caught in Providence." Unlike in Hasting, where the Court found harmless error, the identification evidence in this case was concededly weak. "There are over 300 bank robberies in Boston every year,'' a voice-over says. Normally, "[i]n reviewing the court's refusal to suppress we look only to the record created at the suppression hearing." Colm bribed a man on the inside to show the crew into the basement of the stadium . Fed.R.Evid. It's easy to get your financial life in order, today. As an exception, in cases where the weapons are unrelated to the crime charged, they are relevant as "tools of the trade" to show their necessity for the success of the criminal venture. The men will be sentenced April 2. Convicted bank robber William Sequeira got out of paying some parking tickets telling a judge he was the inspiration for Ben Affleck's character in the movie "The Town." Now he faces more bank . 401. One of the suspects was concealing an object with an orange jacket or sweater. Atty., were on brief for appellee. We turn next to the evidentiary issues. 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. One of them pointed a handgun at bank employees and told them to get down on the floor while the other jumped over the counter and took money from the teller drawers. The fact is, though, there are a number of pieces of significant evidence that tie the defendant to the bank. William Sequeira, 56, arrived at the Houston House in January 2018 after serving more than 26 years in prison for armed robbery. ; $95,000; Shea, McDonald. You already receive all suggested Justia Opinion Summary Newsletters. The Sixth Circuit reasoned that, in an unarmed bank robbery case, evidence that the defendant had a handgun upon his arrest lacked any probative value to an element of the crime. Charlestown is well known to be a rough neighborhood, and as the . District of Massachusetts As they walked down the stairs, Cassano saw Ferreira come out of Room 725. Crime became so commonplace that arguments normally settled in a fistfight often ended in murder. Because the robber was wearing a ski mask, all that she could see was "the little bit of hair" underneath that mask. Share sensitive information only on official, secure websites. The Community's Bank. Whether fear of retaliation by the criminals, anti-police sentiment, or vigilante justice motivated the towns citizens, no one would talk to police. We assume this statement is relevant to the legality of one of the stops. 1 Courthouse Way, Suite 9200 Federal Territory. In this case, the inference of criminal behavior that reasonably can be drawn by an experienced officer from the evidence is stronger than in Trullo. Thanks to diligent investigative work he was apprehended before anyone got injured, Suffolk County District Attorney Kevin Hayden said. I told him, "Hold it. On Feb. 7, 2019, Brady pleaded guilty to bank robbery. United States v. Hasting, 461 U.S. 499, 507-09, 103 S. Ct. 1974, 1979-80, 76 L. Ed. Phone 603-8321 5502. Most of the crime committed over there, we know who did it, said Capt. The bodies of Johnson and . United States v. Jones, 619 F.2d 494, 496, 498 (5th Cir. The prosecution also said Sequeira is suspected in three more robberies in Boston, Dedham and New Bedford. 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. U.S. 675, 682, 105 S. Ct. 1031, 1037, 28 L. 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