Attorneys Jellison and Alpert are zealous defenders of children ensnared in the criminal justice system. They are widely recognized as leading experts on protecting the constitutional rights of young people in Massachusetts courts. For example, Attorney Jellison convinced the SJC to dismiss all cases in Massachusetts against children under 12 that were already filed when the Legislature raised the age of the jurisdiction for the juvenile court. And Attorney Alpert convinced the Appeals Court that the widely-used juvenile probation condition “comply with DYS” violated separation of powers. Click below to read more about their track record of successfully defending children.
Landmark Ruling Banning Discrimination Against LGBTQ and Black Jurors
On August 16, 2021, Attorney Nathanson along with Attorney Jellison convinced the Supreme Judicial Court to issue a landmark ruling banning discrimination against LGBTQ and Black jurors in jury selection. Attorney Nathanson and Attorney Jellison convinced the SJC to go beyond its Goodridge gay marriage decision and rule that LGBTQ persons are part of a constitutionally protected class. Further, the SJC reversed our clients’ convictions because the trial judge failed to protect Black jurors from discrimination. The judge repeatedly ruled that there were enough Black jurors on the jury, so the prosecutor was not discriminating in striking other Black jurors. But in heavily minority communities like Boston, this is an open invitation to discrimination by allowing just enough Black jurors onto the jury and excluding all others, even if they are qualified. In a strong concurrence, SJC Justice Lowy argued that prosecutors should always have to explain their juror strikes if a defendant objects. A powerful and persuasive amicus brief was filed by GLAD, Black and Pink MA, and the Charles Hamilton Houston Institute for Racial Justice.
Ten Year Reduction of "Habitual Offender" Sentence
Recently, Attorney Jellison successfully shortened a client's cumulative 30 year sentence by ten years, moving his first parole date up by five years. This client was convicted of two non-violent property-based crimes in the space of six months. Middlesex County tried those cases separately and sought “habitual offender” indictments in both cases. The second trial judge ran the client's mandatory maximum sentences consecutively, leading to a cumulative 30 year sentence. Without the habitual offender statute, guidelines would suggest no more than 6 years of incarceration. Three strikes laws are draconian, and should be examined and abandoned in Massachusetts. It is all too easy for black and brown people who have struggled with poverty and addiction over a lifetime to qualify for devastating and disproportionate sentences. The Appellate Division of the Superior Court provided all relief possible after reviewing the client's offense, age, and current medical condition.
Drug Lab Fallout Continues
The Massachusetts drug lab scandal is by no means over. None of the prior cases decided by the SJC dealt with the fact that disgraced chemist Sonja Farak worked at the Boston-area Hinton drug lab before she was caught stealing drugs and faking results at the Amherst drug lab. Atty. Christopher Post recently won a new trial and dismissal of charges where he showed that Farak’s volume of testing at Hinton at times surpassed Annie Dookhan’s, who was only able to achieve such results through fraud. He also showed that Farak made statements that suggest drug use while she was at the Hinton lab.
A Win Against the Jailing of Children
On May 16, 2018, the Supreme Judicial Court adopted the arguments of Attorney Jellison in Commonwealth v. Lazlo L., ruling that continued prosecution of eleven year old children is repugnant to the purposes of the legislature in enacting criminal justice reforms limiting such prosecutions. The prosecution of children is not just cruel, it is empirically bad policy. The prosecution of children has been demonstrated to increase the likelihood of later criminal justice involvement. Further, children this young are precisely those people who are most likely to mature and change. Children should be treated as children.
Amicus Brief: Not Guilty of Accessory to Murder
On May 1, 2019, the Supreme Judicial Court ordered a not guilty verdict for a defendant charged with accessory to murder. On behalf of MACDL and CPCS, Attorney Jellison authored an amicus brief in support of the defendant who was represented by Attorney Jin Ho King of MRDK Law. The witness refused give a phone number, which he had a right to do, and gave evasive answers. He was just scared and wanted to distance himself. The SJC adopted our argument that he didn't provide the killer with a defense or mislead police.
Motion To Suppress Upheld by Appeals Court
Guilty Plea Vacated Due to Immigration Consequences
On January 5, 2017, Attorney Nathanson convinced a judge to vacate our client's guilty pleas to drug trafficking because his trial attorney failed to advise him that a plea to drug distribution would make him automatically deportable under Padilla v. Kentucky, 559 U.S. 356 (2010). Attention to immigration consequences is essential in defending a criminal case.
Freedom in Federal Court
On December 19, 2016, Attorney Nathanson and Attorney Shih secured the release of our client who had been serving a 15 year federal sentence for possession of a machine gun. Using the decision in Johnson v. United States, 135 S. Ct. 2551 (2015), the client’s sentence was reduced to time served with probation. They were able to convince the judge that, given the client's exemplary progress in prison and family support, he should be allowed to go directly home instead of a halfway house. Attorneys Nathanson and Shih helped the client create and practice what the judge called "one of the best allocutions I've ever heard."
Commonwealth v. Lykus
Plymouth Superior Court (2015)
Attorney Wood convinced a judge to order the testing of a a 42 year old stamp for DNA under GL Ch. 278A in a 42 year old murder case. This is one of the first times a judge agreed to order testing of old evidence under this new law.
United States v. Gonzales
United States Court of Appeals for the First Circuit (2013)
"Since the jury did not find a specific cocaine quantity above 500 grams, defendant's sentence must be vacated and the case remanded for further proceedings consistent with the Supreme Court's intervening decision in Alleyne v. United States, 133 S. Ct. 2151 (2013)."
Commonwealth v. Scott
Jordan v. United States
662 F.3d 18 (2011) (distribution of cocaine)
Exclusion of the defendant’s friends and family likely violated his right to a public trial. The defendant was entitled to a new hearing where he could prove this because he was denied an attorney at the prior hearing.
Commonwealth v. Alebord
80 Mass.App.Ct. 43 (2011) (second degree murder)
Exclusion of the defendant’s friends and family during jury selection violated the defendant’s right to a public trial.
Commonwealth v. Cohen
456 Mass. 94 (2010) (extortion)
Our amicus (friend of the court) brief helped persuade the Supreme Judicial Court that the exclusion of spectators during jury selection violated the right to a public trial. This is a landmark case on the right to a public trial in Massachusetts.
Commonwealth v. Bonner
75 Mass.App.Ct. 1112 (2009) (distribution of cocaine)
Admission of a “drug certificate” violated the defendant’s right to confront the witnesses against him.
Commonwealth v. Nicholas
74 Mass.App.Ct. 16 (2009) (contempt)
The trial judge could not hold the defendant in contempt because she did not personally see him make threatening gestures in the courtroom.
Commonwealth v. Murrell
Norfolk Superior Court (2008) (first degree murder)
The motion for a new trial was allowed because the prosecutor's closing argument gave unsworn testimony that went to a critical issue in the case, improperly vouched for a key Commonwealth witness, and improperly argued that a witness feared testifying against the defendant.
Commonwealth v. Aquino
445 Mass. 446 (2005) (violation of probation)
Our amicus brief helped persuade the Supreme Judicial Court that the judge had no power to extend the defendant’s probation because it had already expired.
Smith v. Massachusetts
543 U.S. 462 (2005) (possession of a firearm)
The United States Supreme Court ruled that once a trial judge has ruled that the defendant is not guilty, even before the case goes to the jury, the trial judge cannot reconsider the not guilty finding. That violates the Double Jeopardy Clause.