2015 Weinberg in News

Venue ruling may impact Tsarnaev
By Kris Olson | Massachusetts Lawyers Weekly | December 8, 2015

"In a decision with possible implications for an appeal by Boston Marathon bomber Dzhokhar Tsarnaev, the 1st U.S. Circuit Court of Appeals reversed the conviction of a Puerto Rican man tried in federal court on charges of making false statements to a federal officer in the immediate aftermath of a state court jury finding him guilty of murdering his wife in a related case."

…"Boston lawyers Martin G. Weinberg and Kimberly Homan represented Casellas-Toro. Weinberg called the decision 'a win for the right to an impartial jury.' Given the paucity of decisions on the issue, he called the ruling a 'significant contribution to the jurisprudence' on when a defendant has a constitutuional right to a change of venue." Read more

Puerto Rican Murderer's case may influence Tsarnaev appeal
1st Circuit addresses venue questions in U.S. v. Casellas

By Kris Olson | Massachusetts Lawyers Weekly | August 20, 2015

A petition argued Aug. 18 before the 1st U.S. Circuit Court of Appeals on behalf of a notorious Puerto Rican murderer may provide some clues as to how receptive the same court will be to the appeals of Boston Marathon bomber Dzhokhar Tsarnaev.

Boston attorney Martin G. Weinberg argued that his client's Sixth Amendment right to an impartial jury was violated because at least nine jurors in his federal case knew that Pablo Casellas had been tried in State court …

"So notorious had Casellas become and so incited were the emotions of the public that when news of Casellas' murder conviction was announced at a major [baseball game] … just two-and-a half months prior to the voir dire in [the federal] case, the game stopped while the stands erumpted in a raucous celebration," Weinberg and co-counsel Kimberly Homan wrote in their appellate brief. Read more

Dzhokhar Tsarnaev Is Guilty on All 30 Counts in
Boston Marathon Bombing

By KATHARINE Q. SEELYE | New York TImes | APRIL 8, 2015

Martin G. Weinberg, a prominent defense lawyer in Boston, said that theguilty verdicts had been pre­ordained by the defense team’s admission at theoutset that Mr. Tsarnaev was involved, and that he did not see them as anunexpected setback. Read more 

Defense Looks for Ways to Make Admitted
Boston Bomber More Sympathetic

Defense lawyers are doing what they can for the man they admit was a Boston Marathon bomber. Dzhokhar Tsarnaev is on trial.
NPR's Tovia Smith reports, Martin Weinberg is interviewed. Read more

 

Despite similarities, trials for Aurora shooting and Boston Bombing have one important difference

The State Column, Ella Vincent | January 20, 2015

… A Boston defense lawyer, Martin Weinberg, said it’s imperative to have the trial in Boston.“If we don’t want military tribunals, if we don’t want Guantanamo Bay, we have to demonstrate in Boston – or wherever it’s moved – that this criminal justice system can give this most unpopular man avery fair trial,” said Weinberg. Read more

Dzhokhar Tsarnaev Trial Set to Start Despite Attempts to Delay Proceedings
Experts believe that the jury selection process for the case could be difficult.

By Susan | Boston Daily | January 2, 2015

… Veteran Boston-area defense attorney Martin Weinberg said if he was handling Tsarnaev’s case, he wouldn’t rule out people who had been exposed to the bombing. “You don’t want a jury who has never read the paper, seen the TV, or doesn’t even know about the marathon bombing. That would not be a fair cross section of the community,” he said. “Really what you’re hunting for is a juror that can really divorce themselves from the media. It’s very rare for an appellate court to disrupt a trial.”

But Weinberg said it’s possible Tsarnaev will appeal on the basis that the jury selection was unfair, after the months long trial is over. Read more

An ‘all-star team’ to defend accused Boston bomber Tsarnaev 
Prosecutors have pursued an aggressive case against Dzhokhar Tsarnaev, so the opposition will have to be formidable, experts say.

By Henry Glass | Christian Scientist Monitor | January 2, 2015

Martin Weinberg, a Boston defense lawyer, calls Clarke a “terrific choice.”

“In a case when the system needs to work at its best, at its highest, there’s a call to bring in an out-of-state specialist,” Mr. Weinberg says. “Mr. Tsarnaev is going to get a terrific defense, and that is what the system requires.” Read more  

 

City official wasn’t part of Teamsters’ Top Chef
shakedown, investigation finds

The three-month, $60,000 investigation conducted by a former federal prosecutor found that a city tourism official gave a “friendly heads-up” to two businesses who were going to see picketing if they hosted Top Chef.

By Allison Manning @allymanning | Boston.com Staff | December 28, 2015

A city of Boston tourism official acted on his own and not as part of an extortion scheme when he gave a “friendly heads-up” about planned union protests to two city hotspots scheduled to host the reality show Top Chef , a former federal prosecutor hired by the city found. …

O’Brien was one of four people who declined to speak to Kelly as part of his investigation. His lawyer, Martin Weinberg, told Boston.com Monday that he made the decision not to have O’Brien talk to Kelly, and that the union head had no issues with Walsh appearing on the show. Read more

Nevada orders fantasy sports sites to
shut down

DraftKings, FanDuel ruled to be gambling

By Callum Borchers and Shelley Murphy | BOSTON GLOBE STAFF | OCTOBER 15, 2015

Martin G. Weinberg, a Boston criminal defense lawyer who has represented Internet sports gamblers, said the federal investigation into DraftKings and other fantasy sports companies is venturing into uncharted legal territory. "The heart of this investigation will rest in the great legal wilderness of whether the model of fantasy sports fits gambling on sports events or whether it is closer to a test of skill that’s outside the ambit of the law," he said. Read more

 

Why are feds involved in 'hate crime' case?

By Andy Metzger | State House News Service | August 21, 2015

Tim Flaherty, a Cambridge attorney and the son of the former speaker of the House, offered advice to a Malden limousine driver three months ago that he might as well have given to himself.

In this early stage of the case, Flaherty's lawyers - Martin Weinberg, Thomas Butters and Matthew Thompson - are trying to gather information to show that federal prosecutors wouldn't have normally gotten involved in the road rage case, thereby calling into question whether Flaherty interfered with a genuine federal investigation. Read more

Defense lawyer turns to stats in bid to clear Timothy Flaherty

By Brandon Gee | Massachusetts Lawyers Weekly | July 23, 2015

Boston’s Martin G. Weinberg is employing an interesting bit of data analysis in an attempt to scuttle the federal prosecution of fellow prominent criminal defense lawyer Timothy R. Flaherty of Cambridge. Read more

Volume of juror questions at issue in ‘O’Brien’ appeal

By Brandon Gee | Massachusetts Lawyers Weekly | January 8, 2015

The 1st U.S. Circuit Court of Appeals is being asked to consider, for the first time in more than two decades, the propriety of jurors asking questions of witnesses during a criminal trial.

… “All told, the jury submitted 281 questions, of which the court asked about 180,” states the motion filed by Tavares’ appellate attorney, Boston’s Martin G. Weinberg. “The number … and types of questions asked by the jury removed the jury from its proper function as a neutral factfinding body and transformed it into an inquisitorial body, more in the nature of a grand jury rather than a petit jury, fatally compromising Ms. Tavares’ right to a fair trial.”

In an interview, Weinberg said that “where jurors aren’t just the finders of the facts, but the elicitors of the facts,” the practice unfairly changes the dynamics of the trial. Read more

Prison delayed for O’Brien, Tavares in probation scandal
Corruption case sentences put on hold for appeals

By   | GLOBE STAFF | JANUARY 09, 2015

Martin G. Weinberg, a lawyer for Tavares who joined the defense team after the trial and spearheaded the appeal, also welcomed the news.

“Today’s decision reinforces our position that the appeal of the probation conviction presents important, substantial, and in some cases unprecedented issues to the court of appeals,” Weinberg said. “I’m excited for Liz Tavares and greatly satisfied by this decision.” Read more

 

Unusually long Hernandez trial
appears headed for fast wrap-up

By  | GLOBE STAFF | APRIL 6, 2015

… “There is nothing typical about the intensity of the Hernandez prosecution and defense,” Weinberg said. “This is a circumstantial case, and the defense is challenging virtually every piece of evidence. So you have an unusually active and impassioned defense team, and an unusually intensive and wideranging prosecution.” Read more

End of jury selection near in Aaron Hernandez case

By  | GLOBE STAFF | JANUARY 23, 2015

… Martin G. Weinberg, a prominent Boston defense lawyer, said it is not unusual for defendants to be “deeply involved” in selecting jurors who will decide their fates.

“No one is better than a bright, perceptive defendant at intuiting which potential jurors can relate best to his history, his defense, his underlying humanity,” Weinberg wrote in an e-mail. Read more

In Hernandez case, status of Bristol DA put in doubt
Unintended snag for trial after Baker revokes all of Patrick’s 11th hour appointments

By Frank Phillips | GLOBE STAFF | JANUARY 14, 2015

… “These are profound and important issues as to whether or not the case can proceed in face of the risk of a judicial action that could question the current authority of the prosecutor,” said Martin G. Weinberg, a veteran Boston criminal attorney.

He called the situation “fascinating.” Read more

Aaron Hernandez prosecution may have been derailed unknowingly by new Massachusetts governor

Published January 14, 2015 | Fox News Latino

… However the situation works out, it could provide an opening for Hernandez’s defense, the Boston criminal attorney Martin G. Weinberg believes.

Weinberg told the Globe, “These are profound and important issues as to whether or not the case can proceed in face of the risk of a judicial action that could question the current authority of the prosecutor.” Read more

 

U.S. judge may unseal Epstein sex­ crime plea deal records

By Brendan Pierson |Reuters | Fri, Jan 16 2015

Epstein's legal team plans to file a brief early next week laying out its argument in favor of keeping the documents sealed,Epstein attorney Martin Weinberg said in an email on Friday. Read more

 

Hawthorne Inn building goes up for auction Feb. 6

By Jesse Buchanan |  RecordJournal Staff | January 21, 2015

… Attorney Martin G. Weinberg, of Boston, represents Bokhari and said his client has pleaded not guilty to the charges. Bokhari’s customers were responsible for the fraud charges leveled against Bokhari, according to Weinberg. Read more