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.
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
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
… 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 Travis Andersen | 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 Travis Andersen | 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
… 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