Results
Rosemary Scapicchio’s oral argument at Massachusetts SJC in Commonwealth vs. Robinson – On February 6, 2023, Attorney Scapicchio argues for ending life without parole sentences for 18-21 year-olds. The Court currently has this case under advisement and our office is awaiting their decision.
March 2024: Attorney Scapicchio secures a 2-year probation sentence on a trafficking and gun case
Attorney Scapicchio was successful in securing a 2-year probation sentence for a client who was facing a mandatory minimum 12-year sentence in Suffolk Superior Court.
July 2023: Successful Motion to Suppress in a drug trafficking case
Attorney Scapicchio filed a motion to suppress in a drug trafficking case in Bristol County – Fall River Superior Court and was successful in suppressing a search warrant. Based on this success, the entire case against her client was dismissed. Read her motion and the Judge’s decision here:
August 2023: Not Guilty Verdict in Rape Case:
Commonwealth vs. Zerola – Attorney Scapicchio secured another not guilty verdict in a multiple-charge rape case in Suffolk Superior Court. Watch the You Tube coverage here:
https://www.youtube.com/watch?
June 2022: Another Not Guilty – Two First Degree Murder Charges:
Attorney Scapicchio secures another not guilty on a double homicide case. The Commonwealth claimed that Demetrius Moore shot and killed two people outside of a night club. Attorney Scapicchio’s aggressive cross examination of the Commonwealth’s witnesses demonstrated that Mr. Moore acted in self-defense. As a result, the jury found Mr. Moore not guilty on both indicted charges of First Degree Murder.
October 2, 2020 – Stay Granted Pending Appeal
Attorney Scapicchio filed a Motion to Dismiss the indictments against Wesley MacGregor, a court officer wrongfully accused of obstructing justice during the course of his duties. Today, a Federal District Court judge allowed Wesley MacGregor’s motion to stay his case pending the appeal of the motion to dismiss his indictments, so that he can challenge the legality of his prosecution in the First Circuit. In granting the stay, the judge recognized that MacGregor has raised colorable claims for appeal.
August 2020: Case Dismissed After Police Misconduct Exposed at Motion to Suppress Hearing
Attorney Scapicchio secured another dismissal after exposing racial profiling and police misconduct during a motion to suppress hearing. Officers claimed to stop Attorney Scapicchio’s client, Celestino Vicente, due to an expired inspection sticker. Both officers testified that Vicente allegedly reached for his belt several times during the stop, that they were forced to remove Mr. Vicente from the vehicle for their safety, and that he allegedly assaulted officers before pointing a firearm at one of the officers. Attorney Scapicchio’s skillful cross-examination exposed that officers unlawfully turned a routine traffic stop into a criminal investigation with absolutely no probable cause or reasonable suspicion and that officers assaulted Vicente without justification. The judge also did not credit the officers’ claims that Vicente pointed a firearm at them. As a result, the court suppressed all evidence. While the Commonwealth initially attempted to appeal the decision, it withdrew its appeal and entered a nolle prosequi as to all charges.
September 2019: Identification suppressed and Commonwealth files nolle prosequi
Attorney Scapicchio’s client, Anthony Barrows, was charged with two counts of assault and battery with a dangerous weapon causing serious bodily injury, assault and battery and mayhem stemming from an incident that occurred outside of a party in November of 2017. The Commonwealth alleged that Mr. Barrows stabbed the alleged victim after the alleged victim attempted to enter his vehicle. After an extensive hearing, Attorney Scapicchio convinced the Court to suppress the identification of Mr. Barrows made by the main eyewitness. As a result, the Commonwealth filed a nolle pros of the charges in November of 2019.
March 2019 : Firearm Suppressed
Attorney Scapicchio successfully convinced a Suffolk Superior Court judge that the Boston Police unjustifiably pulled her client, Celestino Vicente, out of his vehicle while assaulting him. The judge found that the officers prolonged a seizure made to investigate an expired inspection sticker, and that they did not have a sufficient basis to remove him from the vehicle. As a result, the Court suppressed the firearm Vicente allegedly dropped while fleeing the assault.
February 2019: Not Guilty – First Degree Murder
Attorney Scapicchio secured a not guilty on a first-degree murder charge for her client, Lee Gill. The Commonwealth alleged that Gill dropped off the shooter in a homicide and then picked up the shooter afterwards and fled the area. Attorney Scapicchio successfully undermined the Commonwealth’s allegation that Gill was engaged in a joint venture with the shooter. Lee was reunited with his family after trial.
July 2018 : Cell Phone Evidence Suppressed
A Suffolk Superior Court judge suppressed all cell phone evidence in a first-degree murder case where Attorney Scapicchio successfully convinced the Commonwealth that the affidavit filed in support of the search warrant application was insufficient to establish probable cause to search the phone.
March 2018 : Motion for New Trial Granted in Suffolk Superior Court
A Suffolk Superior judge granted Brian Smith a new trial relating to his convictions for armed home invasion and armed assault with intent to murder among other charges stemming from an August 18, 2006 incident. Mr. Smith was sentenced to thirty to thirty-five years in prison as a result of the convictions.
The Commonwealth alleged at trial that Mr. Smith was targeting the resident of the apartment along with another individual, while Mr. Smith maintained that he was at the apartment buying drugs when an unknown individual attempted to enter, and fired shots into the apartment. The court found that the Commonwealth withheld key evidence that another individual residing at the apartment was scheduled to testify against gang members the next day, and that she was likely the target of the home invasion. The court found that this information would have been key to Mr. Smith’s defense, and granted him a new trial. Click here for the Decision.
February 2018 : First-Degree Murder Indictments Dismissed
The Commonwealth dismissed a first-degree murder charged in Brockton. Attorney Scapicchio forced the Commonwealth’s hand, so the prosecutor was compelled to either nolle pros the charges, or face dismissal due to a Speedy Trial violation.
February 2018: An Important Message from Attorney Scapicchio…
Several days ago there was an outrageous inaccurate claim made on charlestownbridge.com that I was a potential candidate for Suffolk County District Attorney.
Nothing could be further from the truth. I have spent my entire adult life DEFENDING individuals accused of a crime and prosecuted by that office.
Not for a single moment have I considered such a career change as there is not a single fiber in my being that desires to stop DEFENDING people.
I can only surmise that the source of this falsehood are the very people that want me to stop the successful zealous advocacy I have practiced for now over 26 years.
November 2017: Murder Case Dismissed :
The Commonwealth dismissed first-degree murder and all firearms charges after a lengthy Motion to Dismiss hearing, after which evidence was developed that implicated a third-party in the murder.
August 2017: Attorney Scapicchio secured an evidentiary hearing on behalf of Rasheem Christian relating to the Commonwealth’s egregious misconduct in withholding 2700 pages in documents in a homicide case.
August 2017: Attorney Scapicchio secured a post-conviction evidentiary hearing on behalf of Michael Barros on the issue of withheld informant information by the Brockton District Attorney’s Office.
Rosemary Curran Scapicchio has national recognition as a dedicated lawyer and has extensive trial experiences, including a winning track record of “not-guilty” verdicts. Some of those “not-guilty” verdicts include:
December 2017: Six Not-Guilty Verdicts
After a three week hotly contested trial, Attorney Scapicchio secured not guilty verdicts for Kareem Richardson on all six indictments charging Mr. Richardson with indecent assault and battery, two counts of assault and battery with a dangerous weapon, assault with a dangerous weapon and assault and battery. The Commonwealth alleged that Mr. Richardson assaulted a female patron, then stabbed a security staff member and threatened the head of security with a knife. Attorney Scapicchio secured not guilty verdicts through a defense of mistaken identity and by exposing the incompetent police investigation. See the Verdict Slips here.
Not-Guilty – First-Degree Murder
June 2017: Attorney Scapicchio secures a not-guilty verdict on Murder and subsequently secures a finding of not guilty on an Unlawful Possession of a Firearm Charge. Read the Decision.
Yerri Perez was charged with murder and unlawful possession of a firearm. Attorney Scapicchio presented a defense of mistaken identity because only two of the Commonwealth’s witnesses provided a general description that loosely fit Mr. Perez’s description. The jury found Mr. Perez not-guilty but convicted him of unlawful possession of a firearm. Read the Verdict Slip.
After trial, Attorney Scapicchio successfully argued that the Commonwealth did not present any evidence to show that if Mr. Perez was not the shooter during the crime, that he possessed a firearm. The Court vacated Mr. Perez’s conviction of possession of a firearm on those grounds.
March 2017: $250,000.00 Jury Verdict Against the Department of Correction
Attorney Scapicchio successfully sued the Department of Correction on behalf of William Cox on the grounds that the DOC failed to provide Mr. Cox with reasonable accommodations under the American with Disabilities Act. The jury granted Mr. Cox $250,000.00.
May 2015: Attorney Scapicchio successfully defends First-Degree Murder Charge: Solomon Verdict Slips
Anthony Solomon was charged with first-degree murder and unlawful possession of a firearm on October 25, 2012. The Commonwealth alleged that George Ortega, Solomon’s co-defendant, and Steven Fuentes, the victim, were involved in an ongoing dispute and that Ortega ultimately shot Fuentes on Leyland Street in Roxbury on May 24, 2012. The Commonwealth alleged that Solomon provided a .45 caliber firearm to Ortega on Leyland Street immediately prior to the shooting, and that Solomon shared Ortega’s intent and legal culpability as an aider and abettor.
Witnesses alleged that an individual wearing a black and grey winter jacket handed the shooter a firearm immediately prior to the shooting. The Commonwealth presented the surveillance footage from the incident and alleged that the person seen on the video wearing a black and grey jacket was Solomon.
Attorney Scapicchio presented a defense of mistaken identity. Attorney Scapicchio cross-examined the Commonwealth’s witnesses with precision focusing on the inconsistencies in their original descriptions of the suspect to create reasonable doubt. The jury found Solomon not-guilty on both counts – possession of a firearm and first-degree murder – on May 15, 2015.
Sideri Decision – October 2014 – Commonwealth v. Sideri
Commonwealth v. Timothy White – June 2014
September 2012: A new trial was granted in Commonwealth v. White on a public trial issue. Mr. White was released on bail and is currently awaiting retrial.
Attorney Rosemary Curran Scapicchio successfully defends woman charged with Massachusetts Second-Degree Murder in Husband’s Fatal Boston Stabbing
The office of Suffolk District Attorney Daniel F. Conley said that Sharon Fitzpatrick, 39, was acquitted of second-degree murder in the stabbing death of her husband, Sylvester Mitchell. Sharon Fitzpatrick, a civilian police dispatcher charged with stabbing her husband Sylvester Mitchell at their home in May 2007 was acquitted of Massachusetts second-degree murder. This was the second time that her Boston murder case had gone to trial. The first one had ended in a mistrial after jurors were unable to break their deadlock. Suffolk Superior Court charged that she fatally stabbed her husband in the couple’s Dorchester home in 2007 during a dispute. Authorities claimed she was angry that he came home later than was expected. They were to celebrate his 40th birthday. While prosecutors have argued that Fitzpatrick had no injuries from the stabbing to indicate that she needed to protect herself against Mitchell, the 39-year-old woman has always maintained that she acted in self-defense.
Attorney Rosemary Curran Scapicchio successfully defends Massachusetts Second-Degree Murder Charge.
A Dorchester man was found “Not-Guilty” of Massachusetts second-degree murder charge. Anh Vu Nguyen, a 21-year-old from Dorchester, was acquitted of the 2007 slaying of Tai Nguyen (no relation), whose brother had been dating Anh Vu Nguyen’s ex-girlfriend. Prosecutors claimed that Anh Vu Nguyen shot up Tai Nguyen’s Revere home in a jealous rage.
Commonwealth of Massachusetts v. Omar Denton
Omar Denton was charged with first-degree murder and unlawful possession of a firearm. The Commonwealth alleged that he attempted to break up a fight between two girls after a party. The victim attempted to intercede and there was an altercation between Mr. Denton and the victim. The victim’s brother identified Mr. Denton as the shooter. Attorney Scapicchio raised issues of lack of proper police investigation and mistaken identity. The jury found Mr. Denton not-guilty on all counts, including the first-degree murder on November 15, 2007.
Commonwealth of Massachusetts v. Etanis Cumba
Etanis Cumba – In early October 2005, a 20 -year-old Sudbury man was killed while attending a party at his friend’s house in the Mission Hill neighborhood of Boston, Massachusetts. An unidentified male in a hooded sweatshirt and a bandana allegedly threw a cup of beer at the victim and then stabbed him to death. The Commonwealth charged Etanis Cumba with first-degree murder and assault by means of a dangerous weapon. At trial, Attorney Scapicchio presented evidence that the Commonwealth’s own cooperating witness had assaulted the victim with the beer and had a motive to kill the victim. The jury found Mr. Cumba not-guilty of all charges including first-degree murder on September 25, 2007.
Commonwealth of Massachusetts v. Jabari Horsley
The Commonwealth alleged that Mr. Horsley possessed a firearm based on a stop and search of Mr. Horsley as he attempted to walk down a public street. Attorney Scapicchio filed a Motion to Suppress evidence. After a hearing, the Court allowed the Motion to Suppress finding that the police had violated Mr. Horsley’s rights when they stopped him and searched him without probable cause. The Commonwealth dismissed the case against Mr. Horsley on January 19, 2007.
Commonwealth of Massachusetts v. Adonis Espinal
Adonis Espinal – Mr. Espinal was only 23 years old when he was accused of first-degree murder of another young man in a hotel room in Revere, Massachusetts. The Commonwealth alleged that Mr. Espinal was the ringleader of a group of three kids who had planned to rob the victim who was a drug dealer of his recent supply of drugs. Both of the alleged “other members of the group” testified against Mr. Espinal blaming Mr. Espinal for the murder. At trial, Attorney Scapicchio presented evidence that each of the cooperating co-defendants were implicating Mr. Espinal to secure more favorable sentences for themselves. On October 30, 2006, the jury found Mr. Espinal not guilty of first-degree murder; not-guilty of armed robbery; not-guilty of assault with intent to murder, and not-guilty of unlawful possession of a firearm.
Commonwealth of Massachusetts v. Larry Green
The Commonwealth alleged that Mr. Green possessed a firearm and ammunition and that Mr. Green fled from the police striking another vehicle. Attorney Scapicchio developed evidence at trial that Mr. Green did not possess the firearm and did not flee from the police. The jury returned verdicts of not-guilty on the firearms and ammunition charges, as well as not guilty of the operating to endanger charges on July 28, 2006.
Commonwealth of Massachusetts v. Jose Lopes
Mr. Lopes was in his early 20’s when he was charged with first degree murder for the shooting death of a young Cape Verdean man. The Commonwealth alleged that there was a shooting between two rival gangs after a night at a club and that Mr. Lopes drove one of the cars alleged to be involved. Attorney Scapicchio filed motions for gang intelligence which demonstrated that Mr. Lopes was not a gang member. On June 20, 2006, the scheduled date to begin trial, the Commonwealth dismissed all charges against Mr. Lopes.
Commonwealth of Massachusetts v. Orlando Ortiz
Orlando Ortiz -Mr. Ortiz was charged with first degree murder of another man who was found shot to death on the street in Dorchester. The Commonwealth alleged that Mr. Ortiz was the shooter and that they had reliable witnesses to place Mr. Ortiz at the scene. After three years of investigation, including Attorney Scapicchio’s discovery that the victim may have been in possession of a firearm and other evidence suggesting that someone other than Mr. Ortiz was responsible for this murder, on May 15, 2006, one week before trial, the Commonwealth dismissed all charges against Mr. Ortiz and he was released from jail.
Commonwealth of Massachusetts v. John Monteiro
20-year-old John Monterio was charged with first-degree murder involving a shooting that occurred after school on the MBTA. The Commonwealth alleged that Mr. Monterio attempted to rob and then shoot the victim on a crowded MBTA train. Attorney Scapicchio presented evidence that the victim was armed with a ten-inch machete and that the Boston Police allowed the victim’s friends to take the machete from the scene absent any documentation that the victim was armed. On May 6, 2005, the jury found Mr. Monterio not-guilty of first-degree murder and not-guilty of assault with intent to murder.
Commonwealth of Massachusetts v. James Bush
The Commonwealth charged James Bush with first-degree murder claiming that Mr. Bush shot through a door of a home in Dorchester while attempting to rob its occupants, and killed a three-year-old child. The lead detective, Daniel Keeler claimed that he spoke to the parents of the victim the night of the murder together with his partner, Dennis Harris, and that the parents described the shooter. Attorney Scapicchio developed evidence that Daniel Keeler’s report and testimony could not be true because his partner Dennis Harris was not working on the night of the murder. In addition, both of the parents of the victim claimed that they did not provide the description of the shooter Detective Keeler claimed they had provided. On November 9, 2004, the jury found Mr. Bush not-guilty of first degree murder and not-guilty of armed home invasion.
Commonwealth of Massachusetts v. Terry Lowery
The Government alleged that Mr. Lowery possessed a firearm after having been convicted as a felon. The Boston Police testified that they discovered a gun on Mr. Lowery after stopping Mr. Lowery’s car. Attorney Scapicchio presented a defense that the gun was not on Mr. Lowery but found in the car Mr. Lowery was driving, a car not owned by Mr. Lowery. On April 17, 2002, the federal jury found Mr. Lowery not-guilty of all charges.
United States v. Fanfan
Attorney Scapicchio represented Mr. Fanfan on appeal and successfully argued to the United States Supreme Court that the federal sentencing guidelines which had been in effect for the previous twenty years were unconstitutional. As a result, the federal mandatory guideline system was abolished. (U.S. v. Booker and Fanfan).
United States v. Mark Webb
The government alleged the Mr. Webb was involved in a conspiracy to distribute crack cocaine and that one of the acts of the conspiracy was a murder. Attorney Scapicchio developed evidence at a lengthy pre-trial hearing that members of the Boston Police failed to report their interviews with a cooperating witnesses. The federal court dismissed all charges against Mr. Webb.