investigators | business fraud | criminal defenseClient freed after 3 decades in prison
Jul.29.2014
In July 2014, client Victor Rosario was freed after spending 32 years behind bars for a 1982 arson fire that killed eight people. A Middlesex Superior Court judge overturned Victor Rosario's one arson and eight murder convictions based on advances in arson forensics as well as major errors in the handling of the investigation, including interviews done with witnesses and Rosario himself.
Jury rejects murder charge, finds teen guilty of manslaughter Jury rejects murder charge, finds teen guilty of manslaughter Jury rejects murder and finds manslaughter charge
Jan.29.2017
Lowell teenager Billeoum Phan, now 16, was found guilty of voluntary manslaughter for the shooting death of Samnang Oth, 21, of Chelsea. Phan was the one of the youngest defendants ever in Massachusetts to face a murder charge.
According to police reports, at approximately 11:18 p.m. on August 12, 2006, Lowell Police responded to 40 Royal Street in Lowell for reports of shots fired.
Although the initial investigation determined that a gang-related fight broke out at a birthday party at the Royal Street residence, the defense investigation showed that the police failed to interview dozens of witnesses. Moreover, several witnesses were called by Phan to testify to the terrifying specter of rocks and bottles raining into the first floor apartment, where several young women, including one pregnant woman, sought shelter. The defense argued that Phan was acting in self-defense when he fired the gun and hit Oth.
Defense counsel Jack Cunha represented Phan, with John Nardizzi leading the defense investigation.
The judge sentenced Phan to DYS custody until the age of 21 for the voluntary manslaughter conviction. Then Phan will have a suspended five-year state-prison sentence and probation after his release.
According to police reports, at approximately 11:18 p.m. on August 12, 2006, Lowell Police responded to 40 Royal Street in Lowell for reports of shots fired.
Although the initial investigation determined that a gang-related fight broke out at a birthday party at the Royal Street residence, the defense investigation showed that the police failed to interview dozens of witnesses. Moreover, several witnesses were called by Phan to testify to the terrifying specter of rocks and bottles raining into the first floor apartment, where several young women, including one pregnant woman, sought shelter. The defense argued that Phan was acting in self-defense when he fired the gun and hit Oth.
Defense counsel Jack Cunha represented Phan, with John Nardizzi leading the defense investigation.
The judge sentenced Phan to DYS custody until the age of 21 for the voluntary manslaughter conviction. Then Phan will have a suspended five-year state-prison sentence and probation after his release.
Lowell settles wrongful imprisonment suit with Dennis Maher
Dec.15.2017
Lowell settles wrongful imprisonment suit with Dennis Maher
BOSTON –Dennis Maher and his lawyers reached a $160,000 settlement with the city of Lowell for his wrongful conviction for the rape and sexual assault of two women in 1983. He was sentenced to life in prison, but Maher won his freedom in 2003 after DNA tests cleared his name. Maher spent more than 19 years in prison.
The town of Ayer continues a legal battle to dismiss a civil rights case filed by Maher over his wrongful imprisonment. Maher accused Lowell and Ayer police of using improper identification techniques, failing to disclose evidence, failing to investigate, and fabricating evidence.
John Nardizzi has led the investigation into the events surrounding the flawed investigation done in Ayer and Lowell. Another Nardizzi client, the Estate of Kenneth Waters, also has a pending case against Ayer. Kenneth Waters was wrongfully arrested and convicted, and served nineteen years of a life sentence, for the 1980 murder and armed robbery of Katharina Brow. Waters was released from prison following the filing of a nolle prosequi in which the District Attorney acknowledged that new DNA evidence had revealed the blood of an unknown person at the murder scene. The DA did not acknowledge Waters’ innocence.
Waters later died as the result of an accident.
BOSTON –Dennis Maher and his lawyers reached a $160,000 settlement with the city of Lowell for his wrongful conviction for the rape and sexual assault of two women in 1983. He was sentenced to life in prison, but Maher won his freedom in 2003 after DNA tests cleared his name. Maher spent more than 19 years in prison.
The town of Ayer continues a legal battle to dismiss a civil rights case filed by Maher over his wrongful imprisonment. Maher accused Lowell and Ayer police of using improper identification techniques, failing to disclose evidence, failing to investigate, and fabricating evidence.
John Nardizzi has led the investigation into the events surrounding the flawed investigation done in Ayer and Lowell. Another Nardizzi client, the Estate of Kenneth Waters, also has a pending case against Ayer. Kenneth Waters was wrongfully arrested and convicted, and served nineteen years of a life sentence, for the 1980 murder and armed robbery of Katharina Brow. Waters was released from prison following the filing of a nolle prosequi in which the District Attorney acknowledged that new DNA evidence had revealed the blood of an unknown person at the murder scene. The DA did not acknowledge Waters’ innocence.
Waters later died as the result of an accident.