Throughout her career Joan has been a member of the CJA panels for the Federal District Court and First Circuit Court of Appeals in Boston. She has represented indigent criminal defendants charged with the full range of crimes tried in the federal court including extortion, fraud, obstruction of justice, RICO violations, conspiracy and narcotics trafficking.
In a recent high profile case, she successfully petitioned the court on behalf of a defendant for relief from two illegal life sentences 14 years after they were imposed.
Joan brought the first Daubert motion challenging the scientific basis for expert ballistics evidence in the country, resulting in the defendant's acquittal. In a recent RICO case in Federal District in Boston she obtained one of two ground breaking decisions excluding or limiting firearms identification evidence.
Joan is the author of "Daubert Challenges to Forensic Evidence: Ballistics Next on the firing Line," which appeared in The Champion in 2002. She presents at conferences nationwide on challenging firearms identification evidence. She also appears frequently on New England Cable Network News (NECN), providing analysis of high profile business fraud and other criminal cases.
Representative Cases:
Trenkler v. United States (D Mass 2007) (1st Cir 2008) (pending)
Successfully petitioned the District court for writ of coram nobis to correct two illegal life sentences imposed 14 years earlier. The First Circuit reversed on appeal, findling lack of jurisdiction to correct the sentence. A petition for cert has been filed in the Supreme Court.
United States v Brandao (D Mass 2006)
Represented defendant at jury trial in multi-defendant RICO conspiracy case alleging murder. After an eight day Daubert hearing, obtained an order of the court expressed in a 50 page opinion excluding ballistics evidence.
United States v Brown (D Mass 2006) (1st Cir 2007)
Represented defendant at jury trial of felon in possession charge. Successfully obtained re-sentencing hearing in light of Supreme Court decision in Shephard, based on argument that sentencing under ACCA was inappropriate.
United States v. Decolegero (D Mass 2005) (1st Cir 2005)
Represented one defendant in multi-defendant RICO conspiracy case alleging murder, robbery and extortion; interlocutory appeal to the First Circuit on issue of first impression, severability of racketeering acts for trial.
United States v Thompson (D Mass 1999) (1st Cir 2000)
Represented defendant charged with drug trafficking at the Bromley Heath housing project including obtaining, at the district court, a downward departure for family / employment history, defending government appeal and filing petition for rehearing en banc.
United States v Prochilo (D Mass 2000)
Obtained a not guilty verdict representing defendant on retrial (May 2000) of conviction and 27 year sentence arising out of an alleged shooting of a Walpole police officer. Filed a Daubert motion to exclude government ballistics evidence, the first in this district and the country. Information obtained at the evidentiary hearing was put before the jury, which returned a verdict of not guilty.
United States v Sutherland (D Mass 1998)
Represented first three strikes defendant in the district of Massachusetts, obtaining a severance from co-defendants charged with attempted murder of a witness and thereafter successfully negotiating a non-cooperation plea.
United States v Frankhauser (D Mass 1996) (1st Cir 1997)
Represented defendant at trial of obstruction of justice charges in connection with an investigation into hate crimes. Successfully appealed role enhancement at sentencing.
United States v Grant (D Mass 1991)
Represented defendant at trial of bankruptcy fraud charges arising out of alleged attempt to conceal from the trustee in bankruptcy six Stobart prints which had hung in defendant’s office. Successfully argued at sentencing that the value of the prints was not their listed value but the $50 a piece price tag had been assigned by the bankruptcy appraiser, resulting in a substantially lower sentence. |