Hung Jury in Murder Trial in Plymouth County, Massachusetts

Practicing law in Marshfield, Massachusetts, Craig Kowalski focuses on a full range of general education and special education law matters as attorney with Nuttall, MacAvoy & Joyce, PC. Having handled a wide range of criminal cases as Norfolk County prosecutor, attorney Craig Kowalski maintains a close watch on cases in his local area. In April 2019, he was sought out by the Patriot Ledger for observations on a unusual Plymouth County case that raised the possibility of a hung jury.

The case centered on Michael Moscaritolo, the first among four defendants who went on trial for the killing of Robert McKenna. The retired Marshfield stockbroker was found dead in his kitchen in 2015.

The prosecutors argued that Moscaritolo and a pair of other men staged a break in of the home, with the intention of stealing his African art and guns collection, in addition to marijuana from an on-site growing operation. In the process, McKenna had his head pushed through a window, which severed an artery, and was hit with a frying pan over the head.

Over the course of the two-week trial, prosecutors were not able to furnish much evidence tying Moscaritolo to the scene of the crime. As Mr. Kowalski described it to the Patriot Ledger, the length of the deliberations was “unusual,” with the jury likely struggling with a lack of eyewitness evidence. As it unfolded, a jury verdict was not reached, a mistrial was declared, and the district attorney’s office then set about preparing a second murder trial for Moscaritolo.

Basics of School Expulsion in Massachusetts

A former assistant district attorney, Craig Kowalski possesses a master’s degree in education administration and a juris doctor from Boston College. As a member of Nuttall, MacAvoy & Joyce, P.C., Massachusetts-based attorney Craig Kowalski handles legal cases for public school districts. This includes navigating state legislation regarding disciplinary measures such as expulsion.

Under state law, public schools must minimize the use of long-term suspension or expulsion as a disciplinary method, except as a last resort or in response to very specific behaviors. For example, students found guilty of committing felonies may be expelled. Other actions that may result in expulsion include assaulting a teacher or other staff member, or bringing prohibited items such as alcohol, drugs, or weapons to school.

In most cases, expulsion can only last for one calendar year, and students have a right to appeal their schools’ decisions. Schools are also required to support the expelled student’s academic progress by providing their parents or guardians with alternative schooling options and helping the student access these services.

General Education Services at the Nuttall, MacAvoy & Joyce Firm

An experienced attorney, Craig Kowalski holds a master’s degree in education administration from Boston College, in addition to a juris doctor degree from the Boston College School of Law. Currently, Craig Kowalski leverages his expertise in school district issues as an attorney at the law firm of Nuttall, MacAvoy & Joyce.

From its location in Marshfield, Massachusetts, the Nuttall, MacAvoy & Joyce law firm provides expertise in the areas of special education and general education law. Currently, the firm’s practice areas within these areas range from policy analysis and civil rights to student rights and general education.

General education services cover an array of legal issues facing public and charter schools. In addition to bullying, harassment, and discrimination, the Nuttall, MacAvoy & Joyce law firm offers expertise in constitutional law issues such as first amendment rights for teachers and students. Other issues include school governance, limited English proficiency, and even the relevance of the Freedom of Information Act (FOIA) on student records.

For further information on general education services at the Nuttall, MacAvoy & Joyce law firm, visit www.nmjedlaw.com/services.