Wednesday, June 3, 2020

Conviction Leads To Disbarment

A 2019 felony conviction drew an order of disbarment from the New York Appellate Division for the Second Judicial Department

Under the circumstances of this case, we conclude that the respondent’s conviction of unarmed robbery (Mass Gen Laws ch 265 § 19[b]) is essentially similar to the New York felony of robbery in the third degree, a class D felony (Penal Law § 160.05). By virtue of his felony conviction, the respondent was automatically disbarred and ceased to be an attorney pursuant to Judiciary Law § 90(4)(a).

The Patriot Ledger reported on a more recent conviction arising from the same incident

Michael Moscaritolo showed no emotion Wednesday morning when a jury found him guilty of first-degree murder in the 2015 death of Marshfield’s Robert McKenna. The last of three men to be convicted of the murder, Moscaritolo will spend the rest of his life in prison.

After a two-week trial, the Plymouth Superior Court jury deliberated just over three hours before finding Moscaritolo guilty under all three of the theories presented to them: premeditation, extreme atrocity or cruelty and murder while committing a second felony. Judge C.J. Moriarty sentenced the Quincy lawyer to life in prison without parole, the same sentence given to Moscaritolo’s two conspirators.

As the jury foreman read the verdict in court Wednesday, McKenna’s relatives and friends cried.

“It’s hard to explain the damage you have done, not just to me, but to all his loved ones,” Kevin Costello, McKenna’s neighbor and friend, said to Moscaritolo. “Your family is hurt but at least they can visit you. We can only remember the good times with Rob McKenna.”

The trial was the second for Moscaritolo. The first, in May, ended with convictions on charges of burglary, unarmed robbery and five counts of larceny of a firearm. After six days of deliberations, the judge declared a mistrial after jurors could not unanimously decide on the murder charge.

Moscaritolo and Boston residents Mark O’Brien and James W. Ferguson were found guilty of breaking into McKenna’s home at 190 Damons Point Road to steal his collection of guns, African art and home-grown marijuana. McKenna was pushed through a window during the break-in, severing an artery in his arm, and was beaten over the head with a frying pan.

He bled to death as he tried desperately to activate his home alarm, prosecutors said.

“I have to say this was a crime of unsurpassing cruelty and it has caused so much harm, and that didn’t need to be,” Moriarty said during sentencing. “Mr. Moscaritolo was the mastermind beyond any doubt of this crime, and his sentence will reflect that accordingly.”

After the trial, McKenna’s sister, Elizabeth Ainslie, said she and her family were “bewildered” by the lies and exaggerations about her brother and the attempts to besmirch his reputation.

“Not a day does by we don’t all think of a story we want to share with him,” she said.

While holidays used to be a source of joy, they have become a source of “great sorrow,” marked by McKenna’s absence as the head chef and head storyteller at family gatherings, she said.

(Mike Frisch)

https://lawprofessors.typepad.com/legal_profession/2020/06/a-felony-conviction-drew-an-order-of-disbarment-from-the-new-york-appellate-division-for-the-second-judicial-department-unde.html

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