J. W. CARNEY, JR. J. W. Carney, Jr. & Associates LLC 20 Park Plaza, Suite 1405 Boston, MA jcarney@carneydefense.

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1 J. W. CARNEY, JR. J. W. Carney, Jr. & Associates LLC 20 Park Plaza, Suite 1405 Boston, MA EMPLOYMENT 2013-Present J. W. Carney, Jr. & Associates LLC Founder of law firm; criminal practice in State and Federal Courts on all felonies and misdemeanors, including motor vehicle homicide and driving under the influence of drugs or alcohol, domestic violence, drug distribution and trafficking, murder and manslaughter, sexual assaults of adults and sexual abuse of children, RICO prosecutions, shaken-baby syndrome, white collar offenses including fraud and embezzlement, juvenile prosecutions, college disciplinary proceedings, restraining orders, regulatory boards regarding suspension or restoration of professional licenses and other disciplinary proceedings, appeals and motions for a new trial on cases handled by other attorneys, conspiracy, and sealing criminal records. Special emphasis on creative sentencing proposals, expert witnesses, and mental health factors in criminal cases Carney & Bassil, Boston, MA Co-founder of law firm; criminal practice in State and Federal Courts on all felonies and misdemeanors. Notable cases include acquittals, dismissals, and decisions not to prosecute for allegations of murder, motor vehicle homicide, drug distribution, sexual assaults, drunk driving, sexual abuse of children, Federal offenses by elected officials, and restoration of law and medical licenses. Court-appointed cases have included James Whitey Bulger, Tarek Mehanna (terrorism), and John Salvi (Brookline abortion clinic murders) Assistant District Attorney, Middlesex County Scott Harshbarger, District Attorney, Cambridge, MA Tom Reilly, First Assistant District Attorney Senior trial attorney representing the Commonwealth in major felony prosecutions; included twenty-nine jury trials in the Superior Court; supervised a team of eight lawyers in the Superior Court; briefed and argued six cases in the Appeals Court and the Supreme Judicial Court. From June 1985 through December 1986, also was Director of Trial Attorney Training; presented twenty-two programs for attorneys with major focus on advanced problems in evidence and jury trial skills Massachusetts Defenders Committee (now the Committee for Public Counsel Services), Boston, MA Public Defender representing indigent criminal defendants and juveniles in major felony cases; included thirty-nine jury trials in the Superior Court, as well as a wide variety of motion hearings; handled cases through all appellate litigation, including six cases in the Appeals Court, Supreme Judicial Court and the 1st Circuit Court of Appeals, including Commonwealth v. A Juvenile, 389 Mass. 128 (1983) (extending greater Miranda protection to juveniles).

2 BAR MEMBERSHIPS 1978 Supreme Judicial Court of Massachusetts 1979 United States District Court of Massachusetts 1982 United States Court of Appeals for the First Circuit 1991 United States Supreme Court BAR ASSOCIATIONS Boston Bar Association Massachusetts Association of Criminal Defense Lawyers Massachusetts Bar Association National Association of Criminal Defense Lawyers National Lawyers Guild The Federalist Society HONORS Fellow of the American College of Trial Lawyers 1996-present The Best Lawyers In America, 1998-present Massachusetts Super Lawyers 2005-present: annual listing of the top attorneys in Massachusetts out of 50,000 lawyers The Top 100 Lawyers in Massachusetts, Boston Magazine The Five Best Private Criminal Defense Attorneys in Massachusetts, Boston Magazine The Power List: The 81 Most Influential Lawyers in Massachusetts, Massachusetts Lawyers Weekly Highest Rating for Legal Ability and Professional Ethics, Martindale-Hubble Lawyer Rating System Award as a Hero Standing Strong for people with disabilities, Advocates, Inc. 30 th Anniversary Celebration National Trial Competition, Northeast Region, Lifetime Achievement Award Boston College Law School St. Thomas More Award, Law Day Celebration EDUCATION Boston College Law School, Newton, MA J.D., 1978 Holy Cross College, Worcester, MA B.A., 1975

3 PUBLICATIONS 2011 Editor of Massachusetts Evidence: A Courtroom Reference; author or co-author of six chapters; published 1987; supplemented 1999, 2004, 2006, 2008, 2010, Contributing author to Take The Witness: The Experts Speak On Cross-Examination Author of four chapters in the treatise Massachusetts Criminal Practice; published 1990; new edition 1998; supplemented TEACHING EXPERIENCE Faculty member for various programs of Massachusetts Continuing Legal Education, Inc. (M.C.L.E.) in Boston. Conference Chair ( ) and Co-Chair ( , ) for the Annual Criminal Law Conference; moderator for the Judicial Forum on Trial Practice. Served as Program Chair and Lecturer for the following presentations: Demonstration of the Cross-examination of a Psychiatrist (2011) The Most Important Recent Developments in Evidence Law for Criminal Cases (2010) The Complete Guide to Expert Witnesses in Criminal Cases (2009) The Most Important Recent Developments in Evidence Law for Criminal Cases (2008) Access To Privileged Records After Commonwealth v. Dwyer (2007, Boston, Burlington) Challenging Evidentiary Issues In Criminal Cases ( ) Criminal Evidence With The Experts (2001) Superior Court Criminal Practice Judicial Forum (1992, 1994, 1997) Advanced Trial Tactics in Criminal Cases ( , 1995) Hot Tips For Trying Criminal Cases (1992, 1993) Advanced Evidence Topics (1990) Sophisticated Tactics in Criminal Trials (1990) Fundamentals of Direct and Cross-Examination (1989) Training Course For New Prosecutors ( ) Served as a Lecturer for the following programs:

4 Reciprocal Discovery in Mental Health Cases, MACDL Advanced Post-Conviction Litigation Skills (2010) Handling the Most Difficult Witnesses at Trial (2009) Moderator, The Future of Sentencing and Incarceration in Massachusetts (2009) Making the Strongest Opening Argument in a Criminal Case, Anatomy of a Criminal Trial (2009) Destructive Cross-Examination of Witnesses (2008) Cross-Examination Of An Expert, Daubert In Action: Civil & Criminal Practice (2004) Psychiatric Defenses and Related Evidentiary Issues At Trial (2003) Hot Topics in Criminal Law (1998, 2000) Recent Developments in Criminal Law at the Mass. Bar Assoc. Annual Meeting ( , ) Mental Health Issues in the Criminal Justice System (1999) Prosecuting and Defending Murder Cases (1996, 1998) Evidence Rules For Trial Lawyers (1998) Zealous Advocacy in the District Courts (1995) Handling The Toughest Criminal Cases (1991) Transfer of Juveniles For Trial As Adults (1990) Winning Indefensible Criminal Cases (1989) Bar Advocate Training Programs ( ). Sole Lecturer for the three-hour program: Trial Evidence for Superior Court Cases, offered in three venues in National Institute For Trial Advocacy (N.I.T.A./M.C.L.E.) Intensive course designed for attorneys to improve their trial skills; invited to teach each year by judges of the Superior Court; lectures given on opening statements, direct examination, cross-examination, experts, and closing arguments; demonstrations of cross-examination and closing argument.

5 Trial Advocacy Workshop, Harvard Law School Critiqued students on trial advocacy skills; conducted demonstrations at the evening sessions attended by all students and faculty Boston College Law School, Newton, MA Director of the Mock Trial Competition in which approximately sixty third-year students represented parties in simulated civil and criminal jury trials to acquire basic courtroom skills; included lectures on case preparation, evidence, and trial techniques. In addition, from , coached the student team representing the law school in the National Trial Competition; team won Northeast Regionals all five years, and reached national finals in Lecturer, The Most Difficult Ethical Issues for Criminal Defense Lawyers, Boston College Law School, Superior Court Justice Regina Quinlan Lecturer, Should Federal Court Proceedings Be Televised?, Harvard Law School, Professor Charles Nesson Lecturer, 35 Years Practicing Criminal Law: Personal Reflections, Boston College Law School, Clinical Law Students Judge, National Trial Competition, Yale University Lecturer, The Most Effective Approaches to Expert Witnesses, CPCS Annual Conference, Worcester 2011 Lecturer, Crafting a Winning Theme: From Soup to Nuts, Massachusetts Bar Association Centennial Conference, Boston Lecturer, The Government Lawyer: The Prosecutor, Harvard Law School, Professors Charles Ogletree and John Corrigan Lecturer, Advanced Criminal Procedure, New England School of Law, Supreme Judicial Court Justice Robert Cordy, adjunct professor Lecturer, Trial Practice Skills, Boston College Law School, Superior Court Justice Christopher Muse, adjunct professor Lecturer, Evidence Law, Suffolk Law School, Superior Court Justice Isaac Borenstein, adjunct professor Lecturer, Evidence Law, Northeastern Law School, Superior Court Justice Isaac Borenstein, adjunct professor Lecturer, Advanced Criminal Procedure, New England School of Law, Supreme Judicial Court Justice Robert Cordy, adjunct professor.

6 2010 Lecturer, Trial Practice Skills, Boston College Law School, Superior Court Justice Christopher Muse, adjunct professor Keynote Speaker, 2009 Annual Conference on Juvenile Delinquency & Child Welfare Law, The Top Ten Tips for Presenting - or Discrediting Expert Witnesses. (2009) 2009 Lecturer, Overview of Federal Criminal Proceedings: Trials, Criminal Justice Act Board and Federal Defender, Boston Lecturer, Advanced Criminal Procedure, New England School of Law, Supreme Judicial Court Justice Robert Cordy, adjunct professor Lecturer, Trial Practice Skills, Boston College Law School, Superior Court Justice Christopher Muse, adjunct professor Panelist, Hot Issues in Sexual Assault Cases, Criminal Law Conference, Boston Lecturer, Making More Effective Opening Statements and Closing Arguments, Juvenile Bar Association Annual Conference, Westboro Panelist, When Justice Fails: Perspectives of the Exonerated Defendant and His Prosecutor, Saint Anselm College, NH Lecturer, The Insanity Defense, Trial Court Interpreters Seminar, Massachusetts Trial Court, Boston Lecturer, Advanced Criminal Procedure, New England School of Law, Supreme Judicial Court Justice Robert Cordy, adjunct professor Judge, American Mock Trial Association, Boston Panelist, Ethical Issues: Lawyers and the Media, Harvard Law School, Cambridge Panelist, Psychological Developments in the Law of Evidence, American Academy of Appellate Lawyers, Fall Meeting, Boston Critiquer, Closing Argument Exercises, Essex County Bar Advocates, Salem Lecturer, Criminal Procedure, New England School of Law, Supreme Judicial Court Justice Robert Cordy, adjunct professor Panelist, Helping Juries Understand: New Procedures and Emerging Trends, Center for Advanced Legal Studies, Suffolk University Law School, Boston Lecturer, New Developments In Testimonial Evidence Post Crawford v. Washington, Massachusetts Bar Association, Boston Panelist, Covering Justice: The Media and Public Perception of the Legal System, Massachusetts Bar Association Annual Meeting, Boston.

7 2006 Lecturer, Criminal Procedure, New England School of Law, Supreme Judicial Court Justice Robert Cordy, adjunct professor Lecturer, What To Do When The Police Knock At Your Door, Department of Mental Health Conference, Westboro Lecturer, Crawford And Its Application In Massachusetts, Juvenile Court Judges Conference, Marlboro Lecturer, Rules To Follow In Criminal Cases, Boston Bar Association, Boston Lecturer, Cross-examination of a Difficult Witness, Suffolk Lawyers For Justice, Boston Panelist, Demystifying The Judicial Application Process, Massachusetts Lesbian and Gay Bar Association, Boston Critiquer, Opening Statement Exercises, Essex County Bar Advocates, Salem Panelist, Wrongful Convictions: Identification, Prevention, Correction, Superior Court Judges Conference, Dedham Panelist, Preventing Wrongful Convictions, Massachusetts Bar Association Annual Conference, Boston Panelist, Eyewitness Identification In Criminal Cases, Massachusetts Bar Association Annual Conference, Boston Lecturer, Tips For An Effective Closing Argument, Training Program by the Committee For Public Counsel Services, Boston Lecturer, The Cutting Edge: The Most Important Developments In Criminal Law in 2002, Boston Bar Association Lecturer, Cross-Examination of Expert Witnesses, National Institute of Trial Advocacy, Boston Lecturer, Search Of Dwellings: How Does The Law Apply, Advanced Legal Studies, Suffolk University Law School, Boston Moderator and Lecturer, The Cutting Edge: The Ten Most Important Developments In Criminal Law in 2001, Boston Bar Association Panelist, Jury Voir Dire, Superior Court Bench/Bar Conference, Boston Lecturer, Closing Argument, Zealous Advocacy in the District Courts, Bar Advocate Training Program, Boston Lecturer, The Cutting Edge: The Ten Most Important Developments In Criminal Law in 2000, Boston Bar Association.

8 2000 Lecturer, Recent Developments in Criminal Law, Massachusetts Academy of Trial Attorneys Lecturer, Criminal Law: Hot Topics In District Court Practice, Massachusetts Academy of Trial Attorneys Lecturer, Presenting More Effective Direct Examinations of Witnesses, Middlesex County District Attorney s Office Lecturer, The Cutting Edge: The Ten Most Important Developments In Criminal Law in 1998, Boston Bar Association Lecturer, Criminal Procedure, New England School of Law, Superior Court Justice David Lowy, adjunct professor Lecturer, Advanced Trial Skills for Criminal Defense Lawyers, Annual Meeting, New Hampshire Association of Criminal Defense Lawyers, Manchester, NH Lecturer, Expert Testimony Regarding Coerced False Confessions, C.J.A. Training Program for Federal Criminal Defense Lawyers, Boston Critiquer, Civil Trial Training Program, Attorney General's Office, Boston Lecturer, The Cutting Edge: The Ten Most Important Developments In Criminal Law in 1997, Boston Bar Association Lecturer, Practice Tips For A Mental Health Defense, Bristol County Bar Advocates, New Bedford Lecturer, Prosecutorial Misconduct: Improper Tactics From Discovery Through Closing Arguments, Annual C.P.C.S. Conference Lecturer, Law And Mental Illness, Boston College Law School, John Flackett, professor Panelist, The Media and Your Case, Massachusetts Bar Association Annual Meeting, Boston Lecturer, Psychiatric Experts In Criminal Cases, Annual C.P.C.S. Conference, Boston Lecturer, The New Juvenile Transfer Law, Massachusetts Bar Association, Boston Lecturer, Effective Trial Techniques In Criminal Cases, Middlesex County Bar Association, Boston Panelist, The Impact Of People vs. O.J. Simpson On The Criminal Justice System, The Justice George Lewis Ruffin Society Panelist, Trying An Insanity Defense, Mass. Association of Criminal Defense Lawyers Lecturer, Advanced Criminal Procedure, Northeastern University Law School, Superior Court Justice Isaac Borenstein, adjunct professor.

9 1995 Panelist, Demystifying The Judicial Nominating Process, Women's Bar Association Lecturer, Law And Mental Illness, Boston College Law School, John Flackett, professor Panelist, The Judicial Selection Process in Massachusetts, Massachusetts Bar Association Midyear Meeting Lecturer, Criminal Procedure, New England School of Law, Superior Court Justice David Lowy, adjunct professor Lecturer, Disqualifying and Discrediting So-Called Expert Testimony, Annual C.P.C.S. Conference Moderator (with Superior Court Justice Diane Kottmyer), Ethical Issues For Prosecutors, Boston Bar Association. OTHER ACTIVITIES Board of Trustees, Massachusetts Continuing Legal Education, Inc., which is the primary organization that provides legal education programs for attorneys in Massachusetts Appointed (and thrice re-appointed) by the Judges of the United States District Court to the Criminal Justice Act Board, which provides oversight and training programs concerning representation of indigent criminal defendants Co-chair of the Lawyers Assistance Strike Force of the Massachusetts Association of Criminal Defense Lawyers; provides representation to attorneys who are faced with sanctions for the ethical and zealous defense of their clients, including contempt proceedings or the receipt of subpoenas seeking client information Board of Directors, Secretary ( ), and volunteer ( ), Women's Lunch Place; The Women s Lunch Place is a non-profit organization which provides nutritious meals, a safe refuge, and basic resources for women who are homeless and poor Appointed by Governor Mitt Romney to the Judicial Nominating Commission; Vice Chairperson ( ). Commission made recommendations to the Governor regarding vacancies on the Appeals, Superior, District, Probate, Juvenile, and Land Courts, as well as Clerk-Magistrates Chairperson, Board of Advisors, National Trial Competition, Northeast Region; law students from over one-hundred schools participate in mock trials and are evaluated by trial lawyers and judges; competition is co-sponsored by the American College of Trial Lawyers.

10 Appointed by Governor Paul Cellucci to the Executive Committee, Judicial Nominating Council. Council made recommendations to the Governor regarding vacancies on the Supreme Judicial Court, and the Appeals, Superior, District, Probate, Juvenile, and Land Courts, as well as Clerk-Magistrates Appointed by Governor William F. Weld to the Executive Committee, Judicial Nominating Council. Council made recommendations to the Governor regarding vacancies on the Supreme Judicial Court, and the Appeals, Superior, District, Probate, Juvenile, and Land Courts, as well as Clerk-Magistrates Boston Bar Association Council; Secretary ( ). member, Executive Committee, Finance Committee; Chairperson, Amicus Committee Hearing Committee Member of the Board of Bar Overseers of the Supreme Judicial Court; responsibilities include presiding over hearings concerning alleged misconduct by attorneys, ruling on motions, and preparing reports which contain factual findings, rulings of law, and if warranted, recommendation for discipline to the Board of Bar Overseers and to the Supreme Judicial Court Appointed by Governor William F. Weld to be Chairperson of the Judicial Nominating Committee for the Juvenile Court. Committee made recommendations to the Governor regarding twenty-one new judicial positions created in Council Member, Boston College Law School Alumni Association; President ( ), Vice President ( ), Treasurer ( ), Secretary ( ) Guest Speaker, The Ancient and Honorable Artillery Company of Massachusetts, Judge Advocate Dinner, Boston Guest Speaker, Frank J. Murray Inn of Court, Boston Henry V, Commonwealth Shakespeare Company and The Federalist Society role of Fluellen in staged reading of play) Keynote Speaker, Law Day Program, Greater Lynn Bar Association, Lynn District Court, Lynn Guest Speaker, Massachusetts Trial Lawyers Association Guest Speaker, Righting Wrongful Convictions: A Dialogue Between an Exonoree and His Prosecutor, The Schuster Institute for Investigative Journalism, Brandeis University Guest Speaker, Holy Cross Club of Boston Battle of the Titans: Five Attorneys Recreate Their Most Famous Closing Arguments, Lawyers Weekly Charity Fundraiser, Boston (voted Best Closing Argument by celebrity jury).

11 2005 Romeo and Juliet, Commonwealth Shakespeare Company and The Federalist Society (role of Tybalt in staged reading of play) Much Ado About Nothing, Commonwealth Shakespeare Company and The Federalist Society (role of Borachio in staged reading of play) Macbeth, Commonwealth Shakespeare Company and The Federalist Society (role of Macduff in staged reading of play) Guest Speaker, Annual Meeting, Worcester County Bar Advocates Guest Speaker, Handling The Media In A High-Profile Case, Boston American Inn of Court Debate with District Attorney Paul Walsh, "Should We Have A Death Penalty in Massachusetts?" WPEP Radio Guest Speaker, Dinner Meeting, South Middlesex Bar Association Guest Speaker, Dinner Meeting, North Suffolk County Bar Association Guest Speaker, Luncheon Series, Middlesex County Law Library Foundation Guest Speaker, Annual Meeting Banquet, Massachusetts Trial Lawyers Association Keynote Speaker, Law Day Luncheon, Central Middlesex Bar Association Suffolk County Bar Advocate Steering Committee, which oversees private counsel who accept court appointments to criminal cases; member, Disciplinary Committee Staff member of Governor's Select Committee on Judicial Needs (the "Cox Committee"), Archibald Cox, Chairman.