J. W. CARNEY, JR. J. W. Carney, Jr. & Associates LLC 20 Park Plaza, Suite 1405 Boston, MA 02116 617-933-0350 jcarney@carneydefense.com 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. 1989-2013 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). 1983-1988 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. 1978-1983 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).
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
PUBLICATIONS 2011 Editor of Massachusetts Evidence: A Courtroom Reference; author or co-author of six chapters; published 1987; supplemented 1999, 2004, 2006, 2008, 2010, 2011. 2006 Contributing author to Take The Witness: The Experts Speak On Cross-Examination. 2001 Author of four chapters in the treatise Massachusetts Criminal Practice; published 1990; new edition 1998; supplemented 2001. TEACHING EXPERIENCE 1981-2014 Faculty member for various programs of Massachusetts Continuing Legal Education, Inc. (M.C.L.E.) in Boston. Conference Chair (2003-2007) and Co-Chair (2001-2002, 2008-2011) 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 (2004-2007) Criminal Evidence With The Experts (2001) Superior Court Criminal Practice Judicial Forum (1992, 1994, 1997) Advanced Trial Tactics in Criminal Cases (1991-1992, 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 (1984-1990) Served as a Lecturer for the following programs:
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 (1993-1995, 1997-2000) 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 (1981-2001). Sole Lecturer for the three-hour program: Trial Evidence for Superior Court Cases, offered in three venues in 1994. 1982-2009 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.
1984-1996 Trial Advocacy Workshop, Harvard Law School Critiqued students on trial advocacy skills; conducted demonstrations at the evening sessions attended by all students and faculty. 1981-1991 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 1981-1985, 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 1983. 2013 Lecturer, The Most Difficult Ethical Issues for Criminal Defense Lawyers, Boston College Law School, Superior Court Justice Regina Quinlan. 2013 Lecturer, Should Federal Court Proceedings Be Televised?, Harvard Law School, Professor Charles Nesson. 2013 Lecturer, 35 Years Practicing Criminal Law: Personal Reflections, Boston College Law School, Clinical Law Students. 2013 Judge, National Trial Competition, Yale University. 2011 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. 2011 Lecturer, The Government Lawyer: The Prosecutor, Harvard Law School, Professors Charles Ogletree and John Corrigan. 2011 Lecturer, Advanced Criminal Procedure, New England School of Law, Supreme Judicial Court Justice Robert Cordy, adjunct professor. 2011 Lecturer, Trial Practice Skills, Boston College Law School, Superior Court Justice Christopher Muse, adjunct professor. 2010 Lecturer, Evidence Law, Suffolk Law School, Superior Court Justice Isaac Borenstein, adjunct professor. 2010 Lecturer, Evidence Law, Northeastern Law School, Superior Court Justice Isaac Borenstein, adjunct professor. 2010 Lecturer, Advanced Criminal Procedure, New England School of Law, Supreme Judicial Court Justice Robert Cordy, adjunct professor.
2010 Lecturer, Trial Practice Skills, Boston College Law School, Superior Court Justice Christopher Muse, adjunct professor. 2009 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. 2009 Lecturer, Advanced Criminal Procedure, New England School of Law, Supreme Judicial Court Justice Robert Cordy, adjunct professor. 2009 Lecturer, Trial Practice Skills, Boston College Law School, Superior Court Justice Christopher Muse, adjunct professor. 2008 Panelist, Hot Issues in Sexual Assault Cases, Criminal Law Conference, Boston. 2008 Lecturer, Making More Effective Opening Statements and Closing Arguments, Juvenile Bar Association Annual Conference, Westboro. 2008 Panelist, When Justice Fails: Perspectives of the Exonerated Defendant and His Prosecutor, Saint Anselm College, NH. 2008 Lecturer, The Insanity Defense, Trial Court Interpreters Seminar, Massachusetts Trial Court, Boston. 2008 Lecturer, Advanced Criminal Procedure, New England School of Law, Supreme Judicial Court Justice Robert Cordy, adjunct professor. 2008 Judge, American Mock Trial Association, Boston. 2008 Panelist, Ethical Issues: Lawyers and the Media, Harvard Law School, Cambridge. 2007 Panelist, Psychological Developments in the Law of Evidence, American Academy of Appellate Lawyers, Fall Meeting, Boston. 2007 Critiquer, Closing Argument Exercises, Essex County Bar Advocates, Salem. 2007 Lecturer, Criminal Procedure, New England School of Law, Supreme Judicial Court Justice Robert Cordy, adjunct professor. 2006 Panelist, Helping Juries Understand: New Procedures and Emerging Trends, Center for Advanced Legal Studies, Suffolk University Law School, Boston. 2006 Lecturer, New Developments In Testimonial Evidence Post Crawford v. Washington, Massachusetts Bar Association, Boston. 2006 Panelist, Covering Justice: The Media and Public Perception of the Legal System, Massachusetts Bar Association Annual Meeting, Boston.
2006 Lecturer, Criminal Procedure, New England School of Law, Supreme Judicial Court Justice Robert Cordy, adjunct professor. 2005 Lecturer, What To Do When The Police Knock At Your Door, Department of Mental Health Conference, Westboro. 2005 Lecturer, Crawford And Its Application In Massachusetts, Juvenile Court Judges Conference, Marlboro. 2005 Lecturer, Rules To Follow In Criminal Cases, Boston Bar Association, Boston. 2005 Lecturer, Cross-examination of a Difficult Witness, Suffolk Lawyers For Justice, Boston. 2004 Panelist, Demystifying The Judicial Application Process, Massachusetts Lesbian and Gay Bar Association, Boston. 2004 Critiquer, Opening Statement Exercises, Essex County Bar Advocates, Salem. 2004 Panelist, Wrongful Convictions: Identification, Prevention, Correction, Superior Court Judges Conference, Dedham. 2004 Panelist, Preventing Wrongful Convictions, Massachusetts Bar Association Annual Conference, Boston. 2004 Panelist, Eyewitness Identification In Criminal Cases, Massachusetts Bar Association Annual Conference, Boston. 2003 Lecturer, Tips For An Effective Closing Argument, Training Program by the Committee For Public Counsel Services, Boston. 2003 Lecturer, The Cutting Edge: The Most Important Developments In Criminal Law in 2002, Boston Bar Association. 2002 Lecturer, Cross-Examination of Expert Witnesses, National Institute of Trial Advocacy, Boston. 2002 Lecturer, Search Of Dwellings: How Does The Law Apply, Advanced Legal Studies, Suffolk University Law School, Boston. 2002 Moderator and Lecturer, The Cutting Edge: The Ten Most Important Developments In Criminal Law in 2001, Boston Bar Association. 2001 Panelist, Jury Voir Dire, Superior Court Bench/Bar Conference, Boston. 2001 Lecturer, Closing Argument, Zealous Advocacy in the District Courts, Bar Advocate Training Program, Boston. 2001 Lecturer, The Cutting Edge: The Ten Most Important Developments In Criminal Law in 2000, Boston Bar Association.
2000 Lecturer, Recent Developments in Criminal Law, Massachusetts Academy of Trial Attorneys. 2000 Lecturer, Criminal Law: Hot Topics In District Court Practice, Massachusetts Academy of Trial Attorneys. 2000 Lecturer, Presenting More Effective Direct Examinations of Witnesses, Middlesex County District Attorney s Office. 1999 Lecturer, The Cutting Edge: The Ten Most Important Developments In Criminal Law in 1998, Boston Bar Association. 1998 Lecturer, Criminal Procedure, New England School of Law, Superior Court Justice David Lowy, adjunct professor. 1998 Lecturer, Advanced Trial Skills for Criminal Defense Lawyers, Annual Meeting, New Hampshire Association of Criminal Defense Lawyers, Manchester, NH. 1998 Lecturer, Expert Testimony Regarding Coerced False Confessions, C.J.A. Training Program for Federal Criminal Defense Lawyers, Boston. 1998 Critiquer, Civil Trial Training Program, Attorney General's Office, Boston. 1998 Lecturer, The Cutting Edge: The Ten Most Important Developments In Criminal Law in 1997, Boston Bar Association. 1997 Lecturer, Practice Tips For A Mental Health Defense, Bristol County Bar Advocates, New Bedford. 1997 Lecturer, Prosecutorial Misconduct: Improper Tactics From Discovery Through Closing Arguments, Annual C.P.C.S. Conference. 1997 Lecturer, Law And Mental Illness, Boston College Law School, John Flackett, professor. 1997 Panelist, The Media and Your Case, Massachusetts Bar Association Annual Meeting, Boston. 1996 Lecturer, Psychiatric Experts In Criminal Cases, Annual C.P.C.S. Conference, Boston. 1996 Lecturer, The New Juvenile Transfer Law, Massachusetts Bar Association, Boston. 1996 Lecturer, Effective Trial Techniques In Criminal Cases, Middlesex County Bar Association, Boston. 1996 Panelist, The Impact Of People vs. O.J. Simpson On The Criminal Justice System, The Justice George Lewis Ruffin Society. 1996 Panelist, Trying An Insanity Defense, Mass. Association of Criminal Defense Lawyers. 1996 Lecturer, Advanced Criminal Procedure, Northeastern University Law School, Superior Court Justice Isaac Borenstein, adjunct professor.
1995 Panelist, Demystifying The Judicial Nominating Process, Women's Bar Association. 1995 Lecturer, Law And Mental Illness, Boston College Law School, John Flackett, professor. 1995 Panelist, The Judicial Selection Process in Massachusetts, Massachusetts Bar Association Midyear Meeting. 1995 Lecturer, Criminal Procedure, New England School of Law, Superior Court Justice David Lowy, adjunct professor. 1991 Lecturer, Disqualifying and Discrediting So-Called Expert Testimony, Annual C.P.C.S. Conference. 1986 Moderator (with Superior Court Justice Diane Kottmyer), Ethical Issues For Prosecutors, Boston Bar Association. OTHER ACTIVITIES 2009-2014 Board of Trustees, Massachusetts Continuing Legal Education, Inc., which is the primary organization that provides legal education programs for attorneys in Massachusetts. 2001-2014 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. 1992-2014 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. 1997-2008 Board of Directors, Secretary (2006-2008), and volunteer 2012-2014 (1994-2014), 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. 2003-2007 Appointed by Governor Mitt Romney to the Judicial Nominating Commission; Vice Chairperson (2003-2004). Commission made recommendations to the Governor regarding vacancies on the Appeals, Superior, District, Probate, Juvenile, and Land Courts, as well as Clerk-Magistrates. 1986-2004 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.
1998-2000 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. 1993-1998 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. 1993-1998 Boston Bar Association Council; Secretary (1997-1998). member, Executive Committee, Finance Committee; Chairperson, Amicus Committee. 1991-1997 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. 1993-1995 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 1993. 1983-1995 Council Member, Boston College Law School Alumni Association; President (1993-1995), Vice President (1991-1993), Treasurer (1989-1991), Secretary (1987-1989). 2013 Guest Speaker, The Ancient and Honorable Artillery Company of Massachusetts, Judge Advocate Dinner, Boston. 2013 Guest Speaker, Frank J. Murray Inn of Court, Boston. 2010 Henry V, Commonwealth Shakespeare Company and The Federalist Society role of Fluellen in staged reading of play). 2008 Keynote Speaker, Law Day Program, Greater Lynn Bar Association, Lynn District Court, Lynn. 2007 Guest Speaker, Massachusetts Trial Lawyers Association. 2007 Guest Speaker, Righting Wrongful Convictions: A Dialogue Between an Exonoree and His Prosecutor, The Schuster Institute for Investigative Journalism, Brandeis University. 2006 Guest Speaker, Holy Cross Club of Boston. 2005 Battle of the Titans: Five Attorneys Recreate Their Most Famous Closing Arguments, Lawyers Weekly Charity Fundraiser, Boston (voted Best Closing Argument by celebrity jury).
2005 Romeo and Juliet, Commonwealth Shakespeare Company and The Federalist Society (role of Tybalt in staged reading of play). 2004 Much Ado About Nothing, Commonwealth Shakespeare Company and The Federalist Society (role of Borachio in staged reading of play). 2003 Macbeth, Commonwealth Shakespeare Company and The Federalist Society (role of Macduff in staged reading of play). 1999 Guest Speaker, Annual Meeting, Worcester County Bar Advocates. 1998 Guest Speaker, Handling The Media In A High-Profile Case, Boston American Inn of Court. 1997 Debate with District Attorney Paul Walsh, "Should We Have A Death Penalty in Massachusetts?" WPEP Radio. 1997 Guest Speaker, Dinner Meeting, South Middlesex Bar Association. 1997 Guest Speaker, Dinner Meeting, North Suffolk County Bar Association. 1996 Guest Speaker, Luncheon Series, Middlesex County Law Library Foundation. 1996 Guest Speaker, Annual Meeting Banquet, Massachusetts Trial Lawyers Association. 1996 Keynote Speaker, Law Day Luncheon, Central Middlesex Bar Association. 1985-1989 Suffolk County Bar Advocate Steering Committee, which oversees private counsel who accept court appointments to criminal cases; member, Disciplinary Committee. 1976 Staff member of Governor's Select Committee on Judicial Needs (the "Cox Committee"), Archibald Cox, Chairman.