Author Archives: dsimonini

CPCS Alerts Media of Petition Seeking Relief from Convictions Tainted by Amherst Lab Chemist and the Misconduct of Two Assistant Attorneys General

Upon filing a petition at the SJC that seeks relief for the thousands whose cases were tainted by Amherst Drug Lab Chemist Sonia Farak and further exacerbated by the misconduct of two assistant attorneys general, CPCS sent out the following press release:

CPCS Files Petition Seeking Relief from Convictions Tainted by Amherst Lab Chemist and the Misconduct of Two Assistant Attorneys General

 (Boston) – Today the Committee for Public Counsel Services (CPCS) filed a petition in the Massachusetts Supreme Judicial Court on behalf of thousands of potential clients, requesting that the Court dismiss with prejudice every case tainted by the misconduct uncovered recently at the Amherst Drug Laboratory by chemist, Sonia Farak.  This action comes after the dismissal of thousands of other convictions tainted by another state laboratory employee, Annie Dookhan. Continue reading

Congratulations to the Essex County Bar Association Advocates – Updated

 


David Hallinan receiving the American Bar Association’s Harrison Tweed Award

The following article on the Essex County Bar Advocate Program being named this year’s recipient of the American Bar Association’s Harrison Tweed Award appeared in The Salem News on June 28, 2017:   http://www.salemnews.com/news/local_news/local-legal-assistance-program-receives-national-award/article_825265e8-c83e-5c41-9873-f47c655446ed.html

Continue reading

Lisa Kavanaugh’s Victory for Frederick Clay

INCREDIBLE!

CONGRATULATIONS to our colleague, Atty. Lisa Kavanaugh, Director of the CPCS Innocence Program, and her co-counsel, Atty. Jeff Harris of the Boston law firm Good, Cormier, Schneider and Fried, on their victory in convincing the Commonwealth to vacate the conviction of Frederick Clay, convicted of first degree murder in 1981.

Clay was convicted on the evidence of two eye witnesses who confirmed his identity only after being hypnotized by police investigators and shown the same array of photos several times.  New identification science reveals that this type of identification is profoundly flawed.  In addition, other witness statements that should have led police to investigate other suspects who more accurately fitted descriptions of the perpetrators were never followed up by them or by Clay’s trial attorney.

Below are links to some of the media reports that followed this incredible outcome, as well as to the press release issued by CPCS:

Chief Counsel Anthony Benedetti receives NACDL 2017 Champion of State Criminal Justice Reform Award

Congratulations to Chief Counsel Anthony Benedetti on receipt of the National Association of Criminal Defense Lawyers (NACDL) Champion of State Criminal Justice Reform Award, which “recognizes an individual or group whose tremendous efforts have led toward progressive reform of a state criminal justice system.” Continue reading

Another Huge Loss in the Indigent Defense Community

10/6/11 3:40:14 PM -- Boston, Massachusetts Portrait of BU Law Professor Robert Spangenberg  Photo by Vernon Doucette for Boston University Photography

Bob Spangenberg – taken in 2011 when he joined the faculty at Boston University Law School

Sad news as another giant from the indigent defense world has passed away.  Robert (Bob) Spangenberg, who spent a lifetime working to improve access to counsel for the poor in criminal and civil cases died late last month at age 83.

In the 1960’s, as an advisor to the Lyndon Johnson administration, Bob was instrumental in the creation of the Office of Legal Services, the precursor of the Legal Services Corporation.  Having helped establish the largest national civil legal aid funder, Bob turned his attention to Boston, where he helped found the organization now known as Greater Boston Legal Services.  Before settling in the Commonwealth, Bob was called back to Washington to serve as Special Assistant to the first Director of the National Legal Services Program.

Bob returned to Boston to become the Executive Director of the Boston Bar Association’s Action Plan for Legal Services.  During his tenure, The Action Plan conducted in-depth research into the legal needs of the Commonwealth’s indigents. The Action Plan’s findings helped prompt the 1983 legislation which created the Committee for Public Counsel Services.  Bob served as a CPCS board member from its inception until 1995 and remained a strong supporter in the years after.

In 1985, Bob formed The Spangenberg Group (TSG).  For a quarter of a century TSG conducted research and provided technical assistance to civil and criminal legal systems around the United States and throughout the world.  During this period Bob testified before Congress and numerous state legislatures, leading to positive change in the delivery of legal services in many jurisdictions.  TSG’s work contributed to a critical rate increase for CPCS private assigned counsel.   Bob and TSG provided key information and expertise to CPCS in the Lavallee (Nathaniel Lavallee, et al. vs. The Justices of the Springfield District Court, 442 Mass. 228 (2004)) and the Arianna  (Arianna S., et al. v. Commonwealth of Massachusetts, et al., SJ-2004-0282 (filed June 28, 2004)) cases.  As result of Lavallee and Arianna, the state legislature enacted hourly rate increases in criminal, juvenile and child welfare cases, and instigated the creation of the first CPCS District Court staff offices.

In 2009, Bob received the Champion of Indigent Defense award for outstanding efforts in making positive changes to indigent defense systems from the National Association of Criminal Defense Lawyers.  The National Legal Aid and Defender Association Reginald Heber Smith award, as well as the Texas Task Force on Indigent Defense Robert O. Dawson award were presented to Bob in 2008.  In addition, Bob was the recipient of the ABA Standing Committee on Legal Aid and Indigent Defendants (SCLAID) Lifetime Achievement Award.

Bob was extremely generous with his time and expertise, always willing to answer a call for advice.  He maintained a keen interest in CPCS, often calling to check in on the never-ending battle for increased funding, or to get more details about a story he had seen in the press.

Bob Spangenberg will be sorely missed.  His work benefitted scores of individuals.   Although still inadequate, because of Bob the services available to indigent defendants and civil legal aid clients in the Commonwealth are significantly better than those provided in most other parts of the country.

Anthony J. Benedetti
Chief Counsel
Committee for Public Counsel Services
44 Bromfield Street
Boston, MA 02108