Author Archives: dsimonini

Recognition Well-Deserved – Atty. Anne Goldbach Receives the 2016 MACDL Clarence Gideon Award

Anne GoldbachOn June 14, 2016, the Massachusetts Association of Criminal Defense Lawyers (MACDL) presented our colleague, Atty. Anne C. Goldbach, with the Clarence Gideon Award, an honor not awarded every year, but presented to only those worthy to be recognized as champions of the noblest principle that all persons shall stand equal before the law.   Continue reading

Massachusetts Has Lost An Indigent Defense Giant

Schaefer #2Gerry Schaefer surrounded by old colleagues at the CPCS 25th Anniversary Party in 2009.

Attorney Gerry Schaefer, former head of the Massachusetts Defender Committee (MDC), passed away earlier this month at his home in Easthampton, MA.  Although I never had the pleasure of meeting Gerry, I’ve heard many heartfelt and remarkable stories from long time and former defenders.  They speak of him fondly as they have relayed their stories of what he meant to indigent defense in Massachusetts.  I believe the last time Gerry was seen by many was in July 2009 at the Committee for Public Counsel Services 25th Anniversary celebration held at the John Adams Courthouse at which he made a rare appearance. Continue reading

Honoring the Best in Indigent Defense

On May 24, 2016, at the John Adams Courthouse, CPCS honored exemplary attorneys – both public and private – social workers, investigators, and professional administrative staff who dedicate their careers to overcoming injustice and championing the cause of zealous representation and effective assistance of counsel.

In describing this year’s event, CPCS Chief Counsel Anthony Benedetti said, “This year we recognized ten outstanding individuals who have made and continue to make extraordinary contributions to indigent defense. Not all of the honorees are attorneys because the best, most effective representation happens when attorneys, investigators, social workers, and other support staff expend a united effort on behalf of our clients. Zealous advocacy is only attainable through the best efforts of a team, a team made up of a variety of individuals.” Continue reading

National Public Defender Day – Friday March 18th

This Friday, March 18th, marks the 53rd anniversary of Gideon v. Wainwright, and the first nationwide celebration of Public Defense Day.  CPCS is joining the National Association for Public Defense (NAPD), Gideon’s Promise, and other indigent defense organizations across the county in a social media campaign to celebrate and commemorate the event.  As we all know, Gideon v Wainwright is the U.S. Supreme Court landmark decision that created a right to counsel for people too poor to afford to hire a lawyer.  Our campaign is designed to highlight the important and excellent work that everyone in the CPCS indigent defense community does every day on behalf of our clients in both criminal and civil cases.  Whether we are a CPCS lawyer, investigator, social worker or social service advocate, a member of the CPCS staff, or private counsel, we are all “public defenders” on #PublicDefenseDay; we all fight against injustice, abuse of power, and inequality; and we all fight for people, seeing and affirming their human dignity and value, and vindicating their legal and human rights. Continue reading

Nominations Accepted for Duggan, Marshall, Donovan, Blitzman, Winchester, Liacos, Mellen, Addams and Goyette Awards

Nomination Process

The Committee will present the awards at an Awards Ceremony on May 24, 2016 at 5:00 p.m. at the John Adams Courthouse in Boston.

All nominations should be submitted to Ms. Denise Simonini, Executive Assistant to the Chief Counsel, Committee for Public Counsel Services, 44 Bromfield Street, Boston, MA 02108, by fax to 617-988-8495 or email to dsimonini@publiccounsel.net.

Nominations must be submitted no later than March 4, 2016. All nominations must include a written explanation of why the nominee should be honored.
Continue reading

Massachusetts Court Decision Could Impact Up to a Thousand or More Similar Cases across the Country

CPCS Innocence Program Director Lisa Kavanaugh – Co-Counsel in Groundbreaking Case

On January 26, 2016, Judge Robert J. Kane overturned the 24-year-old rape conviction of George D. Perrot, ruling that scientific consensus indicates that the key, expert testimony of a FBI hair analyst would today be flawed and, therefore, inadmissible.

CPCS Innocence Program Director Lisa Kavanaugh is quoted in an article released by the Schuster Institute for Investigative Journalism at Brandeis University saying, “Although the decision does not bind other courts, Judge Kane’s careful analysis ‘is very significant’ and could influence judges in other jurisdictions.”

To read the entire article visit:  http://www.brandeis.edu/investigate/innocence-project/george-perrot/index.html

Women with Alcohol and Substance Use Disorders Will No Longer Be Sent to MCI Framingham – Governor Signs Bill that Gets Women the Treatment They Need and Deserve

A new law will go into effect 90 days after it was signed by Governor Baker on January 25, 2016. This law ends the civil commitment of women with alcohol and substance use disorders to prison.

Chief Counsel Benedetti said, “The practice of sending women to Framingham who are struggling with alcohol and substance use has ended.  This is a tremendous step that will aid many of our clients.  It is also encouraging to see that Massachusetts has come to understand that placing persons with alcohol and substance use disorders in facilities used to house persons convicted of criminal offenses should not and cannot replace those providing treatment services.” 

According to Health and Human Services Secretary Marylou Sudders, “By Feb. 9, fifteen beds at Taunton State Hospital will be available for women under the civil commitment process known as ‘Section 35’.  Twenty-eight new beds have opened at the Lemuel Shattuck Hospital in Jamaica Plain, where nurses are still being hired.”  She continued, “There are six women now civilly committed for substance abuse at Framingham who will either move to the hospitals or end their commitment before then.”

A Legislative conference committee is continuing deliberations on the remaining provisions of the Opioid bill from which the new law was generated. 

Related news articles and the Governor’s press release on the matter can be found at:   http://www.masslive.com/politics/index.ssf/2016/01/massachusetts_stops_sending_wo.html, http://www.tauntongazette.com/article/20160125/NEWS/160127299, and http://www.mass.gov/governor/press-office/press-releases/fy2016/bill-signed-ending-civil-commitment-at-mci-framingham.html

Thanks to the Unsung Heroes for Keeping us Safe

By Michael A. Cohen   July 04, 2015

As Americans celebrate America’s 239th birthday Saturday, we should pause to thank those who defend and uphold our freedoms every day.

No, I don’t mean the armed forces. They certainly do their part — and their courage and service to the nation is unquestioned. But what about the unsung protectors of freedom? Like, for example, public defenders.

The right to counsel is a fundamental constitutional protection. For those who are arrested and can’t afford a lawyer — as we’ve all heard on countless episodes of “Law & Order’’ — “one will be appointed for you.” More often than not, the lawyer that Americans receive is an underpaid, understaffed defense attorney whose job it is to protect you from the awesome power of the state to take away your liberty. It doesn’t matter if one is guilty or innocent; the right to counsel is sacrosanct and so too is the responsibility of that lawyer to provide the best possible defense. None of this is meant to slight prosecutors, who have the duty of upholding the rule of law, or judges, whose job it is to ensure that the receipt of justice is swift, fair, and without prejudice. But when it comes to defending Americans’ most basic freedom from the state, it’s hard to think of a purer example than public defenders. Continue reading