Committee Meeting Agenda – October 21, 2021 Meeting

The meeting will be held virtually beginning at 5:30 p.m.  Registration is required – details below.

  1. Approval of minutes of the September 14, 2021 meeting
  2. Amicus Request(s)
    • Commonwealth Christopher DeJesus, SJC-13171
    • Commonwealth Jerron Perry, SJC-13144
    • Commonwealth T. G.-A., A Juvenile, Appeals Court No. 2021-P-0380
  3. Psychologist and Psychiatrist Experts Rate Increase
  4. Monthly Financial Overview Report
  5. Commitments $10,000 and Over Report
  6. Meeting Dates for Calendar Year 2022
  7. Chief Counsel Report
  8. Executive Session
    • Personnel Matters

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Committee Meeting Agenda – September 14, 2021 Meeting

The meeting will be held virtually beginning at 5:30 p.m.  Registration is required – details below.

  1. Approval of minutes of the July 15, 2021 meeting
  2. CLE Reimbursement Request
  3. Amicus Request(s)
    *Commonwealth v.  Daveiga, SJC-13147
    *Commonwealth v.  Dufresne, SJC-13123 (Reporting Only – No Vote Required)
  4. Murder List Qualifications – Amendment
  5. Commitments $10,000 and Over Report
  6. Monthly Financial Overview Report
  7. FY 2022 Budget Update
  8. Litigation Update
  9. Hampden County Counsel Update
    *Memo Update
    *Letter to SJC Single Justice Wendlandt
    *Affidavit of Rose King, Director of Criminal Trials
    *Affidavit of James Dixon, Managing Director
  10. Chief Counsel Report

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When: Sep 14, 2021 05:30 PM Eastern Time (US and Canada)
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Cuthbert Wins ABA Solo and Small Firm Trainer Award

CPCS’s Youth Advocacy Division is so happy to announce that Maryellen Cuthbert has been awarded the ABA Solo and Small Firm Trainer Award.

Maryellen’s service to the solo practitioners and children of Middlesex County Massachusetts is heroic and legendary. Maryellen Cuthbert has spent over three decades in private practice as a tireless fighter for the rights of the indigent in both criminal and civil cases. She is a member of eight CPCS panels, including the Superior Court, Youthful Offender, and Children and Family Law panels, and she has demonstrated remarkable creativity, courage, and tenacity in fighting for her clients’ rights and needs, not only in the courtroom, but also in their lives.

Maryellen was among the original five Juvenile Delinquency/Youthful Offender Regional Coordinators in Massachusetts, providing extensive training, mentoring, and supervision to juvenile defense attorneys in the private bar. Since 2007, she has been a Juvenile Supervising Attorney in Middlesex County, where she also serves as a Resource Attorney to the private bar. As Juvenile Supervising Attorney, Maryellen has developed training materials and programs for both the public and private counsel divisions, and she has frequently taught at MCLE, the Suffolk Law School’s Annual Trainings, CPCS sponsored events, and local school groups. She also serves as a liaison to the judges, courthouse staff, community programs, the public and private bar, the bar advocate program, YAD and CPCS.

At a recent MBA Conference, in response to a question from the audience as to what UTEC (United Teen Equity Center) looks for in a lawyer, the UTEC Street Workers and Staff replied simply, “Maryellen Cuthbert.” They went on to describe how Maryellen responds to their calls at all hours, any day of the week; she has driven out to meet with clients in the middle of the night when alerted to issues involving a new incident or arrest, and she has stayed with them until the issue is resolved. Thanks to her, young people have been inspired to turn their lives around; not only does she provide top-notch legal skills, but her dedication to her clients has often motivated them to complete their education, hold down a job, and stay off the streets. She has lead by example and taught her attorneys to do the same.

She is also an outstanding trial attorney – a fighter and a winner – often trying back-to-back cases to juries with excellent results. In 2017, she represented a juvenile in an OUI case; when her motion to suppress was denied, she paid her way to attend an appeals training in New Orleans, and upon her return, she appealed, re-wrote her motion, and won the case for her client. Another client’s case was transferred to Superior Court this year; Maryellen preserved all of the issues for appeal, and then went on to win the jury trial in Superior Court.

As a solo practitioner since 1984, Maryellen has developed a wealth of experience trying cases at all levels, and she has used her talent and experience to assist in developing policy proposals for juvenile justice. She also serves as a Board Member of the Middlesex Defense Attorneys, Inc., as a member of the Juvenile Delinquency Advisory Committee in Massachusetts.

Maryellen also has a flair for making legal trainings for the bar she supervises informative, fun, and tasty. Her trainings at her home are legendary – she brings the entire community of private and public attorneys, judges, and other professionals into her home for outstanding trainings and equally mind-blowing meals. She also manages to squeeze trainings into every available hour of the day – her 1-hour “brown bag” trainings on specific legal issues usually include her provision of enough pizza, salad, and dessert to feed the entire county.

Maryellen works around the clock, and for her lifetime, not only to provide her own clients with cutting-edge representation, but also to ensure that all attorneys in Massachusetts have access to her as a resource, as a colleague, and as a leader in the community. We are extremely lucky to have her, and we are very proud of her.

We are extremely lucky to have Maryellen as a comrade, leader, and coach for all of us who aspire to improve the quality of representation to youth in Massachusetts and throughout the country.

Committee Meeting Agenda – July 15, 2021 Meeting

The meeting will be held virtually beginning at 5:30 p.m.  Registration is required – details below.

  • Approval of minutes of the June 17, 2021 meeting
  • Amicus Request(s)
    *Commonwealth v. Richard Comenzo, SJC-13119
    *Rodriguez v.  Massachusetts Parole Board
  • Commitments Report
  • Monthly Financial Overview Report
  • FY 2022 Budget Update
  • Chief Counsel Report

Registration is required to join the meeting

When: Jul 15, 2021 05:30 PM Eastern Time (US and Canada)

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Defenders in the News

Hello and welcome to the fourth edition of Defenders in the News. 

On the last Friday of every month we will publish a list of news items, awards or big decisions involving anyone under the CPCS banner. If we missed anything, or if you spot an article that needs to be included in the weeks ahead, feel free to send it to CPCS Communications Director Bob McGovern at: rmcgovern@publiccounsel.net

Randy Gioia, deputy chief counsel for the Public Defender Division of CPCS, was quoted in this Berkshire Eagle article about Berkshire District Attorney Andrea Harrington’s failed attempt to have a district court judge removed from the bench over a series of rulings unfavorable to prosecutors. “Calling for a sitting judge to be removed from their post based on a decision a prosecutor disagrees with is both concerning and dangerous,” Gioia said in a statement. “It sends a message to other judges that they need to fall in line or else face an attack on their livelihood, and it ignores the other avenues available when a party disagrees with a judge’s decision.” In a separate piece, the board of directors of the Massachusetts Association of Criminal Defense Lawyers was quoted as being “deeply concerned” about Harrington’s effort to “undermine the independent decision-making of a sitting judge by engaging in an ex parte communication with the Court about pending cases brought by your office.”

Debbie Freitas, a private panel attorney, was quoted in this New York Times article about juveniles being arrested and the effects these moments have on children. Debbie and her sister, Cristina Freitas, were quoted in this Boston Globe article about the challenge of finding beds for at-risk children in Massachusetts and how DCF has had kids sleeping in its offices. “The lack of foster homes has been a chronic issue,” Cristina Freitas said. “But the lack of any placement at all has come over the last month.”

Anthony Benedetti, chief counsel for CPCS, was quoted in this Globe article about a Boston Police scandal involving an alleged overtime scheme. In discussing what the allegations mean for police and their honesty, he said “if a police officer is dishonest in one case, it raises legitimate questions in their other cases.” 

Benedetti was also quoted in this MassLive article about Worcester DA candidate Blake Rubin and lawyer Angela Cavanaugh being found not guilty of witness intimidation. Benedetti said, “Rubin and Cavanaugh were targeted for doing their job advising and representing their clients When prosecutors seek criminal convictions against defense lawyers based on a web of nefarious inferences and the testimony of immunized witnesses, they send an intimidating message to all defense lawyers that your freedom and livelihood are at risk if you do your job and represent clients zealously. That kind of message, especially coming from prosecutors, is extremely dangerous and obstructs our system of justice.”

Benedetti’s testimony during the inaugural hearing of the Joint Committee on Racial Equity, Civil Rights, and Inclusion was quoted in this CommonWealth Magazine article. He testified “that in soliciting ideas from public defenders on how to address racism, he received dozens of responses touching on topics ranging from courts and the foster care system to education and the environment. ‘No single approach is going to solve every problem,’ he said.”

Patrick Levin, a staff attorney with CPCS, was quoted in this Mass Lawyers Weekly article about a recent SJC decision that opened the door for criminal defendants who have been held based on dangerousness under G.L.c. 276, §58A during the pandemic to pursue motions for reconsideration. Levin called the decision “an enormous improvement over the status quo.”

Rebecca Jacobstein, head of CPCS’ Strategic Litigation Unit, is quoted in this Salem News article about a recent Supreme Judicial Court hearing where CPCS and others continued their fight for prisoner rights during the pandemic. Jacobstein “argued that all jails should be providing options for remote visits with clients that mirror as closely as possible in-person, contact visits, with the ability to share documents and bring in third parties such as interpreters or experts.”

James Doyle, a private panel attorney, wrote two separate articles for The Crime Report. In one piece, he explores three ideas that could potentially improve discourse surrounding the criminal legal system. Doyle also wrote a piece called “The Perils of Justice ‘Colonialism.’”

David R. Rangaviz, a staff attorney for CPCS, is quoted in this Mass Lawyers Weekly article about an SJC decision tossing out evidence from a GPS ankle monitor that showed a defendant’s movements. Rangaviz “noted that injustice often results from what turns out to be faulty assumptions about the reliability of evidence gained through technology.” He said the SJC’s ruling “is pushing trial judges to scrutinize evidence a little more on the front end and not take for granted its reliability because it has superficial appeal.”

Lisa Hewitt, general counsel for CPCS, was quoted in this CommonWealth Magazine article about the mandated reporter commission. Hewitt said that the testimony at the commission’s public hearing was “poignant and enlightening.” She said the child welfare system disproportionately affects families of color, and any change “needs to be viewed through that lens and must strive to mitigate and not exacerbate this problem.” Hewitt added “the work highlighted the need for further substantive discussion and input from affected communities. It also highlighted the need to look at the mandated reporter law in relation to the entire child welfare system.”

Committee Meeting Agenda – June 17, 2021 Meeting

The meeting will begin at 5:30 p.m.  Registration is required – details below

  1. Approval of minutes of the May 19, 2021 meeting
  2. Amicus Recommendation(s)
    1. Commonwealth v. Curran, SJC-13093
    2. Commonwealth v. Huang, SJC-11575
  3. Contracts:
    1. FY 2022 Bar Advocate Programs
    2. FY 2022 Provision of Legal Services to Dukes and Nantucket Counties
    3. FY 2022 Supervising Attorneys
    4. FY 2022-FY 2023 CAFL Resource Attorneys
    5. IT Security
  4. Monthly Financial Overview Report
  5. Commitments $10,000 and Over Report
  6. FY 2022 Obligations over $25,000 for Preapproval
  7. Chief Counsel Report

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Defenders in the News

Hello and welcome to the third edition of Defenders in the News. 

On the last Friday of every month we will publish a list of news items, awards or big decisions involving anyone under the CPCS banner. If we missed anything, or if you spot an article that needs to be included in the weeks ahead, feel free to send it to CPCS Communications Director Bob McGovern at: rmcgovern@publiccounsel.net.

The Biden administration ended a federal agreement with the Bristol County sheriff’s office to house civil immigration detainees. A number of defense attorneys, public defenders and civil rights lawyers flagged the horrible conditions at the facility and have been involved in various efforts to get people released. Ira Alkalay, John Swomley, Mario Paredes, Ben Haldeman, Jim Vita, Jen Klein and Victoria Kelleher and others have been involved in advocacy regarding ICE detainees at the Bristol County facility.

The Massachusetts Bar Association presented its 2020 Outstanding Young Lawyer Award to Anne M. Stevenson, a private panel attorney. The annual award recognizes a young lawyer who has demonstrated outstanding character, leadership and legal achievement, and has contributed service to the community. Stevenson protects the rights of youth in Children Requiring Assistance (CRA) cases and adults with mental illnesses in civil commitment hearings. 

The Massachusetts Bar Association presented its Access to Justice COVID-19 Impact Award to the Committee for Public Counsel Services’ Nancy Baratta and Ann O’Connor for going “above and beyond during these challenging times to address legal needs arising from the pandemic.”

Wendy Wayne, director of the immigration impact unit at the Committee for Public Counsel Services, is quoted in this Law360 article about a lawsuit brought by CPCS and others challenging ICE’s Trump-era practice of conducting civil immigration enforcement actions near Massachusetts courthouses. The group dropped this suit after the Biden administration’s decision to stop the practice. 

Xiomara Hernandez and Kate McCay, private panel attorneys, were recognized by their peers “for their tremendous work on behalf of their client” in Doe, No. 6969 v. Sex Offender Registry Board, 99 Mass. App. Ct. 533 (2021). In 2005, their client was denied an attorney in a classification hearing, despite the client’s request for representation. Kate McCay moved to vacate that decision and reopen the hearing. The Sex Offender Registry Board took the position that they had no power to reopen a hearing and convinced the Superior Court to dismiss the client’s request. The Appeals Court found that the Board was wrong and ruled that the Board has the inherent authority to reopen a decision to mitigate a miscarriage of justice.  The Court also chastised the Board for its inadequate colloquy concerning waiver of counsel. Although the Court ultimately affirmed the Board’s decision, Xiomara and Kate’s client will receive a new hearing by operation of statute. By pursuing their arguments about representation, Xiomara and Kate changed the law for the better and guaranteed that their client would get a new hearing.

Rebecca Kiley and Benjamin H. Keehn, staff attorneys for CPCS, were mentioned in this Law360 article on the Supreme Judicial Court’s decision articulating that evidentiary hearings can be conducted virtually during the COVID-19 pandemic without violating a criminal defendant’s state and constitutional rights. Despite ruling that a virtual hearing would not be unconstitutional, the justices found that Suffolk County Superior Court Judge Mary K. Ames abused her discretion in August when she denied a bid from defendant John W. Vasquez Diaz to delay his hearing on the motion to suppress until it could be held in person.

Dave Rangaviz, a staff attorney, is quoted in this CommonWealth Magazine piece on the Supreme Judicial Court’s decision to hear a case about the police practice of designating people as gang members. Rangaviz said gang lists have “extreme racial disparities” and are “based on completely untested, unempirical and therefore unreliable criteria for so-called gang membership.”

Eric Tennen, a private panel attorney, is quoted in this Mass Lawyers Weekly article about a Superior Court judge allowing “cell tower dump” evidence. The judge in the case validated two warrants seeking cell site location information for every individual who communicated with any of the four major service providers near the scene of an alleged crime. Tennen argued that the searches lacked probable cause and that the warrants were essentially unparticularized general warrants.

Rebecca Jacobstein, head of CPCS’s Strategic Litigation Unit, is quoted in this Boston Globe article on Suffolk District Attorney Rachael Rollins’ new effort to potentially overturn charges in tens of thousands of criminal cases built on drug evidence tainted by the ongoing state drug lab scandal.

Merritt Schnipper, a private panel attorney, is quoted in this CommonWealth Magazine piece about one of his clients being freed after more than four decades behind bars for a crime he insists he did not commit. 

Mass Lawyers Weekly had a story on a series of decisions limiting the admissibility of blood-alcohol content evidence in drunken driving cases and quoted a number of defense attorneys. Joseph D. Bernard, Michael A. Contant and Erin R. Opperman all gave comments for the piece.

Committee Meeting Agenda – May 19, 2021 Meeting

The meeting will begin at 5:30 p.m.  Registration is required – details below.

  • Approval of minutes of the April 15, 2021 meeting
  • Amicus Request – Commonwealth v. Ernest Monell – FAR-28219
  • Contract – FY 2022 Juvenile Supervising Attorney
  • Commitments $10,000 and Over Report
  • Monthly Financial Overview Report
  • FY 2022 Budget Update
  • Personnel Subcommittee Update
  • Chief Counsel Report
  • Executive Session
    *Equity Adjustment
    *Staff Supplemental Payment Proposal

    Registration is required to join the meeting
    When: May 19, 2021 05:30 PM Eastern Time (US and Canada)
    Topic: CPCS Committee Meeting
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Baratta, O’Connor Win MBA’s COVID-19 Impact Award

Children and Family Law attorneys Nancy Baratta, Esq., left, and Ann Balmelli O’Connor, Esq.

The Massachusetts Bar Association has announced that it will present its Access to Justice COVID-19 Impact Award to the Committee for Public Counsel Services’ Nancy Baratta and Ann O’Connor for going “above and beyond during these challenging times to address legal needs arising from the pandemic.”

Baratta and O’Connor, who are both involved with the CPCS Children and Family Law Division’s COVID Legal Response Team, will be presented with the award at the MBA’s free, virtual Annual Meeting on Tuesday, May 25, at 5:30 p.m.

“This is wonderful recognition for the hard work that Nancy and Ann have done over the last year to ensure indigent clients continued to receive the zealous advocacy that they are entitled to and deserve,” said CPCS Chief Counsel Anthony Benedetti.

Baratta, a CAFL managing director, created the COVID Legal Response Team, which is charged with ensuring that attorneys continue to zealously represent clients despite the many obstacles caused by COVID-19. The response team is made up of private attorneys, staff attorneys and a social worker. O’Connor, a CAFL attorney in charge, took a leadership role on the COVID Legal Response Team from the outset.

“Families involved in state intervention cases brought by DCF have faced even more challenges in over the last 14 months than they do in ordinary times,” said Michael Dsida, Deputy Chief Counsel for CPCS’s Children and Family Law Division. “Thanks to Nancy’s and Ann’s leadership and dedication, along with great work from the rest of the COVID Legal Response Team, parents and children were provided far more access to justice than they would have otherwise had during the pandemic.”

The team continues to ensure that each of the more than 900 attorneys taking cases for indigent parents and children had the tools to access justice. Whether it was by phone, Zoom, or in person, every attorney had the resources to support their practice. Through their leadership, Baratta and O’Connor helped to ensure that thousands of parents and children received high-quality legal representation under incredibly stressful circumstances.

In nominating Baratta and O’Connor for the award, attorneys Debbie and Cristina Freitas wrote:

“The pandemic may have paralyzed the economy, but these two very dedicated leaders ensured that it would not paralyze justice. They mobilized (and often created!) the resources, trainings, ideas, and support to keep zealous and high quality representation of indigent parents and children a priority throughout the pandemic using a relatively unprecedented model of partnership. It was through their creativity and resolve that parents and children did not wait indefinitely to have their cases heard, to visit with each other, or to secure needed services. Nancy and Ann moved quickly to create and implement an innovative and creative program to address the barriers the COVID-19 pandemic put in the way of accessing justice and in doing so, ensured that justice was not delayed or denied for thousands of indigent parents and children.”

Defenders in the News

Hello and welcome to the second edition of Defenders in the News

On the last Friday of every month we will publish a list of news items, awards or big decisions involving anyone under the CPCS banner. If we missed anything, or if you spot an article that needs to be included in the weeks ahead, feel free to send it to CPCS Communications Director Bob McGovern at: rmcgovern@publiccounsel.net

Cristina Rodrigues, a CPCS staff attorney, won the Massachusetts Association of Criminal Defense Lawyers’ prestigious Hines-Burnham Award for her outstanding contribution to racial justice and civil rights. The Hines-Burnham award is reserved for attorneys who have demonstrated excellence and innovation within the first 10 years of criminal defense practice.

Joe Schneiderman, a private panel attorney, was quoted in a Boston Herald article about his victory in Commonwealth v. Ulani. The Massachusetts Supreme Judicial Court vacated a contempt judgment against a juvenile, and found that a lower court judge abused her discretion by not taking the teenager’s status as a juvenile into account. Schneiderman called the decision “a banner, positive, landmark win for children throughout the commonwealth. Children in juvenile court shall not be treated as criminals.”

Randy Gioia, deputy chief counsel for CPCS’s Public Defender Division, was interviewed by GBH about the resumption of jury trials. Gioia said, “we all know that studies have shown that racial and ethnic minorities have suffered disproportionately from COVID, and they’re less receptive to taking the vaccine. We’re concerned that they’ll be less likely to appear for jury duty, and an accused person won’t have a jury that represents a fair cross section of the community, like the person is entitled to.”

Jeffrey Baler, a private panel attorney, earned a victory for his client in Commonwealth v. Williams, where the Supreme Judicial Court vacated a murder conviction because “the trial judge abused his discretion in excusing a juror who professed an inability to begin deliberations anew after the discharge of another juror.”

Jacqueline M. Dutton, Attorney-in-Charge of the combined District and Superior Court Office in Worcester, was quoted by the Telegram in its piece about Worcester District Attorney Joseph D. Early Jr. failing to disclose information about an integrity unit created after a complaint about the Worcester PD. Dutton said, “I would expect, as a lawyer, under ethical rules to do justice, that they would want to follow up on concerns about integrity — even just to say, ‘We looked into it, and there’s nothing there.’”

Anne Stevenson, a private panel attorney, was quoted in a Patch article about Marblehead’s search for a new police chief. Stevenson said “civil rights and equality are things that we need to look at, and make sure that the new candidate is going to put us in a good position and shares our values in that respect.”

Victoria Bleier, a staff attorney, was quoted in a CommonWealth Magazine piece about the effect the pandemic has had on the child welfare system in Massachusetts. Bleier said, “there are huge due process implications with terminating a parent’s rights and permanently severing the connection a child has with the parent over Zoom.”

James Doyle, a private panel attorney, was quoted in a New Yorker article about Elizabeth Loftus, a psychologist who studies how false memories can affect our daily lives. Doyle said that Loftus’ “work changed the whole story of what an eyewitness case was about, and destabilized a solid and routine part of the criminal caseload.”

A CPCS staff attorney and her client were quoted in a Marshall Project article about how video chats replaced in-person visits between parents and their children placed in foster care. The client, discussing the practice, said “it’s just impossible to bond with her over the screen. Ever since, I’ve been asking basically, ‘Can I hold my daughter?’”

Lisa Billowitz, a private panel attorney, was quoted in a Boston Globe article about the Supreme Judicial Court reducing the sentence of her client, Raymond Conception, from first degree murder to second degree murder due to his cognitive impairment. Billowitz said she was “pleased that the SJC held that Raymond’s unusual vulnerabilities — including his intellectual disability and the coercion by adult gang members — warranted a reduction to second-degree murder, with an earlier opportunity for parole.”