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

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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.”

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. 

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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.”