Former Boston police union boss pleads guilty to child rape and abuse charges by Brooke Kaufman by Brooke Kaufman According to the New York Post, former Police Patrolmen’s Association head Patrick Rose, 67, pleaded guilty to 21 counts of child rape and sexual abuse. The crimes spanned a 27-year period …

Massachusetts Supreme Court: Prosecution Failed to Prove Defendant Knowingly, Voluntarily, and Intelligently Waived Right to Counsel After Having Asked for Lawyer Earlier But Officer Continued to Engage in ‘General’ Talk for Nearly 45 Minutes by Anthony Accurso by Anthony W. Accurso The Supreme Judicial Court of the Commonwealth of Massachusetts …

News in Brief by Alabama: Techdirt reports that police in Brookside have routinely violated the law in traffic enforcement. By early February 2022, it was clear that the local police department in the small town had been racking up staggering amounts of income in traffic fines, receiving more than $600,000 …

Massachusetts Supreme Judicial Court Announces Bodycam Video Subsequently Reviewed in Unrelated Investigation Constitutes Unconstitutional Warrantless Search by Anthony Accurso by Anthony W. Accurso  In a case of first impression on two issues, the Supreme Judicial Court of Massachusetts (“SJC”) held that (1) an officer wearing a bodycam inside a suspect’s …

Massachusetts Remains a Civil Forfeiture Outlier by Jayson Hawkins by Jayson Hawkins  The five-plus decade battlefield of America’s war on drugs and crime is littered with dishonesty, abuse, and failure, which goes far to explain why 50 years of social war has achieved nothing beyond the growth of a massive …

Civil Forfeiture Under Fire in Massachusetts by Jayson Hawkins by Jayson Hawkins Devantee Jones-Bernier did not have any drugs on him when police executed a search warrant on the apartment where he was visiting some friends in Worcester, Massachusetts. Marijuana was found in the unit, and so Jones-Bernier was initially …

Boston Cops Fleece Citizens to Secretly Buy Controversial Spy Tech by J.D. Schmidt by J.D. Schmidt Boston police used money obtained via civil asset forfeiture to secretly purchase high-tech cell phone surveillance equipment, a new report claims. The exposé, published jointly by Pro Publica and WBUR, details how the Boston …

News in Brief by Arizona: Claims for $300,000 were filed in September 2021 against the city of Chandler, Arizona, in advance of a lawsuit planned by two activists arrested during a protest against police brutality six months earlier. According to a report by the Phoenix New Times, the men, Darien …

Massachusetts Supreme Judicial Court Announces Impacted Third Party Has Right to Appeal Motion Granting Postconviction DNA Testing by Matthew Clarke by Matt Clarke The Supreme Judicial Court of Massachusetts ruled that a third party who is ordered to provide biological materials pursuant to G. L. c. 278A has a right …

First Circuit: ‘Controlled Substances Offense’ Under § 2K2.1(a)(2) of USSG Refers to Time of Sentencing, Not Time of Prior Conviction by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the First Circuit held that the term “controlled substance offense” in § 2K2.1(a)(2) of the U.S. Sentencing …

News in Brief by Alabama: A former Alabama cop convicted of murdering a mentally ill and suicidal man in his own home reported to a state prison in Montgomery on September 6, 2021, to begin serving a 25-year sentence he received for the crime, according to Huntsville TV station WAFF. …

Massachusetts Supreme Judicial Court Announces Premature Sex Offender Classification of Incarcerated Offender Who Accepted Classification Violates Procedural Due Process by Douglas Ankney by Douglas Ankney  The Supreme Judicial Court (“SJC”) of Massachusetts held that a premature sex offender classification for an incarcerated offender who has waived her right to a …

Massachusetts Supreme Judicial Court: Withholding Exculpatory Statement Change by Key Witness Constitutes Brady Violation, Requiring New Trial by Matthew Clarke by Matt Clarke The Supreme Judicial Court of Massachusetts held that the prosecution in a first-degree murder (extreme atrocity or cruelty) trial failed to disclose material, exculpatory evidence that a …

The Legacy of Len Bias by Jayson Hawkins How death of basketball star helped launch unjust war on drugs by Jayson Hawkins On June 19, 1986, Len Bias died of cardiac arrhythmia caused by a cocaine overdose. Bias was a basketball superstar at the University of Maryland and had been …

Massachusetts Supreme Court Revisits Lougee and Announces Framework for Determining When Pretrial Detention Prolonged Due to COVID Violates Due Process by Douglas Ankney by Doug Ankney The Supreme Judicial Court of Massachusetts (“SJC”) announced the framework for deciding whether a defendant’s due process rights were violated where the defendant’s pretrial …

Massachusetts Supreme Court: Error to Exclude Expert Testimony on Significance of Tattoo to Support Claim of Self-Defense by David Reutter by David M. Reutter The Supreme Judicial Court of Massachusetts found a trial court abused its discretion when it excluded an expert who sought to testify as to the cultural …

U.S. District Court Grants Compassionate Release Based Entirely on Nearly Three-Decade-Old Sentencing Error, Reduces Life Sentence by Dale Chappell by Dale Chappell Citing a sentencing error from 27 years ago, the U.S. District Court for the District of Massachusetts granted compassionate release to a man serving a life sentence for …

First Circuit: Government’s Mention of Co-Defendant’s Guilty Plea Before Jury Was Confrontation Clause Violation Warranting New Trial by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the First Circuit upheld the U.S. District Court for the District of Massachusetts’ order granting a new trial after the prosecutor …

Women, Incarceration, and Violent Crime, MA, 2021 Women,‌‌Incarceration,‌‌and‌‌Violent‌‌Crime:‌‌A‌‌Briefing‌‌in‌‌Response‌‌to‌‌ Plans‌‌for‌‌Building‌‌a‌‌New‌‌Women’s‌‌Prison‌‌in‌‌Massachusetts‌1‌ ‌ ‌ “[T]he‌‌effort‌‌to‌‌divide‌‌up‌‌the‌‌world‌‌into‌‌the‌‌violent‌‌and‌‌the‌‌nonviolent,‌‌or‌‌into‌‌any‌‌other‌‌sharply‌‌ drawn‌‌dichotomous‌‌categories,‌‌blinds‌‌us‌‌too‌‌often‌‌to‌‌the‌‌gradations‌‌that‌‌actually‌‌characterize‌‌ our‌‌collective‌‌life”‌‌(Sklansky,‌‌2021,‌‌p.‌‌5).‌ ‌ ‌ Introduction‌ ‌ The‌‌Massachusetts‌‌Department‌‌of‌‌Correction‌‌(DOC)‌‌has‌‌announced‌‌its‌‌intention‌‌to‌‌close‌‌ MCI-Framingham,‌‌the‌‌oldest‌‌functioning‌‌women’s‌‌prison‌‌in‌‌the‌‌country,‌‌by‌‌2024‌‌(Williams,‌‌ 2020).‌‌The‌‌primary‌‌state‌‌prison‌‌for‌‌women,‌‌MCI-Framingham‌‌currently‌‌houses‌‌fewer‌‌than‌‌200‌‌ women.‌2‌‌ ‌This‌‌number‌‌includes‌‌women‌‌awaiting‌‌trial‌‌as‌‌well‌‌as‌‌women‌‌sentenced‌‌on‌‌a‌‌wide‌‌ range‌‌of‌‌governing‌‌charges‌‌(Cannata‌‌et‌‌al.,‌‌2021).‌ ‌ To‌‌replace‌‌MCI-Framingham,‌‌Governor‌‌Baker’s‌‌administration‌‌plans‌‌to‌‌build‌‌a‌‌new‌‌women’s‌ prison‌‌or‌‌substantially‌‌renovate‌‌an‌‌unused‌‌men’s‌‌prison‌‌at‌‌an‌‌estimated‌‌cost‌‌of‌‌$50,000,000.‌ That‌‌sum‌‌is‌‌in‌‌addition‌‌to‌‌the‌‌operating‌‌cost‌‌of‌‌$162,000‌‌per‌‌woman‌‌per‌‌year‌‌(Cannata‌‌et‌‌al.,‌‌ 2021).‌‌ ‌ In‌‌response,‌‌coalitions‌‌of‌‌community‌‌organizations,‌‌academics,‌‌social‌‌workers,‌‌and‌‌attorneys‌‌ argue‌‌that‌‌the‌‌time‌‌has‌‌come‌‌to‌‌end‌‌the‌‌punitive‌‌policies‌‌that‌‌gave‌‌rise‌‌to‌‌mass‌‌incarceration;‌‌that‌‌ $50,000,000‌‌could‌‌be‌‌put‌‌to‌‌better‌‌use‌‌supporting‌‌housing,‌‌families,‌‌education,‌‌parks,‌‌local‌‌ businesses‌‌and‌‌services‌‌that‌‌build‌‌up‌‌people,‌‌not‌‌prisons‌‌(Building‌‌Up‌‌People‌‌Not‌‌Prisons,‌‌n.d.).‌‌ ‌ The‌‌population‌‌of‌‌women‌‌incarcerated‌‌for‌‌crimes‌‌labeled‌‌as‌‌violent‌‌has‌‌emerged‌‌as‌‌a‌‌sticking‌‌ point‌‌in‌‌efforts‌‌to‌‌balance‌‌concerns‌‌for‌‌public‌‌safety‌‌with‌‌the‌‌rights‌‌and‌‌well-being‌‌of‌‌women‌‌ and‌‌communities‌‌most‌‌impacted‌‌by‌‌pro-incarceration‌‌policies‌‌of‌‌the‌‌late‌‌20th‌‌and‌‌21st‌‌centuries.‌‌ ‌ To‌‌help‌‌ground‌‌these‌‌concerns‌‌in‌‌research,‌‌this‌‌briefing‌‌presents‌‌an‌‌overview‌‌of‌‌the‌‌scholarly‌‌ literature‌‌on‌‌women,‌‌violence,‌‌and‌‌crime.‌‌That‌‌literature‌‌is‌‌illustrated‌‌through‌‌the‌‌stories‌‌of‌‌real‌‌ women‌‌who‌‌have‌‌been‌‌incarcerated‌‌for‌‌crimes‌‌classified‌‌as‌‌violent‌‌in‌‌Massachusetts.‌ ‌ ‌ T ‌ his‌‌briefing‌‌was‌‌written‌‌by‌‌Rebecca‌‌Stone,‌‌Susan‌‌Sered,‌‌Amanda‌‌Wilhoit,‌‌and‌‌Cherry‌‌Russell‌‌together‌‌with‌‌ members‌‌of‌‌the‌W ‌ omen‌‌and‌‌Incarceration‌‌Project‌‌‌at‌‌Suffolk‌‌University.‌‌ …

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