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Tom Reilly’s latest screw up

The Attorney General doesn’t give a damn about justice
By EDITORIAL  |  September 7, 2006

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Tom Reilly
Attorney General Thomas Reilly, who wants to be elected governor, is a proven master at chasing — and capturing — headlines. He nosed his way into the Catholic Church’s sex-abuse scandal, the sale of the Red Sox, and the outrage that ensued when local radio slime-masters engaged in racially offensive banter. Never mind that Reilly’s office had no jurisdiction. That’s politics, Massachusetts-style: so much hot hair so much of the time.

Time, of course, wounds all heels. Reilly paid the piper in spades with his flip-flops on the death penalty and same-sex marriage. More painful still were the well-deserved black eyes he received for inappropriately meddling in a Worcester County drunk-driving investigation and ineptly naming the admirable but nevertheless income-tax delinquent state representative Marie St. Fleur as his running mate. But hey, at least the dailies spelled his name correctly.

Now comes a case that is a bit more difficult to get one’s mind around, but shows — in all its hollowness — how Reilly as a leader tackles a particularly difficult and philosophically challenging issue. If you are wondering what we’re talking about, don’t feel bad. Trying to follow a shell game is no easy matter. In this instance the shell game concerns the number of people wrongfully convicted of serious crimes.

Two-and-a-half years after he garnered headlines statewide by promising action in 90 days (oops), Attorney General Reilly and the Massachusetts District Attorneys Association (MDAA) last week proudly released their “Justice Initiative” report. Well, perhaps not proudly. They released it at 4:45 pm on the Friday of Labor Day weekend, without a press conference, press release, or comment. And they did not post the report on the MDAA or Attorney General’s office’s Web sites.

If they are ashamed of the report, they should be. It sheds no light on the causes of known wrongful convictions; concludes that the problems lie in the past, rejects almost every reform that has been suggested — including those of the New England Innocence Project, which was the only outside entity asked to provide input; and spends much of its meager 25 pages praising the state’s current prosecutorial offices.

Rather than pressing for change at local police stations, it tells them to adopt reforms only when “practical” — including those called for by the courts, like taping interrogations. Many of the scant calls for change are for pet AG projects that are almost wholly irrelevant to the issue of why people are wrongfully convicted, such as expansion of the Sexual Assault Nurse Examiner program and eliminating the statute of limitations for child molestation. Now those particular recommendations may have some merit, but coming as they do on the eve of a closely fought Democratic primary (in which Reilly trails), they smack of political opportunism that is base — even by the elastic standards that prevail on Beacon Hill.

If Reilly had kept to his own self-proclaimed 90-day timetable, his report would have been ready sometime in August of 2004. When he launched the initiative, he acted as though he knew what he wanted to do. The press release and accompanying materials suggested as much. Reilly made clear that he rejected out of hand all calls for an independent “innocence commission,” as well as mandatory tape-recording of police interrogations. And while that might have been a bad start, even cynics expected some sort of progress after the show Reilly staged.

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Comments
Tom Reilly’s latest screw up
The first order of business should be a commitment from attorney general wannabe Martha Coakley to reissue the resport with the causes of each false imprisonment clearly identified and proposed safeguards to prevent a recurrence of such miscarriages of justice in the future. Where there has been misconduct on the part of any public official, they should be clearly identified and appropriate disciplinary measures enacted, including lose of pension. Every wrong is a fraud upon the court. Until the prosecutors are prosecuted for their misconduct, nothing will change. Tom Reilly has failed to do his job and does not deserve to be rewarded for his cover up of public corruption. For Tom Reilly, this is business as usual. It remains for his successor to address the blatant corruption of the legal system in Massachusetts.
By Krogy on 09/06/2006 at 3:29:33
Tom Reilly’s latest screw up
I never spoke, exchanged emails or met Paul Pechonis. I never received any video, audio or other form or device from him or anyone else that the Commonwealth may consider unlawful to distribute. Furthermore, I never heard of Boehner or Bartnicki or reviewed any case law supportive or against the First Amendment, what little I know about “Free Speech,” comes directly from our Bill of Rights. The search of the Pechonis home “incident to arrest” exceeded the geographical scope as defined and outline by the Supreme Court. In the case of Chimel v. California, the Supreme Court held that a search incident to lawful arrest is limited to the arrestee and the area from which he might obtain either a weapon or destroy evidence. The appeal of the Federal preliminary injunction in video case by AG Reilly speaks volumes of who he actually takes action to protect. Please, don’t let the attempt to spin this into a First Amendment issue blind you. After all, how often have we observed suspects in compromising situations on police video? Why shouldn’t it work both ways. Furthermore, is it more important that on occasion police get “policed” when they are inadvertently caught on tape or would you rather the Gestapo show up at your home and illegally search it because you’re suspect in a misdemeanor? Let’s face it, the Baby Cam manufacturer isn’t to blame here, Paul Pechonis isn’t to blame, Mary Jean isn’t to blame and the Judge didn’t get it wrong. The Governor elect who proclaims himself “the people’s Governor”, should concern himself as much with the Fourth Amendment and the actions of the police in this matter as he does the First Amendment and trying to hide their conduct. It's better to tactfully retreat when your wrong then to push.
By concerned on 09/07/2006 at 6:55:44

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