Cape & Islands District Attorney Michael O’Keefe
BARNSTABLE – The Massachusetts Supreme Judicial Court will hear arguments on Tuesday morning on a petition from the Committee for Public Counsel Services (CPCS) and the Massachusetts Association of Criminal Defense Lawyers (MACDL) to release from custody thousands of inmates as a response to the threat of COVID-19 infection in penal institutions.
The Cape and Islands District Attorney’s office said that the petition includes releasing people who are being held on bail and those convicted of crimes including rape and murder.
In a statement, the DA’s office said that the issue has a more sweeping and fundamental implication for public safety than any hearing in the court’s history.
“While social distancing rules and guidelines make attending the hearing in person impossible, Massachusetts District Attorneys are urging the SJC to assure an open and transparent process by having the proceedings live-streamed to the media and the public through video or at least audio,” said the statement.
Cape and Islands DA Michael O’Keefe is one of several of the Commonwealth’s district attorneys who have filed a brief opposing the emergency petition.
Other DA’s opposing the petition are Eastern (Essex) District Attorney Jonathan Blodgett, Plymouth District Attorney Timothy Cruz, Worcester District Attorney Joseph Early, Jr., Hampden District Attorney Anthony D. Gulluni, Norfolk District Attorney Michael Morrissey and Bristol District Attorney Thomas M. Quinn.
In their brief, the district attorneys state that in the view of the rights and interests of crime victims, the crisis is not cause to abandon government’s most basic function of safeguarding its citizens.
They said that they prefer that inmates be considered for release on a case-by-case basis in hearings before judges, who make individual decisions considering the totality of the circumstances.
O’Keefe called on the Supreme Judicial Court to “reject this reckless approach and leave police, prosecutors, defense attorneys and judges who have exercised common sense and judgement during this crisis to do their jobs.”
Former Yarmouth Deputy Police Chief Steven Xiarhos, who is running for state representative for the 5th Barnstable District, said that he opposes the widespread release of inmates and detainees.
“I am proud to stand with the majority of our state’s sheriffs and district attorneys in opposition to a proposal being heard by the Supreme Judicial Court which would permit the widespread release of certain inmates and detainees during the COVID-19 outbreak,” said Xiarhos.
“Concerns for public safety and public health shouldn’t be mutually-exclusive. There are lots of ways people can help fight COVID-19. Respect social distancing guidelines. Stay home if you can. Wash your hands frequently. Check on neighbors and the elderly. Patronize small businesses and local restaurants. Support needy veterans. Help students adjusting to at-home learning. Donate blood. But, whatever you do, don’t release dangerous criminals back on our streets.”
The hearing is scheduled to take place at 10 a.m.
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