Four criminal defendants were released from jail on Monday in Boston because they have not had an attorney for more than seven days, the result of a defense attorney shortage and ongoing work stoppage.
The four defendants ordered released include two facing drug distribution charges, a man accused of choking his partner, and a man accused of receiving stolen property.
“I got arrested and I had no legal aid,” said Daishaun Lawrence, the first defendant released. He said he was confident he would have been released sooner if he had proper representation. “I was really, really frustrated because I lost a lot,” including his job at Target, he said.
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Last week, the Supreme Judicial Court enacted what’s known as the Lavallee Protocol, which requires indigent criminal defendants to be released if they have not had an attorney for more than seven days. After 45 days, their cases can be dismissed without prejudice – meaning that charges could be refiled.
Why is there a work stoppage?
Why is this happening? Because of a work stoppage that started after Memorial Day by the majority of lawyers statewide who do court-appointed defense work.
Typically, full time public defenders cover about 20% of court appointed cases for indigent clients. The other 80% of cases are covered by bar advocates, who are private attorneys who take “duty days” to do court-appointed work outside of their typical private work.
These bar advocates have been on a grassroots work stoppage for roughly six weeks to protest low pay and a shortage of lawyers willing to do the work.
“This has clearly reached a critical stage. It’s reached an emergency stage,” said Elyse Hershon, a criminal defense attorney and bar advocate. “You know, we need to fix this in order to keep qualified lawyers in this industry in this practice, and then also to attract and recruit more.”
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The work stoppage has put pressure on public defenders, who are now the only lawyers covering these cases. “It’s really awful for everybody,” said Rebecca Jacobstein of CPCS, the state’s public defender organization. “Our staff attorneys – they are working so hard.”
CPCS lawyers have been prioritizing the most serious and potentially dangerous cases for representation, resulting in cases like drug charges and other infractions considered “less serious” for defendants to potentially be released.
In several hearings Monday, Justice Tracy-Lee Lyons of Boston Municipal Court expressed frustration at lawyers being unable to find representation for indigent clients. “You’re reporting to the court that not one private counsel will take this case?” she asked. “That’s correct,” a CPCS representative replied.
These Lavallee hearings will continue for the foreseeable future, so long as defendants remain underrepresented. Hearings start in Middlesex County on Wednesday.
CHELMSFORD, MASS. (WHDH) – A wrong-way driver crashed into another vehicle on I-495 in Chelmsford Tuesday night, shutting down the soundbound lanes in that area, according to Massachusetts State Police and The Massachusetts Department of Transportation (MassDOT).
State police said Troopers from the Concord Barracks responded to a two-car crash on I-495 at the Hunt Road overpass shortly before 10 p.m. They said preliminary information indicates the crash happened as a result of a wrong-way driver striking a vehicle traveling in the correct direction.
Chelmsford Fire and EMS responded to the scene, and the driver was taken to the hospital by MedFlight. State police said they suffered life-threatening injuries.
MassDOT said the highway southbound is currently closed at exit 88 due to the crash, and is expected to remain closed for several hours.
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Drivers are asked to seek alternate routes at this time.
This is a developing news story; stay with 7NEWS on-air and online for the latest details.
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Two people were seriously injured in a stabbing at the Cedar’s Mediterranean Foods manufacturing facility in Haverhill, Massachusetts, on Tuesday morning.
Haverhill police said they responded to the Cedar’s plan on Foundation Avenue around 10:30 a.m. for a report of a disturbance involving a weapon. When they arrived, they found two people suffering from apparent stab wounds.
Both people were provided with medical assistance on scene and taken to area hospitals with what police described as serious injuries. Their names have not been released, and no update on their conditions was immediately available.
Preliminary investigation determined that the two people knew each other, and police said there is no ongoing threat to the public. They said their investigation into the incident remains active.
Two Plymouth, Massachusetts teens were saved from the summit of Mount Washington after a leg injury stranded them.
Khang Nguyen,17, said he and his friend, 18-year-old Vaughn Webb, thought they were well prepared for their hike on Saturday. They brought trekking poles, layers, microspikes for their boots and more.
But halfway up the trail, Nguyen feared the worst when his leg began to hurt.
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“It was just incredibly painful to lift up my right leg,” he explained. “I told [Vaughn] to leave me behind so I could go on my own pace and for him to reach the summit to get help at first.”
The pair managed to reach the top of the mountain but had to seek shelter next to a building as wind gusts increased, and the air temperature reached 38 degrees. Nguyen said they also ran out of food and water. The New Hampshire Fish and Game Department received the 911 call around 7:30 p.m. and quickly alerted a State Park employee who began to search for the two teens.
“Conservation Officers then began responding in four-wheel-drive pickup trucks to try and get to the summit and back ahead of incoming snow,” the game department said in a statement.
After around 30 minutes of reaching both Webb and Nguyen were found. They were taken inside a building and Nguyen was being treated for his injury.
“The worker that was up there, [said] that they came in record time, and we appreciate their help a lot. It saved our lives potentially,” Nguyen explained.
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The pair was successfully taken off the mountain by 10 p.m. The two teens are now safely back in Massachusetts and are incredibly grateful to their rescuers.
