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Criminal defendants released from Massachusetts jail because of lawyer work stoppage

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Criminal defendants released from Massachusetts jail because of lawyer work stoppage


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.

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Massachusetts

‘No way to leave’: Mass. families stuck in Middle East amid war in Iran

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‘No way to leave’: Mass. families stuck in Middle East amid war in Iran


Massachusetts families are stuck in the Middle East amid the war in Iran, and Democratic Sen. Ed Markey says the State Department needs to do more to get them home.

The Trump administration is telling Americans to leave the region, and families would love to, but they haven’t been able to get out.

Stacey Schuhwerk of Hingham has been sheltering in place in a Doha hotel since Saturday.

“We hear the missiles outside,” she said. “We can see them.”

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The Hingham mother and her son are among nearly 1,600 Americans trapped in the Middle East with no way to get home.

“Airspace is shut down. There’s no planes,” said Schuhwerk. “There’s no way to leave.”

Flights between Boston and the Middle East are canceled or delayed as travelers express anxiety over the conflict.

At first, U.S. officials told people to shelter in place and register with the State Department — something Schuhwerk did days ago.

“There’s no help there. The last time we called was 20 minutes ago, and they continue to say that ‘We don’t know anything about any plans for government help to get people out,’” she said.

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Embassies and consulates across the region — including the U.S. Embassy in Israel — have now suspended services, saying they simply can’t get Americans out.

“They did not have a plan to conduct this war, and they clearly did not have a plan as to how to evacuate innocent families,” Markey said.

The senator says his office is hearing from Massachusetts families, and he’s pressuring the Trump administration to come up with an evacuation plan fast.

“We are going to apply that pressure on the State Department until every American who wants to leave that region is out,” he said.

Back in Doha, Schuhwerk keeps watching the war outside her window.

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“The talk here is ‘How much defensive ammunition’s left?’ Good question, you know, because the missiles aren’t stopping,” she said. “So how long are we going to be safe here?”

With no clear end to this conflict, she’s worried she could be stuck there for weeks.



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Snow, ice, rain to impact roads in Massachusetts – Boston News, Weather, Sports | WHDH 7News

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Snow, ice, rain to impact roads in Massachusetts – Boston News, Weather, Sports | WHDH 7News


Happy Tuesday! While today started off dry, we’re already looking at snow out there across the area. While this event will primarily stay as rain on the Cape and islands, it will be an icy mix of snow, ice and rain for the rest of us.

The rain/snow line will continue to advance from the south to the north as the evening progresses. Before the changeover, there will be a quick coating to 2 inches for most of our area.

The threshold between the snow and rain will feature sleet and freezing rain, leading to that icing.

For the rest of the night, there will primarily be rain with continued pockets of freezing rain, leading to increasing spotty ice accretion. Be extremely careful on roads, especially since switching between rain and freezing rain can wash off any road salt.

The rain and freezing rain will exit by 6 a.m. Wednesday, but temperatures will still be close to freezing during the morning commute, so watch out for some spotty black ice.

The rest of Wednesday will be really nice! Highs will warm up to the mid 50s with the help of ample sun.

Thursday we start off in the mid 20s and top off in the mid 40s. We’ll be partly sunny with another chance for some wintry weather Thursday night. This primarily looks like some rain and freezing rain, rather than the triple threat with snow too. We’ll keep an eye on that for you.

That will continue into Friday morning. The rest of Friday: cloudy with a chance for a spot shower and highs cooler again in the upper 30s. Saturday will be dry, breezy and cloudy but gorgeous near 50 degrees! There’s a chance for some rain showers Saturday night. Don’t forget to set your clocks forward an hour before you to go bed!

Sunday we start the day mild in the 40s and make it all the way into the upper 50s with more sun. Monday and Tuesday both look bright and in the 60s! Stay tuned.

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Massachusetts man awaits word from family in Iran after attacks

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Massachusetts man awaits word from family in Iran after attacks




Massachusetts man awaits word from family in Iran after attacks – CBS Boston

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Poya Sohrabi hasn’t heard from his family since they took shelter from attacks in Tehran. WBZ-TV’s Mike Sullivan reports.

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