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Massachusetts judge, county prosecutor cleared in affair investigation

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Massachusetts judge, county prosecutor cleared in affair investigation


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In Brief:
  • Investigation led by former Judge Ernest Sarason.
  • No romantic or sexual relationship found between Darnbrough and ADA.
  • Judge Darnbrough reassigned and resigned citing health issues.
  • Ongoing criminal probe into anonymous harassment letters.

BOSTON – There was no “inappropriate relationship” between former New Bedford District Court First Justice Douglas J. Darnbrough and a Bristol County prosecutor, according to the findings of an investigation that began last May.

Former Judge Ernest Sarason was appointed as a “special master” last May to investigate the nature and extent of the relationship between Darnbrough and the assistant district attorney.

The affair had been alleged via anonymous letters to attorneys involved with the court, as well as the director of the Committee for Public Counsel Services Criminal Trial Support Unit, the executive director of Bristol County Bar Advocates, the Bristol County District Attorney’s Office, and Mass. Trial Court’s chief justice of the District Court.

The allegations are the basis of an appeal of the conviction of Gerson Pascual-Santana in 2023 in New Bedford District Court where the ADA in question, who has not been named by The Standard-Times, prosecuted and Darnbrough presided.

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Pascual-Santana was found guilty on three counts of indecent assault and battery on a child under 14 following a jury trial in March 2023, and was sentenced to 2.5 years on the first count, one year on the second to be served after the first sentence and eight years of probation on the third.

In September 2023, Pascual-Santana’s trial attorney was among those who received an anonymous note alleging the sexual relationship.

Sarason’s investigation results were issued April 9, the morning of a status hearing in the matter before Supreme Judicial Court Associate Justice Serge Georges Jr.

There was no romantic, emotional or sexual relationship

Sarason’s report states, “Judge Darnbrough and ADA … did not  engage in a romantic, emotional, sexual, or otherwise inappropriate relationship.”

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As to other allegations in the notes, he found:

  • There was nothing improper about the ADA being present in Judge Darnbrough’s lobby, including the timing, length, and frequency. The door was always open.
  • Judge Darnbrough did not intentionally assign himself to court sessions in which the ADA was prosecuting cases.
  • Judge Darnbrough and the ADA did not coordinate or otherwise communicate about cases that had yet to be tried.
  • Judge Darnbrough did not exhibit bias or favoritism toward the ADA.

Sarason stated, “In response to my production order, Judge Darnbrough provided numerous criminal dockets and filings from hearings that, ostensibly, show that he has ruled against” the ADA in a number of cases.

Sarason said his investigation included a five-day evidentiary hearing in which he heard testimony from 21 witnesses and admitted 70 exhibits in evidence. He then accepted post-hearing briefs and proposed findings of fact from attorneys representing the Bristol County District Attorney’s Office, Darnbrough, and the prosecutor.

Darnbrough had shown poor judgment

Sarason stated that a Massachusetts Trial Court investigation into the notes and allegations found that Darnbrough had shown poor judgment regarding his relationship with the prosecutor because it created the appearance of impropriety.

Massachusetts Trial Court’s Chief Justice of the District Court Stacey Fortes also received one of the anonymous letters in September 2023, and ordered the investigation.

Fortes stated after those findings were presented that “it was more likely than not that Judge Darnbrough engaged in unprofessional conduct that allowed for the perception of impropriety, thus undermining his ability to remain as presiding justice” in the New Bedford District Court.

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Sarason’s report states, “Many witnesses testified generally about rumors that Judge Darnbrough and ADA … were in a romantic and/or sexual relationship. The rumors were widespread and talked about throughout the courthouse.”

Effective Oct. 3, 2023, Judge Darnbrough was removed as First Justice and reassigned to the Plymouth District Court, according to Sarason’s report.

Judge Darnbrough later submitted a letter of resignation effective on Nov. 10, 2023. In an amended letter of resignation, he changed the effective date to Dec. 30, 2023. Sarason’s report stated that both letters identified ongoing health issues as the reason for his resignation, which was consistent with his testimony and his Employee Exit Transaction Form signed on Jan. 8, 2024.

Anonymous notes sent out for years

Sarason’s report also states that the prosecutor “among others” had for many years received anonymous letters, and all appeared to have been written by the same person. The letters took aim at the prosecutor’s romantic relationships, and some included the allegations about the affair with Judge Darnbrough.

A motion for further discovery into Darnbrough and the prosecutor’s cell phones by Pascual-Santana’s attorney, James P. McKenna, was denied by Georges during the April 9 status hearing.

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Georges said the issue had been raised in the Sarason hearing. He also noted the investigative report finding no evidence of an inappropriate relationship. He said the inference that there had been such a relationship had been the whole point of the proceedings.

Bristol County Assistant District Attorney Jennifer Sowa said their respective cell phone use had been addressed with multiple witnesses in the Sarason hearing.

Sarason’s report states the anonymous letters alleged that Judge Darnbrough and the prosecutor communicated with one another using text messages on their phones.

Sowa said Pascual-Santana had received a fair trial, and that Sarason’s findings were clear that there was no inappropriate relationship.

Georges took under advisement a motion by attorney Michelle Peirce, who represented the prosecutor, to destroy the anonymous letters.

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Pierce said they were disgusting and demonstrably false.

Ongoing criminal investigation into anonymous notes

Sowa said they couldn’t be destroyed because there’s an ongoing criminal investigation into the matter.

The DA’s Office has said the ADA was the victim of harassment by the note-writer, who had a “personal animus against” her.

The letters were meant to harass and/or humiliate the prosecutor, she said. Sowa said they would make redaction suggestions and seek not to have the letters publicized.

Pierce said one of the witnesses at the Sarason hearing had taken the Fifth Amendment to protect against self-incrimination when asked if they had been the author of the letters.

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Sarason’s report states he found the testimony of that witness not to be credible but there was insufficient evidence to conclusively find that this person had been the author of the notes.

Georges gave the attorneys 60 days to provide redaction recommendations on the letters.

Will continue to pursue new trial

McKenna said after the hearing that he would continue to pursue a new trial for Pascual-Santana.

A motion for a new trial had previously been denied by Cambridge District Court First Justice David E. Frank in February 2024.

Frank stated, “Despite his argument to the contrary, the factual foundation for the defendant’s claims rest almost exclusively on the anonymous, unsigned, and unsworn notes attached in his filings.”

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The case has been viewed as potentially serving as a precedent in any of the other cases involving Darnbrough and the ADA.

The Committee for Public Counsel Services “preliminarily identified approximately 3,700 docket numbers with which both the prosecutor and the judge at issue were involved,” according to a motion with the court to become part of a prior SJC hearing.

Neither Darnbrough nor the prosecutor were present at the hearing.

 


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How to cut energy bills? Massachusetts Senate, House disagree

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How to cut energy bills? Massachusetts Senate, House disagree


Reducing Massachusetts residents’ electric and gas bills has been a top priority on Beacon Hill this session. But as pressure mounts to lower energy costs, the House and Senate are eyeing different targets for cuts.

In March, the House passed an energy affordability bill that would cut about $1 billion from Mass Save, the statewide energy efficiency program that subsidizes home upgrades such as heat pumps and insulation. The program is funded by surcharges on utility bills, which all ratepayers pay, regardless of whether they opt into the upgrades.

Sen. Michael Barrett, D-Lexington — who chairs the Telecommunications, Utilities and Energy Committee — is looking for savings elsewhere as he crafts the Senate’s energy affordability bill. He said he hopes the Senate’s legislation can save ratepayers more than the House’s bill while preserving the state’s energy efficiency strategy.

“You don’t throw the strategy out when you need to help people with their bills. You get smart,” Barrett said. “You keep your mid- and long-term strategy intact, and you find a way to still provide people with shorter-term savings.”

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To do this, Barrett proposes phasing out the Gas System Enhancement Plan, or GSEP.

GSEP was created as part of the 2014 Gas Leaks Act. The program encourages utilities to replace leak-prone natural gas pipelines by allowing them to recover replacement costs more quickly.

Gas customers pay for GSEP as part of their monthly bill. The charge is a line item in the Maintenance and Infrastructure Investment section of the delivery charges.

Barrett’s proposal

According to Barrett, GSEP seemed justifiable in 2014 because gas leaks were upsetting residents. But now, he said, the program has gone too far.

“Now, GSEP’s program spending outranks regular utility maintenance,” Barrett said. “Essentially, we created a special case, but made it too tempting for the gas utilities.”

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At this point in the GSEP program, utilities are focusing on lower-priority pipeline projects, Barrett said. Sunsetting GSEP would not mean that utility companies can’t complete these projects, but rather that they would do so under the state’s original cost-recovery scheme. The utilities would make less profit, but customers would save money.

To help inform the Senate’s legislation, Dorie Seavey, senior research scientist with The Future of Heat Initiative, presented GSEP data to Barrett and several of his colleagues. Seavey also shared the data with The Light.

In 2026, GSEP’s planned cost is $817 million, according to Seavey, up from $292 million in 2015.

Seavey’s data shows that since 2014, GSEP pipe replacements have cost $6.2 billion. She added that if spending continues at the pace utilities proposed to the state in 2022, the total cost would reach $42 billion by the time the final pipeline is replaced sometime in the next decade.

As GSEP spending increases, the program’s cost-effectiveness has decreased, Seavey found. In 2015, utilities spent $1.3 million to replace one mile of gas main. The estimate for 2026 has ballooned to $3.7 million per mile.

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Meanwhile, customers are using less gas, even as their bills continue to rise, Seavey said.

Seavey said she supports Barrett’s proposal to discontinue the program altogether.

“The GSEP statute effectively created an open-ended capital program in the Commonwealth with limited economic discipline,” she said. “Billions of dollars of infrastructure spending are quietly shaping what people in Massachusetts pay to heat their homes.”

Barrett said it’s up to the entire Senate to decide whether to include any cuts to Mass Save in its final bill. He declined to predict a timeline for the legislation.

Local lawmakers weigh in

All five New Bedford representatives voted in favor of cutting the Mass Save budget. Still, Rep. Mark Sylvia, D-Fairhaven, and Rep. Christopher Hendricks, D-New Bedford, said they are not opposed to reforming GSEP.

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“We still have to replace gas infrastructure, but let’s make sure that it’s not on the backs of ratepayers,” Sylvia said. “To the extent that we can do that with some reform of GSEP, I am supportive of that.”

He added that the solution to rising energy costs likely lies “somewhere in the middle” of the two proposals and that the Mass Save cut is important regardless of what happens to GSEP.

House members said the Mass Save cut targets its administrative and marketing budgets and won’t affect energy programs. Mass Save would still be the second-largest such program in the country, they said.

Hendricks said he has been critical of GSEP “since day one” of the energy affordability talks.

“I think perhaps the House could have done something with GSEP,” he said. “I’m glad the Senate’s looking at it. Whether phasing it out completely, or drastically adjusting it — that’s obviously where rubber will meet the road.”

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Rep. Christopher Markey, D-Dartmouth, told The Light he’s opposed to eliminating GSEP. Rep. Steven Ouellette, D-Westport, said the Senate would have to propose an “alternative plan” to address gas leaks. Ouellette noted that in the past three years, he’s identified five gas leaks in his neighborhood without actively searching.

In a written statement, Rep. Antonio F.D. Cabral told The Light that it is premature to comment on the Senate’s bill.

In a statement to The Light, Sen. Mark Montigny, D-New Bedford, indicated he hopes to see cuts to both programs.

“Mass Save began as a straightforward energy efficiency program focused on reducing our energy consumption and protecting our environment, but it has morphed into a multi-billion-dollar inefficient and unaffordable program,” Montigny said. “GSEP is now just another subsidy for the utility industry, with costs ballooning at an exponential rate. It’s not acceptable and needs to be reformed back to its original intent or scrapped entirely.”

Eversource defends GSEP

William Hinkle, a spokesperson for Eversource, acknowledged that the cost of replacing gas pipelines has increased over the span of the program. But he said there’s a good reason. The cost of materials and equipment has risen, and paving requirements are “more stringent” today than when the program began, he said.

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Eversource provides gas and electricity to New Bedford customers. The city is one of Eversource’s NSTAR territories. According to Olessa Stepanova, Eversource’s external communications manager, GSEP costs equate to 5% of an NSTAR gas bill for typical residential heating customers.

Stepanova and Hinkle contested Seavey’s claim that gas usage is declining across the state. They said that this past winter, Eversource Gas Company of Massachusetts and NSTAR recorded their highest volume of gas delivered to customers during any winter in the last decade.

Hinkle said cuts to Mass Save would save more people money because gas and electric customers pay the Mass Save surcharge, whereas only gas customers pay for GSEP. However, Hinkle said Eversource is not advocating for cuts to Mass Save.

The current 2025-27 Mass Save plan budget is about $4.5 billion, following the Department of Public Utilities’ $500 million reduction in February 2025. The 2022-24 Mass Save budget was around $4 billion, still enough for a “nation-leading program,” Hinkle said.

Hinkle said any policy that would cut GSEP is “shortsighted” because the program is an essential safety measure.

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He added that gas leaks are an environmental hazard and GSEP is one of the “most impactful” programs addressing carbon emissions. Since 2014, Eversource has removed around 44,930 metric tons of carbon dioxide per year through GSEP, equivalent to removing more than 10,400 cars from the road, he said.

“The energy transition that’s underway in Massachusetts is not happening overnight,” he said. “We cannot compromise the safety and reliability of that (gas) system as long as our customers rely on it.”

Barrett argued that maintaining the program isn’t necessary to ensure safety.

“Safety has always been responsibility No. 1 for the gas utilities by virtue of state law. It’s not as if, if you lighten up on the loophole, you prevent the gas utilities from fulfilling their safety mandate,” Barrett said. “(We can) insist the utilities keep us safe without handing them the keys to everybody’s wallet.”

Advocates favor GSEP cuts

Environmental advocates have long spoken out against Mass Save cuts.

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Vick Mohanka, director of Sierra Club Massachusetts, said Mass Save is “one of the biggest programs in the state to help with climate change and pollution.”

He argued that in the short term, the cut wouldn’t meaningfully reduce customers’ bills.

In the long term, the increased demand on the energy grid would lead to rising supply and distribution costs, Mohanka said. According to the Department of Public Utilities, Mass Save has saved ratepayers $16 billion in electric and gas supply and infrastructure costs in less than nine years.

Katharine Lange, Conservation Law Foundation’s government relations manager, echoed Mohanka, saying a $1 billion cut to the program would be “disastrous.”

Mass Save has previously been criticized for disproportionately benefiting high-income homeowners.

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According to a 2025 report from State Auditor Diana DiZoglio’s office, residents in Gateway Cities such as New Bedford pay 24% more per person to Mass Save than residents in non-Gateway Cities, but get little to no return on that investment.

Nearly 60% of New Bedford residents are renters who can receive benefits, such as guides to assess their energy use and rebates for energy-saving products. Homeowners are entitled to more benefits, such as windows, heating and air-conditioning systems.

Mass Save operates on a three-year planning cycle. Lange and Mohanka said the 2025-27 plan is the first to expand equitable access, including more benefits for renters. To cut the budget just as the program is beginning to address those disparities would be a “slap in the face,” Lange said.

Both advocates said eliminating GSEP is the better option for delivering savings. The Sierra Club supported the program at its outset out of concern for the environmental impact of gas leaks. Now, the environmental group is focused on decommissioning the gas system in favor of clean energy sources.

“We’ve seen extremely large public health impacts from gas appliances, including water heaters, furnaces, stoves and ovens,” Mohanka said. “I would love to see more thought put into the air that people are breathing inside of their homes, rather than purely just a cost analysis.”

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Americans struggle to pay utility bills

Massachusetts is not the only state facing rising utility prices. Since 2021, electric rates have increased by nearly 40% nationwide. Nearly 80 million Americans are struggling to pay their utility bills, and 13.5 million customers had their utilities shut off in 2024, according to PowerLines.

More than 68% of Americans reported their electric or gas bill had increased since last year, according to a PowerLine poll released this week. Over 77% of respondents said they are concerned that their bills will continue to rise. In the Northeast, those numbers rise to 77% and 83%, respectively.

The poll also found that, nationwide, only one in six ratepayers think their utility company puts consumer interests above the company’s interests.



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Massachusetts housing market is even competitive for burned down homes

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Massachusetts housing market is even competitive for burned down homes


Massachusetts’ housing market is becoming so competitive, even homes destroyed by fire are attracting strong interest from buyers.

In Dorchester, a burned and condemned multi-family property recently sold in days.

Damaged homes in Massachusetts still have a competitive market. (NECN)

That Dorchester home, which had significant fire damage, sold for $776,000.

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The home has been boarded up and empty for over a year and a half.

The listing agent says groups of people were quote “waiting in the wings” to see what would happen with it.

In a tight housing market like Boston’s, these types of properties offer rare opportunities for investors that are eager to take on major renovation projects.

It showcases a broader trend where even severely damaged homes can attract serious interest in the greater Boston housing market.

For developers, the limited land, strong demand, and potential to build equity are all very appealing.

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The properties show even after a disaster, there’s still demand in the market.



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Video shows lightning strike near Massachusetts family:

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Video shows lightning strike near Massachusetts family:


A Southboro, Massachusetts family came within feet of being struck by lightning on Tuesday, and the entire incident was caught on camera.

Brad Robillard had just got home with his son and daughter. “It sounded like a bomb was going off,” Robillard said. 

As he went to get his daughter out of the back seat of his pickup truck, an explosion happened right behind him.

“I had literally just told my son that the chances of getting struck by lightning are pretty slim,” said Robillard. “It was the hair raising on the back of your neck, then immediately right after, it went off.”

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Robillard knew there was thunder and lightning in the area. He counted to “10 Mississippi” before getting out of the car. It’s common teaching to determine how close lightning is. You start the count after you hear thunder and then divide by 5. It gives a rough estimate of how many miles the last lightning strike was.

“I had counted to 10 before we got out of the car and I’m like yeah, it’s OK. I never thought it would be on top of us on the next one,” said Robillard.

Lightning struck near a family getting out of a pickup truck in Southboro, Massachusetts. 

CBS Boston

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In the video you can see an explosion happening right behind him, but he doesn’t believe that is the lightning strike. There is a tree in his backyard with a line of bark shaved off the side. He thinks the lightning struck the tree, ran into a metal fence in their backyard, and then climbed their home and exited from a soffit at the roof. There are burn marks at the soffit and scorch marks on parts of the fence.

“The path of least resistance, then that big explosion behind me,” said Robillard.

The surveillance footage of the incident made quick rounds on the internet, but Robillard is still trying to wrap his head around what happened.

“At the time it’s like, ‘Wow what is going on?’ Then we ran inside and the adrenaline wears off, that’s what you start thinking about,” said Robillard.

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