It's time for Marzilli to resign
FROM THE jail cell where he was held after his arrest on charges that he accosted four women, state Senator James J. Marzilli Jr. asked his lawyer if he should resign.
Like any smart politician, Marzilli instinctively knew the right question. By now, he must also know the right answer: Yes.
His legal case is still playing out. But his political fate is sealed. It's over for Marzilli, who already announced that he would not seek reelection.
The Arlington Democrat pleaded not guilty to charges of annoying and accosting a person of the opposite sex, attempting to commit indecent assault and battery, disorderly conduct and resisting arrest. The charges stem from a string of encounters that took place in Lowell on June 3, when Marzilli allegedly made inappropriate sexual comments to four women, and, according to police, tried to grope one.
After his arrest, Marzilli entered McLean Hospital, a psychiatric facility in Belmont. His lawyer, Terrence W. Kennedy of Everett, said his client was diagnosed with bipolar disorder, a mental condition that can cause extreme mood swings. While that may help explain his behavior, Kennedy said: "I did not send him to McLean's to set up a defense. I am not using it as a defense, period."
He is fighting the accusations on other grounds. Kennedy said there is no evidence Marzilli touched anyone. He said he has been told that the woman who initially accused Marzilli of groping her did not support the allegation during grand jury testimony. He also has a security video that shows the woman talking to Marzilli twice after their initial encounter, and each time walking away with a smile.
He also plans to challenge the constitutionality of the charges of annoying and accosting a person of the opposite sex, on the grounds that they would not apply to people of the same sex caught in the same circumstance.
In the end, argues Kennedy, "the best case" against Marzilli may boil down to "he talked to women."
But that is a lawyer talking technicalities, not a politician facing the consequences of bizarre behavior on the streets of Lowell.
Marzilli is entitled to a presumption of innocence and a vigorous defense, which Kennedy is providing. His job is another matter.
He hasn't been to Beacon Hill since his arrest and told voters that he will not return. His staff is running his Senate office and responding to constituents.
If Marzilli isn't running for reelection, voting, or formulating policy, how does he justify staying in office? He can't.
Meanwhile, he has been Eliot Spitzer-ized - turned into a crude joke, just like the former governor of New York after he was linked to a prostitution ring. While the scale of their alleged offense is not comparable, the verdict in the court of public opinion is similarly harsh.
This is sad for Marzilli's supporters, friends, and family. But sympathy for them doesn't change the political picture for Marzilli.
His position as a sitting state senator may help his defense, but that is a personal concern, not a public concern.
He obviously needs medical help and should have sought it, especially after an incident that took place prior to his Lowell arrest. In April, an Arlington woman said he touched her inappropriately. Citing factual and legal inadequacies, prosecutors decided not to charge Marzilli.
Kennedy recalls giving Marzilli the good news that he would not be prosecuted as the legislator sat across from him in a black leather armchair in his Everett law office. "I was giving him his life and career back," said Kennedy. "He was relieved."
A week later, Marzilli was approaching women in Lowell. When police were called, he resisted arrest and gave a false name, saying he was Martin Walsh of Medford. He also told police "his life was over and that we were destroying him."
His political career is over, the result of his own destructive behavior. Ceding the title - and salary - of state senator is now a necessary formality.
From there, he can fight back in court, seek appropriate medical treatment and figure out life after elective office.
Joan Vennochi can be reached at vennochi@globe.com.
