Marzilli resigns his seat in Senate

He was charged with accosting 4 women

ASSOCIATED PRESS/POOL/FILEJames Marzilli attended his Lowell arraignment in June. (ASSOCIATED PRESS/POOL/FILE)

State Senator James Marzilli abruptly resigned his Senate seat yesterday, four months after he was indicted on charges of accosting four women in downtown Lowell.

Marzilli, an Arlington Democrat, submitted a terse, one-sentence resignation letter to Senate President Therese Murray that said nothing about the motive for his sudden departure.

But the reason was clear: headlines yesterday that described how he represented the Massachusetts Senate last month at an energy conference in Germany, even as an indictment on sexual assault charges was pending against him.

"I hereby offer my resignation, effective at 5 p.m. on Friday, Nov. 14," he wrote in the letter to Murray, who on Thursday had called Marzilli's foreign travel "outrageous."

It was the first time since 1977 that a state senator has resigned as a result of criminal investigation. That year, Ronald MacKenzie, a Republican senator from Burlington, gave up his seat because of a bribery scandal that rocked the Senate.

This year there may even be two. The Senate has taken a vote calling on state Senator Dianne Wilkerson to resign after her arrest Oct. 28 on federal bribery charges, but she has resisted the demand, promising to resign but giving no date.

After the episode in June, when Marzilli was accused of following women in downtown Lowell and muttering obscenities, Marzilli announced that he would not seek reelection. He has not been participating in Senate votes, but retained his seat and appeared to be intent on serving out his term.

By resigning before the January expiration of his term, he will lose what would have been an extra year's credit toward his pension. He also loses his biweekly, $2,528 Senate paycheck.

Marzilli, 50, did not respond to requests for comment. "It was a personal decision he made," said his lawyer, Terrence Kennedy. "It was not based on any legal advice that he got.

"I don't know why, but I would surmise it had to do with the media barrage over what I consider a fairly minor incident," Kennedy said, referring to the Germany excursion.

The lawyer added that he hopes Marzilli's legal problems "don't overshadow the 19 years of dedicated work he did in the Legislature on behalf of the citizens of the Commonwealth and his constituents."

In a written statement yesterday, Murray said Marzilli did the right thing and repeated her demand that Wilkerson resign.

"In deference to the need for public trust on matters before this great institution, Jim Marzilli has made the right decision for the Massachusetts Senate, the citizens of the Commonwealth, and himself," she wrote. "While the Senate deals with the conduct of another member, Jim Marzilli's resignation will begin the process of restoring the public's trust in their government. As we have stated previously in our strongest voice, Dianne Wilkerson should follow this example and resign immediately."

Marzilli's resignation was met with relief by colleagues, who felt that with two of the state's 40 senators facing serious criminal charges, the Senate's public image was suffering.

"The whole situation has been disappointing," said Senator Steven A. Baddour, a Methuen Democrat. "I think he did the right thing by stepping down. Clearly him staying on was eroding the public trust, not only in the Senate but in government. Hopefully this begins a process of bringing some credibility back to the institution."

Senate minority leader Richard R. Tisei described the current turmoil on Beacon Hill as unprecedented.

"People who have been around the State House for a very long time can't really remember a situation where you've had one senator, let alone two, in the predicaments that they are," said the Wakefield Republican.

"The Senate as a whole has been very uncomfortable about it. People will breathe at least a half sigh of relief that he has resigned. Hopefully we can close the door on both of these situations and move on."

In July, Marzilli pleaded not guilty to several charges, including attempting to touch a woman, disorderly conduct, resisting arrest, and annoying and accosting a person of the opposite sex. Within days, he checked into McLean Hospital in Belmont, where he was diagnosed with bipolar disorder.

He is scheduled to go to trial in the spring, said Corey Welford, spokesman for Middlesex District Attorney Gerard T. Leone Jr. Welford said Marzilli's decision to quit will have no bearing on his criminal case.

"This came as news to us and will have absolutely no impact on our pending criminal case against him," said Welford.

The Republican Party has been calling on Marzilli to resign for months and set up a website counting the tax dollars supporting his salary and benefits.

Marzilli's resignation marks the end of a long legislative career during which the Arlington Democrat earned the respect of his colleagues and many interest groups for his work on complex policy issues. A maverick, he often came into conflict with the Democratic leadership.

He had become one of the legislative specialists on energy and global warming issues and frequently spoke at national and international symposia. As House vice chairman of the committee on healthcare, he was among the leaders in debates over health financing issues.

Kennedy said he doesn't know what Marzilli's plans are, but said he "hopes he continues to treat his mental illness that led to this unfortunate day and can move on with his life at some point."