Speaker denies key redistricting role

Taking the stand in a case that accuses him and other House leaders of sidelining minority voters to protect State House incumbents, Finneran told a three-judge panel that he recommends lawmakers for key committee assignments, that House members have no reason to fear retribution for speaking out against pet bills, and that he does not know his district is called the 12th Suffolk.

"I don't do districts by number," Finneran told plaintiff's lawyer Richard Belin. "If you tell me it's the 12th, I'll accept your statement." The statement ran counter to the reputation of Finneran, who is known on Beacon Hill as a skillful micromanager who controls the fate of even prosaic House matters, deciding which legislation makes the floor for a vote, which lawmakers get plum office assignments, and which are sent off to the margins.One statement appeared to contradict the speaker himself. On www.tomfinneran.com, his recently unveiled "online office," Finneran's signature appears below an open letter that begins, "Dear Friends, It is an honor and a privilege to serve as your elected State Representative from the 12th Suffolk District." Finneran's testimony yesterday expanded on themes in a deposition of the speaker earlier this year, when he said he could not recall which neighborhoods he lost and gained in redistricting or what their demographic makeup was.

On the stand, Finneran repeatedly stated that his role, especially with regard to redistricting, was minimal, saying that he spoke only to the redistricting committee chairman, Representative Thomas M. Petrolati, from "time to time" and that he never discussed his own district, just those of other lawmakers.

When told by opposing counsel that Petrolati had testified earlier this week that he spoke with every House lawmaker with regard to their districts, Finneran repeated his assertion, saying, "I am very, very cautious about my role as speaker of the House."

Finneran testified that he did not know whether the lawyer appointed to consult on redistricting, high school friend Lawrence DiCara, helped "draw the lines" of the new district map.

But he did say that he insisted that DiCara make a "good-faith effort" to increase minority opportunities to increase their representation in the House.

After a series of statements in which Finneran said he merely has the power to recommend committee assignments and House staff hiring, including Petrolati, Judge Bruce Selya interrupted and said, "In the years since you've been speaker, has your recommendation ever been overruled?"

"Not specifically overruled, no, your honor," Finneran answered.

"It's fair to say that when you recommend these committee chairmen, these recommendations have been uniformly ratified" by the House Democratic Caucus? Selya asked.

"That's correct," Finneran replied.

Testifying for about 80 minutes in two sessions yesterday, Finneran, a lawyer with his own practice, seemed calm and collected in a crisp navy blue suit and red tie. He repeatedly said he could not recall whether certain conversations took place or incidents occurred.

At one point, Belin handed Finneran a 2001 Globe story about the redistricting plan and Finneran said he had no recollection of the piece, which described House leaders as being proud of the redistricting plan.

"I don't always get to read the newspapers, but I try," Finneran said.

Selya again questioned Finneran's assertion. "It strikes me as unusual" that a House speaker would not read news accounts of major issues before the Legislature, the judge said.

Finneran replied, "Sometimes, it's physically impossible."

Observers in the South Boston courtroom, most of whom are affiliated with the voters' rights groups in Boston and Chelsea that filed the lawsuit, said they found some of Finneran's testimony difficult to believe. "I think he was very disingenuous when characterizing the heavy hand that he has in the running of the House," said Eric Weltman, 36, a longtime liberal activist who ran an "Overthrow Finneran" campaign earlier this year.

Rose Arruda, 38, a Roxbury resident and community organizer for Boston VOTE, said: "He was very noncommittal. It's hard for me to believe such a seasoned politician has such little recollection of such pivotal moments over the last few years."

Yesterday was the third, and probably final, day of testimony in the trial, which began Monday. Lawyers are scheduled to deliver their closing arguments Dec. 12. But the end of the trial could be delayed if the judges decide that Finneran and Petrolati are not entitled to "legislative privilege," which shields legislators from disclosing discussions or paperwork involved in law making.

On the stand, Finneran defended the final House redistricting plan, which resulted in the loss of one minority-dominated district in Boston, even after the city's black, Hispanic, Asian, and Native American population had for the first time become collectively larger than that of whites. Finneran's district shed several minority neighborhoods, dropping from 74.1 percent minorities of voting age to 60.6 percent.

Globe correspondent Brendan McCarthy contributed to this report.