Boy's high bail concerns youth advocates

A Boston Juvenile Court judge's decision to set $250,000 bail for a 12-year-old boy with no prior record is practically unheard of and troubling, juvenile advocates said yesterday.

Judge Paul D. Lewis railed against urban youth violence Tuesday after he set cash bail for the South End boy, who Boston police said was found with a loaded gun on Monday.

''The role of the judge is to be an objective person and look at the facts of the case," said Lael Chester, executive director of Citizens for Juvenile Justice. ''Was he doing that, or, probably with a very big heart, thinking 'I need to send a message'? Is that fair?"

The boy, whose name has not been released because he is a juvenile, remained in custody yesterday at a Department of Youth Services pretrial detention center. On Monday, police responded to a loud bang at Harrison Avenue and Randolph Street in the South End and found a Smith & Wesson .38-caliber gun in a black bandanna the boy was carrying, authorities said. One round had been fired and another remained in the chamber, police said.

The boy, a special-needs student, was arraigned Tuesday on a juvenile firearms possession charge, which carries a maximum sentence of DYS supervision until age 18. His attorney said she will appeal the bail decision to Suffolk Superior Court.

''All I'm concerned about is trying to make people remember that this is about a 12-year-old and not a debate about society," said Mariann Samaha, the boy's attorney.

Lewis said yesterday that he has received many calls from city residents praising him for his decision and for his public comments criticizing parental apathy and accusing the young people who move through his court of not taking responsibility for their actions.

Bail is to ensure that a defendant shows up to court, not to make a point, Chester said. ''As an advocate, I would never say we shouldn't have [bail set]," Chester said, ''but you want to make sure it's done fairly, accurately, and justly."

Lewis declined to talk specifically about the case. But he said he considers several factors before he determines whether a juvenile poses a flight risk.

''I'm looking to find out what this kid is doing, his responsibility factor, whether he's keeping the rules of the school or the home," he said. ''If he isn't, then I have a right to set the bail accordingly. . . . If as a result of my deliberation on the bail standard I send a message, I have no problem with that. But I never use bail to 'send a message.' "

Lewis said he has set $250,000 bail in gun cases several times before and has even set no bail for juveniles accused of more serious offenses. But he said he could not recall if he had ever set such a high amount for a 12-year-old in his 23 years on the juvenile bench. Most juvenile proceedings, unlike adult cases, are closed to the public.

Lewis has a solid reputation as a judge and is not known for setting unreasonably high bail amounts, according to lawyers familiar with his decisions.

But some have been reduced in the past by higher courts. In 2002, Lewis set bail at $25,000 cash for a 14-year-old Boston boy who was arrested on gun possession charges when school police discovered he was carrying a loaded gun in a middle school, said the youth's lawyer, Kenneth King.

A Superior Court judge later lowered it to $500 cash, he said.

Public safety is another legitimate factor when considering bail, Lewis said. The decision ''is not done in a vacuum," he said. ''I'm committed to keeping the public in our community safe."

Advocates also criticized Lewis for his comments that youth violence is ''out of control."

''Juvenile crime is at an all-time low," Chester said. ''I think his comments sort of make people think we're in a crime wave."

Lewis said he based his observations on the cases involving drugs, gangs, and weapons that have come before him.

Maria Cramer can be reached at mcramer@globe.com.