Politics trumps law

THE OUTING of Deval Patrick's brother-in-law as a convicted sex offender is more than dirty politics. It also demonstrates outrageous contempt for the law, compliments of the Romney-Healey administration.

Last week, the Boston Herald reported that Bernard Sigh, Patrick's brother-in-law, was convicted in 1993 of raping his wife, Rhonda. Kelly Nantel, a spokesperson for the state Executive Office of Public Safety, confirmed to the Herald that the state Sex Offender Registry Board notified Sigh that he is required to register.

Robert Ullmann, the lawyer representing Sigh, said yesterday: ``Mr. Sigh has grounds to contest being registered and the right to do so in a way that protects his family's privacy. That's the law and it's also human decency."

Sigh responded to the board's notification letter and is complying with what is supposed to be a private process under state law.

We may never know the source of the anonymous letter that informed recipients about Patrick's brother-in-law. Kerry Healey, the lieutenant governor and GOP gubernatorial nominee, denies she or her campaign were involved, although a recent Healey statement was Clintonian in its parsing. ``We had absolutely nothing to do with the Herald's description of this information," she said.

But we do know this: How the Romney-Healey administration handled the information is Nixonian in the way it let politics trump law.

Under Massachusetts law, the letter Sigh received is the first step in a confidential process that includes a hearing. That is followed by classification as a Level 1, 2, or 3 sex offender. A high-risk offender gets a Level 3 status; a person at low risk of committing a sex crime would be a Level 1. The law governing release of sex offender registration information states that the public has a right to information ``only if the offender is a sex offender who has been finally classified by the board as a level 2 or level 3 sex offender."

``It would be illegal for the board to disseminate information to the public about someone who has not yet been finally classified as a Level 2 or 3 offender. It violates the statute and the board's own regulations," said Larni Levy, a public defender who handles sex offender registration cases.

Eric Fehrnstrom, the governor's spokesman, referred questions about the matter to Nantel.

In response, Nantel said that she confirmed Sigh's notification ``after consulting with SORB as to their standard operating procedures regarding the release of this type of information." Later, she added, ``All communications regarding this case were consistent with the requirements of the law and established policy. No specific information was provided about the offender, except that he wasn't registered nor was any information provided about the identity of the victim."

Healey recently complained that the inspector general issued a critical report on the Big Dig ``hastily, sloppily and at a time when it would be of political service to our adversaries." The Romney-Healey administration did that and more to Patrick and his brother-in-law.

The seven-member Sex Offender Registry Board, like all such entities, is stacked with political appointees. It includes: chairman Jennifer Franco, a past counsel for the Executive Office of Public Safety; Shawn Jenkins, former budget director for the state's Executive Office of Public Safety; and Alicia Henry Walsh, a lawyer who was assistant chief of staff to Governor Paul Cellucci. Other members are lawyer Kate Frame; Thomas A. McPhee, a former probation officer; Vest Nuon, a victim's advocate; and Doreen Fay, a licensed psychologist.

Board members, who get paid at least $75,000 a year, have the awesome power to determine the future of more than 15,000 convicted sex offenders listed in the registry. This board has come under fire in the past for not doing its job when it comes to identifying thousands of serious sexual predators. The board was also recently criticized for having only one licensed psychologist, despite a law requiring the board to employ at least three.

But when the case involved the brother-in-law of the Democratic gubernatorial nominee, the Romney-Healey administration was quick to notify Sigh that he must register. It also made sure this embarrassing family matter got full public disclosure -- before a hearing or official classification as a Level 2 or 3 sex offender.

A recent Healey political ad criticizing Patrick's past criminal defense work asked: ``While lawyers have a right to defend admitted cop killers, do we really want one as our governor?"

Here's my question: Do we really want a governor who hails from an administration capable of trampling the law?