Months after her office was criticized for its handling of a domestic violence case that ended in murder, Middlesex District Attorney Marian Ryan is pushing legislation that increases penalties on defendants with a history of violence and in cases where the victim is a household or family member.
Ryan testified before the Joint Committee on Public Safety Thursday in favor of a bill (H 3242) that broadens the aggravated assault and battery statute when the defendant has previously been convicted of certain crimes, including violating a restraining order. The bill, entitled “an act relative to protecting domestic violence victims from repeat offenders,” was filed by Rep. Carolyn Dykema, a Democrat from Holliston.
The legislation also increases penalties for a defendant on an assault and battery charge who violates a judge’s order not to contact the victim as a condition of release on bail. Currently, a defendant is subject to increased penalties only when the assault and battery occurs in violation of a restraining order, according to Ryan.
“Right now the legislation does not provide for violation of the court order, a stay away order, to be an aggravating factor. This bill would remedy that,” she said. “This bill would say that if you have been ordered by the court to stay away from the victim and you, in fact, violate that order, commit an assault and battery, that will be an aggravating factor. It just increases the number of aggravating factors.”
The legislation gives prosecutors more tools to recommend higher sentences, and gives judges more discretion in sentencing, without creating mandatory minimum sentences, Ryan said.
Ryan is pushing for passage of four domestic violence bills, according to a spokeswoman. “It is part and parcel of a broader review of domestic violence legislation to increase penalties and discretion in sentencing that began when the DA took office,” spokeswoman MaryBeth Long said.
Ryan testified before lawmakers in July on a handful of bills, including one to create a new crime of strangulation and strangulation with serious bodily injury. In October, the Senate passed a domestic violence bill that included the strangulation measure. The bill is awaiting action in the House.
In August, the Middlesex District Attorney’s office was criticized for how it handled the case against Jared Remy, who was in court on an assault and battery charge two days before he allegedly killed his girlfriend, Jennifer Martel, a case that has spurred a reexamination of laws intended to prevent domestic violence.
Remy was arrested for allegedly slamming his longtime girlfriend into a mirror, and the DA’s office was publicly criticized for not asking a judge to continue to hold him, based on a past history of domestic violence charges, or ordering him to stay away from Martel following his arraignment.
In the wake of Martel’s murder, House Speaker Robert DeLeo asked Attorney General Martha Coakley to partner with him in looking at the state’s restraining order laws.
Dykema, who filed the bill in January, said abusers often have a history of violence before the domestic violence incident that should raise a red flag.
The bill recognizes if the defendant has a past history of violent behavior, they would be eligible for increased penalties on the domestic violence charge, Dykema said.
Dykema told the News Service the issue hit close to home for her after a Westborough mother was murdered in a domestic violence incident several years ago. After the woman’s death, she worked with former Middlesex District Attorney Gerard Leone, and then Ryan when she took office, Dykema said.
One in four women will experience domestic violence in her lifetime, Dykema said.
“The most frustrating thing I hear from the public when you read these tragedies in the paper, there is a clear history of violence. People ask themselves, and I ask myself, why weren’t we able to recognize this…to discern the clear signs. This (bill) allows us to recognize those past patterns of behavior.”
Katherine Clark, the 50-year-old Democratic nominee for the Fifth Congressional District, is heavily favored in the Dec. 10 special election to succeed Edward J. Markey in the US House of Representatives.
Yet Clark, a state senator from Melrose, still faces one last test.
Her Republican opponent, Frank J. Addivinola Jr., a businessman and lawyer with six graduate degrees and conservative views on the Affordable Care Act, guns, gay marriage, and abortion, says he is going to win.
Katherine Marlea Clark
Born: 1963 New Haven, CT
Undergraduate education: St. Lawrence University
Profession: State senator
Self-described political views: Progressive Democrat
Personal life: Married with three school-age boys
Current residence: Melrose
Grocery store of choice: Market Basket
International adventure: Studied abroad in Nagoya, Japan, in 1983
Frank John Addivinola Jr.
Born: 1960 Malden, MA
Undergraduate education: Williams College
Profession: Doctoral student, teacher, lawyer, owner test prep business
Self-described political view: Smaller government, traditional Republican
Personal life: Married
Current residence: Boston
Grocery store of choice: Market Basket
International adventure: From 2002-2006, lived in Odessa, Ukraine, and ran a tourist-focused business there
- If visiting multiple stores, store your bags in the trunk of your car. If you must store them in the passenger compartment, make every effort to keep them out of sight.
- Be aware of loiterers near your vehicle. If you have any concerns, return to the store and ask to be escorted. Park your vehicle in a well-lit area that is populated by fellow shoppers.
- Consider using a credit card and not a debit card when shopping online. Federal law limits your liability to $50 if your credit card is used fraudulently. Also, only carry the amount of cash you expect to use when shopping in stores as thieves are on the look-out for people holding large amounts of money.
- Consumers are typically in a generous mood and often distracted during the holidays. Be leery of strangers approaching you asking for something that may ordinarily raise suspicions. A favorite holiday scam involves someone approaching you in a parking lot with a gas can looking to "borrow" some money for gas. Mall or department store security is better equipped to handle stranded motorists.
- Keep trees away from heat sources and be sure to water your tree daily.
- Never leave a lit tree unattended and use only fire retardant decorations.
- Use a “non-tip” style tree stand.
- Dispose of your tree properly, soon after the holidays, before the needles dry out.
- Never hang lights on a metallic tree.
- Check all lighting for frayed wires, broken plugs, and sockets and never overload outlets. Use no more than three strands of lights on a single extension cord.
- Never use candles on trees, near live or other flammable decorations, and be sure to never leave candles burning unattended.
- Consider buying new energy efficient LED lights that don't get as hot and always use appropriate weatherproof lights outdoors.
- Make sure grills and outdoor cookware are not used indoors.
BOSTON (AP) — The new year is a few weeks away but it’s not too early to think about 2014 hunting licenses.
The Massachusetts Division of Fisheries and Wildlife says 2014 hunting, sporting, fishing, and trapping licenses will be available for purchase starting on Monday.
They can be purchased at all license vendor locations, MassWildlife District offices, the West Boylston Field Headquarters, and at MassFishHunt.org.
Anyone 15 or older needs a license to hunt or for freshwater fishing.
Freshwater fishing licenses for minors ages 15 to 17 are free and can be obtained online.
The department also reminds hunters that all deer harvested during shotgun season must be checked at a check station. Online checking is not available from Dec. 2 until Dec. 14.
Mahoney's Garden Centers is selling Trees for Troops trees to provide Christmas cheer for military families this holiday season.
The trees, which cost $24.50, can be bought in stores, online, or through a hotline at 781-721-4691. Last year, Mahoney's donated 1,500 trees. This year's goal is 2,000, according to marketing manager Natalie Decker.
“The program has become a deeply-rooted holiday tradition for Mahoney’s and the surrounding communities,” Decker said in a press release. “Thanks to the generous support of our patrons, we’re proud to announce that Mahoney’s has become the top contributor of trees in North America and received the Industry Spirit Award this past summer from the Trees for Troops program.”
Customers can add holiday greetings for the families to donate with the trees. The program ends on Dec. 1, when Mahoney's will chop trees from its Nova Scotia farm. The trees will be distributed to troops and families on military bases around the world by the Trees for Troops program and FedEx.
This year, Mahoney's trees will be sent to the east coast, including the Coast Guard Station in Chatham.
Mahoney's has locations in Winchester, Chelmsford, Tewksbury, Falmouth, Brighton, Osterville, Concord and Wayland.
Shandana Mufti can be reached at firstname.lastname@example.org.
In the aftermath of Tuesday’s overwhelming defeat of a proposed casino in Milford and a string of losses statewide, a group of local officials are calling on Governor Deval Patrick and the legislature to rethink the future of casino gambling in Massachusetts.
Meanwhile, an anti-casino group says it has the signatures necessary to put a referendum on the ballot repealing the law.
Members of the MetroWest Anti-Casino Coalition -- made up of selectmen from Hopkinton, Holliston, Medway and Ashland -- see the defeat of Foxwoods’ plans to build a $1 billion casino at Route 16 and Interstate 495 as just another sign that casinos may not be the right fit for Massachusetts.
“How do you reconcile the legislation that allows this with wave after wave of rejection?” Selectman Jay Marsden of Holliston asked.
“I don’t know how the legislation gets matched up with the fact that basically no one wants to take the plunge and take everything that goes along with saying yes to one of these things,” he said.
The governor, however, has no second thoughts.
Speaking Wednesday to reporters at the State House, Patrick said the law is working exactly as it’s supposed to.
“I think this is something we can do well if we do it the right way. I think the framework of the legislation is the right framework. This has never been central to our economic growth strategy; it’s, for most people, harmless,” he said, according to a transcript provided by Deputy Press Secretary Bonnie McGilpin.
State Representative Carolyn Dykema, a Holliston Democrat who has been a vocal opponent of casino gambling statewide and the Foxwoods proposal in particular, said she sees voters saying the cost of casinos is too high.
“It seems that towns considering casino projects are paying close attention to the details, weighing the economic potential against the costs to residents’ quality of life, and deciding that the costs are just too high,” she wrote in an email to the Globe.
“It’s hard to look at the results of the recent local votes and not question whether casinos can or should be part of Massachusetts’ future,” she wrote.
Meanwhile, the Repeal the Casino Deal campaign says it has collected and filed more than 90,000 signatures from across the state in its effort to put a question repealing the casino law on the 2014 statewide election ballot, according to the group’s spokesman David Guarino.
The group is optimistic the signatures filed by Wednesday’s deadline with local election officials will result in the certification of the necessary 68,911 needed to put the measure before voters. The signatures certified by local communities must be filed with Secretary of State William Galvin’s office by Dec. 4.
The campaign gained momentum after votes defeating casino proposals in East Boston and Palmer earlier this month and built through the final days of the Milford campaign, according to Guarino.
“This has been a huge grassroots effort,” he said. “After the East Boston and Palmer votes, hundreds of new volunteers signed up, and donations started to come in so we were able to pay some people to gather signatures.”
Tables were set-up to gather signatures outside polling places in Milford on Tuesday, and volunteers worked right up until Wednesday’s 5 p.m. deadline, he said.
“We’re very hopeful the necessary number of signatures will be certified allowing us to jump this next hurdle,” Guarino said.
In addition to gathering the signatures, Repeal the Casino Deal has also filed a court challenge of Attorney General Martha Coakley’s decision not to allow residents to vote to overturn the state’s casino law. The state’s Supreme Judicial Court allowed the signature drive to continue pending a hearing on the appeal.
Former Attorney General Scott Harshbarger is leading the appeal effort.
“This is a truly remarkable statewide, grassroots citizen movement,” he said, according to a press release from the group.
“This is still an uphill battle but we get stronger every day with more and more support around this great state for ending this bad idea. Our hats go off to the citizen leaders in community-after-community who are standing up to big money with grassroots might.”
Ellen Ishkanian can be reached at email@example.com.
MSPCA-Angell photosThe MSPCA has reported that Sophie, the beagle taken from the MSPCA-Nevins Farm in Methuen, was returned Tuesday morning by the man seen on videotape along with his wife as they left the shelter with her over the weekend. ccording to MSPCA spokesman Rob Halpin, the couple is facing larceny charges, but the Methuen Police Department will not release their names or place of residence until an arraignment date has been set. Halpin said the MSPCA has been assured the couple will be prosecuted to the fullest extent of the law. The publicity surrounding the case prompted the couple to come forward and return Sophie to the MSPCA’s care, Halpin said. The dog is well and is under close watch by the shelter staff, Halpin said. Would-be adopters can contact Nevins Farm director Mike Keiley at firstname.lastname@example.org. The dog was taken from the Methuen adoption center at about 1:30 p.m. on Saturday, Nov. 16. The stolen dog, a 7-year-old beagle named “Sophie,” weighs about 40 pounds, is mostly white with a brown face, and has black fur covering much of her back. Surveillance video from Nevins Farm’s recently installed video monitoring system shows a white couple, who appear to be in their 60s, standing in the adoption center lobby before the man — wearing a white jacket over black slacks — is seen exiting the rear door with Sophie.
Milford voters emphatically rejected a $1 billion Foxwoods-backed gambling resort on Tuesday, crushing a casino proposal five years in development, and shrinking the field of applicants for the state’s most lucrative gambling license.
The casino plan proposed by Foxwoods and its partners, the last of 11 original Massachusetts casino or slot parlor applicants to reach the ballot box, joins a prominent list of pricey projects to die at the hands of the voters.
“There was always a lot of opposition,” acknowledged somber Foxwoods chief executive Scott Butera, after the votes were counted. “We tried to change people’s minds and educate people, but we weren’t able to do it. “It just wasn’t meant to be.”
The Bay State suburbs have proven to be the graveyard of casino dreams, and Milford voters followed suit, defeating the proposal 6,361 to 3,480 in a town-wide referendum. Turnout was 57 percent of 17,400 registered voters, according to the town clerk’s office.