Statement of Middlesex District Attorney Marian Ryan Regarding The Conclusion Of The Independent Review Of Jared Remy’s August 14, 2013 Arraignment In Waltham District Court

WOBURN –  Former Essex County District Attorney and Secretary of Public Safety Kevin Burke and Norfolk County First Assistant District Attorney Jeanmarie Carroll have concluded their independent review of the arraignment of Jared Remy that occurred on August 14, 2013 in Waltham District Court, Middlesex District Attorney Marian Ryan announced today.
           
District Attorney Ryan asked for the review to provide an independent evaluation of decisions that were made at Remy’s District Court arraignment.  The report and findings were based on an examination of documentary evidence and on interviews of employees of the Middlesex District Attorney’s Office. 

The review revealed that there was information about the defendant that could have been pursued more aggressively and assessed more thoroughly prior to arraignment.  The review also concluded that assistant district attorneys in the district court would benefit from a more formalized structure of supervision by more senior prosecutors when making bail recommendations, a change that had been instituted in August across the county by District Attorney Ryan. 

“I am grateful for the diligent efforts and hard work that District Attorney Kevin Burke and First Assistant District Attorney Jeanmarie Carroll put into reviewing both what happened in this case and in helping to identify areas we can improve going forward,” said District Attorney Ryan.  “I appreciate their thorough assessment, and I have already implemented changes to address the deficiencies identified in the report.”

The Middlesex District Attorney’s Office has been involved in ongoing efforts to strengthen laws to protect victims of domestic violence, and to increase sentencing options available to prosecutors and judges.  Currently, the office is advocating on behalf of five separate bills that are pending in the legislature.  District Attorney Ryan testified at State House hearings regarding these bills on July 9, 2013 and December 12, 2013.  They include:

·    One bill that would make any act of strangulation an aggravated crime punishable by a state prison sentence;

·    Two bills that would create enhanced sentencing options in repeat offender cases, in which a defendant has previously been convicted of a restraining order violation, or has been convicted of violent offenses; 

·    A fourth bill that would preclude a defendant from being able to argue that a domestic violence case should be disposed of by way of an accord and satisfaction agreement; 

·    A fifth bill that would require more comprehensive information in probation records--the records upon which assistant district attorneys rely to make informed bail arguments--to include information about when a defendant has previously been deemed “dangerous” by a court, and to clarify when past violent offenses involve victims who are family members or intimate partners.

“We have worked internally to re-train our district court prosecutors on the bail statutes and how to use them effectively.  We have also developed trainings in advanced techniques for risk assessment, and how to effectively assist victims with obtaining resources.  It is extremely important to the work we do every day that we are constantly educating our staff about how to identify, reach out to, and assist victims.  I believe that the more information we learn from our local community partners and experts in the field, and the more we collaborate, the better able we will be to serve victims and the broader community,” said District Attorney Ryan.

In August 2013 District Attorney Ryan personally addressed all district court attorneys on the supervision of bail request assessments, and she emphasized the deliberative process necessary in bail recommendations. 

In September 2013 senior prosecutors led a mandatory training for all district court attorneys focused on information gathering and decision making underlying bail requests.  In this interactive training, attorneys reviewed how to evaluate relevant factors in moving for dangerousness detention or revocation, when to seek a cash bail, and how to utilize the office supervisory structure in reviewing bail determinations. 

Last month, District Attorney Ryan hosted a training that focused on how to engage and work with victims of domestic violence.  Two panel presentations included representatives from several local advocacy organizations, including the American Association of Arab Women (Malden), the Asian Task Force Against Domestic Violence (Lowell & Boston), the Community Legal Services and Counseling Center (Cambridge), the Domestic Violence Services Network (Concord), the Greater Boston Legal Services, Saheli (Burlington), the Massachusetts Alliance of Portuguese Speakers (Lowell & Somerville), the Middlesex Sheriff’s Office, Newton Wellesley Hospital, and Boston Medical Center.  Presenters also trained participants on how to identify and respond to victims’ needs, including how to address cultural barriers in our local communities that may make it difficult to report abuse.

Additionally, Middlesex District Attorney Marian Ryan and Suffolk District Attorney Dan Conley sponsored a training for 135 assistant district attorneys and victim witness advocates in how to assess abusive behavior in domestic partner relationships and how to identify and respond to the needs of victims.  Presenting were Dr. Jacquelyn Campbell, a leading authority on the issue of intimate partner violence, and Dr. David Adams who co-founded Emerge, the nation’s first counseling program geared specifically to men who abuse their partners.  Campbell, who has written seven books and over 200 articles on the subject, presented a training on the protocols to assess the severity of a domestic violence incident within the context of a broader history of the abuser’s conduct.  Adams, who also serves as Commissioner of the Massachusetts Governor’s Council on Sexual and Domestic Violence and as Director of the National Danger Assessment Training Project, presented a training on profiling abusers’ characteristics and debunking myths surrounding domestic violence.