The Middlesex Prosecutor and The Irish Nanny Ainsling McCarthy

Cavan nanny Aisling McCarthy Brady holding an unidentified child.I was asked what my opinion was in the matter of Aisling Brady McCarthy the Irish nanny who spent two and a half years in prison for a crime that never happened. I had not followed the case closely so I tend not to comment in those situations but being asked I will throw in my two cents.

I have always had questions about the way the Middlesex District Attorney’s office operated. As a young defense lawyer I hated going there because the assistant DAs had no discretion on cases. They might as well have been robots since they had to recommend for a sentence whatever some unknown person hiding in the back office told them was appropriate. That was a poor way to run and office since the front line attorneys were treated like children, the same way the FBI treats its agents.

After about eight years I switched hats and became a prosecutor. Our system of handling cases gave the attorneys in the court full discretion to work them out. I had one woman who worked with us for two or three years who left for a better position in Middlesex. Within a couple of months she was calling me continually asking to come back for less pay and to be a line attorney again. Her complaint was that she had no discretion in handling her cases. There were people higher up in the office who made all the decisions.

A Confused President Obama Running For The Door

image (2)We have been reassured by the Director of the CIA that the type of attack that happened in Paris will probably happen again. It could happen in Boston, or New York, or in Washington, DC. CIA Director John Brennan said“I certainly would not consider it a one-off event . It is clear to me that ISIS has an external agenda and that they are determined to carry out these types of attacks,”

He went on to add that: “I would anticipate that this is not the only operation that ISIL has in the pipeline.”

That is comforting news. When Boston’s Quincy Market is attacked Brennan can tell us we were warned it was coming. Is he trying to protect himself or us?

 You know ISIL, ISIS, IS, Daesch are all names for the terrorist group that calls itself the Islamic State. Most of the world calls it ISIS.

The Tim Flaherty Federal Prosecution: The Dilemma Involved

DuckLast week I traveled to Boston to see what was going to happen at a status conference in the case of Tim Flaherty.  That case is pending in the federal court of Boston. Few people were at the hearing. The magistrate set some dates for filing motions and scheduled another conference date for December.

The gist of Flaherty’s case is he is charged with the felony of attempting to interfere with an FBI officer in his investigation, a crime that carries a twenty year penalty. His crime was telling a guy who was sitting next to an FBI officer that he should ignore the request of the FBI officer who asked him to call him. It was a set up. There was no way Flaherty could interfere with the FBI officer’s investigation because the guy was already working with him. However, the statute he violated states it is a crime to “attempt” to interfere with an investigation.

The federal court is Boston is a very strange and scary place. Even in the most notorious cases the court does not allow its proceedings to be televised and broadcast to the general public. So much of what happens there is hidden from view.

AG Healey’s Playing Janus: Governor Baker A Skillful Gambler

JanusJanus is a figure from ancient Roman religion and myth. He is depicted as having two faces looking in the opposite direction. Attorney General Healey has taken on that form. When she looks to the left she says one thing and looking to the right says the exact opposite.

The wonder of it is that no one in the media seems to pick it up. Our major newspapers and television news outlets have become mere stenographers producing what she says without giving it any analysis. It goes back to what I wrote about a long time ago about how people who are in favor are given passes.

As you know Attorney General Healey is trying to decide what to do about the gambling outfit called DraftsKing. The problem she is having such trouble it is backed by big money people like Bob Kraft who it appears have been able to exercise control over her good judgment. Leave out the power brokers and she would have come down with a decision a lot sooner than the end of the football betting season.

I Love Paris: I Don’t Love the Democratic President or Candidates for President

tulane-army-footballI really do love Paris. I am planning a trip there right now having spent two weeks there just recently. I have been going there for many years. I speak a couple of words of French but find it is easy to get by with English. Unlike what some suggest, I have found the people of Paris to be quite warm and friendly toward me and those I have been there with.

Paris is a beautiful city. The food is wonderful. The mood is one of joy and happiness. At the Opera House last time I was there a person was scheduled to give a concert involving several songs. At the end of the first song the audience seemed unsure of whether to clap or not so most sat on their hands while a handful clapped.

She played another song. Fortunately I was there with a person who speaks French or I would not have understood what followed. When she finished and barely a ripple of clapping was heard a member of the audience stood up and said in  a loud voice: “why is no one clapping? It is proper to clap at the end of each song. Now clap!”

Running Scared: Speaker DeLeo’s Request and the Massachusetts Supreme Judicial Court’s Pusillanimous Behavior

Boston Exteriors And LandmarksIf only Dorothy Gale’s Wizard were around to go up to the John Adams courthouse. He could pin on the chest of the judges in the Supreme Judicial Court (SJC) a medal with the words courage on it. Then, perhaps, they might see how cowardly they have become.

Here us what is going on. The Boston Globe received a transcript of the sworn testimony of House Speaker Robert A. DeLeo who testified before independent counsel Paul Ware during the investigation of the state probation office. Ware was appointed on May 24, 2010, by the SJC to conduct that investigation. The Globe wrote an article telling how it had the transcript and suggesting that DeLeo made statements to Ware that were contradicted by other law makers and officials.

The problem is that DeLeo’s testimony was under seal. I assume he gave the testimony with the promise that it would be held in confidence. The Globe should not have had it in its possession. It was leaked by someone in the same manner that William Bulger’s testimony before a federal grand jury was also leaked to the Globe.

The Massachusetts Miracle: The Old Ball Game Goes On With New Players.

Boston Exteriors And LandmarksWe love our professional games in Boston. The Red Socks became big winners after 85 years and then went on to repeat as recently as a couple of years ago; the Patriots (they probably should get a new name since their bona fides as patriots has to be called into question when we learn they charged the military $700,000 for them to honor a National Guard soldier at each of the 8 home games) have won top honors in recent times probably every two or three years; the Celtics for many years won title after title giving us an exciting team; and the Bruins seem to rise to the occasion on occasion to give us Lord Stanley’s Cup.

We also seem to love another professional game which is not played so openly as those mentioned but is carried on year after year producing not one but many winners. It is the inside game carried on in our State House which runs rampant outside the ken of most of us. The players in that game are the big money people and their friends in the media who tell our elected officials what they would like and sure enough it seems they get what they want.

Flaherty Decision on Motion for Discovery

Female IRA fighter, 1970sTim Flaherty has his case scheduled for tomorrow. It had been continued until the judge made a decision on his motion for discovery. That decision was made at the last minute, today. For those interested I have copied it and posted it below.  As expected and as usual the judge a former federal prosecutor in the same office that is prosecuting Flaherty went along with that office’s position.

I should note that the issue is whether there was a real civil rights action in existence which Flaherty was interfering with. I’ve pointed out before that every case that the Wyshak unit receives they mark it as a civil rights case whether they ever intent to pursue a civil rights case or not. That gives them the pretext, as was done here, for doing other types of investigations and hoping that the person they are after will either lie to an FBI agent or tell another not to do something that can be said to be an interference with their investigation.