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Tag: justice

  • GOP hopefuls vow to ban ‘sanctuary’ laws

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    BOSTON — A pair of Republicans challenging Democratic Gov. Maura Healey in next year’s gubernatorial election are vowing to push for a statewide ban on “sanctuary” policies if elected, arguing that the state’s immigrant-friendly laws have made it a magnet for the undocumented.

    Republicans Mike Kennealy, who served as former Gov. Charlie Baker’s housing and economic development secretary, and Brian Shortsleeve, a former MBTA head and venture capitalist, are vying for the GOP’s nomination to challenge Healey next year.


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    By Christian M. Wade | Statehouse Reporter

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  • Democrats seek probe of ICE tactics

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    BOSTON — Members of the state’s congressional delegation are demanding a probe of recent federal immigration raids in the state, accusing the Trump administration of using “excessive force” and “aggressive tactics” to apprehend people suspected of being in the U.S. illegally.

    In a letter Thursday to the Department of Homeland Security’s Office of Inspector General, Sens. Elizabeth Warren and Ed Markey lead calls for an investigation into claims of “increasingly aggressive and intimidating tactics” by U.S. Immigration and Customs Enforcement agents during recent enforcement actions.


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    By Christian M. Wade | Statehouse Reporter

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  • Suspect in Market Basket fires pleads not guilty in Superior Court

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    A former Market Basket employee who officials allege lit two fires in the back of the supermarket in March, pleaded “not guilty” during his arraignment in Salem Superior Court on Wednesday.

    Matthew R. Johnson, 35, who court records say is homeless, was indicted on felony charges of attempted burning of a building and burning a building, in relation to fires in two separate areas of the back of the store that filled the supermarket with smoke on March 14.


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    Ethan Forman may be contacted at 978-675-2714, or at eforman@northofboston.com.

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    By Ethan Forman | Staff Writer

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  • Abortion group asks judge to toss out lawsuit

    Abortion group asks judge to toss out lawsuit

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    BOSTON — An abortion rights group is asking a federal judge to toss out a lawsuit against them and Gov. Maura Healey by anti-abortion groups in response to a state-funded campaign targeting pregnancy ‘crisis’ center operators.

    In a motion to dismiss filed in U.S. District Court in Boston on Tuesday, lawyers for the Reproductive Equity Now Foundation argue that the plaintiffs “lack standing” to file the lawsuit and blasted the legal challenge as an attempt to “silence” their advocacy work.

    “Contrary to the allegations in the complaint, this case is not about any wrongful deprivation of the First Amendment or other constitutional rights …” lawyers for the foundation wrote in a court filing. “Instead, it is a blatant attempt to enlist this court’s assistance in its effort to silence Reproductive Equity Now Foundation and its president Rebecca Hart Holder, by enjoining them from exercising their constitutional rights.”

    The lawsuit, filed in August by the Massachusetts Liberty Legal Center on behalf of Your Options Medical Center and others, alleges that the state and Equity Now violated their constitutional rights with a “campaign of harassment, suppression, and threats” against the Revere-based facility and other pregnancy centers.

    At issue is a taxpayer-funded education campaign by the state Department of Health warning the public to avoid pregnancy crisis centers, which have emerged as the latest battleground in abortion access following the Supreme Court’s 2022 ruling overturning federal protections.

    The $1 million campaign, which began earlier this year, has blanketed social media platforms, billboards and radio, with ads emblazoned on MBTA buses, trains and depots.

    The plaintiffs allege the campaign has forced them “to operate in a culture of fear and harassment” and that they continue to face “unprecedented investigations, including unnecessary subpoenas,” despite a prior state investigation clearing the operators of any wrongdoing.

    But lawyers for Holder and Equity Now argue in court filings that the public education campaign hasn’t deprived the pregnancy centers of their free speech rights or interfered with their operations.

    “To be clear, the public has not been prevented from seeking out and receiving YOM’s services, and YOM has not been prevented from expressing its viewpoints or fulfilling its mission consistent with those viewpoints,” they wrote.

    The plaintiffs “utterly failed to allege facts that plausibly demonstrate this is one of those rare instances in which the conduct of private parties constitutes state action,” they added.

    Hart-Holder calls the lawsuit “an attempt to silence our organization and prevent us from exercising our First Amendment protected right to free speech.”

    “We will not be intimidated by this lawsuit, and we will always fight for New England patients and their ability to access the reproductive health care that is right for them,” she said in a statement.

    Pregnancy crisis centers have emerged as the latest battleground in abortion access following the Supreme Court’s ruling overturning federal protections.

    The centers, which advertise free services and counseling for women struggling with unplanned pregnancies, have proliferated in the wake of the high court’s decision overturning the landmark 1973 Roe v. Wade ruling.

    But Healey and women’s reproductive rights groups claim the facilities are funded by anti-abortion groups with the intention of blocking women from getting abortions.

    In June, the state Department of Public Health partnered with the advocacy groups on a new campaign to educate the public about the “dangers and potential harm” of anti-abortion centers that advocates say are providing misleading information to women.

    The $1 million taxpayer-funded public campaign features ads on social media platforms, billboards, radio and transit warning women about the pregnancy crisis centers.

    Some communities have moved to limit or ban the centers amid complaints that they are using deceptive advertising and providing misinformation.

    But anti-abortion groups say the centers are providing options to women other than abortions and being unfairly targeted by a “smear campaign” by proponents of the procedure.

    The Pregnancy Care Alliance of Massachusetts said the network of pregnancy care centers in the state “provides millions of dollars in no-cost support and care for thousands of women annually who face planned and unplanned pregnancies.”

    The alliance has accused Healey and other state leaders of “furthering their extreme abortion agenda by using a taxpayer-funded campaign to discredit our centers.”

    “Our pregnancy resource centers are paying close attention to the case and look forward to learning the outcome, since a decision will directly impact our service to women and communities across the state,” the alliance said in a statement.

    The conservative American Center for Law and Justice, which has helped former President Donald Trump fight his legal battles, is also a plaintiff in the lawsuit. It argues that the campaign targeting pregnancy centers is part of a strategy to “silence the anti-abortion movement.”

    Healey, who is being represented by the Attorney General’s office, hasn’t formally responded to the lawsuit’s claims but was granted an extension this week to file her response until Dec. 13, according to federal court filings.

    Christian M. Wade covers the Massachusetts Statehouse for North of Boston Media Group’s newspapers and websites. Email him at cwade@cnhinews.com.

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    By Christian M. Wade | Statehouse Reporter

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  • Healey moves to implement gun control law

    Healey moves to implement gun control law

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    BOSTON — Gov. Maura Healey is moving to implement a tough new gun control law in response to a lawsuit challenging its provisions and a effort to repeal the restrictions.

    On Wednesday, Healey signed an executive order attaching an emergency preamble to the bill she signed in July that expanded the state’s bans on “assault” weapons and high-capacity magazines, outlawed so-called “ghost” guns and set new restrictions on open carry of firearms, among other provisions.

    Gun control groups praised the rare maneuver, which they said is aimed at blocking an effort by critics of the new law to block its implementation as they gather signatures to put the issue before voters in two years.

    “After years of advocating for these gun safety measures to become law, we weren’t going to stand by and let the gun lobby get in the way of our progress,” Anne Thalheimer, a survivor fellow with the Everytown Survivor Network, said in a statement. “We’re grateful to Governor Healey for standing with us and taking decisive action to ensure that this lifesaving law is implemented.”

    But the Massachusetts Gun Owners’ Action League, which has filed a federal lawsuit seeking to overturn the law’s training and licensing requirements, said Healey’s “radical move” signing the executive order makes hundreds of thousands of lawful gun owners across the state into “felons in waiting.”

    He accused the governor and Democratic lawmakers of waging a “consistent effort to silence our voices and mislead the general public.”

    “Ever since this tantrum against the Supreme Court decision Bruen started last year, the so-called ‘process’ has become even more putrid,” said Jim Wallace, GOAL’s executive director, in a statement. “At every turn, the Legislature and now the governor, have avoided honest public input, especially from the 2A [Second Amendment] community.”

    Wallace said despite the order the group is still urging the federal judge to issue a temporary injunction to block the law from going into effect as the ballot initiative and legal challenge plays out in court.

    Besides the legal fight, critics of the new law or gathering signatures to put the question before voters in the 2026 election. They argue that the restrictions will hurt businesses, cost jobs and deprive legal gun owners of their constitutional rights.

    The new law, which passed despite objections from the Legislature’s Republican minority, added dozens of long rifles to a list of prohibited guns under the state’s assault weapons ban, and outlawed the open carry of firearms in government buildings, polling places and schools, with exemptions for law enforcement officials.

    It also set strict penalties for possession of modification devices such as so-called “Glock switches” that convert semiautomatic firearms into fully automatic, military-style weapons. The state’s red flag law, which allows a judge to suspend the gun license of someone deemed at risk to themselves or others, was also expanded under the legislation.

    Massachusetts already has some of the toughest gun control laws in the country, including real-time license checks for private gun sales and stiff penalties for gun-based crimes.

    Gun control advocates argue the strict requirements have given the largely urban state one of the lowest gun-death rates in the nation, while not infringing on the right to bear arms.

    Despite those trends, Democrats who pushed the gun control bill through the Legislature argued that gun violence is still impacting communities across the state whether by suicide, domestic violence or drive-by shootings.

    Second Amendment groups have long argued that the tougher gun control laws are unnecessary, and punish law-abiding gun owners while sidestepping the issue of illegal firearms.

    Christian M. Wade covers the Massachusetts Statehouse for North of Boston Media Group’s newspapers and websites. Email him at cwade@cnhinews.com.

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    By Christian M. Wade | Statehouse Reporter

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  • Teenager pleads guilty to 2023 LoDo shooting

    Teenager pleads guilty to 2023 LoDo shooting

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    Keanna Rosenburgh faces up to 7 years in the Colorado Youthful Offender System for opening fire into a crowd after being denied entry into a bar.

    A parked Denver Police cruiser. Sept. 30, 2021.

    Kevin J. Beaty/Denverite

    The teenager accused of shooting five people outside a bar in Denver’s LoDo neighborhood in September 2023 pleaded guilty to one count of attempted murder in court Friday.

    Keanna Rosenburgh faces up to 7 years in the Colorado Youthful Offender System and a 21-year suspended sentence in the Colorado Department of Corrections. 

    The Denver Police said Rosenburgh, who was 17 at the time of the shooting, was denied entry into the Dierks Bentley’s Whiskey Row bar and restaurant in the 1900 block of Market Street on Sept. 16, 2023. Rosenburgh returned shortly afterwards to talk with security. As she walked away, Rosenburgh pulled out a handgun and fired several rounds into the crowd behind her, and ran away. Five people were injured in the shooting. Eight different people were listed as victims.

    Authorities arrested Rosenburgh in Barstow, California, on October 19, 2023. With help from the FBI and local law enforcement, she was extradited back to Colorado. That month, Denver District Attorney Beth McCann initially planned to charge Rosenburgh as a juvenile. 

    But in November, McCann announced plans to try her as an adult and charged her with 28 criminal counts, including seven counts of attempted murder and 15 counts of assault.

    Rosenburgh’s sentencing hearing is scheduled for January 22, 2025. 

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  • Student charged with making threat involving Triton-Amesbury football game

    Student charged with making threat involving Triton-Amesbury football game

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    NEWBURY — A student has been charged with making a threat involving the football game Friday night between Triton Regional and Amesbury high schools.

    Newbury police Chief Patty Fisher announced Saturday that the unidentified student was charged following an investigation that involved the Newbury, Amesbury and Salisbury police departments. There were no issues at the game, she said.

    Newbury police were notified by Triton on Wednesday that a student may have made a verbal threat about the upcoming football game, Fisher said in a release. 

    Salisbury police made sure the student did not have access to any weapons and Amesbury police were notified so they could ensure safety at the football game and that the student stayed away from the school, Fisher said.

    “There are currently no credible threats toward public safety at Triton Regional High School or Amesbury High School,” Fisher said in the release Saturday. “Social media rumors can inflate understandable alarm amongst the community.”

    “When there is a valid threat toward public safety, the police and school district will communicate those threats with the public and will work to cancel events we feel are unsafe,” Fisher added.

    The Newbury Police Department uses its social media platforms and CodeRED to communicate with the public, she said. If an issue involves the school district, police work with the administration to communicate through the district broadcast notification system.

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  • Gun control foes push to repeal restrictions

    Gun control foes push to repeal restrictions

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    BOSTON — Opponents of Massachusetts’ new gun control law are gearing up to repeal the tough restrictions, which they say will hurt businesses, cost jobs and deprive people of their constitutional rights.

    A law signed by Democratic Gov. Maura Healey in July expanded the state’s bans on “assault” weapons and high-capacity magazines, outlawed so-called “ghost” guns and set new restrictions on the open carry of firearms, among other provisions.

    The move was in response to concerns about mass shootings and gun violence.

    But critics of the new restrictions say they are unconstitutional and argue the changes will do little to reduce gun violence. They’ve started gathering signatures on petitions to put a repeal of the law before voters in the 2026 elections.

    The chief organizer of the repeal effort, Cape Cod Gun Works owner Toby Leary, said on Thursday that the petition-gathering effort is well underway and he is seeing strong support for putting the question on the ballot.

    “A lot of businesses and jobs are at stake,” Leary said during a livestreamed briefing sponsored by the state’s Republican Party. “The effects of this law on businesses will be catastrophic. Jobs will be lost. Businesses and livelihoods will be lost.”

    Leary said among the many concerns gun shop owners have about the new restrictions is that the expansion of banned firearms will reduce the kinds of rifles and other weapons that can be sold in the state, which will hurt bottom lines. He estimates about 50% of his business will be “put on hold” if the law isn’t repealed.

    “But this is also about freedom,” Leary said. “This law is so unconstitutional on every level. A lot of ordinary people are going to run afoul of this law.”

    Massachusetts already has some of the toughest gun control laws in the country, including real-time license checks for private gun sales and stiff penalties for gun-based crimes.

    Gun control advocates argue the strict requirements have given the largely urban state one of the lowest gun-death rates in the nation, while not infringing on the right to bear arms.

    Despite those trends, Democrats who pushed the gun control bill thorough the Legislature argued that gun violence is still impacting communities across the state whether by suicide, domestic violence or drive-by shootings.

    Second Amendment groups have long argued that the tougher gun control laws are unnecessary, and punish law-abiding gun owners while sidestepping the issue of illegal firearms.

    The new law, which passed despite objections from the Legislature’s Republican minority, added dozens of long rifles to a list of prohibited guns under the assault weapons ban, and outlawed the open carry of firearms in government buildings, polling places and schools, with exemptions for law enforcement officials.

    It sets strict penalties for possession of modification devices such as Glock switches that convert semi-automatic firearms into fully automatic, military-style weapons. The state’s red flag law, which allows a judge to suspend the gun license of someone deemed at risk to themselves or others, was also expanded under the law.

    The repeal effort is one of several seeking to block the law. The Massachusetts Gun Owners’ Action League, which is affiliated with the National Rifle Association, plans to file a federal lawsuit seeking to overturn the new law’s training and licensing requirements. Other legal challenges are expected.

    Christian M. Wade covers the Massachusetts Statehouse for North of Boston Media Group’s newspapers and websites. Email him at cwade@cnhinews.com.

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    By Christian M. Wade | Statehouse Reporter

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  • U.S. sues RealPage, alleging its software allows landlords to coordinate rent increases

    U.S. sues RealPage, alleging its software allows landlords to coordinate rent increases

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    The U.S. Department of Justice on Friday sued a major real estate firm, alleging the company’s algorithmic software enables landlords across the country to set rent at artificially high rates.

    The lawsuit, joined by several states including California, focuses on software from Texas-based company RealPage. The software is used by many landlords to set rent prices for both vacant units and renewal rates for existing tenants.

    In a truly competitive market, authorities said, property owners would be forced to compete with each other, helping to drive down rental costs for Americans.

    However, according to the lawsuit, RealPage enabled the opposite.

    When becoming a client, supposedly competing landlords share nonpublic information — such as occupancy and rents on executed leases — with RealPage, which then uses that data to recommend rents at individual properties.

    “As Americans struggle to afford housing, RealPage is making it easier for landlords to coordinate to increase rents,” Assistant Atty. General Jonathan Kanter said in a statement.

    RealPage did not immediately return a request for comment.

    The company previously called similar allegations false and misleading, saying clients can decline its recommendations, which at times include dropping rent.

    But in its complaint, the Justice Department pointed to instances where RealPage described its software as a tool for maximizing rent and outperforming the market. Authorities also alleged the company made it more difficult for landlords to reject its recommendations than accept them.

    “There is greater good in everybody succeeding versus essentially trying to compete against one another in a way that actually keeps the entire industry down,” a RealPage executive said, according to the lawsuit.

    At another point, RealPage described its tools as ensuring landlords are “driving every possible opportunity to increase price even in the most downward trending or unexpected conditions,” the complaint says.

    Antitrust enforcement has been a focus of the Biden administration. The Justice Department has sued major companies such as Google and Apple, alleged they engaged in anticompetitive behavior.

    Vice President Kamala Harris has also criticized the use of rent-setting algorithms while running for president.

    In a statement, Atty. Gen. Merrick B. Garland said the Justice Department would continue to aggressively enforce antitrust laws.

    “Americans should not have to pay more in rent because a company has found a new way to scheme with landlords to break the law,” Garland said.

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    Andrew Khouri

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  • With Healey away, DiZoglio pitches NDA ban

    With Healey away, DiZoglio pitches NDA ban

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    BOSTON — With Gov. Maura Healey and other Beacon Hill leaders out of state for the Democratic National Convention, state Auditor Diana DiZoglio is using the Statehouse bully pulpit to draw attention to the issue of nondisclosure agreements.

    On Tuesday, DiZoglio proposed an executive order that would — if she had signed it as acting governor — ban state agencies from using such agreements if they involve claims of discrimination, harassment or retaliation and require existing agreements to be posted on the state comptroller’s website for the public to view.

    “This is just a proposal to make meaningful change for transparency and accountability and prevent the use of taxpayer dollars for these agreements,” the Methuen Democrat told reporters at a briefing. “We want to work with the administration.”

    The proposal comes after DiZoglio’s office released an audit of the Massachusetts Convention Center Authority, claiming the agency violated state laws and its own procurement policies by failing to secure board approval for a no-bid media contract and a nondisclosure agreement for a $1.2 million settlement with an employee alleging racial discrimination.

    “That is absolutely unacceptable and we need to take bold and meaningful action across our state government to prevent that type of abuse of power from continuing to occur,” DiZoglio said.

    DiZoglio said she hopes the governor will considering signing the order, or work with her to adopt restrictions on the use of NDAs by the state government and quasi-public entities. Her office is conducting a statewide audit of NDA settlements.

    A Healey spokeswoman issued a statement Tuesday, saying only that the governor is “cooperating with the ongoing audit and will continue to discuss this issue with the auditor.”

    Under state law, the state auditor is fifth in the line of gubernatorial succession behind the lieutenant governor, secretary of state, attorney general and treasurer if the governor dies in office or leaves the state for vacation or official business.

    With Healey and top Democrats attending the Democratic National Convention in Chicago this week, DiZoglio was possibly in line to take over as acting governor.

    That didn’t happen, because Lt. Gov. Kim Driscoll stayed behind and Secretary of State Bill Galvin returned from the DNC on Tuesday, taking over as acting governor. Driscoll departed for Chicago on Tuesday afternoon, according to Galvin’s office.

    But that didn’t stop DiZoglio — who is rumored to be eyeing a run for governor in the 2026 elections — from using the brush with the governor’s office to highlight a key initiative.

    DiZoglio said she likely would have signed the executive order as acting governor if Healey’s predecessor, Republican Charlie Baker, were still occupying the governor’s office.

    “Because the previous administration repeatedly and consistently opposed any and all reforms to the abuse of taxpayer dollars that are used in these non-disclosure agreements,” she said. “That is not the case with this current administration.”

    As a state lawmaker, DiZoglio pushed for a state ban on nondisclosure agreements, which are commonly used by large companies to protect trade secrets, resolve arbitration cases and settle workplace conflicts.

    DiZoglio, victims rights advocates and other critics who are pushing to restrict the practice, say NDAs are increasingly shielding powerful men from accusations of abuse or rape.

    Disgraced Hollywood producer Harvey Weinstein and former Fox News star anchor Bill O’Reilly are among those who’ve been accused of hiding allegations of sexual harassment for years with out-of-court settlements and nondisclosure agreements that forbid the parties from talking about the cases.

    A firestorm surrounding the public accusations of sexual harassment against Weinstein and other men, fueled by the #MeToo movement, focused public attention on the ability of wealthy and powerful people to avoid scrutiny for decades despite repeated allegations.

    But DiZoglio says NDAs are also being used by the state to shield actions by the state government and quasi-governmental agencies like the convention authority.

    Still, legal experts say a total ban on nondisclosure and arbitration clauses raises constitutional issues.

    Pro-business groups such as the Associated Industries of Massachusetts argue that arbitration and other non-judicial remedies are crucial to resolving workplace conflicts. Banning the practice would clog the courts with employment law cases, the group asserts.

    To date, at least six states — California, Maryland, New Jersey, Tennessee, Vermont and Washington — have banned the use of nondisclosure agreements in settlements involving claims of sexual assault, harassment or discrimination.

    Christian M. Wade covers the Massachusetts Statehouse for North of Boston Media Group’s newspapers and websites. Email him at cwade@cnhinews.com.

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    By Christian M. Wade | Statehouse Reporter

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  • Gun rights group chips in $100K for court challenge

    Gun rights group chips in $100K for court challenge

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    BOSTON — A national gun rights group pledges to help fund a legal challenge to overturn the state’s tough new gun control law that critics say will do little to prevent gun violence while depriving people of their constitutional rights.

    The Firearm Industry Trade Association said it has donated $100,000 to the Massachusetts Gun Owners’ Action League to support the group’s legal challenge against new restrictions on firearms licensing signed into law by Gov. Maura Healey.

    “Massachusetts is known as a birthplace of the American Revolution, but these lawmakers have turned their backs to rights that belong to the people and instead are instituting an Orwellian state over the citizens of the Commonwealth,” Lawrence G. Keane, the association’s senior vice president and general counsel, said in a statement.

    “The fight to protect liberty and individual rights begins anew and we are confident that when federal courts apply scrutiny to this law, it will be relegated to the trash bin where it belongs,” Keane said.

    The new law, signed by Healey last month, adds dozens of long rifles to a list prohibited under the state’s “assault” weapons ban and outlaws the open carry of firearms in government buildings, polling places and schools, with exemptions for law enforcement officials.

    It sets strict penalties for possession of modification devices such as Glock switches that convert semiautomatic firearms into fully automatic, military-style weapons. The measure also expands the state’s red flag law, which allows a judge to suspend the gun license of someone deemed at risk to themselves or others.

    Massachusetts already has some of the toughest gun control laws in the country, including real-time license checks for private gun sales and stiff penalties for gun-based crimes.

    But Second Amendment groups argue tougher gun control laws are unnecessary and punish law-abiding gun owners while sidestepping the issue of illegal firearms.

    GOAL, which is affiliated with the National Rifle Association, has dubbed the restrictions the “The Devil’s Snare” and say it represents the greatest attack on civil rights in modern U.S. history. The group has filed a federal lawsuit seeking to overturn the new law’s training and licensing requirements. Other legal challenges are expected.

    Members of the group have also filed a petition with the Secretary of State’s Office to begin gathering signatures on a petition to put a repeal of the law before voters next year. The group wants to suspend the law ahead of a 2026 statewide referendum.

    Christian M. Wade covers the Massachusetts Statehouse for North of Boston Media Group’s newspapers and websites. Email him at cwade@cnhinews.com.

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    By Christian M. Wade | Statehouse Reporter

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  • Planning Board to take up 3A zoning

    Planning Board to take up 3A zoning

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    The Dec. 31 deadline for this commuter rail community to comply with state MBTA Communities Act requirements to create multifamily zoning districts near train stations is zooming down the tracks.

    With less than five months to go, Gloucester’s Planning Board is scheduled to meet in person and on Zoom Thursday afternoon to review multifamily zoning district scenarios and changes to zoning ordinance meant to bring the seaport into compliance with the law known as Section 3A.

    The meeting is scheduled to take place in person at the Harbormaster’s Conference Room at 19 Harbor Loop on Aug. 8 at 5 p.m. A link to the meeting on Zoom, https://gloucester-ma-gov.zoom.us/j/86065315420, and the agenda can be found on the city’s website at www.gloucester-ma.gov.

    The Planning Board is scheduled “to review and discuss districts and draft zoning amendment language to comply with Chapter 40A 3A/MBTA Communities requirements,” the single-item agenda states.

    Planning Board Chair Rick Noonan said the board will be presented with the proposed multifamily zoning districts, the draft zoning amendment language and use table changes from the city’s consultant, RKG Associates.

    The Planning Board is expected to make a recommendation on the draft language for the ordinance changes for the City Council to take up. The council’s three-member Planning and Development Standing Committee will also weigh in.

    Both the Planning Board and the City Council would then hold public hearings on the proposed changes, and a public forum is being planned.

    “It’s been a fairly tight choreographed effort by all of us,” Noonan said. The work has involved digesting the public input as best the board and consultants could and work to craft sensitive zoning “as best we can.

    “We are at a good place to start the review,” he said, noting the amount of work that’s been done to get to this point. He said there are plans for a joint meeting among the Planning Board and the City Council, making sure to get as much public input as possible “keeping in mind there is a drop dead date.”

    The MBTA Communities Act requires each of the 177 designated MBTA communities to provide for at least one district of reasonable size permitting multifamily housing by right, according to a slide presentation on the law in May by RKG Associates and Innes Associates.

    The zoning cannot have age restrictions and it must be suitable for families with children. The zoning must have a minimum gross density of 15 dwelling units per acre and a portion of the district must be located within a half mile of a commuter rail station, in Gloucester’s case.

    Ethan Forman may be contacted at 978-675-2714, or at eforman@northofboston.com.

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    By Ethan Forman | Staff Writer

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  • Gloucester Police welcomes two new officers

    Gloucester Police welcomes two new officers

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    Two new officers who are also Gloucester natives have joined the ranks of the Gloucester Police Department.

    Officers Ryan Muniz and Kalyn Koller bring a wealth of knowledge, enthusiasm, and a commitment to serving Gloucester, the department said.

    Muniz graduated from the Massachusetts Police Training Committee Northern Essex Community College Police Academy in May. He attended Gloucester Public Schools and graduated from Gloucester High in 2019. In high school, he played hockey, golf, and tennis, and captained the hockey and golf teams.

    After high school, Muniz attended the University of Massachusetts Amherst, graduating in 2023 with a bachelor’s degree. Following his graduation, he worked at the Essex County Sheriff’s Department before joining the Gloucester force. Muniz recently completed his field training and is now eager to make a positive impact and engage with the community he has always called home, the department said.

    Koller graduated from the MPTC Lynnfield Police Academy last Tuesday and began her field training shortly thereafter. Koller, 24, is a Gloucester native who graduated from Rockport High in 2019, where she played softball and basketball. She earned her criminal justice degree from Endicott College, graduating with dean’s lst honors. During her time at Endicott, Koller interned with the Gloucester Police Department, an experience that solidified her dedication to a career in law enforcement.

    “I am honored to announce my appointment as a new officer with the Gloucester Police Department. I look forward to serving and giving back to the community I have always called home,” she said.

    Chief Edward Conley expressed his confidence in the new officers, saying, “We are thrilled to welcome Officers Muniz and Koller to our team. Their dedication, local roots, and commitment to service will undoubtedly strengthen our department and enhance our ability to serve the Gloucester community.”

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  • A massive prisoner swap involving the United States and Russia is underway, an AP source says

    A massive prisoner swap involving the United States and Russia is underway, an AP source says

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    WASHINGTON — A massive prisoner swap involving the United States and Russia is underway.

    That’s according to a person familiar with the matter on Thursday. The Americans considered by the U.S. to be wrongfully detained in Russia include Wall Street Journal reporter Evan Gershkovich and Paul Whelan, a corporate security executive from Michigan.

    Both had been convicted of espionage charges that the U.S. government considered baseless. Russia has long been interested in getting back Vadim Krasikov, who was convicted in Germany in 2021 of killing a former Chechen rebel in a Berlin park two years earlier, apparently on the orders of Moscow’s security services.

    Speculation had mounted for weeks that a swap was near because of a confluence of unusual developments, including a startlingly quick trial and conviction for Gershkovich that Washington regarded as a sham. He was sentenced to 16 years in a maximum-security prison.

    Also in recent days, several other figures imprisoned in Russia for speaking out against the war in Ukraine or over their work with the late Russian opposition leader Alexei Navalny were moved from prison to unknown locations.

    Gershkovich was arrested March 29, 2023, while on a reporting trip to the Ural Mountains city of Yekaterinburg. Authorities claimed, without offering any evidence, that he was gathering secret information for the U.S. The son of Soviet emigres who settled in New Jersey, he moved to the country in 2017 to work for The Moscow Times newspaper before being hired by the Journal in 2022.

    He had more than a dozen closed hearings over the extension of his pretrial detention or appeals for his release. He was taken to the courthouse in handcuffs and appeared in the defendants’ cage, often smiling for the many cameras.

    U.S. officials last year made an offer to swap Gershkovich that was rejected by Russia, and Biden’s Democratic administration had not made public any possible deals since then.

    Gershkovich was designated as wrongfully detained, as was Whelan, who was detained in December 2018 after traveling to Russia for a wedding. Whelan was convicted of espionage charges, which he and the U.S. have also said were false and trumped up, and he was serving a 16-year prison sentence.

    Whelan had been excluded from prior high-profile deals involving Russia, including the April 2022 swap by Moscow of imprisoned Marine veteran Trevor Reed for Konstantin Yaroshenko, a Russian pilot convicted in a drug trafficking conspiracy. That December, the U.S. released notorious arms trafficker Viktor Bout in exchange for getting back WNBA star Brittney Griner, who’d been jailed on drug charges.

    Litvinova reported from Tallinn, Estonia.

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    By Eric Tucker, Dasha Litvinova and Matthew Lee | Associated Press

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  • Trahan calls for fed probe of Steward finances

    Trahan calls for fed probe of Steward finances

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    BOSTON — U.S. Rep. Lori Trahan is urging federal authorities to investigate Stewart Health Care System’s plans to sell its Massachusetts hospitals after the bankrupt company announced plans to close two of the facilities.

    In a letter to the heads of U.S. Department of Justice, Federal Trade Commission and Department of Health and Human Services, Trahan said Steward’s decision to sell two hospitals — Carney Hospital in Dorchester and Nashoba Valley Medical Center in Ayer, will “have a long-lasting impact on accessible healthcare” in those communities.

    The Westford Democrat, whose district includes Ayer, called on the agencies to probe the closures and “closely monitor” the sale of Steward’s six other hospitals in Massachusetts, including Holy Family’s locations in Methuen and Haverhill.

    “It is crucial to ensure that healthcare services remain accessible and affordable for patients as these hospitals transition to new ownership,” Trahan wrote.

    The Department of Justice and other agencies recently launched an investigation into the impact of “greed” at Steward and other health care systems. As part of the investigation, the agencies plan to review the impact of private equity firms on patient health, worker safety and the quality of care for patients.

    The Texas-based company is also the target of an investigation by the U.S. Attorney’s office in Boston, which is probing allegations that include fraud and violations of the Foreign Corrupt Practices Act. The federal law prohibits U.S. companies or citizens from engaging in bribery and corruption overseas.

    Trahan’s request would expand the scope of that investigation to include “domestic crimes” as well as “the consumer harms patients have faced because of the company’s actions.”

    Trahan cited the role of the private equity firm Cerberus Capital Management in Steward’s finances in Massachusetts and other states. She said acquisitions and sale-leaseback deals enriched Cerberus and Steward’s executives, including CEO Ralph de la Torre.

    Last week, the U.S. Senate’s Committee on Health, Education, Labor, and Pensions voted to initiate the investigation and issue a rare congressional subpoena for Steward’s CEO Ralph de la Torre to testify on Capitol Hill before the panel at a September hearing.

    Steward plans to put its 31 U.S. hospitals up for sale to pay down $9 billion in outstanding liabilities owed to creditors as part of the company’s bankruptcy proceedings. The company filed for federal bankruptcy protections in May.

    Bids on Steward’s Massachusetts hospitals and other states were due last week= but the company hasn’t disclosed prospective buyers. The company’s attorneys have asked a federal bankruptcy judge on Monday to postpone a court hearing on the hospital sales until Aug. 13 as it finalizes lease terms and other details.

    Meanwhile, the Healey administration’s plans to provide about $30 million in repurposed state-Medicaid funding to keep the hospitals running as they transition to new ownership is facing opposition from a committee representing creditors during the company’s bankruptcy proceedings.

    In a court filing late Monday, the committee said it has “significant concerns” that the $30 million pledged by the state may provide near-term (and important) assistance in transitioning the hospital to new owners, “it will do so at the expense of the rest of debtors, their estates and their creditors.”

    Gov. Maura Healey has pledged that “not a dime” of the $30 million will go to Steward and will instead help ensure a smooth transition to new hospital ownership. But she noted that her administration has little or no authority to block the hospital closures.

    “It’s Steward’s decision to close these hospitals, there’s nothing that the state can do, that I can do, that I have the power to do, to keep that from happening,” Healey told reporters on Monday. “We are in this situation … because of the greed of one individual, Ralph de la Torre, and the management team at Steward.”

    Christian M. Wade covers the Massachusetts Statehouse for North of Boston Media Group’s newspapers and websites. Email him at cwade@cnhinews.com

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    By Christian M. Wade | Statehouse Reporter

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  • Trahan calls for federal probe of Steward finances

    Trahan calls for federal probe of Steward finances

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    BOSTON — U.S. Rep. Lori Trahan is urging federal authorities to investigate Stewart Health Care System’s plans to sell its Massachusetts hospitals after the bankrupt company announced plans to close two of the facilities.

    In a letter to the heads of U.S. Department of Justice, Federal Trade Commission and Department of Health and Human Services, Trahan said Steward’s decision to sell two hospitals – Carney Hospital in Dorchester and Nashoba Valley Medical Center in Ayer – will “have a long-lasting impact on accessible health care” in those communities.

    The Westford Democrat, whose district includes Ayer, called on the agencies to probe the closures and “closely monitor” the sale of Steward’s six other hospitals in Massachusetts, including Holy Family’s locations in Methuen and Haverhill.

    “It is crucial to ensure that healthcare services remain accessible and affordable for patients as these hospitals transition to new ownership,” Trahan wrote.

    The Department of Justice and other agencies recently launched an investigation into the impact of “greed” at Steward and other health care systems. As part of the investigation, the agencies plan to review the impact of private equity firms on patient health, worker safety and the quality of care for patients.

    The Texas-based company is also the target of an investigation by the U.S. Attorney’s office in Boston, which is probing allegations that include fraud and violations of the Foreign Corrupt Practices Act. The federal law prohibits U.S. companies or citizens from engaging in bribery and corruption overseas.

    Trahan’s request would expand the scope of that investigation to include “domestic crimes” as well as “the consumer harms patients have faced because of the company’s actions.”

    Trahan cited the role of the private equity firm Cerberus Capital Management in Steward’s finances in Massachusetts and other states. She said acquisitions and sale-leaseback deals enriched Cerberus and Steward’s executives, including CEO Ralph de la Torre.

    Last week, the U.S. Senate’s Committee on Health, Education, Labor, and Pensions voted to initiate the investigation and issue a rare congressional subpoena for Steward’s CEO Ralph de la Torre to testify on Capitol Hill before the panel at a September hearing.

    Steward plans to put its 31 U.S. hospitals up for sale to pay down $9 billion in outstanding liabilities owed to creditors as part of the company’s bankruptcy proceedings. The company filed for federal bankruptcy protections in May.

    Bids on Steward’s Massachusetts hospitals and other states were due last week= but the company hasn’t disclosed prospective buyers. The company’s attorneys have asked a federal bankruptcy judge on Monday to postpone a court hearing on the hospital sales until Aug. 13 as it finalizes lease terms and other details.

    Meanwhile, the Healey administration’s plans to provide about $30 million in repurposed state Medicaid funding to keep the hospitals running as they transition to new ownership is facing opposition from a committee representing creditors during the company’s bankruptcy proceedings.

    In a court filing late Monday, the committee said it has “significant concerns” that the $30 million pledged by the state may provide near-term (and important) assistance in transitioning the hospital to new owners, “it will do so at the expense of the rest of debtors, their estates and their creditors.”

    Gov. Maura Healey has pledged that “not a dime” of the $30 million will go to Steward and will instead help ensure a smooth transition to new hospital ownership. But she noted that her administration has little or no authority to block the hospital closures.

    “It’s Steward’s decision to close these hospitals, there’s nothing that the state can do, that I can do, that I have the power to do, to keep that from happening,” Healey told reporters on Monday. “We are in this situation … because of the greed of one individual, Ralph de la Torre, and the management team at Steward.”

    Christian M. Wade covers the Massachusetts Statehouse for North of Boston Media Group’s newspapers and websites. Email him at cwade@cnhinews.com.

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    By Christian M. Wade | Statehouse Reporter

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  • As he was about to go free, Missouri Supreme Court halts release of man with overturned conviction

    As he was about to go free, Missouri Supreme Court halts release of man with overturned conviction

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    The Missouri Supreme Court halted the immediate release Wednesday of a man whose murder conviction was overturned — just as the man was about to walk free.A St. Louis Circuit Court judge had ordered Christopher Dunn, now 52, to be released by 6 p.m. CDT Wednesday and threatened the prison warden with contempt if Dunn remained imprisoned. But Republican Attorney General Andrew Bailey has been fighting Dunn’s release.The situation was chaotic as the deadline set by the judge approached. Corrections Department spokesperson Karen Pojmann told The Associated Press that Dunn was out of the prison facility and waiting for a ride. His wife told the AP she was on his way to pick him up. Minutes later, Pojmann corrected herself and said that while Dunn was signing paperwork to be released, the Missouri Supreme Court issued a ruling that put his freedom on hold.St. Louis Circuit Judge Jason Sengheiser overturned Dunn’s murder conviction Monday, citing evidence of “actual innocence” in the 1990 killing. He ordered Dunn’s immediate release then, but Bailey appealed, and the state Department of Corrections declined to release Dunn.St. Louis Circuit Attorney Gabe Gore had filed a motion Wednesday urging the judge to immediately order Dunn’s freedom.“The Attorney General cannot unilaterally decide to ignore this Court’s Order,” Gore wrote.An attorney for the Department of Corrections told a lawyer in Gore’s office that Bailey advised the agency not to release Dunn until the appeal plays out, according to a court filing. When told it was improper to ignore a court order, the Department of Corrections attorney “responded that the Attorney General’s Office is legal counsel to the DOC and the DOC would be following the advice of counsel.”Dunn’s attorney, Tricia Rojo Bushnell, the executive director of the Midwest Innocence Project, expressed her frustration.“What is this bringing to taxpayers in Missouri? What is this use of our resources and our state’s time getting us?” she said. “All it’s doing is keeping innocent people in prison.”Dunn’s wife said while driving to the prison that they were numb when he didn’t get out earlier this week.“If you know a little about the story, you know we’ve had a lot of disappointments where we thought we’d finally get his freedom and it was snatched away,” Kira Dunn said. “So we were just bracing ourselves.”Dunn’s situation is similar to what happened to Sandra Hemme.The 64-year-old woman spent 43 years in prison for the fatal stabbing of a woman in St. Joseph in 1980. A judge on June 14 cited evidence of “actual innocence” and overturned her conviction. She had been the longest held wrongly incarcerated woman known in the U.S., according to the National Innocence Project, which worked to free Hemme.Appeals by Bailey — all the way up to the Missouri Supreme Court — kept Hemme imprisoned at the Chillicothe Correctional Center. During a court hearing Friday, Judge Ryan Horsman said that if Hemme wasn’t released within hours, Bailey himself would have to appear in court with contempt of court on the table. Hemme was released later that day.The judge also scolded Bailey’s office for calling the warden and telling prison officials not to release Hemme after he ordered her to be freed on her own recognizance.Dunn, who is Black, was 18 in 1990 when 15-year-old Ricco Rogers was killed. Among the key evidence used to convict him of first-degree murder was testimony from two boys who were at the scene of the shooting. Both later recanted their testimony, saying they had been coerced by police and prosecutors.At an evidentiary hearing in 2020, another judge agreed that a jury would likely find Dunn not guilty based on new evidence. But that judge, William Hickle, declined to exonerate Dunn, citing a 2016 Missouri Supreme Court ruling that only death row inmates — not those like Dunn sentenced to life in prison without the possibility of parole — could make a “freestanding” claim of actual innocence.A 2021 law now allows prosecutors to seek court hearings in cases with new evidence of a wrongful conviction.Although Bailey’s office is not required to oppose such efforts, lawyers for his office said at the hearing that initial testimony from two boys at the scene who identified Dunn as the shooter was correct, even though they recanted as adults.He also raised opposition at a hearing for Lamar Johnson, who spent 28 years in prison for murder. Another St. Louis judge ruled in February 2023 that Johnson was wrongfully convicted, and he was freed.Another hearing begins Aug. 21 for death row inmate Marcellus Williams. Bailey’s office is opposing the challenge to Williams’ conviction, too. Timing is of the essence: Williams is scheduled to be executed Sept. 24.Steven Puro, professor emeritus of political science at St. Louis University, said Bailey is in a highly competitive race for the attorney general position with the primary quickly approaching on Aug. 6.“Bailey is trying to show that he is, quote, ‘tough on crime,’ which is a very important Republican conservative position,” he said. “Clearly, he’s angering members of the judicial system that he will have to argue before in the future. But he’s making the strategic notion that he needs to get his name before the voters and try to use that to win the primary election.”Michael Wolff, a former Missouri Supreme Court judge and chief justice, agreed, saying it seems this has become political for Bailey.“But one of the things is that no matter what your beliefs are, if a court orders something to happen, it’s not your purview to say no,” he said. “The court has to be obeyed.”___Hollingsworth reported from Mission, Kansas; Associated Press writer Summer Ballentine contributed from Columbia, Missouri.

    The Missouri Supreme Court halted the immediate release Wednesday of a man whose murder conviction was overturned — just as the man was about to walk free.

    A St. Louis Circuit Court judge had ordered Christopher Dunn, now 52, to be released by 6 p.m. CDT Wednesday and threatened the prison warden with contempt if Dunn remained imprisoned. But Republican Attorney General Andrew Bailey has been fighting Dunn’s release.

    The situation was chaotic as the deadline set by the judge approached. Corrections Department spokesperson Karen Pojmann told The Associated Press that Dunn was out of the prison facility and waiting for a ride. His wife told the AP she was on his way to pick him up. Minutes later, Pojmann corrected herself and said that while Dunn was signing paperwork to be released, the Missouri Supreme Court issued a ruling that put his freedom on hold.

    St. Louis Circuit Judge Jason Sengheiser overturned Dunn’s murder conviction Monday, citing evidence of “actual innocence” in the 1990 killing. He ordered Dunn’s immediate release then, but Bailey appealed, and the state Department of Corrections declined to release Dunn.

    St. Louis Circuit Attorney Gabe Gore had filed a motion Wednesday urging the judge to immediately order Dunn’s freedom.

    “The Attorney General cannot unilaterally decide to ignore this Court’s Order,” Gore wrote.

    An attorney for the Department of Corrections told a lawyer in Gore’s office that Bailey advised the agency not to release Dunn until the appeal plays out, according to a court filing. When told it was improper to ignore a court order, the Department of Corrections attorney “responded that the Attorney General’s Office is legal counsel to the DOC and the DOC would be following the advice of counsel.”

    Dunn’s attorney, Tricia Rojo Bushnell, the executive director of the Midwest Innocence Project, expressed her frustration.

    “What is this bringing to taxpayers in Missouri? What is this use of our resources and our state’s time getting us?” she said. “All it’s doing is keeping innocent people in prison.”

    Dunn’s wife said while driving to the prison that they were numb when he didn’t get out earlier this week.

    “If you know a little about the story, you know we’ve had a lot of disappointments where we thought we’d finally get his freedom and it was snatched away,” Kira Dunn said. “So we were just bracing ourselves.”

    Dunn’s situation is similar to what happened to Sandra Hemme.

    The 64-year-old woman spent 43 years in prison for the fatal stabbing of a woman in St. Joseph in 1980. A judge on June 14 cited evidence of “actual innocence” and overturned her conviction. She had been the longest held wrongly incarcerated woman known in the U.S., according to the National Innocence Project, which worked to free Hemme.

    Appeals by Bailey — all the way up to the Missouri Supreme Court — kept Hemme imprisoned at the Chillicothe Correctional Center. During a court hearing Friday, Judge Ryan Horsman said that if Hemme wasn’t released within hours, Bailey himself would have to appear in court with contempt of court on the table. Hemme was released later that day.

    The judge also scolded Bailey’s office for calling the warden and telling prison officials not to release Hemme after he ordered her to be freed on her own recognizance.

    Dunn, who is Black, was 18 in 1990 when 15-year-old Ricco Rogers was killed. Among the key evidence used to convict him of first-degree murder was testimony from two boys who were at the scene of the shooting. Both later recanted their testimony, saying they had been coerced by police and prosecutors.

    At an evidentiary hearing in 2020, another judge agreed that a jury would likely find Dunn not guilty based on new evidence. But that judge, William Hickle, declined to exonerate Dunn, citing a 2016 Missouri Supreme Court ruling that only death row inmates — not those like Dunn sentenced to life in prison without the possibility of parole — could make a “freestanding” claim of actual innocence.

    A 2021 law now allows prosecutors to seek court hearings in cases with new evidence of a wrongful conviction.

    Although Bailey’s office is not required to oppose such efforts, lawyers for his office said at the hearing that initial testimony from two boys at the scene who identified Dunn as the shooter was correct, even though they recanted as adults.

    He also raised opposition at a hearing for Lamar Johnson, who spent 28 years in prison for murder. Another St. Louis judge ruled in February 2023 that Johnson was wrongfully convicted, and he was freed.

    Another hearing begins Aug. 21 for death row inmate Marcellus Williams. Bailey’s office is opposing the challenge to Williams’ conviction, too. Timing is of the essence: Williams is scheduled to be executed Sept. 24.

    Steven Puro, professor emeritus of political science at St. Louis University, said Bailey is in a highly competitive race for the attorney general position with the primary quickly approaching on Aug. 6.

    “Bailey is trying to show that he is, quote, ‘tough on crime,’ which is a very important Republican conservative position,” he said. “Clearly, he’s angering members of the judicial system that he will have to argue before in the future. But he’s making the strategic notion that he needs to get his name before the voters and try to use that to win the primary election.”

    Michael Wolff, a former Missouri Supreme Court judge and chief justice, agreed, saying it seems this has become political for Bailey.

    “But one of the things is that no matter what your beliefs are, if a court orders something to happen, it’s not your purview to say no,” he said. “The court has to be obeyed.”

    ___

    Hollingsworth reported from Mission, Kansas; Associated Press writer Summer Ballentine contributed from Columbia, Missouri.

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  • Beverly man charged with trafficking cocaine

    Beverly man charged with trafficking cocaine

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    BEVERLY — The execution of a search warrant Wednesday has resulted in the arrest of a 58-year-old Beverly man on charges of drug trafficking.

    On Wednesday evening, members of the Beverly Police Drug Control Unit, with assistance from Salem police and detectives, executed a search warrant at the Beverly home of David Davis, 58, and charged him with trafficking over 100 grams of cocaine.

    A search of Davis’ home and vehicle located approximately 119 grams of cocaine in baggies of various sizes, a digital scale, and $1,033 in cash.

    A Beverly police detective was bitten by a dog while serving the search warrant. He was taken to Beverly hospital for treatment of injuries to his arm.

    Davis was taken into custody at the scene and pleaded not guilty at his arraignment Thursday in Salem District Court. He is being held on $10,000 bond, and a probable cause hearing has been set for July 24 in Salem District Court.

    The search was a result of an ongoing investigation.

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    By Buck Anderson | Staff Writer

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  • House approves plan to end ‘equity theft’ in foreclosure sales

    House approves plan to end ‘equity theft’ in foreclosure sales

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    BOSTON — The state House of Representatives has approved a proposal to stop “equity theft” from property owners who fall behind on their local taxes, which comes in response to federal and state court rulings that deemed the practice unconstitutional.

    The bill, which passed Wednesday by a vote of 154-0, would establish a process allowing delinquent property owners to claim “excess equity” within 60 days of a foreclosure sale or seizure by local governments.

    The excess equity would be determined by deducting the tax title account balance owed to a local government on date of a foreclosure judgment, the cost of appraisal, and other related expenses, according to the proposal. Property owners would need to file a claim to recoup the excess equity.

    The changes are a matter of fairness to property owners who shouldn’t lose equity in their home that they’ve built up over years because of an unpaid tax bill, lawmakers said.

    “No one, and no entity, should gain a windfall profit in a split second by stealing every bit of equity someone else has built over decades or a lifetime,” state Rep. Tram Nguyen, D-Andover, said in remarks ahead of the bill’s passage. “Not here. Not anywhere.”

    Another architect of the bill, state Rep. Mark Cusack, D-Braintree, said the changes are aimed at “protecting property owners and making towns whole” and ensuring that excess equity is “returned to the rightful owners.”

    To help prevent property owners from slipping into foreclosure, the proposal would require local governments to provide advanced notice to people who have fallen behind on their taxes and at risk of having a lien placed on their property.

    Movement on the legislation comes amid pressure on lawmakers to act following a series of court rulings over the past year holding that government can’t take value of someone’s property beyond taxes owed without reimbursement.

    A 2023 U.S. Supreme Court issued a ruling in a Minnesota tax foreclosure case that effectively deemed the practice unconstitutional by siding with a 94-year-old woman over her claim that a county government violated the Constitution by keeping a $25,000 profit when it sold her home in a tax foreclosure sale.

    Chief Justice John Roberts wrote in the ruling that taxpayers are only required to pay the government what it is owed and anything beyond that is an unconstitutional taking of property.

    “The taxpayer must render unto Caesar what is Caesar’s but no more,” Roberts wrote, in a reference to biblical scripture.

    In April, a Massachusetts judge added to the pressure on lawmakers to take steps to comply with the high court’s ruling. Superior Court Judge Michael Callan’s ruling in a Hamden County lawsuit deemed the law “unconstitutional,” saying “the statutory scheme, in its present form, is untenable and requires Legislative correction.”

    Massachusetts is among a dozen states, plus Washington, D.C., with tax foreclosure laws allowing local governments or investors to take dramatically more than what is owed from homeowners who slip into default.

    Under the state’s foreclosure law, cities and towns can sell or keep tax liens on delinquent properties. The lienholder — whether it’s a local government or investor — can file for foreclosure once the debt is six months old.

    Once a property is foreclosed on, the lienholder gets a deed and can keep or sell it. A lienholder can keep profits from the sale, under the law.

    Critics of the practice, including the Boston-based New England Legal Foundation, argue that if the government seizes a home to collect overdue taxes the homeowner should be allowed to collect the surplus revenue from the sale once the taxes are paid.

    Dan Winslow, the foundation’s president, said the House’s plan to fix the law “strikes a fair balance between the need for cities and towns to collect taxes for local services while protecting homeowners from being cheated out of their hard-earned equity.”

    A 2022 report by Pacific Legal Foundation found homeowners in Massachusetts and other states collectively lost more than $777 million in savings on more than 5,600 homes based on their market value, above what they owed in taxes. On average, homeowners lost 86% of their equity, the group said.

    Local governments, which often sell properties for a fraction of market value, collected about $26 million more than they were owed on 1,300 homes, the report said.

    Meanwhile, private investors collected an estimated $250 million more than they were owed on about 2,600 homes, the report’s authors said.

    In Massachusetts, the report identifies about 315 homes in the state — including several in Lawrence — that have been affected by home “equity theft” totaling more than $48 million.

    The House’s excess equity proposal must be approved by the state Senate before heading to Gov. Maura Healey’s desk for consideration.

    Christian M. Wade covers the Massachusetts Statehouse for North of Boston Media Group’s newspapers and websites. Email him at cwade@cnhinews.com

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    By Christian M. Wade | Statehouse Reporter

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  • Killer in 1987 Salem murder granted parole

    Killer in 1987 Salem murder granted parole

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    BEVERLY — A man who was serving a life sentence for a 1987 execution-style murder in Salem has been granted parole, despite the objections of the victim’s family and the Essex District Attorney’s office.

    Charles “Chucky” Doucette, who pleaded guilty to the second-degree murder of Raymond Bufalino, was granted parole by the state parole board on May 13.

    Doucette, who is now 64, shot Bufalino twice in the head as they were sitting in Bufalino’s car near Harmony Grove Cemetery on the Salem-Peabody line in 1987. He was also convicted of two violent home invasions while on bail awaiting trial, and was arrested when he was out on parole on two previous occasions.

    In its unanimous decision, the parole board said Doucette “has demonstrated a level of rehabilitation that would make his release compatible with the welfare of society.”

    In testimony before the parole board in March, Bufalino’s wife, Shauna O’Sullivan, pleaded with the board not to release Doucette.

    “With his tendency for violence I fear that he will reoffend,” she said in a video of the hearing. “I would hate to hear of another person having to live through the anguish and emotional turmoil that I went through. I believe he made his choice all those years ago and that he should be held accountable for his crimes.”

    O’Sullivan said her son was 9½ months old at the time his father was murdered.

    “I’m not angry or bitter,” she told the board. “I’m past that now, some 38 years later.

    “I feel I owe it to my husband’s memory to say something.”

    Bufalino’s sister and brother also spoke against giving Doucette parole. In a statement read by a victim service advocate at the parole hearing, Suzanne Maynard and Anthony Bufalino called Doucette a “menace to society and a true threat to society.

    “Look at what happened the first time he got paroled,” they said. “Nothing but trouble. So tell me, since being back in prison has he changed? I doubt it.”

    Essex County Assistant District Attorney Kayla Burns also spoke against parole, saying Doucette has continued to minimize his culpability and deflect blame.

    “He puts the blame on other people being in his life,” Burns said.

    During the hearing, Doucette, who has lived in Beverly and Peabody, said he has changed in his years in prison thanks to counseling and programs on subjects such as domestic violence and anger management.

    “I’ve always been bigger and stronger than most people. I always got my way through intimidation and being a total ass,” he told the parole board. “I’m not that person today. I have children. I have grandchildren. I have great-grandchildren. I don’t want them to make the mistakes I made. I want them to learn from the mistakes I made.”

    Doucette’s mother and sister spoke in favor of his release. His sister, Kim Malick, said Doucette has remained close to her children, who are now in their 20s.

    “He met my oldest daughter when she fit into the palm of his hand in prison,” Malik said. “I would love for him to have the opportunity to come home and see her.”

    Doucette had been granted parole twice previously and was arrested both times — once on a rape charge that was later dropped, and another on a domestic assault charge of which he was acquitted — and sent back to prison.

    In total, Doucette was serving seven life sentences for the murder, two counts of home invasion, two counts of armed robbery, and two counts of stealing by confining or putting a person in fear.

    He was denied parole in his last three attempts before the board granted parole in May.

    According to the board’s decision, Doucette has invested in his rehabilitation, including participating in domestic violence programs and counseling, and working and volunteering in the prison law library. “He has strong vocational skills and work ethic,” the board said.

    Doucette has maintained stable relationships with his family and has been sober since 1990, according to the board.

    He told the board he wanted to get his commercial driving license and move to Texas to be near his family.

    Bufalino, of Salem, worked for Doucette’s father at a Salem gas station and was considering a lawsuit after getting injured while working. Doucette was also angry that Bufalino owed him money, according to the parole board’s statement of the case.

    While seated together in Bufalino’s car, Doucette shot him once behind the right ear and once in the mouth. Bufalino’s body was found by his wife, who had gone to search for him. He was 30 years old.

    At the hearing, Doucette apologized to Bufalino’s family. At one point he broke down crying when he said that his own daughter no longer talks to him.

    “I know how bad it hurt me with my own daughter not being part of my life,” Doucette said. “I can’t put into words what I must have cost Ray’s family and his son especially.”

    After gaining parole, Doucette was scheduled to be released to a long-term residential program. Conditions included a 10 p.m. curfew, electronic monitoring at the parole officer’s discretion, a substance abuse treatment plan, domestic violence counseling, counseling for intimate partner/co-dependence relations, and no contact with the victim’s family.

    Staff Writer Paul Leighton can be reached at 978-338-2535, by email at pleighton@salemnews.com, or on Twitter at @heardinbeverly.

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    By Paul Leighton | Staff Writer

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