The Boston Herald’s Howie Carr turns his trademark outrage on Newton District Court Judge Mary Beth Heffernan and Newton’s Welcoming city policy in his latest column.
Here’s an earlier Herald story and stories about the incident from The Globe and The Heights.
I am confused Greg – Are you upset about Carr’s article on this case and judge or the fact that this person raped a BC student ,was here illegally and now cannot be found by ICE because the judge did not impose the bail that the DA had requested?
I think Carr hits the nail on the head in his article and I can’t possibly fathom why anyone would think otherwise.
As reported, it was an absolutely outrageous action on the part of the judge.
Of course in the usual Carr way, he then tried to drag in Newton’s Welcoming City ordinance which has zero bearing on any of this.
The really frustrating part about this is we have a serious problem. But the problem isn’t immigration, it’s bail policies.
Right now, our bail system basically lets rich people out of jail to await trial and keeps poor people in jail. Our bail system is not based on ability to pay vs.risk of flight, and as this situation illustrates, it doesn’t account enough for risk of harm to the community. There are risk assessment tools used by other states, but judges aren’t required to use them here.
For a fact sheet on bail reform in Massachusetts, see here: http://www.cjpc.org/2015/H.1584-Pretrial-Bail-Reform-Fact-Sheet.pdf
So my question is, why are we using this situation as an example of an immigration problem when it very clearly points to a problem with our bail procedures?
I agree that our Bail System needs a lot of work but that isn’t the major issue here. Newton and other surrounding areas now have a previously deported, gang affiliate and alleged rapist in our neighborhoods. He uses multiple aliases and could be driving your next Uber. Welcoming City or not; the judge had every reason to set the bail higher and/or respect the fact that ICE was in the process of drawing up a detainer and not let him just roam free! It’s not that he’s an immigrant, he’s a criminal!
I’ve never understood how Howie Carr continues to be taken seriously – here we have an individual who has allegedly drunken his few remaining neural dendrites into oblivion – as evidenced by his propensity to be involved in one-car crashes in early hours of the morning (accidents which were conveniently investigated by his hometown police force, which for some reason fails to administer sobriety tests).
http://archive.boston.com/yourtown/news/wellesley/2009/09/boston_herald_columnist_howie.html
https://www.boston.com/news/local-news/2014/11/05/howie-carr-hospitalized-after-car-crash
I encourage everyone to read this story:
A women was raped in Newton by an illegal immigrant Uber Driver. Newton Judge sets bail for only $2,500… the suspect has now disapeared
So sad… I hope the Newton ordinance can be modified to prevent future illegal immigrant rapists in Newton from just ‘walking away’
http://www.bostonherald.com/news/local_coverage/2017/04/ice_seeks_uber_rape_suspect
I can’t see how the ordinance has anything to do with this. The ordinance relates to actions by the NPD and city employees – the judge is not an employee of the city. Her (ridiculous) decision to set low bail for someone with a criminal record accused of a violent crime who was a clear flight risk was completely her own, and in opposition to the DA’s recommendations.
@Bugek – that was a horrific story but I think you’re barking up the wrong tree. The city of Newton and it’s ordinances have no bearing on this story. It’s the state’s judiciary that you should be pushing back on. The city of Newton has no say in how the costs set bail.
Typo – Costs = courts
Jerry, Reilly
The ordinance sets the tone for the City. Certainly things like running a stop sign, broken tail lights should not involve ICE unless the person has an existing arrest warrant…. but
How can an illegal immigrant charged with raping a young women not be placed in a Newton prison cell until ICE comes to confirm their status? This guy lives under random names and is now “long gone”.
Regardless of his immigration status, $2,500 bail for rape ordered from a Female Judge? WHAT! Even worse for an illegal immigrant who can just ‘disappear’ with little ties
I would love to see Newton Residents petition to patch up these kind of loop holes… I would love to see Newton residents “March” in support of this poor women, but they won’t want to be accused of being racist
bugek – did you read the story? ICE was very much aware of this individual, and working on a hold. Do you understand how the judicial system works? The guy was arraigned before a judge who set bail, which the defendant met. There’s nothing NPD can do – they can’t hold someone who has made bail. This issue is the judge.
Tricia,
What can Newton residents do to make sure this can never happen again?
There must be something… Anything
So essentially, If I’m rapist who happens to be an illegal immigrant (or someone who we easily flee to another country).. . targeting females in Newton gives me the best chance of walking free…
@Bugek: You are either confused or deliberately confusing the details to serve your point. Heffernan is a district court judge who happens to be assigned to the district courthouse which happens to be in Newton.
Greg,
I’m focusing on what can be done to avoid this illegal immigrant ‘loophole’ for criminals. If the rapist was American, their options to flee the country are limited and are likely easy to be tracked down. An illegal immigrant can flee back to their home country without a trace, because we really didn’t know “who” they were in the first place (false names, stolen identities etc)
What laws need to be changed to avoid this?
The only solution I can think of is a new law: no bail for illegal immigrants for crimes such as rape, murder, assault.
The argument will be, should illegal immigrants be afforded the same legal rights as American Citizens when it comes to bail?
There is no “illegal immigrant loophole”. In Massachusetts, the judge has almost complete discretion on whether a defendant is granted bail, the amount of bail, and any conditions (i.e. “stay away” and electric monitoring.) This judge used her discretion to set a relatively low bail with “stay away” as the only condition, over the objection of the prosecutor. The only way to change this would be to remove or at least seriously restrict judicial discretion on bail; it has nothing to do with a city ordinance.
“The only solution I can think of is a new law: no bail for illegal immigrants for crimes such as rape, murder, assault.”
As sane as a law such as that would sound to most people, methinks many on this board would consider it hateful and unwelcoming…
@Leopold: Those are horrible crimes to be sure. But we have a bail system because people in this country are innocent until proven guilty. Bail should be set and conditions imposed based on risk of flight, danger to the community, and whether the imposed bail and conditions would sufficiently reduce the risk of flight or danger.
There must some *facts* missing somewhere in the news report. What sane person would grant a $2,500 bail for a rape suspect who is clearly a flight risk.
Either the he knew the victim somehow (unlikely as she was picked up by Uber), the victim has made false rape claims in the past, there was zero evidence (only he said/she said)..
or
The female judge has early signs of dementia, is so PRO illegal immigrant that it has clouded her judgement to extreme levels.
Its so unjust…
What Bryan and Tricia said over this thread.
I may have missed this, but I didn’t read anywhere in the article (I’m sure you’ll all correct me if I’m wrong) where the accused was ever found guilty of raping anyone. Therefore, technically he isn’t even a rapist. He’s an accused rapist.
I understand where there’s so many accusations people are ready to convict, but until he’s actually convicted…he’s innocent.
On the main issue, which is the judge’s bail, at this point in time she is within her discretion. Maybe the talk should be about changing the bail policies, as Bryan referenced, technically she didn’t do anything wrong.
Although, I am as alarmed as everyone else.
bugek, why does it matter that the judge is female?
It seems like a poor decision on the amount of bail set by the judge. End
Marti
When I hear stories about rapists going free, I always imagine a MALE “chauvinist pig” who has no respect for women.. their ruling based on ‘blaming victim”. In this case, there isn’t another excuse I think of….
Perhaps “in general” bail terms for rapists are very low?? Since, its not something ppl generally follow.. I can’t image why
So is there a way to know if the bail the judge set is consistent with how she sets bail in similar cases? Because if she always set $2500 for accused rapists than so be it. But if she only sets this type of bail for Illegal Immigrants with multiple names who are accused of raping a BC student who took an Uber etc then we may have an issue with the fact that he did this in a Welcoming Community and that swayed the judges bail amount and the fact that she couldn’t wait till ICE prepared the paperwork – she could have ordered a GPS since this case seems so suspicious. I am sure that someone on this blog would be able to find this information.
Joanne: You are missing the same point that bugek keeps ignoring, this is a district court matter. Newton’s Welcoming City Ordinance is a municipal matter.