Judge dismisses more than 100 cases amid lawyer stoppage
'This case shall be dismissed without prejudice today,' she said as she threw out the case of a man accused of domestic violence.
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The dismissal with prejudice, as was the case with all the cases thrown out on Tuesday, means the cases can be refiled. But in the meantime, any conditions of release, such as GPS monitoring and orders to stay away from alleged victims drop away along with the case.
A large number of private attorneys known as bar advocates, who typically represent most of the state's indigent defendants,
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As the number of unrepresented defendants increased, a justice from the Supreme Judicial Court ordered the implementation of an emergency procedure known as the Lavallee protocol, which is meant to address the constitutional violations. The protocol, which currently applies to district courts in Suffolk and Middlesex counties, requires judges to release people held for more than seven days without access to a lawyer, and to dismiss any cases that have gone for longer than 45 days without an attorney.
The seven-day hearings have been running for weeks and have resulted in about two dozen people released. Tuesday brought the first of the 45-day hearings. They're scheduled to continue in Boston every other Tuesday.
Sean Cotter can be reached at
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Atlantic
5 hours ago
- Atlantic
‘I Need This to Be a Homicide'
It was exactly the kind of case that a prosecutor eager to win more death-penalty convictions looks for: When he arrived at UPMC Children's Hospital of Pittsburgh in 2022, 11-week-old Sawyer Clarke had fractures in both legs and bleeding behind both eyes from a brain hemorrhage; he died a day later. His father, Jordan Clarke, had been supervising Sawyer at the time, and insisted that he hadn't hurt his son on purpose, but rather had slipped on a plastic grocery bag while holding him and had fallen on top of him. Evidently nobody in a position of authority took his explanation seriously. In very short order, Clarke was arrested and charged with homicide. He remains in police custody awaiting his trial, where he will face the death penalty. But the district attorney in Pennsylvania's Washington County, Jason Walsh, was apparently not as certain about the nature of the case as his quick decision to seek capital punishment would suggest. This week, a petition filed in the Pennsylvania Supreme Court argues that Walsh deliberately tampered with the child's death certificate, allegedly telling Timothy Warco, his county's coroner, 'You know that I need this to be a homicide. I need it to win an election.' Warco claims that Walsh then pressured him into producing a certificate that listed the death as a 'homicide, with shaken baby syndrome/abusive trauma as the mechanism.' A copy of this allegedly fraudulent death certificate is included in the petition. (Walsh disputes Warco's account, calling the allegations 'false and without merit.') Society detests child murders, and capital punishment in that context can be especially appealing to the voting public. A canny prosecutor might deduce, therefore, that harshly punishing child killers would increase their odds of reelection. An affidavit signed by Warco suggests that Walsh had said as much privately. If Walsh did what the petition alleges, it is not only a shocking case of prosecutorial misconduct but also proof of a point that advocates against the death penalty have long argued: The punishment, theoretically reserved for the worst of the worst, is in fact exploited by prosecutors for political advantage, even in cases where guilt is unclear. The petition was submitted by the Atlantic Center for Capital Representation, a nonprofit group (with no connection to this magazine), on behalf of Jordan Clarke and another defendant. It describes Walsh's lusty pursuit of the death penalty since he became DA, in 2021: 'His office has sought a death sentence in 11 out of 18 homicides, a shocking percentage (61%) far outside the mainstream of Pennsylvania capital prosecutions.' (Walsh dismissed the petition as 'an attempt by a liberal Philadelphia anti-death penalty group to throw a liberal Hail Mary and also create a liberal smear campaign against a Republican.') Warco's affidavit lays out what he says happened after the baby's death. The longtime medical examiner in Allegheny County, where the hospital is located, was responsible for performing the autopsy—but Warco attests that Walsh conspired to change jurisdiction over the autopsy to his own county. He did this, presumably, because he doubted that Karl Williams, who was then Allegheny County's chief medical examiner, would rule the death a homicide, and because believed that he would have more sway over Warco, his local coroner, who indeed eventually acted as he directed. (Walsh disputes these allegations too: 'They are made by an individual, whom I have an established record in the Court system of challenging his ability to do his job as coroner. He admits in an affidavit to being a liar and perpetrating a fraud.' He added: 'This Office will protect children and seek justice for children when they are victims of heinous crimes.') The autopsy was carried out by Warco's office, which determined that the cause of death was 'blunt force trauma to the head' but was unable to determine the manner of death. Those findings were forwarded to Williams's office, which ruled that the manner of death 'could not be determined.' Warco alleges that Walsh, unhappy with this result, pressured him into filing a second death certificate, this one listing the manner of death as a homicide, and shaken-baby syndrome as the mechanism. When I spoke with Williams, he confirmed that he would never have produced the certificate that Walsh desired. 'The most pernicious dogma, especially in pediatrics, is that you can grab a baby and shake them to death,' Williams told me. 'There is no scientific foundation for the ability to shake a baby to death,' he said. 'It has no science.' The most common criteria for ruling that a child died of shaken-baby syndrome are bleeding in the tissue at the back of the eye and bleeding near the brain. But those injuries can result from a variety of different kinds of trauma. Williams told me that he has been fighting against the notion of shaken-baby syndrome for more than 20 years—and had ruled the manner of death in at least one potential shaken-baby case 'undetermined' rather than homicide. That coroners continue diagnosing shaken-baby syndrome, and that prosecutors keep basing cases on it, despite the fact that the syndrome has come under scientific and legal scrutiny, is 'horrible, it's frightening, it's scary,' Williams said. And it could get an innocent person killed. Walsh's alleged plan to evade that 'undetermined' ruling eventually failed. Pennsylvania state officials rejected Warco's death certificate, ruling that he lacked jurisdiction in the case, despite Walsh's attempt to convince the court otherwise. But Jordan Clarke is still charged with homicide and aggravating factors including 'torture,' and, if convicted, could still face the death penalty—unless the Pennsylvania Supreme Court intervenes. The petition asked it to do just that, and to curtail Walsh's capacity to pursue the death penalty going forward. If he did what the coroner alleges, it could be construed as obstruction of justice, and it raises the dark possibility that more of Walsh's cases may be similarly corrupted. This story also provides a glimpse into the machinery behind capital punishment. Prosecutors, the petition reminds readers, have 'considerable discretion to seek the death penalty,' and 'might abuse that discretion in a corrupt, illegal, unconstitutional, and self-aggrandizing way.' If nothing else, this case undermines the presumption that the death penalty is administered fairly. It's impossible to know how many Jason Walshes there might be in America prosecuting cases right now, nor how many Jordan Clarkes, staring down death.
Fox News
16 hours ago
- Fox News
Newlyweds' honeymoon trip ends in fiery crash that kills husband and baby daughter
A newlywed's life was shattered when her husband and 1-year-old daughter were killed in a fiery head-on car crash while returning from their honeymoon. "Macey, Hunter and Oakleigh were in a horrific car accident yesterday on their way home from their honeymoon in Pigeon Forge," wrote Leigh Ann Payne-Weisser, Macey's mother, in a Facebook post. She added that her daughter was taken to the burn unit at the University of Louisville Hospital to be treated for her injuries. "Hunter and Oakleigh are now with our Lord and Savior. Please keep Macey and our families lifted in prayer," she wrote. According to Kentucky State Police, the crash happened on July 26, when a Ford F-150 traveling south on Kentucky Route 261 in Breckinridge County veered across the center line for unknown reasons and collided with a Chevrolet Silverado. The impact caused both vehicles to burst into flames. Police said Hunter Lyons, 22, and a 1-year-old child passenger were pronounced dead at the scene by the Breckinridge County Coroner's Office. The tragedy happened just seven days after the couple's July 19 wedding, according to their online wedding page. An obituary described Hunter as an active member of Constantine Missionary Baptist Church who often sang and played guitar during services. He loved the outdoors, hunting, riding horses, tractors and his 4-wheeler. The couple's 1-year-old daughter was remembered as having a smile "like a ray of sunshine" that reflected her "sassy personality." Friends and family have launched several fundraisers to help Macey with expenses. Police said Joseph Maynard, 48, of Owensboro, the driver of the F-150, also died at the scene. Stepheny Price is a writer for Fox News Digital and Fox Business. She covers topics including missing persons, homicides, national crime cases, illegal immigration, and more. Story tips and ideas can be sent to
New York Post
18 hours ago
- New York Post
Long Island fire chief accused of storming state lawmaker's office in ICE feud now facing trespassing charge
A Democratic Long Island lawmaker is pressing charges against a local fire chief who he claims barged into his office and traumatized his staff after the duo feuded over the fire department's participation in ICE raids earlier this month. State Assemblyman Phil Ramos has issued a trespass against East Brentwood Fire Chief Bryant Figueroa — meaning he can't go near the office again without being arrested — and formally pressed charges against the volunteer firefighter after a July 10 stand-off following days of public feuding. 'Figueroa's actions represent a clear violation of New York State Penal Law,' Ramos said in a statement announcing that charges against the chief were filed. 3 New York State Assemblyman Phil Ramos has pressed charges against East Brentwood Fire Chief Bryant Figueroa. 'His aggressive and unannounced entry created an atmosphere of fear and uncertainty in what should be a safe and respectful workplace.' A spokesperson for Ramos said the charges have been officially handed over to the DA, but since the violation isn't criminal, Figueroa will only receive a court summons and will not be arrested. The DA did not respond to a request for confirmation, but Suffolk County police told The Post that charges have not been officially filed, and that the department is still investigating the lawmaker's claims. But Figueroa shot back at Ramos after learning of the charges, accused him of using his political influence to pressure cops into pursuing baseless charges. 'Assemblyman Phil Ramos filed charges against me — first by approaching the New York State Police in a confrontational manner — when informed that no crime had been committed, he then went to the local precinct, applying pressure in what appears to be a clear abuse of his title and influence,' Figueroa said. 3 Ramos claims Bryant stormed into his office and traumatized his staff after they argued over the fire department's involvement in the ICE raids earlier this month. East Brentwood Fire Department 'This behavior is deeply troubling, particularly from someone who once wore a badge.' The political rivalry started in early July, after unmarked ICE agents and vehicles were confirmed to be operating a makeshift base out a local firehouse's parking lot — sparking anger from Ramos who led a protest accusing local fire officials of aiding the feds in their local immigration raids. East Brentwood's fire officials told The Post they had no prior knowledge of ICE using the fire station's parking lot as a base, adding that as a state entity, it can't stop a federal agency from using the site, which they also said is public property. After days of public chastising from Ramos, Figueroa showed up to his office 'visibly angry' and 'intent on confrontation,' adding the chief ignored staff and charged toward his private office and forcibly entered, the assemblyman said. 3 In a statement, Ramos said, a clear violation of New York State Penal Law.' East Brentwood Fire Department Ramos was not present at the time of the incident, but said his staff is still traumatized from Figueroa's actions. Local firefighters, however, believe the 'petty' public spat between the pair has gone on far too long and needs to come to an end. 'If I'm honest, neither person is correct in the situation,' one firefighter told The Post under the agreement on anonymity. 'It's very childish from both people involved,' they added.
