County mourns Gerard Downing
PITTSFIELD, Mass. — Colleagues of Gerard D. Downing, Berkshire County district attorney, who died Monday at age 52 after an apparent heart attack while shoveling snow in his driveway, expressed shock and grief at his passing. And in their recollections, there emerged a portrait of a consummate professional prosecutor noted for his great compassion, his Irish wit and his devotion to family and community.
"As a prosecutor there was none better," said North Adams Director of Public Safety E. John Morocco. "And his compassion was what made him a great prosecutor. His Irish wit permeated his personality. I know that I will miss him terribly."
Downing drew praise from police chiefs and detectives, judges, social workers, fellow district attorneys, school administrators and the county sheriff. Many of their tributes encompassed his efforts to set youngsters on a straight path rather than merely concentrating on punishment.
Juvenile Court Judge Paul Perachi said he first knew Downing as his ninth-grade algebra teacher at St. Joseph's Central High School in Pittsfield.
"He was always interested in the kids, always an advocate," said Perachi, who served with Downing on the board of the Catholic Youth Center. "He was a prosecutor who tried to address the issues rather than just reacting to the problem."
Perachi said Downing did more than react to criminal activity, he worked in positive initiatives to prevent it. "He was proactive rather than reactive," he said. "For his family and the legal community, and for Berkshire County at large, it's a huge loss."
Berkshire County Sheriff Carmen C. Massimiano worked with Downing on what he termed "a myriad of issues."
"He was a real leader," Massimiano said. "Not only was he a leader here, protecting our citizens, but a leader throughout the commonwealth. He always acted with integrity and decency, and he was a very proud husband and father. He was a very fine public servant, who played a very large role in the criminal justice system of Berkshire County and the commonwealth, so we're all losers."
Robert Scott, recently retired as detective lieutenant of the state police unit attached to the district attorney's office, said, "He was such a dedicated, hardworking public servant, and he loved being district attorney, loved every part of it. I don't think there was a single DARE graduation he missed. He was so intertwined with the community. He was just always there for everyone. He loved his job, loved serving the people."
He added, "Gerry and I burned a lot of midnight oil together. We worked a lot of the most dreadful kinds of cases. He was the kind of guy who rolled up his sleeves and was right there with you. ...
"He was, of course, the consummate aggressive prosecutor, but he knew this job had to be tempered with compassion. He always looked at the human side of things. There was hardly anyone in Berkshire County he didn't know, and he knew their mothers and fathers and grandparents. He was such a gregarious kind of person, full of life and energy. And he was always in touch and in tune with his children."
Jennifer Stokes, executive director of Kids' Place, called Downing "a tireless advocate for child victims and adult victims. He really wanted to see that the kids were OK."
Kids' Place works throughout the county with the district attorney's office in coordinating investigations of allegations of child abuse.
"Gerry had tremendous commitment to child victims, to ensuring that they received justice," Stokes said. "He saw child-abuse cases as among the most important cases in the DA's office."
Northwestern District Attorney Elizabeth D. Scheibel served with Downing on the board of the Massachusetts Office for Victim Assistance, a state agency representing the interest of crime victims.
"He was very, very vocal about protecting victims," said Scheibel, who recently succeeded Downing as president of the Massachusetts District Attorneys Association. "He was brilliant but didn't need to have everyone know it."
Like many, she praised Downing's down-to-earth manner. "He often used his humor to defuse difficult situations," she said. "And Pam [his wife] and his children were his heart and soul."
Barnstable District Attorney Michael O'Keefe called Downing "a major contributor in shaping every policy position that the DA's association has taken for many, many years. His perspective on a great many issues is just irreplaceable."
O'Keefe, whose career paralleled Downings' said he often sought his advice. "He was just a tremendous source of reason and experience," said O'Keefe, who also praised Downing's wit. "He had the Irish gift of a tremendous way with words."
Berkshire Superior Court Judge Daniel Ford said, "It's a sad day around here." Ford praised Downing's prosecution of Wayne Lo, the student who went on a shooting rampage at Simon's Rock of Bard College, and of serial killer Louis Lent of North Adams, both now serving life sentences.
"He conducted himself at all times with great dignity and great class," Ford said. "He was fair-minded, and his integrity was above reproach. He was innovative in handling those difficult kinds of cases, especially child-abuse cases."
Ford, who worked with Downing for a few years in the district attorney's office, added, "He was a firm believer in the team approach. People in his office were assigned certain tasks, and he encouraged them to work closely with other law enforcement professionals and child advocates. He worked hard to ease the burden on child victims. He cared very deeply about people who were victims of crime."
Supreme Judicial Court Associate Justice Francis X. Spina called Downing "one of those politicians who give politicians a good name. He could be tough when he had to be tough, and he could be compassionate when it was called for. It's a big loss for the community."
Downing was sworn in as Berkshire County district attorney in January 1991, having formerly been assistant to Anthony J. Ruberto Jr.
Lee Flournoy, an assistant district attorney before going into private practice, said, "He told me once that when he was little, every day when he went to school his mother said, 'Do your best.' That's exactly his legacy. He did his best."
She added, "Even when he was angry, he could be funny. He was ineffably cheerful. When we were all there together, we had what we called the bull pen, cubicles in a huge room, and the level of merriment was such that I nearly had to resort to earplugs. It was a very hardworking, very jolly bunch of people. And Gerry was the person that I asked Tony [Ruberto] to have try child-abuse cases when I left on maternity leave."
Downing also had the respect and affection of the defense attorneys he contended with in the courtroom. Attorney George Crane, preparing the eulogy he planned to deliver at a special memorial service at Berkshire Superior Court, said, "He was a tough prosecutor, but he was extremely fair and always courteous, always respectful of the opposition. He was a good, good man."
"We were on the opposite sides of several murder cases," Crane recalled. "He was ethical and he was fair. And he knew what he was doing."
Attorney Leonard Cohen, like Crane a noted defense attorney, said, "He took his job seriously and he did it very well. The fact that it's a very professional office to deal with is due in large measure to how he ran the office. And whether he was in court or outside on the street, he was a delightful personality."
Police chiefs across the county were among those who praised Downing's contributions to law enforcement.
Pittsfield Police Chief Anthony Riello called Downing "a good friend, a true professional and a friend of law enforcement. He was a critical part of the criminal justice system here and a true victims' advocate."
Stockbridge Police Chief Rick Wilcox said, "I always thought he was wonderful. He was easy to work with, down to earth, had great common sense and a great sense of humor. He was not only a great attorney, but he put people at ease. He had a real sense of how to deal with people — other lawyers, police, victims, even defendants, it didn't matter."
He added, "It's a job that requires a lot of very different skills. It's adversarial, and you need to be able to do that. But you also need to balance dealing with very diverse groups, and maintain balance and integrity, and he was able to do that."
Williamstown Police Chief Arthur A. Parker Jr. called Downing "not only a cop's DA but a true gentleman."
"Gerry Downing was the type of DA who sent people to jail when they deserved to go to jail," Parker said. "Gerry considered domestic violence the serious crime that it is, and the sentences that his staff got for batterers proves it."
Social services workers also praised Downing's efforts and involvements. Michael Harrigan, a supervisor with the state Department of Social Services, said, "He was very much involved with the adolescent population. He had meetings on a monthly basis with all local schools and the Department of Social Services. He really spearheaded this cooperative communications around children needing help."
John Whalen of DSS called Downing "a strong advocate of coordinating services between social services and the criminal justice system in child-abuse cases. He was a strong advocate for victims and worked very hard to develop an interdisciplinary investigation system. He was a compassionate individual and a father. He cared about his own children and he cared about the rights of children."
Downing, a Pittsfield native, graduated from St. Joseph's Central High School in 1969 and remained closely involved with the school. He graduated in 1973 from Providence College and received his law degree from Suffolk University School of Law in 1979. Before joining the district attorney's office in 1983, he spent three years with the law firm of Katz & Lapointe.
Besides serving on the CYC board, he coached youth sports there and was chairman of St. Teresa's Parish Council. At St. Joseph's, academic dean Lillian Quinn said, his entire family was involved in the school. Three of his children — Benjamin, Nathaniel and Margaret — are graduates, and Nicholas is currently a junior there. Their mother is a frequent substitute teacher. Downing's sister, Margaret Downing, is school principal.
"He was not only a pillar of the legal system of the county but a pillar of the community and of St. Joseph's High School," Quinn said.
Frederick A. Lantz, who worked with Downing for 20 years and served as his spokesman, said, "He had a great sense of humor and he loved Berkshire County. Everything he did was with an eye to making this a better place to live and bring up children."
Northern Berkshire Clerk Magistrate Timothy Morey called Downing "a wonderful person and a great public servant."
"He was perfect for the job of district attorney," Morey said. "He had great judgment in prosecutorial discretion, and he was always trying to make the court system work better and more efficiently. He is going to be really missed."
Downing's funeral will be tomorrow, Thursday, Dec. 18, at 11 a.m. at St. Teresa's Church. A Liturgy of Christian Burial will celebrated, with the Rev. John J. Varley, pastor, officiating. Calling hours are at the church today, Wednesday, Dec. 17, from 3 to 7 p.m. Burial will be in St. Joseph's Cemetery. In lieu of flowers, donations in Downing's memory may be made to the Downing Children's Education Fund or to a scholarship fund to be established at St. Joseph's Central High School, in care of Devanny-Condron Funeral Home, 40 Maplewood Ave., Pittsfield.
