PITTSFIELD, Mass. — The Supreme Judicial Court ruled on Monday that a trial court judge may extend pretrial holds on some defendants to protect the community and victims because of a delay in jury trials.
Berkshire District Attorney Andrea Harrington's office previously argued for the court to create such a balancing test that emphasizes case-specific circumstances, local conditions, and progression toward resuming jury trials to find the balance between a defendant's due process rights and public and victim safety.
The Supreme Judicial Court took up the matter in Commonwealth v. Scott Smith and consolidated it with two other appeals from in the state.
Previously, Central Berkshire District Court ordered the defendant in the matter of Commonwealth v. Scott Smith to be held pretrial after being found dangerous in a domestic violence case and subsequently violating the conditions of his pretrial release when he was charged with possession with intent to distribute a class B substance.
The court scheduled the trial for April but the Trial Court delayed all jury trials amid the COVID-19 pandemic. On May 11, a justice of the District Court released the defendant over the district attorney's objection.
Harrington argued that the court should extend the defendant's release date because of court closures. The Supreme Judicial Court agreed with the district attorney and overruled the District Court judge's order that he be released.
The Supreme Judicial Court found that the length of time defendants are held pretrial under dangerousness or bail revocation statutes during the COVID-19 pandemic is excluded from limitations posed on both of those statutes.
"This decision provides the right process in determining pretrial detention during these unprecedented times. We cannot put victims and the public at an additional risk just because the court delayed jury trials," Harrington said in a statement.
"I thank the justices for hearing the argument and coming to a determination that balances public safety and due process. My office will hold these individuals accountable through the jury trial process as soon as the courts can safely reconvene juries."
The Berkshire District attorney's office appealed the lower court's finding, arguing that the judge did not correctly apply the law and stressed the urgency of holding defendants accountable through jury trials as soon as possible. The court expects to resume jury trials in September.
The district attorney said she recognizes that there must be limits to pretrial detention, implemented policies to limit the number of individuals held on low-level charges, and is now working with the Court to safely resume jury trials to bring defendants to justice as soon as possible.
The office's bail policy already reserves pretrial incarceration only for those who pose a danger to the community or individuals and the Office seeks reasonable conditions of release for the majority of defendants arraigned.
However, there are indicators that domestic violence and child abuse increased significantly because of the stressors associated with the pandemic.
Pittsfield data showed that domestic assault quadrupled compared to this time last year and the rate of threats increased nearly tenfold.
Mandated reporters are seeing fewer children, putting children at a heightened risk of abuse. The DA's office received 52 percent fewer referrals during the pandemic than this time last year.
In March, the SJC acted in response to an emergency petition calling for the reduction in population inside prisons, jails, and houses of correction filed by the Committee for Public Counsel Services, the Massachusetts Association of Criminal Defense Lawyers, and the ACLU Foundation of Massachusetts when infectious disease experts warned of devastating effects an outbreak of COVID-19 would have in prisons and jails.
Harrington then negotiated with a Special Master appointed by the Supreme Judicial Court and criminal justice agencies across that state to secure protections for victims and the community, specifically regarding domestic violence and child abuse, by excluding those defendants from a presumption of release.
That order provides individuals held pretrial for certain non-violent crimes the presumption of release on personal recognizance and urges district attorney offices and defense counsel to come to agreed-upon conditions of release.
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BRPC Exec Search Panel Picks Brennan
By Breanna SteeleiBerkshires Staff
PITTSFIELD, Mass. — The Executive Director Search Committee voted Wednesday to move both finalists to the full Berkshire Regional Planning Commission, with a recommendation that Laura Brennan was the preferred candidate.
Brennan is also the economic development program manager for the BRPC. She has been in the role since July 2023 but has been with BRPC since 2017, first serving as the senior planner of economic development.
She earned her bachelor's degree from Franklin & Marshall College in Pennsylvania and earned a graduate-level certificate in local government leadership and management from Suffolk University.
Zogg is vice president of place and transportation for Tysons Community Alliance, a nonprofit that is committed to transforming Tysons, Va., into a more attractive urban center.
He previously was the director of planning, design, and construction at Georgetown Heritage in Virginia, where he directed the reimagining of Georgetown's C&O Canal National Historic Park.
They each had 45 minutes to answer a series of questions on Saturday, and the search committee said they were both great candidates. Meeting virtually on Wednesday, the members discussed which they preferred.
"In my own personal opinion, I think both candidates could do the job and actually had different skills. But I do favor Laura, because she can hit the ground running and with the time we have now, I think she is very familiar with the organization and its strengths and weaknesses and where we go from here," said Malcolm Fick.
"I would concur with Malcolm, especially because she was the only candidate who could speak directly to what's currently going on in the Berkshires, and really had a handle on every aspect of what BRPC does, could use examples, and showed that she actually understood the demographic information when that information was clearly available on the BRPC website, and through other means, and she was the only candidate who was able to integrate our regional data, our regional demographics, into her answers, and so I find her more highly qualified," said Marybeth Mitts.
Brennan was able to discus the comprehensive regional strategy the BRPC has worked on for Berkshire County and said she made sure they included voices from all over the region instead of what she referred to as the "usual suspects."
"That was an enormous priority of ours to make sure that the outreach that we did and the input that we gathered was not from only the usual suspects, but community groups that were emerging in a lot of different corners of the region and with a lot of different missions of their own, and try to encompass and embrace as many voices as we could in that," Brennan said in her interview.
"I think that her knowledge of the BTI, for example, was important, because that's going to play a role in the questioning that we did on funding. And she had some interesting insights, I think on how to use that," said Irvin. "And in addition, I just thought her style was important.
"She didn't need to rush into an answer. She was willing to take a minute to think about how she wanted to move on and she did."
In her interview, Brennan was asked her plans to help expand funding opportunities since the financial structure is mainly grants and the government has recently been withdrawing some interest.
"With Berkshires Tomorrow already established, I would like to see us take a closer look at that and find ways to refine its statement of purpose, to develop a mission statement, to look at ways that that mechanism can help to diversify revenue," she said. "I think, that we have over the last several years, particularly with pandemic response efforts, had our movement to the potential of Berkshire's Tomorrow as a tool that we should be using more, and so I would like to see that be a big part of how we handle the volatility of government funding."
Member John Duval said she has excelled in her role over the years.
"Laura just rose above every other candidate through her preliminary interview and her final interview, she's been the assistant executive director for maybe a couple of years and definitely had that experience, and also being part of this BRPC, over several years, have seen what she's capable of doing, what she's accomplished, and embedded in meetings and settings where I've seen how she's responded to questions, presented information, and also had to deal with some tough customers sometimes when she came up to Adams," said Duval.
"She's done an excellent job, and then in the interviews she's just calm and thought through her answers and just rose above everyone else."
Buck Donovan said he respected all those who applied and said Zogg is a strong candidate.
"I think both and all candidates were very strong, two we ended up were extremely strong," he said. "Jason, I liked his charisma and his way. I really could tell that there was some goals and targets and that's kind of my life."
The full commission will meet on Thursday, March 19, to vote on the replacement of retiring Executive Director Thomas Matuszko.
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The administration will present a draft fiscal year 2027 budget on March 11, and has been focused on equitably distributing resources based on need while bridging a $4 million funding gap without layoffs.
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