Closed-door hearing over inmate release for coronavirus concerns slammed

Attorneys Wednesday questioned why a high-stakes argument over inmate releases amid the coronavirus pandemic was held behind closed doors at the state’s highest court, an issue one prosecutor called too important to be done in secret.

The Supreme Judicial Court hearing, which lasted over 4 hours, was held via closed telephone conference and an audio file was released late Tuesday afternoon, which cut off arguments by prosecutors and sheriffs opposing the releases before the technical issue was corrected.

Cape and Islands District Attorney Michael O’Keefe suggested the argument could have been livestreamed, even on a television station.

“This lack of transparency is consistent with the recent secret negotiations which a special master, appointed by the SJC to settle this case, has been engaged in,” O’Keefe said in a statement Tuesday evening. “From the outset, I have refused to participate in that process. This is too important an issue to the public to be done in secret.”

A special master was appointed in the lawsuit from criminal defense groups to arrange the concerns by parties over the suggested release of inmates in pretrial detention, those over the age of 60 and those with health issues making them at-risk of a COVID-19 diagnosis.

Massachusetts trial courts have been closed since mid-March except for “emergency matters” because of coronavirus precautions and several have reported coronavirus cases among employees.

A spokeswoman for the SJC Wednesday said Tuesday’s telephone conference access was limited to preserve a high-quality audio recording, and any delay in sending the audio file to the high number of requests was inadvertent.

Attorney Harvey Silverglate said the SJC needs to improve its technical prowess if further hearings are to be held behind closed doors amid the pandemic.

“I am somewhat sympathetic to the court, the court’s trying to perform the essence of its duty, but they really should do better,” Silverglate said Wednesday.

A ruling Wednesday in a separate case indicated the SJC could lean toward inmates’ coronavirus concerns going forward, as they sent a child rapists’ petition for release back to a Superior Court to consider the virus’ threat along with the man’s danger to the community.

Glenn Christie, who pleaded guilty to multiple counts of child rape in 2018, will get a second look before a Superior Court judge later this week on his motion while he serves a probation violation at the Massachusetts Treatment Center, which has experienced an outbreak of 17 COVID-19 cases among inmates.

SJC justices wrote the arrival of the coronavirus pandemic and the danger to people in custody who cannot engage in social distancing represents a “fundamental change in circumstances” after Superior Court and Appeals Court judges each denied Christie a reprieve over the past two months.

from Boston Herald https://ift.tt/39CG51O