A Call to Action

I am writing to ask for your assistance in pressing for passage of legislation to crack down on sex offenders here in Massachusetts.

This issue relates back to the recent tragic case involving Joseph H. Gardner of Kingston, which I was shocked and disgusted to learn about earlier this week.

Gardner is alleged to have raped a 3-year-old girl while her mother was asleep in the same house. The disgusting nature of this crime is made even more horrific by the fact that the rape allegedly occurred while Gardner was free on bail and awaiting trial for the alleged rape of a 5-year-old child this past summer. Gardner was set free in October after posting just $10,000 bail on the first case, and there was no dangerousness hearing held prior to his release.

Under current law, prosecutors have the ability to request a dangerousness hearing prior to bail being set in certain serious criminal cases. However, there is no guarantee that such a hearing will be requested or held.

The legislation I filed changes this situation by requiring the court to hold a dangerousness hearing in any case where there is an allegation of a sex offense involving a child, including child rape.

I believe we need to add an extra layer of protection and accountability in cases where there is an alleged sex crime against a child. This is a responsible measure to make sure that dangerous sex offenders don’t fall through the cracks and get set free while they await trial, as apparently happened in the Kingston case. At the same time, the bill respects judicial discretion in such cases.

The text of the legislation follows below. The bill is awaiting the assignment of a docket number by the House Clerk. I was on WTKK 96.9FM this morning with Jim Braude and Wendy Murphy to talk about the bill and why it's necessary. You can also read more about my plan and the reason behind it in a story and editorial in today's Boston Herald.

Unfortunately, many bills like this end up getting referred to the House Rules Committee and they sit there without further action being taken. I believe we need there to be action taken on this bill soon. If you support passage of this bill, I urge you to contact House Speaker Robert DeLeo's office at (617) 722-2500 to ask him to have the bill released from the Rules Committee and scheduled for a public hearing as soon as possible.

Thank you for your consideration.

Karyn

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Text of the Bill

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Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same as follows:


The first paragraph of subsection (4) of section 58A of chapter 276 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking out the first sentence thereof and inserting in place thereof the following sentence:-


When a person is held under arrest for an offense listed in subsection (1) and upon a motion by the commonwealth, or whenever a person is held under arrest for a sex offense involving a child as defined in section 178C of chapter 6, the judge shall hold a hearing to determine whether conditions of release will reasonably assure the safety of any other person or the community.

Call to Action

Have you heard about plans for convicted terrorist Raymond Luc Levasseur to speak at UMass Amherst?

Governor Patrick has asked university officials not to allow the event to take place, but a group of faculty members reportedly have extended the invitation nonetheless.

I'm planning to send a letter to Governor Patrick later this week opposing the appearance on campus, and also asking the Governor to block additional taxpayer funds from being spent.

You can read a copy of the letter below. What do you think about this issue? Please leave me a comment to let me know. Or, better yet, if you oppose Mr. Levasseur's appearance at UMass Amherst, I urge you to call the Governor's office to let him know how you feel. The number is 617-725-4005.

Thanks!

Karyn

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November 10, 2009

His Excellency Deval Patrick

Governor of the Commonwealth

The State House, Room 360

Boston, MA 02133

Dear Governor Patrick:

According to published reports, UMass Amherst is proceeding with plans to allow an on-campus speech by Raymond Luc Levasseur. Mr. Levasseur is the convicted leader of a radical group linked to courthouse bombings, the murder of a police officer and the attempted assassination of two Massachusetts State Police troopers.

We oppose Mr. Levasseur's appearance on state property, and we understand that you do as well. While you say you have directed UMass officials not to allow the speech to take place, they apparently are not abiding by your instructions.

We think it is an insult to Massachusetts residents to have this speech occur at a publicly-funded facility, and we still prefer that all possible means be used to block this event. But, if you are unable to stop it from occurring, we are asking that you at least spare taxpayers the gross indignity of having to foot the bill for the event. We are asking that no extraordinary efforts be made to accommodate Mr. Levasseur's appearance on campus, and that the state limit its commitment to such ordinary measures as would be taken to protect student safety on campus. And specifically, we are asking that all additional costs associated with the event (added security, venue fees, and any other expenses) either be assumed by private groups responsible for the appearance or that they not be incurred in the first place.

Thank you for your attention to this matter.

Sincerely,

Karyn E. Polito

[Other signatures pending]