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CBS News
6 days ago
- CBS News
Charges dropped against more than 120 defendants in Massachusetts because they can't get attorney
By MICHAEL CASEY Associated Press More than 120 cases, including some for assault on family members and police, were dismissed Tuesday in Boston, the latest fallout from a monthslong dispute over pay that has led public defenders to stop taking new clients. At a mostly empty courtroom, Boston Municipal Court Chief Justice Tracy-Lee Lyons invoked the Lavallee protocol in dismissing case after case. It requires cases be dropped if a defendant hasn't had an attorney for 45 days and released from custody if they haven't had one for seven days. Tuesday was the first time it was invoked to drop cases, while suspects in custody have been released in recent weeks. Most were for minor crimes like shoplifting, drug possession and motor vehicle violations. But several involved cases of assault on police officers and domestic violence. One suspect allegedly punched his pregnant girlfriend in the stomach and slapped her in the face. Another case involved a woman who was allegedly assaulted by the father of her child, who threatened to kill her and tried to strangle her. A third case involved a suspect who allegedly hit a police officer and threatened to shoot him. The judge, repeatedly invoking the Lavallee protocol, dismissed almost all of the cases after being convinced public defenders had made a good-faith effort to find the defendants an attorney. No defendants were in court to hear their cases being dismissed. "This case will be dismissed without prejudice," Lyons said repeatedly, noting that all fines and fees would be waived. Prosecutors unsuccessfully objected to the dismissal of many of the cases, especially the most serious being dismissed. "The case dismissals today, with many more expected in coming days and weeks, present a clear and continuing threat to public safety," James Borghesani, a spokesperson for the Suffolk County district attorney's office, said in a statement. They vowed to re-prosecute all the cases. "Our prosecutors and victim witness advocates are working extremely hard to keep victims and other impacted persons updated on what's happening with their cases," he continued. "These are difficult conversations. We remain hopeful that a structural solution will be found to address the causal issues here and prevent any repeat." Democratic Gov. Maura Healey, speaking to reporters in Fall River, said the situation needed to be resolved. "This is a public safety issue and also a due process issue as people need representation," she said. "I know the parties are talking. They have got to find a way to work this out. We need lawyers in court ... and certainly they need to be paid fairly." Public defenders, who argue they are the lowest paid in New England, launched a work stoppage at the end of May in hopes of pressuring the legislature to increase their hourly pay. The state agency representing public defenders had proposed a pay increase from $65 an hour to $73 an hour over the next two fiscal years for lawyers in district court, an increase from $85 an hour to $105 an hour for lawyers in Superior Court and $120 an hour to $150 an hour for lawyers handling murder cases. But the 2026 fiscal year budget of $60.9 billion signed early this month by Healey didn't include any increase. "The dismissal of cases today under the Lavallee protocols is what needs to be done for those individuals charged with crimes but with no lawyer to vindicate their constitution rights," said Shira Diner, a lecturer at the Boston University School of Law and the immediate past president of the Massachusetts Association of Criminal Defense Lawyers. "It is, however, not a solution to the deep crisis of inadequate pay for bar advocates. Until there are enough qualified lawyers in courts to fulfill the constitutional obligation of the right to counsel this crisis will only intensify." Massachusetts is the latest state struggling to adequately fund its public defender system. In New York City, legal aid attorneys are demanding better pay and working conditions. Earlier this month, Wisconsin Gov. Tony Evers signed a two-year state budget into law that increases the pay of public defenders and district attorneys in each of the next two years. That comes after the Legislature in 2023 also increased the pay to address rising caseloads, high turnover and low salaries. Public defenders in Minnesota averted a walkout in 2022 that threatened to bring the court system to a standstill. A year later, the legislature came up with more funding for the state Board of Public Defense so it could meet what the American Bar Association recommends for manageable caseload standards. Oregon, meanwhile, has struggled for years with a critical shortage of court-provided attorneys for low-income defendants. As of Tuesday, nearly 3,500 defendants did not have a public defender, a dashboard from the Oregon Judicial Department showed. Of those, about 143 people were in custody, some for longer than seven days. Amid the state's public defense crisis, lawmakers last month approved over $2 million for defense attorneys to take more caseloads in the counties most affected by the shortage and over $3 million for Oregon law schools to train and supervise law students to take on misdemeanor cases.
Toronto Sun
15-07-2025
- General
- Toronto Sun
Assisted-living home cited for late reports of safety incidents years before fatal fire
Published Jul 15, 2025 • 5 minute read The Gabriel House assisted living facility is shown after a fire in Falls River, Mass., Monday, July 14, 2025. Photo by Michael Casey / AP FALL RIVER, Mass. — A Massachusetts assisted-living centre where nine residents died in a fire was cited for failing to immediately report more than two dozen health and safety incidents, according to regulators' most recent review of the facility. This advertisement has not loaded yet, but your article continues below. THIS CONTENT IS RESERVED FOR SUBSCRIBERS ONLY Subscribe now to read the latest news in your city and across Canada. Unlimited online access to articles from across Canada with one account. Get exclusive access to the Toronto Sun ePaper, an electronic replica of the print edition that you can share, download and comment on. Enjoy insights and behind-the-scenes analysis from our award-winning journalists. Support local journalists and the next generation of journalists. Daily puzzles including the New York Times Crossword. SUBSCRIBE TO UNLOCK MORE ARTICLES Subscribe now to read the latest news in your city and across Canada. Unlimited online access to articles from across Canada with one account. Get exclusive access to the Toronto Sun ePaper, an electronic replica of the print edition that you can share, download and comment on. Enjoy insights and behind-the-scenes analysis from our award-winning journalists. Support local journalists and the next generation of journalists. Daily puzzles including the New York Times Crossword. REGISTER / SIGN IN TO UNLOCK MORE ARTICLES Create an account or sign in to continue with your reading experience. Access articles from across Canada with one account. Share your thoughts and join the conversation in the comments. Enjoy additional articles per month. Get email updates from your favourite authors. THIS ARTICLE IS FREE TO READ REGISTER TO UNLOCK. Create an account or sign in to continue with your reading experience. Access articles from across Canada with one account Share your thoughts and join the conversation in the comments Enjoy additional articles per month Get email updates from your favourite authors Don't have an account? Create Account Five men and four women were killed and at least 30 others were injured Sunday night at Gabriel House in Fall River, about 80 kilometres south of Boston. Some of the 70 residents were rescued by ladder after screaming for help from the windows of the three-story building. Investigators have not determined the cause of the blaze, which was the state's deadliest fire in more than four decades. The 100-unit facility, which opened in 1999 in a former motel built decades earlier, was last inspected by the state on Oct. 31, 2023, according to a report from the state Executive Office of Elder Affairs. The report cited the facility for seven deficiencies, four of which were repeat problems. After the facility responded with a corrective action plan, it was re-certified through November 2025. This advertisement has not loaded yet, but your article continues below. Most of the issues involved missing documentation. For example, seven resident files that were reviewed were missing documents to indicate that their service plans were reassessed within 30 days of moving in, as required. The plans outline the services each resident receives, including whether they need help with medication and meals. The review also found problems with the reporting of safety incidents. Facilities are supposed to submit reports of incidents that could have a significant negative effect on residents' health, safety or welfare within 24 hours, but the review found 26 reports that were sent later than that between May 5, 2022, and Oct. 31, 2023. The report did not specify the total number of incidents, or provide any details about what they involved. Your noon-hour look at what's happening in Toronto and beyond. By signing up you consent to receive the above newsletter from Postmedia Network Inc. Please try again This advertisement has not loaded yet, but your article continues below. The state also watched two staffers provide medication assistance to seven residents and found several problems, including failure to document when eye drops were opened, loose tablets in medication storage areas and partially opened medication. Advocates question staff size and other issues Some residents said only two or three staffers were working at the time of the fire, and they offered little help. 'They left us alone and ran out into the parking lot,' said Lorraine Ferrara. 'I was hanging out the window — 'Help! Help!' and they just kept running.' Paul Lanzikos, a former Massachusetts secretary of elder affairs and co-founder of the advocacy group Dignity Alliance, said the group was concerned about reports on the lack of fire drills, the small number of staff members for a highly dependent population and safety issues such as a broken elevator and air conditioners in the windows. This advertisement has not loaded yet, but your article continues below. 'It's a terrible tragedy that should have never happened,' Lanzikos said. Richard Moore, another co-founder of Dignity Alliance, has asked the attorney general to investigate based on similar concerns as well as the facility owner's history. Dennis Etzkorn, owner of Gabriel Care LLC, was indicted on medical assistance fraud and kickback charges in 2012, though the charges were dismissed three years later. 'The fact that it happened in the past and that this now happened suggests that there should be a more thorough investigation of that,' said Moore, former head of the Massachusetts Assisted Living Association and a former state senator. He said the assisted-living industry overall needs more rigorous regulation and oversight. And while it's too early to say what went wrong at Gabriel House, he said the staffing levels and training appear to have been inadequate. This advertisement has not loaded yet, but your article continues below. Current regulations do not require a specific number of staff members, but the rules say facilities 'shall have a plan to secure staffing necessary' to respond to emergencies. 'There should have been more staff. They should have been trained in the case of fire or other emergency,' Moore said. 'They should have been doing fire drills. It seemed like residents didn't know what to do.' Etzkorn declined to comment to The Associated Press. He told the Boston Globe in a statement Monday that he and his family were 'devastated by the tragedy' and that he will continue to cooperate with authorities. Meanwhile, a state commission working to improve long-term care in Massachusetts held a moment of silence Tuesday 'for the lives that were lost and the lives that were put on the line' in Fall River. This advertisement has not loaded yet, but your article continues below. The Assisted Living Residences Commission, created by lawmakers last year as part of a broader effort, faces an Aug. 1 deadline to recommend policies to ensure facilities meet the health and safety needs of residents. But members said they may seek more time given the fire. 'We need to do a deep dive based on the investigation results with this facility, but also the facilities like this one,' state Rep. Thomas Stanley said. Some residents still homeless By Tuesday morning, the facility's broken windows had been boarded up, and bouquets of flowers and a rosary were set on the ground against a post wrapped with yellow police tape. A steady stream of cars pulled up to the Catholic Charities Diocese of Fall River to drop off donated items for the displaced residents, and the city is working with multiple organizations to collect money. This advertisement has not loaded yet, but your article continues below. 'There's a lot of generosity and love being shared with the city of Fall River and the people who suffered so much the other night,' Fire Chief Jeffrey Bacon said. Ann O'Neil-Souza, chief of staff for the mayor, said city officials expect to find homes for the survivors from Gabriel House by the end of Tuesday. She said most were being placed with other facilities in the city and with family, and hospitals have been asked to work with social workers to ensure patients find housing when they are discharged. The dead ranged in age from 61 to 86, authorities said. The Bristol County District Attorney's Office identified seven of the deceased as Rui Albernaz, 64; Ronald Codega, 61; Margaret Duddy, 69; Robert King, 78; Kim Mackin, 71; Richard Rochon, 78; and Eleanor Willett, 86. The office said the names of a 70-year-old woman and a 77-year-old man had not been released pending notification of family. NFL Editorial Cartoons Toronto & GTA Toronto & GTA Columnists
Yahoo
14-07-2025
- Yahoo
Fall River Mayor: Owner of assisted-living facility where nine people died in a fire is cooperating
Flames roared through an assisted-living facility in Massachusetts, killing nine people. At a news conference, Fall River Mayor Paul Coogan said the building's owner was cooperating and that the building will soon be boarded up. (AP Video: Michael Casey)
National Post
14-07-2025
- General
- National Post
Fire at assisted-living facility in Massachusetts kills 9 people and traps residents
The Gabriel House assisted living facility is shown after a fire in Falls River, Mass., Monday, July 14, 2025. Photo by AP Photo/Michael Casey Flames roared through an assisted-living facility in Massachusetts, killing nine people and trapping residents inside, including some who were hanging out of windows screaming for help, authorities said Monday. At least 30 people were hurt. THIS CONTENT IS RESERVED FOR SUBSCRIBERS Enjoy the latest local, national and international news. Exclusive articles by Conrad Black, Barbara Kay and others. Plus, special edition NP Platformed and First Reading newsletters and virtual events. Unlimited online access to National Post. National Post ePaper, an electronic replica of the print edition to view on any device, share and comment on. Daily puzzles including the New York Times Crossword. Support local journalism. SUBSCRIBE FOR MORE ARTICLES Enjoy the latest local, national and international news. Exclusive articles by Conrad Black, Barbara Kay and others. Plus, special edition NP Platformed and First Reading newsletters and virtual events. Unlimited online access to National Post. National Post ePaper, an electronic replica of the print edition to view on any device, share and comment on. Daily puzzles including the New York Times Crossword. Support local journalism. REGISTER / SIGN IN TO UNLOCK MORE ARTICLES Create an account or sign in to continue with your reading experience. Access articles from across Canada with one account. Share your thoughts and join the conversation in the comments. Enjoy additional articles per month. Get email updates from your favourite authors. THIS ARTICLE IS FREE TO READ REGISTER TO UNLOCK. Create an account or sign in to continue with your reading experience. Access articles from across Canada with one account Share your thoughts and join the conversation in the comments Enjoy additional articles per month Get email updates from your favourite authors Firefighters responded to the Gabriel House facility in Fall River at about 9:50 p.m. Sunday and were met with heavy smoke and flames at the front of the building, the state Department of Fire Services said in a news release. About 70 people live there. The fire was out by Monday morning, and firefighters were able to rescue survivors. Many of those who were rescued were taken to hospitals in varying conditions. Get a dash of perspective along with the trending news of the day in a very readable format. By signing up you consent to receive the above newsletter from Postmedia Network Inc. Please try again Jarren Oldrid described the scene as 'pretty terrifying' as he tried to figure out if his 67-year-old father, Steven Oldrid, was safe. He found him recovering from smoke inhalation at a hospital. 'It's kind of just a whirlwind of trying to figure out what's happening, how this could happen in such a major way,' he said. The origin and cause of the fire were under investigation, state and local authorities said. About 50 firefighters responded, including 30 who were off-duty. Five firefighters suffered injuries that were not life-threatening, authorities said. 'This is an unfathomable tragedy for the families involved and the Fall River community,' Fire Chief Jeffrey Bacon said. He told reporters 'multiple people were hanging out the windows looking to be rescued.' Family members who showed up said police were trying to break windows. Joe Alves, who lives several houses down from the facility, said he was watching TV when he heard the wave of sirens and fire crews responding to the fire. He said he saw officials pulling bodies and injured pets out of the building, with some pouring water bottles on burns. 'There were people in wheelchairs, a lot of people missing limbs, it was terrible,' he said, choking up slightly. Massachusetts Gov. Maura Healey said she offered state assistance to the city's mayor, and an investigation was underway. 'The fire at Gabriel House in Fall River is a tragedy. My heart goes out to those who are waking up to the most horrific news imaginable about their loved ones this morning,' Healey said in a statement. 'I'm grateful to the firefighters and first responders whose heroic efforts saved lives.' At a news conference, Fall River Mayor Paul Coogan said the building's owner was cooperating and that the building will soon be boarded up.
Japan Today
07-07-2025
- Politics
- Japan Today
Federal trial starts over Trump administration's crackdown on pro-Palestinian campus activists
People show their support for a lawsuit challenging the Trump administration's policy of targeting students for deportation who took part in pro-Palestinian demonstrations on Monday, July 7, 2025, at the federal courthouse in Boston. (AP Photo/Michael Casey) By MICHAEL CASEY Plaintiffs in a lawsuit challenging the Trump administration campaign of arresting and deporting faculty and students who participated in pro-Palestinian demonstrations argued Monday it was an orchestrated effort that has stifled free speech at universities around the country. The lawsuit, filed by several university associations against President Donald Trump and members of his administration, is one of the first to go to trial. Plaintiffs want U.S. District Judge William Young to rule the policy violates the First Amendment and the Administrative Procedure Act, a law that governs the process by which federal agencies develop and issue regulations. 'Not since the McCarthy era have immigrants been the target of such intense repression for lawful political speech,' Ramya Krishnan, senior staff attorney at the Knight First Amendment Institute, told the court. 'The policy creates a cloud of fear over university communities, and it is at war with the First Amendment. The First Amendment forecloses viewpoint discrimination; it forecloses retaliation; and it forecloses government threats meant to coerce silence.' In response, lawyers for the government argued that no such policy exists and that the government is enforcing immigration laws legally and is doing so to protect national security. 'There is no policy to revoke visas on the basis of protected speech,' Victoria Santora told the court. 'The evidence presented at this trial will show that plaintiffs are challenging nothing more than government enforcement of immigration laws.' Since Trump took office, the U.S. government has used its immigration enforcement powers to crack down on international students and scholars at several American universities. Trump and other officials have accused protesters and others of being 'pro-Hamas,' referring to the Palestinian militant group that attacked Israel on Oct. 7, 2023. Many protesters have said they were speaking out against Israel's actions in the war. Plaintiffs single out several activists by name, including Palestinian activist and Columbia University graduate Mahmoud Khalil, who was released last month after spending 104 days in federal immigration detention. Khalil has become a symbol of Trump 's clampdown on campus protests. The lawsuit also references Tufts University student Rumeysa Ozturk, who was released in May from Louisiana immigration detention. She spent six weeks in detention after she was arrested walking on the street of a Boston suburb. She claims she was illegally detained following an op-ed she co-wrote last year that criticized the school's response to Israel's war in Gaza. The plaintiffs also accused the Trump administration of supplying names to universities whom they wanted to target and launching a social media surveillance program. They used Trump's own words in which he said after Khalil's arrest that his was the 'first arrest of many to come.' The first witness in the case, Megan Hyska, a green card holder from Canada who is a philosophy professor at Northwestern University, detailed how the efforts to deport Khalil and Ozturk prompted her to significantly scale back her activism. Before Trump took office, she had supported student encampments at Northwestern, had taken part in scores of protests against police brutality and in support of Palestinians and had been active in the Chicago chapter of Democratic Socialists of America. But after Khalil and Ozturk were detained, Hyska testified, she refrained from publishing an opinion piece critical of the Trump administration, chose not to take part in some anti-Trump protests and has decided against traveling back to Canada. 'It became apparent to me, after I became aware of a couple of high profile detentions of political activists, that my engaging in public political dissent would potentially endanger my immigration status,' Hyska said. A government lawyer tried to undermine her testimony, confirming that she had not been contacted by anyone from the government asking her to stop her activism. The lawyer also referenced two letters Hyska had signed after the arrest of the activists to suggest she continued to be politically active — prompting Hyska to say those letters were directed to Northwestern administrators, not the general public. The trial continues Tuesday with several more witnesses who are expected to testify about the impact the immigration campaign has had on their activism. © Copyright 2025 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed without permission.
