In The News

Bill takes fates of perverts out of judges’ hands
By Laura Crimaldi
Boston Herald
Friday, February 8, 2008

In the wake of two high-profile cases involving convicted sex offenders who were released into the community by judges over the objections of prosecutors, a bill was filed yesterday that demands such decisions be made solely by juries.

Convicted sex offenders who have served their time yet are seen as sexually dangerous by prosecutors can be civilly committed to the Massachusetts Treatment Center in Bridgewater for one day to life.
Under current law, either a judge or jury can decide the case.

“Incredibly, presently convicted sex offenders are the ones who determine whether or not it will be a jury made up of members of the community or a judge who will determine whether they go back into the communities. This bill will change that,” said Middlesex District Attorney Gerry Leone at a State House press conference with lawmakers and Jane Doe Inc.

The issue was thrust to the forefront last week after convicted sex offender Corey Saunders, 26, was arrested on charges he raped a 6-year-old boy at a public library in New Bedford. Bristol County prosecutors attempted in 2006 to have Saunders declared sexually dangerous, but Judge Richard Moses freed him despite objections from three psychologists.

Last week, Middlesex Superior Court Judge Bonnie MacLeod-Mancuso ordered the release of Andrew “Billy” Berg, 47, who confessed in 1998 to molesting and raping his girlfriend’s child four to five times a week from the time she was 8 until she was 13.

Supporters said the measure is not anti-judiciary but an attempt to give communities a say in the process that decides whether dangerous sex offenders are released.

Between July 1, 2006, and June 30, 2007, judges and juries released 37 of the 60 convicted sex offenders who prosecutors declared too dangerous to set free, said court spokeswoman Joan Kenney.
Juries heard 80 percent of those cases, Kenney said. She said the court does not track the decisions of judges who hear sexually dangerous person cases because the court is “neutral” on dispositions.

Leone said his data for Middlesex County show that juries civilly committed 68 percent of the time, while judges did so 60 percent of the time. “Sex offenders have more power and more say than prosecutors. That’s wrong. That’s outrageous in today’s society,” said state Sen. Steven Baddour (D-Methuen). “Judges should not have unfettered discretion when it comes to protecting kids.”

Saunders, who spent four years in prison for the attempted rape of a 7-year-old boy, prevailed at a bench trial when Moses found him fit for release. Yesterday, he waived his right to a dangerousness hearing.