FROM SHNS:
BREAK THE SEAL: Former probation
commissioner John O'Brien wants to keep certain court documents relating to his
indictment sealed because the records "involve a key state legislator." Federal prosecutors filed the documents last
month and sought to seal them before reversing course and asking the judge to
open the books. O'Brien's lawyer says the move to reveal the name of the
lawmaker will taint the jury pool. Prosecutors don't think there's any reason
for the documents to remain secret because they include information about the
probation job application process that was so, so screwed up and not sensitive
personal data.
commissioner John O'Brien wants to keep certain court documents relating to his
indictment sealed because the records "involve a key state legislator." Federal prosecutors filed the documents last
month and sought to seal them before reversing course and asking the judge to
open the books. O'Brien's lawyer says the move to reveal the name of the
lawmaker will taint the jury pool. Prosecutors don't think there's any reason
for the documents to remain secret because they include information about the
probation job application process that was so, so screwed up and not sensitive
personal data.
Former Massachusetts probation commissioner John O'Brien opposes move to unseal documents in scandal
John O'Brien, former Massachusetts probation department commissioner, stands outside U.S. District Court in Worcester in March of last year and tells a reporter he can not answer questions as O'Brien gestures toward his lawyer who was talking with reporters. O'Brien and two other former probation leaders have pleaded innocent to charges in connection with an alleged patronage scheme in probation. (AP file photo/Stephan Savoia)
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on December 12, 2013 at 7:25 PM, updated December 12, 2013 at 7:33 PM
Follow on Twitter
on December 12, 2013 at 7:25 PM, updated December 12, 2013 at 7:33 PM
Massachusetts probation scandal
- Federal prosecutors oppose move by 3 former Massachusetts probation leaders to dismiss charges
- William Burke, retired state deputy probation commissioner, again denies charges tied to investigation of Massachusetts probation department
- Christopher Hoffman, 1st person convicted in Massachusetts Probation Department federal corruption probe, receives 2 years probation
- FBI agents: Massachusetts state Rep. Thomas Petrolati was target of federal investigation into probation department
BOSTON -- On the day before an important court hearing, lawyers for indicted probation commissioner John J. O’Brien are asking a federal judge to continue to seal court documents, saying many of the closed court records involve a key state legislator.
As part of the ongoing federal case against O'Brien and two co-defendants, assistant U.S. attorneys in Boston filed the documents late last month and sought and received a judge's order to seal them. Then, prosecutors on Dec. 4 asked a federal judge to unseal the documents and make them public.
"Many of these documents relate to allegations involving an important state legislator, and the government’s desire to unseal only these documents is an attempt to taint the jury pool," said the motion by Stylianus Sinnis, a federal public defender for O'Brien, who asked a judge to keep them sealed. He did not identify the legislator.
Prosecutors said "no valid basis" exits for keeping the documents sealed. Prosecutors said the documents do not contain a certain type of sensitive personal information that should be sealed in the case.
Sinnis said the documents include information on the job application process involving people not implicated in the case.
O'Brien, William H. Burke of Hatfield, a retired state deputy probation commissioner in Springfield, and Elizabeth V. Tavares, a former No. 2 state probation commissioner, have pleaded not guilty to racketeering, mail fraud and bribery charges in a 30-count federal indictment.
The three former state probation leaders are charged with operating "a rigged hiring system" that was designed to approve requests from state legislators and others to hire candidates, including relatives and friends, for jobs in probation.
On Monday, the three filed court documents, saying the charges should be dismissed partly because prosecutors have not established a link between the jobs and a specific legislative act.
"The indictment does not allege that the hiring of the specified probation
officers was tied to any particular legislative action," the three said in Monday's filing. "The vague allegation that the defendants generally hoped for favorable budget action is too attenuated to satisfy the transactional element."
A hearing on the motion to dismiss is set for Friday in front of Judge F. Dennis Saylor IV in U.S. District Court in Boston. A trial is scheduled for Feb. 24.
The judge is also scheduled to take up a request for separate trials by the three former probation officials.
In court filings last month, prosecutors said the evidence shows that O'Brien, Burke and Tavares gave jobs and promotions to legislators in return for favorable treatment of the probation budget and legislation that affected probation.
No state legislators have been charged in the case.
http://www.masslive.com/politics/index.ssf/2013/12/former_massachusetts_probation.html?utm_source=ML+13%2F12%2F13&utm_campaign=20131213ML&utm_medium=email
As part of the ongoing federal case against O'Brien and two co-defendants, assistant U.S. attorneys in Boston filed the documents late last month and sought and received a judge's order to seal them. Then, prosecutors on Dec. 4 asked a federal judge to unseal the documents and make them public.
"Many of these documents relate to allegations involving an important state legislator, and the government’s desire to unseal only these documents is an attempt to taint the jury pool," said the motion by Stylianus Sinnis, a federal public defender for O'Brien, who asked a judge to keep them sealed. He did not identify the legislator.
Prosecutors said "no valid basis" exits for keeping the documents sealed. Prosecutors said the documents do not contain a certain type of sensitive personal information that should be sealed in the case.
Sinnis said the documents include information on the job application process involving people not implicated in the case.
O'Brien, William H. Burke of Hatfield, a retired state deputy probation commissioner in Springfield, and Elizabeth V. Tavares, a former No. 2 state probation commissioner, have pleaded not guilty to racketeering, mail fraud and bribery charges in a 30-count federal indictment.
The three former state probation leaders are charged with operating "a rigged hiring system" that was designed to approve requests from state legislators and others to hire candidates, including relatives and friends, for jobs in probation.
On Monday, the three filed court documents, saying the charges should be dismissed partly because prosecutors have not established a link between the jobs and a specific legislative act.
"The indictment does not allege that the hiring of the specified probation
officers was tied to any particular legislative action," the three said in Monday's filing. "The vague allegation that the defendants generally hoped for favorable budget action is too attenuated to satisfy the transactional element."
A hearing on the motion to dismiss is set for Friday in front of Judge F. Dennis Saylor IV in U.S. District Court in Boston. A trial is scheduled for Feb. 24.
The judge is also scheduled to take up a request for separate trials by the three former probation officials.
In court filings last month, prosecutors said the evidence shows that O'Brien, Burke and Tavares gave jobs and promotions to legislators in return for favorable treatment of the probation budget and legislation that affected probation.
No state legislators have been charged in the case.
http://www.masslive.com/politics/index.ssf/2013/12/former_massachusetts_probation.html?utm_source=ML+13%2F12%2F13&utm_campaign=20131213ML&utm_medium=email
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