http://www.unionleader.com/article.aspx?headline=NH+prosecutors%3a+Soft+time+in+Mass.&articleId=628a9a09-6f3c-4113-a54e-5bc53a26dcfa
MANCHESTER – New Hampshire crime fighters are dissatisfied with the soft touch they say criminals get in Massachusetts courts, and accused cop-killer Michael K. "Stix" Addison appears to be the latest example.
As Manchester Deputy Police Chief Glenn S. Leidemer, who heads the department's investigative division, puts it: "I'm a police officer. I'm not impartial. What I would ask of the media is to lay out all the facts and circumstances surrounding (Addison's) arrests in Massachusetts, compare those to the sentences and then they -- the community -- can make an informed decision as to whether the sentences were too lenient."
Manchester Police Chief John A. Jaskolka said his officers increasingly encounter current and former Massachusetts residents here who, though they have prior criminal histories in the Bay State, lack the conviction records required to get punishments or set bail consistent with their past behavior.
"A lot of the time we end up with people coming from Massachusetts. They seem to be getting lenient sentences...When we go for a tougher sentence up here, (the courts) don't have the criminal background to do it," Jaskolka explained.
Hillsborough County Attorney Marguerite L. Wageling said it's difficult to pass judgment on how other jurisdictions handle prosecutions without knowing the strengths and weaknesses of their cases.
Even so, she said "I've seen multiple Massachusetts records that are lengthy with virtually no time imposed on the individual."
Long-time Boston criminal defense attorney John Wood disagrees. Wood represented Addison when he violated probation on a 1997 conviction for attacking and knifing a basketball teammate.
"I see the circumstances of this one case and they were reasonably severe. But, just the same, I don't consider it (the sentence) to be lenient," said Wood.
"To send ... a 17-year-old kid off to state prison where the worst offenders are, I don't consider to be a lenient punishment," he added.
Long record
Addison was a 16-year-old juvenile when he pointed a revolver in another Dorchester, Mass., high school student's face in 1996 and pulled the trigger twice. The gun held two bullets, but did not fire.
A former Boston resident now accused of the Oct. 16 fatal shooting of Officer Michael L. Briggs, Addison was one of the first juveniles to be indicted under Massachusetts' new youthful offender law, which allowed him to be prosecuted as an adult and face potential adult penalties. He was charged with assault with intent to kill, assault and possession of a firearm.
The day after his 17th birthday, Addison racked up another armed assault charge when he robbed, kicked and knifed a basketball teammate in neighboring Roxbury on March 20, 1997. He was indicted as an adult for assault with a dangerous weapon, armed robbery and armed assault with intent to murder.
After serving a total of three years in secure juvenile facilities and state prison, Addison was freed in 2000 only to violate probation nearly four months later.
Now 26, Addison is being held on $2 million cash bail on a fugitive charge in Boston, where he was arrested Oct. 16 after he allegedly shot Briggs once in the head. Briggs died the next day. Authorities are working to bring Addison back to New Hampshire, where the state intends to charge him with capital murder and seek the death penalty.
Addison is due to appear in Dorchester District Court tomorrow for a hearing to review his extradition status.
While New Hampshire police and prosecutors would not specifically discuss Addison's case, the slaying of the popular, decorated patrolman and father of two has intensified complaints about what they say is lenient sentences handed out by Massachusetts courts.
"I would suggest to you that individuals engaged in armed robbery with a weapon in New Hampshire regularly get treated to a state prison sentence of a longer duration than a couple of years," Wageling said.
Cases continued
Much of the problem stems from the practice commonly used in Massachusetts courts of continuing a defendant's case without a finding, prosecutors here say.
Continuing a case without a finding -- known by its acronym CWOF -- allows a defendant to avoid trial by admitting before a judge to the charge against him. The case is continued without a finding for a certain period of time during which the defendant is required to be on good behavior, according to lawyers in both states. Resolving a case this way means the defendant avoids having a conviction on his record.
While this helps offenders when applying for jobs, New Hampshire authorities said it undermines their efforts to get tough on the offenders when they commit crimes here.
Judges consider whether offenders have prior convictions when deciding how high to set bail on new charges or determining how harsh a sentence to impose when convicted of new crimes, New Hampshire prosecutors said.
"It's hard for my court when we pull out these records. You can have a whole litany of (criminal) entries, but no final conviction on them because of the way they are handled," said Wageling, whose jurisdiction borders Massachusetts and includes the state's two largest cities, Manchester and Nashua.
Moreover, Wageling said, her staff often finds those with CWOF cases have committed new crimes, yet Massachusetts officials rarely prosecute them for these violations.
Boston criminal defense attorney Wood disputes this, saying Massachusetts probations officials are "pretty vigilant" about tracking these cases to ensure offenders meet the conditions imposed on them and take action if they commit new crimes.
"We obviously can't tell another state what their laws should be," said New Hampshire Attorney General Kelly A. Ayotte. "But to the extent that we could perhaps meet with law enforcement leaders across state lines to let them know what our issues are, that's something we could do."
She said she and New Hampshire police chiefs likely would try to arrange a meeting following this month's elections in Massachusetts where there is a contested race for state attorney general and several new candidates running for district attorneys.
New Hampshire has a "real-time system" that bars offenders from earning credit for good time in prison, said Ayotte, who testified against a bill that sought to introduce credit for good time during the last legislative session.
The state's truth-in-sentencing law requires criminals to serve their minimum sentence before they are eligible for parole.
Massachusetts enacted its truth-in-sentencing law in 1994, said Jake Wark of the Suffolk County District Attorney's office. Prior to that, state prisoners accrued automatic good time, which could be shaved off the lower end of their sentences, he said.
While many felonies carry mandatory minimum terms, Wark said it's still possible for criminals to earn good time by participating in religious, public service or community programs.
Even so, the practice is "strictly limited" and still requires criminals to serve 85 percent to 90 percent of the lower end of their sentence, Wark said.
Addison's criminal timeline
Aug. 12, 1996: Addison charged with delinquent threatening and delinquent assault and battery in South Boston Juvenile Court. Both charges were placed on file.
1996: 16-year-old Addison pointed a revolver in another Dorchester, Mass., high school student's face and pulled the trigger twice. The gun did not fire. He was indicted as a youthful offender -- making him eligible for adult punishment -- on charges of assault with intent to kill; assault and battery; possession of a firearm; possession of a firearm without a permit. In July 1997, he pleaded guilty and was committed to state Department of Youth Services custody until his 21st birthday.
March 20, 1997: The day after his 17th birthday, Addison was charged with robbing, kicking and knifing a basketball teammate. He was presumed to be out on bail awaiting trial for the 1996 offense at the time.
He pleaded guilty Dec. 3, 1997, to armed robbery and two counts of assault and battery with a dangerous weapon. An armed assault with intent to murder charge was placed on file. He was sentenced to two to three years in state prison to be served concurrent with the sentence he already was serving at a DYS detention center and three years probation after prison.
July 29, 2000: Addison released from state prison.
Nov. 30, 2000: Warrant issued for Addison after he failed to report to his probation officer. On June 6, 2001, he was brought to court on the warrant and released on personal recognizance bail of $100.
July 2, 2001: Warrant issued for probation violation.
Oct. 27, 2003: Addison arrested in Londonderry for charges of false imprisonment and criminal threatening. He pleads guilty to false imprisonment in November and the criminal threatening charge is dropped. He is sentenced to six months in the Rockingham County House of Correction.
June 28, 2004: Addison appeared in Boston court on outsanding probation violation warrant. Bail was set at $100,000 with surety or $10,000 cash and in July was reduced to $25,000 surety or $2,500 cash.
Aug. 6, 2004: Addison found in violation and probation was revoked. He was sentenced to two to six months in the Suffolk County (Mass.) House of Correction and is credited with 43 days served.
Oct. 16, 2006: Police allege Addison fatally shot Manchester police officer Michael Briggs.
MANCHESTER – New Hampshire crime fighters are dissatisfied with the soft touch they say criminals get in Massachusetts courts, and accused cop-killer Michael K. "Stix" Addison appears to be the latest example.
As Manchester Deputy Police Chief Glenn S. Leidemer, who heads the department's investigative division, puts it: "I'm a police officer. I'm not impartial. What I would ask of the media is to lay out all the facts and circumstances surrounding (Addison's) arrests in Massachusetts, compare those to the sentences and then they -- the community -- can make an informed decision as to whether the sentences were too lenient."
Manchester Police Chief John A. Jaskolka said his officers increasingly encounter current and former Massachusetts residents here who, though they have prior criminal histories in the Bay State, lack the conviction records required to get punishments or set bail consistent with their past behavior.
"A lot of the time we end up with people coming from Massachusetts. They seem to be getting lenient sentences...When we go for a tougher sentence up here, (the courts) don't have the criminal background to do it," Jaskolka explained.
Hillsborough County Attorney Marguerite L. Wageling said it's difficult to pass judgment on how other jurisdictions handle prosecutions without knowing the strengths and weaknesses of their cases.
Even so, she said "I've seen multiple Massachusetts records that are lengthy with virtually no time imposed on the individual."
Long-time Boston criminal defense attorney John Wood disagrees. Wood represented Addison when he violated probation on a 1997 conviction for attacking and knifing a basketball teammate.
"I see the circumstances of this one case and they were reasonably severe. But, just the same, I don't consider it (the sentence) to be lenient," said Wood.
"To send ... a 17-year-old kid off to state prison where the worst offenders are, I don't consider to be a lenient punishment," he added.
Long record
Addison was a 16-year-old juvenile when he pointed a revolver in another Dorchester, Mass., high school student's face in 1996 and pulled the trigger twice. The gun held two bullets, but did not fire.
A former Boston resident now accused of the Oct. 16 fatal shooting of Officer Michael L. Briggs, Addison was one of the first juveniles to be indicted under Massachusetts' new youthful offender law, which allowed him to be prosecuted as an adult and face potential adult penalties. He was charged with assault with intent to kill, assault and possession of a firearm.
The day after his 17th birthday, Addison racked up another armed assault charge when he robbed, kicked and knifed a basketball teammate in neighboring Roxbury on March 20, 1997. He was indicted as an adult for assault with a dangerous weapon, armed robbery and armed assault with intent to murder.
After serving a total of three years in secure juvenile facilities and state prison, Addison was freed in 2000 only to violate probation nearly four months later.
Now 26, Addison is being held on $2 million cash bail on a fugitive charge in Boston, where he was arrested Oct. 16 after he allegedly shot Briggs once in the head. Briggs died the next day. Authorities are working to bring Addison back to New Hampshire, where the state intends to charge him with capital murder and seek the death penalty.
Addison is due to appear in Dorchester District Court tomorrow for a hearing to review his extradition status.
While New Hampshire police and prosecutors would not specifically discuss Addison's case, the slaying of the popular, decorated patrolman and father of two has intensified complaints about what they say is lenient sentences handed out by Massachusetts courts.
"I would suggest to you that individuals engaged in armed robbery with a weapon in New Hampshire regularly get treated to a state prison sentence of a longer duration than a couple of years," Wageling said.
Cases continued
Much of the problem stems from the practice commonly used in Massachusetts courts of continuing a defendant's case without a finding, prosecutors here say.
Continuing a case without a finding -- known by its acronym CWOF -- allows a defendant to avoid trial by admitting before a judge to the charge against him. The case is continued without a finding for a certain period of time during which the defendant is required to be on good behavior, according to lawyers in both states. Resolving a case this way means the defendant avoids having a conviction on his record.
While this helps offenders when applying for jobs, New Hampshire authorities said it undermines their efforts to get tough on the offenders when they commit crimes here.
Judges consider whether offenders have prior convictions when deciding how high to set bail on new charges or determining how harsh a sentence to impose when convicted of new crimes, New Hampshire prosecutors said.
"It's hard for my court when we pull out these records. You can have a whole litany of (criminal) entries, but no final conviction on them because of the way they are handled," said Wageling, whose jurisdiction borders Massachusetts and includes the state's two largest cities, Manchester and Nashua.
Moreover, Wageling said, her staff often finds those with CWOF cases have committed new crimes, yet Massachusetts officials rarely prosecute them for these violations.
Boston criminal defense attorney Wood disputes this, saying Massachusetts probations officials are "pretty vigilant" about tracking these cases to ensure offenders meet the conditions imposed on them and take action if they commit new crimes.
"We obviously can't tell another state what their laws should be," said New Hampshire Attorney General Kelly A. Ayotte. "But to the extent that we could perhaps meet with law enforcement leaders across state lines to let them know what our issues are, that's something we could do."
She said she and New Hampshire police chiefs likely would try to arrange a meeting following this month's elections in Massachusetts where there is a contested race for state attorney general and several new candidates running for district attorneys.
New Hampshire has a "real-time system" that bars offenders from earning credit for good time in prison, said Ayotte, who testified against a bill that sought to introduce credit for good time during the last legislative session.
The state's truth-in-sentencing law requires criminals to serve their minimum sentence before they are eligible for parole.
Massachusetts enacted its truth-in-sentencing law in 1994, said Jake Wark of the Suffolk County District Attorney's office. Prior to that, state prisoners accrued automatic good time, which could be shaved off the lower end of their sentences, he said.
While many felonies carry mandatory minimum terms, Wark said it's still possible for criminals to earn good time by participating in religious, public service or community programs.
Even so, the practice is "strictly limited" and still requires criminals to serve 85 percent to 90 percent of the lower end of their sentence, Wark said.
Addison's criminal timeline
Aug. 12, 1996: Addison charged with delinquent threatening and delinquent assault and battery in South Boston Juvenile Court. Both charges were placed on file.
1996: 16-year-old Addison pointed a revolver in another Dorchester, Mass., high school student's face and pulled the trigger twice. The gun did not fire. He was indicted as a youthful offender -- making him eligible for adult punishment -- on charges of assault with intent to kill; assault and battery; possession of a firearm; possession of a firearm without a permit. In July 1997, he pleaded guilty and was committed to state Department of Youth Services custody until his 21st birthday.
March 20, 1997: The day after his 17th birthday, Addison was charged with robbing, kicking and knifing a basketball teammate. He was presumed to be out on bail awaiting trial for the 1996 offense at the time.
He pleaded guilty Dec. 3, 1997, to armed robbery and two counts of assault and battery with a dangerous weapon. An armed assault with intent to murder charge was placed on file. He was sentenced to two to three years in state prison to be served concurrent with the sentence he already was serving at a DYS detention center and three years probation after prison.
July 29, 2000: Addison released from state prison.
Nov. 30, 2000: Warrant issued for Addison after he failed to report to his probation officer. On June 6, 2001, he was brought to court on the warrant and released on personal recognizance bail of $100.
July 2, 2001: Warrant issued for probation violation.
Oct. 27, 2003: Addison arrested in Londonderry for charges of false imprisonment and criminal threatening. He pleads guilty to false imprisonment in November and the criminal threatening charge is dropped. He is sentenced to six months in the Rockingham County House of Correction.
June 28, 2004: Addison appeared in Boston court on outsanding probation violation warrant. Bail was set at $100,000 with surety or $10,000 cash and in July was reduced to $25,000 surety or $2,500 cash.
Aug. 6, 2004: Addison found in violation and probation was revoked. He was sentenced to two to six months in the Suffolk County (Mass.) House of Correction and is credited with 43 days served.
Oct. 16, 2006: Police allege Addison fatally shot Manchester police officer Michael Briggs.
