Conley Seeks Changes to Law After Court Officer is Indicted For Sexual Misconduct

Suffolk County District Attorney Daniel F. Conley is asking lawmakers to close a loophole in the statute that currently forbids sexual contact between inmates and corrections officers but places no restrictions on court officers and other officials.

Conley took that step today after securing the indictment of MICHAEL J. RUBINO, 35, of Braintree on a list of charges related to sexual activity between himself and two female defendants at the Boston Municipal Court between 2010 and 2011. Rubino was additionally charged with lying to Boston Police detectives investigating that alleged misconduct.

Assistant District Attorney David Deakin arraigned Rubino today in Middlesex Superior Court. Rubino had been scheduled for arraignment Wednesday in Suffolk Superior Court, but the chief justice of the Superior Court Department transferred the case on her own initiative to Middlesex County in light of familial ties between the defendant and the courthouse with jurisdiction.

Judge Diane Kottmyer set Rubino’s bail at $2,000. She further ordered Rubino to have no contact with the alleged victims while his case is pending.

According to paperwork filed in the case, Rubino twice engaged in sexual misconduct with a female prisoner while she was handcuffed and shackled at the Edward Brooke Courthouse, where Rubino was assigned. Those incidents are said to have taken place early this year, and Rubino allegedly lied about them when confronted by Boston Police detectives.

Rubino is also said to have traded cash and cigarettes for sexual acts with a second female prisoner, also in the Brooke Courthouse, either late last year or early this year.

Under Chapter 268, Section 21A, of the Massachusetts General Laws, a prisoner cannot consent to sexual activity with a jail or prison guard: such activity is considered a felony on the guard’s part and is punishable by up to five years in state prison.

“That protection doesn’t extend to prisoners in the custody of a court officer or even a DYS worker,” Conley said. “That’s a loophole in the law that we need to change.”

Conley today sent letters to the president of the Massachusetts Senate, the speaker of the Massachusetts House, and the chairs of the Joint Committee on the Judiciary outlining his recommendations.

Those changes would add “an official of the Commonwealth or any of its subdivisions whose official duties require the official to have custody of one or more inmates confined to any penal or correctional institute in the Commonwealth” to the list of those barred from sexual activity with inmates, Conley said.

Rubino is represented by attorney Steven Sack. He will return to court on Jan. 6.