Includes Specific Reforms and Principles Grounded in Progressive Prosecution

BOSTON, March 25, 2019—Suffolk County District Attorney Rachael Rollins this evening announced the release of a 65-page policy memo that defines her bold vision for her office and provides specific instructions to her staff on handling the low-level, non-violent offenses that she pledged to divert, dismiss, or otherwise resolve without incarceration.

“This document is a memo to my staff, but it also fulfills a commitment I made to the community we serve,” District Attorney Rollins said. “This is a roadmap to a criminal justice system that works equally for everyone, based on research, data, and input from across the spectrum of stakeholders.”

Click here to read The Rollins Memo.

District Attorney Rollins distributed the memo to her staff earlier today in advance of this evening’s general announcement. While parts of it lay out office-wide goals to minimize the impact of the criminal justice system and reduce racial and socioeconomic disparities, it also contains specific guidelines for addressing some of the most common – but least serious – offenses that prosecutors handle in Suffolk County’s nine district and municipal courts.

“We start with a presumption that, in most cases, these charges don’t need to be prosecuted,” District Attorney Rollins said. “Dismissal, diversion, treatment, and services are much more often the appropriate outcomes.”

District Attorney Rollins thanked her staff, and in particular her executive staff and transition team, for their assistance in drafting, revising, and formatting the unprecedented policy guide – a process that utilized the expertise of prosecutors, defense attorneys, retired judges, and returning citizens in equal measure.

“I’m grateful to all of them for their input,” she said, “but most of all I’m grateful to the people of Suffolk County for placing their trust in me and supporting my mission.”

BOSTON, March 20, 2019 — Suffolk County District Attorney Rachael Rollins today announced the indictment of an East Boston man for sexually assaulting one child, enticing another to create child pornography for him, and transmitting dozens of graphic sexual images of minors through a smartphone application.

A Suffolk County grand jury yesterday returned indictments charging DOMENIC D’AMORE, 29, of East Boston with:

BOSTON, March 18, 2019 — District Attorney Rachael Rollins today announced that her office has secured a plea in a 2017 stabbing motivated by transphobic animus that seriously injured a disabled person.

DAVID DELACRUZ, 31, on Thursday pleaded guilty to charges of assault and battery with a dangerous weapon, assault and battery on a disabled person, assault and battery for the purposes of intimidation, and violation of the victim’s civil rights. Judge Robert Tochka sentenced the defendant to a term of five to seven years in state prison followed by two years of probation, during which time he must stay away from and have no contact with the victim, stay away from the area of Egleston Square where the attack took place, wear a GPS monitor, and undergo an alcohol abuse evaluation and any treatment deemed necessary. more »

BOSTON, March 15, 2019 — Suffolk County District Attorney Rachael Rollins today announced that her office has secured restitution on behalf of a dozen victims who were defrauded of savings they invested in non-traditional accounts.

GUILLERMO ZAPATA, 47, formerly of Chelsea, on Monday pleaded guilty to a charge of larceny over $250 by scheme in East Boston Municipal Court. Judge John McDonald sentenced the defendant to five years of probation, during which time the defendant is barred from opening a community savings bank without proper licensure and permission from the court, must stay away from and have no contact with the victims named in the case, and write a letter of apology. At prosecutors’ request, Judge McDonald also ordered restitution be paid to the victims within 30 days. more »

BOSTON, March 11, 2019—Suffolk County District Attorney Rachael Rollins today announced the formation of her Discharge Integrity Team, a panel she has tasked with assisting her in performing an outside review of the Feb. 22 fatal police-involved shooting on Gerard Street in Roxbury.

Fulfilling her pledge to bring in outside experts for a transparent examination of the facts in every such case, District Attorney Rollins said these team members were selected for their impartiality, reputations for excellence, and specific expertise in community advocacy, criminal prosecution and defense, police investigations, and the rules of evidence and criminal practice in Massachusetts courts. They are:

• Phillomin Laptiste, Executive Director of the Bowdoin Street Health Center. Ms. Laptiste was born and raised on Bowdoin Street and has spent her professional life as an advocate for the Bowdoin/Geneva neighborhood while pursuing public health options for all of Boston’s residents. She has direct and personal experience with homicide and the health and safety impacts of trauma.

• David E. Meier, a partner at the law firm of Todd & Weld handling criminal defense matters. Mr. Meier served as the chief of the Suffolk County District Attorney’s Homicide Unit from 1996 to 2008 and oversaw all death investigations, including fatal police shooting investigations, in Suffolk County during that time. Mr. Meier played a key leadership role in the Suffolk DA’s DNA Committee, which reviewed wrongful conviction claims as the precursor to today’s Conviction Integrity Program.

• Detective Lieutenant Robert Murphy, Commanding Officer of the State Police Detective Unit assigned to District Attorney Rollins’ office. A recipient of the Superintendent’s Unit Commendation and a Hero’s Award from the National Center for Missing and Exploited Children, Detective Lieutenant Murphy has 20 years of experience in homicide and death investigations.

• The Honorable Charles T. Spurlock (Ret.), a highly-experienced and well-respected former judge who was appointed to the Roxbury District Court bench in 1986 by Governor Michael Dukakis and went on to preside over dozens of homicide trials as an associate justice of the Superior Court from 1992 until his retirement in 2010. Prior to joining the bench, Judge Spurlock was a supervising attorney for the Committee for Public Counsel Services in Roxbury.

“These cases are incredibly complex, emotionally-charged, and extremely important to both law enforcement and the community at large,” District Attorney Rollins said. “I’m confident that Ms. Laptiste, Mr. Meier, Detective Lieutenant Murphy, and Judge Spurlock will offer valuable assistance in assessing the facts, evidence, context, and law free from any bias – or even the appearance of bias. They will bring a fresh set of eyes and a variety of experiences to an issue of great public concern.”

The DIT members will convene on at least a monthly basis to review the progress of the investigation into the Feb. 22 encounter between 36-year-old Kasim Kahrim and Boston Police officers, during which Mr. Kahrim was fatally wounded and an officer suffered multiple gunshot injuries. The DIT will meet directly with District Attorney Rollins and her top prosecutor, First Assistant DA Daniel Mulhern, whom she assigned to the investigation and who reports directly and exclusively to her. They will assess the state of the evidence, monitor the direction of the investigation, and examine the procedural steps undertaken by investigators on the ground. They will make inquiries, offer insights, and present objective opinions based on their thorough review.

The innovative creation of an outside review team to assist in officer-involved fatal shootings is believed to be unique in Massachusetts and across the nation, District Attorney Rollins said, and fulfills her campaign promise to address concerns about independence in officer-involved shootings while maintaining the District Attorney’s exclusive statutory authority to “direct and control” all death investigations.

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All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

Youth, 19, Was Slain; Six Others Injured at Chelsea Party

BOSTON, March 8, 2019—A Lynn teen pleaded guilty yesterday as his trial was set to begin on charges that he opened fire during a party three years ago, killing 19-year-old Pablo Villeda and injuring six others, Suffolk County District Attorney Rachael Rollins said.

EMANUEL MARRERO, 19, pleaded guilty to second-degree murder in connection with Pablo Villeda’s March 6, 2016, shooting death, as well as six counts of armed assault with intent to murder and related charges for injuries suffered by six other young people. more »

BOSTON, March 6, 2019—Suffolk County District Attorney Rachael Rollins and MBTA Transit Police Chief Kenneth Green today announced indictments against a former police officer who allegedly beat a homeless man and two sergeants accused of assisting him in covering up the excessive and unlawful use of force.

“The conduct alleged in these indictments is unacceptable at every level,” District Attorney Rollins said. “The charges reflect an unprovoked armed assault by a uniformed officer on a vulnerable member of our community, followed by a joint venture with supervising officers to cover up that crime. Actions like these undermine the hard work of countless honest, professional police officers and seriously erode trust in law enforcement. Crimes against public integrity are some of the most important that my office can bring on behalf of victims and our community, and I take them extremely seriously.”

“Words cannot express the extreme disappointment I have in the officers who violated the victim’s and the public’s trust in such an egregious manner,” Chief Green said. “However I refuse to allow the corrupt actions of these individuals to tarnish the vast majority of the men and women of the Transit Police who day in and day out wear their badges and perform their duties with honor and integrity.”

Based on a lengthy investigation by Transit Police detectives and Suffolk County prosecutors, the Suffolk County Grand Jury today returned indictments charging former Transit Police Officer DORSTON BARTLETT, 65, of Lynn with assault and battery with a dangerous weapon and violating a person’s civil rights for allegedly using his baton to strike a 32-year-old homeless man multiple times at Ashmont station in the early morning hours of July 27, 2018.

The indictments also charge Bartlett with misleading a police officer for allegedly giving false statements to two Boston Police officers who later responded to the scene, as well as assault and battery for allegedly grabbing and pushing the victim during the booking process that followed his arrest.

The Suffolk County Grand Jury returned additional indictments charging Bartlett, Sergeant DAVID FINNERTY, 43, of Rutland and Sergeant KENNY ORCEL, 55, of Chelmsford with making a false report as a public officer or employee, and additionally indicted Finnerty and Orcel as accessories after the fact to assault and battery with a dangerous weapon. These charges stem from the alleged collusion among all three to create a false incident report on Bartlett’s encounter with the victim in the hours following the assault.

At the time of the offenses, Finnerty was the shift officer in charge and Orcel was the shift patrol supervisor; both were placed on leave – and Bartlett retired – last year in the course of the investigation.

The evidence suggests that Bartlett arrested the victim after the assault and attempted to charge him with assault and battery on a police officer. In support of that charge, Finnerty allegedly drafted a report that was submitted by Bartlett and ultimately approved by Orcel. Later the same morning, a member of the Transit Police command staff learned of Bartlett’s use of force and reviewed both a preliminary draft of that report and video from public safety cameras at Ashmont station. Based on his observations, he ordered the victim released from custody, charges did not issue, and the criminal investigation was launched.

Myriah Young is the DA’s victim-witness advocate assigned to the case. Bartlett, Finnerty, and Orcel are expected to appear for arraignment on March 27.

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All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

BOSTON, Feb. 22, 2019—Suffolk County District Attorney Rachael Rollins today made the following statement to the community on this morning’s fatal shooting involving a Boston Police officer:

“Any loss of life is tragic and this morning’s events on Gerard Street are no exception. I want to express my relief that the injured officer is expected to survive. I hope for his full recovery, and my thoughts are with his family at home and his brothers and sisters in law enforcement. I also want to express my deep sadness and sympathies for the family and loved ones of the man whose life was lost. They, too, are undoubtedly in shock at circumstances beyond their control.

“I want to assure the people of Boston and Suffolk County that I will be conducting an independent investigation into this incident and it will be full, fair, thorough, and impartial. If anyone in the community has information on this incident they haven’t yet disclosed, they can feel safe bringing it to my attention.

“In these early stages, I have assigned First Assistant District Attorney Daniel Mulhern to handle this investigation and report directly to me. As my direct representative, ADA Mulhern responded to the scene last night and has updated me regularly throughout the early morning hours, as has Commissioner Gross. I spoke with the Commissioner immediately after the shooting and we have communicated several times since then.

“By statute, this investigation and all decisions stemming from it rest exclusively with me, the District Attorney, independent of any other agency or individual. I pledge to base any decision I make exclusively on the facts, the evidence, and the law, and again I offer my prayers and condolences to both families impacted by this shooting.”

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All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

BOSTON, February 15, 2019 — Suffolk County District Attorney Rachael Rollins today commended the work of prosecutors, victim witness advocates, and the police whose diligence and dedicated efforts led to a verdict in the 2014 murder of 20-year-old William Davis Jr.

Wednesday, jurors in the Suffolk Superior Court trial of AMIR RICHARDSON, 27, of Dorchester, found him guilty of first-degree murder in Davis’ 2014 shooting death. Richardson faces a mandatory term of life in prison when he is sentenced Feb. 22.

“Our office has worked diligently since the afternoon Mr. Davis was murdered to support his family and loved ones through the most devastating event imaginable and to help a community shaken by this act of violence,” Rollins said. “I’m grateful for the work of my prosecutors, victim witness advocates, and the Boston Police homicide detectives who worked to hold Richardson accountable for his actions not only to the Davis family, but to our community as a whole.”

Assistant District Attorney Tara Burdman introduced evidence and testimony during the course of the trial to prove that Richardson shot Davis three times in the area of 555 Dudley Street shortly after 1:30 p.m. on Dec. 17, 2014. Davis died of his injuries at Boston Medical Center. The evidence proved that Richardson then entered a GMC Terrain occupied by two other men and fled the scene. A search of the vehicle recovered the distinctive red jacket Richardson was observed wearing during the shooting and a revolver containing six spent shell casings that were ballistically matched to the bullets recovered from Davis’ body.

One of men in the waiting SUV, MARQUEESE SKINNER, 31, of Dorchester, in 2017 pleaded guilty to being an accessory after the fact to murder.

Assistant District Attorney Julianne Campbell of the DA’s Appellate Division second-seated Burdman at trial. Edith Ayuso is the DA’s assigned victim witness advocate. Richardson is represented by Michael Doolin. Sentencing before Judge Janet Sanders will take place at 9 a.m. Feb. 22 in courtroom 907 of Suffolk Superior Court.

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All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

Prosecutors Will Seek Reconsideration of Retroactive Sentence, DA Says

BOSTON, Feb. 15, 2019—The day after a North Reading man was convicted of hate crimes and other offenses for a 2017 assault on a woman from Morocco, Suffolk County District Attorney Rachael Rollins said “there is no place for hate and bigotry in our city.”

After a two-day jury-waived trial in Suffolk Superior Court, SEAN DEVLIN, 35, was found guilty yesterday of violating the victim’s constitutional rights, assault and battery for purpose of intimidation, assault and battery on a person over 60, and wanton destruction of property.

“Everyone is welcome in Boston and Suffolk County,” District Attorney Rollins said. “The defendant’s actions were unconscionable and unacceptable, and the verdict reflects that. But I want to point out and thank the people who stood up for the victim and defended her rights at every step of this case. From MBTA passengers, who witnessed the assault and testified at trial, to Transit Police investigators to Suffolk prosecutors and victim advocates, they proved that racial and religious intolerance have no home here.”

At a sentencing hearing today, Assistant District Attorney David Wittenberg recommended a three-year prison term – the maximum penalty for the most serious offense – followed by two years of probation with orders that Devlin undergo evaluations for substance use and mental health, remain alcohol free, undergo drug treatment and screening as deemed necessary, and perform 100 hours of community service after participating in a diversity program for hate crime defendants.

Suffolk Superior Court Judge Janet Sanders imposed one year of probation following two years in a house of correction, but ordered that sentence nunc pro tunc – or retroactive – to the date of his arrest, making him eligible for release in four months. Because most of the time Devlin spent behind bars since that time was for Middlesex County convictions and not for consequences stemming from his behavior in this Suffolk County case, District Attorney Rollins said she would seek reconsideration of that decision and appeal it if necessary.

“The sentence as it was imposed does not reflect the seriousness of these offenses,” District Attorney Rollins said. “Hate crimes spread fear across entire neighborhoods and communities. There are legal and moral reasons Devlin ought to serve a significant Suffolk County sentence for a serious Suffolk County crime.”

At trial, prosecutors proved that Devlin was riding an Orange Line train on June 19, 2017, when he began shouting anti-Muslim slurs at the 61-year-old victim, who was wearing a hijab as she returned from a prayer service during Ramadan. Devlin mocked the woman, telling her to take it off and return to her country.

“This is my country,” responded the woman, a resident of East Boston who had emigrated from Morocco and recently became an American citizen.

The evidence further showed that Devlin accused the woman of having a bomb in her bag and punched a window near her head, breaking it. As the woman left the train in fear, Devlin struck her.

In an impact statement following the verdict, the woman told the court that she felt tense and afraid in the days and weeks following the assault.

“I used to cry daily and pray for justice,” she said through an interpreter. “Why would someone attack me just for wearing something different? I am so thankful my rights were taken seriously … I am here for peace, tranquility, and safety.”

After thanking the court through the interpreter, she spoke one more sentence – this time in English.

“God bless America,” she said.

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All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

BOSTON, Feb. 14, 2019—The day after a Suffolk Superior Court jury convicted a man of raping a disabled woman in her home, District Attorney Rachael Rollins reaffirmed a pledge to make her office a safe and welcoming place for survivors.

Jurors yesterday found STEVEN MILLER, 57, guilty of two counts of rape for the 2017 attack on a then-59-year-old woman whose medical condition left her with limited mobility. Jurors also found Miller guilty of single counts of assault and battery on a disabled person and strangulation or suffocation. Because of a prior rape conviction in 1987, Miller faces a second trial Wednesday on his indictment as a subsequent offender. He faces up to life in prison.

“Disclosing a sexual assault can be among the hardest decisions a survivor has to make,” District Attorney Rollins said. “I understand the complexity of that decision and I want every survivor to know we provide a safe, supportive environment at every stage of the investigation and prosecution. Just like the woman in this case, whose strength and courage allowed us to hold the defendant accountable for the harm he caused, we’re putting survivors’ best interests first.”

During two days of testimony, Assistant District Attorney Ursula Knight, chief of District Attorney Rollins’ Elders & Persons with Disabilities Unit, showed that Miller and the victim had a romantic relationship and that Miller demanded sex on the night of Feb. 8, 2017, in her Columbia Road home. When she refused, he beat, smothered, and raped her. The evidence demonstrated that the woman suffered from a medical condition that left her with very limited mobility and relied on a walker to get around. A neighbor called police the next morning after checking in on her and learning of the assault.

Sexual assault can happen to anyone, District Attorney Rollins said. While the victims of any crime are asked to call 911 in an emergency, survivors of sexual violence can also call their local rape crisis center for free and confidential services and to discuss their options. Support is available for all survivors of sexual violence, regardless of whether they wish to take part in a criminal prosecution. Services by city and town can be found through Jane Doe Inc. at www.janedoe.org/find_help/search. Jane Doe Inc. is a coalition of 60 local member programs working together to find lasting solutions that promote the safety, liberty, and dignity for victims and survivors of sexual and domestic violence.

In Suffolk County, the Boston Area Rape Crisis Center offers a free and confidential 24-hour hotline at 800-841-8371. The Boston Area Rape Crisis Center provides medical accompaniment and many other free services to victims of rape and sexual assault. Suffolk victim-witness advocates can assist in referrals to BARCC and a wide array of non-profit service providers who can offer additional support and services.

Sasha Brown was the victim-witness advocate assigned to the case. Miller was represented by attorney John Tardiff.

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All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

BOSTON, February 7, 2019 — As part of her commitment to empowering survivors, Suffolk County District Attorney Rachael Rollins today announced that a former employee of a Department of Youth Services vendor has been sentenced to prison after pleading guilty to sexually assaulting two young victims.

JAMES CHRISTIAN, 48, on Tuesday pleaded guilty to four counts of rape of a child in connection with sexual assaults more than a decade ago on two boys who are now adults. Judge Linda Giles sentenced Christian to four to six years in state prison followed by five years of probation. Assistant District Attorney Maryrose Anthes had recommended a term of eight to 10 years in state prison. more »

BOSTON, Jan. 29, 2019—Suffolk County District Attorney Rachael Rollins joined local, state, and federal officials along with the leaders of public, private, and non-profit agencies today to adopt updated protocols protecting the young victims of human trafficking and commercial sexual exploitation.

District Attorney Rollins was among dozens of representatives of law enforcement, medical and mental health care, human services, youth advocacy, education, and other disciplines at the Children’s Advocacy Center of Suffolk County who signed a memorandum of understanding outlining their responsibilities as participants in the Support to End Exploitation Now (SEEN) coalition. The MOU codifies policies and practices that have evolved since the coalition was first formed more than a decade ago. more »

BOSTON, Jan. 10, 2019—Suffolk County District Attorney Rachael Rollins announced today that Jennifer Grace Miller will be her Chief of Staff, citing her broad experience in senior government positions, including stints at two statewide law enforcement agencies. Miller’s first day will be Feb. 1, 2019.

Miller has most recently served as Counsel to the Massachusetts Senate, where she was the chief legal counsel to 40 senators and approximately 200 staff members. Prior to joining the Senate, Miller was Chief of the Government Bureau in the Massachusetts Attorney General’s office. As Chief, Miller supervised roughly 100 lawyers and staff in three divisions. She previously served as the Bureau’s Deputy Chief and as an assistant attorney general in the Administrative Law Division, focusing primarily on civil appellate work. Among other high-profile litigation, Miller argued the Massachusetts buffer zone case, McCullen v. Coakley, at the United States Supreme Court.

Miller began her public service career as Senior Staff Counsel at the Supreme Judicial Court. She then served as Assistant Solicitor General in the New York Attorney General’s office.

“Jennifer Grace Miller is a smart, dedicated public servant with deep experience managing complex government institutions and sophisticated litigation,” District Attorney Rollins said. “She has worked in all three branches of government and will bring a trusted set of skills and perspective to the District Attorney’s office.”

“Jennifer has been a wonderful asset to the state Senate, providing a steady hand through difficult times,” stated Senate President Karen E. Spilka. “Jennifer’s professionalism, intellect, and caring nature will serve her well as she steps into her role with District Attorney Rollins, and we wish her all the best.”

Prior to entering the public sector, Miller was a litigation associate at two national firms, Goodwin Proctor in Boston and Weil Gotshal in New York. She received her law degree from Boston University in 1993 and her undergraduate degree from Columbia University in 1989.

Among other honors, Miller was inducted into the Lawyer’s Weekly “Circle of Excellence” and received the Boston University Public Interest Project Pro Bono Award, given to alumni who have demonstrated a commitment to public service. She also serves as a Commissioner on the Massachusetts Access to Justice Commission.

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BOSTON, Jan. 2, 2019—District Attorney Rachael Rollins was sworn in today as Suffolk County’s 16th district attorney, the first woman elected to that position, and the first woman of color to serve as a district attorney anywhere in Massachusetts.

Rollins was administered the oath of office by Geraldine Hines, a former associate justice of the Supreme Judicial Court and the first woman of color to serve on that high court. She in turn swore in about 150 Suffolk County prosecutors whom she oversees as the chief law enforcement officer for Boston, Chelsea, Revere, and Winthrop, Massachusetts.

The standing room only ceremony was held at Roxbury Community College and featured elected officials, faith leaders, current and former members of the Massachusetts bench, law enforcement officials from across the region, community members from all walks of life, and members of Rollins’ family.

An attorney for 20 years with degrees from the Northeastern University School of Law and the Georgetown University Law Center, Rollins had previously served as a field attorney at the National Labor Relations Board in Boston and as an attorney with the law firm of Bingham McCutchen including a rotation through the Plymouth County District Attorney’s office. She handled civil and criminal matters as a federal prosecutor with the United States Attorney’s office in Boston for four years before serving as general counsel for both MassDOT and the MBTA, and went on to become the chief legal counsel for the Massachusetts Port Authority.

A cancer survivor, a mother, and an aunt with custody of two nieces, Rollins was elected to her current position at the age of 47 with a mandate to change, reform, and improve the criminal justice system. She pledged to use that platform locally and nationally with the support and assistance of her prosecution staff and professionals from many other fields of expertise as well.

“We have a big job ahead of us – changing perceptions and expectations of how the criminal justice system can best serve the community, and how necessary other disciplines are to our shared success,” she said. “Professionals in education, medical and mental health, social services, housing, and many other fields all play a part in public safety and we need their collaboration as surely as we need police and prosecutors. Positive change is in the air, and I’m looking forward to achieving it together with the people of Suffolk County.”

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All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.