AS A CONSEQUENCE OF THE MASS KILLINGS IN MAINE, GUN ZEALOTS ARE CIRCULATING A GREAT DEAL IS MISINFORMATION, DISINFORMATION & HYSTERIA. LET'S WORK TO GATHER FACTS!
EVERYTOWN FOR GUN SAFETY HAS OFFERED AN EVALUATION OF LAWS
A popular theory links the closing of state psychiatric hospitals to the increased incarceration of people with mental illness. But the reality is more complicated.
MASSACRE IN MAINE — A pair of mass shootings in Lewiston that left 18 people dead and 13 others injured prompted an outpouring of support from top Massachusetts officials on Thursday. But the violence just 140 miles to the north doesn’t appear to be accelerating gun legislation on Beacon Hill.
After inter-chamber procedural squabbles and dissent from within the Democratic caucus derailed House leaders’ gun bill over the summer, representatives rammed through sweeping new regulations earlier this month targeting so-called ghost guns and limiting where people can carry firearms in public, among other changes.
But top Senate Democrats aren’t planning to roll out their gun bill until January , a spokesperson for Senate President Karen Spilka told Playbook.
Spilka told Playbook she believes it’s more important to get gun legislation right than to force it through before formal sessions end for the year on Nov. 15.
“It’s a very complex issue. The House struggled with it, they took their time as well,” Spilka said. “But we recognize the true sense of urgency here.”
Senate President Karen Spilka is reaffirming her commitment to getting gun legislation done this session. | Lisa Kashinsky/POLITICO
The Senate’s timeline would give the two chambers six or seven months to hash out any differences between their bills in order to hit Spilka and House Speaker Ron Mariano’s shared goal of getting gun legislation to Gov. Maura Healey’s desk by the end of the two-year session.
Healey declined to weigh in on the state of the state’s gun laws on Thursday, saying it was “not the day.” The governor and Massachusetts State Police have been in contact with their counterparts in Maine to offer support, including grief counselors and law enforcement personnel. Healey also ordered flags to half-staff in solidarity with the victims and their families.
“We will do whatever we can in terms of providing support,” Healey told reporters, adding that it’s “obviously a devastating situation.”
Even as the Senate effectively presses pause on gun legislation until next year, lawmakers here are aiming to build on firearms regulations that are already among the strongest in the country, according to Everytown for Gun Safety.
Massachusetts’ rules are far stricter than those on the books in Maine, which does not require background checks for private gun sales or permits for concealed carry. Massachusetts has a “red flag” law that lets law enforcement and family members petition to have a judge seize someone’s gun if they’re a risk to themselves or others. Maine has a looser “yellow flag” lawthat’s coming under scrutinyafter the shootings.
Top Massachusetts Democrats are responding to the tragedy to the north by renewing their callsfor more stringent federal gun rules. President Joe Biden, too, urged congressional Republicans to support a ban on assault weapons and high-capacity magazines, among other gun restrictions. But that’s unlikely to happen.
Also a longshot: California Gov. Gavin Newsom’s push to inscribe gun restrictions in the U.S. Constitution. Newsom's office has contacted Healey's office about his proposed 28th Amendment, a spokesperson for Healey confirmed. But her office declined further comment. More on Newsom's push from POLITICO's Jeremy B. White and Lara Korte.
TODAY — Healey and Boston Mayor Michelle Wu speak at an LPGA press conference at 9:30 a.m. at Fenway Park. Healey is honored at the Boston Irish Honors Luncheon at 11:30 a.m. in the Seaport and meets with German Ambassador to the U.S. Andreas Michaelis at 2:30 p.m. at the State House. Wu speaks at a BPD recruit graduation ceremony at 11 a.m. at the BCEC. Rep. Lori Trahan highlights federal funding at 10 a.m. at Dracut Town Hall.
THIS WEEKEND — Brian Kane , executive director of the MBTA Advisory Board, is on WBZ’s “Keller @ Large” at 8:30 a.m. Sunday. Wu is on WCVB’s “On the Record” at 11 a.m. Sunday. Rep. Seth Moulton and EEA Secretary Rebecca Tepper are on NBC10’s “At Issue” at 11:30 a.m. Sunday.
Don’t let cavities rain on your parade. Delta Dental of Massachusetts is committed to educating communities around the state, rain or shine, about the importance of oral health. Your oral health is a key predictor of overall health and can help prevent heart disease, diabetes, and other health concerns later in life. A healthy smile is a powerful thing, so speak with your dentist and learn more at ExpressYourHealthMA.org.
WHAT YOU NEED TO KNOW TODAY
Heart-shaped cut-outs with messages of positivity adorn trees in downtown Lewiston, Maine, Thursday, Oct. 26, 2023. | AP
DATELINE, LEWISTON — Authorities have issued an arrest warrant for 40-year-old Robert Card of Bowdoin, Maine, for eight counts of murder. That number that is expected to rise. Several Maine communities were locked down on Thursday as police searched for the elusive suspect.
“I have opposed efforts to ban deadly weapons of war like the assault rifle used to carry out this crime,” Golden said at a news conference in Lewiston. “The time has now come for me to take responsibility for this failure, which is why I now call on the United States Congress to ban assault rifles.”
But Maine Sen. Susan Collins , a Republican, said it’s “more important” to ban “very high-capacity magazines” than assault rifles.
— “Mass. Senate unanimously passes bill to make period products free in many restrooms,”by Kinga Borondy, Telegram & Gazette: “A bill to make feminine hygiene products available for free in certain publicly funded restrooms — in public schools, in group homes and shelters, and in prisons and jails — unanimously passed the Massachusetts Senate on Thursday.”
— “Report: State lags in classifying sex offenders,”by Christian M. Wade, Daily News of Newburyport: “The report by State Auditor Diana DiZoglio, released Wednesday, found that the state’s Sex Offender Registry isn’t classifying some offenders before they are released from prison and is failing to conduct address verification checks on others convicted of sex crimes, among other allegations. DiZoglio said the findings suggest the agency hasn’t fully implemented recommendations of a scathing 2017 audit.”
GO INSIDE THE CAPITOL DOME: From the outset, POLITICO has been your eyes and ears on Capitol Hill, providing the most thorough Congress coverage — from political characters and emerging leaders to leadership squabbles and policy nuggets during committee markups and hearings. We're stepping up our game to ensure you’re fully informed on every key detail inside the Capitol Dome, all day, every day. Start your day with Playbook AM, refuel at midday with our Playbook PM halftime report and enrich your evening discussions with Huddle. Plus, stay updated with real-time buzz all day through our brand new Inside Congress Live feature. Learn more and subscribe here.
BALLOT BATTLE
— “Inside the movement to legalize magic mushrooms in Massachusetts,”by Chris Serres, Boston Globe: “There are scores of people who have been growing and sharing magic mushrooms through underground networks for years support legalization because they want the therapeutic benefits to be more widely shared. Many researchers also see formal legalization as a vital way to demystify a plant that is considered non-addictive and has been used in Indigenous ceremonies for thousands of years. Yet there are other psilocybin users who are opposed to legalization because they fear any measure will result in a system of rules limiting access and driving up costs.”
FROM THE HUB
— “‘We cannot let that stand’: Wu moves forward with plan to clear ‘Mass. and Cass’,”by Chris Serres, Boston Globe: “Mayor Michelle Wu unveiled a detailed plan early Thursday for quickly clearing tent encampments in the area around the intersection of Massachusetts Avenue and Melnea Cass Boulevard, while taking steps to address the underlying problems that turned the area into a dangerous haven for addicts and sex traffickers. … The mayor’s plan calls for the full dismantling of tents and other structures at Mass. and Cass by month’s end — an effort that will include heavy involvement by the Boston Police Department and a coordinated outreach effort by social service agencies.”
— “In Boston’s District 3, candidates have similar priorities, different answers,”by Sean Cotter, Boston Globe: “Despite their diverging political philosophies, candidates John FitzGerald and Joel Richards largely both agree on the main issues facing Dorchester-based District 3. The onetime acolyte of former Boston mayor Marty Walsh and the teacher endorsed by the Democratic Socialists of America, however, in some cases split markedly on how to tackle them.”
A message from Delta Dental of Massachusetts:
IT'S NOT EASY BEING GREEN
— “Climate migration to Massachusetts ‘an urgent concern’,”by Jennifer Smith, CommonWealth Magazine: “Massachusetts is already struggling to keep pace with emergency housing needs for migrants, many fleeing unsafe political conditions in other countries. A new report from the state’s climate chief warns that the Commonwealth also needs to prepare to receive climate migrants and refugees from inside and outside of the US as global weather conditions become more unstable.”
MARIJUANA IN MASSACHUSETTS
— “WMass cannabis companies sue over federal prohibitions on pot commerce,”by Stephanie Barry, Springfield Republican: “A group of cannabis companies are challenging the constitutionality of a portion of the federal Controlled Substances Act that they say has throttled pot shops and grow operations deemed legal under state laws.”
THE LOCAL ANGLE
— “Worcester election: See how much money the candidates have raised, and spent,”by Marco Cartolano, Telegram & Gazette: “In the race for mayor, incumbent Joseph M. Petty had the most money on hand by the end of September while one of his rivals, Councilor-at-Large Donna M. Colorio, came in second for available cash.”
— “Open Meeting Law complaints filed against Foxboro school committee over Warriors logo vote,”by Jeff Peterson, The Sun Chronicle: “Legal counsel has been enlisted to draft a formal response to five residents who claim school committee members violated the state Open Meeting Law earlier this month when voting to replace the traditional Native American logo as the face of local athletic teams.”
PLAYBOOK IS GOING GLOBAL! We’re excited to introduce Global Playbook, POLITICO’s premier newsletter that brings you inside the most important conversations at the most influential events in the world. From the buzzy echoes emanating from the snowy peaks at the WEF in Davos to the discussions and personalities at Milken Global in Beverly Hills, to the heart of diplomacy at UNGA in New York City – author Suzanne Lynch brings it all to your fingertips. Experience the elite. Witness the influential. And never miss a global beat. BE PART OF THE CONVERSATION. SUBSCRIBE NOW .
MEANWHILE IN NEW HAMPSHIRE
READY, SET, GO — Rep. Dean Phillips (D-Minn.) plans to formally kick off a longshot primary campaign against President Joe Biden this morning in Concord, after filing paperwork with federal campaign finance regulatorslast night. He also appeared to release and then delete a launch video playing up his “love” for New Hampshire.
Meanwhile, a group of prominent Democrats in the state are delaying the launch of their write-in campaign for Biden — who declined to file for the primary ballot with New Hampshire likely to hold an unsanctioned Democratic nominating contest — because of the shootings in Maine, the Boston Globe’s Lissandra Villa Huertareports.
MEANWHILE IN RHODE ISLAND
— “Poll: Amo leads Leonard in RI race for Congress,”by Ted Nesi, WPRI: “Democrat Gabe Amo has a double-digit lead over Republican Gerry Leonard in the special election for Rhode Island’s 1st Congressional District, according to a newly released poll.”
MEDIA MATTERS
REVAMP COMING — CommonWealth Magazine is rebranding as CommonWealth Beacon on Wednesday with a “renewed commitment” to long-form journalism (CommonWealth In-Depth) and a revamped opinion section (CommonWealth Voices). CommonWealth also says it will give away its content to other news outlets in an effort to “help strengthen local news coverage across the state.”
A message from Delta Dental of Massachusetts:
As a mission-driven organization, Delta Dental of Massachusetts is invested in the health of our communities. Oral health goes beyond the mouth, and we know that access to dental care can impact everything from mental and physical health, to economic well-being. That’s why we’re committed to Massachusetts and working together to confront the systemic challenges of a health system that doesn’t work for everyone. We see change as an opportunity for progress on things that matter. We’re working to increase access to oral care across the state, support the expansion of a more diverse dental workforce, and incentivize preventive care. These priorities not only express Delta Dental’s values, they help everyone in our communities express their health. To learn more about Delta Dental’s commitment to the community, visit ExpressYourHealthMA.org.
HEARD ‘ROUND THE BUBBLAH
HAPPY BIRTHDAY — to Rep. Lori Trahan, Stephanie Knapp of DCAMM and Playbook fan Cara Burke.
HAPPY BIRTHWEEKEND — to Alex Harris and the Washington Post’s Taylor Telford , who celebrate Saturday, and to Sunday birthday-ers POLITICO’s Steve Heuser, Joanne Goldstein, Paolo Martins, Leora Eisenberg and Daisy Letendre.
NEW HORSE RACE ALERT: POLL-O-WEEN — Hosts Steve Koczela and Jennifer Smith have a bumper crop of new polls to discuss, as well as the state’s new guidance for equity in higher education. Host Lisa Kashinsky checks in from the presidential campaign trail in New Hampshire. Subscribe and listen on iTunes and SoundCloud .
Want to make an impact? POLITICO Massachusetts has a variety of solutions available for partners looking to reach and activate the most influential people in the Bay State. Have a petition you want signed? A cause you’re promoting? Seeking to increase brand awareness among this key audience? Share your message with our influential readers to foster engagement and drive action. Contact Jesse Shapiro to find out how: jshapiro@politico.com.
IN A MOVE that reform advocates call an alarming turn away from the effort to reduce the role of bail in the criminal justice system — a position her own campaign embraced two years ago — Suffolk County District Attorney Rachael Rollins’s office is seeking a dramatic increase in bail for a defendant after learning that the Massachusetts Bail Fund was prepared to post the money to free him.
Barry Twomey, a 58-year-old homeless Boston man, was arraigned on July 7 on armed robbery charges after he was arrested on July 2 at the South Bay Mall, where two robberies occurred. Prosecutors asked that he be held on $5,000 bail, an amount Boston Municipal Court Judge Eleanor Sinnott agreed to. But when the district attorney’s office learned that the Bail Fund planned to post the $5,000, it filed a request on August 14 for a new hearing at which prosecutors want the court to order a 10-fold increase in Twomey’s bail to $50,000.
The nonprofit Bail Fund raises money to free indigent defendants who are awaiting trial, arguing that the legal system discriminates against poor people, who often remain behind bars for months before their cases are heard, while those from more well-off backgrounds have family that can post bail and have them released.
In the motion filed earlier this month, the DA’s office argues that Bail Fund involvement constitutes a “changed circumstance” that permits prosecutors to seek an adjustment in Twomey’s bail.
Twomey’s court-appointed lawyer, Patrick Gioia, said he was shocked by the motion and plans to vigorously challenge the argument for increasing his client’s bail. “It’s not a changed circumstance when someone is able to post the bail and that’s the bail the Commonwealth wanted it to be,” Gioia said.
A hearing on the DA’s motion is scheduled for September 3.
The head of the state office that oversees legal representation for indigent defendants decried the DA’s motion and said it underscores a longstanding criticism of the system — that prosecutors are using bail to keep poor defendants from getting out of jail while awaiting trial.
“Seeking to increase a homeless person’s bail by ten times is a disappointing and unprecedented maneuver that shows how bail continues to be unconstitutionally used as pretrial punishment,” said Anthony Benedetti, chief counsel for the Committee for Public Counsel Services. “Bail disproportionately affects the poor and people of color, and the Bail Fund appropriately seeks to give those with the least the same opportunity as wealthy people who are pulled into the criminal legal system. We stand ready and willing to fight any maneuvers by any prosecutor who seeks to intentionally make bail unaffordable.”
Suffolk County District Attorney Rachael Rollins. (Photo by Llyr Johansen)
The stated function of bail is to “reasonably assure” a defendant’s appearance in court to face charges at trial, the DA’s office wrote in its filing. But prosecutors argue that the emergence of the Bail Fund changes the equation. “Bail posted by the defendant or a party known to the defendant provides a direct or indirect incentive for a defendant to return to court,” the motion says. “That same amount of bail posted by a bail fund offers no incentive for a defendant to return to court.”
Lawyers involved in bail reform efforts say there is no firm evidence that defendants released through payments from nonprofit bail funds, which only emerged in various states a few years ago, default at higher rates than other defendants. The Massachusetts Bail Fund’s executive director, Atara Rich-Shea, said it has secured the release of more than 3,700 defendants since being launched in 2013, with only 3 percent of those people defaulting.
“It’s unclear to me how a court could get involved in who is and who is not the right person to pay the money that stands between someone and their freedom,” said Matthew Segal, legal director at the American Civil Liberties Union of Massachusetts. “Our whole system is based on the idea that if you can come up with this money, you get to be free.”
Gioia said a defendant might not like — or feel any particular obligation to — a rich uncle who decides nonetheless to post his bail. Or a person could be bailed out by a girlfriend or boyfriend only to have the relationship end badly while they’re awaiting trial, he said. “Once you open up that door, where does it end?” Gioia said of the DA’s effort to have the court consider a defendant’s “relationship to the surety.”
Rollins’s office did not respond to multiple calls and emails seeking comment on the bail motion.
The Mass. Bail Fund is one of a number of such organizations that have sprung up across the country in recent years as part of broad-based reform efforts to address the unequal justice advocates say the system metes out to the poor and to people of color.
On any given day, nearly half a million people who have not been convicted of a crime are held in US jails, according to a report issued last year by the Criminal Justice Policy Program at Harvard Law School. The widespread use of cash bail payments to secure the release of defendants before trial, the report says, “discriminates based on wealth, exacerbates racial disparities, results in over-incarceration, and imposes unnecessary costs on individuals and society at large.”
The Mass. Bail Fund had been posting bail for defendants generally charged with lower-level offenses who were being held on amounts up to $500. But the surge of public attention to police brutality and racism following the police killing of George Floyd in late May prompted a huge increase in donations to the organization, which has begun posting bail for defendants held on much higher amounts.
The Bail Fund came in for harsh criticism earlier this month when it posted bail for a man charged with rape who was arrested weeks after his release on a new charge charge of rape and allegedly trying to strangle the victim. Shawn McClinton, 39, is a Level 3 sex offender who had two prior rape convictions.
Rollins slammed the Bail Fund for posting the $15,000 bail for McClinton’s release, calling it “the act of a coward.” Attorney General Maura Healey told the Boston Globethe move was “dangerous and irresponsible.”
Defenders of the Bail Fund called the criticism misplaced and said that if prosecutors thought McClinton posed a public safety risk they should have sought a dangerousness hearing, a legal avenue through which a defendant can be held without bail before trial. Rollins argued that such hearings often re-traumatize victims who must testify, but attorneys say many such hearings are conducted without relying on victim testimony.
In Twomey’s case, said Gioia, his court-appointed lawyer, prosecutors could have sought a dangerousness hearing if they thought he should be held without bail. Instead, he said, they took a shortcut that they thought would keep a penniless defendant confined until his trial by seeking $5,000 bail.
“$5,000 was as good as asking for $500,000,” Gioia said. But when the Bail Fund stepped forward, prosecutors suddenly “said they want a redo.”
It’s unclear whether Rollins’s office plans to routinely seek higher bail when it learns the Bail Fund is prepared to secure a defendant’s release.
Gioia said any effort to short-circuit the work of the Bail Fund by raising bail on those it might help would set off a dangerous “arms race” in the system.
Rollins was elected two years ago on a strong reform platform, joining a wave of DAs recently elected around the country who have vowed to radically remake the criminal justice system. “We must remove the disadvantages of poverty and lower incomes,” her campaign platform said. “The Rollins Administration will move towards eliminating cash bail for individuals who do not pose a flight risk.”
Twomey, who has a record of four previous robbery convictions, could face a mandatory life sentence if convicted of masked armed robbery as a habitual offender. The DA’s motion for higher bail said that potential sentence makes him a flight risk, but Gioia said Twomey presents little risk of fleeing since he has no resources to leave the area. Though he’s charged with armed robbery because cashiers at the two South Bay Mall businesses that were held up said he claimed to have a gun, no weapon was found on Twomey when he was arrested in the shopping center parking lot.
Gioia said Twomey “may have mental health issues” and “he may have been under the influence of alcohol” when arrested, pointing out that he was found near the scene of the alleged crimes.
“This motion is an attack on poverty not on the Bail Fund,” said Rich-Shea, the fund’s executive director. “The intention of bail is that it is supposed to be paid and all people, not just rich people, should be free before trial. These attacks on posting bail, by electeds who campaigned on a promise to end cash bail, show that this is a lie. Their intention is that people be incarcerated.”
Rich-Shea said that “is universally the way bail is used, it’s just that with this motion, the DA said the quiet part out loud.”
