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Charges dropped against more than 120 defendants in Massachusetts because they can't get attorney

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Charges dropped against more than 120 defendants in Massachusetts because they can't get attorney
News

News

Charges dropped against more than 120 defendants in Massachusetts because they can't get attorney

2025-07-23 06:25 Last Updated At:06:30

BOSTON (AP) — More than 120 cases, including some for assault on family members and police, were dismissed Tuesday in Boston, the latest fallout from a monthslong dispute over pay that has led public defenders to stop taking new clients.

At a mostly empty courtroom, Boston Municipal Court Chief Justice Tracy-Lee Lyons invoked the Lavallee protocol in dismissing case after case. It requires cases be dropped if a defendant hasn't had an attorney for 45 days and released from custody if they haven't had one for seven days. Tuesday was the first time it was invoked to drop cases, while suspects in custody have been released in recent weeks.

Most were for minor crimes like shoplifting, drug possession and motor vehicle violations.

But several involved cases of assault on police officers and domestic violence. One suspect allegedly punched his pregnant girlfriend in the stomach and slapped her in the face. Another case involved a woman who was allegedly assaulted by the father of her child, who threatened to kill her and tried to strangle her. A third case involved a suspect who allegedly hit a police officer and threated to shoot him.

The judge, repeatedly invoking the Lavallee protocol, dismissed almost all of the cases after being convinced public defenders had made a good-faith effort to find the defendants an attorney. No defendants were in court to hear their cases being dismissed.

“This case will be dismissed without prejudice,” Lyons said repeatedly, noting that all fines and fees would be waived.

Prosecutors unsuccessfully objected to the dismissal of many of the cases, especially the most serious being dismissed.

“The case dismissals today, with many more expected in coming days and weeks, present a clear and continuing threat to public safety,” James Borghesani, a spokesperson for the Suffolk County district attorney’s office, said in a statement. They vowed to re-prosecute all the cases.

"Our prosecutors and victim witness advocates are working extremely hard to keep victims and other impacted persons updated on what’s happening with their cases," he continued. “These are difficult conversations. We remain hopeful that a structural solution will be found to address the causal issues here and prevent any repeat.”

Democratic Gov. Maura Healey, speaking to reporters in Fall River, said the situation needed to be resolved.

“This is a public safety issue and also a due process issue as people need representation," she said. “I know the parties are talking. They have got to find a way to work this out. We need lawyers in court ... and certainly they need to be paid fairly.”

Public defenders, who argue they are the lowest paid in New England, launched a work stoppage at the end of May in hopes of pressuring the legislature to increase their hourly pay. The state agency representing public defenders had proposed a pay increase from $65 an hour to $73 an hour over the next two fiscal years for lawyers in district court, an increase from $85 an hour to $105 an hour for lawyers in Superior Court and $120 an hour to $150 an hour for lawyers handling murder cases.

But the 2026 fiscal year budget of $60.9 billion signed early this month by Healey didn’t include any increase.

“The dismissal of cases today under the Lavallee protocols is what needs to be done for those individuals charged with crimes but with no lawyer to vindicate their constitution rights," said Shira Diner, a lecturer at the Boston University School of Law and the immediate past president of the Massachusetts Association of Criminal Defense Lawyers. "It is, however, not a solution to the deep crisis of inadequate pay for bar advocates. Until there are enough qualified lawyers in courts to fulfill the constitutional obligation of the right to counsel this crisis will only intensify."

Massachusetts is the latest state struggling to adequately fund its public defender system.

In New York City, legal aid attorneys are demanding better pay and working conditions. Earlier this month, Wisconsin Gov. Tony Evers signed a two-year state budget into law that increases the pay of public defenders and district attorneys in each of the next two years. That comes after the Legislature in 2023 also increased the pay to address rising caseloads, high turnover and low salaries.

Public defenders in Minnesota averted a walkout in 2022 that threatened to bring the court system to a standstill. A year later, the legislature came up with more funding for the state Board of Public Defense so it could meet what the American Bar Association recommends for manageable caseload standards.

Oregon, meanwhile, has struggled for years with a critical shortage of court-provided attorneys for low-income defendants. As of Tuesday, nearly 3,500 defendants did not have a public defender, a dashboard from the Oregon Judicial Department showed. Of those, about 143 people were in custody, some for longer than seven days.

Amid the state’s public defense crisis, lawmakers last month approved over $2 million for defense attorneys to take more caseloads in the counties most affected by the shortage and over $3 million for Oregon law schools to train and supervise law students to take on misdemeanor cases.

Boston Municipal Court Chief Justice Tracy -Lee Lyons during court proceedings to dismiss cases in which the defendant has been unrepresented for more than 45 days Tuesday, July 22, 2025, in Boston. (Jonathan Wiggs/The Boston Globe via AP, Pool)

Boston Municipal Court Chief Justice Tracy -Lee Lyons during court proceedings to dismiss cases in which the defendant has been unrepresented for more than 45 days Tuesday, July 22, 2025, in Boston. (Jonathan Wiggs/The Boston Globe via AP, Pool)

U.S. forces have boarded another oil tanker in the Caribbean Sea. The announcement was made Friday by the U.S. military. The Trump administration has been targeting sanctioned tankers traveling to and from Venezuela.

The pre-dawn action was carried out by U.S. Marines and Navy, taking part in the monthslong buildup of forces in the Caribbean, according to U.S. Southern Command, which declared “there is no safe haven for criminals” as it announced the seizure of the vessel called the Olina.

Navy officials couldn’t immediately provide details about whether the Coast Guard was part of the force that took control of the vessel as has been the case in the previous seizures. A spokesperson for the U.S. Coast Guard said there was no immediate comment on the seizure.

The Olina is the fifth tanker that has been seized by U.S. forces as part of a broader effort by Trump’s administration to control the distribution of Venezuela’s oil products globally following the U.S. ouster of President Nicolás Maduro in a surprise nighttime raid.

The latest:

Richard Grenell, president of the Kennedy Center, says a documentary film about first lady Melania Trump will make its premiere later this month, posting a trailer on X.

As the Trumps prepared to return to the White House last year, Amazon Prime Video announced a year ago that it had obtained exclusive licensing rights for a streaming and theatrical release directed by Brett Ratner.

Melania Trump also released a self-titled memoir in late 2024.

Some artists have canceled scheduled Kennedy Center performances after a newly installed board voted to add President Donald Trump’s to the facility, prompting Grenell to accuse the performers of making their decisions because of politics.

Mexico President Claudia Sheinbaum says that she has asked her foreign affairs secretary to reach out directly to U.S. Secretary of State Marco Rubio or Trump regarding comments by the American leader that the U.S. cold begin ground attacks against drug cartels.

In a wide-ranging interview with Fox News aired Thursday night, Trump said, “We’ve knocked out 97% of the drugs coming in by water and we are going to start now hitting land, with regard to the cartels. The cartels are running Mexico. It’s very sad to watch.”

As she has on previous occasions, Sheinbaum downplayed the remarks, saying “it is part of his way of communicating.” She said she asked her Foreign Affairs Secretary Juan Ramón de la Fuente to strengthen coordination with the U.S.

Sheinbaum has repeatedly rebuffed Trump’s offer to send U.S. troops after Mexican drug cartels. She emphasizes that there will be no violation of Mexico’s sovereignty, but the two governments will continue to collaborate closely.

Analysts do not see a U.S. incursion in Mexico as a real possibility, in part because Sheinbaum’s administration has been doing nearly everything Trump has asked and Mexico is a critical trade partner.

Trump says he wants to secure $100 billion to remake Venezuela’s oil infrastructure, a lofty goal going into a 2:30 meeting on Friday with executives from leading oil companies. His plan rides on oil producers being comfortable in making commitments in a country plagued by instability, inflation and uncertainty.

The president has said that the U.S. will control distribution worldwide of Venezuela’s oil and will share some of the proceeds with the country’s population from accounts that it controls.

“At least 100 Billion Dollars will be invested by BIG OIL, all of whom I will be meeting with today at The White House,” Trump said Friday in a pre-dawn social media post.

Trump is banking on the idea that he can tap more of Venezuela’s petroleum reserves to keep oil prices and gasoline costs low.

At a time when many Americans are concerned about affordability, the incursion in Venezuela melds Trump’s assertive use of presidential powers with an optical spectacle meant to convince Americans that he can bring down energy prices.

Trump is expected to meet with oil executives at the White House on Friday.

He hopes to secure $100 billion in investments to revive Venezuela’s oil industry. The goal rides on the executives’ comfort with investing in a country facing instability and inflation.

Since a U.S. military raid captured former Venezuelan leader Nicolás Maduro on Saturday, Trump has said there’s a new opportunity to use the country’s oil to keep gasoline prices low.

The full list of executives invited to the meeting has not been disclosed, but Chevron, ExxonMobil and ConocoPhillips are expected to attend.

Attorneys general in five Democratic-led states have filed a lawsuit against President Donald Trump’s administration after it said it would freeze money for several public benefit programs.

The Trump administration has cited concerns about fraud in the programs designed to help low-income families and their children. California, Colorado, Minnesota, Illinois and New York states filed the lawsuit Thursday in the U.S. District Court for the Southern District of New York.

The lawsuit asks the courts to order the administration to release the funds. The attorneys general have called the funding freeze an unconstitutional abuse of power.

Iran’s judiciary chief has vowed decisive punishment for protesters, signaling a coming crackdown against demonstrations.

Iranian state television reported the comments from Gholamhossein Mohseni-Ejei on Friday. They came after Supreme Leader Ayatollah Ali Khamenei criticized Trump’s support for the protesters, calling Trump’s hands “stained with the blood of Iranians.”

The government has shut down the internet and is blocking international calls. State media has labeled the demonstrators as “terrorists.”

The protests began over Iran’s struggling economy and have become a significant challenge to the government. Violence has killed at least 50 people, and more than 2,270 have been detained.

Trump questions why a president’s party often loses in midterm elections and suggests voters “want, maybe a check or something”

Trump suggested voters want to check a president’s power and that’s why they often deliver wins for an opposing party in midterm elections, which he’s facing this year.

“There’s something down, deep psychologically with the voters that they want, maybe a check or something. I don’t know what it is, exactly,” he said.

He said that one would expect that after winning an election and having “a great, successful presidency, it would be an automatic win, but it’s never been a win.”

Hiring likely remained subdued last month as many companies have sought to avoid expanding their workforces, though the job gains may be enough to bring down the unemployment rate.

December’s jobs report, to be released Friday, is likely to show that employers added a modest 55,000 jobs, economists forecast. That figure would be below November’s 64,000 but an improvement after the economy lost jobs in October. The unemployment rate is expected to slip to 4.5%, according to data provider FactSet, from a four-year high of 4.6% in November.

The figures will be closely watched on Wall Street and in Washington because they will be the first clean readings on the labor market in three months. The government didn’t issue a report in October because of the six-week government shutdown, and November’s data was distorted by the closure, which lasted until Nov. 12.

FILE - President Donald Trump dances as he walks off stage after speaking to House Republican lawmakers during their annual policy retreat, Tuesday, Jan. 6, 2026, in Washington. (AP Photo/Evan Vucci, File)

FILE - President Donald Trump dances as he walks off stage after speaking to House Republican lawmakers during their annual policy retreat, Tuesday, Jan. 6, 2026, in Washington. (AP Photo/Evan Vucci, File)

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