Both prosecutors plan initiatives to reach out to youth and raise awareness about domestic violence.
The Republican | Mark M. MurrayHampden District Attorney Mark G. Mastroianni in his Springfield office.
An instant before the funnel cloud collided with the Hampden Hall of Justice in downtown Springfield on June 1 and the plate-glass windows in his third-floor office shattered, he wedged his lanky frame in between a door jamb to take cover.
With long shards of glass still swinging in the gale of wind and papers swirling through his office, Hampden district attorney Mark G. Mastroianni had one thought: the Denson files.
“There were these huge boxes filled with those case files,” he remembers, “my first six months of work here. So I crawled across the floor to get them and ran back out.”
The case against Eric B. Denson, accused of fatally stabbing Cathedral High School soccer star Conor W. Reynolds during a chaotic teen party in 2010, had been a high-profile homicide from the time it occurred; it was certain to be a closely-watched test of Mastroianni’s new administration.
In early November, after three weeks of testimony rife with identification problems and a grainy, convenience store surveillance video among the centerpieces of the prosecution’s case – presented by Mastroianni, the jury returned a swift conviction.
“It’s just a verdict,” Mastroianni told reporters afterward; recently, he conceded it was a big moment in his rookie tenure.
“That was a really good development for this administration,” the 47-year-old Mastroianni said in reflecting on his first year in office. “It established the principles that I ran on during my campaign, and the way I want to do the job.”
Mastroianni, of Westfield, last year succeeded former Hampden district attorney William M. Bennett, while David E. Sullivan, of Easthampton, succeeded former Northwestern district attorney Elizabeth D. Scheibel, marking the first shift in law enforcement leadership for Hampden, Hampshire and Franklin counties in two decades.
For Sullivan during his first six months in office, he had to confront a figurative tornado that had built around the Phoebe Prince “bullycide” case in South Hadley. He completed the prosecution which Scheibel had initiated involving six South Hadley High School students charged in connection with the death of Prince, an Irish immigrant who hanged herself in her home on Jan. 14, 2010, after being subjected to bullying by classmates.
The investigation revealed Prince had become a target of constant bullying in connection with adolescent romantic entanglements. Her tormentors and what were labeled as lax school officials were booed across the globe amid calls for justice for Prince; bullying took an international stage upon which Sullivan, 50, a former Hampshire County register of probate, found himself in the spotlight.
AP photoMassachusetts Northwestern District Attorney David Sullivan, center, is flanked by members of his office while addressing members of the media during a news conference in Amherst, Mass., Thursday, May 5, 2011. Sullivan faced reporters following court hearings in Northampton, Mass., in connection with accusations that six teens bullied 15-year-old Phoebe Prince so relentlessly that she hanged herself.
As Mastroianni’s history as a seasoned trial attorney served him well during his first high-profile challenge in year one, lawyers around the region say Sullivan’s expertise as a politician, and thus something of a diplomat, worked to his advantage in bringing the Prince case to a resolution.
Four of the teenagers in the Prince case admitted to sufficient facts for a guilty finding and one pleaded guilty to criminal harassment. Charges were dropped against the sixth teenager at the request of Prince’s family. None was sentenced to jail time.
“We weren’t going to be swaying with public opinion. We looked at the law; we listened to Phoebe Prince’s survivors; we considered all factors and we brought it to a fair conclusion,” said Sullivan.
Comparing probate court to the criminal courts is at least apples and oranges, but those who know Sullivan say his smarts, affability and political savvy have thus far made for a smooth transition.
“I like the people side of the DA’s business, and that’s just my personal style,” Sullivan said. “I’m kind of the accidental DA. It wasn’t on my radar screen, but when the opportunity came up, I got encouraged by a lot of people around me.”
Michael O. Jennings, a defense lawyer of one of the defendants in the Prince case, was among attorneys who straddled their negotiations between the Sullivan and Scheibel administrations.
“I had sensed a softening in the position of (Scheibel’s) administration, and there were some kind of cool efforts to resolves before, but we just never got there,” Jennings said. “The new administration was reasonable and fair .¤.¤. and though I still get kind of angry about how the case was handled from the beginning, I thought it was well-resolved.”
Sullivan campaigned on hiring “the best and the brightest” to staff his office. He crossed county lines to find people to work with him, including Steven Gagne, a veteran prosecutor from Bristol County as first assistant district attorney, and Janice Healy, chief of the Western Massachusetts office of the state attorney general and a former public defender, as his deputy district attorney. He also wooed a handful of prosecutors and administrators from Bennett’s staff, including assistant district attorney Yvonne Pesce as chief of juvenile justice.
Gagne has been out in front on many of the office’s high-profile criminal cases, including the Prince case and the 2010 homicide of Annamarie Rintala, a paramedic, who is alleged to have been beaten and strangled by her wife, Cara Rintala, at their Granby home.
Jennings, for one, says Gagne is among the staff members who provide a good balance for Sullivan’s lack of experience as a prosecutor. “I think he’s put together a competent and experienced staff,” Jennings said.
Both Sullivan and Mastroianni required all staff to reapply for their jobs under their new administrations; it’s a practice that’s not unusual and not unexpected given the natural instinct to want to create one’s own team after such an important metamorphosis.
The Republican | Dave Roback10.24.2011 | SPRINGFIELD - Mark Mastroianni questions forensic pathologist Elizabeth Laposada during the murder trial of Eric Denson.
Mastroianni wound up retaining many of the line prosecutors as well as Bennett’s first assistant, James Orenstein. Orenstein, however, recently announced his retirement, and Mastroianni said he sees no need to hire a successor.
In perhaps one of his most significant personnel changes, Mastroianni developed his own hybrid form of a leadership team, naming a chief of staff, Jennifer Fitzgerald, a former head of District Court prosecution who served on Mastroianni’s transition team; chief trial counsel, Donna Donato, an assistant district attorney for Bennett; and legal counsel, Elizabeth Dunphy Farris, who was Scheibel’s deputy first assistant and original lead prosecutor on the Prince case.
Mastroianni did lose several of Bennett’s longtime staff members to retirement before he even took office, and James R. Goodhines, a longtime assistant district attorney who had run for district attorney but lost in a Democratic primary, left the office in November.
Mastroianni would not discuss the circumstances of Goodhines’ departure but confirmed he no longer worked for the office. Goodhines also declined to comment on the details but said leaving the office was his choice. He is now in private practice in Springfield, doing civil and criminal defense work.
Mastroianni and Sullivan oversee very different districts as the top law enforcement officers.
In addition to dealing with spikes in street violence and one of the busiest court dockets in the state, Mastroianni also has had to contend with race-relation in cases of white officers and black suspects including the prosecution of former Springfield police officer Jeffrey M. Asher and the shooting death of Tahiem Goffe, an 18-year-old allegedly shot by a Springfield patrolman he hit with a stolen car. Asher was convicted and sentenced to 18 months in jail for beating motorist Melvin Jones III during a traffic stop in 2009. A review of the Goffe case is said to be nearing completion.
While the cases are very different, both involve a beleaguered Police Department with officers working in a crime-riddled city versus apparently troubled young black men from poverty-stricken neighborhoods. The situation is, in short, a potential nightmare for a novice district attorney attempting to do the just thing while also maintaining good relations with law enforcement leaders and civil-rights advocates.
Mastroianni opted to drop charges against Jones with regard to the traffic stop and advance the case against Asher in District Court, which had languished under Bennett.
The Asher conviction became something of a watershed moment for Mastroianni, as he was applauded by civil-rights activists and faced a potential rift between his administration and the Springfield Police Department.
“I’d be naive to think there aren’t cops out there sitting around being critical of how I handled that case,” Mastroianni said. “But, I only tried to treat it in a fair way. I respect cops, and 99.9 percent of them do their jobs well. It’s a job that deserves a lot of deference, but at the same time, you can’t give a cop a pass if he commits a crime.”
In his campaign for DA, Mastroianni was endorsed by numerous law enforcement groups, including the Springfield police patrolman’s union.
In the Goffe case, he assigned a state police ballistics investigators and a member of his office to review the case as a Police Department internal investigation unfolds.
The Rev. Talbert Swan II, president of the Springfield chapter of the National Association for the Advancement of Colored People, says he feels Mastroianni is trying to make strides in race relations.
“He’s been open to modifying long-standing processes within the DA’s office in handling cases that are racially sensitive,” Swan said. While Mastroianni’s handling of the Goffe case is not chapter-and-verse what his organization requested, Swan sees it as a compromise.
“It is a hybrid of what we asked for. What they normally do is wait until the police are finished to review the files and ask questions. He’s not doing that,” Swan said. “It’s still very early in his tenure, but to date, attorney Mastroianni has been open to suggestions .¤.¤. and thus far, I’d give him high marks.”
The Republican | Dave RobackNorthwestern District Attorney David Sullivan in his Northampton office.
In Hampshire County, race relations are not so typically a problem, but Sullivan says he’s worked to rebuild relationships with law enforcement agencies that he contends felt alienated or disconnected under the prior administration.
“We needed to build bridges to our law enforcement communities on the local, state and federal level,” Sullivan said. “They had diminished over time and like many relationships, started to atrophy.”
While law enforcement officials are unwilling to compare Scheibel’s administration to Sullivan’s budding style, Northampton Police Chief Russell P. Sienkiewicz said Sullivan has offered new training opportunities to all police departments.
“There have been some trainings that he’s funded that involve travel to other states that we wouldn’t otherwise be able to afford .¤.¤. which is very helpful in tough financial times,” Sienkiewicz said, adding that Sullivan’s largess in training is particularly helpful to small, rural police departments,
Attorney David P. Hoose, who has represented countless defendants in both counties, including alleged Northampton arsonist Anthony Baye and recently-convicted sexual predator David Fried Oppenheim, is cognizant of the vastly differing styles of Mastroianni and Sullivan. Mastroianni is the consummate prosecutor, while Sullivan the affable politician, but both can be successful formulas, Hoose said.
“Sully never ran as a trial lawyer. He’s a great guy. He’s a good leader. His employees genuinely love working for him. He knows his strengths and never pretended to be something he wasn’t,” Hoose said. “Mark ran as a trial lawyer, and he’s living up to that, too. Neither model is wrong; you just have to know what you’re good at.”
Mastroianni wants to continue outreach to youth throughout the county, including an aggressive campaign against distracted driving in high schools and a ramped-up youth diversion effort for the youngest offenders to try to keep them out of the criminal justice system. He also is establishing a new cold case unit and continuing the office’s focus on domestic violence and its victims.
For the first time, thanks to Mastroianni, the Hampden district attorney’s office has its own website, and the office is embracing other advances in trial technology – many of which he publicly debuted during the Denson trial.
Sullivan has opened a new child advocacy center and is pursuing major anti-bullying, anti-sexting, anti-fire-setting and other youth-focused initiatives. He said he also plans leadership summits for his team.
Mastroianni concedes he’s yet to ease into the political side of his position; he said he still gets uncomfortable if he enters a room and people treat him like a power broker.
“When I ran, I always wondered what in the world this office had to do with politics,” he said, noting that his political affiliation will remain unenrolled. “When I tried the Denson case, you don’t know how many people told me what a political risk it was for me if we lost the case. And I thought, ‘I so don’t care.’”
Mastroianni plans to run for a second term, but doesn’t plan to have a “Bennett run.” (Bennett actually said he planned to only serve two terms when he was first elected in 1990.)
Sullivan, meanwhile, indicates he’d like to stay as long as he can.
“This is the best public service job there is,” Sullivan said. “And, this isn’t pie-in-the-sky-stuff. This is the real stuff of community life.”
The Republican | Mark M. Murray and Dave RobackHampden District Attorney Mark G. Mastroianni, left, and Northwestern District Attorney David E. Sullivan