Superior Court Judge C. Jeffrey Kinder was first nominated for the post in 2011, but withdrew in March after waiting 19 months for a hearing before the Senate Judiciary Committee.
WASHINGTON — In a key step toward securing a federal judgeship, Hampden District Attorney Mark G. Mastroianni on Tuesday fielded questions on gun, drug and victims’ rights cases during an appearance before the U.S. Senate Judiciary Committee.
Mastroianni and two other candidates were interviewed by the 18-member panel, which reviews candidates and makes recommendations to the full Senate.
In his opening remarks, the Westfield resident expressed gratitude for the support of his family, President Barack Obama, members of the state and New England congressional delegation, U.S. Sens. Edward Markey and, in particular, Elizabeth Warren, who has championed his nomination.
He also thanked the five Massachusetts district attorneys who attended the session in a show of support.
“It’s quite an honor ... out of the 11 elected district attorneys in the state of Massachusetts, we are well represented in this room today and I appreciate their support," Mastroianni said.
Responding to questions from Sen. Richard Blumenthal, D-Conn., Mastroianni said one of his most difficult challenges as a district attorney has been bringing prosecutions involving children or elderly victims.
They are “people who can’t necessarily speak for themselves and that was a source of their vulnerability,” hei said, adding that the victim-witness unit within his office takes particular care in handling trials involving children and elderly.
“Part of the circle of victimization, if you will, is when a victim comes into a courthouse that they’re not familiar with and they’ve never been involved in a proceeding ... it’s very intimidating for them.”
Sen. Chuck Grassley, R-Iowa, also quizzed Mastroianni about his views on the state's marijuana and firearms laws, including the 2008 case of a Springfield man whose girlfriend took his loaded handgun from an unlocked bedroom drawer and threw it out a window into the neighbor’s yard.
Charged and convicted of violating a state gun storage law, the man appealed to the state Supreme Judicial Court, arguing the storage law was so strict it violated his Second Amendment right to own a firearm. The court upheld the law.
“You said the court made the right decision at the time,” Grassley said. “In my view, the right to self defense doesn’t mean a whole lot if you can’t access your firearm in a real big hurry.”
In response, Mastroianni said the storage law does not keep people from owning guns, but does keep unsecured firearms out of the hands of children.
“There is rarely a good outcome when a youngster, a teenager, gets a hold of a gun, doesn’t know how to use it, and takes it out of a home,” he said.
On the decriminalization of less than an ounce of marijuana, now a law in Massachusetts, Mastroianni said it makes sense from a law enforcement perspective, given the need “for law enforcement to spend their time investigating other, perhaps arguably more serious offenses.”
In September, Mastroianni was nominated by Obama to fill the judgeship in U.S. District Court that has been vacant since Judge Michael A. Ponsor announced in 2010 he was taking senior, part-time status.
Superior Court Judge C. Jeffrey Kinder was first nominated for the post in 2011, but withdrew in March after waiting 19 months for a hearing before the Senate Judiciary Committee.
Two other nominees for the federal bench, Robin Rosenbaum and Bruce Hendricks, and a candidate for assistant attorney general, Leslie Caldwell, were also interviewed at Tuesday's hearing. Hendricks has been nominated for a South Carolina district judge's post, while Rosenbaum is a candidate for the U.S. Court of Appeal for the 11th Circuit, which oversees Florida, Georgia, and Alabama.
At the conclusion of the session, Blumenthal said he was impressed by the candidates and would support them all.
“In my personal opinion, we have the good fortune and honor of having some very, very exceptionally qualified individuals who I will support,” Blumenthal said.