# Massachusetts Legal System Criticized by Local Police Chief



## SinePari (Aug 15, 2004)

*Massachusetts Legal System Criticized by Local Police Chief*
HOLYOKE, MASSACHUSETTS (WWLP) - A local police chief's claims that the state misuses bail has some lawyers rushing to defend the Massachusetts legal system.Holyoke Police Chief Anthony Scott has been a long-time critic of the court system in Massachusetts. He says judges need to set higher bail to get suspects back to court.Chief Scott says that many suspects are released on personal recognizance and then don't show up later in court. But Hampden County Bar Association Spokesman Thomas Kenefick says he believes the system, and the judges, are both working fine. "These judges make decisions primarily based on what the D.A. tells them and then what probation tells them, prior defaults, and their record. It's a carefully designed process" said Kenefick. Kenefick also said he does not trust a 2002 study commissioned by Chief Scott that said over half of the city's arrest warrants were issued for suspects who failed to appear in court after being released without bail. Judges do revoke bail if a defendant fails to appear.

Video link
http://www.wwlp.com/news2004/story.html?artID=327772


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## Piper (Nov 19, 2004)

that Police Chief impresses the heck out of me, he is interviewed on Howie Carr sometimes about his advocating the election of Judges.


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## K9Vinny (Sep 25, 2005)

SinePari said:


> Judges do revoke bail if a defendant fails to appear.
> 
> Video link
> http://www.wwlp.com/news2004/story.html?artID=327772


B.F.D.


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## Irish Wampanoag (Apr 6, 2003)

This chief has criticized the court systems in the past. He is the only chief that has any* balls* about publicly criticizing the court system!!!:moon:


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## MVS (Jul 2, 2003)

SinePari said:


> ...But Hampden County Bar Association Spokesman Thomas Kenefick says he believes the system, and the judges, are both working fine. "These judges make decisions primarily based on what the D.A. tells them and then what probation tells them, prior defaults, and their record. It's a carefully designed process" said Kenefick. Kenefick also said he does not trust a 2002 study commissioned by Chief Scott that said over half of the city's arrest warrants were issued for suspects who failed to appear in court after being released without bail. Judges do revoke bail if a defendant fails to appear.


Yeah right, they should try my PD's court.. what a joke. Revoke bail if they fail to appear? When? They just issue a warrant and then the shitbird posts bail on the warrant and still doesn't show and the circle starts all over. Don't get me wrong there are some GOOD strong judges out there. But its the pathetic liberal ones that favor the defendants that really mess things up.


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## topcop14 (Jul 13, 2004)

RPD931 said:


> Yeah right, they should try my PD's court.. what a joke. Revoke bail if they fail to appear? When? They just issue a warrant and then the shitbird posts bail on the warrant and still doesn't show and the circle starts all over. Don't get me wrong there are some GOOD strong judges out there. But its the pathetic liberal ones that favor the defendants that really mess things up.


You are not kidding.
The courts in this state are a total joke. I love reading the court house records for my court in the paper. The words dismissed and not responsible come up way to often. The only guilty findings are given to the people who plead guilty and then get a suspended sentence. If I were a shit bag I would never go to a jury. It would be a bench trial all the way to a not guilty.


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## SinePari (Aug 15, 2004)

I think I posted this before, but it's nice to see a Chief posting this on his public website for all to see.

Contact: Anthony R. Scott, Chief of Police
Date: December 1, 2005
Subject: Default Warrants and Lost Revenue

Release#: 05-056








​
*The City of Holyoke SHOULD have received a total of $66,000 in revenue based on the number of Default Warrant arrests from January 1, 2005 through December 31, 2005. On checking our records, it was determined that the City has received $19,657.44 in 'Default Warrant' fines since January 1, 2005 which is only 30% of the $66,000 which should have been levied and collected by the judges.*

*Over the past six years the City of Holyoke has lost an average of $74,250**per year due to the fact that the judges have not levied the fines as the law requires. This loss of revenue directly impacts the citizens of Holyoke. Below is a chart outlining the losses the judiciary has cost the citizens of Holyoke.*


​
*MONTH**DEFAULT**EXPECTED**WARRANTS**REVENUE**January**48**$3,600.00**February**94**$7,050.00**March**59**$4,425.00**April**124 **$9,300.00**May** 89 **$6,675.00**June** 79**$5,925.00**July** 102**$7,650.00**August** 68**$5,100.00**September**43 **$3,225.00**October**110 **$8,250.00**November**64 **$4,800.00**December* *$0.00**TOTALS**880**$66,000.00**Avg. Per. Mo.**80.0**$6,000.00**Fines Paid to City to Date**$19,657.44**Fines Not Levied by Judges**$46,342.56**Default Warrant Arrests By Year**Expected* *Revenue**2000**1,027**$77,025.00**2001**1,172**$87,900.00**2002**962**$72,150.00**2003**930**$69,750.00**2004**969**$72,675.00**2005**816**$66,000.00**TOTALS**5,876**$445,500.00**Fines Collected 2000 thru 2002**$5,955.00**Fines Collected for 2003**$16,632.00**Fines Collected for 2004**$17,252.50**Fines Collected for 2005**$19,657.44*

*Total Revenue Received**$59,496.94*

*Total Lost Revenue**$386,003.06*

*Contact: Anthony R. Scott, Chief of Police *

*Date: December 21, 2005 *

*Subject: Service of Search Warrant with Arrested Subjects and Wanted Subject *

*Release #: 05-061 *

On this date, Thursday, December 22, 2005, Chief Anthony R. Scott, announced that the Narcotics/Vice Division detectives served a drug search warrant at 556 South Bridge Street apartment 3R and confiscated the following:



$2,300 in U.S. Currency
156 - $10 bags of Heroin
29 - $10 bags of cocaine
28 grams of pure heroin


Also found in the apartment were chickens, birds, cats, dogs and two pocket rocket motor scooters. Wanted as a result of this search is one:



DAVILA, GENARO, *Date of Birth *January 21, 1969*, Age*36, *Height *5 feet 5 inches, *Weight *177 pounds, *Eyes *Brown, *Complexion *Light Brown, *Hair *Black, *Build *Heavy.

*Address:*556 S BRIDGEHOLYOKE, MA

*Charge*Ch. 94C Sect. 32E-2 TRAFFICKING IN HEROIN 28-100 GRAMS 

*Charge*Ch. 94C Sect. 32A(A) DRUG, POSSESS TO DISTRIBUTE CLASS B 

*Charge*Ch. 94C Sect. 32J DRUG VIOLATION NEAR SCHOOL 

*Charge*Ch. 94C Sect. 34 DRUG, POSSESS CLASS B 



Davila was arrested on April 16, 2005 for the following charges and was released on bail with a motion hearing scheduled for January 31, 2006:

*Time of Arrest:*1:45 PM*Arrest Location:*19 HAMILTON STREET

*Charge*Ch. 94C Sect. 34 DRUG, POSSESS CLASS A 

*Charge*Ch. 94C Sect. 32 DRUG, POSSESS TO DISTRIBUTE CLASS A 

*Charge*Ch. 94C Sect. 32 DRUG, DISTRIBUTE CLASS A 

*Charge*Ch. 94C Sect. 32A (A) DRUG, DISTRIBUTE CLASS B 

*Charge*Ch. 94C Sect. 32 J DRUG VIOLATION NEAR SCHOOL 

*Charge*Ch. 269 Sect. 10/G FIREARM, AMMO WITHOUT FID CARD, POSSESS 



Davila was arrested on December 2, 2005 for the following charges and was again released on $1,500 bail and the case continued to December 31, 2005 for pretrial conference:



*Time of Arrest:*10:33 AM*Arrest Location:*1515 NORTHAMPTON ST

*Charge*Ch. 94C Sect. 34 DRUG, POSSESS CLASS A 



As the detectives entered the apartment building at 556 South Bridge Street to serve the warrant the following individuals were confronted, arrested and booked as indicated below:



*Arrestee:*TRUEHART, LUKE *Age*24 

*Address:*273 MAINEASTHAMPTON, MA 

*Time of Arrest:*1138*Arrest Location:*556 S BRIDGE ST

*Charge*Ch. 266 Sect. 120 TRESPASS 

*Arrestee:*BAERGA, RICHARD *Age*37 

*Address:*94 PUTNAMSPRINGFIELD, MA 

*Time of Arrest:*1138*Arrest Location:*556 S BRIDGE ST

*Charge*Ch. 266 Sect. 120 TRESPASS 

*Arrestee:*MARES, ANGEL L *Age*22 

*Address:*556 S BRIDGEHOLYOKE, MA

*Time of Arrest:*1138*Arrest Location:*556 S BRIDGE ST

*Charge*Ch. 94C Sect. 34 DRUG, POSSESS CLASS A 



Chief Scott said, "This is yet another example of an individual being arrested over and over again, released on little on no bail, only to go back to the same neighborhood and wreak havoc with his drug dealings."


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## USMCTrooper (Oct 23, 2003)

Of course the defense attorney thinks the system works fine.....the more defaults the more arraignments and bail hearings and appearances and $$$$$$$$$$$$$$.


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