03-06-08

" One of the things I want to talk about just coming right out of the box with representative Eugene -- clarity and when he -- this we've seen. A number of stories recently about about sex offenders child molest his probably in any number of them fallen to what you that your call the most incredibly reprehensible category. Of crimes and offenses against against children representative of clarity a situation down in the library into bed that I believe it was an a child a sex offender it's grabs a little boy five to six is -- we've been there with his mom his mom's distracted working on the computer she thinks he's safe and sound -- all of us would he be with his son -- daughter. Now he gets pulled into the stacks by this sex offender in -- is nobody can put -- shine on it he's raped by a guy who had been previously trashed and categorized the classified as a level three. That is time now he's out he offends again the public sensibility on that is just absolutely nothing but outrage it goes beyond. Talk radio went you know people just jumping up and down it's screaming and the like as ordinary people just look in that kind of shake your head and they say how does that happen. How does such a dangerous guy get back out on the streets left to. They really yep pray if you will to hunted to prey upon children tell us I guess give us just sense of the status of the law the sentencing that actors in and around these cases and what. Do you folks in the legislature can't rob might do try to bring these things these -- the cases down to an absolute minimum."

" Well first of all good morning -- both few mister speaker as well as Europe cohost on Thursday it's a pleasure to be here and I hope that I have an opportunity this morning to just talk a little bit about some of the matters that you've raised. Personally appreciate the opportunity and in reference to your opening statement if you well all of our hearts go out to the family of the victim in New Bedford -- it's absolutely egregious that this happens in the commonwealth of Massachusetts or anywhere in the United States of America all for that matter. Anywhere in the world the what we have is the very very -- difficult situation is try to explain the context in before we talk specifically about the new benefit situation I just as a citizen forget about being a lawyer forget about being the -- judiciary forget about being represented -- I am absolutely as horrified when an individual like this commits this type of an act I am also curious as to why the current statute which calls for the rape and abuse of a child to have sentencing up to life imprisonment doesn't have more effective sentencing for these individuals once they're convicted. But the practical reality is I'm discovering not done and I don't know too much about the specifics of -- but for case of what preceded this but I do know in talking with prosecutors in talking with officials in the system that it is extremely difficult this category of cases for the prosecutors to actually win the case is getting ready to go to trial to get the witness two this victim and most of these instances to actually testify at trial to get a conviction. As a result the prosecutors -- put in a very very difficult predicament where they would like to see the case school full would they would like to get a conviction. But they know that that particular category of case. Is very difficult to get now witness to show up in court and as a result I've had some off the reckon a privately say they're forced to do a deal with a double."

" So that the want to make sure I had -- there's something that you set it want to make sure we give proper attention focused. You said the penalties on the books today as we speak. And as when the united discuss these type cases over the last several months the penalty on the books -- a judge and somebody is found guilty or pleads guilty to this type of offense. I have before me as the sentencing judge a penalty that ranges up to life in prison if I. So choose. That is correct the current statue which is -- to 65 section 23 which does the rape of a child if you are convicted by a judge indoor jury of European as the judge upon in during the sentencing phase -- sentence you anywhere from zero to life imprisonment. Now let me but now let's get to the testimony and -- went to unite both have some thoughts and Sharon questions on. If I understand I'm not trying to -- because I think he was so clear everybody could understand but I want to make sure repeated may be in my own words. If from the DA prosecuting against his curve -- his Hague whether it's in New -- somebody else who's done this horrific thing to a child. I'll put in the untenable situation of going to the parents of that child. In saying look. We need your son's testimony assign as in this case I think the little boy was six years old. That could be 778 whatever it is but yet talking I mean we're talking about eight child not an adult. Who's already been through a horrific horrific incidents in his or her life. It is now being asked to relieve that on the stand under oath subject to cross examination. By defense attorneys -- from the parent basically what I he is Angie in the parents go to the prosecutors and say. My child is our had been -- ones I'm not going to have my child go through this -- you can I have got to find guys to let let me just make sure that I have at least try to. Put in context what I think I heard representative Larry said. Is that -- daily accurate description of what the prosecutors find themselves up against."

" Yes it is for these category of crime says we all know the prosecutors have to prove their case in court in part of proving their case in court in going to trial is making sure they have the witnesses there the compact up what they're trying to do which is get a conviction and in knees cases it is extremely difficult and the prosecutors will acknowledge. Four of them to convince the parents handle the guardian. To allow their child to go through the another traumatic experience which is having a defense lawyer and it is clear oh some obligation to do their job as well cross examine that young individual -- to try to developing consistencies and it's very very difficult for the prosecutors to to get that would listen to us."

" American when you've heard at least you know zinni mission and it's been a debate for very long time and you know I don't know -- if you've been. A prosecutor I wise and as a prosecutor for lifetimes specifically dealing with child abuse and child sex abuse and sex crimes case and so I've handled. You know many many many cases with little kids as victims. And never once ever did I trade on the fear of the child which by the way is pretty silly way to run a legal system to Sam -- give this monster discount. Because I want to insulate the child from having to take the stand I think it's largely missed space that we do this number one because -- Where there's no doubt about it the terps are far more terrified of the child taking the stand and the child a terrified of taking the stand because being out. When a kid gets up there and I've had six girls on the stand they are damn good witnesses you know why. -- are not very and it line. In they're not harshly cross examined that's another myth because every defense attorney knows you get tough -- in front of the jury your guy is going down he can't be mean to a kid I've never seen a defense attorney be mean to me as well let me finish I was gonna make a few points please. You know you guys took like ten minutes give -- some of them are still trusted -- ten minutes went with darkened -- that you -- your husband -- document -- I'm well keep in mind -- show it is yeah I know I you're -- every -- but he is the point isn't it yeah I would -- you ever -- into the parent who said Wendy. Yeah I listened -- you I don't want to give a discount to the group but about going to put my secure -- yes yes and you know how many image and I if you read my damn book you'd know that in the first several pages I actually say. That as a mom of five kids. It would terrify me to put my kid through -- I know how bad our legal system particularly Massachusetts. It's so overly generous to the defense attorney. On tactics that sometimes gratuitous harm is done about this you know it's not all defense attorneys it's not all cases but we do indulge some nonsense compared to other states and I think it's outrageous. But that's a side issue. My point is that although I would feel reluctant to want my process I also think it's my own. I'm perception of the myth that it's a terrible thing to do to a child and let me sites and data for you. There are scientific studies that say indeed when we insulate the child from -- trauma of the system. When they get older when they agent a majority and start to understand complex ideas like justice and so forth they look back at. Either that dismissal or the cheap out that the guy god. And they have terrible regrets they feel very resolved they are there they're suffer more than the kids we may take the stand who actually when they agent to majority and understandings complex ideas feel awfully proud of themselves and we you know we don't understand that is there's not a lot of data on this but the kids -- make take the stand actually do much better as adults because they feel resolved. Important people respected -- people cared about me I had my day in court I got my voice. At one -- a little boy whose mother sent to me early on was terribly brutally raped. I am by an older male baby -- many many many times I wish she would college and by the way Susan you know who you are wish you would Colin if you're listening. I'm she -- me early on. I don't want my -- to take the stand and terrified the therapist thinks it will be terrible and so forth. Well over the course of time she changed her feelings about it in the -- did take the stand. And -- Linton an acquittal so in the kid does not -- to this today the victim. Doesn't even talk about the acquittal as having any negative consequences in his experience this is what he says. What I remember and it's about eight when he took the stand what I remember is I was sitting in the courtroom. And he was there and I was scared of him but I looked at but the flag and I concede it was an eagle you know they have the gold -- at the end I was looking up at the eagle. And I was thinking that's me. I'm strong like -- and I can tell the truth. And and he says to this day his memory is testifying as that he was a proud citizen telling the truth strong like the -- in a court of -- That's how he feels and we don't respect kits enough in this state which -- that they have wherever I."

" City just senate want to get -- to make sure we get representative of flattery to respond as well but when you bring that data that you just cited and that's referenced in -- book to to the DEA's in saint lucky folks this is crazy why given a discount to the current state run and a box of one and so forth and you make -- points. What to the DA's having you and I have talked about the DNA -- 82 Sabatini -- at Suffolk Jerry Leona Middlesex an up and down Mike O'Keefe at John blodget and all of them. I know them I admire them I respect and I think if fabulous attorneys great individuals themselves they're elected Julian repeatedly by the citizens in the district and they I had good."

" AD is like you Ngo clarity got to go out why isn't that can say this most prosecutors I think have the same. Predisposition to believe that it's always harmful to make a turn out to the stand. But they're changing they're changing their moving toward listening to the state element more remember when Diego -- it wasn't out there now we have stuff source start to change the conversation. But this what I say that luck. See when you prosecutor bank robbery all our gang violence. And the old murderer and the only eyewitness to the crime comes to you and says I'm too scared to take the stand let's even -- a sole witness to a crime for a either makes or breaks the case right let's see instant child sex abuse. It's gang violence or murder. And that kid comes to you and mom says please don't make much out take the stand give the murderer a discounts in exchange for saving my Trout from having to testify -- pilots -- very serious problem witnesses get threatened all the time in the parents begged with the prosecutor to drop the charges -- give discounts. And the prosecutors say you know what. We Intel to extortion tactics that's not a responsible way to run a legal systems don't know we're not going to give the guy you discount because your child is worried about testifying we're gonna protect her kid we're going to prosecute. Anyone who tries to intimidated scared child we're going to do everything in our power to protect the child but the bottom line is you're trial -- you know whoever it is if it's an adult -- child you have a responsibility as a citizen to take the stand to testify truthfully to give the evidence that you know and let the chips fall where they may look how does the way we -- do."

" Run early exit GE he would tell you had your conversations with DA's and you said that the ABA's say we are caught and a no win situation. The pet parents are in a panic the key is fragile the kids vulnerable when -- data backs and -- given discounts depressed I'm curious what -- take is on the kind of the back and -- and then I also want to -- the question to. The judges who you know I'll also left in an awkward position -- I have to listen all my may be a give them too much credit but I have to assume they is as -- horrified as you'll. And B and Wendy when we read the specifics of some of these episode I."

" I would say that they are as human beings first of all I don't think there's too much disagreement here what we're talking about all of us want these individuals who are committing these egregious crimes against children. To go away and go away for a very long time let's let's put this in proper context. But there's also -- practical side to us when the prosecutor is in court. And he or she is in the very difficult position of convincing a witness in the does that witnesses prerogative. To decide if they're going to show up that day in court and testify and take the stand and we hope and we encourage that they do. We have passed legislation to enhance our ability to prevent witness intimidation we have given the prosecutors many tools to try to make sure that those witnesses show up in court. And testify. But the prosecutor here she is in -- very very difficult position when it's getting closer to the day of trial they have to convinced that witness to take the stand. That witness when he or she does take the stand. Regardless of the context that -- described of a defense attorney trying to go easy on the witness sore not trying to make it look as if they're being too harsh a tough that attorney just like all attorneys has taken an oath and an obligation to do his or her job in the courtroom. And they have to scrutinize -- cross examination that is practically a very difficult thing for the prosecutor to face so what ends up happening. Is pretrial they end up tendering a plea agreement. That plea agreement the prosecutor knows that he or she having the difficulty presenting the witness may not get a conviction in court. But that prosecutor knows that at the very least what they will get if they enter into a plea agreement is a person pleading guilty to one of these offenses. And then once they do plead guilty to one of those offenses they know that prosecutor knows that for the rest of that person's life the state is going to have some role in monitoring where they go there whereabouts the GPS all of those things Qichen were only one of twenty states with civil commitment laws we have. Were only one of eleven states that allow civil commitment for juveniles as well as adults. And will also in Massachusetts have lifetime community parole for certain saxophones and so the prosecutors know. That even though they're entering into a deal with the devil if you will that the end result is that they will still be able to hope these folks and they know that apart from getting an acquittal the at least have a months on it."

" It's an area different and when did you jump and out of receipt in what got I've got to come to break into the will call window but I want to make sure he'd be very go to the will call. I want to get to the judges I want to get to this situation you just described if I hear you correctly and this is how summing up -- and -- can -- right after the break. You're if you the DA put this awkward situation representative to get the conviction and you know that the bomb is going to go to wait let's say three to five. In -- that he has this classification over his head for the rest of his life that gives you -- you but. The Laura -- community additional tools to come down on him oops in in in a civil."

" In a civil fashion that's correct the judge knows when he has tendered when he has a plea agreement that has been tendered to him. But he just to make a decision to accepted or deny it if he denies that he can exceed it and he can make recommendations in upon a sentencing if you -- if the person is convicted like we mentioned we only to understand zero toll lifetime imprisonment."

" going to look let me before the break you got to clarify something here. The going rate for child rape in this state is three to five what do you mean by the going to dot that is the average punishment according to DH and can't advertise on -- and upon conviction the average price -- conviction including plea -- a street -- let me clarify something that was -- quote going rate when I was a prosecutor many years ago. And that is whether there's a one time incident or fifty over the course of many years in other words weakened volume discounts to parts of nastiest second offense we just down the stairs and answering a lot of calls for minimum mandatory five year so I I -- that's the legislature that is the judges problem -- site -- This site mail and I got to just real problem I gotta read a -- I got into a reality it's can't dot com to become a talk insider and listened to your name every weekday at 81120 AM and 4:20 PM -- the WRKO will call --"

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" Welcome back Tom Finneran did you -- the veterans for a joined us they have every Tuesday by the one and only Wendy Murphy Michaels. From eight to ten on Tuesday and also -- today's special -- Validate you have representative -- Larry democratic state representative from Chelsea to Giles found. GM and the Judiciary Committee he is set the stage and explain to us a lot of DA's hesitant to put the little child on Wendy's has backed c'mon c'mon."

" That's the most credible type of the -- credible type testimony Ian why would we give any -- that discount -- break whatsoever at the sex -- you're pretty he -- back and put -- back -- what during the break was also good I want to go right to judge Moses. That's the type a behavior that the decision to end the herald has revealed at least three of these things now in the past couple weeks in which people that he is released because in his opinion the bird was not -- to do an additional commitment. Three ball curves -- the and you know he's been shunted to traffic court three yet three offenses you know -- clarity shakes his and I shake my -- when -- world's second I -- where reasonable rational adults we have families nieces nephews children my case grandchildren. Horrified by all of this again two I guessed I want to throw the first kind of the first pitch on this. Would that judge Moses situation trying not to pick on embodies put himself on the news by a pattern of decisions that have the rest of the problem --"

" I I I agree I mean I don't know anybody that could actually say that having a person who was been guilty or at least may have played out in this -- of the situation previously should be given any breaks I think the statute. Today calls for zero to life imprisonment I would hope. But the prosecutors would do their very best and I would hope putting on my legislative that we in the legislature would give them the tools they need. To make sure that we get these folks these egregious characters into court that they can get a conviction and that once they're convicted. Once they're convicted that the judge can look to the current statute today and say I have the option of sentencing this person from zero to life. And give them an extremely harsh sentence."

" you can wishing -- all -- the bottom line is we give discounts to people who pick -- kids because kids don't -- any power they don't -- this is why you -- has as a person a position of leadership of responsibility to pass Jessica's -- have mandatory punishment some place as we can't just keep waiting for judges and proselytize to do the right thing was we'd -- people want you to do the right -- mandatory punishments on the books because. Sick of women's amateur art judges and process -- to do the right -- as mandatory punishments on the books right now -- only for second offense and I don't want to bites at the apple I think one strike -- is."

" Brian under the first scenario that you described upon the first conviction the judge can sentence that person from zero."

" It's what they telling you think it is just because. Let me ask you Clinton when he humans function of you know we should talk about mandatory minimums which you can fix and you're not doing your job but if -- You're not doing -- you can do you aren't you -- did you -- absolutely egregious government -- no idea UN like how -- to pass Jessica's alive you have no idea -- I -- running a lot of Pao daily basis you know a lot of the house there and to satisfy when you don't mean I don't position just just like you have the power to make it happen and it's not --"

" Well before I tell you can echinacea let -- I -- not get get control of the situation minute let's tell me -- clarity in your words. Jess Jessica's law for the listening audience Jessica's law would do what what change would that make. In what we have now you've described it by a judge Finneran. One of these cases comes before me. -- either conviction -- I can sentence a first time offender revenue in ukulele from zero alike so I got a big range in about a tough guy I can put this bubble way prologue time if I'm a lenient guy by could be beyond the shell went. Jessica's law would do what to that range of judicial."

" Discretion Jessica's law upon conviction would say that the judge cannot sentence you to less than 25 years so that individual upon conviction and that's the the peace that we need to understand here upon conviction. The judge would have to sentence that individual to 25 years I would hope. But the judge upon first conviction which sent them some of these egregious characters to 25 years or beyond to begin. So if Jessica's law were passed today just a quick hypothetical. It's still has the prosecutor in the same position that he or she is in today under the current law. The difficulty of producing witnesses the difficulty of having an individual testified the difficulty of winning a conviction in court so that the judge could then have his or her hands yeah."

" At the difficulties I never side and I'm not I'm not kidding you. You'll know all the 25 years is not too much for guys like Corrie Sanders weren't agreement missed yes we have these so called difficulties. Our miss they're not reality and for the occasional case where you've got to give discounts prosecutors can always offer a lesser included offense if the presumption on the books is 25 years it's going to be a lot harder for guys like mold -- to give up past I think judicial discretion has proved faulty. Kids are being raped and abused because these guys -- walk in the streets. We have nothing in place to protect you BC hit the election to discredit the different now I don't want to say something. Here's the trade off the choices judicial discretion mandatory minimum we've had 25 years a judicial discretion and it has failed kids it's time for mandatory punishments because that -- sex abuse epidemic in this country is real big here in Massachusetts. Where we're known for being soft on sex offenders other moving hearing -- and."

" This is the chest thumping. I sound tough for the new way and approach to public policy. That -- ponders Corrie Sanders going to be on the sound bites and beyond the self promotion and beyond selling books and beyond sounding tough when you get down to the nitty gritty. There really isn't too much disagreement what we're talking about here. What we're all looking forced to make sure that these people go away and what some people are trying to do is that trying to point out all the the one or two instances where these perpetrators get away with America and get away with the rape of children. And then they're trying to force the entire change of the system where 99% of the system functions on a daily basis now --"

" At a time the going rate is three to five. It is not fair for you to -- well an occasional kid getting raped is just the cost we have decided that I nodded getting it to the library by -- and I went Hardenne is one kid too many I want I want I. Just -- defense attorney I have to I actually not this most civil you'll you know you don't know me -- hole I US told me you do criminal defense work I found mostly supporting for the audience to now."

" I do it it's also put another Wendy's about the trying to sell books are you now we have that out on the table I want to ask this question. Many -- what -- you are doesn't recognize -- what's illustrated zionism in Africa it's -- good in my -- should definitely -- it appears to my art and I'm an autograph for -- is that here's the deal from my perspective. I hate using and Jessica's law no less than 25 no discounts one cases too many I hit jeans and look that is a ridiculous you want to -- one aberrant case into a policy that for the most but is one pretty strict -- punitive and works. He is the question as I sit and listen -- this if I'm not now and change my got on the defense attorney now now confronting -- up my client 825 year. Minimum why wouldn't I rolled the dice on that trial because what that help 25 years. I'm going to take my chance and then Wendy if I'm a reasonably good attorney. Taken advantage of a 78 year old child might guide the sex offenders going to be out on the street why doesn't that type of risk. Up Paula you as much as."

" But tell me why until the prosecutors will privately concede that they have extreme difficulty in this narrow class of cases with this narrow class of witnesses this is in the bank robbery case it's not a murder case. This particular category of cases presents the prosecutors with a difficult situation of having witness to show up for trial. And it puts the prosecutors in a very difficult position -- not afraid to go to."

" While I never want to go to trial now I don't have a cooperative witness holiday going to go oh let's try -- let's talk about the non corporate witnessed he can we have our seat now that I -- have to differentiate -- going to differentiate between cooperative witness can't okay. Citizens do not have the freedom to dictate to a prosecutor -- don't feel like coming in to testify it is the government's responsibility to send a subpoena and insists that the person appear and -- than if they don't we have what's called contempt proceedings that's -- are not -- that's -- now that's not just talks on maps and that he -- you know -- I'm amazed that the key eyewitness in the on trial just felt like not showing -- I repudiate you missed it entirely -- what is -- prosecution easy for you to switch and talk. Don't say the government has a responsibility to send subpoenas to witnesses so that we can deter crime that's a list. That's an odd NASA did it has I don't -- USDA to do it. Every -- did do it right now it's she is suggesting that private citizen witnesses can dictate to the prosecution that they."

" The way you'll find out what I I don't I don't jam now -- I don't know her. And Whitney show by six or seven year old son a daughter -- entry -- who's been violated like this and rape likeness. And I'm not going to have a right as a citizen to say that the DA who by a lack. You are not putting my dog ever write this -- I winner is that right located all versus say that a parent can dictate that a prosecution be dismissed because they don't will likely -- into most where's that written."

" Most prosecutors a human beings like ourselves an -- confronted with the witness a child witness and the parents say we have been traumatized once. We do not want to be traumatized again you actually think the prosecutor is going to serve them with a contempt order because they don't want -- seven year old child to testify."

" Might point to your team was that you're saying and it's incorrect as a matter of life that citizens parents or children can dictate that. -- the prosecutor not so I'm just trying to -- incident and what -- well I'm not -- I'm going to send money to say that when a prosecutor wants the only eyewitness to a murder to take the stand and it happens to be a kid do you think they say to the parents you don't feel like -- little Johnny talked about W category you learn how you mean murder is so -- I'll try him we shouldn't let parents -- children isn't serious about -- that would."

" Jewel I am not saying that what I am saying is in the category of child -- it is very difficult for about witness. To be given the assignment by their parents to take the stand I'm not talking about a murder trial and not talk."

" are angry with you here's riker Q parents. Do need to be better educated that it isn't so scary to put the can understand their original condition reiterate and there are operating told -- parents are often told -- don't let little Johnny testify 'cause they think it's scary well -- by it isn't clear of the total -- I don't love her so."

" And get to some I gotta take a quick break we're going to get to some calls we gonna get right back to this do you get a feel for the flavor this the -- that this passionate this will be back to -- a moment and AM succeeding WI KO."

" I know it's time programs talks vision care."

" Welcome back Tom -- did. Listening to better for a while this I was gone bad and I have great news representative -- Larry Democrat tells adjustments could be -- the stay with us over the top of the -- we do have couple calls want to get to them. When he -- when you maybe -- clarity that he said she said."

" Actually underneath the sound all the sound and fury. There's actually a lot of agreement here about no screwing around with these guys in -- that you want to put the not the fear of god in the -- want to put them in jail let's go to John he's gone from Brookline been on the phone for a long long time John thanks all the not. Goodbye to John. Is John they have. Going once it's like an action around be heavy at time and then you go let's go to Lari Lari is calling from -- and Lori -- next that."

" I I'm not and I actually haven't argued -- belatedly been trying to abdicate -- I think that the -- I've been up there a couple of time. -- and that the bank on behalf and that. I'm not get -- one bad meat and -- wrapped as to whether or not they'll -- kind of thinking it's it's not going to jokes. I'm going to keep it that's probably defendant -- sentencing ineptitude that. Why I think he got the -- issued the sentence that. It -- commission to revamp the guidelines the gadget -- by."

" Not a bad question let's toss it right to the representative for his answer we're actually looking at the sentencing guidelines and I appreciate you coming up to the state knows that's so legislation gets passed I appreciate the scrutiny that you keep asunder that makes -- response of so I never shy away from citizen activism in this issues that affect encourage it. But to answer your question we are taking a look at sentencing guidelines I would like to give prosecutors. The tools that they need to do their job and when they get their conviction I want to make sure that. For certain categories of crimes if there is a perception out there that -- leniency in sentencing that we evaluate that perception Figaro the truth separated from affection. And if we can enhance those guidelines certainly we should be doing."

" In terms of given the DA's that -- stream there are should say representative represented both Larry. You mentioned that once or twice is there anything that comes quickly to your mind that's spent specifically proposed. That would enhance the tools available to would DA when this to this category case comes before them."

" Yes less legislative session we had a situation where we had a witness intimidation peace in front of -- and reevaluated at the Judiciary Committee recommended it favorably and and ended up becoming law. I think if any of the district attorney's -- or assistant district attorneys are listening to this this morning I think they will readily concede especially those that were involved in these types of cases. But that has been an effective tool for them. It encourages almost on the federal level witness relocation you know as well as I do you went up the situation I'm in Matt Cameron Chelsea where there is -- witness to a crime he or she wants to testify because they don't want that type of activity in the want to make sure that that person goes away. Having that person go back to that neighborhood is not in the not a safe thing that's out of these -- that's -- practical reality when I'm talking about Belmont when a type in the Winchester we're not talking about some of these of the communities were talking about. Inner city gritty neighborhoods with the reality of the situation is is that returning this person the reality is retribution exactly and that's what we're talking about and and sometimes it's very difficult for some of my suburban and rural colleagues to understand that justice like it's difficult for me sometimes understand suburban and rural issues that's the beauty of the legislature the clicked mixture we learn from each other. And I was staunch advocate of that and I think off the top of my head I think that was a great tool that we gave them it does need some improvement. Like anything else I think we can look at things see how they work out of valuing them hear from the experts and go back into."

" On that -- we're going to take the -- the brakes when he gripped -- with me for the duration -- clerical stay with me for the next segment we're -- get to your calls this is the topic in my opinion this is the topic -- by casino gambling dealt with this -- Iraq concerned about what's going on with children how do you want to make sure it doesn't happen what -- to that when it does happen. These bombs -- put away for a long long time that's at topic will be back to that in a moment on I am 680 WI KO."

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" Good morning -- guess that's a nice day on the way of mostly sunny skies temperatures well into the upper forties early it is 36 degrees here in Boston. I'm just able to double door Cahill and goes up to the service of McDonald's the mayors elect al what's happening search is on for a suspect wanted to connection to an explosion new York's times square this morning correspondent Jim Smith has a story from midtown Manhattan."

" New York City mayor Michael Bloomberg the police commissioner ray Kelly are preparing to brief reporters here in times square. Shortly aren't what they know about it into it and what we know so far without can't stay about 3:45 this morning. There was a loud explosion -- the military recruiting station you'll injuries were reported but these aren't we know what -- out and -- door would you angle and charge. Investigators now sorting through the peace and at times square Tuesday that -- work."

" And as of now no one has claimed responsibility for that blast a new poll shows GOP presidential candidate John McCain is trailing both of as possible democratic opponents. The Washington Post ABC news poll as Hillary Clinton enjoying a six percentage point lead over McCain and shows Obama what -- 12% lead over Arizona senator. A Denver's water park has been shut down by state health inspectors investigation -- cokie indoor water park comes after apparently high levels of Lorraine cause rashes and other -- remember kids -- their including two New Hampshire children who suffered burns there last week by the chemicals -- apartment a public health has determined current levels there were ten to twenty times higher than what they -- have -- CVS pharmacy hosts opened thirty of his proposed -- clinics here in the -- by the end of the year -- gave the okay to the plan which have been -- in the city by the mayor last year they -- they -- operated inside CVS stores -- eleven registered nurse practitioner on -- date customers in the with a variety of elements and Roger -- former trainer is asking a federal judge in Houston the throw -- a defamation lawsuit before Red Sox pitcher has filed against him. Prime activists claiming he was -- total immunity from any charges in exchange for his earlier testimony about the prevalence of performance enhancing drugs in the big leagues. And I'm just able to double you're working on news."

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" Government -- Yes indeed I'm always on time I might be late but I'm always on ally somebody might explain -- me that prison is going to be the ultimate he's my favorite island analog Manny how many is the best -- welcome back to while on a before of veterans forum. I joined in the studio as AM every Thursday by the one and only Wendy Murphy she joins us from eight to ten so she's with us for the duration. And representative -- who will be with -- for the next segment we tied him down he -- government and we started talking about -- Jessica's law mandatory minimum the discretion of judges the sentencing that's on dove books the legislature's work in this series zero to life -- things such -- that have been very informative to me I -- you -- and a number of -- and John from -- we try to get him in the last -- he had -- step away in that he has called back so I want to go right to John and we're going to continue his conversation with representative a -- when the American John you are on the -- at all three of -- welcome."

" Just one or are you gave an example great eight by. Well when it applies outbreak forum to. In -- casually let go to an acquittal -- like to know what -- won't like it really work with the you know you were able to get guilty. That's the but apparently we agree with this earth to grow in the system they did some. But it -- the street no other Q protect and execute that -- brought to say oh that's a practical. -- what the trial much all the and let's remember the -- the criminal cases not go to trial and not forget the term -- can't argue. -- in this and that's."

" Never -- first let me first question first volley that wasn't my case I you know I wasn't the prosecutor in the case I have no decision making around the plea bargain not that I would've done it anyway. But this is -- circus like. I I I would have no problem I have no problem accepting the risk that some cases might -- acquittal. But don't mistake the data do not misstate the data nineteen not all -- tarnished John -- was -- go and then I'm gonna get back to you John 95% of cases are plea -- and that's just a reality in the system are those that go to trial the vast majority landing conviction and I think that number is very high over all. I'm not afraid to have any case go to trial and -- gladly accept no Latin never and I will gladly. Let me now it is because your anger don't discount now justice. Just means justice means making sure we don't treat children has classed as second class citizens -- lines are were out west. It wasn't it wasn't my -- it wasn't Middlesex County but I. -- answer your question bottom line it's the bottom line -- the bottom line is. There is no question that some cases land in acquittal but the fear of an acquittal should never. Allow the system to give deep discounts because it's better to have won acquittal and a bunch of guys behind -- 28."

" I don't yeah right handed -- right now without interruption I want to give judge John you reboot Wendy's this response was I want to hear back from you what she says that. That won acquittal is okay because I want the message to go out with take this seriously I'd be happy children how do you respond."

" Vital way you'd be brought great -- But I -- and lock in one -- him -- a note to note that I have. Thought if there was somebody next -- it. Then it's on Friday B the other system polite by the -- you don't move. -- on the front private oh light. Up watering depictions. -- for its you know not a little girl like sort of a -- but Taylor I bought all this right allows a trial out in the -- eight."

" Yeah and you know what Cory what did management and it gets too much air time IR Lurie so in the system now. You're east siders in the system when he -- just six general aren't a lot of not being in the system did that -- I -- Taking up too much airtime to get to your client did."

" He ought to be getting out he said ye are approach runs the risk of this perpetrators Debian put away 3571 -- it out of it when I heard Aaron -- the bomb is in this system forever with a classification that follows him to the day he dies in tools at hand harvested if people want -- I I got to -- you don't because he is the point that I want to make sure. -- we have in the absence -- representative of clarity and others said the legislature of the of -- that they give it all the way the in the -- all the -- this they -- Kia steel -- children because children don't -- and we have -- for the data out of one now -- very common stock presentation that the legislature has put on -- books in this -- a whole variety tools and that's John's point -- as well that actually work -- the -- the problem with -- is. The legislature does not yes it is legislature -- discipline is not it does not want to let just had a yard and it's not view and it's not mean it's not the cause the problem has been. Judges who have discretion and yet you say when I asked you I don't want to elect judges announced."

" How note first -- the legislature had they passed Jessica's law. Beef pork Corrie Sanders got out the first time or the second time or whatever number of times it wise not to mention the other perpetrators that Moses went out with Jessica's -- none of those guys -- re offended okay that's the legislature spot they could've passed just does not listen I -- one point to the scarlet a lot of -- about. I'm almost always a -- cut -- some slack here's here's here's the point. Isn't okay to have an occasional acquittal in exchange for long 25 year periods for the majority of guys answer absolutely. And I don't have any problem with the fact that some of these cases land and what's what's the what's the defense and they don't need proof that the state hasn't shown beyond a reasonable doubt I know probably that I -- free but look at. It's a well let's just make sure we get the guy in the system has got all these things in place that protect the public once he pleads to three to five and has. You know something hanging over is that -- Saunders and all the other jerks that most -- free workload isn't vast system when they re if I'm right I honestly -- when he went out of -- why now why we're right."

" column that got a -- Larry just respond I just want to offend the legislature because you said if the legislature passed the slower this would not happened. Let's focus on where the attention really should be. The legislature has passed and I wasn't in the legislature when when it happened he statute that says zero to life imprisonment. So when you say that the legislature failed because we did not -- Jessica's law and as a result which is just an agreed to statement and of itself that as a result of the legislature's inaction that's the reason my core responds it's free. You're not focusing on the fact that the judge had a statute in front of him. That allowed him to sentence him from zero to life imprisonment I'm curious as to why the focus of the attention is not on that discretion but instead is on the legislature to pass key piece of legislation that you think. Will result -- that person out walking free it doesn't got a."

" Your question and let me answer let me answer that okay apparently -- met the three branches of government all responsible for some of this okay. When you know that judges aren't getting it right because you know and the date has been out -- for a long time that the quote going rate is three to five which is disgusting and -- and why is it three to five let me finish let's assume that we can agree that reason it's three to five is at least partly judges making bad decisions judges like most -- making bad decisions about what this crime is worse. Then it is incumbent upon the legislature to say that judges that judicial branch is and get it right we have a responsibility to public safety. To the voters who want this by the way the voters resoundingly want -- okay. When the voters around the public's safety when the voters want it and public safety especially defenseless children when they want this. And judges aren't get it right it is up to the legislative branch to step up to and I usually Harrington."

" That's a very fair point and before mister reflect -- fire way calling want to say that's a very fair point and just so you understand I am not. Entirely opposed to Jessica's law let's get that right on the table right now this is stolen deliberation it's still being. But what I'm trying to do -- what my role as chair. Is to not be reactionary. Not look at editorials not listen to chest thumping to make legislation it is to be fear it is to be objective is to try to be in a proper sense evaluate all the proposals we have in front of us -- to work to -- a solution tonight."

" You to say one thing that is I think once -- is that what I have one sentence and I'll round yeah at."

" So you did you do make a -- statement but that does not. Does not solve the issue which is the foundation of all of this discussion. That in Massachusetts. We do not have the election of judges so even if we work to have minimum inventories which we have for a whole wide variety of cases it does not mean. Debt plea bargains won't take play record and it does not mean that even if the crime is is an egregious as the rape of a child you won't end up with sentences -- less government and."

" Okay and I pretend I'm a post election judges I think her move in the wrong direction we do need better screening of judges when they're the only is that the process that we need to ask them tougher questions we can understand whether they for example might be members of -- which we don't seem to ask anybody about jurors are judges. But I'm look I'm concerned because I give lectures all over the country when I say I'm from Massachusetts and I'm talking about sex crimes people laugh that's the reputation of the state I live here I care about the state I've -- kids I don't like defect in Massachusetts has that reputation part of the problem is. The awareness that we do under prosecution under -- let's listen to them right on kids well that's my experience -- Anderson let me your question because I pulled us are at Massachusetts when it's zero to life -- the judge and what told Wendy Ripley becomes a judge sometime in -- distinguished and illustrious Korea that you can you can tell it's everybody who comes in front."

" my hands like is is misleading okay if the going rate -- street fights talking about your life is misleading but your question of emotion it's not misuse. Catch you by -- I agreed to let me say something. -- the chest thumping point is really important and ice just my students last week do you want people who make laws. To be responding reactionary to the high emotion of any into want -- back to be the way people make -- and -- the answers no I'm opposed to the death penalty. But you know if anyone ever hurt when my kids I -- And I and I would be full of high emotion and so I want people who are thinking about -- most people want the death penalty as well and scientists at but I don't want anyone choosing to pass a law making the death penalty partner -- last if they're doing it based on a high degree of us and I understand the reason why we have cool hats but let me anywhere whitish chest -- because it's an important point. That people are screaming and yelling and they are really full of emotion because they are Fed up. And when you make people consistently except the chorus on -- stories which are happening over and over and over and you can't open a newspaper in the state. Without seeing another story about another offender doing something grotesque. When the numbers get to where they've gotten you'll camps. You can't help but see why the public is just an innings and don't discount -- and don't tease people or you know -- just know."

" amazing anybody I actually encourage citizen activism and it results in a lot of good pieces legislation but. You'd just characterized the state of Massachusetts I believe if I heard you correctly is having one of the weakest laws in the nation when it comes to this category so let's end. Some of the misinformation that was circulating around out there because that makes a great story that we the -- at -- the fact is is that Massachusetts has some of the toughest sex offender laws. In the entire country. Sex offender registration in Massachusetts includes juvenile only 34 other states do that for over twenty different kinds of sex offenses. We have GPS tracking for any sex offender that's on probation or parole one of only twenty states with civil commitment -- one of only eleven states -- allow civil commitment for juveniles as well as adults. And we of life time community parole for certain sex offenses and for failing to register as a sex."

" front and my -- bars that look like but don't learn about earth not -- has been waiting not a lot a lot of time Jerry you up on the yield with representative -- clarity Wendy Murphy and meet Tom -- welcome. How -- I think we're invading his privacy that we might be. I Jerry's it's either debt cellphone arteries carrying on a second conversations let's two. Let's go to Robin west would Robb's been -- around for -- as well hey rob welcome Iran -- with representative of clarity in Wendy Murphy and meet Tom Finneran."

" They weren't -- Now while back that Eric well you know. There's no excuse for parent you know because they don't feel like it wedding naked testify in court I think its orbit -- I mean yeah -- what is going to in think it would especially the intercity able -- the especially when it related. It without the ball back I would bet that community -- Op and I don't I don't I think it dies god knows what that big dispute but the -- well you'll like it."

" No I don't you know. No I don't advocate here I absolutely agree with you and one of the problems in the system is that rather than dealing responsibly with concerns about witness safety too -- we've just indulged the concerns instead okay. You know we don't know what to do we can't offer you witness protection as a matter state law we can't help you we can't give you a safe place to live we can't give you any options so we'll just dump the criminal case. That has bitten in the past the attitude and I agree with you that's responsible I think what we need is is to some -- let's address dot. Really ramp up witness protection laws and and kudos to the legislature including -- for doing that. But also we need to spend more time money and -- sources investigating any attempts to intimidate witnesses we need to prosecute all the time we need to frankly locked up the offenders and hold them in dangerousness bail conditions if there's any risk that they're going to get out on bail and during the pretrial period threaten nor coerce or offer payoffs fanatics and how had a column is a good point actually good point."

" And -- via -- again you -- information that you give to us this morning was the legislature in the last session. Did this. Enhance the tools that the DA's are you one -- think this is obviously a good step in the right -- absolutely excellent and the numbers -- out if you talk to the district attorney's they'll tell you that it's a very effective tool Suffolk County disproportionately took advantage piece of legislation in terms of who was actually going to be there I guess customers if you will of that service -- I think that other DA's throughout the state especially him with larger urban areas whether -- polio Springfield Brockton some of these other cities and towns are having difficulty with gang violence and witness intimidation are becoming more more aware of the spectacle of tool -- taking advantage on the."

" We've had dipped Conley on the Suffolk county and you talked a few moments ago -- represent a growth Larry about the realities of the neighborhoods. You know -- expert -- systematic and Chelsea in the like I'm not surprised to see that the income has been up front and in in taking advantage due to what he's got his biggest problem -- absolutely us a Debby Debby is a colleague from -- the end of a Debbie thanks for being so patient -- with representative -- clarity. Wendy Murphy and meet Tom Finneran welcome."

" That Monica and NATO wanted money out. But -- flat ever -- They don't we have juvenile law I think that the judge's discretion and a lot of time they don't happy juvenile register that they cover up erected. Not that -- on you know we that they have to register at getting punished. These -- don't register and that cities and towns are they get as a slap on the -- and brought -- to collect an apt to please register at an act police station. And and they get a lot of a commitment which you know -- the trying to get -- people committed and yet they're not getting committed to putting being put back on the streets. We can't let them to respect the fans out there and basically what they're saying about level respected and missed that we know that they're going to let stand again -- no doubt about it. -- hoped to god yeah our child -- why god god is not a good candidate or anywhere and get them. When big you'll expand again and that we you know I don't understand what you're up there are happy and Jessica liked it. What you're doing -- you don't want to pat and you put all the blame it on the bet that the not -- but did not put that -- on the kids I don't understand every week."

" Debbie that you have thrown a fair amount of stuff out there let's give representative -- clarity chance to respond -- not casting blame on anybody -- matter -- would encourage and in all individuals to participate in the judicial system especially if there witnesses to a crime and to encourage that testimony. The practical reality however is that that is what parents and guardians of children facing with these types of cases. The very difficult decision to make to put there child on the stand and expose them and open them up to. Memories both physical and mental in that as a traumatic experience that is the practical hot reality of what happens in courts every single day you mentioned registration we have passed very stringent registration laws in the commonwealth of Massachusetts of those individuals are not registering -- of violating their probation and parole. And are subject to increased terms based on that."

" I'm let me wanting to inspect it is I think it is really important that we. Focus on the fact that too often we and just allow. The parents to choose not to let the child just -- because we're not really asking will -- the parents fear it's so much and -- it is it based in reality is they said their research is out there. That making children testify is much better for them in the long run and protecting them from the system is actually perpetuating some of their trauma and they're suffering that's with the data shows I think we have at least a responsibility to talk honestly about the data but let me also say that's. It you know for a lot of time in domestic violence cases we used to let women choose not to testify -- say is -- that's coming to do with you know their rights. Our abortion rights or something you'd you can't just choose not to testify at the government's responsibility to fight crime. And in an an important study in San Diego over the course of five years when they forced women to testify even over their objection which by the way is. Is the way the law works you can't choose not to test Bible when they enforce this. What they sign an ever so don't make up is going to be turtle women are going to get beaten they're going to be. Killed it's gonna be terrible here's what they sigh after five years the recidivism rates of domestic violence in general went way down. The women in particular who were forced to testify actually I'm had reported about it consistently much safer lives. And all the fears everybody had a Mike got -- going to get destroyed on cross all these cases going to go to trial the women are going to be held in contempt. Only two women actually were put in the position of being faced with threats of contempt for not testifying. Over the course of five years there was a small cost in exchange for what we got which was a big big -- in the incidence -- your -- to make."

" to toss it out to the -- however it Wendy based upon that data in the other data that you've said about this is actually better beneficial to the victim as opposed to continuing the drummer and another way this if if that is the case of that data result there and it's open question took it to Jean as well. I just have -- I think the logical civilian questioned why one of the DA's then be eager to do it must -- these problems exactly the same way we do horrified by the we never want to see them happen again. And -- use every tool to get these --"

" Off the streets forever what is -- good I think two things one as we have a very entrenched attitude now. The practice of these cases to prosecutors have a kind of natural inclination not to force kids to testify and really. Talked about whether to that are bad policy it's just how it's billions I think it's an education issue. It's frankly in this criticism of prosecutors its cost issue it's cheaper you know endless budgets they have fixed price -- sources it is she -- To make it -- and I think that's unfortunate."

" If I could just dead or ask the caller referenced residency restrictions I think as well and in registration restrictions and."

" Just want to point out and in our research on this issue trying to be fair and delivered a fun we have looked at what other states have done in. And in terms of residency and and restrictions in the -- in what concerns me in particular is some data from California as well as from Iowa the Iowa. Prosecutors are actually asking their legislature to go back in change some very. Difficult and harsh residency restrictions that they put in place for sex offenders. Because the Iowa prosecutors have discovered. That one's very stringent residency requirements and armaments and and I am opposed to strict residency requirements but the data shows that once they are put in place. It causes offenders to go underground -- if they don't register when it's happening is the authorities don't know -- are they can't monitor them California has experienced a 27% rise in homelessness once some of the residents frictions took effect in November of 2006. So we have to be careful and cautious about how strict and how stringent we make our laws when it comes to registration and residency because who want to make sure we're monitoring them and -- not causing folks to go underground and disappear."

" Let me let me neighbors can respond to that because I let me ask a hypothetical and might help frame and a look at eleven month the cholera said something about -- people there's no punishment they can just kind of blow it off and and get a little scolding at the police station. If somebody is a sex sex offending your Massachusetts required of the statute to register. Fails to register what is adopt penalty that that person is actually exposed to just for the credit of too -- to reg."

" Stuff it's a it's a violation of the era probation -- parole violations that they will be brought and essentially surrendered on a few well and even harsher penalties both punitive in terms of sentencing I endorse further restrictions can be placed amendment that."

" the -- point is that it again it looks -- on -- it never -- something -- inventories well you know what I'd -- to -- I think -- fact -- people don't -- see the problem -- just -- the black -- you have to talk about what's happening in the system -- not -- these -- they're not getting in trouble -- the residency -- that's -- problem -- that's -- well -- important. It's strikes me as most ridiculous to say. Let's not make these guys register because they're becoming homeless or for that matter let's not let them live near children because we need to be blocked the guns -- outside but let me let me talk about the island California data because -- familiar with it. At the bottom line news. Defense attorneys and does not offenders themselves have actually been teaching each other over the past decade or so since we've been talking about all the stuff. Two render themselves. It's false render themselves harmless as a way of avoiding having to register pizza that's one issue and that's just a strategy it calls me an assertion that the counselors are complicit -- that is just it's obsolete OK so let me just say there's sex offenders with whom I've had gotten. In direct contact have sent my lawyer told me I could just say I was -- and and I -- important to our association well that's legal conduct exactly and the point is that's why the homelessness numbers are going up but frankly I don't care to GPS tracker or registered as living interprets number twelve I don't care to choices prison. Or or you know or homelessness that they choose homelessness -- and a -- and this constitutional right to live where you damn well please and the research with which says sex offenders go out of their way to intention that we live near where children congregate because they want large options in terms of their next victim. That's why we -- residency restrictions. But argument that -- me crazy. Well you know we're going to try them underground of which -- them to -- you know the choices if they didn't do the crime perhaps they would announce you're probably. Yeah driving people respond to the driving your colleagues in Iowa you're asking for this the Iowa prosecutors association around even the distant -- isn't a sexual assaults programs in Iowa are pro defense you know ACLU types I don't particularly care -- with they are there philosophically off you know off the radar. That's my knowledge of Iowa but let me ask about it Iowa with a web article twelve an article fourteen of the man's declaration of rights we you know I don't -- are kissing cousins okay. Let me say this about going underground just think how would -- how would we feel if all the murderers -- Roberts said if you keep shaming me you know I'm gonna go -- We say hello don't why don't -- don't -- I -- is that we will houses are talking about legally we don't want to try deep underground with shame so let's -- the robbers discount let it had a bad. I from Jamie people by way of a classification that -- my god that's why they go underground 'cause they're just is no shame no one."

" Saying is is that sometimes there isn't overzealous and almost a simplification of this issue and it sounds good on paper but the practical effect is what we're seeing in places like Iowa and California. Is that it's great. To file a piece legislation to say you know what we don't want saxophone -- within 1000 feet of a school does not sound very practical and realistic why would we want to sex offender with a 1000 feet of a school so now all of a sudden when you pass these laws you end up in situations especially in inner cities. We you can't walk anywhere without being a thousand feet in the schools that causes these folks. Not to register to go underground we want we don't want them to go underground it has to be."

" No one and we honestly I -- all high school playground I pick underground what I. No we want them which GPS tracking device where the primary and secondary addresses we want to know who they were interacting with and we want to make sure of that -- exception false argument -- us argument underground door -- around Taiwan now has their national prison which is why their -- being children like just so -- all I'll listen as -- clear you. Disagree with the Iowa prosecutors association you'll call after isn't absolutely because they are lobbying the legislature to go back to ease some of these."

" To -- like to look at the big California college prosecutors are sought are not a great to now take a break that up coalition against I gotta go to America right -- be back in relevant when he's going to be -- result that's the only time she ever makes I'll be back in a moment on they have succeeded W blackmail."

" I know we'll -- angel got my listening to veterans forum love and guidance disciplined. Nurturing and affection blizzard news Boston's talks vision AM six. W water or listen to it thanks for -- and again the veterans forum on Boston's talk station. AM six AB WR Kerio."

" Welcome back top -- below listening to -- they're going to do with the F blob in around here and I had pegged. -- Larry agree on point eight BC DE FG it's scary and then they continue to fight and a couple of other -- I want it sure a couple of calls but before I do what I just have to read I have to read this email that's a great email I -- I really like."

" A show one problem that I have listening to his Wendy it seems that whenever she comes on the show she really get shelled the representative in the prosecutor who called. Called up -- yeah -- shall meet you get your butt kicked this ends up making Chanel and -- Why hurt even more -- How -- anyway I enjoy listening as -- stupid person -- I do this on purpose to get ratings of a -- that's -- screaming out of our -- we don't -- 50% and you don't -- we certainly -- that the present legislation -- senate -- in -- on you know on my back I spoke with the -- monitor and as our -- we would have -- let's go to -- because -- non -- you're gonna blow -- some -- problems some -- quickly we're -- to try to -- to all the -- golf --"

" What troubled -- is brief concise support a more and opposes racial -- that the -- Well I'll what you righteous and it shall justified and I see shall pretty -- between the judges and the this thing else as a Catholic Church. Children can't speak for themselves and that the men seem to be weak in the women actually Kamal. And confront this issue head on because -- deal with the these children that are going to be who Nichols put them the rest of their life in America no. That this all be stopped if it is confront that you guys that don't don't just to -- once by the kind of catch then -- done this how many numbers at times."

" fifty to a 170 caps according to the -- that Wendy is give -- I want to give thanks for the call quickly to -- off clarity that representative for response that we're gonna go right to the next coaching I would just hope that judges that have these individuals in front of them as a very fair point. Judges that have these individuals in front of them upon conviction I would just hope that they sentenced them to long periods of time which the statute allows them I don't know the analogy with the Catholic Church I think that that's very traumatic issue and I think that the church and as -- the public doing their best to deal with that's certainly the numbers that I read in the Boston Globe some time ago vote church attendance -- the like I think -- taken -- at least have an effect on that issue as well and."

" I don't you know the problem is of course hope is the name of the nice city and -- time something hope gets a -- and we've waited long enough I love the fact that this caller said. Women are going crazy. It is the mother bears out there and we are angry and we're screaming and yelling and organizing and one of the women who called and community voices Laurie Myers in the recently. Have done an incredible job finding a place for them angry mothers out there the fearful -- appeared to organize -- be -- if they've got an Internet website they've got a fundraiser coming up this great group an -- you know ice care too but women like angry stares at it let's go to bill from Hampton hey bill welcome and thanks for hanging on your on the it would -- clarity in Wendy Murphy."

" That morning -- somewhere and help you want to do agree with an interest there it is my I have a child that was left to choose. And we went in we had our quote of the church and in the court hearing in all right now because we want to future what was wrong wrong in Europe as. You know we did that -- I would convicted he did six more. Certainly -- so now my daughter years later is. You know that architectural. What did -- everything went in front of this snippet story separate -- that are you know hundred here life that's crap. At all crop because we get our project is traumatized -- even bother. Then you have that the system that you're talking about Cain basically just. Blow you away completely -- you lately and my daughter or my maverick or me or my -- it's heartland it. And -- in this church is on the street today it's six months he's been in bad convict."

" Judge what's an excellent. Tell us I don't know how I'm going to -- yeah it's my daughter right understood New York millionaire did devastating it. EP Eugene just sit there ain't got -- scroll bar is whole."

" Devastating story want to give G get a chance to response six months is not obviously the sentence that judge oh clarity a judge Griffey would have given but you know Larry for the response first of all. Does a terrible story and I really hope that that you and you family and you daughter can move on with life and as difficult as that ism and know it sounds easy so for Islam my apologies for the personal situation you've been put it. Secondly absolutely egregious that the judge after and upon conviction what sentence -- child rapists to six months. That is almost calling for I recall it is something that should not be happening in the commonwealth of Massachusetts the judge in that case have the latitude to sentence -- child rapists from zero to life. And it's certainly if I was on the bench and that case was in front of me and that person was convicted you can be rest assured they would not be doing six months they were doing a lot longer."

" I have proposed a question another about going to put Wendy's -- on prominent in response gene that you give it to you emphasize zero alive so ago a judge who would your opinion would to -- jobs going to hit a lot hotter than some silly six months that that is preposterous on its face for child rape. Wendy would say back to you in pianist Jean. You -- too much hope and too much confidence in the latitude and discretion of judges yes the statute. Gives a very punitive aspect on the way intellect but the pattern and practice is not being borne out. Why don't we do. Ideas tiniest when he got whatever it might be because when you hear this story is I said here is that the thank you gotta be kidding me and -- sales months."

" there's no definitive answer to that because -- deliberations and are concluded and there may be the possibility of some legislation being inactive along those lines but let me just say something else that. The fact that you know this the sends up on the sort of a philosophical back and forth about judicial discretion versus minimum inventories as you know unlike most of our sister states in the union we do not have the election of judges here the commonwealth of Massachusetts. Every now and then you hear the issue raised of why don't we have the election of judges usually it's a reflexive response. To some very bad judicial decisions that have been made. And as a result it prompts the question. Do we or should we have the election of judges in the commonwealth of Massachusetts that would require. That judge that we just heard about. Would be in the position of having to campaign for public office in do what we have to do my colleagues and I in the legislature every two years accountable to the people's stating opposition's why would doing something why we're not. And from -- I have never been an advocate of electing judges because I eight I just I don't think that that's the correct way from Massachusetts to go. I think it treads on the ground of the separation of -- to some degree but I would hope. That in the initial pre screening process we are putting these very important people in very important positions that we do our very best to make sure. That when people are convicted of egregious crimes that they don't have the tendency to pat them on the rest."

" Well why these people to do in Paris trying to do that better but you know the other option is somewhere in between appointments with life. -- chancellor Peterson is so see you want judges to be as -- sickly placed and removed according to the will of the people like the legislative branch which you want to be Olympic more are responsive to the -- the people. But you don't want judges to care mean they do have a responsibility a duty. Two of the public that that that if they're not getting it right. Then we should have a place for the people to voice their concerns review after five years where if they're really not getting it right we can measure what they've done wrong. Bring it to -- attention and recall that even I don't want to -- recall but -- but basically take away their appointment if they're not getting the job done why don't have acts."

" You know bill from -- call is the one emblem on most provocative and heartbreak and cause of take enemy can imagine the -- goes through this year hopefully -- goes through this. Convicted convicted to secure it so that the with a beckon fortunate about a child understand they -- and it's six months after that I mean that. Parents -- get does rage isn't what I -- haven't beat you. And disaster it's incomprehensible that you would have in child rapists in front of you and you would look at the statue of sentencing guidelines as the judge. And look at the statute -- case this guy's been convicted now it's in my hands I can sentenced this person from zero life. And child rate for six months I just I I can't attend property that's ridiculous rabbit not that uncommon rob -- from aims very erupt thanks Hannah."

" About that particular call ticket and I I don't what Wendy thank you so much debate for -- representative Byrd got green light years up Patrick this. Leading the level who is so Bell's original is outlook on this stop our calibrate it. As elaborate -- support anybody who puts it back while. It think twice before pulled the trigger again and I are gonna optical last caller and not bring it all polite thank for bringing it up front -- It's a great show today and --"

" Okay rob thanks for gotta gotta give -- Clerides chance to respond to calls process of accusations -- descriptions was one of the first times that the company called the bleeding heart liberal I don't think the people in my district considered me a bleeding heart liberal I would hope that they would consider me somebody that tries to be reasonable and rational on these matters and it doesn't respond to your chest thumping a legislative solutions when the practical effect oftentimes is that it doesn't make any change whatsoever except adding paper language on paper and a statue."

" Well let's see what you do we're gonna we're going to see -- at the end of the Jessica's law debates and your that the guy the most powerful guy in charge of the Judiciary Committee you're you're in charge of -- makes progress or not. So we'll see when do you intend to do something on the bill and when can we call you back -- Italian -- we have Collison -- know."

" Question what -- you don't we can't see whether -- visibly inherently waive its right up let's go Africa beat Canada he does not question again I'm not given but that's and the few hundred don't repeat it --"

" Okay got three things -- The first one is. As far as electing judges. Has nothing to do pretty -- separation of power the Pope wants. People we have a right to vote on the our our confirm them if they do we things that we believe how well public say. -- daddy yelling about -- I don't think it means any with weapons flow what do I think. Being attacked and -- my serious. We're talking about what happens except defendant failed to register -- Let's look at a specific example why doesn't someone tell me what happened to Deval Patrick problem."

" It them -- and a lot of ink and that now right what was his brother was accused of domestic violence or sexual -- brother in law it was just it was it was like talking about debt to -- arguably it wasn't that relevant I mean people want to know what happened to."

" I also think that situation was an adult to one a divorce or separation and some them I'm not exactly sure I don't recall when we come back you know Larry's going to give us the answer to the question that when you to -- the -- legislative timetables unlikely it's. Impossible to predict but we're gonna have -- respond to that in we'll finish up with what has been a fabulous couple of -- with represented Regis. There anyway you get that's crappy music get rid of -- right faceoff man I. -- concept now about even going to give up the phone number we only got up and a half francs -- soft shot out soft pop pop pop pop I'm not really big Sinatra -- but I want to give -- Regina clarity I guess a moment -- comment windy -- he obviously has something to say about them that's been going on around children that might be positive not negative and because we want to give Reese in the radio a little bit of we want to get a preview of some what's going on this gene Polonia."

" I want to answer when he's question about the timeliness of this and I think Wendy does know we're in the second half of legislative session we have until July 31 before a formal sessions and the reporting deadline for a bills is in March the Judiciary Committee as well over 800 bills actually close to 900 bills which is a staggering amount of bills will be asking for an extension on that so we have at least up until that time period to work on the bills have asked my staff to focus on not only child sex offender bills but also some of the -- loopholes that would discovering including. No registering while things are being appealed some of these other loopholes last legislators session we closed -- focusing on that. And that's sort of but I."

" Having -- offender level determined before you get out of prison would be good idea to protest that's correct we tried -- was -- I've -- and that's that's our kind of why I smiled thought so then what -- extension watch Barney analyst where we thought I don't like about it -- when I -- a request is he's been great guest when it happens -- if you could give. Meehan heads up Wendy has that would just be more than -- to make myself available given the calls and we had this money the public Israeli idea they're actually keep watching the show you gotta start is that everybody should something nice about kids in Massachusetts and I'm just personal to me. No I've had a couple very sick kids recently and I just want to say with regard to children's hospital boy might the world to live in Massachusetts the best hospital in the world. And my kids recently have had a bunch of surgeries there are just want to say thanks and kudos to doctor on whitener -- she hamburger and doctor balcony anti specialists they are deep -- that is the hospital where everybody should go after all right by the Iraqi children -- thanks Alex wanted to do good work supporting them in race on the radio got a couple of seconds what's up ahead -- you in the next two hours and -- My son started school today and probably one of the worst schools in the Boston area and I'm not happy about it it's just that the finding that the parents can come into schools and beat up -- and then leave run over -- always get out of jail and thousand dollars bail -- will get incidence of that."

" Yeah right guess we have a couple of topics to left pursuit for the next couple of hours hey I'm Tom -- I'll be back tomorrow morning at six thanks to Wendy Murphy. Thanks to representative -- of clarity it's been great radio bad grade B would you we'll be back to borrow money of 680 WR -- it on. Right I was amazed at."

" Thousand want to talk radio wave of personalities. Yes February 3 -- terms of the moon on Boston's talks vision may have a victory. WRKO Boston"