Mar 24, 2014|
Our legal expert Harry Manion joined the show to discuss the Boston Globe story on Jared Remy. Harry said that Jerry Remy'[s wealth and fame helped enable his son.
Transcript - will not be 100% accurate
Our number three Dennis and Callahan we spent the first two hours -- -- we know what the hell were talking about when it comes to legal system still rather than just continuing to do that we thought we bring in somebody who does -- What the hell he's talking about every man Ian is the founding partner menu and Gaynor and Manning leave the team of 35 lawyers. Which handles complex civil white collar criminal litigation -- also represents the owners of professional sports teams. Professional athletes' agents and coaches. As well as various CEOs and board shares and several members. Of them via there needs exists and on that list yeah -- asked several members of the media -- carry -- -- on speed -- you know just in case -- just in case. She's my friend John most likely to get indicted I. My friend. Great and I was great until Europe producers set me up. A -- from the West Coast yesterday sent me this article and that sort of like most of New England cast a Pall over my my bright my cold Monday. Yeah it is it is shocking it is frightening it is stunning how rare hairy in the judicial system. Do you see the depth and the -- of second chances for clearly troubled individual we're talking about 74 entries. On his rap sheet in eighteen years and he only spent 81 days in jail. Unfortunately John it is all too common. I know that and there is he in the -- went to jump to the conclusion that has these Jerry -- and get special treatment but certainly. That's certainly a plausible explanation but it at the district court level. On where there's a great volume of cases mostly criminal. They judges are in the in the court system. Is are overwhelmed with volume. And there also there's also eight of feelings there. That you don't wanna take one bad act. Who whatever it might be and ruin a person's life. That and the evolution of this whole idea of second chance that the problem there. Is there such discretion. In this position and threatened at that level without without really any right to appeal. And so the pressure on the prosecutors. These -- young people right got a lot schools somewhere from zero to five years typically. With a huge volume of cases. In every district court whether it Somerville. On a West Roxbury or our way out and in Springfield. There were the volume of cases that many of them are alcohol related he would it's -- serious traffic. But they are there is some conduct. That -- shouldn't be disposed of at that level and ended and that's what that we really need to step back here. And say look our right it if if there was a problem with a girlfriend at western Chinese seventeen and a half years old eighteen years old. Okay but that that's yet. He and there have to be. And yet the reality here for the -- gambling that the victim's family and the people that lost Jennifer -- is it if if Jerry Remy was where he should have -- Which is behind the walls at cedar junction for a long period of time she would be alive today and that's the reality. Well what would -- simple question for an -- YA belong to jail you're right that's jails are made for guys like Garrard -- me why didn't why didn't these judges put him. Well I think it was a combination -- it was a combination of what I just described as sort of the the reality the pragmatic reality and philosophy. Of what happens at that level in the first level of criminal justice in the commonwealth. He and as anyone that knows it is experience. They had any experience in in domestic violence and domestic abuse and I am very close to several prosecutors. Who are former prosecutors who made it their life. Their lives work I'm. There's also in the time that the victim. Get either intimidated. Psychologically physically or whatever and -- -- cheer he does not testify. But that's the judge have to recognize that that he is a threat a guy who's. Repeatedly beaten up women young women. Pregnant women is a threat to society and find a way to keep them in in custody. There's another problem -- When you look at the stock. I have looked at hundreds if not thousands of -- it's not clear what his history is when you -- you know continue without a fine. It may admit -- -- back to Kindle -- letting -- -- It disappears. There's also such a thing -- pretrial diversion. You go again you say it looked like you know I don't have even squat that I'll just go at them and give the second chance. Don't do anything wrong for the next six months or a year and it goes away and we'll dismiss it. The Jarrett got the benefit of all these procedural. Niceties let's call. Any took maximum advantage of it it's just that it just. The breathtaking failure of the system and and I'm sure every one that woke up and Sunday morning and register New England just feels the same way it's hard it's hard to have any sympathy. Jeremy so -- to be clear are you suggesting that every judge in every court appearance doesn't have this long list of of of incidents in front of them just to make a a a a well around the decision -- -- well informed decision here. The judge he has the cold hard shards. And the end of the disposition that's which shows up on the docket beat and beat spousal abuse and -- DW -- assault and battery deadly weapon assault and battery spousal abuse. -- and then. Look at the judge could say eight to the prosecutor. The defense lawyer. When he's got his position -- she's at this position they talk a little about what happened back. I'll witness that Tiffany go yet back in the yet ninety's it is 2000 sort. Or what happened with Ryan McMahon capital -- I'll sit here and got them -- a little about -- nick and I won't know little more about this he could do that. But not normally they -- out its its its bing bang slam -- later is that we do we have a deal you're yes we do is go to bed -- -- -- -- admit that sufficient facts he's gonna get counseling. His family supports him. He's he's he's got ties to the community. We're gonna come -- -- it that is sufficient facts please give us a continuous without a binding if the defendant is not back before the court within 66 months or a year. It goes away and and look how many crops Jarrett. The -- would defuse a mere one of the many things that he's their read this quote story and I guess at the -- to tease me -- is that Remy sort of goes to jail for eighty days the one time he doesn't. And then it's I think it's six or seven years later he'd be -- you know beats up. -- it is able to walk out of out of jail it'll it'll keep GOP's forty bucks he'd be he'd kill to the next day I understand his. A million reasons why but that just seems impossible to be -- that can happen. I hate -- you picture. -- your finger on the debate that the the most glaring. Point here from a criminal justice standpoint and that is how did this particular lap incident. How how was that -- because it's almost cause in the back. Am I in the end unfortunately it's a very. Thorough piece but they don't address that. And I think that's where we need to look. I understand you know that that'd be the -- -- Jennifer apparently. Was unwilling to go back -- -- continuation of the restraining order the emergency restraining order allegedly after talking to the red army family. And that's just it was. It was very old leak in the article but that have to be looked at because that was the last clear chance for the system to saves -- -- -- Martell. And we failed miserably. Perry -- -- system flaws aside in your estimation did Jerry Remy get the treatment he received. And a 1000002 choices because he's Jerry Remy son or because Jerry Remy had the money to hire Peter -- Boat. You see in the related and so that the answer is. It helped. And if he was. You know Jerry Smith. I think the -- of of the system would have been brought got down on him. Earlier although I say that I say that at Gerri at the job and I believe it. I can just tell you that even -- Jerry Smith out there this kind of thing goes on all the time district court. Here's the thing and get him everyone wants. Jerry -- wonders what Jerry NPB didn't bail on -- just. Literally stop bailing them out and stop paying for his lawyer. -- a Harry do you see that much for parents of the kids in Cordoba allegiance -- as -- and state. You're on your own and what if he had had a public defender at some point. Would be abandoned in prison could -- Jennifer -- perhaps be alive today if he didn't. Have the money and the support of the cup jargon and the money and support of his father. I'll answer your second question first Terry and I think he would've been in prison and not for 81 days at that you wouldn't it. Doing -- very serious bit of time on the right and the man assault. The young woman up in in it repeated insults and assault on her friend. And her girlfriend they're just it just pick up a seventeen year pattern of violence and -- A tremendous physical of violence against all kind -- apparently kicked that. -- a guy that was down after -- immediate hit it got to -- over the head of the bottle have been frankly -- twenty years ago. But nobody is nobody has size Harry didn't pick on everybody he never picked on a guy his size. No and so it is your second question first he would in my opinion he would have been behind the mall and force some serious period of time. I have represented -- you know the jury many many families in similar situations in my experience is. The parents just. Never -- the time don't give up when they give up and throw their hands up on me. Fifty arrests whether it's drugs whether it violence whatever it is it's rare I've seen it. Which is just you know Harry I get the call just let him sit at their in Santa Monica just let it sit there and present don't. Don't call anybody and see if you can arrange bail and that's where most of the time. The carries just -- -- -- Enabling him and obviously I'm sure they're -- -- awful. About this in. I just you know what what can you say it's it's it's it's just tragedy all the way around in the in this is a very very very violent bad person. So you've seen this though. In different cases before over the years guys like this -- mean this is not for you -- extremely unusual record. Not at all not at all this is pretty extensive I've never seen this kind of rap sheet. Without any serious period picnic incarceration I've seen up close to that. For him very well heeled clients and and influential people and celebrities and children as -- yes I've seen some and but not at this expensive this is the most extensive. Pattern of violence that without recourse without serious record I have seen in my career. We're talking with a turning hairy men and and -- and -- is almost virtually impossible to answer but let's just say at a certain point Jerry in Phoebe decided we're not gonna post bail we're not gonna build this guy out. We will let him sit there for as long as it takes to get this thing to trial or whatever the case may be how much more time behind bars and -- probably every incident would have a different set of circumstances. -- he spent a substantial amount of more time behind bars and they just said nope we're done bail them out you take care of it and sit in jail on rot until the system worked itself out. Yes because they would give. Someone along the way. Would have if if -- -- hadn't been made it to deals were the various deals that redundant but the prosecutors didn't go along with the deals and the judge just imposed them anyway. But the Ryan McMahon assaults on shuttle landed him indicted indicted felony indictment. In the state courts superior court what you get is superior court the whole game changes could -- you're looking at state prison time and that -- it happened in I think. Without this whole confluence of of factors. Influence. Very able defense lawyers. The working the system as well as Peter work the system Peter Bell worked the system. This whole perfect storm of mayhem. I think he would have been doing a serious debt at cedar junction. OK let's assume that Dennis and Callahan and even minute hand can afford some elect Peter Bell or or hairy man. It's seems to me that even with that kind of access to too good lawyering. If like cut up my wife's clothing and pictures. -- slashed her tires and Peter -- If I choked her to -- tried to push her out of a car by slammed her head into -- by pulled her hair for murder forget assault with a deadly weapon on any water to those. Lesser I use that term you know judiciously lesser charges I think I'd be behind bars for a long period of time -- don't you. You just put your finger on something that that that causes is part of the the conundrum we're looking at here and that the the litany. Of conduct that you just -- it can't dig up photos. -- slashing tires. Her -- saying. Stocking they're all bad. But they're not taking a beer bottle and smashing it over had it I throw order if they so we got to focus on conduct the problem with Randy. Is that Eddie was you know a scorned lover and obsessed and sent 2000 email -- seen that movie a hundred times OK and both -- female and -- And then hit it escalates John into stalking. Escalate into confronting it and within another as you know another. Boy credit credit in it but but let it escalates to physical violence. But a guy on steroids -- -- oh a guy that weighs 200 copies more than the victim. The way it went into it when you're using deadly weapons beer bottle. When you're when you're gonna escalate that we're at it differently and went back. We're not dealing with you know this is sort of put this domestic disturbance down in the district court we're dealing with men have we're dealing with felony. Aggressive behavior if we don't recognize that. And say let's deal with that with for what it is which is eight felonious assault on helpless victim. And -- prosecuted and say here's what you get. It found guilty of a felony AP VW and first -- who get. Here's by the wall like -- -- 25 years behind the wall. Because the only guarantee we have that you won't do it to somebody else is that you -- in the -- don't do it some where blocking eight. Burial league you have this question will all this outrage that doing -- it is is feeling. After having read that voluminous piece in the Boston Globe yesterday in any way shape perform. Have any effect on what the judge decides in the jury decides how this trial goes where eventually goes to trial. No because that that that this is publicity that this is an open and shut case in the east. The problem is that girl dead and nobody hears that the question John is that. Will have any impact the way this has been portrayed in given the notoriety and given this is a red -- on the system itself. And I think it will. I know the administrative justices did run the court I know how upset they aren't the prosecutors at the wrong. And almost everyone -- a friend of mine. I know they're sick to their stomach and with all of us including defense lawyers have to step back and say hey Le let let let's let's get serious here. Yet there is -- difference between stocking and there's a difference. Between the pop bottle across the face. And it got into the -- to your throat and choking it is just a big difference. Let's take that I would conduct where ever it and and treat it like it is felonious assault. First offense jail time second at that big jail time. Can you even imagine what his defense will be because he pleaded not guilty. A great yet complete and I don't they all yeah but no I don't imagine that we gotta run that -- At south African historians say that was an intruder. Now now there's that it is going to be a plea. Question is whether they'll -- do I do think John pursuant to your question. That they need this beep what what what the prosecutor might be willing did you hear. He is going to be in it absolutely affected by the the publicity and of this article and that that this has now been put. On it was already high priority but that the whole light of the entire country is sort of on this you know -- does on the West Coast are already talking about it out there so I think now that they're gonna go. It's going to be. You know murder one will they allow and the knock it down to -- complete the murder kill remember that different is natural light no parole vs. Eligibility in fifteen years you know how -- is -- in his forties you know. Fifteen years he's he's parole eligible argue really what about the streak at 54 years old I don't think you. On the decline in fifteen years or that shouldn't be a problem. -- after it directly to exact yeah that's true. I like the idea this could spend the rest of his life with guys his size and you know guys as strong as he is. Who want little little rich kids from Weston I think finally. The bullies gonna meet some real bullies. Poll that he'll be acute rejection has a whole bunch of people that. Jared let connect with I'm sure. These are good friend attorney hairy men and -- as always we appreciate your expertise in your insight thank you my friend we'll talk to Donna -- -- man it would Dennis and Callahan on the AT&T until.