Massachusetts Supreme Judicial Court urges Baker to weigh prisoner release options

Matt Murphy
State House News Service

The Supreme Judicial Court on Tuesday urged the Baker administration to consider how it could commute sentences, furlough prisoners or allow early parole to “mitigate the spread of COVID-19 in the Commonwealth’s prison system,” but denied a request from defense attorneys to stay the sentences of non-violent offenders and those nearing the end of prison terms.

The court heard oral arguments this week in a case brought by Committee for Public Counsel Services and the Massachusetts Association of Criminal Defense Attorneys seeking to reduce the risk of COVID-19 spreading in prison among vulnerable populations. The SJC on April 3 said it lacked the authority to stay final sentences without an official appeal before the court, but ruled that individuals being held on bail ahead of a trial for nonviolent criminal charges should receive a hearing for release within two days of filing a petition. The plaintiffs and civil rights groups were disappointed the ruling didn’t go further, and filed for reconsideration.

The SJC on Tuesday issued a ruling that affirmed its previous decision, but urged the Baker administration to consider using its authority to release more prisoners. The justices also granted the plaintiffs’ request for better reporting from the prisons to help attorneys identify inmates who could be good cases for early release.

“We are grateful that the Court has taken additional steps to protect the safety of incarcerated people and improve public health. And we agree with the Court that the question is now whether public officials will act to prevent more illness and death among people in custody, correctional staff, and the broader community,” said Matthew Segal, legal director of the ACLU of Massachusetts.

Gov. Charlie Baker has said he thinks it would be a “very difficult time” in the midst of the public health crisis with social distancing rules in effect to release a prisoner into the community with limited supports.




Downtown New Bedford’s Green Bean opens back up

Green Bean, a popular downtown New Bedford coffee and vegan spot on 740 Purchase Street, announced that they are back open today from 7 am – 2 pm. Customers will have to order online or by phone. Green Bean temporarily closed their business on March 23 when the coronavirus pandemic starting to take hold in Massachusetts.

One of New Bedford’s most popular restaurants, No Problemo, re-opened two weeks ago.




Polito, Keating, Kennedy tour UMass Dartmouth field hospital

With the Commonwealth’s latest field hospital set to open this week at UMass Dartmouth, Lt. Gov. Karyn Polito, Representatives Bill Keating and Joseph Kennedy III, and other officials visited the campus’s Tripp Athletic Center on Tuesday for a tour.

The facility, a partnership among the Massachusetts Emergency Management Agency, UMass Dartmouth, and Southcoast Health, is licensed through Southcoast for 98 acute care beds. The field hospital was readied within a span of two weeks and will be ready to accept patients as early as Wednesday should the additional capacity be needed amid a surge in patient volume, officials said.

“Our administration is committed to providing patients and frontline health care workers with the resources and care necessary to continue battling COVID-19,” Polito said. “This facility will support ongoing efforts to establish field hospitals throughout the Commonwealth and we are grateful for to UMass Dartmouth and Southcoast Health for their collaboration and hard work to protect residents and communities.”

UMass Dartmouth chancellor Robert E. Johnson and Massachusetts Lieutenant Governor Karen Polito tour the field hospital constructed in the Tripp Athletic Center.

The fifth field hospital established in Massachusetts since the start of the COVID-19 pandemic will be staffed and supplied by Southcoast physicians and providers, nurses, and clinical and operational personnel. UMass Dartmouth will provide food services for patients and employees, as well as external security. MEMA installed generators, portable restroom and shower facilities, washers and dryers, and air conditioning units.

“I am proud of UMass Dartmouth’s participation in this regional, collaborative effort to protect the citizens of the South Coast region,” said Chancellor Robert E. Johnson. “I applaud the Baker-Polito Administration’s nation-leading response to the spread of COVID-19 and the commitment shown by Keith Hovan and Southcoast Health as they prepare for any possible scenario. We will get through these unprecedented times together and be stronger for it.”

Hovan, President and CEO of Southcoast Health, agreed.

“Lieutenant Governor Polito’s steadfast commitment and enduring efforts to protect residents across the Commonwealth were instrumental in this achievement, as were Governor Baker’s, Secretary Mary Lou Sudders’ and MEMA’s,” Hovan said during the tour. “And Southcoast could not ask for a better partner than Chancellor Johnson and the entire UMass Dartmouth community. While we hope this facility will not be desperately needed, it represents the aggressiveness of our preparation and the scope of our response. We’re grateful to all who made it possible, especially our frontline healthcare workers.”

In addition to Polito, Keating and Kennedy, other elected officials in attendance for Tuesday’s tour included State Representatives Antonio Cabral, Christopher Hendricks, Christopher Markey and Paul Schmid and Fall River Mayor Paul Coogan.

“UMass Dartmouth has been transforming lives for years,” Keating said. “Now, they’re working to save lives by partnering with Southcoast Health, where all our heroic health care workers on the front lines are dedicated to keeping us safe.”

Said Kennedy:

“Expanding our health care capacity is absolutely critical in our efforts to save lives as COVID-19 continues to creep throughout communities. By opening this field hospital today, UMass Dartmouth and Southcoast Health will ensure our neighbors will always have somewhere to turn when they are in need of treatment and care.”

Dr. Will Blair will serve as the field hospital’s medical director. Kelly Shanley, RN, Director, will act as operations leader. And Bill Tavares, Emergency Department RN, will serve as nurse leader.




New Bedford’s Buttonwood Park Zoo Wildlife Educational Series continuing virtually

The Buttonwood Park Zoo will host its Wildlife Education Series, “A Deep Dive into the Ocean Twilight Zone”, virtually on Thursday, April 30, 2020 at 7:00 pm.

Captain Philip G. Renaud, USN (Ret), Program Manager of the Ocean Twilight Zone (OTZ) Program for the Woods Hole Oceanographic Institution (WHOI), will be the guest speaker. The virtual presentation will be done through Zoom and while the program is complimentary, pre-registration is required. Visit www.bpzoo.org/wildlife-education-series/ to register.

The Woods Hole Oceanographic Institution has embarked on a bold new journey to explore the mesopelagic (aka the ocean twilight zone), a vast, globe-spanning, and dimly lit region between about 200 and 1,000 meters beneath the ocean’s surface. Captain Renaud, will take you on a virtual journey to this hidden world where he will expose you to the denizens of the deep and all of the amazing technologies that WHOI is using to explore one of the Earth’s final frontiers.


Atlantic Longarm Octopus. Photo by Paul Caiger, Woods Hole Oceanographic Institution.

About the Speaker:
Captain Philip G. Renaud, USN (Ret), is the Woods Hole Oceanographic Institution (WHOI) Program Manager of the Ocean Twilight Zone (OTZ) Program. The WHOI OTZ Program is one of the TED Audacious Projects: a new model to inspire change at scale.

OTZ is employing a multi-disciplinary team of scientists, engineers, and communicators over a 6-year project to dramatically advance man’s understanding of life and planetary importance of this vast zone of our world’s oceans. Formerly, Phil served as the Executive Director of the Khaled bin Sultan Living Oceans Foundation, a Private Operating Foundation with a global mission to conserve the oceans through science, education and outreach.

The capstone accomplishment of Phil’s tenure at Living Oceans was leading the Global Reef Expedition; a five-year, 15-country circumnavigation of the globe on the 220 foot research vessel, Golden Shadow, during which the Foundation mapped and surveyed many of the world’s most remote reefs in order to advance science and conservation management. His career in oceanography began at the Naval Academy where he earned a Bachelor of Science Degree in Oceanography.


Glass Squid Cranchia scabra. Photo by Paul Caiger, Woods Hole Oceanographic Institution.

During his distinguished 25-year career in the Navy, he served as the oceanographer of an aircraft carrier, the lead oceanographer for the Commander, Second Fleet, and the Commanding Officer of the Naval Oceanographic Office. CAPT Renaud has earned master’s degrees in Oceanography, Meteorology, Strategic Studies, and Business Administration. He is an avid scuba diver, underwater photographer, sailor and skier.

BPZOO is proud to offer this event cost-free to our virtual community, but registration is required. The link is available here. If you would like to make a donation to the Buttonwood Park Zoological Society’s Emergency Operating Fund to ensure we stay connected, please text BPZOO20 to 41444 or visit https://www.bpzoo.org/emergency-operating-fund/.


Transparent Sternoptyx diaphana. Photo by Paul Caiger, Woods Hole Oceanographic Institution.




COVID-19 cases rise in Massachusetts for the first time in five days

Massachusetts Coronavirus Update

On April 28, the Massachusetts Public Health Department reported that the state added 1,840 more positive cases of COVID-19 bringing to total to 58,302. This is an increase from Monday’s 1,524 reported cases.

150 new COVID-19 related deaths were reported on Tuesday bringing the total deaths in Massachusetts to 3,153. As of 4 pm today, 254,500 people in Massachusetts have been tested for COVID-19 – 9,613 new tests since yesterday.

Governor Baker extended the essential services emergency order to May 18th and launched a Reopening Advisory Board that will produce a plan to the Governor by May 18th. Full details here.

New Bedford Coronavirus Update

Mayor Jon Mitchell’s office Tuesday reported 32 additional confirmed COVID-19 cases in New Bedford, bringing the total positive cases in the city to 535, up from 503 on Monday. Two more COVID-19 related deaths were also reported bringing the total to 25 in the city.

The City of New Bedford will distribute more than 50,000 masks manufactured at Joseph Abboud Manufacturing Corporation in the City’s North End to New Bedford’s vulnerable populations and frontline workers to protect against the spread of COVID-19. Full details here.

New Bedford Public Schools’ free Grab n’ Go student meal distribution program continues at Grab n’ Go locations throughout the city with one temporary change of location in the South End: on Friday, May 1, 2020, Grab n’ Go at Roosevelt Middle School will move to Jacobs Elementary School, which is two city blocks north of Roosevelt. Full details here.

Fall River Coronavirus Update

Fall River today reported 37 more confirmed positive cases of COVID-19. The City of Fall River has confirmed 448 positive cases of the coronavirus. Full details here.




Warren urges Trump administration to allow eligible immigrants to complete naturalization process

United States Senator Elizabeth Warren (D-Mass.) joined Amy Klobuchar (D-Minn.) along with Senators Cory Booker (D-N.J.) and Catherine Cortez Masto (D-Nev.) and a group of 11 colleagues in a letter to the U.S. Citizenship and Immigration Services (USCIS), which has suspended live interviews and U.S. Citizenship Oath of Allegiance Ceremonies during the coronavirus disease 2019 (COVID-19) pandemic, urging the Administration to implement technological solutions that will allow eligible immigrants to complete the last steps on their path to citizenship.

“While public health guidelines make clear that in-person contact should be limited to slow the further spread of the coronavirus, we urge USCIS to design and implement technological solutions that will allow immigrants who have played by the rules to complete the last steps on their path to citizenship,” the senators wrote. “As a result of USCIS’s March 18 freeze on oath ceremonies alone, over 100,000 people who have been approved for naturalization may be prohibited from taking their oaths and may therefore not be able to exercise their right as citizens to vote in November.”

The letter was also signed by Senate Democratic Leader Chuck Schumer (D-N.Y.) and Senators Mazie Hirono (D-Hawai’i), Edward J. Markey (D-Mass.), Bob Menendez (D-N.J.), Richard Blumenthal (D-Conn.), Dick Durbin (D-Ill.), Kamala Harris (D-Calif.), Jack Reed (D-R.I.), Jacky Rosen (D-Nev.), Jeanne Shaheen (D-N.H.), and Sherrod Brown (D-Ohio).

Senator Warren has been a champion for immigrants, including during the COVID-19 pandemic:

– She has cosponsored the Federal Immigrant Release for Safety and Security Together (FIRST) Act, introduced by Senator Booker and Congresswoman Pramila Jayapal (D-Wash.), to move immigrants out of detention and halt immigration enforcement against individuals not deemed a significant public safety risk during the pandemic.
– In early March, she led a letter urging the Trump Administration to suspend all immigration enforcement actions in and around hospitals and other medical facilities.
– She recently joined her colleagues in a letter to the U.S. Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE), and U.S. Customs and Border Protection (CBP) pushing for the release of vulnerable and low-risk detained persons from DHS custody as the number of coronavirus cases continues to rise. She and her colleagues previously wrote to DHS, ICE, and CBP asking about their plans to prepare for the possible spread of COVID-19 within DHS facilities.
– She joined Senator Durbin in urging President Trump to automatically extend work authorizations for recipients of Deferred Action for Childhood Arrivals and Temporary Protected Status during the pandemic.
– On March 11, she sent a letter with Senator Markey raising concerns about the U.S. Department of Justice’s (DOJ) handling of COVID-19 prevention efforts in the immigration courts. Senator Warren later urged DOJ to close all immigration courts to prevent the spread of the virus.
– She has also introduced the Prioritizing Pandemic Prevention Act (S. 3510), legislation to defund the border wall and direct those funds to combating COVID-19.

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Grab n’ Go meal distribution at Roosevelt moves to Jacobs, May 1

New Bedford Public Schools’ free Grab n’ Go student meal distribution program continues at Grab n’ Go locations throughout the city with one temporary change of location in the South End: on Friday, May 1, 2020, Grab n’ Go at Roosevelt Middle School will move to Jacobs Elementary School, which is two city blocks north of Roosevelt. At Jacobs, a Grab n’ Go table will be set up at the school’s main entrance, 47 Emery Street, on Tuesdays and Fridays from 11:30 a.m. to 1:00 p.m. Grab n’ Go meals distribution will resume at Roosevelt on Tuesday, May 19 and ending at Jacobs.

Grab n’ Go meal distribution is available on Tuesdays and Fridays. Tuesday meal distribution: students will be provided meals to cover breakfast and lunch for Tuesday, Wednesday and Thursday. Friday meal distribution: students will be provided meals to cover breakfast and lunch for Friday and two additional days.

Grab n’ Go meals can be picked up at the following locations on Tuesdays and Fridays from 11:30 a.m. to 1:00 p.m. for each child (18 years old or younger) during the NBPS closure due to COVID-19: Campbell, Carney, Gomes, Hayden-McFadden, Jacobs and Lincoln Elementary Schools, Keith Middle School, and 52 Walker Street (Brickenwood Housing Development). Please wear a face mask when picking up and maintain social distancing. All meals must be taken and consumed off-site.

New Bedford Public Schools Food Services has distributed more than 70,000 meals to date.




50,000+ masks made by Joseph Abboud to be distributed to vulnerable residents and frontline workers

The City of New Bedford will distribute more than 50,000 masks manufactured at Joseph Abboud Manufacturing Corporation in the City’s North End to New Bedford’s vulnerable populations and frontline workers to protect against the spread of COVID-19.

New Bedford has ordered a total of 53,000 cloth masks from the designer menswear manufacturer, and has already received and distributed 6,000 masks. Approximately 3,500 were distributed to elderly and other at-risk groups, and 2,500 were distributed among first responders and other essential city employees.

On Tuesday morning, Joseph Abboud’s CEO Joe Bahena greeted Mayor Jon Mitchell and other officials at the City’s Emergency Management Office, to present the latest delivery of masks to the City. As of Tuesday morning, New Bedford has 17,000 masks on hand, and 30,000 more are to arrive in May.

The City is directing the masks to specific groups of residents that are especially vulnerable to the coronavirus, with plans to reach all residents and staff of nursing homes, long-term care facilities, senior living facilities, shelters, and New Bedford Housing Authority facilities. Over the coming weeks, masks will also be made available to staff and patients of the Greater New Bedford Community Health Center, the staff and clients of the Meals on Wheels program, and elderly clients of the Immigrants’ Assistance Center.

The Health Department and Police Department will work to promote employee mask-use at essential businesses, with special focus on local grocery stores and restaurants to help ensure compliance with recent Orders issued by the Mayor and Board of Health.

“Joseph Abboud is a leader in menswear, and I am grateful to Joe Bahena and the company as corporate citizens for nimbly retooling their operation to provide these protective masks to New Bedford’s residents and frontline workers,” said Mayor Jon Mitchell.

“We are proud to support New Bedford’s efforts to fight the coronavirus,” said Joe Bahena, CEO of Joseph Abboud Manufacturing Corporation.

Mayor Mitchell declared a state of emergency in New Bedford on March 13 due to the COVID-19 outbreak and has acted to enforce social distancing measures and protect residents. The City has since announced a range of measures to safeguard public health, including stringent public health requirements for nursing homes and senior living facilities. Earlier this month, the Mayor and Board of Health ordered that all essential businesses operating under the state’s essential businesses restrictions, such as food vendors and restaurants, must require employees who receive payment or serve customers to wear a surgical mask, or a cloth face covering that covers the nose and face, while performing their duties.




Governor Baker extends non-essential business closures in Massachusetts to May 18th

Today, the Baker-Polito Administration extended the essential services emergency order to May 18th and launched a Reopening Advisory Board that will produce a plan to the Governor by May 18th. The Administration also announced that the Department of Public Health’s Stay At Home Advisory remains in effect and gatherings of 10 or more people remain prohibited until May 18th.

Essential Services Order: Governor Charlie Baker’s emergency order requiring that all businesses and organizations that do not provide “COVID-19 Essential Services” close their physical workplaces and facilities to workers, customers and the public will be extended until May 18th. Businesses and organizations not on the list of essential services are encouraged to continue operations through remote means that do not require workers, customers, or the public to enter or appear at the brick-and-mortar premises closed by the order. This order also extends the existing ban on gatherings of more than 10 people until May 18th.

Stay at Home Advisory: Governor Charlie Baker announced that the Department of Public Health’s stay-at-home advisory will remain in effect. Residents are strongly urged to stay home and avoid unnecessary travel and other unnecessary person to person contact during this time period. Residents who are considered at high risk when exposed to COVID-19 should limit social interactions with other people as much as possible.

Executive Branch Employee Guidance: The Baker-Polito Administration today also extended the guidance issued to Executive Branch employees on protocol during the COVID-19 outbreak to ensure state government can continue to provide key services while protecting the health and safety of the public and the Executive Branch workforce. Under the guidance, all employees performing non-core functions who are able to work remotely should continue to do so until May 18th.

Reopening Advisory Board: Today, Governor Baker announced the formation of the Reopening Advisory Board, which will be Co-Chaired by Lt. Governor Karyn Polito and Housing and Economic Development Secretary Mike Kennealy. The Board brings public health officials together with leaders from the business community and municipal government from across the Commonwealth. This group is charged with advising the administration on strategies to reopen the economy in phases based on health and safety metrics. It will meet with key stakeholders and solicit input from a variety of constituencies over the next three weeks to develop a report by May 18th that will include DPH approved workplace safety standards, industry frameworks and customer protocols and guidelines, including enforcement mechanisms and coordination with municipal leaders. This report is due on the 18th, but the administration has made clear that public health data and guidance from health care experts will dictate the timeline of the re-opening process.

The 17-member Advisory Board is composed of three public health officials, including Department of Public Health Commissioner Dr. Monica Bharel, three municipal officials, and eleven leaders from the business community, including MassDOT Secretary and CEO Stephanie Pollack. Members of the Advisory Board bring a range of perspectives to the table, such as an understanding of workplaces and workforces and insights into key areas like financial markets, education, manufacturing and transportation.

Reopening Advisory Board Members:

· Aron Ain, CEO, Kronos Inc & Ultimate Software

· Carlo Zaffanella, Vice President and General Manager, Maritime & Strategic Systems, General Dynamics Mission Systems

· Corey Thomas, CEO, Rapid 7

· Daniel Rivera, Mayor, City of Lawrence

· Rochelle Walensky, MD, MPH, Massachusetts General Hospital

· Girish Navani, CEO and Co-Founder, eClinicalWorks

· Joe Bahena, Senior Vice President, Joseph Abboud Manufacturing

· Kathryn Burton, Chief of Staff, City of Boston

· Laurie Leshin, Ph.D., President, Worcester Polytechnic Institute

· Linda Markham, President, Cape Air

· Mark Keroack, President & CEO, Baystate Health

· Monica Bharel, Ph.D., Commissioner, Department of Public Health

· Nicole LaChapelle, Mayor, City of Easthampton

· Pamela Everhart, Head of Regional Public Affairs and Community Relations, Fidelity Investments

· Stephanie Pollack, Transportation Secretary and CEO

· Steve DiFillippo, CEO, Davios Restaurants

· Wendy Hudson, Owner, Nantucket Book Partners




New Bedford reports two more COVID-19 related deaths since Monday

Mayor Jon Mitchell’s office Tuesday reported 32 additional confirmed COVID-19 cases in New Bedford, bringing the total positive cases in the city to 535, up from 503 on Monday. Two more COVID-19 related deaths were also reported bringing the total to 15 in the city.

According to Mayor Coogan, there are 411 positive cases in Fall River, up 34 from Sunday. Full details here.

Sarah Rebello, who co-hosts a conservative radio show in Fall River, organized a rally at Government Center to express what she feels is an unconstitutional lockdown.

On April 27, the Massachusetts Public Health Department reported that the state added 1,590 more positive cases of COVID-19 bringing to total to 56,462. This is a decrease from Sunday 1,590 reported cases. Full details here.

The Supreme Judicial Court today issued an updated order, which will be effective May 4, 2020, regarding the operation of Massachusetts state courts and courthouses during the ongoing COVID-19 pandemic. Full details here.