Chris Lisinski
State House News Service

Democrats had the edge among voters in each of four hypothetical gubernatorial matchups floated in a new poll. Emerson College Polling surveyed 848 registered voters between May 2 and May 4 and asked about possible face-offs between the top two candidates on either side: Democrats Attorney General Maura Healey and Sen. Sonia Chang-Díaz, and Republicans former Rep. Geoff Diehl and businessman Chris Doughty.

If voters polled had to choose between Healey and Diehl, each of whom is leading their respective primary in the polls, 59 percent said they would pick Healey and 31 percent said they would back Diehl. Against Doughty, Healey still maintained a lead with 54 percent compared to his 31 percent. Voters were more likely to back Chang-Díaz over a Republican, but with lower levels of support than Healey: in a Chang-Díaz-Diehl race, about 46 percent of those polled backed the Democrat and 32 percent backed the Republican, while Chang-Díaz led Doughty nearly 41 percent to 33 percent.

By Michael P. Norton
State House News Service

With formal sessions winding down for the year, police in Massachusetts are trying to draw attention to what they see as “stalled” bills that would provide state death benefits to first responders who die due to COVID-19 transmission that occurred in the line of duty.

The Violently Injured Police Officers Organization (VIPO) and the New England Chapter of Concerns of Police Survivors are calling on Massachusetts to join states like Michigan, Missouri and Ohio that have approved similar bills. In Massachusetts, the bills haven’t progressed beyond the committee level. Citing the Officer Down Memorial Page as their source, the two groups said that at least 760 law enforcement officers nationwide have died of COVID-19 exposure in the line of duty since 2020, including seven in Massachusetts.

“A couple of them have already received federal death benefits, but have yet to receive any state benefits because the Commonwealth of Massachusetts hasn’t done anything to pass legislation support these families,” VIPO cofounder Mario Oliveira, a retired Somerville detective, said. The Public Service Committee in July heard Sen. Michael Moore’s line of duty death benefits bill and rolled it into another bill (H 2650), which is before the House Ways and Means Committee. Another bill (S 1727) would grant benefits to the family of Rutland Police Detective John Songy, who died in May 2020.

“In a few weeks, it will be the second anniversary of Detective John Songy’s death, and his widow, Joanne Songy, is still waiting for state support and benefits,” Oliveira said. “Joanne is working three jobs to make ends meet and to make her mortgage and car payments and other bills that are due.”

The House gave initial approval to the Songy bill in March. It’s now before the House Committee on Bills in Third Reading, chaired by Rep. Denise Garlick. The groups are appealing for lawmakers to act on the bills this week, which is National Police Week, a designation approved by Congress in 1962.

Matt Murphy
State House News Service

Gov. Charlie Baker says he’s open to the idea of a law to protect reproductive health providers who offer abortion services to patients from states where abortion is or may become illegal from legal liability. Baker’s comments come in response to this week’s bombshell leak of a Supreme Court draft opinion that would overturn Roe v. Wade and leave abortion laws up to individual states.

NBC reports that abortion would immediately become illegal in at least 23 states, 13 of which have trigger laws that would take effect once Roe is overturned. While Massachusetts lawmakers have written the right to an abortion into state law, some advocates have said this week that more could be done by the Legislature in the event that the state becomes a sanctuary for women seeking reproductive health services from states where abortion is illegal.

“I try not to get too far ahead of the process for a lot of reasons. I got burned on that, as you know, early on. But I am absolutely open to discussing protections if we need to pursue some because obviously I and others here are very concerned about what this means, not so much for people in Massachusetts but for people in other states, so I’m up for that conversation,” Baker said.

Even before the Supreme Court draft opinion became public, the Connecticut Senate this week passed a bill, which Gov. Ned Lamont has promised to sign, designed to extend protections to shield patients and providers from civil and criminal lawsuits brought in other jurisdictions where abortion has been restricted. The Connecticut bill was designed in response to a new Texas law restricting access to abortion.

In April Massachusetts Department of Revenue tax collectors hauled in more than $2 billion more than what was expected during the month, giving Gov. Charlie Baker cause to press his case for the Legislature to take up his proposals to provide roughly $700 million in tax relief to residents.

Collections last month added up to $6.941 billion, $3.076 billion or nearly 80 percent more than what was collected in April 2021 and $2.057 billion or just over 42 percent more than DOR’s own monthly benchmark.

Baker said it troubles him, for instance, that the threshold to pay income taxes is lower at the federal level than it is in Massachusetts. Part of his plan would exempt more low-income households from state income tax liability.

Baker also said that Massachusetts has “never been more protected against a downturn than we are right now,” with a “rainy day” fund that could potentially top $6 billion by the end of this fiscal year, with more expected to be deposited into reserves through the fiscal year 2023 budget under consideration.

Baker proposed a series of estate, capital gains, rent and senior property tax reforms that the Legislature has neither ruled in or out, but legislative Democrats have focused on investing and saving over-budget revenues and repeatedly rejected attempts to suspend the state’s gas tax during a period of high fuel prices and surging tax revenues.

In spite of this five South Coast Massachusetts representatives, Rep. Tony Cabral (D-New Bedford), Rep. Chris Hendricks (D-New Bedford), Rep. Carole Fiola (D-Fall River), Rep. Paul Schmid (D-Westport), and Rep. Bill Straus (D-Mattapoisett) all voted against amendments to provide tax relief to Commonwealth taxpayers.

Rep. Alan Silvia (D-Fall River) supported amendments to the House budget proposal that would have given tax breaks to renters and seniors and suspended the Commonwealth’s 24 cents per gallon gas tax, something Sen. Mark Montigny (D-New Bedford) also supports.

Katie Lannan
State House News Service

Starting one year from Tuesday, the standard Massachusetts driver’s license will no longer be accepted as an ID valid for boarding domestic flights or entering certain federal buildings. The Registry of Motor Vehicles issued a reminder that effective May 3, 2023, domestic travelers will need a Real ID-compliant driver’s license or identification card, or a valid passport to comply with federal identification requirements, and encouraged people seeking a Real ID to make their RMV appointments before that date. Full enforcement of the Real ID law, passed in 2005 and envisioned then as an anti-terrorism measure, was set for 2021 but pushed back by federal officials because of pandemic’s impact on states’ licensing operations.

Applicants for Real IDs must produce several original or certified documents — two proofs of Massachusetts residency, one showing proof of a full Social Security Number, and proof of lawful presence in the U.S., like a passport or birth certificate. A list of acceptable documents is available on the state’s website. The RMV said Massachusetts currently stands at 41 percent Real ID-adoption, with more than 2.3 million compliant credentials issued. Real ID appointments can be scheduled by visiting the RMV’s Online Service Center, and AAA members can also make appointments at AAA locations.

“Customers are encouraged to take time now to check the expiration date on their Massachusetts driver’s licenses or identification cards, and if seeking a REAL ID, plan ahead and be prepared by having available all of the required documentation needed to secure this credential,” Registrar of Motor Vehicles Colleen Ogilvie said in a statement.

Michael P. Norton
State House News Service

Gas prices in Massachusetts crept higher in recent days as the wait continues for some kind of tax relief plan from the state Legislature. House and Senate Democrats have nixed gas tax relief proposals but have continued to suggest that tax relief of some sort may be in the cards this spring as the state continues to bask in revenue surpluses.

AAA Massachusetts on Monday said that the average price of a gallon of gas rose 8 cents over the last week, to hit $4.21 per gallon. It’s one cent higher than a month ago and up $1.42 a gallon over this time last year. The automobile organization blamed high crude oil prices and tight supplies.

“As long as the supply remains tight, it will be hard for crude oil prices to fall and consumers will in turn face higher prices at the pump,” AAA’s Mary Maguire said. “It now costs drivers in the U.S. about $23 more to fill up than a year ago.”

Remote work has trimmed driving expenses for some people while other motorists and businesses who must use their vehicles have had to dig deeper to keep up with their fixed costs. As warmer weather moves in, higher gas prices will become a consideration for anyone contemplating local or regional day trips or weekends away. As gas prices and inflation cut into household budgets, Gov. Charlie Baker has argued the state can afford a multi-faceted $700 million tax relief proposal. Legislative Democrats have so far turned the governor down but suggested they remain open to unspecified tax relief ideas, including those to help lower income residents.

Colonel Christopher S. Mason, Superintendent of the Massachusetts State Police, announced that a “Sobriety Checkpoint” will be implemented by the Massachusetts State Police on a Public Way in Bristol County between Saturday, April 16, 2022 into Sunday, April 17, 2022.

The purpose is to further educate the motoring public and strengthen the public’s awareness to the need of detecting and removing those motorists who operate under the influence of alcohol and/or drugs from our roadways. It will be operated during varied hours, the selection of vehicles will not be arbitrary, safety will be assured, and any inconveniences to motorists will be minimized with advance notice to reduce fear and anxiety.

By Chris Van Buskirk
State House News Service

A new voter education campaign from ACLU Massachusetts aims to boost awareness around the role of county sheriffs after a poll commissioned by the organization found a vast majority of Bay Staters are not familiar with the elected position.

The poll of 970 registered voters from Beacon Research shows 83 percent of people surveyed answered incorrectly when asked whether they could name their county sheriff.

“Information is power in the hands of voters and between now and the fall elections, we’re putting new information into the voters’ hands about another important player in the criminal legal system,” ACLU Massachusetts Executive Director Carol Rose said during a Wednesday morning press conference.

The “Know Your Sheriff” campaign, launched Wednesday alongside a video highlighting the roles sheriffs play in the state, will feature a social media push, materials posted to the ACLU website, and partnerships with local organizations.

“We’re going to have convenings, educational convenings, talks, possibly candidate debates,” said Javier Luengo-Garrido, a strategist with ACLU Massachusetts. “This is going to be a campaign that we’re going to lead and people are going to really understand what a sheriff does.”

The poll ranks how many people in a particular county knew who served as their sheriff. Bristol County Sheriff Thomas Hodgson was the most recognized, with 53 percent of those surveyed in his county responding that they know him. At the other end of the spectrum, only 6 percent of Suffolk County respondents could correctly name Steven Tompkins as their sheriff.

Statewide, 17 percent of participants could correctly name their sheriff, 41 percent didn’t know sheriff was an elected position, and only 10 percent of respondents knew the correct term length of six years.

County government in Massachusetts does not play as large a role in local governing as it does in other, larger states. But county sheriffs wield a significant amount of power when it comes to jails, houses of correction, prisoner management, and reentry programs.

There are 14 in Massachusetts, one for each county. In 2016, every single incumbent sheriff won reelection and only four faced challengers. ACLU Massachusetts Field Director Laura Rótolo said over half a million people went to the polls in 2016 but did not vote for a candidate for sheriff.

“The decisions that sheriffs make every day impact a community even more broadly. So for example, the health of those inside jails affects community health broadly,” Rótolo said. “At the same time, some sheriffs have gone out of their way to volunteer their own resources to help federal deportation efforts.”

The Beacon Research survey also found that residents are more likely to vote for a sheriff after learning about them — from an initial 45 percent likelihood to 71 percent after receiving information.

ACLU Massachusetts conducted a similar voter education campaign four years ago called “What a Difference a DA Makes.” That campaign, Rose said, showed that people largely did not know the role district attorneys play in the legal system. When voters did learn, they were more likely to vote for a preferred candidate, she said.

In the 2018 primary election, Rose said, there was a 16 percent increase in ballots for DA cast in Middlesex County compared to 2016, a 35 percent increase in ballots cast for DA in Suffolk County, and a 123 percent increase in ballots cast for DA in Berkshire County.

“When voters are given a real choice on the ballot, and given information that they need about candidates’ records and positions, they will show up at the polls on Election Day and vote their values,” Rose said.

The U.S. Attorney’s Office for the District of Massachusetts and the Department of Justice’s Civil Rights Division today filed a complaint and a proposed consent decree with the City of Springfield, Massachusetts to resolve its investigation of the Springfield Police Department’s Narcotics Bureau. This is the first pattern or practice police investigation to be resolved through a settlement under the Biden Administration.

The Settlement Agreement, in the form of a proposed consent decree, which must be approved by a Federal District Court Judge, would resolve the United States’ claim that the City and the Narcotics Bureau of the Springfield Police Department engaged in a pattern or practice of excessive force that deprived individuals of their rights under the Fourth Amendment to the U.S. Constitution.

Under the Agreement, the Springfield Police Department will improve policies and training related to officers’ use of force. These improvements will ensure that officers avoid force whenever possible through the use of de-escalation tactics; that officers know when force can and cannot be used; and that officers report all instances where force is used. In addition, the Springfield Police Department will provide better supervision to officers and improve internal investigations of complaints of officer misconduct. When officers violate use-of-force policies, the decree will ensure that the Springfield Police Department holds officers accountable.

The Agreement also provides for the federal judge to appoint an independent monitor, with the title of Compliance Evaluator, based on the recommendation of the parties. The Compliance Evaluator will assess Springfield’s implementation of the decree’s requirements and file public reports with the court on Springfield’s progress.

“When communities don’t trust or fear law enforcement, it undermines public safety. Some within the Springfield Police Department, through their sustained and documented constitutional violations, have tarnished the name of the many upstanding and decent police officers working in Springfield,” said U.S. Attorney Rachael Rollins for the District of Massachusetts. “Today is the first step in repairing the harm and mistrust their misconduct and violence caused. After lengthy negotiations, we are pleased to have reached an agreement that includes significant and sustainable reforms to ensure effective and constitutional policing going forward in the City of Springfield. This is the first police misconduct Settlement Agreement entered during the Biden Administration. Our U.S. Attorney’s Office will always protect the constitutional rights of Massachusetts residents.”

“The public’s trust in law enforcement is a critical component of promoting public safety. Excessive force erodes that trust and makes our communities less safe,” said Assistant Attorney General Kristen Clarke for the Justice Department’s Civil Rights Division. “This consent decree will rebuild the public’s trust by ensuring that Springfield officers who use excessive force in violation of the Fourth Amendment are held accountable. We look forward to working with city officials to ensure constitutional policing in every corner of the Springfield community and fostering better relationships between law enforcement and the community.”

The Civil Rights Division and the U.S. Attorney’s Office for the District of Massachusetts initiated the investigation of the Springfield Police Department in April 2018 under the Violent Crime Control and Law Enforcement Act of 1994, 34 U.S.C. § 12601. This law authorizes the Attorney General to file a lawsuit to address a pattern or practice of conduct by law enforcement officers that deprives individuals of their rights under the Constitution or federal law. In July 2020, the department announced findings that officers in SPD’s Narcotics Bureau, which has since been renamed the Firearms Investigation Unit, engaged in a pattern or practice of excessive force. The department found that Narcotics Bureau officers often failed to report use of force incidents. At times officers’ reports were inconsistent with available evidence, including video and photographs.

The investigation was conducted jointly by the Civil Rights Unit of the U.S. Attorney’s Office for the District of Massachusetts and the Civil Rights Division’s Special Litigation Section. This matter is being handled by Jennifer A. Serafyn, Chief of Rollins’s Civil Rights Unit.

For more information on the U.S. Attorney’s Office’s Civil Rights Unit, please visit www.justice.gov/usao-ma/civil-rights. Additional information about the Civil Rights Division of the Justice Department is available on its website at www.justice.gov/crt.

By Chris Lisinski
State House News Service

Thomas Koonce, one of two men who received the Bay State’s first commutations for murder in a quarter-century, will soon depart prison after 31 years behind bars.

The Parole Board on Tuesday voted unanimously to award parole to Koonce, a decision that will allow him to return to the community, with some conditions in place, nearly three decades after a Bristol County jury sentenced him to life in prison without parole for murdering Mark Santos.

In its decision, the board said Koonce has “taken responsibility for the death of Mr. Santos and has spent his incarceration working towards his rehabilitation,” describing him as “remorseful and empathetic towards the Santos family and the community.”

“He has had an excellent adjustment and has taken extraordinary steps to improve himself and the lives of other incarcerated individuals including initiating Restorative Justice and continuing involvement in the Second Thoughts Program,” the board, which is chaired by Gloriann Moroney, wrote. “He has been a mentor and facilitator to many in the incarcerated population. Mr. Koonce’s self-development has also included achieving a bachelor’s degree and vocational skills. Much of his rehabilitative work occurred prior to any opportunity for parole.”

When he leaves MCI-Norfolk, Koonce will be required to go to the Criminal Resources for Justice program at Boston’s Brooke House, a transitional residential home for men departing incarceration, for four months as a condition of his parole.

He will then be released to an approved family-sponsored or independent living home plan, where he will be subject to electronic monitoring, supervised to ensure he abstains from drugs and alcohol, expected to comply with a substance abuse evaluation plan, and required to remain home between 10 p.m. and 6 a.m.

Koonce will not be permitted to have any contact with the victim’s family, which has previously opposed his push for release. He must also participate in counseling to help him adjust to life outside prison.

In 1987, during an altercation between groups of people from New Bedford and Brockton, Koonce fired a gun out of a vehicle window, striking and killing the 24-year-old Santos.

Koonce, a U.S. Marine veteran, rejected a proposed deal with prosecutors to plead guilty to manslaughter, which would have carried a maximum sentence of 10 years in prison. A Bristol Superior Court in 1992 sentenced him to first-degree murder and life in prison without parole.

At his commutation hearing in January, Koonce, now 55, opened his remarks by apologizing to the Santos family, saying he knows their lives “will never be the same.”

“I take full responsibility for taking his life,” Koonce said of Santos. “My life will be forever dedicated to giving back to society.”

The Santos family unsuccessfully urged the Governor’s Council to reject a push to reduce Koonce’s sentence, likening their suffering in the wake of Mark’s murder to a life sentence.

“If Koonce’s sentence is shortened, what board should we go to for our sentence reduction?” the Santos parents wrote to the panel. “Our family is asking your honor not to renege on a promise the state of Massachusetts made to our family in 1992. It was the promise of life in prison without a chance at parole that ensured our family that we deserved justice for our loved one.”

Koonce became eligible to seek release on parole after earning support for a commutation bid he launched in 2014. Following the Parole Board’s recommendation, Gov. Charlie Baker in January announced he wanted to reduce the sentences of Koonce and 48-year-old William Allen to second-degree murder, which would allow them to petition for parole.

The Governor’s Council on Feb. 16 unanimously approved both commutation petitions, representing the first time since 1997 that the elected panel commuted a first-degree murder sentence and only the second time in the past 25 years that it awarded any commutation at all.

“I just want to be clear that I think that both of these men should have been convicted,” Councilor Terry Kennedy of Lynnfield said at the time of the commutation vote. “They both committed very, very serious crimes and young men died as a result of their actions. … It doesn’t mean that they’re innocent of what they did. And they’ve paid a very high price for what they did. But I think they’ve both paid enough.”