On December 8, 2016, the Springfield Republican ran an article entitled, “Defense Attorney: Video Disputes Springfield Police Report on Drug Suspect’s Arrest.” In response to the article, Deputy Chief Counsel Randy Gioia wrote a Letter to the Editor a few days later. The Springfield Republican posted the Letter to the Editor on February 2, 2017, and will be running it in the print edition sometime in the next few weeks. Below is Chief Deputy Counsel Gioia’s letter:
Public defenders offer valuable checks on legal system (Letters)
Police officers have the honor and privilege of enforcing the law. With that privilege comes the responsibility to model the behavior they expect others to follow. If police officers brazenly violate the law, they cannot expect others to respect the law or the police officers charged with enforcing it. Public defenders, on the other hand, have the honor and privilege of defending people accused of crimes. With that privilege comes the responsibility to independently check facts alleged by police officers.
Your detailed story about the June 9, 2016 arrest of a Springfield resident, Defense Attorney: Video Disputes Springfield Police Report on Drug Suspect’s Arrest, is a perfect example of the value to society of strong public defenders. In this case, diligent work by public defender, Michael Gillingham, and his investigator, Michael Balcom, uncovered a surveillance video that contradicted what the police had written in their report. Although police officers knew about the surveillance video and apparently had a copy of it, they did not mention it in their police report. The video was discovered because a public defender followed his obligation to check the facts and sent his investigator to the convenience store to interview witnesses to the arrest.
On its website, the Springfield Police Department states it “is committed to providing the highest quality of police services by empowering our members and the community to work in partnership with the goal of improving the quality of life within Springfield, Massachusetts, while at the same time maintaining respect for individual rights and human dignity.” A partnership with the community and respect for the law cannot exist if police officers falsify reports and withhold important evidence. If the Springfield Police Department wants the respect of the community, it must demonstrate that the Department is committed to its own core values.
Randy Gioia, Deputy Chief Counsel, Public Defender Division,
Committee for Public Counsel Services