12-31-2014 Massachusetts:
SALEM — The former chairwoman of the state's Sex Offender Registry Board, who was ousted in September, has fired back with a lawsuit accusing Gov. Deval Patrick of retaliating against her because of her position that his brother-in-law should have been required to register as a sex offender.
Saundra Edwards of Lawrence, a veteran sex crimes prosecutor, was hand-picked by Patrick to lead the agency in November 2007.
But seven years later, and with just months left in his term, Patrick told reporters he'd lost confidence in Edwards over several issues, in particular, her position on his brother-in-law's status as a sex offender. He also characterized Edwards' departure as a firing despite her having been allowed to submit a resignation.
Edwards and her attorneys say those "defamatory" statements, and her termination, were motivated by Patrick's "wrongful, personal interest in retaliating against and punishing" her for putting the interests of the public ahead of the interests of the governor's family.
The suit was filed Wednesday in Salem Superior Court by Edwards' attorneys, William Sheehan and Thomas Flannagan. In addition to naming Patrick as a defendant, it seeks damages from the state.
Sheehan was not immediately available for comment.
“The complaint is currently being reviewed by the governor’s legal counsel, and we will have no further comment given the pending litigation,” said Patrick spokeswoman Jesse Mermell.
By the time Edwards arrived at the Sex Offender Registry Board, the issue of what to do about the Bernard Sigh case was already a topic of concern within the Salem-based agency.
Sigh, who is married to Patrick's sister, pleaded guilty in 1993 to a charge of "spousal rape" in California, admitting to an "act of sexual intercourse with my wife against her will by means of force," Edwards' lawsuit says. Sigh served jail time and probation following the conviction, then moved to Massachusetts in 1995.
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Posted: Wednesday, December 31, 2014 5:12 pm
BY JULIE MANGANIS STAFF WRITER
The sex offender registry requirement took effect in 1996, but Sigh did not register. Then, in 2006, during Patrick's campaign for governor, the Boston Herald revealed Sigh's prior conviction and his failure to register.
As a result, according to the Edwards lawsuit, Sigh was notified in December 2006, of the registration requirement. He challenged it, arguing that spousal rape was not the same as rape.
According to the Edwards lawsuit, a board member named Shawn Jenkins was initially assigned to handle the Sigh matter. But "for reasons unknown to" Edwards (who was not yet at the agency), a hearing officer, A.J. Paglia, "took the extraordinary step of removing the case from ... Jenkins to conduct the hearing himself."
At the time, the suit says, the agency was awaiting a review by the Attorney General as to whether "spousal rape" could be considered an equivalent offense to rape in Massachusetts, and Paglia's supervisor advised him not to do anything more than rule on preliminary motions.
The suit says that "in direct contravention of his supervisor's order," Paglia began a hearing on Aug. 1, 2007. He also allegedly ignored an order not to issue a decision pending the outcome of the AG's review, and violated policy by issuing a verbal decision following the hearing, in which he concluded that "spousal rape" is more akin to the Massachusetts charge of indecent assault and battery and, as a result, Sigh did not have to register.
Approximately two months later, Edwards was appointed chairwoman of the sex offender board.
The suit said she was advised of the Sigh case and that it "was a problem due to the erroneous legal conversion by Paglia of spousal rape to indecent assault and battery."
The following May, Paglia requested a meeting with Edwards, during which, the suit says, he raised the matter of the Sigh case. She said she discussed the elements of the crime of rape with Paglia, who is not an attorney, and told him, "rape is rape" and that his legal conclusion in the Sigh case was wrong.
Later that day Edwards spoke with the agency's general counsel and the Executive Office of Public Safety about the Sigh matter, then decided that a written decision would be issued and that an emergency regulation would be enacted so that a hearing officer's errors of law could be corrected in future cases, the suit says.
She also required that all staff, including Paglia, undergo training in conducting hearings and on the elements of Massachusetts sex crimes.
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Posted: Wednesday, December 31, 2014 5:12 pm
BY JULIE MANGANIS STAFF WRITER
According to the suit, Paglia, rather than complete the training, resigned and sued her and the agency, claiming that he had been subject to retaliation as a whistleblower. That suit was settled for a reported $60,000 in July.
"During her entire tenure at the SORB, (Edwards) received excellent reviews from her supervisors and was applauded for her accomplishments and productive changes and initiatives she introduced to the agency," the lawsuit says.
But on the evening of Sept. 15, she was told to attend a meeting the following morning with several top public safety officials and Kendra Foley, the governor's director of boards and commissions.
Edwards's suit says she was taken to an office, where she met with Foley; the governor's lawyer, Pat Moore, and a human resources person from the Office of Public Safety.
She says in the suit that Foley told her "As you know, you serve at the governor's pleasure. He has decided to replace you as chairperson of the Sex Offender Registry Board."
Edwards says that when she asked if there was a problem or if she had done anything wrong, "Ms. Foley admitted that the plaintiff had done nothing wrong, but reiterated that the plaintiff's employment was terminated."
In hopes of avoiding the "stigma of being terminated from a highly visible public position," Edwards asked if she could instead resign, the suit says. Public Safety undersecretary Sandra McCroom told her that if she submitted a resignation letter that day, it would be accepted, the suit says.
Nearly a week later, after returning from an overseas trip, Patrick was confronted by reporters about the sudden departures of Edwards and her executive director, Jeanne Holmes.
"Patrick, falsely and maliciously, told the press he had fired the plaintiff because she had interfered with a quasi-judicial officer's performance of his duties," the suit alleges.
The suit quotes Patrick's comments to reporters, including a statement that the "final straw" was the settlement of the Paglia lawsuit, and that it "involved some inappropriate, at least, maybe unlawful, pressuring by the chair and the executive director of a hearing officer to change the outcome of a case."
The governor also again expressed his anger at the disclosures about his brother-in-law and sister back in 2006 to reporters, saying, "the Republican Party, sorry to say, aided by the Herald, nearly destroyed their lives."
The suit seeks unspecified damages, including lost salary and other compensation to be determined by a jury. ..Source.. by Julie Manganis
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