Rachael Rollins taking a ‘hard look’ at decline-to-prosecute list
By Alexi Cohan and Marie Szaniszlo
Boston Herald
January 3, 2019
Newly inaugurated Suffolk District Attorney Rachael Rollins is tapping the brakes on her list of 15 crimes she won’t prosecute, saying she is taking a “long and hard” look at the list first.
Rollins, addressing her controversial list after being sworn in at Roxbury Community College on Wednesday, said she wants “everything to be a case-by-case basis.” She said feedback from the community and police was key.
“We’re going to be looking long and hard at this list, I am very clear that we will be holding people accountable but jail is going to be the last option with respect to those 15,” Rollins said. The list includes crimes from shoplifting and trespassing to drug possession, resisting arrest and larceny under $250.
The list is now causing less of a stir with officials, with Boston police Commissioner William Gross saying he was not concerned — “Nope, not at all,” he said.
Chelsea police Chief Brian Kyes said he is “optimistic” about working with Rollins, but remains concerned about anything relating to drug dealing.
“There was some issues that were originally issues with drugs … of course as a law enforcement officer, I have a concern and I will continue to have concern with a lack of prosecution with people selling drugs,” said Kyes, who added he plans to meet and work with Rollins frequently.
Rollins — who stressed her focus will be making “neighborhoods safe” — was joined Wednesday by members of her staff and family along with Mayor Martin J. Walsh, Gov. Charlie Baker and Sen. Edward J. Markey, who all expressed their support.
“If you talk to her about her list it really goes back to people who are addicted, people who are sick and is that the proper thing to do to put them in prison or get them help, and I think that’s a lot of what myself and Rachael have talked about,” said Walsh.
But Jon Hurst, president of the Retailers Association of Massachusetts, still isn’t sold on Rollins’ policy, especially shoplifters.
“We can’t just catch and release those that are repeat offenders and allow them to steal from honest consumers,” said Hurst.
Residents and shop owners at Grove Hall in Roxbury, meanwhile, weighed in on their new district attorney. Ruhi Rahman, a Northeastern University student from Roxbury, said the no-prosecute list is a “good idea.”
“Minorities are targeted for those (low-level) crimes. It’s just part of the larger problem that results in people being absent from family, which affects how kids growing up with absent family members perform in school. There’s probably better ways to target low-level offenses than prison sentences,” said Rahman.
But Mohamed Kaba, manager of Matam Home Decor in Dorchester, was against Rollins’ progressive ideas.
“If you steal something $100 in value, you should go to jail. It’s a crime, something that does not belong to you,” he said. “If everyday people come and steal something and a business does not make enough profit, it will have to close. It’s tough these days.”
EDITOR’S NOTE: Here from her website is the list of charges Rachael Rollins will not prosecute (unless supervisor permission is obtained):
Trespassing
Shoplifting (including offenses that are essentially shoplifting but charged as larceny)
Larceny under $250
Disorderly conduct
Disturbing the peace
Receiving stolen property
Minor driving offenses, including operating with a suspend or revoked license
Breaking and entering — where it is into a vacant property or where it is for the purpose of sleeping or seeking refuge from the cold and there is no actual damage to property
Wanton or malicious destruction of property
Threats – excluding domestic violence
Minor in possession of alcohol
Drug possession
Drug possession with intent to distribute
A stand alone resisting arrest charge, i.e. cases where a person is charged with resisting arrest and that is the only charge
A resisting arrest charge combined with only charges that all fall under the list of charges to decline to prosecute, e.g. resisting arrest charge combined only with a trespassing charge
Instead of prosecuting, these cases should be (1) outright dismissed prior to arraignment or (2) where appropriate, diverted and treated as a civil infraction for which community service is satisfactory, restitution is satisfactory or engagement with appropriate community-based no-cost programming, job training or schooling is satisfactory. In the exceptional circumstances where prosecution of one of these charges is warranted, the line DA must first seek permission from his or her supervisor. If necessary, arraignment will be continued to allow for consultation with supervisor. Thus, there will be an avenue for prosecuting these misdemeanors when necessary but it will be appropriately overseen by experienced prosecutors.
Note: this is essentially already happening for drug possession cases in Roxbury and Dorchester District Court.
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