Defense Lawyers Don't Want Salem Judge Feeley Impeached

SALEM, MA -- A Salem Superior Court Judge under fire for his reputation for being lenient with defendants in criminal defense cases got backing from a group representing defense lawyers in Massachusetts. The Massachusetts Association of Criminal Defense Lawyers issued a press release Wednesday condemning a bill by Republican lawmakers to impeach Timothy Feeley.

"Any suggestion that Judge Feeley is pro-defense is propaganda. Judge Feeley is a former federal prosecutor who spent much of his career prosecuting drug traffickers, members of organized crime, and gun traffickers," MACDL said. "He is a thoughtful jurist who looks at the cases before him without favor or prejudice to any side. He is respected by both lawyers and judges for his intellect and equitable application of the law."

Last week Representatives Jim Lyons (R-Andover), Shaunna O'Connell (R-Taunton), Geoff Diehl (R-Whitman), Kevin Kuros (R-Uxbridge), David DeCoste (R-Norwell), and Nick Boldyga (R-Southwick) filed the bill, which came days after Feeley refused to impose a one- to three-year prison sentence on Manuel Soto-Vittini, 32, of Peabody. Feeley said Soto-Vittini didn't deserve jail time after pleading guilty to a charge of drug possession with intent to distribute. Soto-Vittini was arrested by Salem Police three years ago with half an ounce of heroin hidden in a secret compartment in his car.

MACDL noted that similar sentences are often imposed in cases at the District Court level. The statement also noted that Feeley had refused a defense request to dismiss the case

"The press mischaracterized Judge Feeley’s comments that Mr. Soto-Vittini committed the crime to financially support his children rather than to support an addiction," the statement said. "Instead, Judge Feeley was properly focused on Mr. Soto-Vittini’s work history, his high potential to remain drug and crime-free, and his future as a productive member of society."

It was only the most recent in a string of decisions that have put Feeley, an appointee of former Gov. Deval Patrick, under scrutiny. Most notably, Feeley was one of two judges who reduced bail for 29-year-old John Williams after Massachusetts State Police arrested him on firearms and other charges. Feeley reduced his bail to $5,000 in March. In April, Williams allegedly shot and killed a sheriff's deputy in Maine while out on bail.

"MACDL fundamentally disagrees with the idea that judges should be subject to impeachment based on their exercise of discretion within the bounds allowed by law," MACDL said. "Threats of impeachment will have a chilling effect on all judges, prompting harsher sentences even as the Massachusetts legislature has passed criminal justice reform intended to reduce the unnecessary and expensive incarceration of mostly African-American and Latino men that has torn apart families and had drastic consequences on our society."

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Patch file photo.

Dave Copeland can be reached at dave.copeland@patch.com or by calling 617-433-7851. Follow him on Twitter (@CopeWrites) and Facebook (/copewrites).