More Attorneys Come To Salem Judge's Defense

SALEM, MA -- As a crowd of about 200 people gathered outside Salem Superior Court Thursday to call for the impeachment of Salem Superior Court Judge Timothy Feeley, others in the legal system were coming to the judge's defense. The rally was organized by conservative WRKO talk show host Jeff Kuhner and held in support of a bill by Republican lawmakers calling for Feeley's impeachment. But some lawyers say the judge is being unfairly attacked by people cherry-picking a handful of cases from his decade on the bench.

"Do you know how many criminal cases a judge hears in a day? Do you know how many criminal cases Judge Feeley has heard in his career, which is now approaching 10 years?" Marblehead attorney Richard Whitehill wrote in response to a Patch article that looked at six cases where Feeley's decisions were questioned. "Imagine if someone looked at what you've done the past 10 years, and, finding six things they disagreed with, suggested you be fired from your job."

On Wednesday, the Massachusetts Association of Criminal Defense Lawyers issued a statement opposing the bill by lawmakers to impeach Feeley. The politicization of the appointment process, the group said, would have a chilling effect on judicial decision making. "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," the group said.

The scrutiny of Feeley started last week when the Salem News reported that he rejected a prosecutor's requestfor a one- to three-year sentence for Manuel Soto-Vittini, 32, of Peabody, who had plead guilty to a charge of drug possession with intent to distribute. The newspaper reported that during sentencing, Feeley said Soto-Vittini was trying to support his family and that a jail sentence could impact his immigration status, noting that "this was basically a money crime."

But MACDL said press accounts of the sentencing make it appear as if Feeley was condoning the crime because the money from drug sales was being used to support the defendant's family. In reality, Feeley was referring to Soto-Vittini's employment record.

"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," MACDL 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."

Feeley has also been criticized for being one of two Massachusetts judges who reduced the bail of 29-year-old John Williams after Massachusetts State Police arrested him on firearms and other charges in March. In April, Williams allegedly shot and killed a sheriff's deputy in Maine while out on bail.

Lawyers, however, were quick to point out that bail is not meant to be punitive and is only set to make sure someone will appear for their next court appearance. A variety of factors are considered by judges when they set bail, including a person's ability to pay and their flight risk. Prosecutors can also request a dangerousness hearing to have bail revoked if they believe a person is likely to commit another crime if they are released before trial.

"The prosecution can ask the court for no bail, or can ask for a dangerousness hearing, if they feel the defendant is a risk to the public and should not be let out. The prosecution didn't do either in the Williams case," Whitehill said in his email. "It was up to the prosecution to see that Williams not be released. NOT THE JUDGE."

Eva Jellison, an attorney with the criminal defense firm Wood & Nathanson LLP, said in an email to Patch that Feeley "is a good judge" and was often following state-mandated guidelines when making decisions.

Articles on Feeley are "fueling the fire for an outrageous attack against him for making appropriate and lawful discretionary decisions. You say that these are controversial decisions. Did you mean to say decisions that the district attorney's office did not agree with?" Jellison wrote. "Good judges follow the rules when it's not politically popular."

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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).