Jurists Defend Mass. Judge in Murder Case
There is a growing groundswell of support by colleagues for a Massachusetts judge who has become a target for national election-year political criticism after agreeing to release a convicted killer who allegedly then murdered two newlyweds in Washington state. Although the anguish of survivors of the two claimed victims of ex-con Daniel Tavares is understandable, criticism of the judge, sparked by former Massachusetts governor and presidential candidate Mitt Romney, is unfounded and unfair, other jurists throughout the country say.
Among them: two top justices of the Massachusetts Supreme Court, who say that Judge Kathe Tuttman—who, ironically, was appointed to the bench by Romney himself—was just doing her job, reports the Boston Globe. Romney is now calling for Tuttman to resign because of her decision to release Tavares, who had served a 16-year sentence for murdering his mother, on personal recognizance on new charges that that he had allegedly attacked prison guards.
“In the absence of any evidence that her decision was not in accordance with law, or based on a fair consideration of the facts presented to her, the public vilification of a conscientious and hardworking judge should have no place in our society,” says a written statement from Supreme Judicial Court Chief Justice Margaret Marshall and Robert Mulligan, the chief justice of administration and management.
Similarly, an editorial in the Seattle Times today that was written by two judges from the Midwest points out that Tuttman, a former prosecutor, couldn’t consider evidence that wasn’t presented.
“News reports have indicated that she heard a presentation by the parties, and that the state’s attorney opted not to have a hearing at which evidence of the dangerousness of Tavares could have been presented,” explains the editorial. It was written by Steve Leben, a Kansas Court of Appeals judge in Topeka and a past president of the American Judges Association, and Kevin S. Burke, a Minnesota judge who sits in Minneapolis.
“Massachusetts law gave her a set of factors to consider, and she appears to have considered them,” the two men write. “That is the job of a judge.”
Boston Herald: “Prison chief probes assault charges against Daniel Tavares.”
Los Angeles Times: “The fateful prison release of ‘pure evilness’.”
The Eagle-Tribune (North Andover, Mass.): “Chief justice says Andover judge can’t talk about Tavares case.”
The Eagle-Tribune: “Our view: Tavares killings highlight system’s flaws.”
Boston Herald: “When judges judge themselves, it’s hard to get a clear explanation of law, order.”
