Category — James Fagan

Criminal defense lawyer turned MA State Representative James Fagan’s comments on Jessica’s Law aren’t surprising. Criminal defense attorneys don’t have souls, right?

“Let me tell you why it’s so wrong,” said Fagan (D-Taunton). “It’s so wrong because in these situations . . . that 6-year-old is going to sit in front of me, or somebody far worse than me and I’m going to rip them apart. I’m going to make sure that the rest of their life is ruined. That when they’re 8 years old they throw up; when they’re 12 years old, they won’t sleep. When they’re 19 years old they’ll have nightmares and they’ll never have a relationship with anybody. And that’s not because I’m a nice guy. That’s because when you’re in court, and you’re defending somebody’s liberty, and you’re facing a mandatory sentence of those draconian proportions, you have to do every single thing you can do on behalf of your client. That is your obligation as a trial lawyer.”

Fagan, who opposed Melanie’s Law, also criticized laws named in honor of victims, calling such measures “knee-jerk” legislation.

First, I would not hire Fagan as an attorney. Anyone who thinks he’d earn points with a jury by tearing into a 6 year old on the stand isn’t much of an attorney. I doubt even a Cambridge jury would take kindly to that tactic.

Second, 20 years doesn’t seem “draconian” when measured against the life sentence that the victim got from the perpetrator.  But again, you have to have a soul to consider the victim’s travails.

Next, whenever these laws are considered, emotions run high. Normal people–read not criminal defense attorneys and judges–empathize with the victim and family. However, I strongly disagree with the notion that these laws are a “knee-jerk”, emotional reactions.

Mandatory minimums is the logical response to bleeding heart judges whose first inclination is sympathy for the offenders. If MA judges had the good sense to take child rapists off the streets, we wouldn’t even be talking about mandatory minimums. But instead of protecting children, far too many judges slap these highly dangerous criminals on the wrists.

If Representative Fagan is worried about the damage of cross-examination, he should work on reforming the way judges are selected, disciplined, and retained. Until the judicial process experiences some massive reform, mandatory minimums is the only option that the people have to defend themselves against judges who refuse to defend us and our children.