Apr. 22, 2010: Ben LaGuer's latest parole hearing

>> TONIGHT ON GREATER BOSTON
ANOTHER PLEA FOR PAROLE,
CONVICTED RAPEEST BENJAMIN
LAGUER HAS THE AID OF A NEW
HIGH PROFILE ATTORNEY.
PLUS AIRPORT HORROR STORIES
FROM NEW ENGLANDERS STRANDED
BENEATH THE ASH CLOUD.
AND --

>> MEL BROOKS LATEST MUSICAL
COMES TO BOSTON.
IT'S YOUNG FRANKENSTEIN.

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>> GOOD EVENING, I'M JARED
BOWEN IN FOR EMILY ROONEY.
FOR OVER A DECADE HERE AT
GREATER BOSTON WE'VE CLOSELY
WATCHED THE CASE OF BENJAMIN
LAGUER, A MAN CONVICTED FOR
THE BRUTAL RAPE OF HIS
LEOMINSTER NEIGHBOR IN 1983.
THERE ARE MANY WHO BELIEVE
LAGUER IS INNOCENT AND EVEN
FOR THOSE WHO DON'T A LARGE
GROUP THINK HIS PUNISHMENT
NO LONGER FITS THE CRIME AM
WE CONSIDER IT AGAIN TONIGHT
AFTER HIS APPEARANCE BEFORE
THE PAS ROLE BOARD TODAY.
CONVICTED RAPEEST BENJAMIN
LAGUER APPEARED BEFORE THE
STATE'S PAROLE BOARD YET
AGAIN TODAY ASKING TO BE
RELEASED FROM THE LIFE
SENTENCE HE'S SERVING FOR
THE 1983 RAPE OF HIS
LEOMINSTER NEIGHBOR.

>> I WOKE UP THIS MORNING A
NEW.
AND I WILL PUT HEAD TO
PILLOW TONIGHT WITH GREAT
HOPE THAT CHANGE IS GOING TO
COME.

>> LAGUER HAS SERVED 27
YEARS IN PRISON AND ALL
ALONG HE HAS STEADFASTLY
MAINTAINED HIS INNOCENCE
CITING FAULTY EYE WITNESS
SYSTEM, RACIST JURORS AND
EVIDENCE TAMPERING.

>> ONE JUROR EXPRESSED HIS
OPINION THAT THE SPICK IS
GUILTY JUST SITTING THERE,
LOOK AT HIM, WHY BOTHER
HAVING A TRIAL.

>> LAGUER'S ATTORNEY, FORMER
SUPERIOR COURT JUDGE ISAAC
BORENSTEIN TOLD THE BOARD
THAT REGARDLESS OF HIS
CLIENTS GUILT OR INNOCENCE,
BY NOW LAGUER HAS SERVED A
JUST SENTENCE.

>> I HONESTLY BELIEVE THAT
BENN LAGUER HAS BEEN IN
PRISON LONG ENOUGH.
AND I DON'T THINK ANYTHING
IS SERVED BY KEEPING HIM IN
PRISON ANY LONGER.

>> SINCE HIS CONVICTION
LAGUER HAS FILED NUMEROUS
APPEALS AND HAS WAGED HIS
OWN THUNDER SOSS PR
CAMPAIGN.
HE HAS ATTRACTED A CELEBRITY
ROSTER OF SUPPORTERS FROM
NOVELLEST LESLEY EPSTEIN TO
BOSTON UNIVERSITY PRESIDENT
HE MERIT US JOHN SILVER TO
DEVAL PATRICK WHO WROTE TWO
LETTERS TO THE PAS ROLE
BOARD ON LAGUER'S BEHALF
BEFORE BECOMING GOVERNOR.

>> HE HAS SUFFERED AND PAID
A HEAVY PRICE FOR HIS PAST.
AT THE PRESENT, HE STANDS
READY TO BE RELEASED.
AND I BELIEVE HE HAS A
STRONG GOOD FUTURE AHEAD OF
HIM.

>> I HOPE THAT I CAN
CONVINCE YOU THAT WHAT NEEDS
CHANGING IS THE PATTERN OF
PAROLE DENIAL AND NOT MY
REPEATED CLAIMS OF INNOCENCE.

>> THE PAS ROLE BOARD IS
EXPECTED TO MAKE ITS
DECISION NEXT MONTH.
JOINING ME NOW IS RETIRED
SUPERIOR COURT JUDGE ISAAC
BORENSTEIN WHO IS
REPRESENTING BEN LAGUER.
LESLEY EPSTEIN, A PROFESSOR
AT BOSTON UNIVERSITY WHO
TESTIFIED FOR LAGUER AT
TODAY'S HEARING AND WBZ
RADIO'S DAN REA WHO IS ALSO
AT THE HEARING.
WELCOME TO ALL OF YOU.
ISAAC, I'M WONDERING THIS IS
HIS FOURTH APPEARANCE BEFORE
THE PAS ROLE BOARD.
WE SEE THE PAS ROLE BOARD
HEARINGS BEFORE DEVOLVE INTO
ESSENTIALLY A SECOND TRIAL.
THEY WANT TO GO BACK OVER
GUILT OR INNOCENCE.
AND I KNOW IN SOME RESPECTS
YOU ARE TRYING TO AVOID THAT
TODAY AND I READ THROUGH BEN
LAGUER'S OPENING STATEMENT
AND HE CERTAINLY DIDN'T WANT
TO GET INTO THAT.
BUT WHAT WAS YOUR STRATEGY
GOING IN.
WHAT DID YOU REALLY WANT TO
IMPRESS UPON THE BOARD
TODAY.

>> WELL, I THINK I WANTED,
AN BEN WANTED TO HIGHLIGHT
THE POSITIVE THINGS ABOUT
HIS PETITION FOR PAROLE.
THE FACT THAT HE HAS GOT ALL
THE SUPPORT IN THE COMMUNITY
ANYBODY COULD EVER WANT.
THAT HE'S GOT A PAROLE PLAN
THAT INCLUDES A JOB,
HOPEFULLY WORKING WITH ME,
THAT INCLUDES GOING TO
BOSTON UNIVERSITY MASTERS
PROGRAM IN CREATIVE WRITING.
THAT HE HAS A RESIDENCE IN
THE NORTH SHORE THAT HE
COULD LIVE AT.
SO WE WANTED TO EMPHASIZE
HIS PAROLE PLAN, THE
POSITIVE THINGS HE'S DONE IN
HIS LIFE.
THE LENGTH OF THE SENTENCE.
HE SERVED NOW 26 YEARS.
AND THAT HE IS A WORTHY
CANDIDATE WITHOUT DOES NOT
PRESENT A RISK OF COMMITTING
ANOTHER CRIME.

>> LESLEY, YOU'VE SEEN THIS
YOU HAVE BEEN IN THE PAS
ROLE BOARD HEARINGS BEFORE.
I HAVE SEEN YOU BECAUSE I
SAT THROUGH AT LEAST ONE OR
TWO MYSELF.
HOW DID YOU FEEL THAT THEY
RESPONDED TO HIM TODAY?
DID IT, DID THEY EMBRACE
WHAT THEY HAD TO SAY, WHAT
THE JUDGE AND WHAT BEN
LAGUER HAD TO SAY OR DID
THEY HAVE THEIR OWN MIND-SET
GOING IN.

>> IN ALL FRANKNESS I DON'T
THINK IT WENT WELL FOR BEN.
OR FOR JUSTICE.
I DON'T THINK THEY CAME IN
WITH THEIR MINDS COMPLETELY
MADE UP AHEAD OF TIME.
BUT THEY DID LET THINGS
DEVOLVE INTO RETRYING THE
CASE.
AND WE WEREN'T ABLE TO SAY
THE THINGS THAT THE JUDGE
JUST MENTIONED.
NOR WERE WE ABLE TO
DEMONSTRATE, I THINK, HOW
THE PRISON SYSTEM REALLY HAS
WORKED FOR BEN.
HE HAS BECOME A
REHABILITATED, IN SOME WAYS
EVEN ENOBLED PERSON, THERE
WAS NO WAY WE WERE ABLE TO
GET THAT ACROSS.

>> DAN, I KNOW YOU ARE ON
THE FENCE LIKE MANY OF US, I
KNOW I HAVE SWUNG BACK AND
FORTH OVER THE YEARS IN LOOK
AT ALL THIS EVIDENCE WHO IS
BEN TODAY.
IS HE A MANIPULATER OR IS
THERE ENOUGH TO BELIEVE THAT
THERE COULD WELL BE, THERE
IS ENOUGH EVIDENCE TO MAKE
HIM INNOCENT?

>> WELL, I THINK YOU DON'T
HAVE TO NECESSARILY AGREE
WITH EITHER OF THOSE
POSITIONS, JARED.
I AGREE WITH PROFESSOR
EPSTEIN.
THAT THIS GUY, AND WITH
JUDGE BORE ENSTEIN, THAT
THIS GUY HAS NOW SERVED 27
YEARS.
THAT'S A LONG TIME FOR THAT
PARTICULAR CRIME.
HE IS A VERY DIFFERENT
PERSON TODAY AT THE AGE OF
47 OR 48 THEN HE WAS WHEN
THIS CRIME WAS COMMITTED.
I SORT OF HAVE COME TO THE
CONCLUSION THAT HE IS EITHER
AN INNOCENT MAN WRONGFULLY
IMPRISONED OR HE IS TOTALLY
DELUSIONAL.
BECAUSE HE HAD OPPORTUNITIES
AT PRIOR TRIAL TO HAVE
ACCEPTED A GUILTY PLEA, AND
ONLY SERVED A COUPLE OF
YEARS.
HIS POSITION TODAY
CONTINUING TO PROCLAIM HIS
INNOCENCE DID NOT GO WELL
WITH THE BOARD MEMBERS AND
THAT SORT OF, I THINK, BEGUN
ANEW THE RETRIAL OF THE CASE
WHICH REALLY SHOULD NOT HAVE
BEEN FOCUS OF WHAT WENT ON
THERE TODAY.

>> I WANT TO SAY THAT I
CERTAINLY UNDERSTAND THE
RESPONSIBILITY THAT THE PAS
ROLE BOARD FACES.
IT'S A TOUGH JOB.
AND THIS IS MY EXPERIENCE
WITH THEM IS THAT IT'S A
FAIR PAROLE BOARD.
A VERY INTELLIGENT, THOROUGH
AND CAREFUL.
UNFORTUNATELY I THINK TODAY
THE EMPHASIS OVERWHELMINGLY
APPEARED TO BE ON THE
NEGATIVE.
WHAT IS THERE IN BEN'S
PRISON RECORD THAT DIDN'T GO
WELL.
WHAT IS IT ABOUT THE TRIAL,
THE CASE THAT SHOWS THAT HE
IS GUILTY AND MUST NOT BE
TRUTHFUL.
AND SO MUCH OF THE POSITIVE
SEEMS TO GO TO THE SIDE.
THAT'S THE OVERWHELMING
IMPRESSION I'M LEFT WITH.
I DON'T KNOW HOW THEY ARE
GOING TO DECIDE IT.
BUT IT JUST SEEMED LIKE AN
OVERWHELMING AMOUNT OF
EMPHASIS ON THE NEGATIVE.

>> THEY BROUGHT UP 30
VIOLATIONS THAT HE HAS HAD
IN PRISON.
WHICH I DIDN'T HEAR THE
CONTEXT BECAUSE I WASN'T
THERE TODAY.
BUT THAT DOES SEEM OVERWHELMING.
AND FROM WHAT I UNDERSTAND
HE EVEN GOT A BIT TRIPPED UP
ON THAT.

>> HE HAS HAD DISCIPLINARY
REPORTS.
BUT HE'S BEEN IN PRISON
ALMOST 27 YEARS.
ANYBODY WHO KNOWS ANYTHING
ABOUT THE PRISON SYSTEM
KNOWS THAT NOBODY GETS OUT
OF THERE WITHOUT
DISCIPLINARY REPORTS.
IT IS JUST INEVITABLE
BECAUSE OF LOTS OF DIFFERENT
REASONS.
BUT AGAIN, MANY YEARS HAVE
GONE WITHOUT DISCIPLINARY
REPORTS.
HE'S ACHIEVED SO MUCH.
THE GRADUATION FROM BOSTON
UNIVERSITY, METROPOLITAN
COLLEGE.
THE LEADERSHIP HE'S KPBTED
IN PRISON.
THE FRIENDSHIPS HE'S
DEVELOPED.
HIS TALENTS.
HE HASN'T REALLY BEEN A
VIOLENT, I MEAN THERE IS ONE
DISCIPLINARY REPORT THAT WAS
BROUGHT UP TODAY WHERE HE
WAS DEFENDING HIMSELF FROM
WHAT HE PERCEIVED TO BE AN
ATTACK BY SWB SOMEBODY.
BUT THERE IS NO DISCIPLINARY
REPORT YOU CAN POINT TO THAT
SAYS LOOK AT THIS GUY, HE'S
VIOLENT.
HE'S A SEXUAL OFFENDER IN
PRISON.
HE'S ASSAULTED PEOPLE.
THERE IS NONE OF THOSE.

>> OF COURSE ARE YOU WILLING
TO BRING HIM INTO YOUR FIRM.
LESLIE, YOU WOULD HELP HIM
GET HIM INTO THE MASTERS
WRITING PROGRAM AT BOSTON
UNIVERSITY.
HOW HAVE YOU SEEN HIM CHANGE
FROM AS DAN WAS JUST
MENTIONING THIS 20-YEAR-OLD
WHO WENT INTO PRISON TO THE
MAN WHO HE IS TODAY.
AND I HAVE TO SAY WHEN I SAW
THE VIDEO I WAS STRUCK HOW
MUCH HE HAS AGED IN THE LAST
SEVEN YEARS SINCE HIS LAST
PAROLE HEARING.
WHO IS HE TODAY.

>> ON TOP OF EVERYTHING ELSE
HE MAY HAVE A SERIOUS
ILLNESS THAT'S DEVELOPED
WHILE HE WAS IN PRISON.

>> ARE YOU TALKING ABOUT THE
LESION ON HIS LIVER RIGHT
NOW.

>> YES, YEAH.
WE'RE ALL QUITE WORRIED
ABOUT THAT.

>> HOW HAVE I SEEN HIM
CHANGE.
YOU KNOW THERE IS A
FUNDAMENTAL PROBLEM FOR THE
PAS ROLE BOARD AND FOR BEN.
AND THAT IS RIGHTLY A PAROLE
BOARD WANTS TO HEAR SOMEONE
SAY THEY ARE REMORSEFUL.
HOW CAN BEN DO THAT WHEN HE
CLAIMS THAT HE IS INNOCENT.
HE HAS ENOUGH SELF-RESPECT
THAT HE WILL NOT DEBASE
HIMSELF BY LYING.
AND YET THE BOARD RIGHTLY
WANTS TO HEAR THAT KIND OF
SENTIMENT.
IT'S A CATCH-22 OF CLASSIC
AND TRAGIC PROPORTIONS.
I DON'T KNOW WHAT IS GOING
TO HAPPEN.
YOU'VE ASKED ME HOW BEN HAS
CHANGED.
YOU KNOW, IT'S EASY TO SAY
THE WORDS I AM REMORSEFUL.
BEN WON'T SAY THEM BUT I
HAVE SEEN WHAT HAS DONE WITH
WORDS IN OTHER WAYS.
HE HAS, WAS AT A ARE ONE OF
THE NATION'S GREATEST POETS
HAVE READ HIS WORK AND THEY
SAY HE'S READY FOR OUR
PROGRAM.
WE HAVE HUNDREDS AND
HUNDREDS OF APPLICATIONS FOR
8 SPOTS IN POETRY.
THEY SAY HE'S READY.

>> DAN, HOW-- DAN, HOW DO
YOU WEIGH IN ON THIS REMORSE
ELEMENT.
YOU HAVE HAD CORESPONSE WITH
HIM, WE ALL HAVE, IT GOES
BACK TO THE PR CAMPAIGN IN
THE PIECE.
HOW MUCH OUTREACH HE DOES
WITH THE PRESS AND WITH
PEOPLE LIKE YOU ALL.
I'M WONDERING, WHAT DO YOU
UNDERSTAND ABOUT HIM, SOME
PEOPLE START TO THINK WELL,
IT'S JUST SURVIVAL AFTER A
WHILE, YES, YOU MAY STILL
INTERNALLY BELIEVE ARE YOU
INNOCENT BUT YOU HAVE TO SAY
WHATEVER THE BOARD WANTS TO
YOU TO SAY TO GET OUT WHY
ISN'T HE DOING IT.

>> I THINK IT IS THE
ULTIMATE CATCH-22 THAT THE
PROFESSOR REFERRED TO.
HE CLEARLY BELIEVES HE DID
NOT COMMIT THIS CRIME.
AS I SAID I THINK, AND YOU
GUYS PITE DISAGREE WITH ME.
I THINK MY VIEW OF IT IS HE
IS TOTALLY DELUSIONAL OR
THIS IS AN BE IN THE MAN.
I ADVOCATED FOR AN INNOCENT
MAN IN PRISON WHO SERVED 30
YEARS FOR MURDER THAT I CAME
TO KNOW THAT HE DID NOT
COMMIT BECAUSE THERE WERE
FBI DOCUMENTS THAT PROVED
HIS INNOCENCE.

>> OF COURSE ARE YOU TALKING
ABOUT JOE SALVADI.
BEN DOESN'T HAVE THOSE
COMMUNITIES.
IT'S A DIFFERENT SORT OF
CASE.

>> WHAT HE HAD WAS THE DNA
EVIDENCE THAT ENDED UP
COMING BACK NOT IN HIS
FAVOR.

>> BUT THAT IS DNA EVIDENCE
WHICH WAS COLLECTED CIRKA
1984, GOD KNOWS WHO HANDLED
IT, HOW IT WAS HANDLED.
I CAN GET PAST THE DNA
RESULT.
BECAUSE NOTHING IS 1,000
PERCENT PERFECT.
I THINK ANYONE WHO IS
INVOLVED IN THE COURT SYSTEM
WILL UNDERSTAND NOTHING IS
1,000 PERCENT PERFECT.
ALTHOUGH DNA IS HELPFUL ON A
LOT OF CRIMES TO PROVE THAT
PEOPLE ARE PRECLUDED FROM
HAVING BEEN THE PERSON WHO
ACTUALLY COMMITTED THE
CRIME.
I JUST THINK THAT HE IS NOT
GOING TO DISPLAY REMORSE
BECAUSE HE SAYS HE'S
INCAPABLE OF BEING
REMORSEFUL FOR SOMETHING HE
DIDN'T DO.
AND THAT IS AS PROFESSOR
EPSTEIN TO ELOQUENTLY STATED
THE ULTIMATE CATCH-22.

>> CAN YOU SHED SOME LIGHT
ON THIS CONCERN OVER HIS
LIVER.
THERE IS A LESION ON HIS
LIVER.
I KNOW THERE IS A CANCER
CONCERN THERE.
HOW DOES THAT WEIGH IN TO
HIS FATE.
I MEAN CAN HE NOT GET THE
TREATMENT HE MIGHT NEED IN
PRISON.
WHERE DOES THAT FACTOR?

>> THROUGH A NUMBER OF
CONNECTIONS AND ASSISTANCE
FROM SOURCES INCLUDING
PROFESSOR EPSTEIN, HE'S
BEING SEEN AT A LOCAL
MEDICAL CENTRE AND YOU KNOW,
OBVIOUSLY WHILE IN CUSTODY
HE GETS TAKEN THERE BY
CORRECTIONS OFFICIALS.
SO IF HE WILL CONTINUE
HOPEFULLY TO BE DIAGNOSED
AND TREATED AT AN
APPROPRIATE FACILITY.

>> ALSO AT THE SAME TIME ARE
YOU ABOUT TO MOVE FORWARD ON
A MOTION FOR A NEW TRIAL
BASED ON NEW EVIDENCE WHAT
IS THAT.

>> WELL, WE HAVE A WITNESS
THAT WE BELIEVE WILL
UNDERFINE THE ABILITY OF THE
VICTIM IN THE CASE TO HAVE
BEEN ABLE TO IDENTIFY HER
ASSAILANT.

>> WHICH SHE DID FROM HER
HOSPITAL BED WHILE MEDICATED
SHORTLY AFTER ATTACK.

>> CORRECT.
AT FIRST SHE SAID SHE
COULDN'T IDENTIFY ANYBODY.
THEN SHE EXPLAINED THAT THE
REASON SHE SAID THAT SHE HAD
FELT THREATENED AND WHEN HER
DAUGHTER SAID TO HER I'M
GOING TO HAVE THE POLICE USE
ME QUOTE, UNQUOTE, AS BAIT
TO CATCH THIS GUY, SHE THEN
SAID WELL I THINK I CAN
IDENTIFY THE PERSON WHO DID
THIS TO ME.
BUT THE CIRCUMSTANCES OF THE
IDENTIFICATION WOULD BE VERY
EASY AS PROSECUTORS SAID
TODAY, TO CLAIM WELL, THE
PERSON WAS THERE WITH THEM
FOR EIGHT HOURS.
HOW COULD HE NOT BE
IDENTIFIED.
THE FACT IS THE ASSAILANT
MADE EVERY EFFORT TO COVER
HIMSELF UP.
THERE WAS NOT GOOD LIGHTING.
SO THE IDENTIFICATION IS
VERY WEAK.
AND WE BELIEVE WITH THIS
MOTION FOR A NEW TRIAL THAT
THAT WITNESS WILL UNDERMINE
THAT IDENTIFICATION EVEN
FURTHER.
AND THAT WAS THE KEY
EVIDENCE AGAINST HIM.

>> LESLIE, ON THE POINT OF
THE TREMENDOUS SUPPORT HE'S
HAD, THE POWER AND THE
SUPPORT HE HAS HAD WITH THE
FIGURES FROM JOHN SILVER AND
DEVAL PATRICK, YOURSELF,
DOES IT EVEN MATTER ANY
MORE.
I MEAN CLEARLY IT HASN'T
MATTERED IN THE PAS ROLE
HEARINGS THUS FAR AND I HEAR
FROM TODAY SOME OF IT DIDN'T
GO SO WELL WITH SOME OF THE
PEOPLE THAT GOT SO ANIMATED
AND SO EMOTIONAL TESTIFYING
ON HIS BEHALF.
HAS IT BECOME A DETRIMENT.

>> OUR SUPPORT, IT CERTAINLY
SHOULDN'T.
HOW MANY PEOPLE WITH THE
PROSPECT OF GOING OUT ON
PAROLE HAVE A WONDERFUL JOB
OFFER FROM SOMEONE LIKE JOHN
BORENSTEIN, HAVE A
STRUCTURED PROBLEM LIKE THE
BU MSA PROGRAM.
JOHN ARCHER THE FORMER HEAD
OF THE OPERA BOARD HAS
OFFERED HIS HOME FOR HIM TO
STAY IN.
THOSE THINGS SHOULD MATTER.
TODAY SHOULD HAVE BEEN ABOUT
THE FUTURE.
WHAT IS BEN'S LIFE GOING TO
BE LIKE IN THE FUTURE.
UNFORTUNATELY IT BECAME
ABOUT THE PAST.

>> AND DAN I WILL GIVE YOU
THE LAST WORD HERE.
READING THIS, OBSERVING IT,
SEEING HOW THE BOARD REACTED
TOLD AND IT IS LARGELY A NEW
BOARD FROM THOSE THAT HAVE
CONSIDERED HIS CASE IN THE
PAST.
WHAT DO YOU FORECAST WHAT IS
GOING TO HAPPEN THIS TIME
AROUND.

>> I COULDN'T DETECT ANY
VOTES THAT ARE GOING TO GIVE
HIM THE OPPORTUNITY FOR
PAROLE AS A RESULT OF WHAT I
SAW TODAY.
I WAS NOT FOR THE ENTIRETY
OF THE HEARING BUT I WAS
THERE FOR HIS PRESENTATION
AND DR. SILVER'S
PRESENTATION WHICH WAS VERY
ELOQUENT, BY THE WAY.
JUST AN HE INCREDIBLE,
EMOTIONAL ELOQUENT
PRESENTATION BY DR. SILVER
WHO FIRMLY BELIEVES IN BEN
LAGUER'S INNOCENCE.
AND I DON'T THINK THE BOARD
HEARD WHAT THEY SHOULD HAVE
LISTENED TO.

>> AS I SAID WE'VE BEEN
FOLLOWING IT FOR A LONG TIME
AND WE CONTINUE TO FOLLOW T
DAN REA, ISAAC BORENSTEIN
AND LESLIE EPSTEIN.
AND NOW LOCAL RESIDENTS MAKE
THEIR WAY HOME AFTER BEING
TRADED FOR DAYS BY THE ASH
CLOUD.