July 14, 2010: The life sentence of Joe Donovan

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; 07/14/10 7:30 PM
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;;;;GREATER BOSTON
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>> Rooney: TONIGHT ON
"GREATER BOSTON."

>> THE MAYOR IS HEARING
NOTHING, SEEING NOTHING,
SAYING NOTHING.

>> Rooney: THE BACKLASH
AGAINST BUDGET CUTS IN
LAWRENCE.
PLUS, JOE DONOVAN WAS 17
WHEN A BUDDY STABBED AN
M.I.T. STUDENT TO DEATH.
SO WHY IS HE SERVING LIFE
WITHOUT PAROLE.
AND A SOUR PART OF THE
APPLE.
THE CRITICISM OF THE NEW
iPHONE.
WOSES

>> Rooney: GOOD EVENING.
HIS DEFENDERS ARE CALLING
IT AN 18-YEAR MISCARRIAGE
OF JUSTICE.
34-YEAR-OLD JOE DONOVAN
HAS BEEN IN PRISON FOR
MORE THAN HALF HIS LIFE.
DONOVAN WAS SENTENCED TO
LIFE WITHOUT PAROLE IN A
FELONY MURDER OF AN M.I.T.
STUDENT IN 1992.
DONOVAN ADMITS THROWING
THE PUNCH THAT KNOCKED THE
STUDENT TO THE GROUND, BUT
THE TEENAGER WHO COMMITTED
THE STABBING IS ALREADY
OUT.

>> IT WAS ME BEING AN
IDIOT.

>> Rooney: JOE DONOVAN
HAD JUST TURNED 17 WHEN HE
WALKED PAST TWO NORWEGIAN
STUDENTS.

>> I HEARD HIM LAUGH, AND
I THOUGHT HE WAS LAUGHING
ABOUT ME.

>> Rooney: DONOVAN
PUNCHED ONE TO THE GROUND,
AND THEN DONOVAN'S
ACQUAINTANCE, 15-YEAR-OLD
SEAN McCUE, STABBED
RUSTY TO DOTH, AND A THIRD
ACQUAINTANT STOLE THE
STUDENT'S WALLET.
BALEZ PLEA BARGAINED HIS
CASE AND SERVED SEVEN
YEARS.
DONOVAN, NOW 34, REMAINS
IN PRISON.
NOW THE VICTIM'S PARENTS
AND THE JUDGE WHO PRESIDED
OVER THE CASE ARE ASKING
FOR DONOVAN'S RELEASE.

>> THE LAW HAS UNFAIRLY
COME DOWN ON DONOVAN.

>> Rooney: THE STATE'S
ADVISORY BOARD OF PARDONS
RECENTLY DENIED DONOVAN'S
PETITION FOR A HEARING.
NOW ONLY GOVERNOR DEVAL
PATRICK CAN ORDER A
HEARING ON DONOVAN'S
REQUEST OR COMMUTE THE
SENTENCE.
THE VIDEO YOU JUST SAW WAS
PART OF A DOCUMENTARY
ENTITLED "UNEQUAL
JUSTICE."
JOINING ME ARE THE FATHER
OF JOE DONOVAN, AND INGRID
MARTIN, THE ATTORNEY
REPRESENTING JOE DONOVAN.
YOU BOTH MUST HAVE BEEN
DISAPPOINTED WHEN THERE
WAS NOT A NEW HEARING
GRANTED ON THIS TRIAL.
DID YOU ANTICIPATE THERE
WOULD BE.
HE WAS CONVICTED OF A
FELONY MURDER?

>> I DIDN'T ANTICIPATE
THERE WOULD BE BECAUSE I
WAS TOLD HOW POLITICAL IT
WOULD BE.
BUT I THOUGHT THAT THEY'D
AT LEAST TAKE A LOOK AT IT
AND -- A GOOD LOOK AT IT,
BECAUSE THE KID DOES
DESERVE TO BE OUT.
FOR WHAT HE DID IN THIS
CRIME, HE'S ALREADY SERVED
MORE THAN HE SHOULD SERVE.
SO I BELIEVE THAT THEY
SHOULD TAKE A LOOK AT IT.
HE'S A GOOD KID.

>> Rooney: WAS HE A GOOD
KID AT THE TIME.
FRANKLY, I WAS READING
SOME OF THE DETAILS OF
THIS.
THEY WERE DRINKING, AND
THE TWO NORWEGIAN KIDS
WERE DRINKING.
YOUR SON HIT HIM SO HARD
HE BROKE HIS HAND.
AND THE OTHER GUY HAPPENED
TO BE CARING A SEVEN-INCH
SWITCH BLADE THAT HE
SHOVED INTO HIM.
I WAS A TEENAGER, TOO, AND
I CAN'T REMEMBER DOING
THAT.

>> NO.
I UNDERSTAND THAT WAS
WRONG.
MY SON THREW A PUNCH.
HE DIDN'T KNOW THIS
JUVENILE HAD A KNIFE.
EVIDENCE HAS COME UP
BEFORE THAT SHOWS THIS.
THEY ORIGINALLY AT THE
TRIAL THOUGHT THERE WOULD
BE FINGERPRINTS ON THAT
AND ALL OF THAT STUFF.
THEY NEVER FOUND ANY OF
THAT STUFF.
HE DIDN'T KNOW ABOUT THAT.
WAS HE RIGHT FOR PUNCHING
THE BOY?
NO.
AND HE KNOWS THAT.
AND HE'S VERY SORRY.
AND HE KNOWS BECAUSE WHAT
HE DID CAUSED THE DEATH OF
THIS YOUNG MAN.

>> Rooney: THE SNOWBALL
EFFECT?

>> YEAH, THE SNOWBALL
EFFECT.
IT COULD HAPPEN TO ANY TWO
KIDS, THREE KIDS THAT GO
OUT.
IF ONE KID DOESN'T KNOW
ABOUT ANOTHER KID CARRYING
A KNIFE, AND THEY GET INTO
A BEEF WITH SOMEBODY, AND
THE OTHER KID STABS AND
KILLS SOMEBODY, YOU'RE
GOING TO MAKE THEM ALL GO
TO JAIL?
THAT'S NOT RIGHT.

>> Rooney: THAT'S THE
TRIP UP IN THE LAW.
IT HAS TO BE ALL THREE
KIDS KNEW THROUGH A WEAPON
OR IT WAS PREMEDITATED,
AND IN THIS CASE, EVEN THE
KID WHO DID THE STABBING
ADMITS THAT JOE DONOVAN
DIDN'T KNOW HE HAD A
KNIFE.

>> ACTUALLY, THE REASON
WHY JOSEPH IS SERVING THE
SENTENCE HE IS SERVING IS
BECAUSE OF THE FELONY
MURDER RULE.
ALL THE JURY HAD TO FIND
WAS THAT HE HAD THE INTENT
TO COMMIT A FELONY.
AND ROBBERY IS A FELONY.
IT DID NOT REQUIRE THAT HE
KNEW THAT THE OTHER KID
HAD A KNIFE OR THAT THE
OTHER KID HAD ANY
INTENTION WHATSOEVER OF
USING THE KNIFE.
ROBBERY WITH PUNCHES
THROWN, THAT WAS
SUFFICIENT, WHERE SOMEONE
TRAGICALLY ENDED UP DYING
IN THE COURSE OF THE
COMMISSION OF THAT FELONY.

>> Rooney: JOE DONOVAN
HAD THE OPPORTUNITY TO
PLEA BACK THEN AND DIDN'T
DO IT.
HE TOOK HIS CHANCES.
THAT'S WHAT HAPPENS WHEN
YOU GO TO TRIAL.
YOU TAKE YOUR CHANCES, AND
HE GOT LIFE.

>> YEAH.
THIS IS A VERY DIFFICULT
STORY ON A LOT OF LEVELS.
AND IT IS TRUE THAT HE WAS
OFFERED AT ONE POINT A
PLEA BARGAIN TO
SECOND-DEGREE MURDER,
WHICH WOULD HAVE PUT HIM
IN THE POSITION OF STILL
SERVING A LIFE SENTENCE IN
PRISON, BUT WITH THE
POSSIBILITY OF PAROLE.

>> Rooney: AND HE COULD
HAVE BEEN PAROLLED A
COUPLE OF YEARS AGO?

>> IF HE MET THE
REQUIREMENTS OF YOUR
PAROLE.
AFTER YOU SERVE 17 YEARS,
YOU COME UP AND YOU'RE
AVAILABLE FOR PAROLE.
IT IS TOUGH TO EXPECT A
17-YEAR-OLD TO UNDERSTAND
THESE CHOICES.
I THINK IT IS VERY HARD
FOR A 17-YEAR-OLD IS TO BE
TOLD YOUR CHOICE -- THE
WAY OUT WE'RE OFFERING IS
A LIFE SENTENCE WITH THE
POSSIBILITY OF PAROLE.
IN HIS MIND AT THE TIME,
WHAT HE KNEW WAS, I THREW
A PUNCH.

>> Rooney: HE THOUGHT HE
COULD TALK HIS WAY OUT OF
IT.

>> I DON'T KNOW ABOUT
TALK --

>> WHAT HE SAID TO ME,
WHEN I ASKED HIM, AND I
SAYS, MAYBE YOU OUGHT TO
THINK ABOUT TAKING THE
SECOND BECAUSE AT LEAST
YOU KNOW YOU'LL GET OUT AT
SOME TIME, PROBABLY.

>> HE SAID TO ME, DAD, ALL
I DID WAS THROW A PUNCH.
I DON'T WANT TO BE KNOWN
AS A MURDERER FOR THE REST
OF MY LIFE.
SO IN HIS MIND, HE THINKS
THAT HE WASN'T -- HE
DIDN'T HAVE -- HE KNEW
NOTHING ABOUT THE KNIFE.
HE DIDN'T KNOW THE KID WAS
GOING TO DO IT.
IN HIS MIND HE DIDN'T FEEL
LIKE HE MURDERED ANYBODY.
HE KNEW HE CAUSED THE
PROBLEM BY THROWING THAT
FIRST PUNCH.
BUT HE DIDN'T KNOW THAT
THE KID WAS GOING TO TAKE
OUT A KNIFE --

>> Rooney: THERE IS
RELUCTANCE ON THE PART OF
GOVERNORS, ESPECIALLY IN
MASSACHUSETTS, SOME
SENSITIVITY TO COMMUTE
SENTENCES, OR ORDER NEW
HEARINGS.
WE HAD THE INSTANCE OF
WILLIE HORTON BACK IN
1987, AND HE WAS GRANTED A
FURLOUGH AND THIS GUY GOES
OUT AND RAPES AND MURDERS
SOMEBODY.
IT IS NOT SOMETHING THAT
GOVERNORS DO LATELY.

>> I'M HOPING HE TAKES A
LOOK AT THIS SENTENCE.
HE HAS TO MAKE THE
DECISION.
THERE ARE PLENTY OF PEOPLE
THAT KNOW MY SON.
WE HAVE THOUSANDS OF
PEOPLE THAT WENT ON LINE
TO ASK FOR HER HEARING, TO
TAKE A LOOK AT THE CASE.
BECAUSE IF YOU LOOK AT IT,
YOU HAVE TO COME UP WITH
THE CONCLUSION THAT HE'S A
GOOD KID AND HE DIDN'T
KNOW THAT THIS WAS GOING
TO HAPPEN.
YOU KNOW WHAT I MEAN?
HE WAS WRONG, HE THREW THE
PUNCH.
HE SHOULD HAVE SERVED SOME
TIME FOR THROWING A PUNCH.
ASSAULT AND BATTERY, AND
EVEN MANSLAUGHTER.

>> Rooney: HERE'S THE
OTHER THING, ONE OF THESE
OTHER GUYS WHO WAS
SENTENCED WITH HIM CAME
OUT AND COMMITTED SOME
OTHER HORRIBLE CRIME, AND
THEY'RE GOING TO LOOK AT
THAT AND SAY MAYBE THIS
GUY IS JUST A BAD SEED AND
WE'RE NOT GOING TO TAKE
THE CHANCE.

>> THERE ARE TWO THINGS I
WANT TO SAY TO THAT.
FIRST OF ALL, IT IS
IMPORTANT TO ALSO LOOK AT
THE OTHER -- THE THIRD
PARTICIPANT IN THE
EVENING, VALEZ, AND HE
ACTUALLY HAS REALLY TURNED
HIS LIFE AROUND AND HAS
WRITTEN A POWERFUL LETTER,
AND HE HAS NEVER HAD
ANOTHER INCIDENT.
HE IS NOW MARRIED WITH
CHILDREN AND DOING VERY
WELL.

>> Rooney: IS THE OTHER
GUY BACK IN JAIL, MCCUNE?

>> AS FAR AS WE KNOW.
THE OTHER THING IS
IMPORTANT TO KNOW IS THAT
THE GOVERNOR HAS MORE THAN
ONE OPTION.
IT IS NOT THE GOVERNOR'S
SOLE OPTION TO SAY TIME
SERVED, YOU'RE OUT
TOMORROW.
HE HAS THE OPTION OF
COMMUTING A LIFE SENTENCE
WITHOUT THE POSSIBILITY OF
PAROLE TO A LIFE SENTENCE
WITH THE POSSIBILITY OF
PAROLE.
SO THAT JOSEPH, JUST LIKE
SO MANY OTHERS SERVING
TIME IN PRISON, WILL HAVE
THE OPPORTUNITY TO GO
BEFORE THE PAROLE BOARD
AND HAVE THE PAROLE BOARD
MAKE AN EVALUATION IF THAT
INDIVIDUAL IS READY TO GO
BACK INTO THE COMMUNITY.

>> Rooney: WHAT WOULD HE
DO IF HE CAME OUT?

>> HE'S GOT LOTS OF
FRIENDS AND FAMILY.
A LOT OF SUPPORT.
HE'D HAVE TO FIND AND GET
A JOB.
WE'D KEEP HIM BUSY, AND
MAKE SURE HE DIDN'T GET IN
TROUBLE.
I'M SURE HE WON'T, YOU
KNOW WHAT I MEAN, BECAUSE
HE IS A GOOD PERSON.
WE BROUGHT HIM UP MORALLY
RIGHT.
HE WAS 17 -- ONLY THREE
WEEKS DID HE TURN 17, OR
ELSE HE WOULD HAVE BEEN A
JUVENILE HIMSELF.
SO I THINK THAT YOU HAVE
TO TAKE THAT INTO
CONSIDERATION.
AND HE'S 17 YEARS OLDER,
AND I GUESS HE WANTED TO
PROVE HIMSELF AS A YOUNG
KID AND HE THREW THE FIRST
PUNCH, BUT DIDN'T KNOW
THIS INCIDENT WAS GOING TO
HAPPEN.

>> Rooney: GOOD LUCK TO
BOTH OF YOU AS YOU
PROCEED.
WE'LL KEEP TABS ON IT.
WHEN WE CONTINUE, ARE
BUDGET CUTS COMPROMISING
CITY SAFETY IN LAWRENCE?