Former Secretary of Public Safety and Suffolk County Sheriff Andrea Cabral slammed Judge Richard Sinnott for his refusal to respect the decision of Suffolk County prosecutors not to prosecute multiple counter-protesters at a recent "straight pride" parade in Boston. Cabral, who was also a former prosecutor, said that Sinnott overstepped his authority when he asserted his judgment over that of the prosecutors.
“This is a clear separation of powers issue,” Cabral said during an interview with Boston Public Radio on Thursday. “The prosecutor has unfettered discretion and exclusive discretion over whether or not that case [should be prosecuted].”
The controversy began during the arraignment of several counter-protesters at a straight-pride parade on Saturday. Officers who arrested the counter-protesters accused them of charges ranging from disorderly conduct to assaulting a police officer. In multiple cases, District Attorney Rachael Rollins, however, declined to prosecute the individuals for non-violent offenses, but Sinnott disagreed.
Rollins called the judge’s move a violation of the protesters’ first amendment rights. Former federal judge Nancy Gertner said Sinnott abused his power and had no right to reverse the prosecution’s decision.
“The judge has no authority under the law to refuse a nol. pros. — which is the prosecutor essentially wiping out the charges — and he has no authority to deny a motion to dismiss,” Gertner told Greater Boston Wednesday.
Cabral also said Sinnott overreached when he had defense attorney Susan Church held in contempt and detained for reading case law that argued in favor of the prosecution’s ability to decline to prosecute.
“From where I sit obviously the jailing of a defense counsel for interrupting is a massive, massive overreach,” Cabral said.
