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Main Page Sutter handles 50th dangerousness hearing
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Posted by: kwflatbed

By Brian Fraga
Standard-Times staff writer
August 25, 2007 6:00 AM

Bristol County District Attorney C. Samuel Sutter brought new attention to his interpretation of the dangerousness statute by personally arguing his office's 50th illegal gun dangerousness hearing Friday in Taunton District Court.
Mr. Sutter held a press conference after the hearing for William Kenyon, a Taunton man charged last week with possessing an illegal sawed-off shotgun.
Mr. Kenyon, who was ordered held without bail, is the 50th defendant since January charged with a felony and possessing an illegal gun whom prosecutors have argued must be held without bail because they are too dangerous to be released.
"This DA is extremely tough on illegal gun crimes, and the criminal element knows it," said Gregg Miliote, a spokesman for the Bristol Country district attorney.
Since taking office in January, Mr. Sutter has argued anyone arrested with an illegal firearm poses a dangerous risk to the community. His interpretation of the statute — which was once used to protect victims in domestic violence cases — has thus far been effective in incarcerating defendants charged with gun crimes.
Prosecutors in Bristol County have prevailed in 39 of 50 dangerousness hearings this year. Defendants deemed "dangerous" are held in jail for 90 days, during which the DA must be prepared to take them to trial.
Mr. Sutter credits the efforts of police chiefs and mayors and his office for reducing gun crimes in Bristol County.
"I'd also like to think that my innovative decision to hold dangerousness hearings any time a defendant is charged with an illegal gun crime and a felony is a major reason why gun crimes are down this year," Mr. Sutter said.
Gun crimes are down in New Bedford during the first six months of 2007 compared to the same period last year. Reports of shots fired are down by more than half. There were only three shooting victims in the first six months of this year, while there were 16 in the first half of 2006.
In New Bedford District Court, 10 of 14 defendants charged with felonies and illegal gun crimes have been held without bail after dangerousness hearings. Of the detained individuals, two have already been convicted in jury trials, and are serving prison sentences.
Three have been indicted in Superior Court, where they face harsher penalties. Five detained individuals still have their cases pending in District Court.
Mr. Miliote said the DA's office is prepared to prosecute each defendant within the 90-day window.
"There are no instances in 49 cases in which the assistant district attorneys have not been prepared to go to trial," Mr. Miliote said. "The DA made a major initiative to hold these dangerousness hearings to reduce gun violence. It appears to be working."
Mr. Sutter's interpretation has already withstood legal challenges from trial lawyers arguing he has gone beyond the statute's legal intent. On June 28, a Supreme Judicial Court judge upheld a previous Bristol County Superior Court ruling that Mr. Sutter correctly used the statute to detain a man arrested in Fall River on weapons charges. An appeal is pending before the entire court challenging the statute's constitutionality.
Last month, Sen. Mark C.W. Montigny, D-New Bedford, filed legislation to increase the length of time a defendant can be incarcerated under the dangerousness statute to 120 days, and to specifically apply the law to anyone arrested on a felony and charged with possessing an illegal gun.

http://www.southcoasttoday.com/apps/...NEWS/708250322

Posted by: Wolfman

Quote:

Last month, Sen. Mark C.W. Montigny, D-New Bedford, filed legislation to increase the length of time a defendant can be incarcerated under the dangerousness statute to 120 days, and to specifically apply the law to anyone arrested on a felony and charged with possessing an illegal gun.

Doesn't he mean possessing a gun illegally? Who exactly is committing the crime, the gun or the holder?

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