Smart commentary from the Globe on the never-ending Fells Acres saga

Given the fraught emotions that still surround the Fells Acres day-care case nearly 40 years after three members of the Amirault family were convicted of child sexual abuse, I thought The Boston Globe’s editorial was smart and nuanced.

The convictions of Gerald Amirault, his late mother, Violet Amirault, and his sister, Cheryl Amirault LeFave, have never been overturned despite multiple appeals, and several of the survivors continue to speak out about what they say they suffered at the day-care center the Amiraults ran. Gov. Charlie Baker’s last-minute bid to pardon them was inexplicable, and he was forced to withdraw his request in the face of a certain defeat at the hands of the Governor’s Council. The Globe covers that with a three-byline story here; and if you’re looking for a free link, WBUR.org has a pretty comprehensive report as well.

The Globe editorial cuts right to the heart of the matter: although a pardon is not an exoneration, the Amiraults’ supporters would surely take it as one, and that would be inappropriate:

Opponents of a pardon had feared, quite reasonably, that because the Amiraults have always proclaimed their innocence, any pardon would have been viewed as an official acceptance of their version of events, in which they were loving caregivers who were simply caught up in a hysterical moral panic. By implicitly calling the victims liars, a pardon on those grounds could have deterred victims in other cases from coming forward — “casting a pall over other children who will not be believed,” as Laurence Hardoon, the lead prosecutor in the case, said on Tuesday.

Over on the op-ed page, columnist Joan Vennochi adds:

Baker did not speak with the victims, or to Hardoon, who believed the children then, and still does. With that failure to reach out, the governor underestimated the power of their testimony and what victims like Jennifer Bennett — who was 3½ when she attended the day care center and is now 44 — believe to be true. The skeptics “can believe what they want. I know the truth. I was there, not them,” Bennett said during a break in the hearing.

Nearly every observer agrees that the case would not be investigated today as it was in the 1980s. Under repeated questioning, the children’s stories became more lurid over time, which is not surprising given that they were trying to process what had happened to them when they were as young as 3 or 4 years old. But that doesn’t mean they were brainwashed, as Dorothy Rabinowitz of The Wall Street Journal argued in a series of columns in the 1990s that served to reopen the case in the minds of the public. I wrote about Rabinowitz’s crusade in 1995 for The Boston Phoenix.

The Amiraults were in prison for a long time, and they’ve been free for a long time. We will never know with absolute certainty what happened at that day-care center, but they were not the victims of deranged prosecutors conducting a witch hunt. They received a fair trial in accordance with the best practices of that era. Enough.

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Baker’s had seven years to fix the T. It’s worse than ever.

Photo (cc) 2022 by Dan Kennedy

A Twitter thread on the decline and fall of the MBTA under Gov. Charlie Baker:

More than seven years ago, after Snowmaggedon brought the #MBTA to its knees, Gov. Baker was given unprecedented authority to fix it. We now know he didn’t use that opportunity wisely or well. (1/x)

If there was an assessment made of what work needed to be done, it was obviously inadequate. We’ve seen one issue after another come up during the past year, and especially the past few months. (2/x)

With proper planning, much of the work could have been done during the pandemic shutdown. Instead, we’re now dealing with Orange and Green Line closures just as employers are trying to entice their workers into returning to the office. (3/x)

It’s not all Baker’s fault. The last governor to take issues involving the T seriously was Michael Dukakis. There’s no political gain in fixing the T because the benefits are invisible. (4/x)

Baker does deserve credit for saving the GLX after Deval Patrick nearly gold-plated it into oblivion. Overall, though, Baker failed, and his term is ending with the T in a state of collapse. (5/x)

Notably silent: Maura Healey, who’s as sure a bet to be elected governor as you get in politics. This is not a time for caution. What is her vision for the T? If she remains silent, then she won’t have a mandate to carry it out. (6/x)

Like many, I depend on the MBTA to get to work and elsewhere. I use commuter rail, subways and buses. I really have no good alternatives, so I’m being patient. What choice do I have? But all of this is incredibly dispiriting. (7/7)

Healey’s ascension coincides with the dispiriting collapse of politics in Mass.

Maura Healey. Photo (cc) 2015 by Charlie Baker. Yes, that’s what the photo credit says. Yes, I realize that’s Baker on the left-hand side of the frame.

State Sen. Sonia Chang-Díaz’s withdrawal from the gubernatorial race on Thursday underscores the astonishing collapse of politics in Massachusetts. This is a state where politics has traditionally been a year-round sport. In the past, an open governor’s seat would have attracted multiple candidates. Instead, Attorney General Maura Healey will run uncontested for the Democratic nomination and will probably beat either of the two Republicans who are running.

The Axios Boston headline this morning puts it this way: “AG Healey on track to be Massachusetts’ first elected female governor.” In June. Nearly five months before Election Day.

Contrast what’s happening today with 1990, when Gov. Michael Dukakis retired. Three prominent Democrats sought the nomination — Boston University president John Silber, Attorney General Frank Bellotti and Lieutenant Gov. Evelyn Murphy. Although Murphy ended up withdrawing, Silber beat Bellotti in a closely fought race. Silber, in turn, was defeated by former federal prosecutor Bill Weld, who won the Republican nomination by beating House Republican leader Steve Pierce.

More recently, in 2006, a relatively unknown former Justice Department official, Deval Patrick, won the Democratic primary for governor with less than 50% of the vote against businessman Chris Gabrieli and Attorney General Tom Reilly. That November, Patrick defeated Lt. Gov. Kerry Healey and several independent candidates, the most prominent of whom was the late businessman Christy Mihos.

So how did Healey end up running unopposed for the Democratic nomination? There are some unique factors at play. Republican Gov. Charlie Baker took his time in announcing he wouldn’t seek another term, which gave a significant advantage to the well-known, well-funded Healey. Former Boston Mayor Marty Walsh decided he’d rather stay in Washington than run for governor.

I worry, though, that we’re all losing interest in politics. Healey is first-rate, smart, personable and progressive. After her, though, who? U.S. Rep. Ayanna Pressley? Boston Mayor Michelle Wu? Maybe. Both are at a relatively early stage of their political careers — especially Wu — so perhaps we just have to give it time.

As for the Republicans, who have produced a slew of governors over the years to act as a moderating force against the dominant Democrats, the situation is sad indeed. Two Republicans are running for governor this year. One, state Rep. Geoff Diehl, is a full-blown Trumper. The other, businessman Chris Doughty, is trying to position himself as a Baker-style moderate — but he opposes abortion rights and has taken stands that suggest he supporters deeper tax cuts than Baker would support.

For those of us who’ve been following Massachusetts politics for years, it’s a dispiriting time. I hope it’s just temporary.

Mayor Wu takes a few cautious steps toward limiting neighborhood protests

Boston Mayor Michelle Wu. Photo by Lex Weaver / The Scope

Loud, angry protests outside the homes of elected officials have become a staple of the uncivil times in which we live. And Boston Mayor Michelle Wu is taking a few cautious steps toward doing something about it.

As my GBH News colleague Adam Reilly reports, Wu has filed an ordinance that would ban protests outside individual residences between 9 p.m. and 9 a.m. — four fewer hours than the current law allows, which runs from 11 p.m. to 7 a.m. Under the new hours, Wu would have left for work before the anti-vaccine, anti-mask protesters could arrive outside her Roslindale home, where they have been harassing her family and her neighbors.

“We are putting reasonable parameters around the time of day,” Reilly quoted Wu as saying, “because this is where it really comes up against quality of life, and ensuring that we are supporting residents in our neighborhoods to be able to have the health and well-being of getting sleep at night and in the morning.”

I fully support the First Amendment right to protest, and this is a troublesome issue. It seems to me that the protesters ought to have the decency to picket at her public appearances rather than at her home, but decency has little to do with it. Loud, obnoxious protests outside Gov. Charlie Baker’s home in Swampscott may even have played a role in his decision not to seek re-election, though Baker himself has not said one way or the other if that’s the case.

As Adam notes, another, more draconian restriction is being considered on Beacon Hill. State Rep. Steven Howitt, a Seekonk Republican, has proposed that protesters be banned from doing there thing less than 100 yards from an elected official’s home.

Over the weekend, Baker told Jon Keller of WBZ-TV (Channel 4) that the 100-yard limit might be a good idea. “We have neighbors,” Baker said. “For our neighbors who never ran for office, never got elected to anything, this was a nightmare.” (And what’s up with The Boston Globe, which credited an interview that Wu gave to WBUR’s “Radio Boston” program but dismissively described Baker’s appearance on “Keller at Large” as “a television interview”?)

As I wrote recently, Mayor Wu has faced two First Amendment tests in her brief time in the corner office. Fortunately, she and her staff appeared to back off from “media guidelines” that were intended to keep the press at a distance as city workers cleared the homeless encampment at Massachusetts Avenue and Melnea Cass Boulevard.

The protest issue, though, is a knottier one. I think she’s wise to take this in small steps. If the 9-to-9 ordinance helps, great. If not, then more drastic measures may be called for.

Protests outside elected officials’ homes will lead to actions none of us want

We don’t have official residences for elected leaders in Massachusetts, and that’s a good thing. I like it that Gov. Charlie Baker still lives in Swampscott, where he was once a selectman, and that Boston Mayor Michelle Wu lives in a two-family home in Roslindale with her husband, children and mother.

Sadly, the breakdown of civility in our society is making it untenable. Bullhorn-wielding anti-vaxxers have been protesting outside Wu’s house, and they’re becoming increasingly hateful. Have a look at what Wu tweeted this morning:

It’s happened to Baker, too. Last September, climate-change protesters were arrested after they chained themselves to a pink boat labeled “Climate Emergency” that they had brought with them.

Even if you believe there’s nothing wrong with verbally abusing elected officials outside their homes, it’s certainly not something their neighbors signed up for.

This is going to lead to actions that none of us want. Heavy security is just a start. The Legislature is considering a bill that would outlaw protests within 100 yards of an elected official’s home. That’s almost certainly unconstitutional, as it would ban legally protected speech on public streets and sidewalks.

Or we could see a move toward official residences that are not in residential areas. The city of Boston already owns the Parkman House, near the Statehouse. If I’m remembering correctly, Mayor Kevin White lived there for at least part of his time in office.

The best solution would be for protesters to decide that elected officials’ homes are off limits. I doubt that’s going to happen, though. And so, inevitably, politicians are going to decide they have to remove themselves from normal life even more than they already are. That’s not good for them, or for us.

The Massachusetts GOP is becoming more extreme and authoritarian

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As the Massachusetts Republican Party becomes more extreme, it’s moving further and further toward authoritarianism in order to intimidate those with whom its leaders disagree.

Just a few weeks ago it seemed beyond the pale when a member of the state committee, Deborah Martell, wrote emails in which she said she was “sickened” that a gay Republican candidate for Congress, Jeffrey Sossa-Paquette, had adopted children along with his husband.

Since then, the party has targeted a Drag Queen Story Hour at the Plymouth Public Library under the caption “Is this really the new normal?,” republishing the library’s phone number on its public Facebook page just in case anyone wants to, you know, express their constitutionally protected views. And last week the party revealed the shocking (!) information that Emma Platoff, a recently hired Boston Globe reporter who’s been covering the party’s meltdown, is a registered Democrat.

“The Boston Globe’s nonstop negative portrayal of Massachusetts Republicans sure makes sense now,” wrote party chair Jim Lyons in an email to members. “Today I learned that the reporter assigned to cover us is a registered Democrat. Journalists, registered as members of the Democratic Party, working in news media, covering Massachusetts Republicans. Well, knock me over with a feather.”

For more details, I refer you to this Twitter thread by Ed Lyons, a political activist from the moderate wing of the Republican Party. As Lyons shows, the GOP makes it appear that finding out Platoff’s party affiliation was as easy as plugging her name into an online form in Connecticut, where she used to live. In fact, you also have to enter someone’s date of birth and town or city of residence, raising the possibility that confidential information was used improperly in order to discover that she’s a Democrat.

Now, a few words about a reporter declaring a party affiliation. It’s no big deal. Ethical codes would forbid a journalist from serving as an active member of a political party by, say, serving on a city or town committee. We can’t make political donations, put political signs on our yards, or take part in any other partisan political activity. But a party affiliation is meaningless. We can declare ourselves as Democrats, Republicans, independents, Greens, whatever. We can vote, although some journalists choose not to.

Up until 2000, I was a registered Democrat. I switched my party affiliation to “unenrolled” that spring so I could take a Republican ballot in the presidential primary. I decided I liked it and never switched back. But it made no difference in how I reported on politics.

It appears that Lyons and company are attempting to intimidate Platoff, just as they were attempting to intimidate librarians in Plymouth. The goal is to divert attention from their descent into Trumpism.

From time to time I tweet a humorous (but serious) message that it’s time for Gov. Charlie Baker to leave the Republican Party. To his credit, he’s been critical of the Lyons wing. But he needs to say and do more.

Salem mayor calls for the Legislature to be covered by the open meeting law

Salem Mayor Kim Driscoll. Photo (cc) 2020 by the office of Gov. Charlie Baker.

Well, isn’t this a lovely surprise on a Monday morning. Salem Mayor Kim Driscoll has written an op-ed piece for The Boston Globe calling for an end to the state Legislature’s exemption from the open meeting law — a law that requires virtually all city and town boards and many state commissions to conduct their business in public. It’s a bit too late for Sunshine Week, but we’ll take it. Driscoll writes:

If 351 cities and towns can adopt budgets, engage in policy debates, hire and evaluate staff, and create local laws — all while meeting the rightly rigorous standards of the Commonwealth’s Open Meeting Law — there is no valid reason why our state colleagues cannot do the same.

Driscoll also notes that Massachusetts is one of only 11 states whose legislature is exempt from open meeting laws.

Similarly, the Legislature and the courts are exempt from the state’s public records law, and a succession of governors, including Charlie Baker, have claimed that their immediate staff is exempt as well.

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Last fall, our Northeastern journalism students contacted all 257 candidates for House and Senate seats and asked them whether they would support ending that exemption. Sadly, only 71 responded despite repeated emails and phone calls; but of those who did respond, 72% said they favored applying the public records law to the Legislature.

As with the open meeting law, Massachusetts is an outlier: it is one of only four states whose public records laws do not cover legislative proceedings.

The central argument Driscoll offers is unassailable. If cities, towns and state agencies can comply with the open meeting and public records laws, so, too, can the Legislature. It’s long past time to drag the proceedings of the Great and General Court out into the sunlight.

Charlie Baker’s missed opportunity

Walt Whitman in 1863. Photo via the Smith Collection / Gado / Getty Images.

I thought Gov. Charlie Baker missed an important opportunity at the end of his State of the Commonwealth speech Tuesday night. Instead of calling out those among his fellow Republicans who’ve decided to support Donald Trump’s deadly insurrection, or announcing that he’s leaving the Republican Party to become an independent or to start something new, he — what?

Besides putting COVID in the rear-view mirror once and for all, my biggest wish for 2021 is for all of us to take Walt Whitman’s charge to heart. Be curious — not judgmental.

This was preceded by “Before I close, I want to offer some thought on the mood of the nation and the events of the past year.” And then he went into a long spiel about “Saturday Night Live,” social media and Walt Whitman. To put it mildly, he failed to deliver on the expectations he had raised. And it’s OK to be judgmental about a failed coup attempt.

Poynter shines a light on GBH News series about minority businesses and state spending

Gov. Charlie Baker. Photo (cc) 2020 by Josh Qualls / Governor’s Press office.

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Poynter has rounded up some of the highest impact local stories of 2020 — and among them is “The Color of Public Money,” a series produced by my friends at GBH. Paul Singer, investigations editor for the GBH News Center for Investigative Reporting, recounts his work revealing that the state had failed to live up to its promises in helping minority-owned businesses. Singer writes:

We first established that the value of state spending with minority-owned businesses has DECLINED over the past 20 years (adjusted for inflation). We then established that during Baker’s administration, the state began padding those numbers, taking credit for a bunch of stuff that is not actually “spending” by state agencies.

As a result of Singer’s work, Gov. Charlie Baker created a new state agency and has promised improvements.

Other stories in the Poynter roundup include secrecy over inmate deaths in Montana, a foundation in Miami that provides bloodhounds to law-enforcement agencies, a motorcycle gang that incited violence at a Black Lives Matter rally in Ohio, child hunger in West Virginia, and fake news about a bus in Columbus, Ohio, that was falsely claimed to have been used by rioters.

The Poynter roundup underscores the importance of local and regional journlism. National news organizations like The New York Times, The Washington Post and The Wall Street Journal are doing well, but community news is shrinking. During these final two days of 2020, I hope you’ll consider a donation to NewsMatch, which will double what you give to support nonprofit news. I gave earlier this week.

This year, NewsMatch added a new feature — rather than trying to figure out which nonprofits you want to support, you can just give to NewsMatch and let them figure out where your dollars can be put to the best use.

COVID Diary #5: Gov. Baker gives the go-ahead for houses of worship to reopen

St. Nicholas Church, Transylvania, Romania. Photo (cc) 2014 by fusion-of-horizons

We’re living through a historic moment. Following the lead of many others, I’ve decided to start keeping a COVID-19 diary. Don’t expect anything startling — just a few observations from someone stuck at home, lucky to be working and healthy.

Every Sunday evening for the past couple of months, we get together with three other couples from our church via Zoom. Our church has been holding virtual services on Facebook Live, YouTube and local access. They’re doing a great job, but the audio is less than optimal and, needless to say, being together is the main reason why most of us attend services.

Last night we started talking about what church might look like as the shutdown starts to ease. Our 10 a.m. service tends to be cheek-by-jowl. How could we maintain social-distancing? Would we go?

A short time later we got a partial answer. According to new guidelines from Gov. Charlie Baker, houses of worship will be allowed to open as long as they are at no more than 40% capacity. Those attending will have to wear face masks and stay at least six feet away from anyone who isn’t a family member. I would imagine that singing and communion will be banned, too.

This strikes me as pushing the envelope. We attend an Episcopal church, and according to our diocese, churches will remain closed until July 1. I take that as a date when we will reassess, not necessarily reopen. My other denomination is Unitarian, and the Unitarian Universalist Association is telling congregations that they should be prepared to be closed until May 2021.

Through this crisis, Gov. Baker has taken a cautious, data-based approach, but this feels like giving in to loud voices among the religious community who want to reopen regardless of the health implications. I’ll be interested to see what medical experts have to say, but we’ll be sticking with Facebook Live for the foreseeable future.

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