Polito Fights for Melanie's Law

March 22. 2008 12:18AM

Polito, AG clash over Jessica’s Law

By John J. Monahan TELEGRAM & GAZETTE STAFF
jmonahan@telegram.com


BOSTON— The state’s leading supporter of a new law for stiffer mandatory minimum sentences for child rapists and the top law enforcement official in Massachusetts clashed this week over the Legislature’s reluctance to pass the bill adopted in many other states, known as Jessica’s Law.

State Rep. Karyn E. Polito, R-Shrewsbury, fired off statements criticizing Attorney General Martha Coakley after Ms. Coakley made comments outlining her concerns that the proposed law could work against prosecutors trying to lock up violent pedophiles.

The attorney general said the proposed law would limit the state’s ability to get plea agreements in cases where prosecutors may face difficulty gaining a conviction through a trial.

“If Jessica’s Law is enacted in Massachusetts, the practical effect of such a law will be that more pedophiles will escape conviction,” Ms. Coakley said.

“Having spent a long career investigating and prosecuting child abuse cases, I know that sexual predators are dangerous and should be investigated, prosecuted and jailed when found guilty of a sex crime,” Ms. Coakley said. However, in many cases, she said, young children cannot testify, are unable to testify or may not perform well before a jury. Also, she said, in many cases there is no physical evidence on which to base a trial prosecution.

“My concern with regard to Jessica’s Law is that any defendant facing 25 years in jail will opt to go to trial, knowing full well that if the victim cannot testify, or does not convince beyond a reasonable doubt, he will go free,” she said.

Ms. Polito, who has sponsored legislation to enact the law here, sharply criticized the attorney general over the comments.

“I am extremely disappointed to hear it reported today that our highest elected law enforcement official, Attorney General Martha Coakley, has publicly denounced Jessica’s Law, a bipartisan measure that would better protect children from violent sexual predators,” Ms. Polito said yesterday.

She said Massachusetts is one of only seven states that have not adopted laws similar to Jessica’s Law, named after a child rape case in Florida that gave rise to similar legislation there. Ms. Polito said the law “would keep dangerous sex offenders who prey on children behind bars with a mandatory minimum sentence.”

She argued it would be one more tool to help prosecutors dealing with what she called “the most dangerous sexual predators” and would help drive up the average 3- to-5-year sentences from plea bargains in child rape cases involving “lenient judges.”

“Massachusetts, and especially our attorney general, should seize every opportunity to protect our children,” Ms. Polito said.

Ms. Coakley countered that the proposed law could misfire on those trying to protect children and that “more pedophiles will escape conviction” if the law is passed.

“Although Representative Polito’s intent in public safety is commendable, in my view this particular statute does not accomplish that goal and will in many instances be counterproductive,” Ms. Coakley said.

The bill is one of several on child rape laws pending before the Legislature’s Judiciary Committee.