Author Archive
Wednesday, June 30th, 2010
By Maggie Mulvihill, Sarah Moffit and Carroll Cole
Nearly a year after Harvard scholar Henry Louis Gates Jr. was arrested for disorderly conduct at his Cambridge home, a special panel of law enforcement experts and academics released a 60-page report today stating the arrest was avoidable.
“This incident could have been resolved quickly and peaceably,” said Chuck Wexler, Executive Director of the Police Executive Research Forum and a member of the 12-member Cambridge Review Committee.
President Barack Obama, a Gates’ friend, said last year the Cambridge Police “acted stupidly” in arresting Gates.
The criminal charge was dropped by the Middlesex District Attorney’s office within days of the incident.
The review committee was formed by Police Commissioner Robert C. Haas following the July 16, 2009 arrest of Gates, a prominent black professor. Gates claimed the white sergeant, James Crowley, who arrested him did so because he was black. At the time, Crowley was responding to a 911 call about two men possibly breaking into the house.
The committee’s report also backs up findings released earlier this month by the New England Center for Investigative Reporting demonstrating the Cambridge Police have had no pattern of racial bias with disorderly conduct arrests within the past five years.
Wexler said while race did factor into the Gates arrest, issues such as class and police authority also came into play during the encounter between Crowley and Gates.
Gates has declined requests to be interviewed by NECIR. His attorney, Harvard Law Professor Charles J. Ogletree, is currently promoting a book entitled: “The Presumption of Guilt: The Arrest of Henry Louis Gates Jr. and Race, Class, and Crime in America.” In the book, Ogletree compares the Gates arrest to the 1991 beating of Rodney King in Los Angeles, which led to race riots. He has acknowledged he never reviewed arrest data from Cambridge police nor did he interview Cambridge Police officials or Crowley before writing his book.
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Wednesday, March 3rd, 2010
Last week marked the first of what we hope will be many future collaborations with other investigative reporting centers forming around the country. NECIR was a founding member last summer of the Investigative News Network, a coalition of a growing number of non-profit watchdog journalism groups. The campus sexual assault project, led by the Center for Public Integrity, was the first to be tackled by INN members. Take a look at the companion stories that were published by our investigative reporting colleagues.
http://www.publicintegrity.org/investigations/campus_assault/related_stories/
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Friday, January 29th, 2010
New Englanders! Help us follow the money “Super Bowl” style:
Super Bowl Sunday is a just week away. Which New England politicians are getting coveted tickets as a perk of holding office? Help us track that information by lending a hand to our journalistic colleagues at ProPublica with their online SuperBowl project. They are carefully tracking who is going to the game and how they got their tickets. We have Massachusetts covered but we need help with the other New England states. You pay the politicians’ salaries; you deserve to know who is providing them with perks.
All the information to help dig out this information is here: http://www.propublica.org/ion/reporting-network/item/super-bowl-blitz-which-congressmen-are-getting-super-bowl-perks-126.
If you can help out here are a few simple suggestions:
1. Call your local politicians, including members of Congress, and ask the following two questions: Did the lawmaker go to the Super Bowl last year and is he or she planning to go this year. If yes, who provided the tickets? Again, our reporters have Massachusetts covered. Please help us with Maine, Rhode Island, Connecticut, Vermont and New Hampshire.
2. Get the name of the person you spoke with, including the correct spelling. Receptionists are not going to know the answer to this question. You make need to talk to the lawmaker’s scheduler or even the chief-of-staff. If you encounter obstacles, note that information down. You are a constituent and are entitled to this information.
3. Email New England Center for Investigative Reporting Associate Director Maggie Mulvihill at mmulvih@bu.edu with the name of the person you spoke with, the date and time you spoke with them and what information you obtained. We’ll be creating an online chart of who is going and you’ll get credit in that chart, which we’ll be sharing with ProPublica.
Tuesday, December 22nd, 2009
One of the most troubling consequences of the cutbacks in local political journalism means our elected officials get a pass when it comes to public scrutiny. But a new transparency project being unveiled next month by the smart minds at Commonwealth Magazine should help to counter that trend. “Full Disclosure” has already gotten off the ground with an innovative database of 300 ethics disclosure forms that local officials in Massachusetts must file with the State Ethics Commission. They have for years existed electronically but instead the commission required you to appear at the office, fill out a request, pay $1 for a copy and wait for the official to be notified someone is seeking their disclosure information. Then you can have the paper copies. It has been a cumbersome and outdated system that the Commonwealth team, led by longtime investigative reporter Jack Sullivan, has thankfully put out of business.
The Statements of Financial Interest are available at Commonwealth’s Magazine’s website for the more than 300 officials, including all members of the Legislature, the constitutional officers, the governor’s cabinet, selected state policymakers, and elected and appointed county officials. They detail an official’s outside income, real estate, and business holdings. Commonwealth has also posted per-diem travel, meals and lodging stipends paid to state lawmakers year round here in an Excel spreadsheet ; Both databases contain important information for citizens to have as they make voting decisions and great detail for journalists working political stories.
The “Full Disclosure” project promises to be a real public service – one the traditional news organizations in the area have not yet provided. That’s why we are adding their inaugural databases to our list of essential reporting tools. As it expands with new tools we’ll update you. Meanwhile, check out more information about the project at Commonwealth’s website: http://www.massinc.org/index.php?id=749&pub_id=2498&bypass=1
Posted in The Right to Know | 2 Comments »
Saturday, October 3rd, 2009
Recently we told you about how to obtain a court document that has been “impounded” – or temporarily sealed from public view – in Massachusetts. The issue arose when a court clerk denied one of our students access to a court record without explanation. In Massachusetts, when a court record is sealed in state court, the judge must issue a written order specifying why the record is being sealed and for how long. Here is the link to the Uniform Rules of Impoundment. To obtain an impoundment order in Massachusetts: http://www.lawlib.state.ma.us/source/mass/rules/tc/impoundment.html
But it turns out getting access to impounded records in other New England states is not as clear. There are no written rules in Maine, Vermont or Rhode Island guaranteeing the public access to a judge’s reasons for impounding court records.
“I have never seen an order that would require that the reason be made public,” said John Barden, director of the Maine State Law and Legislative Reference Library. Barden said documents may be sealed indefinitely if the court deems it appropriate. Barden said the public can make a motion in court to examine the records in accordance the Maine Rules of Civil Procedure (See Rule 79(b)(2) at http://www.courts.state.me.us/rules_forms_fees/rules/MRCivPONLY9-09.pdf).
Similarly, Vermont has no statute or rule akin to the Massachusetts rule. “To my knowledge we do not have that. A record that is sealed or expunged or whatever other method that conceals it is really totally concealing it,” said Renny Perry, Director of Trial Court Operations in Vermont.
In Rhode Island, Colleen McConaghy Hanna, the Deputy Law Librarian of the Rhode Island State Law Library, found no state rule or statute either guaranteeing the public a right to know why a court record was sealed.
Fortunately not all New England states make the public work as hard to find out how to gain access to impounded court records. For journalists and the public in New Hampshire and Connecticut, the relevant rules that require public access to the reasons a court record is sealed can be found at:
-Rules of the Supreme Court of New Hampshire:
http://www.courts.state.nh.us/rules/scr/scr-12.htm
-Connecticut Practice Book: http://www.jud.ct.gov/Publications/PracticeBook/PB1.pdf
See Chapter 7-4B, Chapter 11-20A(d), Chapter 25-59A, Chapter 42-49A
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Friday, September 18th, 2009
You – the Massachusetts taxpayer – cannot know all the disciplinary actions your banking regulators take against brokers and lenders. They are secret. Hundreds of them over the past few years.
That’s what NECIR-BU and its media partners reported Monday in our multi-media stories about Massachusetts banking regulators. Our investigation shows Massachusetts ranks last among New England states when it comes to taking public punitive action against brokers and lenders during the current housing crisis.
The Division of Banks claims that having the ability to privately sanction a broker or lender who isn’t following the law actually makesthe process work better for the public. It is less “adversarial” and the licensed entity might be more willing to modify its behavior if it isn’t going to be publicly named, according to the Division’s Chief Operating Officer David J. Cotney.
But Massachusetts is the only state in New England which has such a two-tiered system – public sanctions and “secret” – or as the division calls them – “informal” sanctions.
Not only are the actual steps taken by regulators to encourage the broker and lender to straighten up secret, but even the names of those licensees are not made public, even if they are repeat offenders.
This is true despite the fact that taxpayers fund the probes resulting in the “informal” actions. The entire agency – which just got a legislative budget increase to do more enforcement – costs taxpayers about $12 million each year.
If it is so effective and is good public policy, as Massachusetts regulators claim, to keep informal actions secret, then why aren’t our neighboring regulators following suit?
Especially now as banking regulators acknowledge bad practices by brokers and lenders contributed to the current foreclosure crisis, it seems it’s time to lift the veil of secrecy. We have the right to know – really a responsibility as taxpayers footing the massive mortgage crisis bill – to know what brokers and lenders were cited for – and why it isn’t public.
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Thursday, August 20th, 2009
Today marks the start of our bi-weekly “The Right to Know” blog aimed at shining a light on public records: how to get them, what to do when you are denied and what to use them for. We’ll give particular attention in this blog to the obstacles government and other institutions place in the way of journalists seeking public records and how to overcome those obstacles.
THE RIGHT TO KNOW
One of the main missions of NECIR-BU is to provide journalists of all stripes – including students and citizen journalists – the tools to help research and write investigative stories. Among the most basic of these is knowing your state law on sealing court documents. A student of ours was recently denied a court record by a clerk without being told why, for how long and under what authority. We advised our student to immediately request the impoundment order from the court clerk – which in Massachusetts must be in writing, specify precisely why the case is being impounded and have a specific start and end date. The U.S. Supreme Court has made very clear that court records are public unless the court can specifically demonstrate why they should be closed. The impoundment order is without question a public record – no matter if you are at the district court level or your state’s highest court. Always ask the court clerk for it. If you think you are going to encounter a problem, you might need to educate the court staff on the law. Here is link you’ll need in Massachusetts:
To obtain an impoundment order in Massachusetts: http://www.lawlib.state.ma.us/source/mass/rules/tc/impoundment.html
We’ll be adding information on how to learn about impoundment rules in the other New England states to the Reporting Tools section of our website soon, so check there often for the latest updates.
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