Barrios to Drop Out of DA's Race?

The Boston Herald is reporting that Jarrett Barrios is dropping out of the race to be Middlesex County District Attorney. Barrios will instead run for re-election to his state Senate seat. According to the article, Barrios' spokesman declined comment yesterday, so nothing official has yet been announced.

The article sites Martha Coakley's unofficial endorsement of Barrios' rival for the DA post, Gerry Leone, as a "nearly insurmountable hurdle for Barrios." I have to say, though, that I disagree with the assessment that the Barrios campaign "stumbled" in recent weeks, particularly given how much hay the Senator was able to make over the passage of anti-gang legislation. That said, I've often wondered why Barrios wanted to jump to the DA's office when much of what he wanted to accomplish could be done from his seat at the chair of the Senate's Public Safety and Homeland Security committee.

Leone would now be the only person left in a race that once fielded as many as four official candidates with several others who were considering jumping in. This also marks the second time a candidate has dropped out mere days after I wrote a long post about them.

Under the Golden Dome had the scoop on this last night.

[UPDATE]: The Boston Globe says that Barrios himself has denied this, but other sources say that he's seriously thinking about running for re-election instead.

[UPDATE 2]: It's official. Here's Barrios' email to supporters as captured by a Blue Mass. Group poster.

Barrios: Address Root Causes

State Senator Jarrett Barrios was in Watertown last night talking to our Democratic Town Committee about his candidacy for Middlesex County District Attorney. Also present was Teddy from Sports, Politics and Revenge, who posted his thoughts there.

Barrios' message was that Middlesex County needs a DA who is not only tough on crime, but also tough on its root causes. The theme of the evening was that "justice in the future means less crime" -- and that the job of the DA is not only to put criminals behind bars, but also to create and manage public safety programs aimed at reducing recidivism. Barrios reminded us that 99.8% of those incarcerated will be back on the street eventually and it's important to make sure that they are not just going to wind up in front of a judge again.

Throughout the meeting he touted the Anti-Gang law he sponsored in the Senate and the anti-Identity Theft initiative that is currently pending.

Barrios downplayed the importance of courtroom experience for a district attorney. The DA never appears in court, he said, and leaves that to his assistants. He noted that he has as much courtroom experience -- including criminal defense work -- as Scott Harshbarger did in 1982, and more than now Congressman Bill Delahunt (D-Quincy) had when he was appointed Norfolk County DA in 1975. Some of the most creative ideas, Barrios claimed, often come from those who have never been prosecutors since they are coming from outside the system and can offer a different perspective.

When asked about the biggest problem facing Middlesex county, Barrios pointed to drug addition and substance abuse. He noted that in these cases we need to deal with the underlying problem of addiction, otherwise the offenders are almost certain to repeat. He pointed to the drug court in Framingham and other localities as examples of a way to combine treatment and punishment for these types of offenses.

Barrios wants to frame this as a choice between a single-minded one-dimensional prosecutor and someone with a broader experience in public safety. He bolsters this argument by pointing to all the work he has done in the Senate during his tenure as Chair of the Public Safety and Homeland Security committee, particularly in working and talking with other groups to try to address the causes of crime. The implication (I thought) was that his opponent, former Assistant US Attorney Gerry Leone, is not interested in such collaboration. Frankly, I don't think that this is quite fair to Leone, and ignores his own history of bringing groups together to stop crime, particularly his work in the Community Based Justice program at the DA's office. This, I think, underscores the difference between the two candidates. Barrios is already fairly well known for a state Senator, and as such, he's free to talk about what he'd do as DA. Leone is still introducing himself to the voters, and he has focused more on his resume than what his plans are, leaving his opponent to fill in the blanks. Now, Leone's resume may be enough to win him the election by itself, but my feeling is that if he is not able to get his message out, Barrios will gladly do it for him.

As an aside, I've spent a lot of time recently looking over 1998 election returns and in that year Martha Coakley, who had previously lost a state rep bid but had no other experience in electoral politics, won every town in Middlesex County and lost only in Lowell (by a handful of votes) and Cambridge. She was running at the time against two well-connected Democrats in the primary, then and current Cambridge city councilor Michael A. Sullivan, former mayor and candidate for Middlesex County Clerk of Courts, and Timothy Flaherty, son of former Speaker of the House Charlie Flaherty. I was not in Massachusetts at that time, so I can't speak as to how that campaign unfolded, but it seems to me that those results show that it takes, or at least took, more than political connections to win Middlesex County DA.

Meeting With Gerry Leone

Yesterday, I had the opportunity to sit down with Middlesex County District Attorney candidate Gerry Leone, along with David from Blue Mass. Group and Bill from Under the Golden Dome. It looks like the others have not yet posted their impressions from the meeting yet, but I'll be sure to link to their thoughts once they put them up.

This was the second time that I heard Leone in his own words, and the first time I heard him explain why he wanted to leave the US Attorney's office and run for DA. He said that he's been the number two prosecutor in the District Attorney's office, the Attorney General's office, and then as the First Assistant US Attorney. "It's time for me to coach the team," he said, adding that he wanted to make his mark on the office.

Leone emphasized his ability to bring different groups together, starting with his work with the Community Based Justice Program when he was in the Middlesex County DA's office, to his work as an anti-terrorism coordinator in the US Attorney's office. He claims to be uniquely suited to continue to do this as DA, since he has experience as a prosecutor at the county, state and federal levels, particularly dealing with the egos and turf battles that come with the territory.

I asked his opinion on the new Boston gun court. He said the gun court was a good fit for Boston because it would provide immediate consequences for violence, whereas the old system's backlog of cases meant that defendants might be out on bail for years before going to trial. Leone indicated that once the backlog was cleared out, they might not need to continue the program. It's more important for the DA's office to be flexible than to commit themselves to prioritizing at this level.

Leone expressed frustration that he's been characterized as a conservative and a "Bush Lawyer," saying that many of his former associates at the US Attorney's office would bristle at that description, despite the fact that they are in the Department of Justice. He pointed to the progressive programs he's implemented or helped expand in the past, particularly the Community Based Justice program and the Diversity Hiring program. This is the danger of running for office without a public record. If you're not careful, your opponent can define you before you get a chance to define yourself.

Leone is behind on fundraising right now, but has been keeping pace with his main opponent, state Senator Jarrett Barrios. His challenge will be getting his side of the story out despite having lower name recognition and less money. I'm glad he's reaching out to the blogs as a part of that strategy.

Festa Drops Out of DA Race

If, like me, you spent most of the weekend outside with a shovel, then you may not know that on Saturday, Rep. Mike Festa has withdrawn from the Middlesex DA race. I can understand why, since he got a late start on fundraising and was significantly behind both Sen. Jarrett Barrios and Gerry Leone who remain in the race. Not only that, but it seemed as though he was competing for the same voters as Barrios and that, I'm sure, made fundraising all the more difficult. Festa will instead run for reelection.

Both the Barrios and Leone campaigns released statements yesterday. Here is the Barrios statement:

"Representative Festa has long been a leading progressive voice in the Legislature and in his community. The support he received throughout Middlesex County proves that. In the Legislature I have been honored to work with him for marriage equality, affordable prescription drugs and crime prevention initiatives. In his new role as the Chair of the Criminal Justice Board of Directors, I know Representative Festa will continue to be an active voice in our state for sensible criminal justice policy. I look forward to working with him to make our communities safer."

And here is the statement from the Leone campaign:

"I applaud Mike on the spirited campaign he built and his contributions to his community as a committed and dedicated legislator and attorney. I hope Mike will continue to apply his talents, in ably and effectively representing his district as an impassioned voice for the communities of Melrose and Wakefield. Mike's efforts in the state house and his legislative contributions to criminal justice policy on both a local and national level are to be commended and, as the next District Attorney for Middlesex County, I would be eager to build a working partnership with him in the spirit of keeping our communities safe."

Today's Globe has a story on the DA's race that's a good summary of the contest as it stands today.

Middlesex County DA Forum

I just got back from the Middlesex County DA candidates forum at Suffolk University Law School in Boston. Andy from Mass. Revolution Now was also there, and hopefully he'll share his thoughts as well. The event featured all three candidates for Middlesex County DA, state Senator Jarrett Barrios (D-Cambridge), state Representative Mike Festa (D-Melrose) and former First Assistant US Attorney Gerry Leone.

The format of the event was a question and answer session, where each candidate was asked a different question. I think it would have helped draw a contrast between the candidates if they each had to answer the same questions. That would have made it more like a debate rather than a panel discussion.

First, a couple of impressions. I was impressed by all three candidates, and I think any of them would make a great District Attorney. This was the first time I'd heard Gerry Leone at all, and he certainly stressed his prosecutorial experience. He stressed the role of the DA to speak for those who can no longer do so, and rattled off a list of murder victims whose killers he brought to justice. The implication was that if such a crime ever happened to your family, you'd be glad he was the DA. He also touted his record in increasing diversity during the time he was responsible for hiring at the Attorney General's office and the US Attorney's office.

Leone also said something I didn't expect from him. He was asked about a shortcoming of the current DA's office, and he suggested that if he were DA, he'd have a post 9/11 summit. The problem, he said, was that resources were not being allocated in a smart way since the 2001 attacks, and that there needed to be multi-agency collaboration to improve this. As an example, he pointed out that 2/3 of the FBI agents in Boston are dedicated to anti-terror efforts, and since the total number of agents has stayed the same, there are fewer resources available to investigate other types of crime.

Barrios had to leave early, but he touted his work with the Senate Public Safety and Homeland Security committee. He also stressed that the job cannot be limited to just prosecution, but also needs to address the root causes of crime. That is, it's not just enough to be the DA in the courtroom, but you had to use your influence to reduce the causes of crime. He also spoke out against mandatory minimums for first time nonviolent drug offenders, since if an addict has no opportunity for parole, he has no incentive to enter treatment programs, and is therefore more likely to re-offend.

Festa again mentioned how the DA's job is one that's both professional and political, and he has experience in both worlds. Festa was asked about Criminal Offender Record (CORI) checks, and stressed that law enforcement should have access to those records, but others are not necessarily trained to read them. This can be a problem for non-violent offenders trying to reintegrate into society after they've paid their debt. Festa also was asked about how he would prevent gang violence. He talked briefly about his time in Somerville combatting the Winter Hill gang, and mentioned the importance of community involvement in anti-gang activities. In addition, Festa came out against mandatory minimum sentences, largely for similar reasons as Senator Barrios.

Thanks to the Suffolk Law Dems and the Mass. Democratic future for setting this event up. Hopefully there will be more of these in the coming months. Maybe even some of them in Middlesex County.

Lunch With Middlesex DA Candidate Mike Festa

On Saturday I was invited to lunch in Melrose with Representive Mike Festa, Democratic candidate for Middlesex County District Attorney. I was joined by one of the editors of The Alewife and a couple of Rep. Festa's aides. We discussed Festa's time as a prosecutor in Somerville and the connections he made there. We also chatted a bit about the state political scene in general before settling in on the Middlesex District Attorney's race.

Festa cited the high turnover of assistant DAs as a major problem with the current DA's office. The turnover rate results in not only a lack of institutional memory, but also a lack of continuity of service for victims and witnesses when cases get handed from one ADA to another. In addition, the ADAs end up with large caseloads, a third to a half of which tend to be routine cases such as minor misdemeanors. Those routine cases used to be handled by a police prosecutor, who now performs a mainly administrative function. If police prosecutors handle cases that don't require a law degree, the District Attorney's office can free up salary by reducing the number of ADAs and giving the remaining ones a raise. While I don't think this idea is something Festa can put on a bumper sticker, it strikes me as sensible and shows that he's thought not only about the law enforcement aspect of the job, but also the administrative aspect.

Festa's ability to speak to that administrative role is part of what he thinks will separate him from the other politically progressive candidate in the race, Senator Jarrett Barrios. While the two of them agree on many issues -- including opposition to the death penalty, community-based solutions to gang violence, and the importance of drug treatment in reducing recidivism -- Festa emphasized that, of the two, he is the candidate who has been "in the trenches" and who has "credibility" given that he's been in the system for so long. He also made the claim that his work as a defense attorney would make him an even better DA, given that he's spent the past several years scrutinizing prosecutors as part of his practice.

One of the big questions people have had about Festa's campaign is his fundraising. He mentioned that he raised $50,000 in the past three weeks, and that things have picked up since Rep. Peter Koutoujian (D-Waltham) dropped out of the race. In addition, big-time Democratic fund raiser Steve Grossman has recently endorsed Festa, and he has the potential to bring in some serious donors. At the end of the day, though, Festa admitted that he'd rather have less money and a bigger field operation than more money and no one on the ground.

I haven't decided on who I'm supporting yet in this race. I find myself facing the same dilemma as Lynne. Here's what Festa had to say to that: If you want someone who comes at the DA's job from a purely prosecutorial angle, there's one candidate in the race for you. If you want someone who comes at it with purely political experience, there's another candidate in the race for you. If you want someone with both, then he's your guy.

Middlesex County DA Roundup

When Attorney General Tom Reilly finally announces his currently unofficial gubernatorial run, he will set into motion some political dominoes, particularly in Middlesex County. Current Middlesex County District Attorney, Martha Coakley, has already announced that she's seeking Reilly's position as soon as he makes his own campaign official.

That leaves a scramble for Coakley's position as DA. As of now, State Reps Peter Koutoujian (D-Waltham) and Michael Festa (D-Melrose) along with State Senator Jarrett Barrios (D-Cambridge) have all announced that they're running, pending Coakley's decision. They would all have to step down from their current seats to do so, as would the other legislators who have been rumored to be interested in the DA's job including State Senator Cynthia Creem (D-Newton) and Reps Charles Murphy (D-Burlington) and David Linsky (D-Natick). Personally, I'm high on all three candidates. Festa gave a good speech last week and he was very friendly to me at a DSC meeting I went a few months back. Koutoujian made a good impression when I saw him at the Watertown Library groundbreaking. He is also about 20 feet tall. As for Barrios, I think that he really understands the problems with the Democratic party both here and nationally. That's kind of why I was hoping he'd stay in the Senate rather than try to move to the DA's office.

If all goes as planned, we can expect open seats in the 10th Middlesex, which covers parts of Newton, Waltham and a precinct in West Watertown; the 32nd Middlesex, which covers all of Melrose and parts of Wakefield; and the Middlesex, Suffolk and Essex State Senate district which insanely covers parts of Cambridge, Everett, Somerville, Charlestown, Allston, Brighton, Chelsea, Revere and Saugus. None of these races was competitive last year, though Mike Festa was challenged by a Republican who he beat by a two-to-one margin.

A high-profile competition for Middlesex County DA, as well as the open seats, could have repercussions for the governor's race. High turnout in Middlesex County could be good news for Tom Reilly, who's been winning elections there for years. Conversely, a strong showing by Jarrett Barrios could bring the kind of activists to the polls who might find Deval Patrick appealing. As for the general election, the impact would depend on the state Republicans and whether they field candidates -- either for DA or the legislature. Given that Romney is unlikely to want to repeat the 2004 performance of "Team Reform" and the state GOP's recent track record in the special elections, there is a good chance that several of these races could be decided long before November.