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Thursday, May 23, 2013

By Nelson Sigelman
Published: July 2, 2009

Declaring at the outset that he would not comment directly on the Hernandez case, Brian Glenny, First Assistant District Attorney for the office of Cape and Islands District Attorney Michael O'Keefe, explained his office's view of such prosecutions.

"In any case that involves children," Mr. Glenny said in a telephone conversation with The Times last week, "the most important aspect of it, as far as the District Attorney's office is concerned, is what is really in the best interests of the child? Can you get a sentence that would be an appropriate sentence and still see that the child is not going to be emotionally harmed, then that is something we certainly want to look into.

"If you can find a way to resolve the case and not have to have the child testify I think that is certainly something that needs to be explored."

Times coverage of the Hernandez case attracted online comments to The Times website, mvtimes.com, that were often critical of what many comment posters complained was a light sentence.

Mr. Glenny said he understands that the public thinks some crimes are so heinous that they deserve the strictest penalties. "I do not think that impression is incorrect, but you have to look a little more deeper into how do you get to the point where you can get that type of a sentence," he said, making it clear he was not speaking of the Hernandez case specifically, "and would you even get that type of a sentence, say if the case were to go to trial."

Mr. Glenny discussed in general terms the process by which plea agreements are reached. He began by noting that Massachusetts law provides sentencing guidelines. "In each case," he said, "there is going to be a maximum sentence that can be allowed by the statute."

The prosecutors must assess each case's strengths and weaknesses, and then consider what would be a just resolution of the case. "Keeping in mind all the time," Mr. Glenny said, "that it is not just the facts of the case that are involved." There are other considerations, including a defendant's record of prior offenses and history of incarceration.

Another important factor, Mr. Glenny said, is the willingness of victims to come forward. A victim may be intimidated or afraid of what may happen if he or she testifies. In a domestic violence case, the prosecutor said, the victim sometimes has a change of heart by the time the case comes to trial.

In the case of children, Mr. Glenny said, a child's age or emotional or mental state, or the emotional stress of testifying as a witness against a family member must be considered.

Mr. Glenny, who is in charge of the child abuse unit, said that many times the parents or legal guardian of a child will decide that they do not want to make the child testify. In other cases, parents understand that there really is no choice and the child victim or witness must testify. "And all of that has to be taken into consideration when you are trying to reach an agreement that would be a fair disposition of a case," he said.

Often, Mr. Glenny said, the defense will offer a plea. The parent or guardian of a child, or an adult victim, may decide that it is an acceptable alternative to testifying in court. An offer to plead guilty and a victim's willingness to accept that plea are also important factors in trying to reach an agreement in some cases, he said.