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Hispanics and the Law in Massachusetts

Hispanics and the Law in Massachusetts. College of the Holy Cross March 27, 2008 Class 9: Civil Rights Robert LeRoux Hernandez, Instructor. This class. Review the effects of the “greaser” stereotype Crime and law enforcement The civil rights act Civil litigation Lawyering

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Hispanics and the Law in Massachusetts

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  1. Hispanics and the Law in Massachusetts • College of the Holy Cross • March 27, 2008 • Class 9: Civil Rights • Robert LeRoux Hernandez, Instructor

  2. This class • Review the effects of the “greaser” stereotype • Crime and law enforcement • The civil rights act • Civil litigation • Lawyering • Civil procedure and the courts • Civil trials • Juries • The Press

  3. Bender • Greaser Act • Sleepy lagoon incident • Zoot suit riots

  4. Bender: Images • Latina/os criminally inclined • Thieves • Violent • Gangs • Weapons • Suppliers and users of illicit drugs

  5. Adia • Hispanic beliefs about the police and the legal system

  6. Somerville MA • Most densely populated municipality in New England • Most dense in the United States outside the New York - New Jersey metropolitan area • 2000 census, the city had a total population of 77,478

  7. Somerville MA • mix of blue collar Irish-American, Italian American and Portuguese American families throughout city; • immigrant families from Brazil, Haiti, El Salvador, in East Somerville, • from South Korea and India in Union Square • college students and young professionals, near Cambridge, or near Tufts University

  8. Somerville MA • Residential property values approximately quadrupled from 1991 to 2003 • stock of rental housing decreased as lucrative condo conversions become commonplace • Tensions between long-time residents and recent arrivals • problems of working-class families such as drugs, gangviolence and suicides

  9. Somerville MA • Anti-"yuppie" graffiti • Economic clash between several areas of the city of Somerville and Boston and Cambridge • Culture of anti-intellectualism and anti-gentry sentiment spans many generations • petty crime and violence against outsiders.

  10. Parts of the Story • The events of October 8, 1994 • The criminal prosecutions • The civil litigation • Intake • The complaint • Discovery • The trial • Aftermath

  11. Somerville MA-October 8, 1994 • Christopher Mittell, 21 • German Alfonso,22 • John Bossi • James Hyde • Christopher Ward • John Aufiero • Timothy Doherty • Michael Henderson • Joseph Spear

  12. Who was involved? • Plaintiffs • Defendants • Witnesses • Lawyers • Judges • Jurors • The Press

  13. Night Games

  14. What happened at Night Games • Why were they there? • Who was Michael Henderson? • Where were the police? • How did Mittell and Alfonso become involved? • What happened to them and why?

  15. Detention • Arrest • Transportation • Jail cell • Booking • Charges • Release

  16. Criminal prosecution • Somerville District Court • Arraignment • Transfer to Cambridge • Pretrial procedures • Getting the verdict

  17. Civil litigation • Seeking representation • Choosing clients and cases • Permeation of stereotyping • Contingent fee cases • The Civil Rights Act: 42 U.S.C. sec. 1983 • Individual and municipal liability • The blue wall

  18. Civil Litigation • The complaint • Service of process • The answer • Federal Court • Discovery • Interrogatories • Requests for documents • Depositions

  19. Depositions • Statements under oath • Transcripts • Video depositions • Use at trial

  20. Discovery • The Somerville Drug Unit • Bossi and Hynes • Tim Doherty • Michael Henderson • The cover-up • Police log • The Henderson pictures

  21. Strategies • Finding the fissure • Cornering Henderson • City delays • Early Electronic discovery • Prior cases • Settlement vs. Trial

  22. Politics • City politics: • Michael Capuano • Joe Curtatone • Police politics • State politics: • Reilley • Harshbarger

  23. The Trial: Jan. 10-Feb. 8, 1999 • The Judge • The jury: Voir dire • Pretrial motions on lost evidence • Plaintiff’s case • Henderson recants • Doherty sings • The defense • The charge • The verdict

  24. Verdict & Post-trial • Punitive damages • “No injuries” • Disbelief of plaintiffs • “financial gain” • “Why were they in Somerville, anyway?” • Minimal damages • Municipal liability left pending • Settlement • Fee petition

  25. Significance? • Damages: making plaintiffs whole • Punitive damages • Notches against perps? • Very stressful trial • Publicity about • racism • police misconduct • Somerville • The press • Future conduct?

  26. Civil Rights and Civil Liberties • Law as mediator of social conflict • Justice and ethnicity • The cost of justice • Shedding light on social problems • Image and the law • The long term • Latinos and the law in Massachusetts

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