Rep. James Fagan (D-Taunton) On Jessica’s Law
by Matt Margolis, June 23rd, 2008 at 10:40pm
Holy moly.
The Boston Herald reported yesterday.
Critics of politics-as-usual at the State House have long railed against lawmakers who pull double duty as defense lawyers.
The issue reared its head during debates over Melanie’s Law, which toughened drunken-driving penalties and has been an omnipresent factor in ongoing discussions about toughening the state’s sex-offender laws.
Rep. James Fagan, a Taunton criminal defense attorney, recently argued on the House floor against Jessica’s Law, a measure that would set mandatory minimum sentences for child rapists.
“Let me tell you why it’s so wrong,” said Fagan (D-Taunton). “It’s so wrong because in these situations . . . that 6-year-old is going to sit in front of me, or somebody far worse than me and I’m going to rip them apart. I’m going to make sure that the rest of their life is ruined. That when they’re 8 years old they throw up; when they’re 12 years old, they won’t sleep. When they’re 19 years old they’ll have nightmares and they’ll never have a relationship with anybody. And that’s not because I’m a nice guy. That’s because when you’re in court, and you’re defending somebody’s liberty, and you’re facing a mandatory sentence of those draconian proportions, you have to do every single thing you can do on behalf of your client. That is your obligation as a trial lawyer.”
Fagan, who opposed Melanie’s Law, also criticized laws named in honor of victims, calling such measures “knee-jerk” legislation.
UPDATE 6/24/08: Mark Lunsford, the father of Jessica (the namesake for Jessica’s Law), blasts Rep. Fagan for his remarks…
“Why doesn’t he figure out a way to defend that child and put these kind of people away instead of trying to figure ways for defense attorneys to get around Jessica’s Law?” Mark Lunsford fumed, slamming recent remarks by Rep. James Fagan. “These are very serious crimes that nobody wants to take serious. What about the rights of these children?”
Lunsford, whose daughter Jessica was raped and murdered in Florida by a repeat sex offender, will be in Massachusetts tomorrow to push lawmakers to pass Jessica’s Law, which would require a 20-year sentence for rape of a child under 12. The House passed a watered-down version of the bill last week but Lunsford and other victims’ rights activists will be pushing the Senate to include mandatory prison time in the final law.
“If this bill is not going to put these people away, don’t disrespect me by putting my daughter’s name on it,” Lunsford told the Herald last night. “You have to put these guys in prison and admit these people are uncurable.”
Entry Filed under: Beacon Hill, Sex Offenders
7 Comments
1. V | June 24th, 2008 at 10:02 am
Can anyone say “conflict of interest”? This guy, as an elected official, is publicly speaking out against a legislation that would make it tougher on him in his private practice. Just whose interest is he serving here? (stupid question)
These hacks are really something else, aren’t they?
Let me see if I get this guy straight…..let’s not have this law because as a scum-bag defense lawyer, I’m going to rip up the VICTIM on the stand to save the waste of skin that I am defending…….did I read that right?
Fagan thinks that mandatory sentencing for the rape of a 6 year old is draconian? What would be acceptable to him? Let me guess……”treatment”?
I’m wondering if he has a daughter.
2. Patti | June 24th, 2008 at 9:37 pm
This person (I can not even call him a man) needs to resign!!! A child who has been raped has already had their entire life destroyed. To say he himself would destroy a child for life on the stand only proves he is as heartless and cruel as the pervert who would rape a child. This is a man that is suppose to represent the people of Massachusetts? I am sorry but he does not represent me. Resign Fagan and go line your pockets with money earned getting the satisfaction of destroying children and stop collecting money of those that want our children protected.
3. Holly Peagler-Maul | June 25th, 2008 at 12:52 pm
I just saw this clip on Foxnews.com this morning and was appalled to say the least. I agree with both comments above about conflict of interest and who is protecting first–the people’s interest that have families with children that play in their yards or the garbage that he protects. Excellent web site I might add. I am a proud member of the Bryan County Republican Party in Richmond Hill, Georgia (outside of Savannah on the coast). Keep in up!
4. Fischer: Time For “&hellip | June 25th, 2008 at 2:10 pm
[...] hubpolitics.com [...]
5. John Gatti Jr | June 26th, 2008 at 1:44 pm
Massachusetts State Representative James Fagan’s remarks relative to child rape victims is not forgivable and an outrage.
This part time legislator and big bucks criminal attorney has another moral outrage that also must be taken into consideration.
Several years ago, Fagan was appointed the House Chairman of the House Committee on Post Audit and Oversight. During his tenure, the once acclaimed committee that was a sanctuary for conscientious public employees to report waste, fraud, and corruption became a toothless entity by apparent design and neglect.
The previous Chairpersons served with distinction and were on the vanguard of in depth investigations and reports. They included Robert Cerasoli, Thomas Kennedy, and William Nagle.
Those Committee Chairs stood up to the Special Interests of the Big Dig, Massachusetts Highway Department, Consultants, Contractors, Vendors, and Contractors bilking taxpayer dollars and committing wrongdoing.
Under, James Fagan’s tenure, the good efforts were basically dismantled and never fully recovered. Fagan’s committee had so much information that went unused that eventually evaporated.
It is unfortunate to witness such a dynamic talented orator that could have been a shining beacon for the meaning of public service to have finally reached this new depth that has been once again exposed.
6. Sherry | July 1st, 2008 at 4:14 pm
WOndering if she has a daughter???? HEELLOOOOOO! Since when are all rape victims female?
7. Mike Pagliuca | October 19th, 2008 at 10:19 pm
Jim
I was just informed that in Ma we have a new method of instection for Motorhomes and Campers. I was also told that the costs are going to be 4 times of more that it has been ($29 sticker). Being retired and working till i was 62 and saving moeny so i could enjoy myself a little by traveling in a motorhome. now its getting to be a burden with the inspections. We must now be done as a commerical vehicle. This is unfair and it will be adding more cost during troubled times. The state will be making it a hardship on camp ground as some wont be able to get inspections causing them yo have less customers urt the camping supplie houses and not traveling on roads like the mass pike and paying excessive tolls. Whos is going to win. we pay must more in gas taxes as we dont get 30 miles per gallon. Put your self in our place and you wonder what the state is doing. Why are you driving us to not use the RVs. Whats have we done wrong. I will be contacting Good Sam ///AAA and open road to ask them to also have their customer complain. I understand they must have some sort of inspections but i fear we will next eeed commerical lic to drive them additional costs. if they are going to do it to the our group then do it for all and make it include all rec vehicles like atvs off road motorbikes all boating units might as well go and make sure all Docks pass inspections also. Why is mass driving people out and having them register their RVs in other states. Look what it creates,,
the voters will start moving next. thank you