Rep. James Fagan (D-Taunton) On Jessica’s Law

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.”