Posted on 11/26/2007 2:19:40 PM PST by Baladas
BOSTON (AP) - A Massachusetts judge was just doing her job when she freed a convicted killer now charged with murdering a newlywed couple, the chief judge of the state Superior Court said Monday in a case that has become enmeshed in the presidential campaign. Republican Rudy Giuliani has cited the case to criticize former Massachusetts Gov. Mitt Romney's record on crime. Romney, who appointed the judge, has called on her to resign.
On Monday, Chief Justice Barbara Rouse said Judge Kathe Tuttman applied the law to the facts that were before her when she made the decision to free Daniel Tavares Jr.
"Today, unfortunately, she is living every judge's nightmare: that a principled decision based on the law and the information provided to her was followed by tragic events over which she had no control," Rouse said.
In June, Tavares completed a 16-year sentence for manslaughter for killing his mother, but prosecutors tried to keep him in prison for alleged assaults on two prison guards.
A district court judge approved bail of $50,000, but in July Tuttman overturned the decision and freed Tavares on personal recognizance. Tavares, 41, fled to Graham, Wash., and was arrested last week and charged with shooting to death Brian Mauck, 30, and Beverly Mauck, 28, who lived near him.
While still incarcerated in Massachusetts, Tavares threatened to kill Romney and other state officials in a letter that was intercepted by prison officials in February 2006, Romney spokesman Eric Fehrnstrom said. Massachusetts State Police suspected Tavares might be living in Washington state and, based on the earlier threat, warned Romney before his campaign appearance there last week, Fehrnstrom said.
In response to Rouse's defense of Tuttman, Fehrnstrom said in an e- mail: "Gov. Romney appointed Judge Tuttman based on her long record both as a prosecutor and as an advocate for victims. Judge Tuttman's entire experience as a prosecutor suggested she would be a law and order judge. Her actions in this case are inexcusable."
During the hearing before Tuttman, prosecutors underscored Tavares' history of violence and asked that if he were to be released, he be monitored with a GPS device.
Tuttman declined to order a monitoring system, saying she was presented with no evidence that he was a flight risk. She ordered him freed on the condition that he call probation officers three times a week, live with his sister and work.
I'd say here was a lot of misjudging going around.
A classic!
The facts seemed pretty clear to me, prosecutors wanted him help as a risk, she disregarded their recommendations.
Yep applying law as it is done in Mass.
held not help.
Chief Justice Barbara Rouse AND Judge Kathe Tuttman should both resign.
Regards
Soft hearted women judges, she whould have taken him home.
What is it with these MA Gov’s and Judges. A Willie Hortan moment?
And, of course, when Mr. Tavares failed to do any of those things, Judge Tuttman moved heaven and earth to have him located and taken into custody.
Yeah, right.
So were the guards at Dachau.
L
And Tuttle STILL let this guy out of prison? What evidence convinced the judge he WASN'T dangerous or a flight risk? A note from his mommy saying he'd be good?
Ooops, Tuttman.
Too bad it wasn’t tutman’s family that bore the brunt of HER decision. But then, it never falls on the creep that is responsible for the prisoner’s release.
If only.........
...just as the Police who participate in "Click-it-or-Tickett"...
No chance of that, the guy just finished serving a 16 year sentence for killing his mother.
...Judge Kathe Tuttman applied the law to the facts........
blah, blah, blah.... I knew that this would be the argument to let a known killer go.....
meanwhile...Brian Mauck, 30, and Beverly Mauck, 28, who lived near him. are still dead, and all their dreams and life are gone....
Sleep well, Judge...
Thanks a whole bunch there willard.Expect the same if he was POTUS.
When judges free killers, the term of release should mandate that the killer live a few months at the judge’s house.
There oughta be a law.
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