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‘Justice
Delayed’ Is ‘Justice Denied’
Howard Trial Delayed ... Again
State Delays
Required Trial
On Purpose; Keeps Baby Girl
March
16, 2001
Two
lawyers for the Howard family sat in the crowded hallway of the
Lowell court on Tuesday from 9 a.m. until 1 p.m. before being
told to come back again two days later.
Attys.
Chester Darling and Greg Hession didn’t go there for the trial
which would decide whether the two-month-old baby was legally
taken by the state. Such a trial is required by state law within
72-hours after the child was taken. She was seized from the parents
on February 14.
The
parents’ lawyers were there because the DSS lawyers are arguing
that the lawyer for the father, Atty. Hession, should not be allowed
to represent him because he once represented both father and mother
until DSS forced her to get a new lawyer against her will.
Atty.
Darling had to drive from Boston and Hession from near Amherst.
“We
were there because of the wild-eyed zealot lawyers from DSS,”
Darling told MassNews. “We were packed like sardines into a stuffy,
hot hallway. It was oppressive.”
The
70-year-old civil rights lawyer who won the St. Patrick’s Day
Parade case in the U.S. Supreme Court by the rare vote of 9-0
after being turned down by every state and federal judge who ruled
on the case except for one, is not shown any professional courtesy
in our courts.
The
state also had to pay DSS lawyers plus another lawyer who has
been appointed as guardian for the baby and another who has been
appointed for the mother. Therefore, five lawyers were paid to
sit all morning, three by the state and two by the Howards.
In
the usual case, the parents would have had to pay both Darling
and Hession for their wasted time at the court and traveling,
but they are donating their time.
The
question about whether Atty. Hession should be disqualified is
now scheduled to be heard today. The actual 72-hour trial is not
scheduled until April 10.
Observers
say this is typical of the way that 72-hour hearings go, often
taking years before they are held as required by law, and sometimes
they are never held – even though the state keeps possession of
the child during this entire period. They have no desire to hold
a trial and every reason to delay it.
The
Howards tell MassNews that neither of their lawyers are rich and
have families to support. Tax-free contributions to the Howards
for their lawyers should be sent to either
Chester
Darling
Citizens
for the Preservation
of Constitutional Rights
306 Dartmouth St.
Boston, MA 02116 617-536-2050 |
Gregory
Hession
Family Legal
Services
PO Box 1099, Belchertown, MA 01007. 413-323-7508 |
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