Public Defenders
Man accused of fatal shooting after release on unrelated charges because of lack of appointed lawyers
A Boston man has been charged with murder less than a month after unrelated charges against him were dropped because of a lack of court-appointed lawyers. (Image from Shutterstock)
A Boston man has been charged with murder less than a month after unrelated charges against him were dropped because of a lack of court-appointed lawyers.
The suspect, 29-year-old Javon K. Robinson of Boston, is accused of fatally stabbing a man Saturday night.
The Boston Globe, NBC Boston and the Boston Herald have coverage.
Prior charges against Robinson—carrying a dangerous weapon and possession of Class A drugs—were dismissed Oct. 25, the Boston Globe reports. The charges stemmed from allegations that Robinson threw a knife in a sewer after one of his acquaintances stabbed a man outside a Dunkin’ restaurant, according to NBC Boston.
Robinson is among the defendants benefiting from the so-called Lavallee protocol, imposed by the Massachusetts Supreme Judicial Court after court-appointed lawyers stopped accepting cases in late May to protest low pay.
The emergency protocol requires the release of indigent defendants in custody for seven days without a lawyer and the dismissal of charges against defendants who don’t have legal representation for more than 45 days. The dismissals are without prejudice, meaning that charges can be reinstated when an attorney is appointed.
The Suffolk County district attorney in Massachusetts sought to reinstate the prior charges against Robinson on Oct. 29, but there was no action taken, the Boston Globe reports. He previously served time in prison after his conviction on federal drug charges.
Court-appointed lawyers were making $65 per hour, which is below the rates in neighboring states, when they stopped accepting new cases. Lawmakers approved a $20 pay raise over two years in August, but many are still declining new representations, the Boston Herald reports.
Lawyer Michael L. Tumposky is representing Robinson in the murder case. In an email to the Boston Globe, he said his client “denies that he committed any crime and looks forward to his day in court.”
Tumposky said the previous charges were dismissed under the protocol adopted by the Massachusetts Supreme Judicial Court.
“The parties solely responsible for the shortage of attorneys are the folks on Beacon Hill who have refused to allocate sufficient funds to pay those who fight to protect a critical and constitutionally guaranteed right, the right to a zealous defense,” Tumposky told the Boston Globe. “More defendants will be released and more cases will be dismissed until our elected officials take appropriate action to resolve this crisis.”
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