PAX Centurion - March / April 2013

Page 8 • PAX CENTURION • March/April 2013 617-989-BPPA (2772) Treasury Notes: “Duke” Fitzgerald, BPPA Treasurer Court notices being rescinded A s most of us are aware of now the City and the Depart- ment are trying very hard to reduce their financial exposure and reduce their costs at any expense. This is including the reduction in court costs even if the very bad guys that we all arrest are allowed to walk away free of the crimes that they have committed. Even in an unperfected world how are police officers expected to place their lives on the line and make arrests if they are not going to receive the support from the very department that wants them to go out every day and make those arrests? There is a cost to make the streets safe. If this department is not careful then it may receive exactly what it seems they want, nobody will make arrests. If the department only wants to make it appear that they are trying to protect the residents of Boston, then that needs to get out. Let the citizens know that there is no real commitment by the City to do the right thing and actually put these criminals behind bars by prosecuting them correctly and stop cutting corners just to save the almighty dollar. The point at hand is the current practice of rescind- ing court notices to the police officers who are out there day in and out thinking that they are doing the right thing. All the police officers are placing their own lives in harm’s way to get these bad guys off the streets only to find out that the department doesn’t really care what happens after they are arrested. Back on point, we the police officer act on due diligence and make arrests every day that we go to work. Then it becomes the job of the district attorney’s office to prosecute them. Just like the opening lines of Law & Order. The police department should allow the district attorneys to do their job and not interfere in the actual process of the prosecution. As part of that process of prosecution of criminal’s, the District Attorney’s office sends out notices to appear in court to the specific police officers involved in the crime that was committed. These police officers then appear in court at the time and location that they are being ordered to do so and testify to exactly what they saw and did during said arrest. As we all know, many times multiple police officers are needed in any one case to give testimony as to what they specifically did during that arrest. Police officer A cannot testify as to what police officer B did during the arrest. In that case both police officers need to receive a notice to appear in court. That is the process in which to get real bad guys off of our streets. Now, if for some reason the case is plead out, the date is changed or the district attorney decides that they do not need certain officers to testify in a case, then once again there is a process in order to cancel any one or group of police officers from showing up at court. The district attorney’s office simply rescinds the notice to appear. There is nothing to it and no cost involved. The only requirements involved is that the police officer be notified seventy two hours in advance that they are no longer needed, in writing which is the same way they were notified to appear originally, and that the notice comes from the district attorney’s office. This does not seem like it should be a very difficult process. The reason for writing this out so slow and bland is that there seems to be or have been a plague in area B and the Roxbury Court of not following this simple process. I want to strongly remind all of our members that the supervisor of cases cannot rescind any summons or any notice to appear. The simple explanation is the office that sends the notice must be the office that rescinds the notice. It really is that simple. I have been fielding a number of complaints and concerns from our membership on this topic and again especially out of Roxbury court. If anyone receives a summons or a notice to appear in court that need to attend court. If they receive a notice to rescind their appearance, it cannot come from the supervisor of cases and simply C.C. the district attorney who initially notified that officer to ap- pear. If that is the case that officer should still attend court and if the supervisor refuses to sign their slip, immediately notify your union representative and or the union hall. This is why we have a contract. So that neither party can try and get away with breaking whatever rule they want to. Just be sure to save both your notice to appear and your unsigned slip. I apologize if this ran on to long or if you lost interest somewhere along the line. I just wanted to try and make this important issue as simple and straight forward as possible. It is very important that the membership continue to make arrests and attend court. Just know that, once again, the supervisor of cases cannot rescind your notice to appear. It must come from the district attorney’s office and it must be in writing and at least seventy two hours in advance. Thank you for your time and let’s be careful out there. There is a cost to make the streets safe. If this department is not careful then it may receive exactly what it seems they want, nobody will make arrests. If the department only wants to make it appear that they are trying to protect the residents of Boston, then that needs to get out. Let the citizens know that there is no real commitment by the City to do the right thing and actually put these criminals behind bars by prosecuting them correctly and stop cutting corners just to save the almighty dollar. Remember to vote on April 30, May 28 & June 25!