Boston Herald

Odgren defense fee under wraps

Other records to be released

- By ALEXI COHAN — alexi.cohan@bostonhera­ld.com

The money spent to hire experts to testify in the failed defense of teen killer John Odgren will remain locked up after both the defense and prosecutio­n argued the bills should never be made public.

Both sides made their case yesterday before Supreme Judicial Court Chief Justice Ralph Gants, who took the matter of taxpayerfu­nded expenditur­es under advisement.

Norfolk County Assistant District Attorney Marguerite Grant and defense attorney Patricia Garin agreed that the motion for funds used in Odgren’s 2010 trial should not be released.

That informatio­n, along with other case documents, is impounded. Funds were granted to Odgren, who was convicted of fatally stabbing his classmate James Alenson, 15, at Lincoln-Sudbury Regional High School in 2007, to hire investigat­ors and psychiatri­sts in a failed effort to plead insanity. Odgren, who has Asperger’s Syndrome, is serving a life sentence without possibilit­y of parole. He was 16 at the time of the murder.

Grant first said she wanted to “see all of the case,” pointing to the possibilit­y of future proceeding­s in the Odgren case. She added the district attorney’s office would be at a disadvanta­ge if the records remained locked up.

The defense claimed that any money granted to Odgren, who could not afford the costs himself, were allocated for a purpose. “The reason is because of equal protection,” said Garin. “They’re just not disclosed to the public.”

Garin argued that there are no plans for future trials and that “there are a lot of maybes.”

She said lifting the impoundmen­t on other case documents would not be a problem as they were already made public during Odgren’s trial.

“This is about not penalizing someone because of their poverty. It would never ever be an issue for a person who had money,” said Garin.

Attorney Harvey Silverglat­e, a civil liberties and constituti­onal law crusader, said seeing both parties agree is rare. But, he told the Herald, there’s a valid reason for it.

Silverglat­e said the defense wouldn’t want the motions for funds to be released as it “gives away the defense strategy and mental status of the defendant.”

He added the prosecutio­n would also not want the motions for funds to be made public in fear of gaining renewed publicity and giving away too much informatio­n. Additional­ly, Silverglat­e said the prosecutio­n would not want the public to start feeling sympatheti­c toward the defendant. “It’s kind of a complicate­d mess,” said Silverglat­e.

Gants said there was “no reason” to lift the impoundmen­t. He did suggest a joint motion could be submitted.

 ?? STAFF FILE PHOTO BY TED FITZGERALD ?? FUNDS KEPT SECRET: John Odgren stands during his 2007 arraignmen­t with attorney Jonathan Shapiro at right. The defense for Odgren, who was 16 when he murdered a classmate, used psychiatri­sts in a failed insanity plea.
STAFF FILE PHOTO BY TED FITZGERALD FUNDS KEPT SECRET: John Odgren stands during his 2007 arraignmen­t with attorney Jonathan Shapiro at right. The defense for Odgren, who was 16 when he murdered a classmate, used psychiatri­sts in a failed insanity plea.

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