Walsh aides’ convictions tossed
Boston Calling case may come back for Round 3
A federal judge has thrown out the convictions of two former Boston City Hall officials in the Boston Calling case, setting up the possibility of another trial for the two lieutenants of Mayor Martin Walsh who had been convicted in what was described as a “shakedown” over union labor.
“This action is required based on the government’s failure to prove that either man committed the charged offenses,” Judge Leo Sorokin wrote in a 90-page order on Wednesday.
Sorokin said that the charges “required the government to allege and prove the existence of a quid pro quo. This the government did not do. Neither Brissette nor Sullivan received a personal payoff or any other cognizable benefit in connection with the charged conduct.”
A federal jury had convicted Kenneth Brissette, the city’s former tourism chief, and Timothy Sullivan, exhead of intergovernmental affairs, in August of pressuring Crash Line Productions to hire unnecessary union stagehands for a 2014 Boston Calling concert at City Hall Plaza in what prosecutors described as a “shakedown.” Both Brissette and Sullivan resigned after they were convicted.
Sorokin vacated the guilty verdict and acquitted the two men. He conditionally allowed their lawyers’ motions for a new trial, which would happen if the prosecution successfully appeals the acquittal.
Sorokin wrote, “the government disregarded clear written rulings of the Court, misstated the law, mischaracterized the evidence, and invited jurors to convict the defendants based on theories the Court had expressly ruled out of the case. In these circumstances, the interests of justice warrant a new trial.”
Walsh, city councilors and activists panned the verdict after it came down last summer, saying it could have a “chilling effect” on advocacy. Some Boston politicos took the extra step of donating money and sharing a fundraising page for Sullivan’s legal defense.
City Councilor Lydia Edwards, who led the charge against the conviction last summer, said Wednesday, “I’m beyond excited and feel justice has finally been served. I’m cautiously optimistic and hope that the U.S. Attorney will — after the second time having the case dismissed — finally let it go.”
That’s referring to how Sorokin threw out the case in March 2018 before as higher court reversed the dismissal last spring.
U.S. Attorney Andrew Lelling said in a statement Wednesday, “An impartial jury, following legal instructions written by the Court, voted unanimously to convict these two men. We are disappointed by this decision and will review our options.”
A Walsh spokeswoman said the mayor’s office also is reviewing the decision.
Brissette’s and Sullivan’s attorneys said, “Today’s ruling is consistent with our arguments that the evidence in this case did not support the charges brought against them. Simply stated, Mr. Brissette and Mr. Sullivan did nothing that was wrongful. Instead, they did their best to mediate a solution to a difficult labor dispute — and at no time benefited personally from their actions.”