First, the facts: On October 4, 2009
Anthony left the scene of an accident. He was and is incredibly
regretful of his actions and is remorseful for the disruption that he
caused to another family's life. He chose to keep this family out of
court and pled guilty directly to the judge, rather than dragging out
the case for an indefinite period and going to trial. He accepted
responsibility for leaving the scene of this accident and was sentenced
to 1 year of incarceration, which was suspended to 6 months of home
confinement. Additionally, his license was revoked for 5 years and 8
months. Under the terms of his home confinement, he was required to
wear an anklet and be monitored by a Sobrietor at random times, 4 times
a day, when prompted by an alarm. Anthony accepted this punishment.
From October onward, on his own initiative, Anthony was evaluated and
undergoing counseling for his alcohol abuse issues. Anthony recognized
that alcohol must be eliminated from his life and he has been faithful
to that since early October.
On December 18, 2009, upon initial installation of the Sobrietor, Anthony had an elevated reading. A second test was given 3 minutes later and again it was elevated, although it decreased over that brief period. The installer, an employee of the department of probation, was present during these tests and told him there would be another test in half an hour and not to worry. The installer asked Anthony if he had just used mouth wash, or anything else in his mouth. Anthony told him what he had done for hygiene that day. (You cannot see the readings on the Sobrietor when you blow into the machine, instead they are transmitted via the phone lines to the probation office.) The third test came and after doing it Anthony called the probation office and asked if the reading was still elevated. They would not tell him. He asked them several times to let him know so he could immediately get to a hospital to have his blood drawn-knowing he did not ingest alcohol and the window for a blood test closes quickly. The probation office said not to worry and that they would call him back if there was a problem. They called back the next morning, to tell him to come to court--a period of time after which a blood test does no good.
On January 4, 2010, Anthony went back into court for his probation violation hearing. His lawyer, George Hassett, presented both urine and hair tests (with the help of an expert witness) during the hearing that clearly showed Anthony had not ingested alcohol. There was also the testimony of eyewitnesses, who had been with Anthony both the night before and that entire day, who testified they had not seen Anthony ingest any alcohol. The installer himself testified that Anthony did not smell of alcohol, nor did he see anything at his house that would lead him to think he was drinking. He, in fact, said he was surprised by the elevated reading. The judge disregarded all this evidence and testimony and found Anthony in violation of probation.
We sat in the courtroom throughout the entire hearing on January 4, and we did not think it was possible that the judge would or could come away with any other conclusion than that Anthony did not violate his probation. Anthony appeared to have clearly met his burden of proof. As a family, we have personally witnessed the changes Anthony was making in his life since that October day. We all, as a family, accepted the initial sentencing, and were deeply disappointed by Anthony's actions that led to that day. Anthony had to answer to us in addition to the court. The outcome of January 4th, however, is not something we can simply accept, knowing that it was not based on wrong-doing.
Since January 4th, Anthony has been in the Billerica House of Corrections. He is keeping his spirits up as best he can, helping those around him as always. Anthony's family and a group of loyal friends have been trying to bridge the communication gap among Anthony and his lawyers and supporters. It has been a busy and stressful time, with the highest of stakes.
We are grateful to attorneys Hassett, Kiley and Cintolo who have worked tirelessly, and continue to do so, on Anthony's behalf. We are also fortunate to have a great appellate lawyer, Professor Charles Ogletree, on board for the appeal phase. It is not going to be easy. Appeals of probation violations are even more difficult to win than the initial hearings.
It leaves one to ask how much retribution is enough? How far do we as a society wish to rip people apart before we say they have paid for their crimes? Anthony has dedicated 17-1/2 years of his life as a public servant, working tirelessly to assist the less fortunate. It is no exaggeration to say that Anthony helped people on a daily basis. As a City Councilor, Mayor, and State Senator he never gave up on the communities or people that he represented. His mistakes have never been born of corruption or malice, but rather from issues surrounding alcohol abuse. Why was alcohol abuse counseling or treatment not a part of this judge's sentencing, but the strict monitoring via a Sobrietor was?
We cannot sit back and let the judicial system destroy all that he is, as a public servant and a man. We will be there for him, no matter the outcome of the appeal. We sincerely appreciate your support at this difficult time.
The Anthony Galluccio defense fund has been initiated by friends and family to reduce the financial burden of Galluccio's legal expenses that have been incurred during the legal process to date, as well as future expenditures that are anticipated in the appeal process. Professor Charles Ogletree has very generously offered to work without fee but there are other legal and administrative costs that will be incurred, as well as substantial bills to date. Professor Ogletree is aware and supportive of a fund that will support other legal expenses.
On December 18, 2009, upon initial installation of the Sobrietor, Anthony had an elevated reading. A second test was given 3 minutes later and again it was elevated, although it decreased over that brief period. The installer, an employee of the department of probation, was present during these tests and told him there would be another test in half an hour and not to worry. The installer asked Anthony if he had just used mouth wash, or anything else in his mouth. Anthony told him what he had done for hygiene that day. (You cannot see the readings on the Sobrietor when you blow into the machine, instead they are transmitted via the phone lines to the probation office.) The third test came and after doing it Anthony called the probation office and asked if the reading was still elevated. They would not tell him. He asked them several times to let him know so he could immediately get to a hospital to have his blood drawn-knowing he did not ingest alcohol and the window for a blood test closes quickly. The probation office said not to worry and that they would call him back if there was a problem. They called back the next morning, to tell him to come to court--a period of time after which a blood test does no good.
On January 4, 2010, Anthony went back into court for his probation violation hearing. His lawyer, George Hassett, presented both urine and hair tests (with the help of an expert witness) during the hearing that clearly showed Anthony had not ingested alcohol. There was also the testimony of eyewitnesses, who had been with Anthony both the night before and that entire day, who testified they had not seen Anthony ingest any alcohol. The installer himself testified that Anthony did not smell of alcohol, nor did he see anything at his house that would lead him to think he was drinking. He, in fact, said he was surprised by the elevated reading. The judge disregarded all this evidence and testimony and found Anthony in violation of probation.
We sat in the courtroom throughout the entire hearing on January 4, and we did not think it was possible that the judge would or could come away with any other conclusion than that Anthony did not violate his probation. Anthony appeared to have clearly met his burden of proof. As a family, we have personally witnessed the changes Anthony was making in his life since that October day. We all, as a family, accepted the initial sentencing, and were deeply disappointed by Anthony's actions that led to that day. Anthony had to answer to us in addition to the court. The outcome of January 4th, however, is not something we can simply accept, knowing that it was not based on wrong-doing.
Since January 4th, Anthony has been in the Billerica House of Corrections. He is keeping his spirits up as best he can, helping those around him as always. Anthony's family and a group of loyal friends have been trying to bridge the communication gap among Anthony and his lawyers and supporters. It has been a busy and stressful time, with the highest of stakes.
We are grateful to attorneys Hassett, Kiley and Cintolo who have worked tirelessly, and continue to do so, on Anthony's behalf. We are also fortunate to have a great appellate lawyer, Professor Charles Ogletree, on board for the appeal phase. It is not going to be easy. Appeals of probation violations are even more difficult to win than the initial hearings.
It leaves one to ask how much retribution is enough? How far do we as a society wish to rip people apart before we say they have paid for their crimes? Anthony has dedicated 17-1/2 years of his life as a public servant, working tirelessly to assist the less fortunate. It is no exaggeration to say that Anthony helped people on a daily basis. As a City Councilor, Mayor, and State Senator he never gave up on the communities or people that he represented. His mistakes have never been born of corruption or malice, but rather from issues surrounding alcohol abuse. Why was alcohol abuse counseling or treatment not a part of this judge's sentencing, but the strict monitoring via a Sobrietor was?
We cannot sit back and let the judicial system destroy all that he is, as a public servant and a man. We will be there for him, no matter the outcome of the appeal. We sincerely appreciate your support at this difficult time.
- Nancy and Lissa Galluccio
Family and Friends of Anthony Galluccio
Ask You to Please Save the Date
Wednesday, February 24th
Fundraiser for Galluccio Defense Fund
Sheraton Commander Hotel
16 Garden Street - Cambridge
5.30pm- 7.30pm
More information to follow soon
The Anthony Galluccio defense fund has been initiated by friends and family to reduce the financial burden of Galluccio's legal expenses that have been incurred during the legal process to date, as well as future expenditures that are anticipated in the appeal process. Professor Charles Ogletree has very generously offered to work without fee but there are other legal and administrative costs that will be incurred, as well as substantial bills to date. Professor Ogletree is aware and supportive of a fund that will support other legal expenses.
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