• Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • HOME
  • NEWS+OPINIONS
    • NEWS TO US
    • COLUMNS
      • APPARENT HORIZON
      • DEAR READER
      • Close
    • LONGFORM FEATURES
    • OPINIONS
    • EDITORIAL
    • Close
  • ARTS+ENTERTAINMENT
    • FILM
    • MUSIC
    • COMEDY
    • PERFORMING ARTS
    • VISUAL ARTS
    • Close
  • DINING+DRINKING
    • EATS
    • SIPS
    • Close
  • LIFESTYLE
    • CANNABIS
      • TALKING JOINTS MEMO
      • Close
    • WELLNESS
    • GTFO
    • Close
  • STUFF TO DO
  • TICKETS
  • ABOUT US
    • 5 DOUBLE-U’S
    • MASTHEAD
    • DISTRIBUTION
    • ADVERTISE
    • SUBMISSIONS
    • PRIVACY POLICY
    • Close
  • BECOME A MEMBER

Dig Bos

The Dig - Boston's Only Newspaper

CURRENT STREET EDITION

DIG 23.02 – 1/28/21

KOONCE MAKES “COMPELLING” CASE IN 5-PLUS HOUR COMMUTATION HEARING

Written by JEAN TROUNSTINE Posted October 28, 2020 Filed Under: News, News to Us, NEWS+OPINIONS

Photo of Koonce and his son, Thomas Andrews at MCI Norfolk (2012) via Koonce family

No one serving a life without parole sentence has been granted a commutation since 1997


On Tuesday, Oct. 27, Massachusetts held its second commutation hearing for life-sentenced prisoner Thomas Koonce, who was denied a commutation by then-Gov. Deval Patrick’s Advisory Board of Pardons in 2010. No one serving a life without parole sentence has been granted a commutation since 1997.

While Koonce was rejected in 2010 for needing to do more “work on himself,” he made a “compelling” case for commutation on Tuesday, said several members of the Parole Board who technically became the Advisory Board of Pardons to the governor. One raised serious questions about the fairness of his original conviction.

The hearing was held remotely, and over five-and-a-half hours Koonce answered questions amidst nine dropped connections and despite poor sound quality, which made it especially difficult for those listening in on the phone to hear every word. 

Koonce clarified why he deserves this “extraordinary remedy.” He described how he has lived a life of “restoration and reparations” since he came to grips with killing Mark Santos in a clash between New Bedford and Brockton young adults in 1987. Koonce was one of the main people to bring restorative justice programs to Norfolk MCI, and said he has been instrumental in “making the prison a safer place.”

Koonce’s character was praised by numerous supporters, only four of whom testified, including Janet Connors, who lost her son to homicide and worked with Koonce’s restorative justice program inside prison. Conan Harris met Koonce behind bars and now fights for prisoner reentry justice. Harris, married to US rep. Ayanna Pressley, said he hoped to work with Koonce if he is released, and added, “Our people need you.”

Four members of the Santos family testified that Koonce should not be released, including Virginia Santos, Mark’s mother, and sister Michelle who said how hard this second hearing was on her family.

One might conclude that a headline from the fifth hour of the hearing was “Bristol County District Attorney, Thomas Quinn, in a surprising twist, says that Thomas Koonce’s case ‘warrants serious consideration for commutation.’” DAs most often recommend more prison time.

What was not acknowledged at the hearing is the back story of Koonce’s sentence, which his advocates argue should have long ago been commuted from life without parole to second-degree murder with parole eligibility. That story reverberated in comments by Parole Board member Charlene Bonner, the lone psychologist, who raised the question of Koonce’s “unjust verdict.”

Koonce’s “unjust verdict” was previously acknowledged by the trial prosecutor on this case, John Moses, the now deceased 16-year veteran of the Bristol DA’s office. The petition for Koonce’s commutation, which was not acted on for six years by the Parole Board (which let the petition languish for reasons unknown), contained a post-conviction letter by Moses to the 2010 Advisory Board of Pardons.

In that letter, Moses wrote, “I cannot be silent when I helped to bring about the conviction of a man for the wrong crime, a verdict that went too far, and is unjust when it denies Mr. Koonce the possibility of parole.” 

Part of his reasoning came from how the actual crime occurred. The Board of Pardons in 2010 concluded in their commutation decision that the defendant, “having shot indiscriminately into a crowd,” should not have been convicted of premeditated murder. Koonce did indeed shoot and kill Mark Santos, but what was at issue was the intentionality of the crime associated with a life without parole sentence. Moses recommended a sentence of life with the possibility of parole, which is certainly no guarantee of release. The 2010 Board of Pardons said their “research” had found that in Massachusetts no such case like Koonce’s had previously warranted a life without parole sentence.

Koonce had two trials. There was a hung jury in the first trial, and at the second trial in 1992, the jury was not questioned for racial bias. Lawyers could have requested that but did not, as is now required in Massachusetts. Koonce, an African American, faced an all white jury, which added to concerns by Moses and others of the fairness of the verdict.

The fairness of Koonce’s conviction is supposedly no longer a consideration for commutation, according to new guidelines issued by Gov. Charlie Baker, which are quite different from those issued by Gov. Patrick.

Patrick said one must consider if “further incarceration would constitute gross unfairness” from both “the severity of the sentence received in relation to sentences received by other equally culpable and similarly situated defendants,” and “the extent of petitioner’s participation in the offense.” There is no such guideline under Baker.

Gloriann Moroney, chair of the Parole Board, said during the hearing, “The paramount considerations here for executive clemency are the nature and circumstances of the crime and how that affects the victims and/or victim’s family and … the behavior of the petitioner.”

But David Harris, managing director of the Charles Hamilton Houston Institute of Race & Justice said in an email, “As Governor Patrick recognized and as we are all coming to learn, questions of racial justice and justice in general cannot be detached from the consideration of a commutation petition. Mr. Koonce’s conviction of premeditated murder is so riddled with such questions that his life sentence constitutes a serious miscarriage of justice, fortunately correctible through the commutation process.”

At the end of the hearing, Konnce’s attorney, Timothy C. Foley said, “Mr. Koonce presents a truly exceptional case,” and that his commutation could “pave the way for commutation to indeed become an integral part of the correction process.”

If Koonce’s petition is advanced, Baker then has 90 days to approve or deny it. If the governor grants the commutation, then our elected Governor’s Councilors vote on it. Koonce will then need to come back before the Parole Board. And as is the case for all seeking parole, he would wait for a decision, which at this point takes seven to eight months after the hearing is held.

As of Aug. 31, per the Boston Globe, there are 117 commutation and 209 pardon petitions that the Parole Board has not acted on.


This article was produced in collaboration with the Boston Institute for Nonprofit Journalism

JEAN TROUNSTINE

Jean Trounstine is a writer, activist, and professor whose latest book is Boy With a Knife: A Story of Murder, Remorse, and a Prisoner’s Fight for Justice. She is on the steering committee of the Coalition for Effective Public Safety.

More from author
  • JEAN TROUNSTINE
    https://digboston.com/author/jean-trounstine/
    COMMONWEALTH COMMITTED TO “OTHER DEATH PENALTY”
  • JEAN TROUNSTINE
    https://digboston.com/author/jean-trounstine/
    WHY ARE HALF OF MASS CORRECTION OFFICERS REFUSING THE COVID VACCINE?
  • JEAN TROUNSTINE
    https://digboston.com/author/jean-trounstine/
    DOC CAN BARELY RUN ZOOM MEETING, BUT WANTS TO SCAN ALL PRISONER MAIL
  • JEAN TROUNSTINE
    https://digboston.com/author/jean-trounstine/
    COVID SURGES IN MASS PRISONS, STILL NO PLAN TO DECARCERATE

Filed Under: News, News to Us, NEWS+OPINIONS Tagged With: criminal justice, news, Prison Reform

WHAT’S NEW

GUEST OPINION: TPS HOLDERS DESERVE PERMANENT PROTECTION

GUEST OPINION: TPS HOLDERS DESERVE PERMANENT PROTECTION

STATE WIRE: NEW MASS PESTICIDE RULES MADE TO PROTECT POLLINATORS

STATE WIRE: NEW MASS PESTICIDE RULES MADE TO PROTECT POLLINATORS

Gov. Charlie Baker announces an educator vaccine program Wednesday in a WCVB screen capture.

STATE ADDS 400,000 EDUCATORS TO LIST FOR VACCINE

INBOX: JOHN BARROS LAUNCHES CAMPAIGN FOR MAYOR OF BOSTON

INBOX: JOHN BARROS LAUNCHES CAMPAIGN FOR MAYOR OF BOSTON

TRUMP GUY WINS THE DEMOCRATIC PRIMARY TO FILL DELEO’S SEAT

TRUMP GUY WINS THE DEMOCRATIC PRIMARY TO FILL DELEO’S SEAT

CHECKING IN ON THE COMMONWEALTH’S COMPREHENSIVE CLIMATE BILL

CHECKING IN ON THE COMMONWEALTH’S COMPREHENSIVE CLIMATE BILL

Primary Sidebar

HEMPIRE FREEDOM PACK 25% OFF

FEATURED EVENT

Most Popular

  • SPECIAL FEATURE ON THE MASS STATE POLICE: TROOPER WILSON’S WAR by CHRIS FARAONE
  • [UPDATE: WE GOT IT!] WHERE IS THE CONTRACT FOR MASSACHUSETTS’ VACCINE APPOINTMENT SOFTWARE? by POLINA WHITEHOUSE
  • BOSTON LATIN ACADEMY GRADS FIGHT FOR REPRESENTATION IN ALUMNI GROUP by CHRIS FARAONE
  • MASS KEEPS TRYING TO BUILD A NEW WOMEN’S PRISON OUTSIDE OF PUBLIC VIEW by DAN ATKINSON
  • WHAT THE HELL IS GOING ON WITH MASSACHUSETTS POLITICS AND VACCINATIONS? by ZACK HUFFMAN

READ CURRENT MEMBER EDITION

DIG Member 1.9 – 11/26/20

READ CURRENT STREET ISSUE

DIG 23.02 – 1/28/21

Footer

digbos

digbos
“No one wants to live in a world where music is “No one wants to live in a world where music is created to please a cold-blooded algorithm.” https://buff.ly/2OmuqPR #surveillance #interview #politics #tecnology
Barros is the fifth mayoral candidate to enter the Barros is the fifth mayoral candidate to enter the race. https://buff.ly/3bj3EAW #politics #election #Boston #Massachusetts
Can a veteran of the Wisconsin Uprising and former Can a veteran of the Wisconsin Uprising and former Mass union leader rescue the IAFF? https://digboston.com/a-firefighter-election/ #labor #firefighter #union #election #opinion #WisconsinUprising #Massachusetts #national
New #report shows 1/6 of women in Mass prisons sen New #report shows 1/6 of women in Mass prisons sentenced to life without parole. https://digboston.com/commonwealth-committed-to-other-death-penalty/ #prison #prisoner #humanrights #criticism #Massachusetts
“The gratuitous militarization of police forces “The gratuitous militarization of police forces across the United States facilitated by this program has helped to turn these agencies into brutal weapons of repression.” https://digboston.com/inbox-group-calls-for-biden-to-abolish-police-militarization-program/ #police #reform #criticism #Massachusetts
It’s the second time in less than a year that pr It’s the second time in less than a year that progressives have been dealt a bitter defeat in a crowded primary race. https://digboston.com/trump-guy-wins-the-democratic-primary-to-fill-deleos-seat/ #politics #election #Democrats #primary #legislature #Winthrop #Revere  #Massachusetts #MAGA #herp #derp
As lawmakers consider Baker’s amendments to clim As lawmakers consider Baker’s amendments to climate bill, the fight for environmental justice continues. https://digboston.com/checking-in-on-the-commonwealths-comprehensive-climate-bill/ #politics #legislature #environment #activism #globalwarming #Massachusetts
AS LABOR SECRETARY, WILL MARTY WALSH REPRESENT ALL AS LABOR SECRETARY, WILL MARTY WALSH REPRESENT ALL WORKERS? Or just unionized construction workers… and the corporations that fund the Democrats. The latest from DigBoston's @jasonpramas. https://digboston.com/as-labor-secretary-will-marty-walsh-represent-all-workers/ #politics #labor #union #work #national #analysis #Boston #Massachusetts
Includes Gang Green, The Freeze, SIEGE, TREE, and Includes Gang Green, The Freeze, SIEGE, TREE, and many more. https://digboston.com/iconic-lineup-comes-through-to-support-nantasket-venue-through-pandemic/ #music #digital #benefit #Hull #Massachusetts
Our interview with Avi Loeb, author of “Extrater Our interview with Avi Loeb, author of “Extraterrestrial: The First Sign of Intelligent Life Beyond Earth.” https://buff.ly/2O3nlUd #interview #book #alien #technology #astronomy #controversy #debate #science #Boston #Massachusetts
Load More... Follow on Instagram
Social Buttons

DigBoston facebook DigBoston Twitter DigBoston Instagram

Masthead

About

Submissions

Advertise

Privacy Policy

Customer Service

Distribution

About Us

DigBoston is a one-stop nexus for everything worth doing or knowing in the Boston area. It's an alt-weekly, it's a website, it's an e-mail blast, it's a twitter account, it's that cool party that you were at last night ... hey, you're reading it, so it's gotta be good. For advertising inquiries: [email protected] To reach Editorial: [email protected] For internship opportunities: [email protected]