The Boston Globe - 08.08.2019

A14 The Region The Boston Globe THURSDAY, AUGUST 8, 2019

threats of financial ruinis
somethingelse,” Lelling said at
a news conference after the
verdict, flanked by the trial
prosecutorsin the case,Kristi-
na Barclay and Laura Kaplan.
“This case reaffirms that feder-
al prosecutors play a crucial
role in combating publiccor-
ruption.”
Lawyersfor Brissette and
Sullivan said they wouldfile a
motion to US District Judge
Leo T. Sorokinto overturn the
jury verdict, a processthat
couldtake several weeks and
extend a protracted, fitful legal
saga that began when the men
were indicted in 2016.
Friendsandrelativesof
bothmenweptafter the ver-
dict.
“Obviously I’m disappoint-
ed,” Sullivan said to reporters
outside the federal courthouse.
“It’s beena longordeal. Obvi-
ously glad to have a resolution,
not this resolution. We’ll just
have to fight a little longer to
prove what happened.”
Brissette left the courthouse
withoutspeakingto reporters.
In a statement, Brissette’s law-
yer, William Kettlewell,said he
wouldcontinueto fightthe
case.
“Mr. Brissette is grateful to
the jury for their service de-
spite being very disappointed
withtoday’s verdict,” Ket-
tlewell said. “He and his legal
team... remain confidentthat
he will be vindicated.”
Sullivan’s lawyer, Tom Ki-
ley, said defense lawyers have
a weekto file briefs withSo-
rokinto overturnthe convic-
tions.
“The fightcontinues,” he
said.
Walsh, whowas invoked
frequently duringthe two-
weektrialbut did not testify,
said he was “surprised and dis-
appointed” by the verdict.
“I have made clear fromthe
beginning that there is only
one way to do things in my ad-
ministration and that is the

uCONVICTIONS
Continued fromPageA

rightway. I have always be-

lieved that their hearts werein

the rightplace.We have taken

several measuresat the City of

Bostonto ensurethat every

employee has the righttools

and training to performat the

highest ethical standards,

which has always beenmy ex-

pectation,” the mayor said in a

statement.

The casewas considereda

long shotfor federal prosecu-

tors, who have seen similarex-

tortion cases end in acquittals

or overturned convictions.

Brissette’s and Sullivan’s

lawyers arguedthat the aides

had no controloverthe con-

cert’s permitsand that prosecu-

tors werecriminalizingthe or-

dinary give-and-take of city pol-

itics.

Legal specialists considered

the prosecution novel, pushing

against — or perhapsbeyond

— the limitsof the Hobbs Act,

the federal law that definesex-

tortion. The conviction,if ulti-

mately upheld, could have a

profoundeffect on howgov-

ernment officials conduct busi-

ness withprivate companies,

legal specialists said.

“What is the difference be-

tween insisting on union labor

and insisting on affordable

housing in connection with a

development?” said Jack Corri-

gan, a formerNorfolk prosecu-

tor who lectures on prosecut-

ing at Harvard Law School.

“Even if you can prosecute

this, which clearly they can,

shouldyou?Or are you taking

what is certainly colorable po-

liticalactivity, public policy ac-

tivity, and turning it into a

crime?”

It took yearsfor the case to

reachtrial. In March 2018, So-

rokin dismissedthe charges af-

ter prosecutors conceded they

couldnot proveBrissette and

Sullivan had personally bene-

fited from the unionjobs,the

legalstandardthe judge had

established for a conviction.

Prosecutors appealed, and

in March 2019 the First Circuit

Court of Appealsruledthat

Brissette and Sullivan did not

have to benefit personally from

the jobs to have committed ex-

tortion. At the sametime, the

appealscourt said it was not

takinga stance on whether the

City Hall workers had acted il-

legallyand noted“the con-

cerns expressed by the Su-

premeCourt that an overly

broad application of the Hobbs

Act couldunduly chillofficial

conduct.”

In bringingthe case to trial,

prosecutorstrieda new ap-

proach: It was Walsh who

would benefit politicallyif the

festival usedunion labor, and

the two City Hall aides were

carrying out theirboss’s agen-

da by pressuringorganizersto

hire union workers.

In his instructions to the ju-

rors,Sorokin said they could

reach a guilty verdict only if

they concluded that Brissette

and Sullivan “knowinglyand

willfullyobtained” the benefits

of the union jobs, that theirac-

tionsaffected the company’s

ability to sell tickets or satisfy

its investors, that they usedthe

company’s fear of economic

harmto obtain the union jobs,

and that it was wrong to do so.

“It is not a wrongful pur-

pose... for a public officialto

assist or favor his constituents

or political supporters,or to

act in the hopes of securing fu-

ture political support,” Sorokin

said.

Given the high bar, the

jury’s verdict is shocking, said

Jack Cunha, a criminal defense

attorney whofollowedthe

case.

“The question is ‘Was it a

verdict that was decided on

emotionrather thanthe law,’ ”

he said.

At trial,Mike Snow, one of

the concert promoters, said he

“felt he had no choice” but to

hireunionworkers after a

Sept. 2, 2014,meetingwith

Sullivan andBrissette. Al-

though the men never made

any explicit threat, Snowsaid,

he cameaway feeling that the

concert was in jeopardy unless

he and his partner, Brian Ap-

pel, acceded to their demands.

Appel declined to comment on

Wednesday.

Prosecutorsalso featured

an e-mail that the union’s busi-

ness agent, Colleen Glynn, sent

her members after the promot-

er, Crash LineProductions,

hired the workers.

“I wantyou all to know we

got a ton of helpfromCity

Hall,” she wrote that Septem-

ber. “Startingwiththe top,

Mayor Walsh andhis staff

members... these folks fought

hardfor us becauseLocal #

foughthardfor them.”

Robert Fisher,a former fed-

eral prosecutorwhohandled

corruption cases, said prosecu-

torshave had more success

with juries thanwithappellate

courts, whichhave often over-

turned such convictions.

“I thinkthe public has al-

ways truly disliked any hint of

public corruption by public of-

ficials and that really resonates

witha jury,” Fisher said.“The

law is complicated... and

that’s where you have this di-

vergencebetween the verdicts

and the decisionsby appellate

courts.”

MiltonJ. Valencia andTravis

Andersen of the Globe staff

contributed to this report.

Maria Cramer canbe reached

at [email protected].

Followheron Twitter

@globemcramer.

City Hall aides guilty in Boston Calling case

PATGREENHOUSE/GLOBESTAFF

LawyersforTimothy Sullivan(left) andKenneth Brissette saidthey wouldfile a motionto USDistrict JudgeLeo T. Sorokinto overturnthejury verdict.

DAVID L. RYAN/GLOBESTAFF

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