Eliseu Pina is facing charges for allegedly strangling his pregnant wife, a critical situation that has now been compounded by a statewide work stoppage involving private attorneys known as bar advocates. Following his June 30 arraignment in South Boston, Pina has been without legal representation for over a week. The situation escalated when a Supreme Judicial Court justice invoked the Lavallee protocol, which mandates the release of defendants held too long without a lawyer.
During a court hearing, Suffolk Assistant District Attorney Amelia Singh urged against Pina’s release, citing public safety concerns given the nature of his charges. However, Chief Justice Tracy-Lee Lyons ultimately ruled that due to the lack of legal representation, Pina must be released on his own recognizance once a GPS bracelet is issued. He will be required to stay at his mother’s home in Dorchester during this time.
Pina’s case was among several reviewed at Boston Municipal Court amidst the ongoing work stoppage affecting court-appointed attorneys, which has created a backlog of defendants without representation. Justice Lyons emphasized the challenges faced by the court system, as constitutional rights to legal counsel are being compromised. Legal representatives from the Committee for Public Counsel Services (CPCS) specified the extensive efforts made to secure attorneys for defendants, but expressed their struggles due to the ongoing crisis.
The hearings held under the Lavallee protocol illustrate the depth of the issue, with six other defendants being released after being held without legal counsel for more than the legally permitted timeframe of seven days. The situation for those detained is critical, as many remain charged but are unable to proceed with their cases due to the lack of representation.
The work stoppage began on May 27, reflecting demands for higher compensation among bar advocates, who currently earn $65 per hour—a rate that they argue has not kept pace with those in surrounding states. This stoppage has significantly impacted the representation of defendants in lower-level crimes, while homicide cases have remained largely unaffected as those attorneys continue to accept cases.
The Lavallee hearings are ongoing, as the courts work to address the backlog and the pressing need for legal representation. Many are hopeful that solutions will be found soon to alleviate the strain on the legal system and ensure that defendants are guaranteed their right to a fair trial.