My Nightmare Office Affair (2022)
As someone who served as an ADA, albeit for a short time, under District Attorney Leone in the Middlesex DA's office, I disagree with, and find totally without evidence, the claim by the previous commenter that Leone was influenced in his decision whether or not to prosecute by "the political nightmare" that he may or may not have been facing. Nothing in my experience with him suggests that Leone is influenced in his decision making by anything but the facts of the particular case.
My Nightmare Office Affair (2022)
Also, Jeff, I disagree with your claim that this incident did not arise out of bad intent. What the media is ignoring is the fact that the officer's actions, by means of baiting Prof. Gates out of the home, show the officer's malevolent intent. Disorderly Conduct, in Mass., requires that the accused be "in public." Thus, when the officer repeatedly insisted that Prof. Gates step outside, it blatantly shows that the officer wanted the tirade to occur outside the curtilege of the home, permitting an arrest for DisCon. The officer knew that until Prof. Gates stepped outside, he couldn't put him in cuffs. It was this fact, along with the political nightmare facing first-term Middlesex DA, Gerry Leone, that led to the decision to nolle prosse. 041b061a72