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Th e Boston Glob e Thursday , May 17 , 2007

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Violence jolts night of triumph in city

Dispatcher takes calm command of the frenzy on citys streets
By Suzanne Smalley
GLOBE STAFF

Son stabbed after councilors win

By Matt Viser
GLOBE STAFF

Boston Police 911 dispatcher Brenda Ortiz knew immediately that the ofcer standing near the corner of Warren and Townsend streets in Roxbury was worried, from the inection in his voice. Four to ve shots red, the Boston School Police ofcer yelled into his crackling radio. The ofcer was hufng as he screamed out his call sign and jumped into his car to follow a suspect in the shooting of a young former high school football star, who was to become the citys 22d homicide victim this year. He shouted a suspect description at Ortiz, telling her the man had jumped

into a white car, perhaps a Toyota, with another man. Get me some units up here, the ofcer said on a tape of the incident played yesterday for the Globe. Tuesday was a violent night in the

city. B6
With her doe-eyes and smile, silk blouse, and fashionable jeans, Ortiz, 29, does not look like someone who routinely orders around dozens of the citys most hardened gang and drug investigators. But thats exactly what she does. When Bostons streets erupted Tuesday shortly after 5 p.m. with two fatal
DISPATCHER, Page B6

ARAM BOGHOSIAN FOR THE BOSTON GLOBE

Boston Police 911 dispatcher Brenda Ortiz aspires to become a homicide detective.

Hours after celebrating his fathers victory in a hard-fought City Council race, a South Boston man was stabbed as he left a West Broadway restaurant early yesterday morning. Sean Linehan, 26, son of Bill Linehan, who was elected District 2 city councilor on Tuesday, told police he walked into a brawl on the sidewalk about 12:45 a.m. after dining at Teriyaki House restaurant, according to a police report obtained by the Globe. Police responding to reports of a ght were agged down by a shirtless Linehan, who told ofcers that he had been assaulted by three men and two women, the police report said. A city ofcial briefed by the family said

that Linehan had told the people who were ghting to take it somewhere else before he was attacked. A cashier at Teriyaki House, a small Japanese and sushi restaurant that stays open until 1 a.m., said yesterday that he had seen several people scufing on the sidewalk about the time Linehan left the restaurant. The cashier, who declined to be identied, said he didnt know who instigated the ght or what it was about. Linehan was taken by ambulance to Boston Medical Center, where he remained in intensive care yesterday with a punctured and collapsed lung and a broken rib, according to the city ofcial. Bill Linehan, who stayed by his sons hospital bed yesterday, said in a phone interview that he was shocked and horried by the stabbing. After a really great night, and a high point in my life, for this to occur pains us, Linehan said. We are concerned for our son, Sean, and ask for prayers for our famSTABBING, Page B6

A move to expand buffers at clinics

Abortion opponents, ACLU blast bill
By Andrea Estes
GLOBE STAFF

DINA RUDICK/GLOBE STAFF

Keith Giroux of Turners Falls, an inmate, participated in a political science class last week at the Hampshire County Jail and House of Correction.

Unlearning preconceptions
Program offers joint classes to college students, inmates
April Simpson
GLOBE STAFF

NORTHAMPTON Anthony Jack and Jude Mischke took vastly different paths to get to their Amherst College political science course this semester. Jack a 22-year-old senior toting paper, pen, and textbooks boarded a school van with classmates last week for the nal class and chatted about exams and summer plans. Mischke, 38, wrapped up recreation time in the prison yard at the Hampshire County Jail and House of Correction. He showered, dressed in dark, prison-provided blue shirt and pants, and grabbed his schoolwork from his cell.

He and Jack met in the jails visiting room, where inmates and students from three area colleges sat in alternate chairs. Their professor was Kristin Bumiller of Amherst College, who was teaching one of two courses in the Pioneer Valley to bring together the colleges students and inmates as equals. At a time when prisons across the state lack federal or state funding for college-degree programs, Bumiller and Simone Davis, an English professor at Mount Holyoke College, are establishing several courses involving inmates and students in the regions ve colleges, the University of Massachusetts at Amherst, Mount Holyoke, Smith, Amherst, and Hampshire. They are a part of a three-year-old national effort in 30 colleges to run joint classes that include traditional college students and inmates. A Temple University instructor began the program to try to remove the boundaries created by classism, racism, and the stigma attached to incarceration.
JAIL CLASS, Page B4

Book learning and street sense are asked to pull their weight equally in the classroom.
Simone Davis
English professor, Mount Holyoke College

A bill that would nearly double the buffer zone around abortion clinics appears poised for passage on Beacon Hill, with Governor Deval Patrick, Attorney General Martha Coakley, and dozens of legislators pledging their support. Some 75 House members and 23 senators, more than half the Senate chamber, are cosponsoring a bill that would expand the zone from 18 to 35 feet and prohibit demonstrators within that area. Under the current law, enacted in 2000, protesters can enter the 18-foot zone but must remain at least 6 feet away from patients and staff. Appearing at a hearing yesterday before the Legislatures Joint Committee on Public Safety and Homeland Security, Coakley and a Boston police ofcial said the current law is unenforceable and has not yielded a single successful prosecution. It hasnt been a real buffer zone, said Captain William Evans, who was assigned for nine years to AllstonBrighton, where Planned Parenthoods Boston clinic is located. The law hasnt stopped protesters from going inside the zone. All they have to do is freeze. They cant get into peoples faces, but the patients have to go around them to get in. The police are like basketball referees out there, watching foot and hand movements to see if there is a violation, he said. It was such a vague law, weve probably made only ve arrests since the legislation went into effect. A similar bill was proposed in the Senate last year, but because it was led late in the session, it had to be funneled through the House Rules
BUFFER, Page B6

UMass shake-up draws cheers, disappointment

By James Vaznis
GLOBE STAFF

Prayers for soldier

Family, friends, and neighbors prayed yesterday for the safe return of one of their own, Army Specialist Alex R. Jimenez of Lawrence, who was seized Saturday in Iraq by insurgents tied to Al Qaeda. B3

Trooper is arrested
A state trooper has been arrested for allegedly teaming up with a longtime informant to sell a powerful prescription narcotic, OxyContin, and collect drug debts. B3

A shake-up in leadership at the University of Massachusetts brought both disappointment and jubilation yesterday to campuses across the system. It also sparked a trustees resignation and faculty criticism for shutting them out of the decision. The Amherst campus was stunned by the news of chancellor John Lombardis retirement in a year and the prospect that UMass president Jack M. Wilson might serve in a dual role as head of the system and chancellor of the Amherst campus. UMass trustee John A. Armstrong, a retired IBM vice president from Amherst, said he e-mailed his resignation to the board at around 7 a.m. yesterday because he opposed the changes and was left out of the

decision. Amherst faculty leaders credited Lombardi with raising the stature of the campus in numerous ways, including boosting private fund-raising, encouraging scholarly work, adding dorms, and sprucing up dining halls. At Boston, many faculty and students cheered the return of J. Keith Motley as chancellor. Motley the systems vice president for business, marketing, and public affairs served as interim chancellor two years ago. When he was passed over for the post, it sparked outrage and charges of racism on campus and from city politicians, including Mayor Thomas M. Menino. Motley is African-American, and the person who got the job, Michael Collins, is white and
UMASS, Page B8

LISA POOLE FOR THE BOSTON GLOBE

The last two years gave me an opportunity to grow in ways I didnt know, said J. Keith Motley, the newly appointed chancellor at UMass-Boston.

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Unlearning preconceptions
JAIL CLASS
Continued from Page B1

Amherst senior, described as bizarre and voyeuristic. Book learning and street sense I felt like I was at a zoo, like I are asked to pull their weight was watching people inside cages, equally in the classroom, said Guzzardi said. It was very nonhuDavis, who taught a literature man. course at a correctional facility in From the jail and the campusSpringeld. es, the view is the same: the rolling The formal educational level of green expanse of the Mount the nine inmates in Bumillers Holyoke range. Inside the jail, the class ranges from high school college students registered in a dropout to college and often fails sterile waiting room and left their to match the preparation of their jewelry, purses, and backpacks in nonincarcerated peers. But those orange lockers along creamdifferences were proven irrelevant colored cement walls. They enduring the class. tered a trap door and were for a All the students were screened moment totally conned before a before they were allowed to take guard opened a second door. The the course. Among the college stu- guard did not open the door until dents, the professors said they he was sure the students could were looking for a heterogeneous safely enter the visiting room. and emotionally mature group In class, the students have prepared to go to the jail every struggled together through Civil week for class. Disobedience by Henry David At the all-male facility in Thoreau and Discipline and Northampton, Melinda Cady, Punishment by Michel Foucault, assistant deputy superintendent, which prompted 32-year-old evaluated the inmates academic Teddy, an inmate who grew up in ability and whether they were Leverett, to say, This Foucault active in a treatment program. guy has never been to prison. He The jail chose 11 inmates, ranging did not want his last name used. in age between 20 and mid-40s, The students all identied with with charges stemming mostly the lead character in the Life and from substance abuse and domes- Times of Michael K., by J.M. tic violence. Two inmates were Coetzee, a novel about a man forced to drop the course because struggling to dene himself outof discipline problems in the jail. side the politics of war-torn South The students were prohibited Africa. Both sets of students from contacting each other out- learned that they could compete side class and knew each other on- academically despite varying eduly on a rst-name basis. cational backgrounds. In some ways, it leveled the I do think of a lot of them as playing eld, Mischke said. You friends at this point, said Carly dont know where everybodys Levenson, a sophomore from coming from. Richmond, Va. And Unlike most of I wasn t sure that his college classwould happen, mates, Jack, who For the inmates, grew up in Miami, the class was a ressaid he had been pite from their daily Jude Mischke routines. inside a jail before to Hampshire jail inmate visit family memIts like being bers. Mischke, who out of jail for a couhas served two years ple of hours, of a three-year sentence for steal- Mischke said. A couple of hours of ing a motorcycle and drinking and freedom. driving, has spent time in several At the last class, as they did on facilities. their rst class, the students took Mischke, whose father was a part in a wagon wheel icebreaker. potter, grew up in Putney, Vt., and The inmates sat in an outer circle attended Castleton State College facing the college students in an for two years, before moving to inner circle. Northampton. He said he was The students asked each other attracted to the bustling drug questions such as, Have you ever trade in nearby Holyoke. recognized yourself in a KafkaBefore classes began, Jack and esque situation, such as waiting? Mischke thought they knew what Im constantly waiting; I want to expect of the other. to go home, said Keith Giroux, a I was always under the im20-year-old inmate from Turners pression that Amherst was a very Falls who expects to be released in conservative college, Mischke 60 days. Its coming real soon. Im said. I thought theyd come in getting real antsy. wearing blue blazers and buttonAre you counting the days? down shirts. asked Sara Nelson, a 20-year-old Jack said he expected the in- junior at Amherst. mates to offer a shallower analysis Its the worst part, the last bit, of readings. He also thought they Giroux said. had an abundance of free time to Nelson, an English major, has nish their work. formed friendships with some of But he learned the inmates the inmates, but the students will maintain a strict schedule and not be allowed to keep in touch devote just as much time to their once the program ends. schoolwork as he does. As the semester drew to a close, By the third week, Jack had a Nelson said she never felt entirely moment of reection. Do you comfortable entering or leaving hold on to these stereotypes in the the facility. face of all that youre seeing? he Its always sad to leave class, asked himself. knowing that were walking out to The transition for both groups freedom, so to speak, and theyre did not happen overnight. Before going to be sitting in their cells, their rst shared class, each group Nelson said. met separately to ask Bumiller After class, the students and questions about what to expect inmates always lingered for a without having to worry about moment before they were ushered offending the other group. through two separate doors. The college students were given an orientation at the jail, which April Simpson can be reached at 21-year-old Sam Guzzardi, an asimpson@globe.com.

PAT GREENHOUSE/GLOBE STAFF

SINGING HER PRAISES Governor Deval Patrick greeted Carter Crawford of Weston yesterday after speaking at a ceremony for the Massachusetts Commission on the Status of Women Unsung Heroines program.

Same-sex nuptials validated for NY couples

By Raja Mishra
GLOBE STAFF

In some ways, it leveled the playing eld.

Invoking a little-noticed legal loophole, a Massachusetts judge has legally validated the marriages of at least 150 same-sex couples from New York who wed in Massachusetts between May 17, 2004, when gay marriage became legal here, and July 6, 2006, when gay marriage was declared illegal there. Until last week, when Suffolk Superior Court Judge Thomas E. Connolly issued his decision, the couples had lived in a legal limbo, because of a 1913 Massachusetts law that bars out-of-state unions that would not be legal in the couples home state. Our marriage has always been alive and well in our hearts, but knowing that Massachusetts now stands behind our marriage is a welcome relief, said a statement from Tanya Wexler and Amy Zimmerman of New York City, one of the plaintiff couples in the case. They were married in Somerville two days after same-sex marriages were legalized in the Bay State. Advocates for same-sex couples estimate about 150 New York couples, possibly up to 200, may now have valid Massachusetts marriages. Authorities in New York indicated they would not chal-

CHITOSE SUZUKI/ASSOCIATED PRESS/FILE

Amy Zimmerman (left) and partner Tanya Wexler lauded a ruling validating their marriage in Massachusetts.
lenge the status of those couples. The case, brought by eight New York couples, originates with former governor Mitt Romneys use of the 1913 statute to deny marriage licenses to out-of-state gay couples who wed in Massachusetts when the historic court decision took effect three years ago today. His move was challenged by gay rights advocates, resulting in a 2006 ruling by Connolly saying that Rhode Island was the only state that did not explicitly preclude same-sex marriage. That opened the door for Rhode Island same-sex couples but seemed to shut it for all others. In the decision, Connolly pointed out that New York couples could not marry here because of a recent New York Court of Appeals ruling prohibiting same-sex marriage. But the couples lawyers noticed that the ruling came down on July 6, 2006. They went back to Connolly to make the case that before that date New York had no

explicit ban on the practice and that the couples who came here in that time frame had legitimate marriages. Michele Granda said the exhilaration created by the SJCs samesex marriage decision prompted many New York couples to come here to tie the knot despite the legal uncertainty. It was a breath of fresh air that they could go to another state and marry . . . and experience what it means to be rst-class citizens for the rst time, said Michele Granda of Gay and Lesbian Advocates and Defenders, who was lead lawyer in the case. GLAD lawyers said similar exceptions may exist for couples from New Jersey and New Mexico, though it is unclear whether any couples from those states were married here. No such cases have been led. Though the case grew out of previous litigation pitting Massachusetts against out-of state gay couples, new state Attorney General Martha Coakley in this instance sided with the couples. We felt it was appropriate that [the New York couples] be included, she said in an interview. Its an appropriate resolution, and I think it affects a relatively small and discrete number of people.

Same-sex marriage ban clings to thin margin

MARRIAGE
Continued from Page A1

DINA RUDICK/GLOBE STAFF

Inmate Jude Mischke (right) spoke with Amherst junior Zac Mason at the Hampshire County Jail and House of Correction.

on, the sources said. Wallace did not return calls made to his ofce and home. At least four lawmakers who had initially voted for the gay marriage ban in January have signaled that they may switch their votes, the sources said, giving same-sex marriage supporters growing condence they can kill the measure and spare Massachusetts from becoming the epicenter once again in the countrys cultural wars during a presidential election. On May 17, 2004, just six months before the last presidential contest, the nations rst legal same-sex weddings took place in Massachusetts, following a landmark state high court decision. The stepped-up lobbying and reports of changed votes come as same-sex marriage advocates celebrate the third anniversary of the rst such weddings today with a party and a $750,000 media campaign. A nal vote by the Legislature on the constitutional ban could take place as early as June 14, when lawmakers reconvene at a constitutional convention, but would be delayed by leaders if the votes are not yet in place. Still, few of those seeking to block the proposal would publicly predict success, beyond acknowledging that some movement is taking place. There are legislators who are listening closely and are receptive to us, their constituents, to the married couples that are meeting with them, and are giving serious consideration to whether it makes sense to advance this to the ballot, said Marc Solomon, campaign director for MassEquality, the group leading the ght to keep gay marriage legal here. Solomon declined to identify

Marriages in Massachusetts
The marriage records received and recorded by the Massachusetts Registry of Vital Records from May 17, 2004, to April 26, 2007.

Male/Female Male/Male

104,664 (92%) 3,486 (3%) 6,209 (5%)

KATHLEEN HENRIKUS, DAIGO FUJIWARA/GLOBE STAFF

Female/Female

SOURCE: Mass. Department of Public Health

the legislators that his group and its leading allies on Beacon Hill House Speaker Salvatore F. DiMasi, Senate President Therese Murray, and Governor Deval Patrick are focusing on. Tension over the legislative showdown is mounting as national leaders begin to press their case on Democrat-dominated Beacon Hill that the party cannot afford for Massachusetts to become a battleground over same-sex marriage next year. US House Speaker Nancy Pelosi weighed in with calls in the last few days to DiMasi and Murray. She emphasized to state Democratic leaders that national Democratic ofcials feel strongly that a high-prole over the issue in 2008 would galvanize conservative voters nationally and undercut their efforts to capture the White House and keep control of Congress. Most observers agree that the Supreme Judicial Courts decision to legalize same-sex marriage was a major hindrance to US Senator John F. Kerrys presidential campaign in 2004. Other Washington gures are also expected to enter the fray.

Democratic Party chairman Howard Dean has offered to make himself available to lobby legislative leaders. Gay activists say they have also lined up Kerry, US Senator Edward M. Kennedy, and many members of the states US House delegation. Kris Mineau president of the Massachusetts Family Institute, which is leading the effort to get the amendment on the ballot said the money and political pressure is mind-boggling but he is condent that same-sex marriage opponents are holding onto the eight-vote margin they had when the amendment won its rst round of approval in January. This is a huge amount of money and a huge effort for one express purpose: to prevent the people from voting on the denition of marriage, Mineau said. If we are going to change the denition of marriage, only people can make that decision. According to State House sources involved in the highstakes struggle to block the proposal, the Beacon Hill leadership is condent it is on the verge of cutting the support for the measure to as few as 52 votes out of the 200 lawmakers. To make it to the ballot, the voter-initiated amendment must be approved by at least 50 in two consecutive legislative sessions. If he needs votes, DiMasi is expected to call upon some of his top lieutenants, including Speaker Pro Tempore Thomas M. Petrolati of Ludlow and House and Ways Means Chair Robert A. DeLeo of Winthrop, to back off from their support of the amendment. One target of lobbying Representative Paul Kujawski, a Democrat from Webster who voted for the amendment in January said that he is facing pressure from both sides. I am listening to

everybody, said Kujawski, who represents a socially conservative district. But if the vote were tomorrow, my vote would still be the same. Wallaces quest for the job at the quasi-public sports and entertainment commission began well over a year ago, a senior Beacon Hill political gure conrmed yesterday, long before the intensive lobbying effort began. Still, if he resigns before the nal vote on the amendment, advocates of the ban will probably charge that legislative leaders and Patrick dangled a job in front of him in order to diminish the ranks of supporters of the measure. Patrick has denied that he is using jobs in his administration to lure pro-amendment lawmakers out of the Legislature. Neither the governor nor legislative leaders have direct control over the Sports and Entertainment Commission, but such agencies do not easily brush aside their requests. No one at the commissions ofce could be reached late yesterday. Adding to the lobbying is a $750,000 media campaign launched yesterday by MassEquality that will argue that a civil rights issue, including the right to marry, should not be the subject of a popular referendum. We have never voted to restrict individual rights in this state, let alone sought to amend the constitution to take rights away, said Solomon. We hope this campaign makes people aware of how unfair and dangerous this ballot measure is to everyone, not just committed gay and lesbian families. The 30-second television spots feature three gay couples whose lives MassEquality says have been improved by the 2003 decision that legalized gay marriage in Massachusetts.

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