Independent investigation clears Assistant District Attorney Mark Lee of improper conduct
BOSTON, July 6, 2023 – An independent investigation has cleared Assistant District Attorney Mark Lee of any misconduct and has recommended that he be immediately reinstated to his position, District Attorney Kevin Hayden announced today.
Comprehensive Investigations and Consulting, LLC (CIC) conducted 23 interviews and reviewed 84 documents and 54 exhibits in concluding that Lee “did not do anything inappropriate or unethical” in the case involving the 1992 second-degree murder conviction of Robert Foxworth and his subsequent appeals.
“This investigation was careful, thorough and comprehensive. It concludes, unambiguously, that ADA Mark Lee did nothing improper regarding the Foxworth case. The report also recommends his immediate reinstatement. We are pleased to be following that recommendation,” Hayden said.
In addition to following the recommendation for Lee’s reinstatement, Hayden announced the appointment of Lee as chief of the office’s homicide unit. Lee, who has served as deputy chief of homicide since 2008, will assume the position formerly held by Edmond Zabin, who was appointed by Hayden as first assistant district attorney in April.
“Mark’s character, prosecutorial experience and dedication to the people of Suffolk County equip him well for this extremely important position. We welcome Mark back to the office and we look forward to his strong leadership of the homicide unit,” Hayden said.
The CIC investigation revealed that the information Lee was accused of withholding had been known to Foxworth and his counsel for many years, and that the January 2021 dismissal of the charges against Foxworth was unrelated to that information. The investigation also concluded that the information leading to the dismissal had been known to Foxworth’s counsel since 2008 but, again, was not revealed to the Suffolk County District Attorney’s office for many years.
The report showed that when Foxworth’s counsel finally brought forward that information, which involved a recantation by an eyewitness, Lee played an instrumental role in the ensuing investigation. The report found that Lee led the interview of the eyewitness and that his assessment of the witness’s credibility proved pivotal in the dismissal of Foxworth’s charges.
Lee was not in the office when the case went to trial in 1992.
“We have always been confident that the office’s actions in the Foxworth case were proper, ethical and instrumental in addressing the problematic 1992 trial and conviction. We’re pleased that this investigation and report soundly rejects any suggestion of improper conduct by Mark Lee, and we’re glad to have this matter resolved,” Hayden said.
All charged individuals are presumed innocent until and unless proven guilty beyond a reasonable doubt.
Suffolk County District Attorney Kevin Hayden’s office serves the communities of Boston, Chelsea, Revere, and Winthrop, Mass. The office handles over 20,000 cases a year. More than 160 attorneys in the office practice in nine district and municipal courts, Suffolk Superior Court, the Massachusetts Appeals Court, the Supreme Judicial Court, and the Boston Juvenile Courts. The office employs some 300 people and offers a wide range of services and programs to serve anyone who comes in contact with the criminal justice system. This office is committed to educating the public about the services we provide, our commitment to crime prevention, and our dedication to keeping the residents of Suffolk County safe.
James Borghesani, Chief of Communications