Single Justice Issues Ruling Vacating Conviction
BOSTON, January 28, 2020— A single justice of the state’s highest court today issued a ruling supporting justice, equity, and rehabilitation. Mr. Osman Bilal, a man who paid his debt to society on a misdemeanor offense nearly a decade ago, will now have that conviction vacated, helping pave the way for him to renew his legal residency in the United States.
Supreme Judicial Court Justice David Lowy additionally ruled that Suffolk County District Attorney Rachael Rollins’ senior staff acted in good faith and in accordance with the law in the pursuit of justice in the case of Mr. Bilal.
“Nearly a decade ago, Mr. Bilal accepted responsibility for his actions,” District Attorney Rollins said. “He has worked to improve his life and now stands as an example of what our criminal justice system, at its very best, can achieve: accountability, rehabilitation, and the opportunity to rise above past actions, succeed in moving forward with dignity, and be a productive member of society and their community. Neither justice nor public safety is served when individuals suffer a lifetime of extreme collateral consequences after paying their debt to society. This is particularly true with nonviolent offenses.
“I would like to personally thank my outstanding General Counsel, Assistant District Attorney Donna Patalano, for her pursuit of justice, fairness, and equity for Mr. Bilal. She has undertaken this work with the highest level of integrity at each step.
“This ruling validates the right of prosecutors to ask for new trials and to file, at their discretion, a nolle prosequi which terminates any legal action in a case by withdrawing the charges.”
In 2011, Mr. Bilal entered into a plea agreement before Judge Sally Kelly in the Central Division of the Boston Municipal Court, taking accountability for a misdemeanor shoplifting offense committed earlier that year. During subsequent proceedings, Judge Kelly heard and denied motions for a new trial based on claims of ineffective assistance by Mr. Bilal’s former attorney.
Based on his misdemeanor conviction, Mr. Bilal, whose family fled their native Somalia two days after his birth, faced the inability to renew his legal residency in the United States and the possibility of being deported to a country that was all but unknown to him, having spent a mere 48 hours in Somalia approximately 28 years ago.
Upon learning of the unjust immigration consequences resulting from the nearly decade-old plea, District Attorney Rollins’ Office worked with Mr. Bilal’s newly-appointed defense counsel to draft an agreed-upon motion for a new trial. The parties appeared in the court and were directed to appear before Judge Michael Coyne. After learning the urgency of the matter and the intended course of action, and with the case file before him, Judge Coyne allowed the motion for a new trial. General Counsel Patalano then filed a nolle prosequi, formally ending the prosecution of the case.
Judge Coyne later reversed his decision and reinstated the conviction, prompting the filing of the motion for extraordinary relief heard by the Single Justice.
“When a system prioritizes finality over justice, nobody wins. People and systems make mistakes. As a minister of justice, it is my obligation to address injustice. We did that here.
“I was elected to create a more equitable and fair justice system in Suffolk County, which requires not only responding proportionately to offenses that occur during my administration, but also reevaluating past actions and, when necessary, as it was here, taking corrective actions,” District Attorney Rollins said. “When an individual has worked so hard to take accountability for their actions and turned their life around, I will not sit idly by when cruel and extreme collateral consequences impede their ability to move beyond their past. No one is their worst moment.”
Mr. Bilal was represented in the proceedings by attorney Kelly Cusack.
Suffolk County District Attorney Rachael Rollins’ office serves the communities of Boston, Chelsea, Revere, and Winthrop, Mass. The office handles over 25,000 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.