Judge complains about missed deadlines by Hillsborough County prosecutors, cites systemic problems

Jun. 1—A judge has complained about a "systemic problem" in the office of Hillsborough County Attorney John Coughlin and warned he may eventually sanction the office if newly hired prosecutors continue to miss deadlines.

In two orders issued in May, Hillsborough County Superior Court Judge Will Delker complained that several prosecutors have missed deadlines and not engaged in timely negotiations with defense lawyers to resolve cases with plea bargains.

Delker said he may have to issue contempt sanctions, similar to a fine, against the office.

"The problem does not appear to be a result of lack of diligence by any individual prosecutor," Delker wrote. "Rather, the shortcoming appeared to be a systemic problem within the Hillsborough County Attorney's Office." At another point, he referred to systemic failure.

Coughlin, who was elected to the office last November, blamed the problem on staff turnover and a faulty calendaring system that his predecessor downloaded for free from the internet. Coughlin said the situation will improve when county officials fund a Microsoft package to better track deadlines and appointments.

Meanwhile, a former prosecutor forced out of the office suggested that Attorney General John Formella should become more involved.

"Probably what needs to happen is the attorney general needs to come back in in a training capacity," said Nicole Schultz-Price, the former first assistant in the Manchester office.

Two years ago, Schultz-Price was first assistant when then-Attorney General Gordon MacDonald took over prosecutorial functions of the office following criticism over the handling of several high-profile cases.

Coughlin said there is no need for Formella to get involved with the office but noted the attorney general recently provided training for his prosecutors.

In a statement, Formella spokesman Kate Giaquinto said the Justice Department will work with Coughlin to provide any support needed to address the issues that Delker identified.

Delker's highly critical orders were in two unrelated cases. One dealt with Carlos Claudio, who is charged with being an armed career criminal and felonious use of a firearm. The other dealt with Carlos Marsach, who is accused of firing a gun in a residential neighborhood.

In the Claudio case, Delker noted that he told prosecutors to respond to a plea offer by April 22. But during a court hearing on May 13, the prosecutor acknowledged he had not done so.

Prosecutor Jonathan Raiche noted he was assigned the case after the original prosecutor resigned; Raiche said he was unaware of the deadline, Delker wrote. The deadline was part of the file, Delker wrote.

"He did not have an explanation for why the court-ordered deadlines had not been calendared, except due to an oversight," Delker wrote.

Eight other pending cases that week involved missed deadlines or paperwork that had not been properly filed, Delker wrote. Other judges in Hillsborough-North have complained about similar lapses.

"Failure to abide by the deadlines creates tremendous inefficiencies, delays the resolution of cases, creates backlogs, and is inconvenient and unfair to the defendants and opposing counsel," Delker said.

In the Marsach case, Delker complained that prosecutors had not met deadlines for turning evidence over to defense lawyers. They had also not responded to proposals for resolving cases.

Delker said he is sensitive to the tremendous turnover in the office, but it does not explain why there is no system to mark calendars with deadlines. And if deadlines can't be met, prosecutors need to file papers asking for extensions, he wrote.

In January, Coughlin, a Republican, took over an office that had been led for two years by Democrat Michael Conlon.

Coughlin said Conlon had stitched together a system using free calendaring software downloaded from the internet.

"A variety of different approaches were being used in the office, and systemic failures under those circumstances are inevitable," he wrote. County officials are considering an appropriation for Microsoft Office 365, he said.

But Schultz-Price said the problems stem from a lack of leadership and the loss of experienced attorneys. Eight prosecutors left the office between November and April. Schultz-Price said prosecutors were terrified of Coughlin, noting that Coughlin launched a wiretapping criminal investigation against his prosecutors during his last stint as county attorney in the early 2000s.

She said the atmosphere with Coughlin's new first assistant was hostile, uncomfortable and uncooperative.

"All your experienced prosecutors walked out the door, that should say something," said Schultz-Price, who is now a partner at the Nashua office of Kajko, Weisman & Colasanti, where she handles civil litigation.

Coughlin disputed the notion of a terrified office. One of the experienced prosecutors retired, another took a job with the Manchester city solicitor and another quit because of the workload. He acknowledged losing prosecutors to the workload, a complaint voiced by his two immediate predecessors.

He said he has convinced Hillsborough County officials to fund more prosecutors: two full-time and one part-time, bringing his two-office total to 31.

He has hired several lawyers with little experience, including Lynne Blankenbeker, a former Republican state representative, and Norm Lazarow, a cardiologist making a career change.

Coughlin said he tried to hire experienced prosecutors. But he couldn't and compared his situation to that of a baseball team that can't land an ace pitcher.

"We're trying to build a bench. That's what we're working on," he said.