Review Faults Prosecutors' Handling Of Remy Case03:03

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An independent report released Wednesday faults Middlesex County prosecutors' handling of a domestic violence case that freed defendant Jared Remy the day before he allegedly murdered his girlfriend, Jennifer Martel.

Jared Remy, during his arraignment on murder and assault charges in the death of his girlfriend, Jennifer Martel. (Ted Fitzgerald/Boston Herald/AP, Pool)
Jared Remy, during his arraignment on murder and assault charges in the death of his girlfriend, Jennifer Martel. (Ted Fitzgerald/Boston Herald/AP, Pool)

Middlesex District Attorney Marian Ryan commissioned the report and says she has since established new policies that should prevent such tragedies in the future.

Jared Remy was arrested on assault charges on Aug. 13, 2013, after allegedly pushing Martel face-first into a bathroom mirror at their Waltham home. She won an emergency restraining order against him the same night.

The son of the former Boston Red Sox player and broadcaster Jerry Remy, Jared Remy had a lengthy history of prior arrests, including for violence against women. When he was arraigned in Waltham District Court the next day, prosecutors recommended he be subjected to a no-contact order, but also that he be released on his own recognizance and without bail, which he was.

Ryan now says that was a mistake.

"When you look at the way this tragic case has unfolded, it is inescapable that we should have made a different recommendation as to bail," Ryan said.

A day after Jared Remy was freed, alarmed neighbors called police back to that Waltham home. Officers say say they found Martel slashed to death, and a shirtless Remy splattered with blood. He was arrested for murder.

Ryan commissioned two former prosecutors to conduct a report on the case after she was criticized for defending the initial recommendation that Jared Remy be freed without bail.

Report co-author Kevin Burke says in general, Ryan's office operates with good standards and procedures. But in this case, he says, there were "deficiencies" — particularly the failure to seek a dangerousness hearing that could have kept Remy behind bars longer.

"In hindsight of course this defendant was and is dangerous," Burke said. "In order to ensure that there is sufficient analysis of whether bail or dangerousness should be considered, our recommendations were that there needs to be more consultation and supervision at that stage."

Ryan acknowledges her staff gave too little weight to Jared Remy's prior record. New policies for supervision and training now in place, she says, would make for a different outcome.

"In light of the changes we have made, I would expect that there would have been a different recommendation," Ryan said. "What would have happened once that recommendation was made, obviously we can't say."

Ryan declined to say whether the assistant district attorney who recommended Jared Remy be set free faced any disciplinary action. Jared Remy's trial for murder and other charges is set for next October. He is being held without bail.

This program aired on December 19, 2013.



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