Hampden DA candidate Stephen Buoniconti acknowledges work as defense lawyer

Buffy Spencer, The Republican

The Republican / Don Treeger Hampden County district attorney candidate Stephen Buoniconti, who has attacked opponent Mark Mastroianni for Mastroianni's work as a defense lawyer, has acknowledged his own work as a defense lawyer.

SPRINGFIELD - After a week of intense criticism of his opponent’s work as a defense lawyer, state Sen. Stephen J. Buoniconti acknowledged on Friday that he has represented criminal defendants during the last decade in area courts.

Buoniconti, a Democrat, and Mark G. Mastroianni , an independent, are vying for the job of Hampden district attorney .

On Oct. 4, Buoniconti attacked Mastroianni at a debate for being a defense lawyer.

Buoniconti said at that debate that “for the last 15 years as both a prosecutor and as an elected official I continued to fight for you, the citizens, the good citizens of the county.”

He said that Mastroianni had “chosen a different path,” trying to get people out of jail early and representing “the most notorious gangsters and criminals.”

When Buoniconti was asked about four criminal defendants he represented in Hampden Superior Court in the last 10 years and about his defense of a number of people charged with criminal acts in the area’s District Courts, he sought to draw distinctions between himself and his opponent.

Mastroianni said, “We are developing a pattern of Steve Buoniconti telling the public one thing, and then the public finding out something totally different. Steve Buoniconti’s response to everything is to attack my integrity.”

Buoniconti on Friday repeated his comments from the debate, saying that Mastroianni “has a 15-year pattern of representing some of the most notorious and dangerous criminals in our area.”

One defendant that Buoniconti has repeatedly said Mastroianni represented was Dennis Colon, who he said was “alleged to be the major drug supplier of the North End.” Court records show that in early August Mastroianni, who does not represent Colon, filled in for Colon’s lawyer just for Colon’s arraignment.

Asked how much defense work he has done, Buoniconti said he’s been involved in a “handful” of criminal cases over the last 10 years - “On average less than two a year. I have never represented a member of organized crime, murderer, rapist, or drug dealer.” He said he hasn’t handled a criminal case in the last four years.

Buoniconti was asked how many cases he has handled in district court, but he did not give a number. Court records indicate that Buoniconti served as a lawyer hired privately by clients.

In Hampden Superior Court he represented Robert Reilly, who pleaded guilty in a 2002 case of assault with a dangerous weapon.

In a superior court case from 2003, Buoniconti represented Andrew Ziemba, who pleaded guilty to three counts of unarmed robbery of a person over 50 years old and one count of receiving stolen property in the amount of over $250. Ziemba was one of three Chicopee teens charged in relation to purse snatchings in that city.

Ziemba was sentenced to four years probation which he violated a number of times.

In another superior court case from 2002, Buoniconti represented John Brinkman, who pleaded guilty to assault and battery with a dangerous weapon and carrying a dangerous weapon. Brinkman was sentenced to three years probation.

In Springfield District Court, Buoniconti has represented a woman for driving under the influence of liquor and other charges after an accident on Interstate 91; a man charged with assault and battery with a dangerous weapon, assault with a dangerous weapon and intimidating a witness; and a woman charged with threat to commit murder, assault with a dangerous weapon and wanton destruction of property.

Mastroianni said, “I’m not hiding from the fact that I am an experienced and accomplished defense attorney just as I’m not hiding from the fact I was an accomplished and successful prosecutor.” He said that defense lawyers provide “constitutionally mandated defense” to those accused of crimes.

Mark Mastroianni

Mastroianni said that Buoniconti, in attacking his work as a defense lawyer, is seeking to obscure Mastroianni’s five years as a prosecutor “handling the type of cases that he (Buoniconti) could never hope to have the ability to handle.”

Mastroianni said his endorsements by law enforcement rebut Buoniconti’s “continued attacks on my integrity.”

Mastroianni has been endorsed by the union representing Springfield police officers, by Holyoke Police Chief Anthony R. Scott and by 41 former assistant district attorneys and assistant U.S. attorneys.

Buoniconti has been endorsed by Hampden Sheriff Michael J. Ashe and the union representing East Longmeadow police officers.

Both Mastroianni and Buoniconti were assistant district attorneys for five years before they went on, Mastroianni to private law practice and Buoniconti to the state legislature and an ongoing private law practice.

Buoniconti, the three-term senator, also earned $114,000 since 2006 as part-time counsel for the county retirement board, but listed the earnings on his Ethics Commission filing as private-sector legal fees, not income from another public agency.

Mastroianni said that the pattern of Buoniconti misleading the public started with the retirement board issue and Buoniconti’s pledge before the primary to release his taxes.

Although he gave The Republican a one-page document with a figure for income and a figure for taxes , Buoniconti has not released his tax returns. Mastroianni has released his complete tax return .

“Every issue and every problem that Steve Buoniconti is facing during this campaign has been brought about by his own behavior and his failure to be forthright,” Mastroianni said.

Buoniconti was also a lawyer in a civil case in Hampden Superior Court for Stephen Monaghan, who pleaded guilty in District Court to a brutal beating of a disc jockey at the Mardi Gras in downtown Springfield in 2004. Buoniconti did not represent Monaghan in the criminal case.

Asked about his representation of Monaghan in the civil suit, Buoniconti said, “I don’t see how a civil case is relevant to this race since I had no interaction with the criminal justice system.”

The disc jockey, Joseph Albano, filed the civil suit demanding damages from the club for his injuries at the hands of Monaghan, a patron at the time. The Mardi Gras, represented by Daniel D. Kelly, successfully got Monaghan included as a defendant, saying if the club is found liable for Albano’s injury, Monaghan should also be found liable since he was the one who committed the assault.

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