Chism judge evicts press, public for 15 minutes
By 
The judge in the Philip Chism murder trial kicked the press and the public out of his Salem courtroom for about 15 minutes this week to prevent the release of test questions used to determine whether someone is faking mental illness.
Chism is charged with the brutal murder and rape of his teacher Colleen Ritzer in October 2013. Chism concedes he killed Ritzer but claims he was suffering from a child psychosis at the time. A prosecution witness, neuropsychologist Nancy Hebben, testified Chism was trying to fake mental illness when he answered the questions.
Chism’s defense attorney said she wanted to ask Hebben about those questions, raising concerns that news reporting on them and how they are used would make them useless in testing future patients and possibly violate copyright restrictions.
Judge David Lowy offered to keep his courtroom open as long as news outlets agreed not to publish any information about the questions.The Salem News and its sister publication the Eagle-Tribune refused to comply with what they described in news reports as Lowy’s “gag order,” so the judge closed his courtroom to the public while Hebben was questioned. The Boston Globe, which is also covering the trial, did not report on whether it was willing to comply with the judge’s request.
Peter Caruso Sr., a lawyer for the Salem News and Eagle-Tribune, said the newspapers could not compromise on the First Amendment right to observe what goes on in the courtroom. “That principle cannot be compromised in any situation,” he said.
“The public should be outraged,” the two newspapers said in matching editorials. “The question of whether Chism is mentally ill is the heart of the case. It is unconscionable to bar the public from hearing testimony that bears directly on that question.”
The courtroom closing wasn’t the only problem Lowy has had with the press. He removed a pool television camera from the courtroom earlier in the trial after a photographer violated his instructions and showed the faces of two jurors.
Lowy was nominated for his judgeship in 1997 by former governor William Weld, whose chief of staff at the time was Virginia Buckingham, Lowy’s wife. Buckingham later went to work for the Boston Herald for four years as a deputy editorial page editor and a columnist, so Lowy probably knows quite a bit about the press.
—BRUCE MOHL
BEACON HILL
As a candidate, Baker called for disclosure of the work experience of new state hires in state government to combat the perception that who you know matters more than what you know in landing such jobs, but his administration recently turned down a request for copies of resumes of new hires. (Boston Globe)
Baker says he’d support transferring ailing former House speaker Sal DiMasi from a federal prison hospital in North Carolina to a facility closer to home, but he balked at weighing in on whether DiMasi should be granted “compassionate release,” as some others have called for. (Boston Herald)
Attorney General Maura Healey discusses her first year in office. (The Sun)
Former state rep. David Flynn of Bridgewater, the one-time Dean of the House who ran in 40 elections for various state and local posts without a loss, died Thursday after a battle with pancreatic cancer. He was 82. (The Enterprise)
MUNICIPAL MATTERS
A Quincy police lieutenant, the highest paid city employee last year because of details and overtime, was suspended six months without pay after an internal investigation determined he was double-dipping, getting paid for details while he was supposed to be working his regular shift. (Patriot Ledger)
A restaurant was the lone bidder for a lease on a city-owned waterfront parcel in Beverly. (Salem News)
WASHINGTON/NATIONAL/INTERNATIONAL
Connecticut Gov. Dannel Malloy announced he will sign an executive order barring people on the federal government’s no-fly list from purchasing guns. (New York Times)
ELECTIONS
A new WBUR poll indicates Donald Trump’s lead among GOP primary voters in New Hampshire is increasing, particularly among men. Chris Christie’s standing is also improving. (WBUR) A national NBC News/Wall Street Journal poll says 57 percent of Americans disagree with Trump’s position barring Muslims from coming into the country. (Washington Post) A New York Times/CBS News poll suggests concerns about terrorism and national security are fueling Trump’s standing with voters.
The New England Police Benevolent Association endorses Trump. (Boston Herald)
Iowa Democrats are piloting the first tele-caucus as military members, Peace Corps volunteers, diplomatic officials, and students outside the state or serving overseas can phone in their votes in the February 1 caucus. (U.S. News & World Report)
BUSINESS/ECONOMY
In an ominous sign of the hollowing out of the middle class, Americans in the middle class do not represent a majority of the country for the first time in four decades. (Washington Post)
Nobel Prize-winning economist Joseph Stiglitz says rolling back financial deregulation rules and beefing up antitrust enforcement are key to combatting growing inequality. (Boston Globe)
Boston is in the running to land the corporate headquarters of General Electric because, past reputation notwithstanding, the state offers a fairly friendly tax environment for the company. (Boston Globe)
Polartec says it is leaving Lawrence; former owner Aaron Feuerstein calls it a “disgrace.” (Boston Globe) Workers at the plant express bitterness and resignation, but not surprise at word that the company’s factory there will close. (Eagle-Tribune)
DraftKings and FanDuel say they support the Massachusetts approach to regulating their daily sports fantasy industry. (Associated Press)
David Gibbons, a veteran hotel executive, is expected to be named the new head of the state convention center authority. (Boston Globe)
SCIENCE
Researchers at Cornell University announced the birth of the first litter of puppies through in-vitro fertilization, a breakthrough they say that could open the door to save endangered species as well as aid in ridding dogs of genetic diseases and further research on human genetic disease. (New York Times)
EDUCATION
Three schools in Lawrence made it into the top tier of the state’s accountability system, two of them moving all the way from Level 4 to Level 1. Still, not all schools made progress. (Eagle-Tribune)
Swampscott Schools Superintendent Pamela Angelakis sent a letter to parents saying the ongoing investigation of high school principal Edward Rozmiarek, who is on administrative leave, does not involve students or finances.(The Item)
A group seeking to build a charter school in Fitchburg takes a second run at it with a new name and a different focus. (Telegram & Gazette)
More than two dozen colleges and universities with religious affiliations have received waivers for exemptions to Title IX that bars discrimination based on race, sex, religion, or sexual orientation at schools that receive government funding. (New York Times)
Fall River business leaders urged city officials to retain Schools Superintendent Meg Mayo-Brown even as the embattled administrator interviewed as one of three finalists for the same post in Barnstable. (Herald News)
The Massachusetts College of Liberal Arts brings on James “Jaimie” Birgeto, the former Franklin Pierce University president and a Westfield State University graduate, to replace Mary Grant who is leaving to become chancellor at the University of North Carolina Asheville. (MassLive)
Pittsfield High School wants an adjacent skate park closed during school hours. (Berkshire Eagle)
‘Tis the season: Cambridge Rindge and Latin grad Matt Damon gets the nod as MIT’s graduation speaker. (Boston Business Journal)
HEALTH/HEALTH CARE
The total number of visits to emergency rooms in the state dropped slightly last year but visits involving behavioral health emergencies spiked considerably. (State House News)
TRANSPORTATION
MBTA officials said a Red Line train left the Braintree station without a driver when a veteran operator stepped out of the car to check a signal problem. The train took off with passengers aboard before officials cut off the power to the third rail, bringing it to a rolling stop in North Quincy. (Patriot Ledger) Joe Battenfeld says the Baker administration needs to offer a full accounting of what happened and hold accountable those who were responsible — fast. (Boston Herald)
The MBTA dumps its major Green Line extension contractors and plans to overhaul its own internal project staff. (CommonWealth) A Herald editorial applauds the Baker administration’s move to hit the pause button on the project in order to try to rein in costs.
An Item editorial calls for extending the Blue Line to Lynn.
ENERGY/ENVIRONMENT
The Cape continues to lose ground against coastal erosion. (Cape Cod Times)
Utilities are using pumped storage facilities to store renewable electricity. (Christian Science Monitor)
CRIMINAL JUSTICE/COURTS
The Probation corruption trial, now at the appeal stage, drags on and on and on. (CommonWealth)
The Boston Globe is moving its newsroom and business operations to 53 State St. downtown. With its printing operation headed to Taunton, the Globe’s current address on Morrissey Boulevard in Dorchester is ripe for redevelopment. (CommonWealth)