To the editor:
Almost 20 years ago, I worked as an assistant district attorney under Gerry Downing along with Paul Caccaviello and David Capeless. After leaving the district attorney’s office in 2002, I represented many criminal defendants in Berkshire County, and have dealt with the district attorney’s office under both David Capeless and Paul Caccaviello.
When David Capeless was the district attorney, I publicly criticized his policy of seeking mandatory minimum jail sentences for first-time, low-level drug offenses, including marijuana offenses. The policy of seeking incarceration in all cases was unique in Massachusetts and displayed a lack of compassion that neither served the accused, nor the community.
Paul Caccaviello is not David Capeless. Paul is an effective litigator, but he is also a compassionate person. He was a mentor to me, and his touchstone was seeking justice. When I became a defense attorney, and tried matters against him, I saw first-hand that he was an effective prosecutor. As importantly, he was always forthright.
My recent experiences in court tell me that Paul is initiating changes in the way cases are prosecuted in Berkshire County. In a recent case against a client of mine who was a college student accused of selling drugs, I suggested a diversion program with probation and counselling. The district attorney’s office agreed to that request. This is just one example of Paul’s willingness to properly exercise discretion in the interests of justice. Paul is knowledgeable and can be tough, but he is also honest, fair, and compassionate.
Ira Kaplan
Great Barrington
