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Access to Justice Award winners honored at Annual Dinner

Issue May/June 2016

Prosecutor Award: Ellen Berger
Hampden County District Attorney's Office

Ellen Berger has been a dedicated prosecutor in the Hampden County District Attorney's Office for 25 years. She currently serves as the chief of the Grand Jury Intake Unit, a division of the office that has contact with every law enforcement agency in the county.

Described as an unsung hero, Berger plays an important, but often behind-the-scenes role in all Superior Court prosecutions. She screens cases for possible indictment, evaluates evidence, contacts law enforcement agencies to obtain additional information, works with assistant district attorneys to prepare and present cases before the grand jury and coordinates the administration of the unsolved homicide cases in Hampden County. A key facet of her work is presenting cases to the grand jury, which includes instructing the grand jurors on the law by defining the elements of crimes and legal concepts.

This position is a meaningful and important role for Berger, who previously served as an assistant district attorney in the District Court and in the Appellate Division of the office.

"As a prosecutor, your job is to seek the truth and by doing so, you are protecting and serving the citizens of the commonwealth," said Berger.

In addition to being a valued and trusted colleague, she has also been praised for her mentoring of younger attorneys as they advance and transition from District to Superior Court. Berger strongly believes that mentoring others is a way of paying it forward and ensuring the fairness and integrity of the criminal justice system.

"Justice requires well-trained prosecutors. I was mentored by experienced prosecutors and I try to help less experienced attorneys to grow into this important job," added Berger.

A native of New Paltz, New York, Berger is a graduate of Springfield College and Western New England University School of Law, and was a law clerk to the Justices of the District Court prior to joining the District Attorney's office.

Pro Bono Publico Award: Charles R. Casartello, Jr.
Pellegrini, Seeley, Ryan & Blakesley PC

A native of Springfield, Charles Casartello Jr. is a partner at Pellegrini, Seeley, Ryan & Blakesley PC, where he concentrates in personal injury, workers' compensation and Social Security law.

Known for his passion and dedication to pro bono efforts, his proudest moment as a volunteer lawyer was representing victims of the World Trade Center attacks in New York City. Recruited by Massachusetts Bar Association Past President Leo V. Boyle, Casartello worked on four pro bono cases, and represented first responders and families who suffered the loss of a loved one in the 9/11 tragedy.

"I was proud to do it. I felt humbled to do it and I hope I brought some solace to those folks and their families," said Casartello. "Going there and meeting families and victims was really an emotional experience, but also a very fulfilling experience."

Casartello is chair of the Hampden County Bar Association's (HCBA) Pro Bono Committee and Hampden County Legal Clinic, which helps provide "Lawyers for the Day" who volunteer to represent pro se clients in the Housing Court, Probate and Family Court, and District Court.

"We're trying very hard to increase the number of lawyers who dedicate time and talent to pro bono service, because there's an ever-growing need coming to the courts," added Casartello.

A past recipient of the MBA's Community Service Award, Casartello helped facilitate a "Day of Service" program in Hampden County in which volunteer lawyers are made available to the public to answer common questions in areas, such as employment law, landlord/tenant matters and benefits eligibility. Casartello is a past recipient of the HCBA's John M. Greaney Award for his outstanding citizenship to the law community in Hampden County.

In 2000, Casartello received the Harriet Louise Hardy Award for outstanding service to workers in issues of health and safety. In 2003, he was also named a Silent Hero by Griffin's Friends Children's Cancer Fund. Casartello is also the 2015 recipient of the Legal Aid Champion Award by Community Legal Aid.

Casartello attended the U.S. Coast Guard Academy and is a graduate of Springfield College and Western New England University School of Law.

Legal Services Award: Valerie Fisk
Community Legal Services and Counseling Center

Valerie Fisk, a supervising immigration attorney at Community Legal Services and Counseling Center (CLSACC) in Cambridge, has represented hundreds of clients in immigration proceedings throughout the past 25 years.

During her career she has achieved a near 100 percent success rate in obtaining legal status for her clients, none of whom have ever been deported under her legal guidance. Fisk is deeply committed to providing high quality legal services to immigrants and refugees and acknowledges the importance of the daily work she conducts on behalf of her clients.

"A client once told me I had the best job because the work that we do allows people to start their lives over," said Fisk.

Known as an immigration and domestic violence expert in Massachusetts, Fisk was one of the first attorneys in the state to focus on providing representation in Violence Against Women Act and U-visa cases. She has also been one of the pioneers in successfully representing Special Immigrant Juvenile cases. Fisk has conducted numerous immigration law trainings throughout the commonwealth, and frequently participates in trainings facilitated by the Massachusetts Immigrant and Refugee Advocacy Coalition.

Through training and mentoring, Fisk has helped expand the pool of pro bono attorneys and has taught the nuances of immigration law to a new generation of legal services attorneys. Given the constantly changing landscape of immigration law, having well-trained attorneys is vital to helping clients avoid unpleasant outcomes.

"There are big consequences for people if you don't do things the right way. People can be deported from the United States, and families can be broken up," noted Fisk.

Prior to joining CLSACC, Fisk was a staff attorney at Centro Presente in Cambridge, and program director of community services at Centro Las Americas in Worcester. Fisk is a graduate of North Park College and Western New England University School of Law.

An accomplished musician, athlete, coach, beekeeper and rosarian, Fisk is a person of many talents who not only balances work with her numerous activities, but also brings joy and creativity to her colleagues and clients.

Pro Bono Publico Award: Ingrid Martin
Collora LLP

Described by her colleagues and clients as tenacious, intelligent and a committed advocate for justice, Ingrid Martin is an experienced criminal defense attorney and civil litigator.

A partner at Collora LLP in Boston with a primary focus on the health care industry, Martin volunteered in 2009 to represent Joseph Donovan on a pro bono basis before the Massachusetts Parole Board. Donovan was 17 years old in 1993, when he was tried as an adult and convicted of first degree felony murder. Many, including Martin, felt that his sentence of life without parole was out of proportion, given his age and culpability in a fight that abruptly and unexpectedly turned fatal in the fall of 1992.

Martin has worked relentlessly on Donovan's behalf for the past seven years, fighting for justice at every step of the process. After a 2013 Supreme Judicial Court decision (Diatchenko v. District Attorney) granted parole eligibility to juveniles convicted of life without parole, Martin succeeded in obtaining a parole hearing for Donovan, who became the first juvenile life without parole inmate to appear before the Parole Board after the landmark ruling. In 2014, Martin's staunch advocacy ultimately convinced the board to release Donovan after he had spent more than 20 years in prison.

"For the criminal justice system to work properly, somebody needs to stand up and test the government's evidence," said Martin.

Donovan is now enrolled in a step-down program, with the goal of soon reintegrating back into society as a free person. That will be a day Martin has looked forward to for quite some time.

"There's no question it's going to be the proudest professional moment in my career," acknowledged Martin. "Life without parole was not the right outcome for Joe Donovan. It took people working on a lot of different pieces, but in the end he is going to get out and have a life, and that is so satisfying because that's the right outcome."

Martin is also quick to mention that her selection for this award recognizes many in the legal community who have also advocated for juvenile parole reform.

"I'm the lucky designee for a large group of people who've been working hard on the issues around juvenile life sentences without parole," said Martin.

Born in Switzerland, Martin is a graduate of Harvard Law School and Yale University.

Defender Award: Benjamin H. Keehn
Committee for Public Counsel Services

As a public defender at the Committee for Public Counsel Services (CPCS), Benjamin H. Keehn has never had a boring day since he began working there in 1987. He has dedicated his career to defending indigent, marginalized, and underserved clients, and has advanced the cause of access to justice as an inspirational public servant for close to three decades.

Keehn has worked on more than five dozen reported cases, sometimes as the lead, but often behind the scenes as a member of a collaborative defense team. Reflecting on his career, Keehn acknowledges that the nature of being a public defender is challenging and even disheartening at times. But constantly striving for justice is the goal that has kept him in the public defender role for so many years.

"If you're doing this type of work in order to be a 'success,' or if 'winning' is your measure of success, it's going to be an exercise in futility," said Keehn. "The actual engagement with the client, the law, the court -- the attempt to accomplish something meaningful - is where I get my reward."

Among his most gratifying projects has been aiding clients who were convicted of murder as juveniles and received mandatory life sentences without the opportunity for parole. As a result of Keehn's work in this area, juveniles convicted of life without parole were granted parole eligibility and the right to a fair hearing in the Supreme Judicial Court's two decisions in Diatchenko v. District Attorney of the Suffolk District, I and II.

"You don't often get the opportunity to literally walk a client who has been behind bars for all of his adult life to his home," remarked Keehn.

Described by his colleagues as an outstanding litigator with contagious enthusiasm, Keehn has served as a thoughtful mentor to many young lawyers at CPCS. Whether working with one of his clients or a coworker, he has always displayed a willingness to go above and beyond.

Keehn is a graduate of Columbia University and Northeastern University School of Law.

Rising Star Award: Margaretta Homsey Kroeger
MetroWest Legal Services

In her own words, Margaretta Kroeger advocates for "people in crisis who are trying to access basic life necessities." As a government benefits attorney at MetroWest Legal Services, Kroeger assists clients who have been denied or improperly terminated from disability benefits, as well as those who have been denied other government benefits, such as food stamps, cash assistance, unemployment benefits, health insurance and emergency shelter.

Kroeger, a 2010 graduate of Boston College Law School, is passionate about her work with low-income clients, many of whom face physical and mental disabilities.

"To help prevent somebody from becoming homeless or help them access basic benefits is incredibly rewarding," said Kroeger. "It's really hard to imagine doing any other kind of work when you see the power that you have to transform people's lives on a day to day basis."

While in law school, Kroeger interned in the health and disability unit at Greater Boston Legal Services (GBLS), where she represented clients with disabilities in Supplemental Security Income (SSI) appeals. After graduation she received a prestigious Skadden Fellowship to develop the Transitioning Foster Youth SSI Assistance Project at GBLS, which enabled her to represent youths with disabilities who were aging out of the state foster care system and needed assistance accessing SSI benefits.

In 2014, Kroeger volunteered to serve as co-counsel with the Massachusetts Law Reform Institute in a lawsuit filed against the Massachusetts Department of Transitional Assistance. The suit challenged a new automated procedure for those applying for or receiving food stamps, which resulted in thousands of people being improperly denied or terminated from receiving food stamp benefits.

"I do a lot of individual case work, so it's been great to have the opportunity to advocate for systemic change on a statewide basis as well," said Kroeger.

A native of Delaware, Kroeger received her undergraduate degree from Harvard University in 2004.

Lifetime Achievement Award: T. Richard McIntosh (1948-2015)
South Coastal Counties Legal Services Inc.

Thomas Richard (Rick) McIntosh spent his entire 42-year career working tirelessly to improve the lives of thousands of low-income families in southeastern Massachusetts. As a civil legal aid attorney at South Coastal Counties Legal Services Inc. (SCCLS), formerly known as Legal Services for Cape Cod and the Islands (LSCCI), McIntosh was a trusted colleague and a mentor to many attorneys and paralegals.

McIntosh was dedicated to fighting poverty and advocating for disadvantaged clients. His unparalleled commitment to ensuring that low-income families had access to quality legal representation made him a recognized leader in the Massachusetts legal aid community.

"He found something that he believed in and tried to find a way to do the type of work he wanted to do, which was to protect the less fortunate," said close friend Thomas Kosman, a staff attorney and former colleague at SCCLS.

An expert in unemployment law, McIntosh litigated many cases before the Supreme Judicial Court and the Appeals Court. He also had a keen understanding of laws pertaining to government benefits, particularly veterans' benefits, in addition to housing, elder and juvenile matters.

"Dad was the sort of person who believed that hard work was its own reward," said his son, Andrew McIntosh. "He would have been humbled, delighted and probably surprised to receive this award, even though he clearly deserves it."

Nominated by the Barnstable County Bar Association, McIntosh received the Massachusetts Bar Association's Legal Services Award in 1993 for his significant contributions in the area of civil legal aid.

McIntosh was a resident of Falmouth for more than 40 years and was a dedicated member of the community. He served on the board of directors of the Community Action Committee of the Cape and the Islands, was a member of the Head Start Policy Council for Cape Cod Child Development and served on the Policy Advisory Board for the Department of Transitional Assistance. McIntosh was also acting director of LSCCI twice during his career, once in the late 1970s and again in the mid-1990s.

He was a graduate of Columbia University and earned his law degree from Boston University.

Pro Bono Law Firm: Nutter McClennen & Fish LLP, Boston

Founded by social justice pioneer and (later) U.S. Supreme Court Justice Louis D. Brandeis, Nutter McClennen & Fish LLP has enjoyed a strong commitment to pro bono representation for 135 years. The firm provides extensive pro bono services on a broad range of issues, and encourages all of its lawyers at every level to get involved with various projects and important causes.

"We've inherited our pro bono philosophy and our attachment to pro bono from the seeds that were planted by Louis Brandeis," said Kenneth R. Berman, a partner at the firm and chair of its pro bono committee. "We realize that, as attorneys, we have a responsibility to help people who can't afford to hire lawyers. It makes us understand that we can make really impactful changes in the lives of our pro bono clients."

The firm has been highly involved with the Kids In Need of Defense (KIND) program, an initiative started by the actress Angelina Jolie in collaboration with Microsoft, which provides free legal representation to immigrant teenage children facing deportation. Many of these children arrive at the United States border trying to connect with a family member when they are confronted by immigration authorities. Nutter provides attorneys who represent and counsel these teens on a pro bono basis as they apply for special immigrant juvenile status. The program has recently been expanded to have Nutter work in collaboration with the legal department at EMC to service even more clients.

A founding member and challenge participant in the Pro Bono Institute's Law Firm Pro Bono Project, Nutter participates in numerous pro bono programs, including the Division of Unemployment Assistance Project, the Political Asylum/Immigration Project, Housing Court Lawyer for the Day/Eviction Defense Project, the Women's Bar Foundation Family Law Project for Battered Women, the Medical-Legal Partnership (Boston), the New England Innocence Project and the Veterans Consortium Pro Bono Program, among many others.

In many pro bono cases the firm handles, the real world impact for clients is often immeasurable.

"In the lives of the pro bono clients whose cases we handle, it's the individual equivalent of a bet-the-company case," added Berman. "For a pro bono client, the consequences are existential. To be able to win the future for a pro bono client is enormously gratifying."