COMMONWEALTH OF MASSACHUSETTS

MIDDLESEX, SS. NO.

IN THE MATTER OF NANCY MCGEOGHEAN

COMMUTATION PETITIONFOR

NANCY MCGEOGHEAN

JOHN H. CUNHA JR.B.B.O. NO. 108580

ATTORNEY FOR PETITIONER

CUNHA & HOLCOMB, P.C.One State Street, Suite 500Boston, MA 02109-3507617-523-4300

March 2014

TABLE OF CONTENTS

I. PRELIMINARY STATEMENT IN SUPPORT OF COMMUTATION.. . . . . . . . . . . . . . 1

II. GUIDELINES FOR LIFE SENTENCE DECISIONS.. . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

A. SUFFICIENCY OF INCARCERATION LENGTH. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

B. CRIMINAL CONDUCT AND HARM CAUSED. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

1. Other Convictions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62. Other Criminal Conduct.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73. Nature of the Crime. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

The Months Immediately Preceding Sarah McGeogheans Death. . . . . . . 7Summary of the Trial Evidence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8The Circumstances of the Morning of Sarah McGeogheans Death. . . . . . 9Trial Proceedings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11Cause Of Death. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12Aggravating and Mitigating Factors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12On Culpability and Diminished Capacity. . . . . . . . . . . . . . . . . . . . . . . . . 16On the Question of Motivation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20Comparison with Similar Crimes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

III. REHABILITATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

A. DEGREE OF REMORSE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

B. INSTITUTIONAL CONDUCT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

1. Participation In The NEADS Puppy Program 2006 To Present. . . . . . . 282. Educational Achievement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 323. Participation in Institutional Programs. . . . . . . . . . . . . . . . . . . . . . . . . . . 32

C. SOCIAL AND SPIRITUAL DEVELOPMENT PROGRAM CERTIFICATIONS.. . . . . . . . . . 34

D. INFORMATION PROVIDED TO INSTITUTIONAL SECURITY PERSONNEL. . . . . . . . . . 39

IV. REASONS TO CONCLUDE THE INMATE WILL LIVE OUTSIDEPRISON AS A SOBER, LAW ABIDING, EMPLOYED, PRODUCTIVEPERSON WHO IS MAKING POSITIVE CONTRIBUTIONSTO HER FAMILY AND COMMUNITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

A. RECIDIVISM RISK. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

B. LENGTH OF TIME REHABILITATED. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

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C. DEGREE OF SUPPORT FROM FAMILY AND FRIENDS. . . . . . . . . . . . . . . . . . . . . . . . 42

1. Affidavit of Terence McGeoghean (Father of the Victim) in Support of Commutation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

2. Support from family.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 433. Support from friends. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44

D. LIKELIHOOD OF EMPLOYMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45

E. SPECIFIC PLANS FOR IMMEDIATE AND LONG TERM HOUSING. . . . . . . . . . . . . . . . 46

1. Plan for re-entry with recognition of factors which contributed to the crime. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47

2. Receptiveness and commitment to observing generaland specific conditions of commutation. . . . . . . . . . . . . . . . . . . . . . . . . . 47

V. Request for Commutation and a Hearing.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47

VI. Exhibits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50

A. Letters In Support of the PetitionB. Memorandum of Decision And Order on Defendant's Motion to Reduce the

Verdict, Saris J.C. Statement of Nancy McGeogheanD. Spectrum Health System recordsE. Letters regarding kidney donor requestF. Mount Auburn Hospital Family Health Service recordG. Letters sent to Ms. McGeoghean by Terrence McGeogheanH. Metropolitan State Hospital recordsI. Cambridge City Hospital recordsJ. Certificates from NEADS Puppies ProgramK. Certificates of Social and Spiritual Development Programs completedL. Letter of Judith McDonough, M.Ed., CCJS, LACD-1,

Executive Director of the Edwina Martin HouseM. Letter of Superintendent Bissonette, dated May 21, 2013N. Photographs of recipients of NEADS dogs trained by Nancy McGeogheanO. Letter of Captain Paul Henderson, MCI FraminghamP. DOC Objective Classification - Reclassification Form, dated February 28, 2014Q. Evaluation of Dr. Kathryn Rapperport, M.D.R. Bachelor of Liberal Studies Diploma, Boston University, dated January 25, 2013S. GED Diploma, dated January 31, 1992T. DOC Personalized Program Plan, dated February 14, 2011U. Letter of Rev. T. J. Bland, recipient of Granite, a NEADS dog trained by Nancy

McGeoghean

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V. Letter of Tina Gagnon, whose son was the recipient of Radar, a NEADS dogtrained by Nancy McGeoghean

W. Letter of Superintendent Bissonette, dated November 25, 2013X. Letter of Sister Maureen Clark, CSJ, Catholic Chaplain, MCI FraminghamY. Letter of Paula M. Giardinella, Americas VetDogs, Veterans K-9 CorpsZ. Letter of Jerry LNU, recipient of Blaze, a NEADS dog trained by Nancy

McGeoghean

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I. PRELIMINARY STATEMENT IN SUPPORT OF COMMUTATION

Nancy McGeoghean, ne Surdam, petitions for commutation of a first-degree murder

conviction based upon 1) the exceptional strides in self-development and self-improvement she

has made and that if released she would be a law-abiding citizen, and 2) she has rendered

meritorious service to the government by cooperating in three distinct investigations for which

she has not already been rewarded by official action. Executive Clemency Guidelines, January

13, 2014, III.B.1.a & d.

On May 21, 1990, after seven days of testimony and four days of deliberation, the jury

convicted Nancy McGeoghean of first degree murder for the death of her two-year-old daughter,

Sarah on August 15, 1988. Tr. X/300; Tr. XI/4-5, 12, 23, 29, 31. The evidence established that

20 year old Nancy McGeoghean was intoxicated at the time of her daughters death, and at the

hospital where Sarah was taken by paramedics, all as detailed below.1 Post-trial, although the

trial court denied Nancy's motion for reduction of the jury's verdict, the judge acknowledged that

her compelling background supported leniency,2 and stated that whether to reduce her

conviction, was a close question.3 The sentence was affirmed. Commonwealth v.

McGeoghean, 412 Mass. 839; 593 N.E.2d 229 (1992). Prior to being convicted for the death of

her toddler daughter, Sarah, Nancy McGeoghean did not have a criminal record. She had no

history of violence.4

1 Ms. McGeoghean was born June 14, 1968; Sarah died August 15, 1988.

2 Ex. B, Memorandum of Decision and Order on Defendant's Motion to Reduce the Verdict, pp.4-6.

3 Ex. B, Memorandum of Decision and Order on Defendants Motion to Reduce the Verdict, p.11.

4 See Petitioners Six-Part Folder; Ex. A-15, Affidavit of Terrence McGeoghean, 8-10, 17. Cites herein are as follows: to attached exhibits by number, e.g., Ex. 1; to the Grand Jury

Nancy McGeoghean was a teenage mother. At age eighteen, she gave birth to Sarah. As

the trial judge noted, the testimony of all the witnesses who saw the baby frequently, including

the childs paternal grandmother and Ms. McGeogheans friend Barbara Brennan who lived in

the household for two months beginning in May 1988, was that Ms. McGeoghean was a loving

mother.5 However, she attempted to raise and care for Sarah without support and in an isolated

environment which wholly lacked appropriate social cues for proper parenting, while abusing

drugs and alcohol. Nancy McGeoghean accepts responsibility for killing Sarah.

Ms. McGeoghean has limited memory of the critical events of August 14-15, 1988.6

When she returned home drunk, instead of properly putting her daughter to bed, Nancy left her

sleeping, bound in the car seat with very little ability to move. Her last memory of seeing Sarah

alive was when she placed her in the car seat on the floor next to the couch where Ms.

McGeoghean then passed out, drunk. In the morning, Sarah was dead:

Whenever I placed Sarah in the car seat, I twisted the straps twice to secure her,as I always did. She had the tendency to climb out of it if I did not secure her in. .. . Although I had less to drink than my normal case of beer, I was drunk. I justwanted to pass out. . . . Sarah was still asleep in the car seat. Barbara or Bob tookthe whole car seat out, handed me her. The last thing I believe I remember wasputting the car seat down next to the couch with her still sleeping. I have nomemory of what happened after that.

The next thing I remember is waking up, my head was pounding. I noticed Sarah

minutes by volume and page: GJT, volume/page; to pretrial hearings by date and page, e.g.,Tr.12/8/89, 1; to the trial transcript by volume and page: Tr. volume/page; to the Statement ofPetitioner Nancy McGeoghean by page: NMcG/page; to letters of support by name and whereappropriate by page.

5 Ex. B, Memorandum of Decision And Order on Defendant's Motion to Reduce the Verdict, pp.2-3. The trial court also summarized the trial evidence therein, pp. 9-12.

6 See Ex. C, Statement of Nancy McGeoghean and Ex. Q, Evaluation of Dr. Kathryn Rapperport,M.D.

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as not with me on the couch. I sat up and saw her still in the car seat. Her lipswere blue, her eyes were half open. I was screaming her name. I ran and tookher out of her car seat. Her body was limp. I did not know what to do. I tried to doCPR, but I did not know what I was doing, I frantically breathed in her mouth andsaying her name I called Terrys mother and told her Sarah was not breathing. Icontinued to cradle Sarah, screaming her name. I called his mother again I couldnot wait anymore. I had to get help for Sarah. I opened the door and startedrunning.

There is no punishment that will ever take away the guilt and shame I have. I amso sorry! I am fully responsible for the death of my daughter. For the last 25 yearsI've had to face what I did. My actions and my behavior took an innocent life. Notremembering doesn't make it any easier.

Statement of Nancy McGeoghean, p. 2.

Although the parent with sole custody and responsibility for Sarah, Nancy McGeoghean

was out of control. Abuse of alcohol and cocaine, and failure to provide essential parental

protection and care all contributed to Sarahs death, a knowledge, an indictment, and a reality

that Nancy McGeoghean faces and will face every morning she awakes and every day and night

for the rest of her life. She understands that she must have killed her daughter. Ex. Q, p. 5. No

apology suffices, but Nancy McGeoghean, apologizes to Sarahs family, particularly Sarahs

father, Terry McGeoghean, her uncles, aunts, grandparents, and society for the death of her

daughter. She wishes with all her heart that she could ask forgiveness of Sarah herself.7

When Nancy McGeoghean entered MCI, Framingham on May 21, 1990, she was

severely depressed and immediately prescribed anti-depressants and sleeping pills, while seeing

a psychiatrist weekly.8 She had been raised in a home environment that was destroyed by two

7 Ex. C, Statement of Nancy McGeoghean, p. 4-5; Ex. A-3, Letter of Jack Butler, S.J., Ms.McGeogheans spiritual advisor; Ex. X, Letter of Sr. Maureen Clark, CSJ, Catholic Chaplain..

8 See Ms. McGeogheans Six-Part Folder.

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severely and chronically alcoholic parents; she had run away at age 14 and spent the rest of her

time prior to incarceration with an abusive drug dealer. While in prison, she had the opportunity

to take control of her life for the first time:

The rehabilitative strides Nancy has made are concrete. . . . I have been in theunique position for 15 years to walk with Nancy as she has grown into adulthood.. . [S]he has worked extremely hard on trying to participate in and take advantageof every opportunity to turn her life around. She is not the girl I met 20 years agofrightened and unmotivated. I know Nancy to be strong in her faith and in herdesire to live life responsibly. She speaks clearly of taking responsibility for herreckless behavior that resulted in the death of her child . . . and of her deep regretsfor having taken the life of someone so young. The hope she speaks of is to havea second chance to live life responsibly.

Ex. X, Letter of Sr. Maureen Clark, CSJ, Catholic Chaplain, MCI Framingham, dated December

22, 2010. During the twenty-four years that she has been an inmate at MCI, Framingham, Nancy

McGeoghean has taken numerous courses and seminars aimed at eradicating substance abuse as

a way of life. She has completed courses in self-esteem, non-violence, trauma and healing as

well as spiritual development.9 In 2009, she successfully completed the six-month Correctional

Recovery Academy, which has four phases: Substance Abuse; Relapse Prevention and Criminal

Thinking; Anger Management; and, Maintenance. Consistently throughout the program, Ms.

McGeoghean received the highest ratings in all areas Motivation/Effort, Performance, and

Attitude, with the counselor noting that Inmate McGeoghean projects a positive attitude on the

unit and throughout the institution.10

Ms. McGeoghean has learned to act for others. She works tirelessly to train aid dogs for

handicapped individuals, volunteering for Habitat for Humanity and walking for Project Bread/

9 See infra, Sections III. B, pp. 26-34 and III. C, pp. 34-39.

10 Ex. D, Spectrum Health System records, Periodic Review, 11/5/09.

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The Walk For Hunger. Her concerted effort to donate a kidney to an ailing Correction Officer

was unsuccessful:

Another story that exemplifies Nancys nature is the story of how Nancy offeredher kidney to a correctional officer at MCI. This particular officer was a longtime employee for MCI, that was in need of a transplant to save his life. Nancywas not able to give him her kidney, but the fact that she was willing speaksvolumes to her character and growth.11

She has also furthered her education by obtaining her GED and obtained a bachelors degree

from Boston University, after starting with courses offered by Wachusett Community College.12

As the Rev. Bryan Hehir, Secretary for Health and Social Services, Archdiocese of

Boston, puts it, there is nothing I can envision or ascertain which would indicate [Nancy

McGeoghean] would be a threat to society if her sentence was commuted. On the contrary, I

believe she has the potential to be a very productive citizen. Much has changed in her life.

Prison in this case has been a source of rehabilitation. I respectfully request you consider

commutation. I deeply believe your action will be validated by her life.13

Nancy McGeoghean accepts full responsibility for her daughter Sarahs death. Nancy

McGeoghean is shamed and deeply regretful that she killed Sarah, acting with selfish, inebriated

behavior. Regardless of the number of years that pass and the actions that she takes to improve

11 Ex. A-8, Letter of Shari Johnson, Volunteer, Aftercare Program, MCI, Framingham. Uponlearning that 19-year-veteran Corrections Officer had advanced kidney disease and was in needof a transplant, Ms. McGeoghean contacted Mount Auburn Hospital, Cambridge, to learn of herown suitability. Discovering she was a match, she offered to donate one of her kidneys; Ex. E,Letter of Nancy McGeoghean to Superintendent Bissonnette offering to donate her kidney andreply Letter of Superintendent Bissonnette.

12 Ex. K. See also infra, Section III. B. 2., p. 32.

13 Ex. A-7, Letter of Rev. Bryan Hehir.

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herself, heal her addictions or assist those around her, Nancy McGeoghean will always feel the

guilt, extreme shame and tremendous sadness for killing Sarah:

Nancy is well aware of her culpability in the death of her child. She knows thather inattentiveness, selfishness and indifference as a young mother led to thedeath, to the taking of an innocent life.14

Nancy McGeoghean does not ask for forgiveness, but does petition this Advisory Board

and his Excellency, the Governor, for mercy in the form of executive clemency.

II. GUIDELINES FOR LIFE SENTENCE DECISIONS

Nancy McGeoghean seeks to be released from prison. Therefore, it is appropriate in this

commutation petition to address the parole factors set out in the Guidelines for Life Decisions.15

A. SUFFICIENCY OF INCARCERATION LENGTH

Nancy McGeoghean has spent 24 years in prison, more than half of her life; in

determining whether this is sufficient, four broad objectives must be considered: (a) punishment;

(b) deterrence; (c) incapacitation to protect the public from further harm; and (d) rehabilitation.

See Commonwealth v. Goodwin, 414 Mass. 88 (1993); Cepulonis v. Commonwealth, 384 Mass.

495, 499 (1981) (four basic purposes served by criminal punishment: (1) deterrence, (2) isolation

and incapacitation, (3) retribution and moral reinforcement, and (4) reformation). The specific

facts of the crime and length of incarceration must be addressed. Greenman v. Massachusetts

Parole Board, 405 Mass. 384 (1989).

14 Ex. A-11, Letter of Rev. Keith A. Maczkiewicz, nS.J.

15 www.mass.gov/eopss/agencies/parole-board/guidelines-for-life-sentence-decisions.html.

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B. CRIMINAL CONDUCT AND HARM CAUSED

1. Other Convictions

Ms. McGeoghean has no other criminal record.

2. Other Criminal Conduct

While not in itself a crime, Ms. McGeoghean abused alcohol. She also used (and abused)

controlled substances, particularly cocaine, and carried on her husbands drug sales during his

incarceration (as noted below), which are crimes.

3. Nature of the Crime

The Months Immediately Preceding Sarah McGeogheans Death

For the several months prior to Sarahs death, Nancy McGeoghean, then a nineteen-year

-old girl, had been her daughters sole custodial parent while her husband Terry McGeoghean

was incarcerated at the Billerica House of Corrections for carrying a firearm. During her

husbands incarceration, Ms. McGeoghean increased her alcohol consumption to the point where

she would drink a case of beer and pass out. The police were able to confirm she was using

cocaine as early as April 1988, four to five months before the death of Sarah McGeoghean.

Nancy McGeoghean admitted to consuming cocaine on the evening of August 13-14, 1988, two

nights before her daughter's death. She was abusing drugs and alcohol while being the sole

person responsible for Sarah McGeogheans care, feeding and safety.

The abuse of drugs and alcohol, a cycle begun by Ms. McGeogheans parents and

perpetuated by her, resulted in neglect of Sarah. While Nancy loved Sarah and always kept

Sarah with her, she was intoxicated most of the time and did not provide Sarah with a clean and

safe environment. She did not keep either Sarah, herself or the home in which they resided

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clean. The home had three pit bulls belonging to Terry, two cats, and was flea infested. A dirty

home, dirty clothes and flea bites were a common feature of Ms. McGeoghean and Sarahs

existence.

Summary of the Trial Evidence

In December 1988, after a four-month investigation, the Grand Jury returned a murder

indictment against Nancy McGeoghean. The Commonwealth established the following, first

before the Grand Jury,16 and then at trial:

Barbara Brennan and her young son met Ms. McGeoghean and her daughter Sarah at the

McGeoghean residence in the early afternoon of August 14, 1988, the day prior to Sarahs death.

GJT-I/77. Barbara Brennan remained at the McGeoghean residence for that entire afternoon.

GJT-II/78. While she was home that afternoon, Ms. Brennan observed Nancy McGeoghean

drink four to five (4-5) beers. GJT-I/87. Around 5:00 p.m., Barbara Brennan, Nancy

McGeoghean and their children left the McGeoghean residence and went to Revere Beach

Parkway where they met Ms. Brennans husband. GJT-I/78-79. Thereafter, they returned to

Nancy McGeogheans home before going to Barbara Brennans residence for a cookout. GJT-

I/81, 82. Between the time they left and returned to the McGeoghean home, Nancy

McGeoghean had consumed another two (2) beers, which brought her total alcohol consumption

to a minimum of six or seven beers as of that point. GJT-I/82, 87.

Upon returning to the McGeoghean residence and before going to the Brennans for the

cookout, Nancy McGeoghean retrieved a six-pack of beer, which she took with her to the

16 This recitation relates trial evidence and grand jury testimony, in part because crucial volumesof petitioners copy of the trial transcript were lost by a prior counsel.

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Brennan home. GJT-I/87, 88. Thereafter, Barbara Brennan observed Ms. McGeoghean drink

three (3) beers from the six-pack, which when added to her prior consumption that day, brought

the total number of beers that Ms. McGeoghean consumed when in the presence of Barbara

Brennan to nine or ten. GJT-I/82, 87, 88.

On the last night of Sarah McGeogheans life, she had been brought home alive and well.

The Brennans drove Ms. McGeoghean and Sarah home late. On arrival, they observed Wayne

Batchelder asleep or passed out in his car, which had been parked in front of the McGeoghean

home. The Brennans observed Ms. McGeoghean wake Batchelder and lead him into the house.

Batchelder that night, for the first time, slept in the McGeoghean home with Nancy and Sarah.

Although Batchelder had a criminal record, he was not implicated in Sarahs death.

The Circumstances of the Morning of Sarah McGeogheans Death

Shortly before 5:30 a.m. on August 15, 1988, Nancy McGeoghean called her husband's

parents for help because twenty-three-month-old Sarah was not breathing. Tr.III/12-13. The

McGeogheans arrived within minutes, Tr.III/12-16, followed by Cambridge firefighters and the

rescue squad. Tr. III/l4, 19. Ms. McGeoghean was intoxicated when she called for help. She

was highly agitated during attempts to resuscitate, transport, and treat Sarah. Tr.III/19, 20-21,

23-24, 52, 89-90, 117, 125-27, 129, 134-35, 144-46.

Lieutenant Comerford of the Cambridge Fire Department had received the dispatch call

to 91 Sherman Street, Cambridge, the McGeoghean home. GJT-I/35. He encountered Nancy

McGeoghean, who had come out into the street to flag down the firefighters, about a block and a

half from their home. GJT-I/36, 40. GJT-I/40. As she did so, Sarahs grandmother, also named

Sarah, appeared with baby Sarah in her arms. GJT-I/37.

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As Lieutenant Comerford began administering CPR to Sarah, he noted she was supple,

appeared limp and had a wet back. GJT-I/42. Sarah did not display any signs of rigor mortis.

GJT-I/37, 42. Ms. McGeoghean repeatedly asked whether her daughter Sarah was breathing.

GJT-I/37, 41. In accordance with departmental policy, the firefighters did not respond to these

inquiries. GJT-I/37. Instead, he asked Ms. McGeoghean to tell him what had transpired. GJT-

I/37. She responded that she could not as she did not know what had happened. GJT-I/37. She

explained to the firefighters that she had been sleeping with Sarah, and when she woke up, she

found her not breathing. GJT-I/37, 43.

The Rescue Unit transported Sarah and Nancy McGeoghean to Mount Auburn Hospital,

arriving around 5:30 a.m., where physicians pronounced Sarah dead at approximately 6:00 a.m.

Tr.III/80-82, 92, 109-112, 140-42. Only Nancy McGeoghean and Wayne Bachelder were in the

house when Sarah died. Tr.IV/149-53.

After Sarah had been pronounced dead, Nurse Carolyn Seaboyer washed Sarah to

examine her more closely. GJT-I/49, 52. Before washing the child, Seaboyer observed that she

was dirty and unkempt. GJT-I/51. After washing Sarah, Seaboyer and Dr. Khan examined

Sarahs body carefully. GJT-I/52, 53. Carolyn Seaboyer observed purplish marks on the

victims neck during the course of this examination, but no other evidence of trauma. GJT-I/52-

54.

Dr. Khan spoke with Nancy McGeoghean in the Emergency Room. GJT-I/31. He asked

what she understood had happened to her daughter. GJT-I/31. Dr. Khan testified that Ms.

McGeoghean told him that she had found Sarah not breathing that morning. GJT-I/31. Dr.

Khan told the Grand Jury that Nancy stated she had not noticed any abnormality or problems

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with Sarah on the preceding day. GJT-I/31.

There was evidence that Nancy McGeoghean was dependent upon alcohol, Tr.III/158-65,

and under the influence when Sarah was killed. Tr.III/23-24, 126, 145-46; Tr.X/199-200.

Donna Bates, a Mount Auburn Hospital security guard, testified that on the morning of Sarah

McGeogheans death she observed Nancy McGeoghean in an agitated and intoxicated state.

GJT-I/56-58. Ms. Bates saw Ms. McGeoghean arrive at the hospital she was loudly swearing

and yelling at the rescue squad. Nancy told Bates that since Bates did not have any children she

could not know what she was going through. GJT-I/56.

Security Guard Bates testified that Nancy McGeoghean was agitated and needed to be

calmed down, GJT-I/56-57, and that she had the appearance of someone who had been drinking

all night. GJT-I/58. She smelled strongly of alcohol. GJT-I/58. Her eyes were dilated. She

was unsteady on her feet, and her clothes were wrinkly and dirty, as if she had slept in them all

night. GJT-I/59. Significantly, the prosecutor argued to the jury that the defendant's actions

were influenced by alcohol.

Trial Proceedings

Nancy McGeoghean pled not guilty. Prior to trial, Assistant District Attorney Thomas

Hoopes offered her a plea bargain to manslaughter with a single digits sentence. Tr.12/8/89,

123, 126.17 Ms. McGeoghean went to trial. She did not yet possess the self-knowledge and

courage to accept responsibility for killing Sarah.18

17 See also Ex. B, Memorandum of Decision and Order on Defendants Motion to Reduce theVerdict, p. 4, n. 1.

18 See Ex. C, Statement of Nancy McGeoghean, p. 3 ((. . . when they offered me a plea with thesentence of single digits, I was still unable to accept the fact of what I had done.).

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Although Sarah could not yet speak, it was the prosecutor's theory that Ms. McGeoghean

killed Sarah out of fear that she would tell Terry about Nancys affair with Mr. Bachelder.

Tr.X/218-21. The Commonwealth's case was based upon circumstantial evidence and Ms.

McGeoghean's inconsistent statements to the police. Tr.VIII/36-39, 86-87, 95-99, 114, 123-24,

127; Tr./IX/45, 52-62; Tr.X/119.

While there was overwhelming evidence that Nancy McGeoghean had been intoxicated

prior to and at the time of Sarahs death, defense counsel did not argue lack of capacity or the

inability to form the specific intent to commit the crime, an element of first degree murder, as

defenses to these charges. Instead, counsel focused on the lack of direct evidence that Ms.

McGeoghean had killed her daughter, that there were no witnesses to the death, no physical

evidence linking Ms. McGeoghean to the alleged murder weapon, and no rational motive for

murdering her daughter. Counsel also sought to cast suspicion on Bachelder. Tr.II/69-71;

Tr.VI/51-58; Tr.V/31, 151-70; Tr.VII/41-42, 47, 51-52; Tr.X/39-40. However, Terrys pit pull,

Bandit, who slept downstairs, was in the house; Bachelder, who had gone to sleep upstairs, was

afraid of Bandit, Tr.V/87-89, 116-117; Tr.V/30-31, and there was testimony from a neutral

witness that Mr. Bachelder reacted with stunned disbelief when he learned that Sarah was dead.

Tr.VIII/26-30. Nancy McGeoghean did not testify.

Cause Of Death

In addition to the evidence related above, Dr. Stanton Kessler, the Medical Examiner,

concluded that Sarah died of asphyxiation caused by compression of her neck. Tr.V/157-162,

172, 177-181. The Commonwealth argued that Ms. McGeoghean pressed a stereo speaker cord

against Sarahs neck. The Commonwealth argued that at the time of Sarahs death, Ms.

12

McGeoghean was acting while in mortal fear of her husband.

Aggravating and Mitigating Factors

The obvious aggravating factor is serious the victim was a defenseless child, who died

over a period of minutes from suffocation. In that regard, Nancy McGeogheans state of mind at

the time of Sarahs death is a consideration with regard to commutation.

While the medical examiner, Dr. Stanton Kessler, could not conclusively testify to any

evidence of trauma to Sarah McGeoghean which pre-dated the circumstances surrounding her

death, he testified to three scars on Sarahs chest, which he saw under a microscope.19 This

testimony was at first excluded, since causation of the scars could not be determined, but later

admitted in evidence to show neglect, since the child had not been taken to the pediatrician for

treatment of whatever caused the scars. However, the opinion evidence that the marks were

consistent with, amongst other things, cigarette burns, was certainly one of the most significant

determinants of the outcome of the case. Non-accidental burns are a serious form of child abuse

because of the accompanying pain, anxiety and morbidity, as well as the intentionality of the act.

Hobbs, Archives of Diseases in Childhood. (1986). There was no expert witness for the defense.

Despite her substance abuse and physical neglect of the child, the uncontradicted evidence at

trial, accepted by the trial judge, was that she loved Sarah very much.20

19 Dr. Kessler observed three marks on Sarahs chest wall under a microscope. Heacknowledged that this finding was inconclusive as the three marks were consistent withabscesses, chicken pox, small pox or cigarette burns. GJT-I/25. All of these possibilities had tobe ruled out, which he had not done. GJT-I/25, 26. The childs father, Terry McGeoghean, hasrecently sworn under oath that he witnessed the injury which could have caused the marks Sarah ran into a chair while visiting him in jail. Ex. A-15, Affidavit of Terrence McGeoghean,, 8-10, 15-17. It is more likely they resulted from flea bites, as set out below.

20 Ex. B, Memorandum of Decision and Order on Defendants Motion to Reduce the Verdict, pp.2-3.

13

Nancy McGeoghean is adamant that she did not burn her daughter,21 but understands why

such an accusation could make such a difference in her case. In this regard, it is worth noting

that the jury was inadequately informed. The jury was not apprised of research, then available,

indicating that the lack of repeated injury over time and a pattern of the scars, did not support the

medical examiners opinion. The jury was not informed that the site of injury from cigarette

burn abuse is typically on the hand, especially back and wrist, buttocks and feet and legs, not

on the chest. Hobbs. Archives of Diseases in Childhood. (1986). More importantly, it is

difficult to distinguish [healed cigarette burns] from healed chicken pox or excoriated, infected

bug bites. Helfer. The Battered Child. University of Chicago Press. (1997). In a home with

dogs and contaminated with fleas, this Board and his Excellency are urged to consider the earlier

research, along with more recent work, that includes flea bites in particular as lesions that are

mistaken for cigarette burns. As stated in the early research, the distribution of the lesions is

used to distinguish between flea bites and cigarette burns and Sarahs scar pattern is more

consistent with the former. Zitelli and Davis. Atlas of Pediatric Physical Diagnosis. (2012).

The medical examiner found no other possible evidence of prior abuse and there was no

testimony at trial indicating anything other than a loving relationship between mother and

daughter. There were three dogs and two cats in the apartment and Nancy used flea bombs from

time to time to clear the space of fleas. She and Sarah were frequently bitten by fleas and with

her case-per-day beer and drug habit, not an observant mother.22 Despite her limitations as a

21 See Ex. C, Statement of Nancy McGeoghean, p.2 (I loved Sarah. She was a good girl. Shedeserved a better life-style than what I gave her. I was never abusive to her. She was always withme, but shamefully, most of the time, I was intoxicated.).

22 See Ex. C, Statement of Nancy McGeoghean, p. 2 (I am ashamed to say our home wasdisgusting. Cleaning was not a priority. Living with us were also three dogs and two cats. It was

14

mother, Nancy McGeoghean did take her daughter to regular doctors appointments, including a

visit to a physician two weeks before Sarahs death, who made no mention of the marks. No

doctor she had taken Sarah to in the course of regular well child visits had ever reported her for

abuse or neglect.

The similarity between flea bites and cigarette burn scars is now so widely known that it

is used in contemporary fiction:

Their first case had involved a five year old, who had what appeared to befive cigarette burns evenly placed around one of her anklesThe parents,adamant they had not hurt their little girl, could not offer good explanations forthe little, round infected areas Neither the attorneys nor the judge bought thetestimony from the medical expert but no other explanation had beenproffered.

After some serious research and investigation and a little luck, Bob foundan article about flea bites and how the fleas get under elastic and leave a row ofbites which are often in a perfect line. With some help from a couple ofmedical professionals, he determined fleas had been the most likely cause of theinfected area, not cigarette burns. The little girl had scratched them to the pointof infection.

Teresa Burrell. The Advocate. Silent Thunder Publishing. (3rd ed. 2012).23 In Burrells fictional

case, the legal system helped uncover the truth. In this case, the marks on Sarah were of a

similar size and shape, but it would be hard to distinguish a flea bite, which were an aspect of

not uncommon for Sarah and I to have flea bites. I did not bathe Sarah everyday.).

23 See http://www.amazon.com/Teresa-Burrell/e/B002J6B0VQ/ref=ntt_athr_dp_pel_pop_1: Teresa Burrell has dedicated her life to helping children and their families inboth the courtroom and the classroom.As an attorney in San Diego, Burrell maintained a private law practice for twelveyears, which specialized in domestic, criminal, and civil cases. Her work injuvenile court focused on representing abused minors and juvenile delinquents.Burrell has received several awards and special recognition from the San DiegoVolunteer Lawyers for her countless hours of pro bono work with children andtheir families.

15

life in the McGeoghean household.

On Culpability and Diminished Capacity24

Nancy McGeoghean is one of six children born to parents who were severe alcoholics.

Throughout her childhood, Nancys parents drank to excess most week nights and every

weekend. The drinking often led to verbal and physical fights between the parents. On many

occasions the parents drank to such excess that they would pass out, leaving Nancy and her

siblings to care for themselves.25

By age 12, she began abusing alcohol and experimenting with drugs. Also at 12 years

old, Nancy had her first sexual relations she was under the influence of alcohol and drugs. At

13, Nancy met Sarahs father, 17 year old Terry McGeoghean (Terry), and sought to find with

him the love she had been denied at home. It did not work out that way. At 14, she ran away,

dropped out of school in the first few weeks of the 9th grade, and began to live with Terry in a

house owned by his parents, Tr.III/55; Tr.VI/29-30:

Her boyfriends parents obviously were not concerned about the fact that their18 year old son was living and sleeping with a 13 year old girl. Other than theobvious statutory rape this relationship was very abusive, both physically andmentally. This man would beat her physically and verbally. He would lock herin his parents house whenever he went out. She was virtually a slave to himphysically, sexually and emotionally. My parents never went looking for her.26

Ms. McGeoghean became isolated from her own family after Terry McGeoghean cut off contact

24 For this section, see generally Ex. Q, evaluation of Nancy McGeoghean, Dr. KathrynRapperport, M.D.

25 Ex. A-9, Letters of Robyn Knych, Ms. McGeogheans sister; Ex., A-22, Letter of DavidSurdam, Ms. McGeogheans brother; Ex. A-18, Letter of Natalie OBrien, long-time familyfriend.

26 Ex. A-22, Letter of David Surdam, Ms. McGeogheans brother.

16

with them and demanded she comply. Tr.IV/31; Tr.X/61-62. Nancys parents severed all

contact with her and forbade other family members from communicating with her. Isolated from

her siblings and without any parental guidance or support,27 Nancy McGeoghean, continued the

cycle of substance abuse learned from her parents. Ms. McGeoghean began to chronically abuse

alcohol and drugs on a daily basis, as psychiatric records document.28

At age 15, Ms. McGeoghean became pregnant by Terry McGeoghean. She miscarried

and was hospitalized due to complications.29 Nancy and Terry married when at seventeen years

old she again became pregnant. Tr.III/6-7, 154-55. On September 14, 1986, age eighteen, she

gave birth to Sarah.30 Unlike her first pregnancy, Ms. McGeoghean was happy and stopped

drinking and abusing drugs for almost a year after Sarahs birth. Thereafter, Ms. McGeoghean

fell again into substance abuse.

From the time she left home until Sarahs birth, Nancy McGeoghean had no contact with

27 Ex. F, Mount Auburn Hospital Family Health Service record, dated 9/5/86 (documenting that17 year old Ms. McGeoghean was Pregnant without family support; Smoking more than 1pack of cigarettes per day; and had Significant social problems.).

28 Ex. H, Metropolitan State Hospital records.

29 See Ex. C, Statement of Nancy McGeoghean (I was 15 years old at the time, drinking dailyand using cocaine. I had a miscarriage and had complications. I was hospitalized for a few daysand had to have blood transfusions.).

30 While on release pending trial, she had a second child, a boy, on 3/1/1990, whom she placedfor adoption. She maintains contact with her son by sending to him and receiving from himholiday and birthday cards, and photographs. See Ex. C, Statement of Nancy McGeoghean, p. 3(When out on bail I continued with my reckless lifestyle, with one difference. I wanted to getpregnant. I foolishly thought having a baby, I would some how handle the loss of Sarah easier. Idid in fact get pregnant. By whom, I really do not know. I wasn't looking for a husband I waslooking for my baby back. I gave birth to a little boy. I put him up for adoption when I got foundguilty for the death of my daughter. I knew my son, Matthew deserved better than me. Givinghim up for adoption was the only good decision I have made.).

17

her parents or any of her siblings. Her primary source of guidance throughout the crucial years

of adolescence was Terry McGeoghean. Two weeks before Sarah's birth, Terry was arrested for

serious charges, including carrying a firearm. In August 1987, when the baby was fourteen

months old, Terry plea bargained to carrying a firearm and sent to prison to serve a mandatory

minimum one year sentence. Tr.III/7, 156. At that point, Nancy McGeoghean had her first

confrontation with responsibility. Without financial support, friends or a husband, Nancy was

left to take care of baby Sarah alone. Terry maintained control by sending letters from prison

instructing her how to maintain his drug selling business.31

Ms. McGeoghean and Terrys relationship was fraught with emotional and physical

abuse.32 At trial, Terry testified that he smacked Nancys head against the wall of the prison

visiting room because he smelled alcohol when she visited with Sarah. Tr.III/164. During the

six weeks before Sarah's death, dozens of visits at jail between Ms. McGeoghean and Terry

degenerated into argument. Tr.III/165-168; Tr.IV/39-40.

Barbara Brennan testified that Nancy was always upset after telephone conversations

with Terry. Tr.IV/113-14. Ms. Brennan witnessed Terry assault Ms. McGeoghean in the prison

visiting room. According to Ms. Brennan, Terry abused Ms. McGeoghean at other visits as well.

For example, he was abusive when Ms. McGeoghean refused to smuggle a balloon filled with

marijuana into the prison. Tr.IV/17; Tr.V/9-11. Rev. Jack Butler, S.J., who has known Ms.

McGeoghean for more than 20 years says that [o]f all the women I have seen over the years,

Nancy is truly one of the most extreme victims of child neglect I have ever encountered.

31 Ex. G, letters sent to Ms. McGeoghean by Terry McGeoghean from jail.

32 See Exs. A-9, A-18, A-22,, and Ex. C.

18

Between alcoholic parents, her practically living in the streets, and an incredibly abusive

relationship with a man, she has endured much trauma and violence.33

Ms. Brennan and Wayne Bachelder each testified that Ms. McGeoghean was afraid of

Terry and talked about fleeing the area as his release date approached. Tr.IV/116-18, 123-24;

Tr.V/93-95, 101. Ms. McGeoghean talked to both Brennan and to Bachelder about assisting her

in fleeing, and she talked to two other men about similar assistance. Tr.IV/124-32, 139;

Tr.V/95-98. The chief basis for this fear was her concern that Terry would discover Nancy's

relationship with Bachelder. Tr.IV/118-23; Tr.V/79-80,101. Other testimony corroborated that

Terry abused Ms. McGeoghean both verbally and physically. Tr.III/156, 163-65; Tr.IV/113-14;

Tr.V/9-11. The prosecutor argued that Ms. McGeoghean was preoccupied and obsessed with

escaping from her husband. Tr.II/53.

In a twenty year-old chronic alcoholic, who also abuses cocaine, the dosing of each

substance as it effected cognitive functioning is hard to determine.34 Each substance creates

unique difficulties. Too much alcohol and the person is intoxicated, too little and she

experiences symptoms of withdrawal. The same volatility is associated with cocaine use, but

while alcohol acts as a depressant, cocaine is a stimulant. The combination of the two often

results in wild mood swings, confused thinking and poor judgment. Individuals caught in this

cycle spend much of their energy chasing the optimal high. Clarity of thought is not a goal of an

adolescent poly-substance abuser.

Nancy McGeoghean entered the world of substance use at an early age. According to

33 Ex. A-3, Letter of Jack Butler, S.J., Ms. McGeogheans spiritual advisor; see also Exs. A-9, A-18, A-22,, and Ex. C.

34 See Ex. Q, Evaluation of Dr. Katheryn Rapperport, M.D.

19

reports from her sisters, by the time she first ran away from home at age twelve, she had already

turned to substances for comfort, escape and a good time. Nancy McGeoghean reported to Dr.

Rapperport that she abstained during the time that she knew she was pregnant with Sarah, but

she had already engaged in years of serious substance use. The drugs had clouded her mind so

significantly that a clinical assessment after Sarahs death indicated that she was of low

intelligence, an assessment we now know is inaccurate, given her recent graduation from Boston

University. As Dr. Rapperport remarked, It is hard to imagine the poorly socialized, reactive

twenty-year-old raging in the emergency room, when sitting with the quiet, middle-aged woman

whose dog [she now trains for the disabled] rests quietly at her feet. Although there were

somewhat differing accounts of Nancy McGeogheans level of intoxication on the night of

Sarahs death, the medical professionals who testified that she smelled of alcohol and appeared

to have been drinking all night. Nancy could only recall that she had less to drink over the

previous twenty-four hours than her usual case of beer per day. No witness addressed the level

of cocaine in her system. Nancy McGeoghean reported to Dr. Rapperport that she was coming

down from a period of cocaine use. The mix of substances may help to explain why she does not

remember the details of her daughters death. It also raises the question of diminished capacity

at the time of Sarahs demise.

On the Question of Motivation

The prosecution argued that Nancy was motivated to keep her husband from finding out

that she had been having intercourse with another man while her husband was in prison. While

Nancy recalls joking that Sarah might rat her out for sleeping with someone else, in fact Sarah

had very few words and could not speak in sentences. Ms. McGeoghean was inebriated and

20

there was no evidence of planning. While Nancy did report that Sarah had called Wayne

Batchelder dada once, Nancy did not consider him part of their lives. Batchelder had a

girlfriend and was for Nancy little more than a sexual partner. While Nancy had been having a

sexual relationship with him for a few months, her daughter had little interaction with him. On

the night of Sarahs death, when Nancy found Batchelder passed out in her car in the driveway,

she had her companions get him upstairs to sleep it off. This was the only time he spent the

night.

Comparison with Similar Crimes

Determination of whether a sentence is sufficient requires a comparison to other

sentences for similar crimes. According to a review article, most women arent incarcerated for

infanticide. Of those who are even convicted, about two thirds avoid prison, and the rest receive

an average sentence [in the U.S.] of 7 years. Defendants in offspring murders were the most

likely to have had voluntary or non-negligent manslaughter as the most serious arrest charge and

were less likely to be charged with first degree murder. Yarwood. Child Homicide Review of

Statistics and Studies. Dewar Research, June 2004, p. 21. While Nancy was offered a lesser

charge with a sentence of at most 8-9 years, she did not take it (. . . when they offered me a plea

with the sentence of single digits, I was still unable to accept the fact of what I had done. Ex. C,

Statement of Nancy McGeoghean, p. 3). However, the fact that the Commonwealth at the time

gave her the chance at a more typical sentence seems relevant when considering whether her 24

year incarceration is sufficient for the crime she committed.

21

III. REHABILITATION

A. DEGREE OF REMORSE

Ms. McGeoghean was grief-stricken and sleepless during the weeks following Sarah's

death. Tr.VIII/80; Tr.IV/172-73, 177, 180-82; Tr.V/70-72. Ms. McGeoghean's mother-in-law

testified that she pushed Ms. McGeoghean to try to remember how Sarah died for weeks

following the killing. Tr.III/75. Terry called her every hour, day and night, until the telephone

had been shut off. Tr.11/10/89, 47-50. There was trial testimony that he called her from jail

more than fifteen times a day. Tr.III/58-59; Tr.IX/174, 182-83.

Dr. Christopher Perry, a psychiatrist, treated Ms. McGeoghean at the Cambridge Hospital

Emergency Room on August 16, 1988, the day after Sarah died. Tr.2/8/89, 4-6. Ms.

McGeoghean suffered from sleeplessness, was tearful and mute, limiting herself to one or

two-word answers, and unable to answer questions at all. She was disheveled, and had a very

drawn facial expression that didn't vary through the course of the interview. She sat rigidly

and unnaturally and was intermittently crying. Tr.VII/57-68; Tr.12/8/89, 7. Dr. Perry testified

that Nancy McGeoghean had been unable to sleep since Sarah's death. He prescribed Haldol, an

antipsychotic medication.35 Tr.12/8/89, 8. Dr. Perry diagnosed McGeoghean as suffering from

acute grief reaction which is an Axis I diagnosis, i.e., a major psychiatric syndrome.

Tr.12/8/89, 9. Ms. McGeoghean requested hypnosis or Amytol to see if she was forgetting

anything about the night Sarah died. Her replies to the psychiatrist were somewhat tangential

and he had to put the order in which things occurred together by his questions.36

35 http://www.fda.gov/Drugs/DrugSafety/PostmarketDrugSafetyInformationforPatientsandProviders/ucm216907.htm

36 Ex. I, Cambridge City Hospital records.

22

Dr. Perry treated Ms. McGeoghean again on August 19, 1988. She was tearful, with a

drawn facial expression and appeared downcast. Her posture was poor, her speech was terse and

limited. Tr.12/8/89, 10-11. Dr. Perry concluded that Ms. McGeoghean's judgment was fairly

impaired at this point. She was unable to sleep and unable to keep in a conversation. The

Halidol was not very ineffective. Tr.12/8/89, 11-12). Dr. Perry testified that Ms.

McGeoghean could not believe her daughter was dead, and did not know or remember how

Sarah died. Tr.VII/68-69, 71, 136. At trial, an expert also testified that Ms. McGeoghean had no

memory of how Sarah was killed. Tr.IX/160-61.

Dr. Perry noted that Ms. McGeoghean did not have any schooling beyond the eighth

grade and concluded she was of low-average intelligence. She had difficulty making

generalizations Tr,12/8/89, 20-21. She returned to the emergency room on August 23, 1988; she

was still disheveled, confused feeling she might be blocking something out.37 Ms.

McGeoghean's judgment was beginning to return to normal for her next interview on August 26,

1998. Tr.12/8/89, 24).

On August 30, 1988, Ms. McGeoghean was involuntarily committed from Cambridge

Hospital to a locked section of Metropolitan State Hospital, after she cut both wrists.

Tr.11/10/89, 32-33; Tr.12/8/89, 25-26; Tr.IV/16-19, 64; Tr.X/82). She reported feeling so bad

that my baby was dead and I wasnt. She was discharged on September 10, 1988.38 Tr.12/8/89,

26.

When asked by Dr. Rapperport to try to imagine killing her daughter and how it might

37 Ex. I, Cambridge City Hospital records.

38 Ex. I, Cambridge City Hospital records; Ex. H, Metropolitan State Hospital records.

23

have happened, Nancy had great difficulty even imagining her daughters death. When pressed

she said that it was possible that she just snapped. Ex. Q, pp. 5-6. Numerous factors

contributed to her psychological vulnerability. She had a severe alcohol and cocaine habit. Her

abusive husband was getting out of prison and was not particularly pleased with the way she had

managed his business. He was also likely to find out that she had been having sex with another

man. She had little education and few marketable skills and was dependent on her abusive

husbands good will for housing and support, because she had been estranged and isolated from

her family of origin. Ex. O. During her twenty-four years in prison, Nancy has had the

opportunity to look at all of these issues and address them with the help of trained staff.39

As Dr. Rapperports evaluation notes, while she may not fully recall the details of the

event, she clearly knows that she is responsible.40 She suffers significantly from a sense of guilt

and sorrow. She is also willing to take responsibility for dishonesty to the police. She wants to

set the record straight regarding several facts of the case:

1. She feels particularly guilty for misleading the court regarding WayneBatchelders possible involvement in Sarahs death.41

2. She misled the police about how she found her daughter. When interrogated,Nancy said that Sarah was sleeping next to her, though she actually left Sarahstrapped in her car seat. Nancy does not know why she misled the police, but ittroubles her conscience. She reports an intrusive recollection of finding herdaughter in her car seat, her head wet with sweat.

Nancy fully understands that she would increase her likelihood of commutation if she

39 See section II. D for more details.

40 The remainder of this section is based on Ex. Q, Evaluation of Dr. Kathryn Rapperport, M.D.

41 See Ex. Q, pp. 11-12. While Ms. McGeogheans sentiments are understandable and laudatory,it must be noted that trial tactics were determined by her trial counsel, not by her.

24

would admit to the details of killing her daughter. If she were operating under the same ethical

framework that she used when her daughter died, she would today fabricate a story to further her

cause. While her rejection of the easier path makes for a more complicated presentation to the

Governor and this Advisory board, it is a positive sign with regard to her actual rehabilitation

and the depth of a positive change in her character.

It is the opinion of Dr. Rapperport, Ex. Q, p. 8, that there are sufficient reasons to explain

why Nancy is unable to recall the details related to her daughters death, basing her opinion on:

1. Nancys eagerness to submit to a lie detector, hypnosis or truth serum to uncoverthe truth of the case.

2. Nancys strong desire to correct the record regarding the details she doesremember.

3. Nancys commitment to presenting the awkward truth (as she understands it),rather than presenting a more self-serving story to the parole board.

4. Nancys distress regarding her incomplete recollection regarding her part in herdaughters death.

What mechanisms may have contributed to this lack of recall of the details of Sarahs

death? The possibilities, as quoted from Dr. Rapperports evaluation, Ex. Q, pp. 8-10, are:

1. Black out (alcohol induced memory deficit). McGeoghean's recall of the eventsjust prior to Sarah's death is fragmented and she has difficulty distinguishingbetween what she actually remembered (as distinguished from what she has heardfrom others). When she related this to me, she wondered if I could evenunderstand what she was talking about. The experience she describes sounds like"cued recollection" which is common in memory deficits related to intoxication.McGeoghean view of the situation is that she must have killed her daughter and isunable to recall this because she drank to much. I cannot give an opinion aboutwhat actually happened to Sarah, but McGeoghan's pattern of recollection isconsistent with the sort of fragmented memories associated with alcoholintoxication. In support of this possibility, reports indicate that McGeoghean was drinkingheavily just prior to Sara's death and appeared intoxicated (even the following

25

morning). McGeoghean also reports blacking out on at least five other occasions(three of those in the period just prior to Sarah's death and two soon after). Herfamily history of alcohol abuse (including possible pre-natal exposure), her habitof habitually bingeing on alcohol, and her diagnosis of PTSD put McGeoghean atincreased risk for blackouts.

2. Cognitive impairment related to other substance use prior to the incident. McGeoghean reports that she was coming down from a period of heavy cocaineuse which ended on the previous day. Symptoms of acute cocaine withdrawalinclude agitation, paranoia, panic attacks, extreme lethargy and cognitive deficits.It is possible that an exhausted, agitated parent might respond inappropriately to acrying daughter in the middle of the night. Lethargy might have increased thelikelihood of a thoughtlessness or carelessness response, but the withdrawal alonewould not have been sufficient to prevent encoding of the events related toSarah's death. The combination of alcohol use and cocaine withdrawal is morelikely to result in memory deficits.

3. Cognitive impairment related to substances taken after the incident. McGeogheanreports that after her daughter's death she took large doses of prescribed and streetdrugs to deal with her distress. The heavy use of these drugs, particularly alcoholand benzodiazepines, may have contributed to her long-term memory impairmentof events that occurred around this time.

4. Dissociation. The violence in McGeoghean's family of origin and the trauma ofSarah's death meet the severity requirement for Post Traumatic Stress Disorder(PTSD). Her intrusive recollections of traumatic events, severe anxiety, andavoidance are sufficient to qualify for a diagnosis of PTSD. Adults with thisdiagnosis who have experienced trauma from an early age are particularly likelyto experience dissociative symptoms, which may result in difficulty recallingstressful events. It is also fairly common for people with PTSD to react violentlywhen in a dream state and to wake with little recollection of what transpiredduring the night. The use of alcohol and other substances increases the likelihoodof poor recollection of these events.

5. Other biological factors. There was no evidence that McGeoghean suffered fromother medical issues at the time of her daughter's death. While she had sufferedfrom some head trauma and may have had some cognitive deficits as a directresult of the substance use, McGeoghean reported no history of loss ofconsciousness or seizures.

6. Psychological denial. The death of a child at the hands of her mother is a majorviolation of the natural order of human relations. Just as society has difficultyconceiving of this sort of action on the part of a mother, the individual who

26

commits such an act, particularly when in some sort of altered state, can havedifficulty integrating this act into her view of herself. Psychological immaturity, ahistory of early trauma and substance use increase the likelihood that a personwill use primitive defense mechanisms, such as psychological denial, to deal withan intolerable act. (Note: Psychological denial is distinguished from the consciousact of denying what one knows to be true, because the person who is inpsychological denial is unable to access the truth of the situation.)

While it is not completely clear which factors are most likely to account forMcGeoghean's inability to remember what happened on the night of her daughter's death,there are sufficient reasons to explain the deficits. Because this lack of recall is mostlikely beyond her control, it seems unfair to use this deficit as a primary reason to denycommutation.

In summary, while there is a natural desire for clear confession that specifies the

particulars that occurred on the night of Sarahs death, the most honest statement in this case

appears to be that while she is deeply remorseful and understands that her daughter died at her

hand, Nancy McGeoghean cannot honestly provide a detailed description of what happened.

B. INSTITUTIONAL CONDUCT

Nancy McGeoghean has an exemplary prison record. She has but nine disciplinary

reports over the course of 24 years of incarceration:42

01/08/1990 Possession of a compact mirror. This was a violation of the prison rule ofno glass in prison housing.

04/29/1991 Refused to report to work. She was enrolled in school at the time.12/02/1993 In bed when prison count being conducted; she got up immediately when

asked.03/30/1994 Possessed hoop earrings, five Bic pens and 2 yellow highlighters (received

in connection with her education).10/05/1994 Given a warning for lying to a staff member12/18/1994 In possession of two white cotton blankets in her laundry bag12/25/1994 Physical contact between inmates12/06/1997 Possessed tweezers04/07/1998 Left her unit before being released for lunch. She was standing in front of

the Health Service Building conversing with another inmate.

42 See Ms. McGeogheans Six-Part Folder.

27

As can be readily discerned, the violations were overwhelmingly minor and committed during

the early years of institutional adjustment. Ms. McGeoghean has not had a disciplinary report

for sixteen years.

Ms. McGeoghean has been commended by the warden for good conduct. As recognition

for her behavior, she has been chosen to be a peer counselor to other women in the institution.

She received a letter of support for this petition from the Superintendent Bissonette of MCI,

Framingham, commending her exemplary behavior and contributions to others:

I have known inmate Nancy McGeoghean F33329 since my tenure began asSuperintendent pf MCI-Framingham in 2003. Nancy has taken advantage of anumber of education, treatment and program activities. Theses include, but arenot limited to, earning her GED, earning her Bachelor of Science degree from theBoston University Program, attendance at AA meetings, and Participation in theNEADS (National Education for Assistance Dogs) Program.

When MCI-Framingham began the NEADS program in 2004, Nancy was one ofthe initial participants. She was selected after a vigorous review process due toher positive institutional adjustment. To date Nancy has raised nine (9) puppiesfor NEADS to place with a disabled person in the community. Several staff fromNEADS, who train the trainers of the puppies, has shared with me howcommitted Nancy is to the program. I frequently ask Nancy to speak when I tourvarious groups through the facility. I have observed her confidence and prideincrease dramatically over the years. She also coaches new inmate trainers in theprogram.

I have also observed Nancy and the positive way she carries herself in the facility. She serves as a role model to her peers.

Ex. M, Letter of Lynn Bissonette, Superintendent, dated May 21, 2013. Nancys last Objective

Classification, February 28, 2011, recommended her for minimum custody, for which of course

she was ineligible as a first-degree lifer. Ex. P.

Nancy McGeoghean has spent her time imprisoned working to improve herself, her

community and those less fortunate. For herself, Ms. McGeoghean has participated in programs

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aimed at healing her substance abuse problems and providing her with the means for dealing

with the problems that addiction presents. She has also sought spiritual guidance and support to

assist her efforts to deal with her substance addiction honestly and to eliminate it as a way of life.

For the MCI, Framingham prison community, Ms. McGeoghean has acted to protect the dignity

of its members and sought to foster an environment free of abuse and violence. She completed

successfully programs with these goals and acted to eliminate abuse in the prison environment.43

Most recently, Ms. McGeoghean started a group which meets in the Mental Health Unit, and to

which she brings her current NEADS dog, Tango, to help other inmates, as peer supporters,

with the healing process.44

1. Participation In The NEADS Puppy Program 2006 To Present

The NEADS Puppy Program involves inmates training hearing and services dogs to

assist the deaf and partially disabled. Nancy McGeoghean was the first female inmate in

Massachusetts to be accepted to participate in this program, receiving her first puppy in 2004.

Her achievement was heralded in the local newspaper:

43 See supra Sections III. B, pp. 26-34, and infra Sections III. C, pp. 34-39, and III. D., pp. 39-40.

44 Ex. W, Letter of Supt. Lynn Bissonette, approving Ms. McGeogheans request, and thankingher for the great idea.

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The efforts of the NEADS trainers are instrumental in accomplishing the goals of the NEADS

Program to allow the physically disabled members of society to have freedom, independence,

security, love and relief from social isolation which frees them from their own personal prisons.

Her last dog, Recon, is a TAG (Trauma Alert Dog), which was placed with a vet through the

Canines for Combat Veterans. Many of the people who have received the dogs she has trained,

have come to MCI, Framingham to thank Nancy and have their picture taken with her and the

dog. See Ex. N.

In performing these valuable and altruistic services, which make an palpable difference

in the lives of disadvantaged people, Ms. McGeoghean has successfully trained nine dogs and is

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currently training her tenth. After training her first dog, Ms. McGeoghean received a thank you

note:

Blaze goes everywhere with me ... hes the best dog in the world. In fact, Blazehas traveled with me on the plane from Boston to Phoenix . . . He is so wellbehaved. . . Im so glad the NEADS program is going strong at Framingham . . . Iknow how important this program is on several levels. . . I hope your holidayswere as great as mine.45

Another recipient, Rev. T. J. Bland, wrote Ms. McGeoghean through the NEADS Program, to

express the delight he takes in the company of his dog, Granite. Ex. U. Ms. McGeogheans

talented, dedicated, selfless efforts in training, caring for and loving these animals has brought

about a change in the lives of societys less fortunate:

I marvel the most at her commitment and enthusiasm over training the NEADSdogs. While raising and training each puppy, Nancy always focuses on theperson whose quality of life the dog will sustain. She worries about doing thebest job possible in training each dog. With each new puppy, Nancy sends meseries of photos capturing the dogs growth and progress. She asks me to sendback several copies for the special albums she creates from recycled paper andthen sends to the dogs final owners. With Nancys creativity and caringemotions for the dog and future owners, these albums become priceless keepsakescherished by someone for a lifetime.46

The level of commitment to and empathy for the eventual recipient guides Nancy to go above

and beyond the Programs stringent requirements:

We feel extremely fortunate for being on the receiving end of Nancys loyalty,dedication and commitment she provided in order to train my sons service dog,Radar. Due to Nancys constant commitment with Radars training, he has

45 Ex. Z, letter of Jerry LNU, recipient of Blaze, a NEADS dog trained by Nancy McGeoghean;see also Ex. J, Certificates from NEADS Puppy Program, newspaper articles relating thedifference it makes for those who benefit from the devotion of those who train the dogs, andpictures of some of the dogs trained by Nancy Mcgeoghean.

46 Ex. A-5, Letter of Julia Goldberg, MCSIC, MCJ, member of Partakers, a faith-basedorganization which facilitates sponsorship of prisoners by area congregations.

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provided my son the independence, companionship as well as a sense of securityhe greatly needs and deserves (he has been confined to a wheelchair since the ageof 10).

Nancy went beyond the standard requirements (which are exremely high already)for over a year with Radars training. Not only did she train him to open/closedoors, turn lights on/off and retrieve dropped objects, just to name a few, she addsher personal touch by teaching him special tricks. Sneeze, sit pretty and kissesare just a few that amuse my son constantly. We are also extremely appreciativeof the personal aspect she provided, clearly seen in the several photo albums shemade for us. Until having a service dog for my son, I had no idea what adifference they can make in someones life. It takes a very unique individual todedicate so much time and effort all for the benefit of a complete stranger.

The impact Nancy has had indirectly through Radar in our life is immeasurable,and to think she has done this for numerous other people (8 others, I believe)besides my son. Some of us have never had or taken the opportunity to makesuch a difference in one persons life. Thanks to Nancys choice to take theopportunity, we are very thankful.

Ex. V, Letter of Tina Gagnon. A hallmark of Nancys work as a NEADS trainer is her

dedication and unrelenting will to succeed, as attested to by a NEADS coordinator and trainer,

who worked with her for six years:

Last year Nancy was matched with a puppy named Brent, a sweet black lab. Almost immediately Brent started having problems with severe separationanxiety. Week after week Nancy worked on getting him over this since she knewhe would be released if it continued. Most handlers would have given up on thedog but Nancy did not. Brent was an extremely frustrating dog but Nancys loveand dedication to Brent motivated her to keep working with him and slowly overtime Brent improved. This year Brent was placed as a service dog with a disabledperson. I strongly feel that if Brent had been with anyone else he would not havemade it in the program.

Ex. Y, Letter of Paula M. Giardinella, Americas VetDogs, Veterans K-9 Corps, bearing a

photograph of Brent with the recipient and family.47 Nancys strength of character is manifested

47 See also Ex. J, 10/17/13 Certificate of Appreciation for contribution to the NEADs PuppyProgram , evaluation for dog Al (Nancy worked very hard on Als stair issue with on and offsuccess. She tried many different methods and dedicated a lot of time on it. . .).

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in her leadership and willingness to help other handlers:

Nancy is a mentor to other handlers in the program and doesnt hesitate to offerher advice when handlers are having problems with their dogs. She never letspersonal issues stand in the way of helping out. The service dogs Nancy hasraised and continues to this day, is a testament to her dedication to the NEADSprogram and a greater desire to help others.

Ex. Y, Letter of Paula M. Giardinella.48 Nancy has received certifications, attached as Exhibit J,

for her unceasing efforts, attesting to her successful training of dogs in the NEADS Program.

2. Educational Achievement

Ms. McGeoghean received her GED in prison on January 31, 1992,49 then, through years

of arduous work, received a Bachelors of Liberal Studies in Interdisciplinary Studies from

Boston University on June 12, 2012. Ex. R. In addition to the strength of character required for

any inmate, let alone for a 9th grade dropout, to persevere, to struggle and to finally achieve a

college degree, many studies reveal that there is also a profound implication for reducing the

possibility of recidivism.50

3. Participation in Institutional Programs

48 See also Ex. J, 10/17/13 Certificate of Appreciation for contribution to the NEADs PuppyProgram, evaluation of Radar (Nancy is a very good dog handler and mentor for otherhandlers in the NEADS program. Radar had strengths and weaknesses but Nancy knew themall.).

49 Ex. S, Commonwealth of Massachusetts Board of Education High School EducationEquivalency Diploma.

50 See Lois M. Davis, Robert Bozick, Jennifer L. Steele, Jessica Saunders, Jeremy N. V. Miles,Evaluating the Effectiveness of Correctional Education: A Meta-Analysis of Programs ThatProvide Education to Incarcerated Adults (examining 50 studies of correctional educationprograms spanning 32 years of research). ISBN: 978-0-8330-8108-7, available athttps://www.bja.gov/Publications/RAND_Correctional-Education-Meta-Analysis.pdf. Sponsored by the Bureau of Justice Assistance.

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Nancy McGeoghean has completed and continues to participate in many ongoing

programs; a complete list is attached as Exhibit K. Perhaps the most important program

successfully completed is the Womens Correctional Recovery Academy, a six-month residential

treatment program, from June 1, 2009 through November 5, 2009. Ex. K; see also Letter of

Superintendent Bissonette, Ex. M (Nancy has taken advantage of a number of education,

treatment and program activities).

Ms. McGeoghean has impressed many with whom she has had contact over her 24 years

at MCI, Framingham. Moved by her tireless efforts toward self-improvement, her dedication to

helping others, spiritual development and her overall rehabilitation,24 individuals who have

known Nancy McGeoghean during various stages of her life, both before and during her

incarceration, have prepared letters requesting the commutation of Nancy McGeogheans life

sentence.51 While each request provides different insight into the life and rehabilitation of Ms.

McGeoghean, they all share the opinion that if given a second chance, she will make a

productive and responsible member of society. Reference to a few of the letters illustrates the

extraordinary growth, the reform of character, and spirit to which all the letters attest.

Kathleen Bouchard, while working as a reintegration counselor in prison, had the unique

experience of first observing Ms. McGeoghean,52 since Bouchard was not her counselor, then

receiving permission from Superintendent Bissonette to visit Nancy after she left that post, and

51 Ex. A: twenty-four letters of recommendation, plus the Affidavit of Terence McGeoghean, thevictims father, submitted in support of the Petition for Commutation.

52 While working at the prison for two years, I observed Ms. McGeoghean on a weekly basis. Inoticed that she was someone who was respected by the other inmates and the officers. Shestayed out of trouble, worked daily, attended Boston University classes, participated in theCatholic Chaplaincy programs, and trained puppies for people with disabilities. Ex. A-2, Letterof Kathleen Bouchard, dated May 9, 2009.

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then coming to know her very well over the course of 7 years, states Over the past seven years,

I have witnessed Nancy continue to maintain her exemplary behavior and have shared many

conversations about her time in prison, her painful regret for choices she made as a young

woman, and her hope to one day have a chance to help others on the outside. Please, Governor

Patrick, take the time to consider this womans future. She will suffer remorse for the death of

her daughter for the rest of her life; she has spent the past 24 years participating in rehabilitation

and vocational programs at MCI Framingham; and she is not a threat to society. I ask you to

commute her natural life sentence and allow her to become a contributing member of society.53

Emily Berheide writes that Ms. McGeoghean is always so excited about the latest thing

she taught her dog to do like turn on a light switch or bring a newspaper, knowing that this dog

will eventually be doing these things for someone who cant do them for themselves. When

told of cerebral palsy victims with whom Ms. Berheide works, Ms. McGeoghean demanded to

be of assistance. At Ms. Berheides suggestion, Ms. McGeoghean is now a pen-pal weekly with

a 40 year-old cerebral palsy sufferer.54

C. SOCIAL AND SPIRITUAL DEVELOPMENT PROGRAM CERTIFICATIONS

Ms. McGeoghean returned to the faith she had lost in the tumultuous years of her

adolescence. On June 17, 1991, she received the Sacrament of Confirmation from St. Stephens

Roman Catholic Church, Framingham, and thereafter continued her religious revival:

Perhaps most importantly, she has engaged in the Catholic Chaplaincy Program to

53 Ex. A-2, Letter of Kathleen Bouchard, former Reintegration Counselor, Spectrum HealthSystems, dated April 11, 2013.

54 Ex. A-1, Letter of Emily Berheide, Leader, Prison Education Project, First Parish Church,Cambridge MA.

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its fullest extent. She has sought help, education and counseling, and I believeshe has grown into a responsible and mature adult. Its hard for any of us tonegotiate the journey into adulthood. It is particularly difficult in prison. It iswithin the confines of prison that Nancy has had to look honestly at herself, hertraumatic past, poor relationships, and alcoholic background. She has come toterms with her own alcohol use, and profoundly felt the remorse of losing herchildren, but most particularly, Sarah.55

Ms. McGeoghean also sought guidance from the rehabilitative programs offered at MCI,

Framingham. As a member of Partakers, a faith-based organization which facilitates

sponsorship of prisoners by area congregations, put it, Ms. McGeoghean is committed to

personal growth, educational advancement and helping others. She has completed every self-

help, volunteer and instructional program available to her.56 Her spiritual and worldly growth

has wrought extraordinary changes:

In doing programs such as Fully Alive at the prison, I have had the chance to getto know Nancy over the years. She has changed and has become a woman ofdignity and honor. She has grown up and has participated in many programs andhad many hours of counseling. Nothing will change the past, but I do believethere is a future for Nancy. I think that given the opportunity, she will live auseful and productive life. I pray that she will be given a chance to be free.57

The programs Ms. McGeoghean has completed, which are numerous and have served as vehicles

for her growth, include:58

Certificate of Completion of Workshop for Training In Nonviolence Alternatives toViolence Projects

55 Ex. A-3, Letter of Rev. Jack Butler, S.J., Jesuit priest, therapist, and spiritual counselor atMCI, Framingham to Ms. McGeoghean.

56 Ex. A-5, Letter of Julia Goldberg, MCSIC, MCJ.

57 Ex. A-16, Letter of Karen A. Murray.

58 Ex. J, copies of the NEADS Certificates.

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Confirmation Certificate from the Roman Catholic Church June 17, 1991

Fully Alive program, September 1-30, 1991

ABE Program59

Certificate of Achievement Project Bread Walk for Hunger ParticipantMay 3, 1992

Non-Violent Conflict Resolution60

Achievement Certificate for Participation in the Catholic Chaplaincy Christmas RetreatDecember 1999

Certificate of Completion of Healthy Relationships Program March 21, 2002

Achievement Certificate for Participation in the Catholic Chaplaincy Christmas Retreat December 2002

Certificate of Completion Phase II of the Trauma and Recovery Group61

Certificate of Completion Phase III of the Trauma and Recovery Group62

Certificate of Participation for Completion of a Ten (10) Session Domestic ViolenceProgramApril 2, 2003

Achievement Certificate for Successful Participation in the Catholic ChaplaincyTeachers Assistance Program, June 2003 June 2004 Awarded June 2004

59 See Ms. McGeogheans Six-Part Folder.

60 See Ms. McGeogheans Six-Part Folder.

61 See Ms. McGeogheans Six-Part Folder.

62 See Ms. McGeogheans Six-Part Folder.

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Certificate of Participation in Habitat for Humanity June 8, 2004

Certificate of Participation for Completion of a Ten (10) Session Domestic ViolenceProgram October 27, 2004

Achievement Certificate for Participation in the Catholic Chaplaincy, Discovery Hope While Experiencing Brokenness Program May 15, 2005

Achievement Certificate for Participation in the Catholic Chaplaincy, H.O.W. Recovery Retreat, Honesty, Openness and WillingnessMay 21, 2005

Achievement Certificate for Participation in the Catholic Chaplaincy New Beginnings-Encountering Jesus, You, Jesus and New Life Retreat June 5, 2005

Certificate of Recognition for Participation in House of Healing Emotional AwarenessProgramJune 2005 September 2005

Certificate of Participation for Completion of the four (4) Session Eight (8) Hour SelfEsteem Program at MCI FraminghamDecember 21, 2005

Achievement Certificate for Participation in the Catholic Chaplaincy Recovery RetreatApril 1, 2006

Achievement Certificate in the Catholic Chaplaincy, Special Day PrayerMay 9, 2009

Achievement Certificate in the Catholic Chaplaincy, Discovering Hope WhileExperiencing Brokenness ProgramJune 7, 2009

Certificate of Completion for Phase I of Healing From the PastJune 22, 2009

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Certificate of Participation for Completion of the Self Esteem ProgramJuly 22, 2009

Certificate of Completion for Phase II of Healing From the PastAugust 24, 2009

Certificate of Completion for Successfully Completing Healing From the PastOctober 5, 2009

Correctional Recovery Academy graduate11/5/2009, a 6 month in-house program which addresses drug and behavioral issues

Achievement Certificate for Successfully Participating in the Catholic ChaplaincyChristmas RetreatDecember 4 & 5, 2009

Achievement Certificate for Participation in the Catholic Chaplaincy TransfigurationRetreatOctober 15-16, 2010

Achievement Certificate for Successfully Participating in the Catholic ChaplaincyChristmas RetreatDecember 10 & 11, 2010

Certificate of Completion of the Peer Support Program training, Engaging Women inPeer Support March 29, 2011

Achievement Certificate for Successfully Participating in the Catholic ChaplaincyRecovery RetreatSeptember 16, 17 & 18, 2011

Achievement Certificate for Successfully Participating in the Catholic ChaplaincyChristmas RetreatDecember 10 & 11, 2011

Certificate from the Peer Support Program, For being invested, consistently attendingweekly groups, and devoting her time to others! August 1, 2012

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Achievement Certificate for Successfully Completed the Catholic Chaplaincy Fully AliveSeries Focus on Peace (part 1), The Virtue of Peacemaking September 9, 2012

Achievement Certificate for Successfully Completed the Catholic Chaplaincy TheVirtue of Reconciliation Theology CourseDecember 2, 2012

Achievement Certificate for Successfully Participating in the Catholic ChaplaincyChristmas RetreatDecember 7 & 8, 2012

Certificate from the Peer Support Program, For being invested, consistently attendingweekly groups, and devoting her time to others! April 10, 2013

Achievement Certificate for Successfully Participating in the Catholic ChaplaincyChristmas RetreatDecember 6 & 7, 2013

D. INFORMATION PROVIDED TO INSTITUTIONAL SECURITY PERSONNEL

Deputy Superintendent Daniel Calis and Captain Henderson (who has known Ms.

McGeoghean for over 20 years, and who provided a letter, Ex. O, describing the matters set out

below), both at MCI, Framingham, have repeatedly advised Ms. McGeoghean that they can only

appear at a hearing by summons, and if they were to be summonsed they would relate the

following:

1. In approximately 2006, Nancy McGeoghean provided information to Captain Henderson

regarding Recreation Officer Joyce Morante. After investigation, Officer Morante was

fired for receiving an automobile from an inmate.

2. In 2007, Ms. McGeoghean provided information that her cellmate, Rachel Brewster was

having sexual relations with a maintenance supervisor, Mark E. Packard, in the

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Maintenance Shop. As a consequence, Ms. Brewster contracted a sexually transmitted

disease and got very sick. He was providing her candy in recompense for the sex. After

investigation, he was indicted for rape.

3. Ms. McGeoghean also provided information that a storeroom employee, Mark Pasquale,

was putting money in inmate accounts in return for sexual favors. Apparently, the sex

quid pro quo was not proven and no criminal charges were filed. However, he was fired

for putting money in Inmate Lisa Planskys account.

Ms. McGeoghean has not been rewarded by any official action for the assistance she provided to

law enforcement. Executive Clemency Guidelines, January 13, 2014, p. 8, III.B.1.d.

The Board is urged to also consider this information in evaluating the extraordinary

extent of Ms. McGeogheans rehabilitation. Having the courage to step forward in order to

expose exploitation, and now revealing her cooperation publically, knowing that her role might

be exposed to fellow prisoners, manifests, in Capt. Hendersons words, the strong moral fiber

and character that may have been lacking earlier in her life. Ex. O.

IV. REASONS TO CONCLUDE THE INMATE WILL LIVE OUTSIDE PRISON ASA SOBER, LAW ABIDING, EMPLOYED, PRODUCTIVE PERSON WHO ISMAKING POSITIVE CONTRIBUTIONS TO HIS FAMILY AND COMMUNITY.

A. RECIDIVISM RISK

When faced with the issue of commutation, the possibility of reoffending is always a

concern. A statistical analysis of the demographic data predicting recidivism shows that Nancy

McGeoghan is at very low risk of reoffending, particularly of committing the sort of violent

crime that she was convicted for. Her lack of previous arrests also decreases the likelihood of

recidivism. That fact that she will be over 45 at the time of release also significantly decreases

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the likelihood of reoffending. See Ex. P, DOC Objective Classification-Reclassification Form,

conducted on February 28, 2014, scoring Nancy McGeoghean -2 because of her age. The latest

DOC Personalized Program Plan, Ex. T, Risk Assessment, assesses Risk of Violence as Low and

Risk of Recidivism as Low. As to each category in the Recommendations section, the Board

noted, she was Not Considered a need area for this offender, no recommendation required.63

The programs she has taken in prison; her positive mind set; significant supports; skills;

reestablishment of positive familial ties; good behavior while incarcerated; and college education

all increase the likelihood that she will make a positive contribution to society rather than return

to prison. See Ex. Q, pp. 10-11, Evaluation of Dr. Rapperport.

B. LENGTH OF TIME REHABILITATED

Nancy McGeoghean has been incarcerated since May 21, 1990, almost 24 years.

Although she had some early adjustment issues, all of her disciplinary reports were minor and

the last one was on April 7,