Bennett objected to Amabile’s question and, during a side bar conference, the judge overruled the objection, admitting the two men’s ties to Harvard as evidence in the entire trial.
“Somebody might question whether it would have been appropriate for the district attorney to excuse himself from the case,” Amabile said in a later interview.
PERSONAL TIES
Prosecutors and defense attorneys independent from the case who were interviewed for this article said that the prosecutors’ Harvard connections could become an ethical issue in the trial if their ties to the school cause them to treat the trial differently.
But the lawyers interviewed said that the Harvard connections likely have minimally impacted the case.
“It doesn’t sound like there’s any sort of conflict of interest,” said William Barabino, a criminal defense attorney in Wakefield, Mass. “Because essentially the school is not the defendant.”
Scott D. Bradley, a criminal defense attorney in West Bridgewater, Mass., describes Leone as a person who prioritizes “rules of professional responsibility.”
“They’re all well versed in the law and in the rules of ethics,” Bradley said of prosecutors in the Middlesex Superior Court.
Barabino said that the Harvard ties are not unusual because Harvard graduates often remain in the area.
“It’s just a natural consequence. Someone has to prosecute the crime, and it just happens to be them,” Barabino said.
But lawyers said that the prosecution’s personal ties could affect their enthusiasm in prosecuting the case.
“You might be a little bit motived to just check things over a few extra times and try even harder than you’ve ever tried before because you have that extra motivation,” Bradley said.
“If anything it would be make me particularly zealous about the case,” said Michael K. Bachrach, a New York criminal defense attorney.
MEN OF HARVARD
During their time at Harvard, Bennett and Leone became close friends, according to Robert J. Mazzone ’85, who was roommates with Leone all four years at Harvard.
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