On December 18, 2009, upon initial
installation of the Sobrietor, Anthony had an elevated reading. A
second test was given 3 minutes later and again it was elevated,
although it decreased over that brief period. The installer, an
employee of the department of probation, was present during these tests
and told him there would be another test in half an hour and not to
worry. The installer asked Anthony if he had just used mouth wash, or
anything else in his mouth. Anthony told him what he had done for
hygiene that day. (You cannot see the readings on the Sobrietor when
you blow into the machine, instead they are transmitted via the phone
lines to the probation office.) The third test came and after doing it
Anthony called the probation office and asked if the reading was still
elevated. They would not tell him. He asked them several times to let
him know so he could immediately get to a hospital to have his blood
drawn-knowing he did not ingest alcohol and the window for a blood test
closes quickly. The probation office said not to worry and that they
would call him back if there was a problem. They called back the next
morning, to tell him to come to court–a period of time after which a
blood test does no good.

On January 4, 2010, Anthony went back
into court for his probation violation hearing. His lawyer, George
Hassett, presented both urine and hair tests (with the help of an
expert witness) during the hearing that clearly showed Anthony had not
ingested alcohol. There was also the testimony of eyewitnesses, who had
been with Anthony both the night before and that entire day, who
testified they had not seen Anthony ingest any alcohol. The installer
himself testified that Anthony did not smell of alcohol, nor did he see
anything at his house that would lead him to think he was drinking. He,
in fact, said he was surprised by the elevated reading. The judge
disregarded all this evidence and testimony and found Anthony in
violation of probation.

We sat in the courtroom throughout the
entire hearing on January 4, and we did not think it was possible that
the judge would or could come away with any other conclusion than that
Anthony did not violate his probation. Anthony appeared to have clearly
met his burden of proof. As a family, we have personally witnessed the
changes Anthony was making in his life since that October day. We all,
as a family, accepted the initial sentencing, and were deeply
disappointed by Anthony's actions that led to that day. Anthony had to
answer to us in addition to the court. The outcome of January 4th,
however, is not something we can simply accept, knowing that it was not
based on wrong-doing.

Since January 4th, Anthony has been in
the Billerica House of Corrections. He is keeping his spirits up as
best he can, helping those around him as always. Anthony's family and a
group of loyal friends have been trying to bridge the communication gap
among Anthony and his lawyers and supporters. It has been a busy and
stressful time, with the highest of stakes.

We are grateful to
attorneys Hassett, Kiley and Cintolo who have worked tirelessly, and
continue to do so, on Anthony's behalf. We are also fortunate to have a
great appellate lawyer, Professor Charles Ogletree, on board for the
appeal phase. It is not going to be easy. Appeals of probation
violations are even more difficult to win than the initial hearings.

It
leaves one to ask how much retribution is enough? How far do we as a
society wish to rip people apart before we say they have paid for their
crimes? Anthony has dedicated 17-1/2 years of his life as a public
servant, working tirelessly to assist the less fortunate. It is no
exaggeration to say that Anthony helped people on a daily basis. As a
City Councilor, Mayor, and State Senator he never gave up on the
communities or people that he represented. His mistakes have never been
born of corruption or malice, but rather from issues surrounding
alcohol abuse. Why was alcohol abuse counseling or treatment not a part
of this judge's sentencing, but the strict monitoring via a Sobrietor
was?

We cannot sit back and let the judicial system destroy all
that he is, as a public servant and a man. We will be there for him, no
matter the outcome of the appeal. We sincerely appreciate your support
at this difficult time.