Governor Baker Pardons Cheshire Man
BOSTON. — Governor Charlie Baker announced pardons for six individuals including Michael Biagini of Cheshire.
Biagini, age 74, sought pardons for several convictions from the 1960s and 1970s so that he could reapply for a license to carry a firearm. He previously had held a license for several decades until a statutory change disqualified him.
"For the other four individuals that I have nominated for pardons, the charges in their cases also relate to decades-old offenses," Baker said. "Each individual has had clean records since these older charges and receiving a pardon will allow them to move forward in their lives. I urge the Governor's Council to consider each of these cases carefully."
The Massachusetts Constitution grants the Governor the power to commute, or remit, a portion of a criminal sentence and the power to issue a pardon. Petitions for commutation and pardon are reviewed by the Advisory Board of Pardons.
Under the governor's guidelines, petitioners must provide evidence that
(a) The petitioner has clearly demonstrated an acceptance of responsibility for the for which the petitioner is seeking clemency;
(b) the petitioner does not have any pending appeals or challenges to a conviction or sentence;
(c) the petitioner has made full restitution to his or her victims, in the event of economic injury;
(d) the petitioner has made exceptional strides in self-development and self-improvement and would be a law-abiding citizen;
(e) the petitioner has provided substantial assistance to law enforcement in the investigation or prosecution of other more culpable offenders:
(f) the petitioner has contributed to society through the military or public service, or through charitable work;
(g) the petitioner has demonstrated a period of good citizenship by "leading a responsible and productive life and contributing to [his or her community in a positive manner" for more than ten years following a felony conviction, "without the structure provided by government supervision," such as probation or parole,
(h) there is no alternative remedy available to the petitioner.
Biagini submitted a petition for pardon on Oct. 14, 2020, and on Aug. 29, 2022, the Advisory Board of Pardons conducted a public hearing.
Biagini's petitioned convictions included:
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1974: North Adams District Court - Assault & Battery: Guilty-Sentenced to three months in the House of Corrections
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1966: Pittsfield Jury Session- Assault & Battery: Guilty-Sentenced to a $25.00 fine
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1966: Northern Berkshire District Court - Assault & Battery: Guilty-Sentenced to a $25.00 fine
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1965: Adams District Court - Minor in Possession of Alcohol: Guilty-Sentenced to a $25.00 fine
At the hearing, Biagini explained that he had held a license to carry responsibly without issue for over 45 years and recently had been barred from renewing his license because of these convictions.
Biagini was asked about the convictions, but he reported that he had a limited memory of the incidents because they were so long ago. He did note, in regard to one of the assault and battery convictions, he was involved in a "tussle" over a young lady.
No victim impact statements were provided to the board. There were no testimonies or letters in opposition.
Biagini said he sought a pardon because he enjoyed hunting and wanted to share the hobby with his grandchildren.
Biagini went through his social and professional history. He reported that he is married with two children, two grandchildren and one great-grandchild. He served in the National Guard from 1966 through 1972 and received an honorable discharge. He worked at General Electric for 15 years and then worked as a truck driver. He retired approximately ten years ago but reported that he still drives a truck occasionally.
For over fifty years, he has served as a volunteer firefighter and first responder for the Town of Cheshire. He also served on the Cheshire Board of Health from 1990 through 2000, and again from approximately 2012 through 2019.
He currently serves as the elected Town Water Commissioner.
A report stated:
"From the age of 18 to 27, Mr. Biagini committed the offenses for which he is seeking a pardon. Now 74-years-old, Mr. Biagini is seeking a pardon to lawfully obtain a firearm. Mr. Biagini is an avid hunter who lawfully held a firearms license for decades until this conviction precluded his license renewal due to a change in the law. Mr. Biagini is a National Guard veteran and has demonstrated significant good citizenship as he served as Cheshire's Town Water Commissioner, and volunteer firefighter and first responder. He has demonstrated a compelling need and exceptional strides to warrant a pardon."
The vote of the five-member board was unanimous.