Date: March 20, 2008

(State House, MA)    On Tuesday, March 18, over twenty motorcyclists and one bicyclist testified before the Joint Committee on the Judiciary, while other riders attended and supported the group, carrying the public ball for all road users in Massachusetts , seeking the support of the Committee for HB 1464.

(See some of the pictures taken by Irv Evans and Wendell Davis, Jr., on www.MassMotorcycle.org)

The Hearing was scheduled to start at 1:00 and several attendees met at 12:30 and were provided handouts, media releases and the Hearing List showing 71 other bills were on the schedule.  Our HB 1464 was 34th on the schedule list.

The Hearing started about 1:30, with the Committee Senate Chairman Robert Creedon providing the 'public testimony ground rules,' including limiting speakers to 2-3 minutes each.  He mentioned last week the Committee heard testimony up to 10:45 p.m., and some who waited all day and night never got a chance to testify.  That he was going to be 'strict' on limiting testimony.   In advance of the Hearing, and coordinating our list of those MMA members and supporters who would be testifying, his Clerk Tom provided me with a grouping by 'panels of four' of our scheduled speakers.

As fate would have it, there were three (3) other 'high profile' bills on the Judiciary Committee list, a bill to modify the CORI system, a bill to reduce the 0.8 blood alcohol limit to 0.2, and a bill to decriminalize Pot under an ounce, and the "Casino bill" being heard in another Hearing Room.  There were probably over 150 'CORI' and "pot" supporters present.  Even opening the Hearing Room into another abutting Hearing Room, . . . both rooms overflowed with a mixture of attendees participating in the process.

Custom has it all government officials (elected or appointed) speak first and can speak on any bill at any time, out of order, for any amount of time.  Then, any Police, Firefighters, military members, in uniform, or Bar Associations leaders.  Then they usually begin at the top of the published list and work their way through the bills.

Several times, Rep. Natale of Woburn came in to testify in support of HB 1464, staying five minutes or so, then having to leave for the Casino hearing. 

The Governor came in and led off the Hearing speaking in support of his CORI modification bill.  He took about 20 minutes.  Rep. Fagan testified about his "0.2" bill.  He took about 20 minutes. Elected officials came and testified and some government agency people came in and testified, . . . and before we knew it - it was about 3:30 p.m.

Then they called our HB 1464, "out of order" - advancing our Bill in front of the 33 others!  This is significant in that they 'recognized' the MMA and our advance coordination with their Clerks, ahead of everyone else (other than government officials).  It really was a proud moment being called "out of order" and that being a 'good thing!"

The following are condensed versions of the testimony, most speakers having submitted their written testimony in advance.  Each asked for passing HB 'favorably, out of the Committee', to continue its legislative process.

They called our first panel, which consisted of Dave Condon, Dave Elias, Mike Longtin and Paul Cote, all MMA Officers. 

Paul introduced the bill, his affiliations with the MMA, MMSF and AMA, his history working with officials reviewing accident reports, and how though the organizations, he got notice of 'victims' after the accidents.  How they as attorneys had likely handled personal injury claims and saw themselves, what happened to victims after the accidents when there was not enough insurance and had medical liens on the claims.

Paul told them what the bill was and that they would hear in testimony how it affected people.  They would hear others tell of how some motorist 'thought' they could 'make it' and that they were wrong and people died because of it.  Paul told them how he had written the bill, how 17 other states had enacted similar bills, and that while the bill might not be perfect, we were willing to work with them.  Paul gave them an overview of the 'stats.'  Dave Condon testified on his affiliations and his support of the bill as did Mike Longtin.  Dave Elias was coordinating getting handouts to others present.  At the end of our panel testimony, the Chairman asked for Paul’s  card and said his staff would be in contact. 

The second panel was called, consisting of Elisa Mello, Jackie Monahan, Leila and Jeff Botsford, and Christine Butler.   

Elisa had her late husband's (Brian's) firefighter helmet and picture.  She testified about the accident in Middleboro last March 24th, how the system seemed to ignore her, how much she has lost, while the 'at fault' driver goes home every night to his family and how unfair it was.  Jackie Monahan testified about her husband Larry's death, the plea bargain, the attempt at early release and her $8.5 Million judgment she'll never see a penny of.  Leila testified how last August a driver came through an intersection on the Cape and changed her life forever.  Over $100,000 in medical bills, how she worked in three professional capacities before the accident and was only back to one now.  How she is still in physical therapy.  And how this driver had minimal liability insurance.  Jeff testified about the horror of riding behind Leila, seeing her get hit, being with her and her shattered right leg and that she never lost consciousness and the pain she was in, how it affected his life and their life.  All was powerful testimony.  With over 150 people in the room, all you could hear was their testimony. 

Christine Butler missed her turn at that time as she was speaking with her Rep (who is a Committee Member and supporter of MMA issues), Rep. Naughton of Clinton . 

Some officials came in - they took them out of turn - then came back, . . . calling Christine Butler, as a member of the Bar.  Attorney Butler told them she was not there as an attorney but as a victim.  She brought with her a picture, the last picture taken of her, their child and Nick, about a week before the accident two years ago.  How the driver violated Nick's right of way and killed him.  She told that the driver's only penalty was probation and loss of license each April for 10 or 15 years, and that she had minimal liability coverage.  How it had impacted her life as a wife, a mother, and a career woman.  Powerful testimony.

The next panel was called.  Joe Tatro, Christine Kielpinski (a bicyclist) (both came in from Berkshire County ), Gordon Rowe and Dan Joubert (both CMA members).  Joe talked about the three 'right of way' violators that had hit him since year 2000, and how his injuries took his career away and he was now on SSD and had over $300,000 in medical bills.  But he wanted to also mention his friend Jack Haskell, who was killed by a right of way driver.  Joe had to take a break, and Christine testified how she had been a professional trainer and while riding her bicycle, a right of way driver crushed her.  And how it impacted her life, while the driver drove away with not even a fine.  Gordy talked about coming back from a 3,500 mile ride into Canada and back and while on his way to work a driver pulled out in front of him resulting in serious bodily injury.  He mentioned after having heard some of the others testimony, his injuries may not have been as serious but he supports them and this bill.  Dan testified about how a right of way driver injured him and wanted to make changes to help others in the future.  Joe was allowed to continue and he paid tribute to Jack Haskell and his family and friends.

By this time it was about 4:15, and four of the Xtreme Riders who came to testify, had to leave to go to work.  We appreciate them coming and standing in support of HB 1464.

The next panel included  Irv Evans , Wendell Davis, Jeanne Gould, Mark Poyant, and Michael Guerrera and finished up with Tom Newhook.

Irv testified of his support of the bill and got back to taking pictures.  Wendell testified about his best riding buddy being killed several years ago and how he does not ride as much any more because of it, then he got back to taking pictures.  Mark talked of accidents and riding and his support of Christine.  Jeanne testified about how a cab made an illegal left turn in front of her and how the injuries have impacted her life.  A rider trainer, she had to train herself back to ride again.  Michael talked of his intersection accident and how his girlfriend, as a passenger, was killed and of his injuries and impact on his life.  Tom introduced himself as being the bike behind Brian Mello, how unfair the criminal sentence was, and his support of HB 1464.

Paul was allowed to do a wrap up, thanking the Committee members for their attention to our testimony and bill, and thanked the crowd for their patience.  It was now about 4:45 pm.

Ordinary people doing extraordinary stuff, most for the first time, testifying at a State House Hearing, for change so others won't have to go through what they have.  Each had an impact Tuesday for all road users in the Commonwealth, and they deserve BIG HUGS from all of us, and a tip of the beanie of our thanks to them.  They opened their lives and hearts and old wounds, to strangers and the public.  Courage in its best form. Each is a 'wolf.' 

Special thanks to MMA leaders and Cheryl Frodermann for their support, Tom of Sen. Creedon's office, the Senator and Rep. Eugene O'Flaherty.  Grateful thanks to Irv and Wendell for taking and getting the pictures to Dave Elias for his posting on the www.MassMotorcycle.org web site.  Rick Gleason should be putting them up on the http://www.abatepacofma.org/.  And a few will be put up on the www.MassMSF.org web site. 

All worthwhile organizations that every rider should be a part of helping.  We all do it for you!