Sacco and Vanzetti - Dukakis Proclamation

Dukakis Proclamation

In 1977, as the 50th anniversary of the executions approached, Massachusetts Governor Michael Dukakis asked the Office of the Governor's Legal Counsel to report on "whether there are substantial grounds for believing–at least in the light of the legal standards of today–that Sacco and Vanzetti were unfairly convicted and executed" and to recommend appropriate action. The resulting "Report to the Governor in the Matter of Sacco and Vanzetti" detailed grounds for doubting that the trial was conducted fairly in the first instance and argued as well that such doubts were only reinforced by "later-discovered or later-disclosed evidence." The Report questioned prejudicial cross-examination that the trial judge allowed, the judge's hostility, the fragmentary nature of the evidence, and eyewitness testimony that came to light after the trial. It found the judge's charge to the jury troubling for the way it emphasized the defendants' behavior at the time of their arrest and highlighted certain physical evidence that was later called into question. The Report also dismissed the argument that the trial had been subject to judicial review, noting that "the system for reviewing murder cases at the time...failed to provide the safeguards now present."

Based on recommendations of the Office of Legal Counsel, Dukakis declared August 23, 1977, the 50th anniversary of their execution, Nicola Sacco and Bartolomeo Vanzetti Memorial Day. His proclamation, issued in English and Italian, stated that Sacco and Vanzetti had been unfairly tried and convicted and that "any disgrace should be forever removed from their names." He did not pardon them, because that would imply they were guilty. Neither did he assert their innocence. A resolution to censure the Governor failed in the Massachusetts Senate by a vote of 23 to 12. Dukakis later expressed regret only for not reaching out to the families of the victims of the crime.