According to defense lawyers and prosecutors, Alford pleas are rarely allowed by judges because there is no admission of guilt. The centerpiece of most pleas is the defendant?s acceptance of responsibility, they said. Ball, according to a Boston defense lawyer who knows her well, is one of the few local judges who will accept such pleas.
Vitale, who was also DiMasi?s longtime financial adviser and campaign treasurer, is accused of secretly lobbying DiMasi and other legislators on behalf of the Massachusetts Association of Ticket Brokers. The group paid Vitale $60,000 to push 2007 legislation that would have lifted the state?s $2 limit on ticket surcharges.
Vitale, and his consulting firm WN Advisors, were charged with failing to register as lobbyists and making political donations beyond the $200 limit for lobbyists.
In addition, Vitale was accused of breaking another section of the lobbying law by signing a contract with the ticket brokers that included a success fee, a bonus that would have been paid only if the legislation the group sought had been signed into law. Success fees are illegal in Massachusetts.
Vitale has argued he was a consultant, not a lobbyist, and did not need to register.
Since the case will not go to trial, many of the details will never be made public, including the ways Vitale sought to influence DiMasi and other key lawmakers on Beacon Hill. Prosecutors had attempted to file statements of their case, but were rebuffed by different Suffolk Superior Court judges.
Last month, Vitale?s lawyer, Martin Weinberg, said his client wanted to resolve the case. But the plea was delayed while the defense and prosecution tried unsuccessfully to reach agreement.
For several weeks, no hearings were scheduled. That ended Monday, when Ball, who has been criticized by prosecutors for lenient sentencing, began sitting in Suffolk Superior Court. On Monday, the change of plea was set for this afternoon.
Neither prosecutors nor Weinberg returned phone calls requesting comment.
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