SULLIVAN.

FINAL 1/4/2008 2:21:09 PM

NEW ENGLAND SCHOOL OF LAW

COMMENCEMENT ADDRESS

MICHAEL J. SULLIVAN*

I. INTRODUCTION
Before I start, I would like to thank Dean John OBrien, Chairman of
the Board of Trustees Martin Foster, and the Board of Trustees, not only
for inviting me here today to speak as your commencement speaker, but
also for the exceptional privilege of being awarded an honorary degree at
New England School of Law.
This is an exceptional institution and you should be proud to be here.
Founded nearly a century ago, New England School of Law has built its
tradition of excellence in quality legal educationholding steadfast in its
commitment, its beliefs and its teachingsand as a result has enriched
countless students. This enrichment has been returned a thousand-fold as
graduates enter our profession, establish roots in a community, and
continue the tradition of service.
When two Boston women sat for the Massachusetts Bar in 1908,
tutored by lawyer Arthur Winfield Maclean, they had no way of knowing
that their thirst for the law would become the genesis for an accredited law
school, known today as the New England School of Law.
They also had no way of knowing that, by 1922, 228 students would
be enrolled, and that history would record that they had broken barriers and
paved the way for generations of legal scholars, particularly women. I am
sure that your predecessors could not imagine what the future would hold

* United States Attorney Michael J. Sullivan delivered the Commencement Address

at New England School of Laws ninety-sixth Commencement on May 25, 2007. He
received an honorary Doctor of Laws degree during the Commencement. In 2001, Mr.
Sullivan was appointed by President George W. Bush as the United States Attorney for the
District of Massachusetts. Since August 2006, he has been the Acting Director of the Bureau
of Alcohol, Tobacco, Firearms and Explosives. On March 21, 2007, President Bush
nominated Mr. Sullivan for the position permanently and he is awaiting Senate
confirmation.

5
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6 NEW ENGLAND LAW REVIEW [Vol. 42:5

for the graduating class of 2007. Today, you too, have become a piece of
this institutions history and a guardian of its future.
Great people have taught here, learned here, and led here. Some of
you may follow the footsteps of former New England School of Law
graduates who have practiced as local, state, and federal prosecutors; public
defenders; served as judges; and elected and law enforcement officials for a
fulfilling life of public service.
One of the first persons that comes to mind for me, and who we at
New England School of Law are rightfully proud of, is a friend, Kathleen
OToole, a graduate of the Class of 1982, and former Boston Police
Commissioner, now Chief Inspector of Irelands national police force.1 I
know Kathy and I am confident that when she sat in her seat on graduation
day, full of hope and promise for the future, she dreamed, she likely
dreamed that she could be the first female Boston Police Commissioner.
Could she have been so daring to have dreamed that she could be named to
the Independent Commission on Policing in Northern Ireland, also known
as the Patten Commission, as part of the peace processall of which led to
her appointment as Chief Inspector?
You also join the Honorable Joyce London Alexander, a graduate of
the Class of 1972, someone I work with at our U.S. District Court, and the
first African-American female Chief U.S. Magistrate Judge in the federal
judiciary.2 John R. Simpson, also a graduate, went on to serve his country
as the Director of the U.S. Secret Service under former President Ronald
Reagan and President George H. Walker Bush.3 Some of you may know of
the Honorable Susan J. Crawford, who spoke at your Law Day Dinner,
formerly Chief Judge of the U.S. Court of Appeals for the Armed Services.
She is now serving as the Convening Authority for Military Commissions,
where she is in charge of all military commissions in Guantanamo Bay. 4
You are in great company, and these are only a few examples of
graduates who have made significant contributions to public service and
public policy, due in significant part to the experiences and foundation they
developed here at New England School of Law. I know there are countless
others who may not receive public recognition, but who faithfully follow
their oath, zealously represent their clients, and honor our profession, by
advocating both popular and unpopular positions.

1. See Adrienne P. Samuels & Suzanne Smalley, Some Say a Minority Should Lead
Police, BOSTON GLOBE, May 19, 2006, at B1.
2. Susan Bickelhaupt & Maureen Dezell, Alexander Judged Worthy, BOSTON GLOBE,
July 31, 1997, at E2.
3. See Former Ohio Trooper to Lead Secret Service, CINCINNATI POST, Jan. 23, 1992,
at 2A.
4. Carol Rosenberg, 3 War-Crimes Captives Get New Charges, MIAMI HERALD, Feb. 3,
2007, at A3.
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2007] COMMENCEMENT ADDRESS 7

You have been given, and earned a great opportunity and a great
responsibility. The opportunities for you to do good are unlimited. Never
set your bar, nor your goals too low, never consider them too easy to
achieve. Never take for granted the needs, nor the expectations of those you
serve and represent. People are going to look to you in their time of greatest
need. Like your studies, your fitness, your relationships, your faith, you can
serve them best the better prepared you are. Do not ever underestimate the
importance of your work or how dependent people will be on you.
I think back to my early days of practice; I represented a juvenile,
charged with serious acts of violence against homeless men in Quincy,
Massachusetts. I remember looking at his mother as the members of the
jury returned to render their verdict. She had only a son, nothing else, he
had only her, no one else. Poor and alone, she put all her trust in me: her
sons lawyer. After the verdict, she hugged me, shed tears of relief,
promised she would pay me as soon as she could, but she didnt know that
she already had. I wonder what became of him and his mom, for some
reason I cant remember their names.
Our profession will enrich your life in many different ways. This
morning, I would like to talk to you about our duty and obligation to affect
public policy particularly through public service.

II. PUBLIC SERVICE

Public service can, at times, require personal sacrifice. The rewards of
service, however, far outweigh those sacrifices. Public service also comes
with tremendous responsibility. It is impossible for those of my generation,
or older, especially those from Massachusetts, to not associate the true
meaning of public service with President Kennedy.
President-elect John F. Kennedy addressed the Joint Convention of
the General Court at the State House in Boston, in 1961.5 His remarks talk
about courage, judgment, integrity, and dedication. I just want to quote a
few lines to you, as I think they are as important today. He said, in part, and
I quote, except for my liberty of substituting people for men.
For of those to whom much is given, much is required. And
when at some future date the high court of history sits in
judgment on each one of usrecording whether in our brief span
of service we fulfilled our responsibilities to the stateour
success or failure, in whatever office we may hold, will be
measured by the answers to four questions:

5. See John F. Kennedy, Address to a Joint Convention of the General Court of the
Commonwealth of Massachusetts (Jan. 9, 1961)
(transcript available at the John F. Kennedy Presidential Library and Museum), available at
http://www.jfklibrary.org/Historical+Resources/Archives/Reference+Desk/Speeches/JFK/.
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8 NEW ENGLAND LAW REVIEW [Vol. 42:5

First, were we truly [people] of courage . . . with the courage

to stand up to ones enemiesand the courage to stand up, when
necessary, to ones associatesthe courage to resist public
pressure, as well as private greed?

Secondly, were we truly [people] of judgmentwith perceptive

judgment of the future as well as the pastof our own mistakes
as well as the mistakes of otherswith enough wisdom to know
that we did not know, and enough candor to admit it?

Third, were we truly [people] of integrity[people] who never

ran out on either the principles in which they believed or the
people who believed in them[people] who believed in us
[people] whom neither financial gain nor political ambition
could ever divert from the fulfillment of our sacred trust?

Finally, were we truly [people] of dedicationwith an honor

mortgaged to no single individual or group, and compromised by
no private obligation or aim, but devoted solely to serving the
public good and the national interest.6

III. MY PUBLIC SERVICE

My public service began over a decade and a half ago. I was honored
to serve as a State Representative, and later as the Plymouth County
District Attorney. It was, and continues to be, an honor and a privilege to
have been nominated by President George W. Bush to serve as the U.S.
Attorney for the District of Massachusetts in September 2001, and more
recently, as Acting Director for the Bureau of Alcohol, Tobacco, Firearms
and Explosives. During my tenure as District Attorney, I had the
opportunity to see the impact of violent crime on a community. I saw the
effects of countless violent offenders terrorizing neighborhoods. I
witnessed the effects of violence on schools, families, and children.
I have been moved and forever affected by victims of violent crimes
and their surviving family members. I remember the many victims. I have
been blessed by those relationships. I have been inspired by their courage
and I have been forever affected by the horror of their deaths. I think often
of the lives lost to senseless acts of violence and their names are always
with me: Ruth Masters, Sophie Petrowsky, Angela Lyons, Melissa Gosule,
Derrek Sweeting, and Jose Hernado.7 Sadly these names go on and on, and

6. Id.
7. For discussions of these victims, see John Ellement, Man Guilty in 1977 Murder,
BOSTON GLOBE, Nov. 11, 2003, at B1 (Ruth Masters); John Ellement, Family Settles Suit
Against AAA, Driver, BOSTON GLOBE, Sept. 11, 2003, at B3 (Melissa Gosule); Dave Wedge,
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2007] COMMENCEMENT ADDRESS 9

one particular case will always be with meI think of this case and the
victims often.
This case was the death penalty case against Gary Lee Sampson. Mr.
Sampson murdered three individuals and attempted to murder another
during the summer of 2001.8 But I would rather talk about his victims:
Philip McCloskey, Robert Whitney, and Jonathan Rizzo. They were all
wonderful people at different stages of their lives and they are all still
loved. One of his victims, Jonathan Rizzo, was a young man from my high
school, who had just finished his first year at George Washington
University. He was a wonderful young man, already an inspiration to
others, who embodied our high school valuesas a man for others,
Jonathan thought he was being a good Samaritan.9 He was carjacked by
Mr. Sampson, tied to a tree in the woods, tortured and killed. As District
Attorney, I met with Jonathans parents, assisted in his search and
responded to the scene, and forever changed. Almost immediately, it
became clear to me, more so than ever before, that there are individuals in
society, who are innately violent, without remorse, and who I would
describe as evil.
I can remember having to deliver the news to Jonathans father that
we had found Jonathan and that he was dead. Mr. Rizzo asked me to wait
so he could share the news with his wife, Jonathans mother, Mary. Mr.
Rizzo returned and handed me a blanket, maroon and gold, our high school
blanket, Jonathans mom wanted the blanket close to Jonathan as he laid in
the woods, tied to a tree, to comfort and warm him, just as she had for the
nineteen years of his life. I put the blanket with Jonathan. Jonathan was a
remarkable young man, having met and gotten to know his parents and his
two brothers, I am not surprised; they are a remarkable family.
I have found that the words of Mrs. Rizzo best reflect the pain,
suffering, and loss borne by family members of murder victims. I am going
to share with you part of a statement that Mrs. Rizzo gave to the court after
the verdict of death for Mr. Sampson:
Jonathan was being kind, something he believed in with his heart
and soul. He was only nineteen but he had a compassionate soul
beyond his years. Our love was so strong; I live with every detail

Brockton Nun Finds Man Gunned Down Outside School, BOSTON HERALD, Dec. 2, 1999, at
10 (Derrek Sweeting); Francie Latour, Accused Man Has History of Crime, BOSTON GLOBE,
Aug. 10, 1999, at B1 (Sophie Petrowsky); Rally for Victim, BOSTON GLOBE, Mar. 11, 1996,
at 16 (Angela Lyons); Beverly Ford, Brockton Police Pursue Gang Link in Fatal Weekend
Shooting of Boy, 15, BOSTON HERALD, Feb. 6, 1996, at 10 (Jose Hernado).
8. See United States v. Sampson, 486 F.3d 13, 18-19 (1st Cir. 2007).
9. Bella English, Lets Hear About the Lives that Were Taken, BOSTON GLOBE, Nov.
13, 2005, at 8.
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10 NEW ENGLAND LAW REVIEW [Vol. 42:5

of his death from the minute he left work. Every night when I
close my eyes I am in the woods watching Mr. Sampson torment
and kill my son. I wake up wanting desperately to believe that
Jonathan could feel my love surrounding him. I can feel his
terror and I can see the disappointment in his eyes. Disappointed
that his kindness wasnt enough to stop Mr. Sampsons evil. He
killed my sunshine but he couldnt touch his spirit of goodness
which will live on forever.

We had such a good life. Some people dont know what they
have until its gone. My heart breaks for them as I thank God
that I always have known. (I considered myself blessed with the
most thoughtful and loving boys and my husband Mike who I am
constantly thanking for marrying me twenty-six years ago. Its so
very difficult to pick up all the broken pieces, cruelty is beyond
anything I can understand. I miss Jonathan and even though I
know he is all around us, my heart longs for his physical
presence. Mike and I remain determined to hold onto our values,
we will not let Mr. Sampson destroy our family or our love.) Our
boys were brought up and will continue to be raised with the
belief that gestures of kindness will make the world a better
place. Even in their pain, Nick and Elliot inspire me everyday
with their hopes for the future.

How I loved Jonathan, how I still love him, we enjoyed each

others company, wed laugh, and wed have deep conversations.
I could always read his eyes when he would come in the door.
Id ask about his day and look in his eyes. I could tell by his
beautiful eyes if he was happy, sad or just tiredand wed talk,
we always talked, we always hugged. I hate that Mr. Sampson
was the last person to see my sons eyes. Id like to read a letter
Jonathan wrote to me for Mothers Day before he left for
college. I am fortunate to have so many expressions of love from
my sons. I have held this letter and his picture in my hands
throughout the entire trial. To be honest Mom, I dont really
know what to say, which as you know is a rarity. How can I
possibly put into words how much I love you or everything you
mean to me. Youve always been there for me no matter what,
whether it be waking up early with me in the morning to make
my lunch or staying up late to make sure I was home safe. Ive
always counted on you for everything and youve never let me
down. For that alone, I consider myself the luckiest person in the
world. Ill miss you next year when I go off to college, but you
wont be that far away from me because a piece of you will
always be with me. I love you. Now and Forever, Jonathan.
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2007] COMMENCEMENT ADDRESS 11

Jonathans death, like the others that I have come to know and think
about, calls upon us to create a safer, less violent society. In December of
2003, for the first time in our Commonwealths history, a federal jury
sentenced Mr. Sampson to death.10 As advocates, sometimes we lose sight
of the impact that violence has on surviving victims and victims families.
As you might imagine, this case ignited the public debate on the death
penalty in the state of Massachusetts.11 Public debate on such an important
issue is healthy and necessary regardless of where you stand.
Creating change through public debate, and taking a position, takes
courage and I can think of no greater challenge nor important duty as a
lawyer. Out of such debate arises important change, if not immediately, it
becomes a force for change, such as the Dred Scott case;12 as you know,
Mr. Scott sued for his freedom in 1847, and ten years later his case made it
to the U.S. Supreme Court.13 In what would become one of the Courts
most infamous decisions, it decided that African-Americans could not
become U.S. citizens. Therefore, they could not sue in federal court.14
Chief Justice Taney believed that the decision would put an end to the
conflict over slavery and prevent war. Instead, the decision sparked a fiery
national debate and ultimately influenced the nomination of Abraham
Lincoln to the Republican Party and led to his election as President and to
our Civil War. The rest is history.
One can only imagine the courage it must have taken to advocate at
that time, and take such a controversial position on such a controversial
topic. Yet Mr. Scott and his lawyers never gave uptheir legacy is much
more far reaching than anyone could have imagined. Their perseverance for
one man impacted the future and the greatness of our nation. They, the
lawyers, like our colleagues today who take on unpopular causes and
represent unpopular clients, deserve our admiration.
I know that the prosecutors are often times seen as knights in shining
armor, and they deserve our thanks. But so do those who toil honorably
with little public appreciation, sometimes scorned, for their advocacy on
behalf of those accused of some of the most heinous crimes. I respect,
admire, and thank those of our colleagues who have chosen this path as
their profession. Our system works towards perfection only when talented,

10. Shelley Murphy, Death for Sampson, BOSTON GLOBE, Dec. 12, 2003, at A1.
11. See, e.g., Press Release, Am. Civil Liberties Union, ACLU of Massachusetts Decries
Federal Imposition of Death Penalty Charge in Local Murder Case (Dec. 12, 2003),
available at http://www.aclu.org/capital/general/10427prs20031223.html.
12. Dred Scott v. Sanford, 60 U.S. (19 How.) 393 (1857).
13. Dred Scott, http://www.pbs.org/wgbh/aia/part4/4p2932.html
(last visited Dec. 4, 2007).
14. Dred Scott, 60 U.S. (19 How.) at 454.
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12 NEW ENGLAND LAW REVIEW [Vol. 42:5

dedicated advocates zealously represent both sides of an issue or case.

Like our history, today provides new challenges and new
opportunities for debate. The fight against terrorism has generated
invigorated passion and stretched legal scholars, particularly in the area of
civil liberties and foreign affairs. How different is it really than the
challenges of our forefathers, of Washington, Lincoln, Roosevelt, Kennedy,
who persevered and led our nation through the darkness of revolutions,
civil war, world wars, cold wars, and segregation?
Although the tasks that lie ahead in the fight against terrorism may
seem daunting, Abraham Lincoln put these challenges into perspective
more than a century ago, when he said, The occasion is piled high with
difficulty, and we must rise with the occasion. As our case is new, so must
we think anew and act anew.15
Protecting our citizens from harm, and securing our countrys
interests have long been our nations priority and modern times have
challenged us to an even greater degree, particularly in the field of law.
Intelligence-gathering, surveillance, and information-sharing are all buzz
words that we hear everyday in the law enforcement field.
Somehow, the idea of information-sharing and intelligence-gathering
for combating traditional crimes, such as gun and drug trafficking and
organized crime, is encouraged and in fact, required to get the job done.
However, the same cannot be said by some as it relates to the debate on the
war on terror. Our countrys challenge has always been to effectively
balance and accommodate the need for information and security versus the
preservation of our liberties. We have been able to, and I am confident will
continue to, achieve both. The two must co-exist, and striking the right
balance is where the debate lies. It is the challenge of the contemporary
lawyers and it will be your responsibility to protect both, as our courts
continue to struggle with the issue as well. In a speech to the Association of
the Bar in New York, Justice Breyer of the U.S. Supreme Court said:
Law itself seeks to reconcile each individuals desire to act
without restraint with the communitys need to impose restraint
in order to achieve common objectives. It is not surprising that
Constitutional guarantees often demand a similar balance. They
seek an equilibrium permitting the government to respond to
threats without abandoning democracys commitment to
individual liberty.16

15. Letter from Abraham Lincoln, President, to Congress

(Dec. 1, 1862), http://www.presidency.ucsb.edu/ws/print.php?pid=29503.
16. Stephen G. Breyer, Assoc. Justice, U.S. Supreme Court, Liberty, Security, and the
Courts, Address Before the Association of the Bar of the City of New York: Liberty,
Security, and the Courts (Apr. 14, 2003),
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2007] COMMENCEMENT ADDRESS 13

The expectations of everyday citizens is that our country will do

whatever it can to protect us; whether it is from terrorism, or an
infringement on our rights, and we as a nation, as a government, will do so
while we protect and preserve our constitutional rights and freedoms.

VI. CONCLUSION
As you leave here and embark on your legal careers, take time to look
back and see what you leave behind, that will be your legacy. I encourage
each of you to do everything you can to bring honor to our profession and
to support the next generation of Americans. Instill the importance of
serving this great country, in every capacity, whether local, state, federal,
or even through volunteer work. I believe that there is no greater sense of
fulfillment than to serve our nation.
President Bush said it best during a speech in Bridgeport,
Connecticut, when he told a group of students and faculty, You can help a
programdevise a program to feed the homeless, help put a program
together that goes into some of the pockets of despair in America and
spread love, one person at a time. Thats what you can do to help.17
As we recognize each of you here today through the tradition and
ceremony of graduation, I know that you are also thinking of those who
helped get you to this point in your legal careeryour professors, your
mentors, your family, and your friends. Those relationships you developed
will have an impact on your future. I recently persuaded Natashia Tidwell
to join the U.S. Attorneys Office. You may be happy to know she is a New
England School of Law graduate and member of the schools Board of
Trustees. I think it is important to note that she also graduated number one
in her class!
One of her mentors as a law student was one of this schools most
devoted and beloved alumnus, and friend of mine, Judge James R. Lawton.
Judge Lawtons lifelong commitment to public service is impressive, and
exceeds the high standards set by President Kennedy over forty years ago,
to say the least. It began during his service in World War II, and continued
until his death just this year. His commitment to this institution is
immeasurablehe was dedicated to the cause of getting the New England
School of Law accredited, a cause that spanned three decades. The law
school gained American Bar Association accreditation in the late 1960s and
Association of American Law School membership in 1998. Just as
important as his professional contributions, was his innate ability to affect

available at http://www.supremecourtus.gov/publicinfo/speeches/sp_04-15-03.html.
17. George W. Bush, President of the U.S., Remarks on the Proposed Citizen Service
Act, Address at the Klein Auditorium in Bridgeport, Conn. (Apr. 9, 2002), available at
http://findarticles.com/p/articles/mi_m2889/is_15_38/ai_86629287.
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14 NEW ENGLAND LAW REVIEW [Vol. 42:5

the lives of everyone he met, particularly his students and faculty here at
the school.
As I listened to Natashia Tidwell speak about her own admiration
and respect for Judge Lawton, Dean OBrien and this school, it was
obvious to me that their guidance and commitment to public service, in
some way, supported Natashias own commitment to servicefirst as a
Cambridge Police Officer, then as an intern at the U.S. Attorneys Office,
and the state Attorney Generals Office, and now as a trial attorney at the
Department of Justice. Just as Natashias future holds great promise, thanks
to her hard work, her love for the law, and thanks to the foundation laid
here at New England School of Law, each of you should also leave today
with the same confidence and promise of what is yet to come.
I am confident that New England School of Laws past, its present,
and its future will continue to foster the greatness that we have come to
expect from the most powerful and generous nation in the world. There is
both a need and an opportunity for you to serve our profession and our
greater community. There are many noteworthy stories of those that have
spent their lives in service to others. As the great Martin Luther King, Jr.
once said, Everybody can be great . . . because anybody can serve. You
dont have to have a college degree to serve. You dont have to make your
subject and verb agree to serve. You only need a heart full of grace. A soul
generated by love.18
Choose and travel a path that honors you and your profession. When
you look over your shoulder at your career, be able to say humbly that you
have done good on behalf of others, and that others will remember you as
honorable, passionate, and unafraid. Today, we celebrate your
accomplishments and we see great promise in your contribution to our
profession and to our success.
As we begin this, our Memorial Day weekend, as we honor and
congratulate you, it is also fitting that we honor our veterans, who have
died in the pursuit and protection of our and others freedom. We pray for
the safety of our men and women in Iraq, Afghanistan and throughout the
world who are protecting innocence and assisting fledgling governments to
succeed, as they tirelessly protect us and our country from terrorists here
and abroad.
Thank you for inviting me here today, congratulations, good luck with
your future endeavors, and Godspeed.

18. Dr. Martin Luther King, Jr., Speech Delivered at Ebenezer Baptist Church, Atlanta,
Ga.: The Drum Major Instinct, (Feb. 4, 1968),
available at http://www.blackwebportal.com/wire/DA.cfm?ArticleID=513.