Guilty Plea for Death Threats to Synagogue Related to Israeli-Palestinian Conflict

From a press release by the federal prosecutor's office in Massachusetts, released Nov. 25 but just posted on Westlaw:

A Millis, Mass. man pleaded guilty today in federal court in Boston to threatening to kill members of the Jewish community and bomb Jewish synagogues….

On the morning of Jan. 25, 2024, Reardon called a synagogue in Attleboro, Mass. and left a voicemail that included threats of violence.

Within 10 minutes of leaving the voicemail at the Congregation Agudas Achim, Reardon called another local Synagogue in Sharon, Mass. and left a voicemail that included threats of violence.

Reardon was arrested by law enforcement after the calls were made. Following his arrest, investigators learned that Reardon had called the Israeli Consulate in Boston 98 times between Oct. 7, 2023 and Jan. 29, 2024. In many of those calls, Reardon made harassing and intimidating statements.

The guilty plea is to three counts, which cover threats to the two synagogues and acting "with the intent to harass and intimidate" and cause substantial emotional distress to Israeli Consulate employees. The press release doesn't discuss the details of plaintiff's threats of violence, but here is what an FBI agent's affidavit in support of the criminal complaint says as to the statements to Synagogue 1:

During the course of the approximately two-minute message, the caller
stated:
a. "From the river to the sea;"
b. "you do realize that by supporting genocide that means it's ok for people to
commit genocide against you.'
c. "with supporting the killing of innocent little children, that means it's OK to kill
your children"
d. "people are going to use your logic against you stupid fucks"
e. "Guess what? We are going to use your logic if you can kill the Palestinians we
can kill you."
f. "if you can bomb their fucking places of worship we can bomb yours, if you can
kill their children we can kill yours"
g. "you people need to stop the fucking genocide"
h. "end the genocide, or it is time to end Israel and all the Jews"
i. "I supported Jewish people though. Not anymore. A matter of fact I think we
should kill you(s) all."
j. "have a lousy day and oh don't be surprised if there's pig blood on your steps
tomorrow"

As to Synagogue 2, the count of the superseding information to which Reardon pleaded guilty alleges that he "left a voicemail threatening the 'killing of all Jews' and 'stomping their babies dead into the ground.'" I couldn't find details as to just what "harassing and intimidating statements" Reardon said to the people at the Consulate.

Comments

[John F. Carr]

SJP members could be locked up en masse based on this standard of liability. The statute of limitations is long enough that Trump could try.

[Dr. Ed 2]

I'm wondering if he was drunk or something.

"in 2022, REARDON was investigated for leaving a threatening voicemail at a school for K-12 students in Framingham, Massachusetts. He was also charged for making violent threats to employees at a local bank in 2020"

OK, he's gotten caught TWICE over the past four years and he STILL uses a cell phone that has his name on the caller ID? And I'd love to know what the call to the Attleboro PD was about -- but he gave them his number too. He can't even dial *67?

Cops often aren't overly bright, but they are not THAT stupid, and they have computers. So the first thing they are going to do is check to see if they have the number the call came from and -- ding ding -- they know whose phone it is.

I'm not justifying what he did, but I'm thinking Mens Rea here, as in a lack of. And what does that mean here, legally? What if he is diagnosed as crazy already?

What do you do, what CAN you do? And is that what they are doing here?

[Dr. Ed 2]

Addendum -- I notice that sentencing is scheduled for next August, more than 8 months after the plea.

If this were a state case, I'd suspect that there was a related deal of six months of inpatient mental health and then we will consider dropping to a fine he has the ability to pay (which I suspect isn't much). Can the Feds do that if they want to?

[John F. Carr]

In felony cases federal practice does not favor a conviction that goes away in six months if the defendant behaves. A non-prosecution agreement like the one Boeing got is used instead. If defendant behaves and gets therapy, we promise not to prosecute.

[John F. Carr]

I know a lawyer who has a lot of clients with poor impulse control. They are not insane in the legal sense.

Quoting the Massachusetts model jury instructions:

A mental disease or defect need not fit into a formal medical diagnosis. It is a legal term, not a medical term. It does not, however, include an abnormality that presents itself only by repeated criminal or otherwise antisocial behavior.
[...]
Alternatively, if the Commonwealth proved beyond a reasonable
doubt that, even if the defendant did suffer from a mental disease or defect at the time of the alleged offense, the defendant nonetheless retained the substantial capacity to appreciate the wrongfulness or criminality of their conduct and to conform their conduct to the requirements of the law, the Commonwealth has satisfied its burden of proving the defendant was criminally responsible.

Under state law a defendant must produce some evidence of insanity. Then the burden shifts to the prosecution to prove sanity.

The federal insanity defense, which applies to federal prosecutions like this one, is much tougher on defendants.

[Dr. Ed 2]

One of the things I have encountered in student affairs is "blackout drunk" -- a student so intoxicated that he *honestly* has no memory of having done what he did. And I've had medical people tell me that the kid is not BSing me, that this actually is real.

And then there is also Ambien, which people started taking seriously when an anti-OUI DA got caught drunk driving.

"The law is an ass" -- I know -- but what about Mens Rea in situations like this.

It's like the SPED kid with a low IQ whom they nailed in a sting buying game boy tickets to fund Isis. Right...

[John F. Carr]

Voluntary intoxication does not excuse a crime. It may be a partial defense when specific intent needs to be proved. The example I've heard is the drunk might not be thinking clearly enough to be convicted of premeditated murder.

If I were in the jury pool I might tell the judge, "I wouldn't convict somebody for (crime) when he was so drunk he didn't know what he was doing." The judge would find another juror.

[Frank Drackman]

You needed medical professionals to tell you blackout drunk was a thing?

[Commenter_XY]

John F Carr...A recommended sentence of 2.5 years, with 3 years probation. With a fine. And likely deportation. It is a harsh sentence. Are plea agreements normally this detailed in MA?

[Dr. Ed 2]

He looks like he is homegrown.
See: https://nypost.com/2024/11/26/us-news/massachusetts-man-pleads-guilty-to-threatening-to-kill-jewish-children-bomb-synagogues/

2 1/2 years seems steep when you compare it to the perp who ran up with a knife and started punching Jewish kids at a UM Hillel event last fall. Of course those were state charges, but I doubt he even went to jail.

And of the two, I do consider physically assaulting people worse.

[John F. Carr]

It's a federal case. In effect, the Department of Justice has a standard form for plea agreements and it is adapted to each case.

[Krayt]

"I supported Jewish people though. Not anymore. A matter of fact I think we should kill you(s) all."

Someone made this up. I am assured disinterested concern for unethical behavior of Israel, as with any other nation, will not open that historical can of worms.

[MatthewSlyfield]

"I am assured disinterested concern for unethical behavior of Israel"
If your claims of unethical behavior by Israel are based on standards to which no other nation has been held, we deny your claims that your concerns are "disinterested".

[Malika the Maiz]

How about us judging any country’s behavior in proportion to how much diplomatic and economic/military support we give them (or judging that support)?

[Commenter_XY]

How about we just use one standard, and judge by that standard.

[Malika the Maiz]

My suggestion does that.

[Commenter_XY]

Your standard is logically incoherent.

[Malika the Maiz]

To subject those you financially support to heightened scrutiny when evaluating whether to keep supporting is logically incoherent?

[Gasman]

The statements within the affidavit appear just as Professor Volokh posted.
What puzzles me is that the entire transcript of the two minute rant could have been posted within the FBI affidavit just as easily as the extracted sentences and sentence fragments.

We should presume that the agent, in working for the government's case, has decontextualized these fragments for the purpose of bolstering the case and negative impact against the defendant.

The truth, and whole truth, is the entire recording. Why would the court not send this agent back to provide the whole truth, that which is customarily sworn before testimony in court?

[Noscitur a sociis]

Because the judicial officer is required to accept the complaint and issue an arrest warrant if the complaint establishes probable cause, which this one clearly does.

[David Nieporent]

Do you understand the purpose of an affidavit?

[Dr. Ed 2]

"REARDON did use a cell phone, an instrument of interstate commerce"

How does a cell phone become an instrument of interstate commerce?!?

He called a Massachusetts tower and the call was routed WITHIN MASSACHUSETTS to the synagogue.

I also noted the FBI guy mentioning that Google does not have any data centers in Massachusetts -- so what? The perp looked up their phone number on Google -- THAT'S interstate commerce?

I'm not defending this creep -- and I could see using how some of the congregation is coming from Rhode Island (it's that close) but otherwise, I don't see how this is interstate commerce.

[MatthewSlyfield]

"I don't see how this is interstate commerce."

Because the US courts have stretched the commerce clause to the point that everything (even refraining from commerce) is interstate commerce.

[Frank Drackman]

I'm sure I'm not the only "Conspirator" who remembers Jeff Reardon, MLB Pitcher for the Mets, Expos(remember them), Twins, Red Sox, Braves. Reds. Yankees, from, 79-94,
and now "The Rest of the Story" (HT P Harvey)

On December 26, 2005, Reardon was taken into custody in the parking area and charged by the Palm Beach Gardens, Florida Police Department for allegedly committing armed robbery at a Hamilton Jewelers store inside The Gardens Mall. Reardon attributed his actions to the influence of the medications which he had been taking since his son died in 2004. Soon after the episode at the mall and his release from an overnight stay in jail, Reardon returned to a psychiatric facility, and was an inpatient for nearly two months. At that time, his doctors drastically reduced his medications and began to administer electroshock treatments. However, Reardon still had to stand trial.

Reardon was found not guilty of the charges by reason of drug-induced insanity. The judge ruled because Reardon had been taking anti-depressants and mood stabilizers, and he was distraught over his son's death, there was no reasonable explanation for the robbery. In addition, Reardon was not required to be committed after the ruling.

After the death of their son, the Reardons established a foundation in Shane's name dedicated to helping those struggling with addiction.