This is a rush transcript from "Hannity," January 15, 2010. This copy may not be in its final form and may be updated.
SEAN HANNITY, HOST: So with the race in Massachusetts just days away Republican Scott Brown now leading Democrat Martha Coakley in the polls. The Coakley campaign is scrambling to regain its footing. But with details of Coakley's controversial record as D.A. coming to light, well, that could prove a difficult task.
Now one case in particular is now getting national attention and is raising serious questions about Coakley's judgment. Now the case involves a Summerville, Massachusetts, police officer named Keith Winfield, who in 2005 was accused of a horrific crime a small child.
Now believe me, details of this case are even difficult to talk about.
Now prosecutors alleged that while babysitting his 23-month-old niece, that Winfield sexually assaulted her with a hot object, likely a curling iron. Now the child suffered massive injuries and was hospitalized for a month.
But following this unthinkable crime against a defenseless child the Boston Globe reports that a grand jury overseen by D.A. Coakley declined to charge Winfield. Now the outrageous handling of the case by Coakley's grand jury prompted the child's mother to file criminal complaints against Winfield.
Then and only then was Coakley able to secure grand jury indictments to charge him with assault and battery. But Coakley's questionable judgment didn't end there. It turns out that in the end her office recommended that Winfield actually be released without posting bail.
Now in response to this outrageous miscarriage of justice the girl's family hired an attorney, Larry Frisoli to represent them and to help put the child's rapist behind bars. Now Frisoli also had his own theory on why Coakley declined to pursue the original investigation.
He alleged that it had to do with Winfield's political connections namely his father's work as a powerful union rep who may have had ties to Coakley's political campaign. Now Frisoli was so outraged by Coakley's behavior he ran against her in 2006 for attorney general. He lost that race and sadly passed away in 2008.
And in 2007 justice was finally served, Coakley's successor won a conviction against Winfield that put him behind bars for two life sentences.
And joining me with more on this unbelievable story is Larry's brother, Frank Frisoli.
Frank, thanks for being with us. And I'm sorry about the passing of your brother.
FRANK FRISOLI, BROTHER OF LARRY FRISOLI WHO RAN AGAINST COAKLEY FOR MASSACHUSETTS AG: Thank you.
HANNITY: All right. Why don't you — I want people to understand, because your brother actually was motivated to run because of this case. Now can you explain a little bit more detail, with more specificity exactly what this case is about?
FRISOLI: Sure. When the event occurred in — I think it was October 13th, 2005, shortly thereafter the family — we had known the family for years. The family contacted my office and my brother agreed to represent the mother.
And within probably a month of the initial assault, within a few days, I think the Department of Social Services report came out October 17th, like four days after the event had occurred. And it recommended criminal prosecution.
I know my brother Larry was involved at that point. And he put together a package that he presented to Coakley's office. And they had that package in mid November of 2005. Within approximately a month of the event.
He got frustrated by the response of Coakley's office in failing to do anything. And on January 12th, 2006, he sent a letter to Coakley's office and said, you're not prosecuting him, you're not doing anything. We're going to start the process. We're going to file for a criminal complaint.
I'm going to take the mother to the local district court and file an application for complaint. And that was met with an immediate response from Coakley's office of, don't do that, you're interfering with our process, we're going to convene a grand jury and we expect him to be indicted.
HANNITY: Yes, but —
FRISOLI: So my brother immediately.
HANNITY: Yes, go ahead, sir.
FRISOLI: So my brother immediately responded by advising them. You know, he was a former district attorney down in Norfolk County. That's how his career started. He immediately advised them he wouldn't interfere in the process and would wait.
And as the process dragged on in April, he then decided he'd run against her because it appeared she was doing nothing.
A grand jury was ultimately convened in May and I know that my brother had had regular communications with the office. The family was frustrated nothing had been done about this horrific event.
In May, a grand jury was convened. What I just learned now for the first time is that when that grand jury was convened evidence was presented and Coakley's office instructed the grand jury that they didn't want an indictment returned. They wanted to go get additional information and they then dismissed the grand jury.
FRISOLI: That isn't what was told to us. What was told to my office, by Coakley's office, was that the grand jury failed to indict. And my brother then engaged in a number of discussions about the information presented to the grand jury of critical importance, it seemed to us, was in the medical records, the medical professionals, nurses and doctors made repeated notes as to the child's reaction when she was being examined.
She was blaming the uncle for doing this. She kept saying uncle hurt me. You know, no uncle. That sort of thing. And what my brother heard out of Coakley's office is, these are statements of a 2-year-old child, they are unreliable, we're not going to present them to the grand jury.
HANNITY: But —
FRISOLI: My brother as a former district attorney thought that was outrageous.
HANNITY: Well, it's outrageous because the girl was in the hospital for a month. So this guy Winfield throughout this entire period of time, while they're waiting, a child rapist, who in the end ended up getting two life sentences, this guy is out and about and then Coakley decides that at one point she was even with the evidence in play going to let this guy out without any bail.
When did that happen?
FRISOLI: Well, that happened when he was subsequently indicted. But let me just back up one half step. What happened after the May grand jury is that my brother then brought the mother in the local district court and filed the application he had said he was going to file some six months before.
And in the course of that process, he presented the same package to the clerk and asked for probable cause hearing and was instructed, why didn't you bring this to Coakley's office? This is where that belongs.
And his response was she doesn't want to do anything. He was made to wait about an hour while the court's on the phone and they said we'll give you a day. The normal process is when you file an application for criminal complaint, you get a date in 5 to 7 days.
His date was a month later. The day before — the hearing date was August 1, the day before that the district attorney advised that the grand jury had been convened, they expected an indictment to issue and on that basis the application for criminal complaint was withdrawn. The grand jury did indict.
So it's been opposition from the onset. That this indictment wasn't going to happen, but for my brother forcing the issue.
FRISOLI: If he hadn't filed the criminal complaint they'd still be looking at this.
FRISOLI: What I found outrageous is that Miss Coakley defended this by saying first they had 9,000 cases at the time, it takes time, and they had to get additional information for the second grand jury.
Well, the additional information was purportedly just this guy's telephone records.
FRISOLI: . and employment history and things that were available before and I don't see as especially critical to indicting him.
HANNITY: All right. Frank, it's an unbelievable story and horrible judgment. I'm sorry about your brother. Thank you for sharing this on the eve of a very important election, we appreciate it.
FRISOLI: You're welcome.
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