Judge refuses to clarify probation provision that bars former fugitive from 'profiting'

MASSACHUSETTS — On October 29 a state court judge denied former fugitive Katherine Power’s request for clarification of a condition of her probation that prohibits her from receiving “profit or benefit” from telling her story. Power, a fugitive for 23 years, was wanted for her role a 1970 bank robbery in which a Boston police officer was killed. She surrendered to authorities in September.

Without issuing and opinion, Judge Robert Banks of the Suffolk Superior Court in Boston denied the motion that sought to clarify the terms of her probation. Power’s attorney, Rikki Klieman, filed the motion October 25, after Power’s probation officer said that in his opinion “the defendant may only speak to her attorney or therapist about the crimes and her fugitive status. The probation officer further advised counsel that any communication made by the defendant to the media would constitute a ‘benefit’ to her, even if she were not to receive any money or other thing of tangible value whatsoever.”

According to Klieman, several news organizations, including the syndicated “American Journal” would like to interview Power without paying her. Klieman is not sure whether this would constitute a violation of Power’s probation, for which she could be sentenced to life in prison.

In addition to 20 years of probation, Power must also serve at least five years and four months of an 8-to-12 year prison term.

(Commonwealth of Massachusetts v. Katherine Power; Counsel: Rikki Klieman, Boston)