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Dershowitz Challenges Nominee

Accuses Candidate for Judgeship of Religious and Ethnic Bias

By Yin Y. Nawaday

Professor of Law Alan M. Dershowitz said yesterday he plans to appear before the Governor's Council today to raise questions about what he termed "religious and ethnic" bias on the part of a state judicial nominee.

Dershowitz, a high-profile defense attorney and civil libertarian, said in a letter he would ask the council to question nominee Paul Mahoney--now the chief aide to Senate President William M. Bulger--under oath about alleged comments concerning Boston attorney Harvey Silverglate.

The letter claims that Mahoney--who was nominated by Gov. Michael S. Dukakis--showed an ethnic bias against Silverglate, who represented land developer Harold Brown in an investigation of alleged improprieties over a project at 75 State St..

Dershowitz said that at the height of the State Street controversy, Mahoney asked an unnamed Boston Globe reporter of Irish descent why he would believe "a man with a name like Silverglate instead of men with names like Bulger or Mahoney."

Spreading Rumors?

In his letter, Dershowitz also asserted that Mahoney intentionally spread false rumors about Silverglate in an effort to undermine his case.

Dershowitz said yesterday that he had not accused Mahoney of anti-Semitism, but that he simply wants Mahoney either to admit or to deny the charge of bias.

"My only point is that he should be asked about these charges," Dershowitz said.

When asked what he planned to do if Mahoney denies the charges, Dershowitz said he would ask federal officials to begin a perjury investigation.

"I'm convinced he committed them," said Dershowitz.

Dershowitz said he had confirmed the story with the reporter, whose name he declined to reveal. He also dismissed published comments by Steven Rosenfeld, Dukakis' chief of staff, labelling his reliance on an anonymous source as "shameful."

"I think the only shameful thing is... Steven Rosenfeld has declined to even ask questions," Dershowitz said.

A spokesperson for The Boston Globe declined comment yesterday. Dukakis' office did not return phone calls.

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