Federal brokers arrested a former MBTA police sergeant Thursday morning for allegedly falsifying police reviews to cowl for an additional officer who pleaded responsible to assaulting a person in July 2018.
The case towards David Finnerty, 47, of Rutland, pitted prime brass at transit police towards Suffolk County District Attorney Kevin Hayden, whose workplace was prosecuting Finnerty earlier than dropping the fees final fall.
Federal prosecutors indicted Finnerty on two counts of submitting false reviews. He appeared at Federal courtroom in Boston Thursday morning for an preliminary look the place he pleaded not responsible.
“Our office holds the men and women who wear police uniforms and serve our communities in the highest regard. Instances of police misconduct are rare, but they need to be investigated and prosecuted when they do happen, especially when supervisors are involved as alleged here,” mentioned Acting U.S . Attorney for Massachusetts Joshua Levy in saying the fees.
An arrest warrant was signed Wednesday by Magistrate Judge Paul Levenson. Finnerty is represented by Attorney Bradford Bailey.
Bailey, talking to the after Thursday morning’s courtroom proceedings, mentioned Finnerty had already been cleared of the fees the FBI arrested him for.
“He has already been cleared and exonerated, in my opinion, on the same core allegations in Suffolk Superior,” Bailey mentioned, including that he had each confidence that finally when the reality comes out “we will have the same outcome here.”
FBI Boston Special Agent in Charge Jodi Cohen mentioned Finnerty violated his oath by submitting false reviews.
“We believe Sgt. Finnerty not only failed to lead by example, but betrayed the trust placed in him by his fellow officers, and the public, Cohen said in a statement. “Make no mistake, the FBI will do everything we can to help our law enforcement partners bring to justice anyone who violates their oath by trying to cover up civil rights violations, overshadowing the majority of officers who are dedicated, honest, and fully committed to enforcing our laws and building trust within their communities.”
Prosecutors mentioned Finnerty was the transit police officer in cost and the supervisor of Officer Dorston Bartlett when Bartlett bodily assaulted Anthony Watson on the Ashmont MBTA Station on July 27, 2018.
Bartlett pleaded responsible and was sentenced to probation associated to fees stemming from the assault in Suffolk County Superior Court final 12 months.
Finnerty is accused of falsifying an arrest report and a shift briefing concerning Bartlett’s alleged assault of Watson “specifically, by including false and misleading statements and by omitting material information,” prosecutors mentioned.
In courtroom paperwork from a separate federal case towards Bartlett, prosecutors mentioned the officer “unlawfully used force against” Watson.
“When Mr. Watson tried to report Officer Bartlett’s alleged assault, Officer Bartlett arrested Mr. Watson and assaulted him again,” courtroom paperwork mentioned.
On the day of the alleged assault, protection attorneys mentioned Watson, who was homeless on the time, fell asleep on a Red Line practice after consuming alcohol. After MBTA workers unsuccessfully tried to wake Watson when the practice pulled into Ashmont Station, Bartlett responded, courtroom paperwork mentioned.
Bartlett woke Watson and “gripped Mr. Watson’s right arm with his left hand. Mr. Watson protested,” courtroom paperwork mentioned. Bartlett then held his “fully extended metal baton in his right hand” as Watson walked at a slower tempo, courtroom paperwork mentioned.
“Suddenly Officer Bartlett pushed Mr. Watson and held him against a pillar. Mr. Watson dropped his backpack,” protection attorneys wrote. “Officer Bartlett raised his metal baton, cocked his arm back, and swung the baton at Mr. Watson, hitting him in the shin/ankle area. Then Officer Bartlett struck Mr. Watson with the baton two more times.”
The occasions had been recorded by MBTA surveillance cameras, courtroom paperwork mentioned.
Watson requested a passerby to name 911 on his behalf to report the alleged assault, courtroom paperwork mentioned. A radio name went out to native Boston police to assist, which Bartlett heard, in line with courtroom paperwork.
“He turned his car around and drove back towards the station. He falsely told the Boston officers that he had been looking for Mr. Watson to arrest him because Mr. Watson had assaulted him on the train,” courtroom paperwork mentioned.
Bartlett took custody of Watson, who was handcuffed and dropped at a transit police station, courtroom paperwork mentioned.
“In front of several other transit police officers, Officer Bartlett assaulted Mr. Watson again,” courtroom paperwork mentioned.
Finnerty and Sergeant Kenny Orcel are then accused of ignoring Watson’s statements and aiding Bartlett in “drafting a false police report to justify Officer Bartlett’s actions.”
“Had Sergeants Finnerty and Orcel behaved properly, Mr. Watson would have been released from custody,” courtroom paperwork mentioned. “Instead, Mr. Watson was placed in cell at the TPD station. He remained in the cell for 7 hours. While in the cell, Mr. Watson experienced emotional anguish and physical pain from the assaults. He also had gastric distress, for which he takes medicine. The TPD officers failed to provide him with his medication or take any steps to help him.”
Source: www.bostonherald.com”