By Matthew Bruun TELEGRAM & GAZETTE STAFF FITCHBURG— Jury selection is set to start today in Boston in the case of a Department of Correction employee who said Fitchburg police violated his civil rights, assaulted him and falsely imprisoned him in 2004.
The lawyer representing the police denied the man’s accusations and said police acted within their powers when making the arrest.
“We are anxious for the jury to hear the facts and are confident the police will be exonerated,” defense lawyer Leonard H. Kesten of the Boston law firm Brody, Hardoon, Perkins & Kesten said Friday.
The lawsuit, brought by Andrew Chase of Romney, N.H., names retired Sgt. John G. O’Leary, Officer Perry N. Pappas and Sgt. Glenn C. Fossa as defendants. All three are among the witnesses expected to testify this week, Mr. Kesten said.
Mr. Chase, 45, is being represented by Scott A. Lathrop of Groton.
Mr. Chase, a recreation officer at the Gardner State Prison, was arrested by police during a raid at 15 Morris St. on March 2, 2004. He was off-duty at the time and said in his complaint that he had gone to the residence looking for a friend he had dropped off there a few days earlier.
Minutes after his arrival, he said, police entered the place and found him seated on a bed with a woman.
“Fitchburg police officers came into the room with guns pointed and told Chase to get on the floor,” the lawsuit says, adding that police found Mr. Chase’s Department of Correction cap and insulted him.
“During the interrogation, O’Leary became enraged and tried to choke Chase,” the suit alleges.
In his police report, Sgt. O’Leary wrote that Mr. Chase admitted he was doing cocaine, but Mr. Chase made no such statement, the suit alleges.
Officer Pappas wrote that two men and one woman were in a bedroom in the apartment along with a plate that had what appeared to be cocaine on it. There was no such plate in the room where Mr. Chase was found, the lawsuit says, accusing Officer Pappas of making a false and defamatory statement.
Newspaper accounts on March 4, 2004, described Mr. Chase’s arrest on charges of drug possession. An account in the Sentinel & Enterprise quoted Sgt. Fossa, the department’s public information officer, as saying police “found what was characterized as a $40 bag of cocaine.”
The suit alleges Sgt. Fossa’s statement was false and defamatory.
Mr. Chase went to Heywood Hospital in Gardner for a voluntary drug test on March 5, 2004. The results were negative, according to the lawsuit. The plate submitted by Fitchburg police to the state Department of Public Health also tested negative for residue of narcotics or illegal drugs, the lawsuit continues.
Mr. Chase was found not guilty of cocaine possession on Oct. 28, 2004, in Fitchburg District Court.
Mr. Kesten said police will testify that the arrests occurred in a known drug house and that officers saw white powder and a burnt spoon at the scene.
“There was ample reason to believe there were drugs,” Mr. Kesten said. “It is undisputed police turned in to evidence two plates with white powder and a burnt spoon.”
Mr. Chase was fired from the Department of Correction in July 2004 but appealed his termination to an arbitrator. In July 2006, the arbitrator ruled the department did not have cause to discharge Mr. Chase and ordered him reinstated with back pay. Mr. Chase still works at the Gardner State Prison, Mr. Lathrop said last week.
The suit argues the defendants violated state and federal civil rights acts and committed assault and battery, false imprisonment and intentional infliction of emotional distress. It also alleges the city failed to properly hire, train or discipline officers regarding use of force.
The lawsuit is being heard at the John Joseph Moakley U.S. Courthouse in Boston. Lawyers said the trial is expected to last about a week.
ma police, boston ma police, massachusetts police, massachusetts police, mass state police, mass police, ma, mass, massachusetts, massachusetts, massachutes, massachusetts law, massachusetts polece, police, officer, police officer, cops, police gear, law enforcement, police duty gear, state police, sheriff, law, police supply, police agency directory, police agency, police department, traffic officer, police dept, state trooper, dispatcher, massachusetts county sheriff, massachusetts sheriff, massachusetts department of corrections, ma doc, doc, dept of corrections, police information, civil service, ma civil service, massachusetts crime, police training, police academy, ma police academy, massachusetts officers, masscop, masscops, mpa, bpa, ibpoa, police association, massachusetts police news, massachusetts crime news, mass most wanted, police career information, police patrol, police administration, police books, crime scene training, police discussion, crime discussions, cops
About MassCops, the home for Massachusetts law enforcement.
The Massachusetts Law Enforcement Network opened in 1998 and is now a part of the New England Police Network The site is a pro-police discussion forum intended for sworn police officers and civilian law enforcement officials as well as those interested in pursuing a career in law enforcement here in Massachusetts.
The goal of The Massachusetts Law Enforcement Network is to provide an informal network of law enforcement officials here in Massachusetts for educational and informational purposes.
The forum covers many topics such as Police Related News Articles, Agency & Profession Discussions, Police Training as well as Law Enforcement Career Information.
The Massachusetts Law Enforcement Network and The New England Police Network (NEPN) and it's network sites are privately owned websites/domains and are not affiliated with or endorsed by any government association or agency.
MassCops (masscops.com) and (masscop.com) are privately owned are not affiliated with or endorsed by the Massachusetts Coalition of Police (masscop.org)
ma police, boston ma police, massachusetts police, massachusetts police, mass state police, mass police, ma, mass, massachusetts, massachusetts, massachutes, massachusetts law, massachusetts polece, police, officer, police officer, cops, police gear, law enforcement, police duty gear, state police, sheriff, law, police supply, police agency directory, police agency, police department, traffic officer, police dept, state trooper, dispatcher, massachusetts county sheriff, massachusetts sheriff, massachusetts department of corrections, ma doc, doc, dept of corrections, police information, civil service, ma civil service, massachusetts crime, police training, police academy, ma police academy, massachusetts officers, masscop, masscops, mpa, bpa, ibpoa, police association, massachusetts police news, massachusetts crime news, mass most wanted, police career information, police patrol, police administration, police books, crime scene training, police discussion, crime discussions, cops