Police union seeks probe of `relentless' pursuit By Michele McPhee
Wednesday, October 5, 2005 - Updated: 01:52 AM EST
The Boston Police Patrolman's Association plans to ask the Justice Department's Office of Professional Responsibility to investigate the actions of a federal prosecutor who ``relentlessly pursued'' criminal charges against BPD officer Ken Conley, several union sources told the Herald.
As Conley returned to work yesterday, attending his first roll call at District 4 in the South End in nearly a decade, the union prepared a letter demanding an investigation into the actions of assistant U.S. Attorney Theodore Merritt.
The BPPA plans to use an FBI memorandum that includes statements from a prosecution witness, disgraced cop Richard Walker, who admitted he lied about the Jan. 25, 1995, incident in which another officer, Michael Cox, was beaten by cops after being mistaken for a shooting suspect.
The feds' perjury case against Conley was based in part on Walker's testimony about the events of that night.
But Walker has since said he might have to be hypnotized to accurately recall what really happened.
Merritt denied knowing about that FBI memo in a brief about the case, but the special agent Kim McAllister wrote that he had been notified.
Walker later testified that Merritt was present at the FBI interview – which took place two months before Conley was charged with obstruction of justice.
In August a federal appeals court upheld a lower court's ruling that prosecutors withheld the information about Walker – a key government witness – from Conley's defense team.
BPPA President Tom Nee declined comment on asking for the investigation, but several union officials said a letter is being drafted and will be sent to the DOJ.
``There are some serious questions about Merritt's behavior that need to be answered,'' said one senior union official. ``He relentlessly prosecuted Kenny without any regard for the truth.''
Merritt has prosecuted other Boston Police officers.
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