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Billerica police sued over 'harassment'
By MATT MURPHY, Sun Staff
BILLERICA A Leicester Street couple has filed a federal civil lawsuit against the town of Billerica and 28 police officers alleging systematic harassment by the police force that violated their civil rights.
Michelle and Brian Kennedy claim the Billerica Police Department has engaged in a 13-year "conspiratorial campaign" to harass, falsely arrest, threaten and assault them and their family after Michelle Kennedy spurned the romantic advances of an officer.
Billerica Police Chief Daniel Rosa said he has not seen or been served yet with the lawsuit, but did read a notice of intent from the Kennedy's lawyers several years ago that most likely outlined many of the same claims.
He said because it concerned pending litigation, he could not comment further but explained the case would probably be handed to the town's liability insurance company and its legal team for representation.
The Kennedys, who live in the mobile home park near the Tewksbury border, have a criminal history in town including several assault charges, some of which were dismissed. Brian Kennedy spent 83 days in the House of Correction in Billerica in 1998 for assault, but the lawsuit states they were set up by police in many cases .
Though they could not officially comment, several police officers with knowledge of the case history rebutted the claims in the lawsuit and said the truth would come out in court.
The Kennedy's name the town, Chief Rosa, and former chiefs John Barretto, Paul Matthews and Robert Lee individually and in their official capacities for allegedly covering up or ignoring the actions of their officers and complaints filed by the family. Another 24 officers, most of whom are still on the force, and several unnamed officers are also cited.
According to the lawsuit, filed on Nov. 5 at the U.S. District Court in Boston, the harassment began in the summer of 1991 when an officer, so enraged after being rejected by Kennedy, pulled her husband over in a car and warned him to "keep a leash on your wife and watch your back."
The 44-page suit goes on to document alleged instances of police following and assaulting the Kennedys, arresting them on fabricated charges, intimidating witnesses to testify against them, and threatening to kill Michelle Kennedy. Included among the allegations are suggestions that the spurned officer torched Brian Kennedy's pick up truck in his driveway and offered to pay a woman $500 to beat Michelle Kennedy so severely that she be hospitalized.
The Kennedy's attorney Andrew Fischer said he doesn't expect the case to receive a court hearing for quite some time, but is concerned that the police might retaliate in the meantime. He said he is seeking monetary damages and a end to the harassment, and said that while he can produce witnesses and "other" evidence, the complaint will also hinge on he-said-she-said testimony.
"We took a long time to craft the complaint. We wouldn't bring these charges if we weren't confident that we could prove them," Fischer said.
Michelle Kennedy, reached by telephone, said she would prefer all comments on the case come from her lawyers.
Matt Murphy's e-mail address is [email protected] :roll: :roll: :roll: :roll: :roll: :roll: :roll: :roll: :roll: :roll:
By MATT MURPHY, Sun Staff
BILLERICA A Leicester Street couple has filed a federal civil lawsuit against the town of Billerica and 28 police officers alleging systematic harassment by the police force that violated their civil rights.
Michelle and Brian Kennedy claim the Billerica Police Department has engaged in a 13-year "conspiratorial campaign" to harass, falsely arrest, threaten and assault them and their family after Michelle Kennedy spurned the romantic advances of an officer.
Billerica Police Chief Daniel Rosa said he has not seen or been served yet with the lawsuit, but did read a notice of intent from the Kennedy's lawyers several years ago that most likely outlined many of the same claims.
He said because it concerned pending litigation, he could not comment further but explained the case would probably be handed to the town's liability insurance company and its legal team for representation.
The Kennedys, who live in the mobile home park near the Tewksbury border, have a criminal history in town including several assault charges, some of which were dismissed. Brian Kennedy spent 83 days in the House of Correction in Billerica in 1998 for assault, but the lawsuit states they were set up by police in many cases .
Though they could not officially comment, several police officers with knowledge of the case history rebutted the claims in the lawsuit and said the truth would come out in court.
The Kennedy's name the town, Chief Rosa, and former chiefs John Barretto, Paul Matthews and Robert Lee individually and in their official capacities for allegedly covering up or ignoring the actions of their officers and complaints filed by the family. Another 24 officers, most of whom are still on the force, and several unnamed officers are also cited.
According to the lawsuit, filed on Nov. 5 at the U.S. District Court in Boston, the harassment began in the summer of 1991 when an officer, so enraged after being rejected by Kennedy, pulled her husband over in a car and warned him to "keep a leash on your wife and watch your back."
The 44-page suit goes on to document alleged instances of police following and assaulting the Kennedys, arresting them on fabricated charges, intimidating witnesses to testify against them, and threatening to kill Michelle Kennedy. Included among the allegations are suggestions that the spurned officer torched Brian Kennedy's pick up truck in his driveway and offered to pay a woman $500 to beat Michelle Kennedy so severely that she be hospitalized.
The Kennedy's attorney Andrew Fischer said he doesn't expect the case to receive a court hearing for quite some time, but is concerned that the police might retaliate in the meantime. He said he is seeking monetary damages and a end to the harassment, and said that while he can produce witnesses and "other" evidence, the complaint will also hinge on he-said-she-said testimony.
"We took a long time to craft the complaint. We wouldn't bring these charges if we weren't confident that we could prove them," Fischer said.
Michelle Kennedy, reached by telephone, said she would prefer all comments on the case come from her lawyers.
Matt Murphy's e-mail address is [email protected] :roll: :roll: :roll: :roll: :roll: :roll: :roll: :roll: :roll: :roll:
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