MCLE program: “1st Look" at the Massachusetts Police Reform Legislation: New standards, commissions, and criminal offenses

On April 5, Howard will be chairing an MCLE program titled "1st Look" at the Massachusetts Police Reform Legislation: New standards, commissions, and criminal offenses. There will be many changes in the law when this bill becomes effective in July. The speakers will be:

• William N. Brownsberger, Esq., Senate Chair, Joint Committee on the Judiciary, Boston
• Andrew J. Gambaccini, Esq., Reardon, Joyce & Akerson, PC, Worcester
• Hon. Geraldine S. Hines, Supreme Judicial Court, Commonwealth of Massachusetts (Ret.), Boston
• Brian A. Kyes, Esq., Chelsea, City of/Police Department, Chelsea

If you are unable to attend the live webcast on April 5 from 2:00 – 4:00 pm, there will also be recorded webcasts on April 20 at 12:00 pm and on April 28 at 10:00 am.

Learn more and register for the program here.

Walsh administration refuses to release internal affairs files of embattled police commissioner

Howard is quoted in this article: Walsh administration refuses to release internal affairs files of embattled police commissioner.

On the day Dennis White was appointment Boston Police Commissioner, the Boston Globe made a public records request for his internal affairs files. The City denied access to the records, claiming that the release of the records would compromise their new investigation into the old allegations of White’s domestic violence. The Globe appealed to the Supervisor of Records, who ruled that the city’s denial did not meet the legal threshold.

Howard is quoted as saying that government agencies use delay as a tactic. If they delay long enough the story that caused the request may no longer be news. Our firm has sued the City of Boston when they have delayed in providing public records and failed to comply with rulings by the Supervisor of Records.

‘Professional courtesy’ snares trooper in internal affairs probe

We recommend this article about a Massachusetts State Trooper who was not charged with a crime by police officers in Las Vegas because he is a police officer: ‘Professional courtesy’ snares trooper in internal affairs probe. 5 Investigates learned through public records and body camera footage that former trooper Andrew Patterson was involved in an intoxicated confrontation at a Las Vegas hotel. After learning he was a police officer, the Las Vegas police offered to escort him out instead of arresting him. “Yeah, we’re all good. We’re all cops, relax,” said one officer. The Massachusetts State Police later learned about the incident from Las Vegas’s Internal Affairs department, which was investigating the misconduct of its own officers.

Police officers should not get free passes to commit crimes. Police officers should be held to a higher standard of conduct than members of the public because they carry guns and are granted considerable power. Yet, “professional courtesy” results in officers being held to a lower standard. It leads police officers to feel the law does not apply to them.

After a second incident in which Patterson was accused of masturbating in his seat at Gillette Stadium, he resigned from the Massachusetts State Police. He will collect a $65,000-a-year disability pension for the rest of his life.

Howard is quoted in two articles about police officers and domestic violence

Howard is quoted in two articles about police officers and domestic violence. 1999 Court Records Detail A Messy Divorce, Abuse Allegations For New BPD Commissioner. On his third day on the job, new Boston police commissioner Dennis White was put on leave pending an investigation of past allegations of domestic violence. The Boston Police Department knew about the allegations from 1999 but it is unclear if they initiated an internal investigation. As Howard comments in the article, it’s not unusual for officers not to have consequences based on allegations of domestic violence. In February 2020, the Boston Globe reported that Boston Police Captain Timothy Connolly was charged with domestic violence. A few weeks later the Globe reported the case was dismissed. There is no record of a finding after an internal affairs investigation.

This story by Boston 25 expands on the problem of holding officers accountable for domestic violence: Civil rights attorney: domestic violence allegations against police among toughest to report. Howard was surprised to learn that the Boston Police Department protects the names of police officers who were alleged to have committed domestic violence. Privacy laws should protect the identity of the victim but not the abuser, particularly if the abuser is a police officer or public official.

Forced addiction treatment could be death sentence during COVID-19

We recommend this article from CommonWealth Magazine: Forced addiction treatment could be death sentence during COVID-19.

Even before the COVID-19 pandemic, people suffered under Massachusetts’s practice of involuntarily committing substance abusers. Massachusetts is perhaps the only state that sends people, who are in need of treatment and have not broken the law, to jails and prisons.

Now, as the pandemic rages, these people face a drastically increased risk of illness. As the article describes, the “pandemic has made a civil commitment for substance use a potential death sentence.” Indeed, every incarcerated person faces a potential death sentence as they must live in epicenters for the virus in conditions that don’t allow for proper hygiene and social distancing.

With hope for the future, we recommit to defending civil rights

On the day President Biden replaces Trump, Howard stands next to his Defend Civil Rights poster.

Four years ago, our office gathered around this poster to share our fears for our country. Many of our fears were realized including diminished civil liberties, the legitimization of racism, and hateful rhetoric that emboldened people—including law enforcement officers—to commit violent acts. Four years ago, we consoled ourselves with the knowledge that our country was full of people determined to fight against this hatred. Today we celebrate the hard work of those people. The new administration is a triumph and a relief, but we must continue our commitment to defending civil rights.

Howard interviewed by Not Fake News

Howard was interviewed by the blog and podcast Not Fake News. Read or listen to Howard’s views on the effects of Trump’s judicial appointments, how civil rights law has changed over the past 40 years, and how we should reimagine police operations.

For Boston police officers accused of crimes, legal troubles tend to just melt away

We recommend this Boston Globe article that quotes Howard: For Boston police officers accused of crimes, legal troubles tend to just melt away. The article describes police officers who committed serious crimes but avoided legal consequences, such as the drunk Boston police detective who hit a woman’s car with enough force that her head broke the windshield.

When police commit crimes, they rarely lose their jobs or face criminal charges. For some serious crimes, officers have been permitted to resign (often keeping their pensions) instead of being prosecuted. Even when officers are charged with crimes, they are less likely to be found guilty and more likely to receive a favorable sentence.

Police officers should not have a Get Out of Jail Free Card. Lots of jobs have perks, such as a store discount, flexible scheduling, or free snacks. But immunity from responsibility for drunk driving should not be a perk of the job. This is one of the reasons we need better accountability for police officers.

Homicide charges against police officers are rare

Howard is quoted in this Globe article: Homicide charges against police officers are rare. The article discusses how unusual it is for police officers to be criminally charged when they kill people. Last month, in the midst of national outrage that the Louisville police officers who killed Breonna Taylor will not face homicide charges, a Massachusetts grand jury indicted a Reading police office for manslaughter. Despite this recent indictment, when Howard meets with the family of a person killed by a police officer, he tells them that criminal charges are highly unlikely. Howard also noted that Massachusetts has fewer instances of police killing people than most other states.

Howard Friedman selected as a Massachusetts Super Lawyer

Massachusetts Super Lawyers has recognized Howard Friedman as a Top Rated Civil Rights Attorney in Boston, Massachusetts. Only 5% of attorneys in Massachusetts are designated as Super Lawyers each year. Howard has received this recognition for over 15 years. The multi-factor selection process includes independent research, peer nominations and evaluations, as well as professional achievement in legal practice.

Reading Police Officer Indicted On Manslaughter Charge For 2018 Fatal Shooting

We recommend this article: Reading Police Officer Indicted On Manslaughter Charge For 2018 Fatal Shooting.

Yesterday, as people across the nation grew outraged by the news that the Louisville police officers who killed Breonna Taylor will not face homicide charges, a Massachusetts grand jury indicted a Reading police office for manslaughter. Officer Erik Drauschke shot and killed 43-year old Alan Greenough during a domestic violence call in 2018. Mr. Greenough did not have a weapon.

As Breonna Taylor’s case has reminded us, indictments against police officers are exceedingly rare. Howard Friedman is quoted in this news story saying he cannot recall a single time when a Massachusetts police officer was criminally charged for killing someone while on duty.

The criminal legal system failed Breonna Taylor. Time will tell if it can provide justice for Alan Greenough. However, the New York Times reported today that in the rare cases when a police officer is charged with an on-duty death only one-third of the cases end in a conviction.

Boston Police officers charged with $200k overtime fraud scheme appeared before a judge on Wednesday

Howard is quoted in this news story: Boston Police officers charged with $200k overtime fraud scheme appeared before a judge on Wednesday. Nine Boston Police officers are accused of receiving pay for overtime hours not worked. The total paid to all nine officers was $200k. This overtime fraud scheme brings to mind the similar scandal in the Massachusetts State Police department. One Boston police lieutenant is accused of stealing $43,000 in overtime he did not work. Howard states in the news story that police officers must be subject to greater control, supervision, and accountability. An officer who lies in order to get more money cannot be trusted to tell the truth in court.

Rollins: Suffolk County Sheriff Never Alerted DA Of Inmate’s Death, Despite Protocols

We recommend this sad but important story about Rodrick Pendleton, whose family is still searching for answers after his 2015 death in the custody of the South Bay Jail. Rollins: Suffolk County Sheriff Never Alerted DA Of Inmate’s Death, Despite Protocols

Mr. Pendleton spend days suffering in the medical unit before he died from a painful bowel obstruction. Suffolk County Sheriff Steven Tompkins’ office should have reported this death to the District Attorney’s office to investigate, but that never happened. As the news story describes, when people in jail die from medical causes there is often minimal or no investigation into what health care was provided or denied by the sheriff’s department.

Suffolk County DA Rachael Rollins, who has been bringing meaningful reform to the criminal legal system, expressed her concern: “I would expect a direct call to me… They don't get to self-regulate and make that determination without our involvement.” “The sentence was the time you were told to serve,” she said, “not additionally withholding medical care or harming you above and beyond that.”

Howard Friedman is the 2021 Lawyer of the Year for Civil Rights Law in Boston

Congratulations, Howard! Howard was selected by his peers as the 2021 Lawyer of the Year for his work in Civil Rights Law in Boston in the 27^th Edition of The Best Lawyers in America^©. This accolade is only awarded to a single lawyer in each practice area and community. Through civil rights litigation, Howard seeks compensation for people who have been injured by police or in prisons and seeks to change the way police departments and prisons operate. Howard’s clients include people who experience police misconduct, police brutality, false arrest, wrongful conviction, and inhumane treatment in prison.

Lawyers say changes to controversial qualified immunity doctrine would move Mass. into uncharted legal waters

Howard Friedman is quoted in this article: Lawyers say changes to controversial qualified immunity doctrine would move Mass. into uncharted legal waters. Howard says “he would like the Legislature to pass a stronger civil rights law and eliminate qualified immunity in state courts altogether.”

Qualified immunity is a judge-made law that prevents people from successfully bringing civil rights cases involving false arrest, police brutality, and other complaints against police. For example, qualified immunity permitted police officers to get away with stealing over $225,000 during the search of a person’s home.

Massachusetts lawmakers are currently considering a policing bill that may make changes to the way qualified immunity is applied to state civil rights cases. We don’t believe these changes go far enough. Qualified immunity should be eliminated from the Massachusetts Civil Rights Act. Anything less than that would be counter-productive and result in complicated litigation as the courts struggle to interpret a new statute. If you are concerned about how qualified immunity prevents people from using our state’s civil rights statute, it’s not too late to contact your legislators.

7Investigates: Records show Boston police investigations into civilian complaints take years to complete

Check out this 3.5 minute news story: 7Investigates: Records show Boston police investigations into civilian complaints take years to complete. According to the trends discovered by 7Investigates, if you complain about the conduct of a Boston police officer your complaint may take years to resolve. Boston police officers will be assigned to investigate the misconduct of their fellow officer. You will not be updated about the status of your complaint. It may take the police 3 years to even interview the involved officers. The investigating officers will ask loaded or leading questions to assist the officer who harmed you. The investigation will likely find that the police officer did nothing wrong. Police cannot police themselves.

‘One of the worst police departments in the country’: Reign of brutality brings a reckoning in Springfield

Read this article: ‘One of the worst police departments in the country’: Reign of brutality brings a reckoning in Springfield. Springfield, Massachusetts is incapable of holding its police officers accountable. Police officer Jefferson Petrie has admitted to sufficient facts in a criminal case alleging he assaulted our client, Jerry Bellamy, while on duty, yet the police department determined he did not violate any rules. He is required by the criminal court to attend an anger management program, but he continues to work.

"If you want an emergency, call the police."

National Police Accountability Project board members Stanley King, Frederick Brewington and Michael Avery talk about the reality of policing today, and why it must change. Frederick Brewington says, “Policing is in itself an institution and a system, it does not need to be the same simply because it’s always been the way that it’s always been—that’s called insanity. We need to now change what’s going on in the 21st century and make this the reality that we say we want it to be, not the reality that it’s become.”

Within the Boston Police Department, complaints against officers are rarely confirmed or result in punishment

Police are not able to police themselves. The Boston Globe found "The Boston Police Department almost never believes citizens who report misconduct or violence by police officers, and even when officers are found to have acted inappropriately, they often are not punished with anything harsher than an oral reprimand, according to a Globe analysis of more than four years of department discipline data." Sadly, an expert says this is "very typical of similarly sized departments."

Read the article: Within the Boston Police Department, complaints against officers are rarely confirmed or result in punishment

National Police Accountability Project Condemns President Trump’s Racist Comments

Our firm is part of the National Police Accountability Project. The Project released a statement in response to Trump’s racist comments. In part, the statement describes how “We are concerned by police abuse of all races, and are aware that many white people are mistreated by the police. But police misconduct directed at Blacks is a special problem that grew out of the existence of slavery, separation of the races through apartheid, the myth of Black inferiority, and the continuing existence of white privilege. To deny the importance of these extraordinary factors is to be blind to the reality of life in America.”