Boston Criminal Lawyers Blog

Stoughton Police Officer Richard P. Bennett, 28, was a five-year veteran of the town's Police Department but was forced to tender his resignation after he committed 2 police department violations.

Bennett was accused of visiting Alex's Strip Club in Stoughton in June to meet "Bridget the Midget," a 3 foot 9 inch tall porn star. The problem was that, at the time he went to the strip club, Bennett was on duty and left his patrol to visit the club. It appears that other police officers, "no less than five," were present within the club and reported the violation to the Stoughton Chief of Police.

In another incident, Officer Bennett also violated the Stoughton Police policy for putting a laser scope on his department issued firearm. The Stoughton Police Department prohibits modifications to department issued firearms without prior approval. When inquiries were made to him about the modification, Officer Bennett allegedly lied to police investigators, thereby violating another canon of the Stoughton Police Department.

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Kenneth McElroy, 45, has filed a lawsuit in Boston Federal Court alleging Civil Rights violations by the Lowell Police Department. He is seeking $500,000 in damages for a herniated disc, nerve damage, and soreness and bruising that caused him to miss several months of work.

The incident resulted from McElroy's arrest on criminal charges including Assault with a Dangerous Weapon and Disorderly Conduct. Attorneys representing the City of Lowell Police Department claim the lawsuit is without merit and have asked that the suit be thrown out.

According to his lawsuit, McElroy drove to Lowell in April of 2008 to pickup up James Earle who was to help him with a construction project. As he was driving, the operator of a parked truck opened its driver's-side door and nearly caused an accident. Not knowing if McElroy had struck the vehicle, he got out of his truck to see if there was any damage to either vehicle.

The driver of the other car, John Berard, then allegedly ran up and punched him in the face. Earle then got out of the car and stopped the assault, and as McElroy went to leave, Berard chased him with a hammer and crowbar.

Conversely, Berard told police he was sitting in his truck when McElroy sped close. Words were exchanged and the men got involved in a physical confrontation, at which time McElroy pulled out a knife. According to Berard, only when McElroy displayed the knife did he then grab a hammer.

Eventually, Lowell Police Officers responded to the incident and McElroy claims that when he tried to explain to them what transpired, the officers told him to shut up and placed him under arrest. He alleges that the Lowell Police Officers grabbed him by the shoulder, threw him against a fence, squeezed him by the neck and threw him to the ground.

In order to succeed on his Civil Rights lawsuit against the Lowell Police Officers, McElroy must demonstrate the existence of a municipal custom or policy that intentionally deprives him of his rights. On this basis, the attorney's for the Lowell Police Officers claim that his suit has no merit.

With regards to McElroy's criminal charges of Assault with a Dangerous Weapon and Disorderly Conduct resulting from this incident, he was charged in the Lowell District Court and the case was eventually dismissed in August 2008.

Continue reading "Suit Filed Against Lowell Police Department Alleging Police Misconduct" »

The trial of Lorraine Henderson, a former top Homeland Security Official from Boston, began today in Federal District Court. You may remember that Henderson was arrested in December 2008 after she was caught on a wiretap warning her housekeeper, Fabiana Bittencourt, not to leave the country because she won't be let back in. The person wearing the wiretap was the housekeeper, who had been cooperating with the United States District Attorney's Office.

The criminal defendant was charged with Employment of Illegal Aliens, as well as Encouraging an Illegal Immigrant to Remain in the Country, a felony punishable up to 10 years in prison.

Isn't it ironic that one of the top officials in charge of 'homeland security' and with enforcing the United States' customs and immigration laws is a criminal defendant on trial with violating the same laws she swore to enforce? The funny thing is, she's certainly not the first, nor the last 'law enforcement official' who will get caught up with illegal or criminal activity.

Continue reading "Boston Homeland Security Official on Trial for Employing Illegal Worker" »

Continue reading "Massachusetts State Police Trooper Indicted on Bribery Charges" »