Part 19 (1/2)

CHAPTER 9: ”8-BOY”.

SWORN TESTIMONY AND STATEMENTS BY: Robert Brown III (Federal GJ, Conley trial, c.o.x trial); James Burgio (Burgio arbitration); Donald Caisey (Suffolk GJ, Daley arbitration, Jones arbitration); Kenny Conley (c.o.x IAD, Federal GJ, c.o.x trial deposition, c.o.x trial); Kimberly c.o.x (c.o.x trial deposition, Dateline NBC, Nov. 2, 1999); Michael c.o.x (c.o.x IAD, c.o.x ACU, Suffolk GJ, Federal GJ, c.o.x trial deposition, c.o.x trial, Dateline NBC, Nov. 2, 1999, Burgio arbitration, Daley arbitration); Ian Daley (c.o.x IAD, Daley arbitration); Daniel Dovidio (c.o.x trial deposition, c.o.x trial); Bobby Dwan (Dwan arbitration); Jimmy Evans (Federal GJ); Craig Jones (c.o.x IAD, c.o.x ACU, Suffolk GJ, c.o.x trial deposition, Daley arbitration); David C. Murphy (c.o.x ACU, Burgio arbitration, Daley arbitration); Gary Ryan (c.o.x IAD, Suffolk GJ, Daley arbitration); Michael Stratton (c.o.x IAD, c.o.x ACU); Thomas ”Joe” Teahan (c.o.x IAD, Suffolk GJ, Daley arbitration); Isaac Thomas (Burgio arbitration, Williams arbitration, Daley arbitration); Ronald Tinsley (Federal GJ); Richard Walker (c.o.x IAD, c.o.x ACU, Suffolk GJ, Federal GJ, c.o.x trial, Burgio arbitration, Daley arbitration); Marlon Wright (c.o.x ACU); David Williams (c.o.x IAD, c.o.x ACU, Suffolk GJ, Williams arbitration).

INTERVIEWS: Robert Brown III: March 8, 2006; March 9, 2006; April 3, 2006; July 25, 2006. Kenny Conley: July 5, 2001; July 6, 2001; July 11, 2001; July 16, 2001; Oct. 11, 2005; Nov. 4, 2005; Jan. 19, 2007; Feb. 19, 2007; March 27, 2007. Michael c.o.x: Feb. 19, 2006; March 12, 2006; Oct. 15, 2006; April 6, 2008. Craig Jones: Aug. 21, 2007. James Rattigan: Oct. 27, 2005.

OTHER: Audiotape of Boston Police Department radio channel 3, Jan. 25, 1995.

RECORDS: Boston Police Department 1.1 Incident Reports and Form 26 Reports regarding the events of Jan. 25, 1995, written by Ian Daley, Donald Caisey, Michael c.o.x, David Williams, James Burgio, Richard Walker, Kenny Conley, Gary Ryan, Thomas ”Joe” Teahan, Daniel Dovidio, David C. Murphy, Isaac Thomas, James Rattigan, Mark Freire, Joseph Freeman, Michael Stratton, Charles Bogues, Margaret A. Waggett, Marlon Wright, David C. McBride, Andrew P. Creed, Richard Houston, Ronald E. Pirrello, John F. McBrien, Ronald Curtiss, Gilbert Alicea, Robert McLaughlin, Ricky F. Cooks, T. Lynn, T. McMa.n.u.s, Daniel Duff, Gregory N. Webb, Keith Webb, John W. Ezekiel, E. Murphy, Leonard J. Lilly, Timothy Brady, Andrell Jones, Bernard A. Doyle, John M. McDonough, Richard Ross, Roy Frederick. Boston Munic.i.p.al Police officer reports by Andrew Fay, J. Wilmot, David J. O'Connor, Joseph Robles. Sentinel Security incident reports by security officers Paul McGovern, James Waldron. Report by Lt. Kevin D. Foley, commander of the AntiaGang Violence Unit, to Dep. Superintendent William Johnson, on Jan. 30, 1995: ”Injured on Duty: Michael c.o.x.” Boston Police Department disciplinary record for Daniel Dovidio. Boston City Hospital medical records on the condition and treatment of Michael c.o.x. Physician records on the treatment of Michael c.o.x following his beating. Psychiatric evaluations of Michael c.o.x as part of his civil rights case. Emergency medical technician report on Michael c.o.x.

NEWS ARTICLES: Gelzinis, Peter, column, Boston Herald, Jan. 30, 2001. Lehr, d.i.c.k/Spotlight Team, ”Boston Police Turn Against One of Their Own,” Boston Globe, Dec. 8, 1997.

NOTES: David Williams has denied making statements attributed to him by Craig Jones; Jones's account is more credible, given the weight of the evidence, which includes the viewpoint of Suffolk County investigators. James Burgio has denied making statements at the Roxbury police station attributed to him by Michael Stratton; Stratton's account is more credible. Ian Daley has denied making statements Donald Caisey and Isaac Thomas have attributed to him; the latter two are more credible: Richard Walker has said he does not recall seeing Craig Jones at the bottom of the hill; Jones's account is corroborated by at least one other officer and is therefore credible.

CHAPTER 10: NO OFFICIAL COMPLAINT.

SWORN TESTIMONY AND STATEMENTS BY: Kimberly c.o.x (c.o.x trial deposition, Dateline NBC, Nov. 2, 1999); Michael c.o.x (c.o.x IAD, c.o.x ACU, Suffolk GJ, Federal GJ, c.o.x trial deposition, c.o.x trial, Dateline NBC, Nov. 2, 1999, Burgio arbitration, Daley arbitration); Luis A. Cruz (c.o.x trial deposition); James Hussey (c.o.x trial deposition, Dwan arbitration); Craig Jones (c.o.x IAD, c.o.x ACU, Suffolk GJ, c.o.x trial deposition, Daley arbitration).

INTERVIEWS: Michael c.o.x: Feb. 19, 2006; March 12, 2006; Oct. 15, 2006; April 6, 2008. Paul Farrahar: June 23, 2006. James Hussey: July 11, 2006; Oct. 1, 2007; several e-mail exchanges. Craig Jones: Aug. 21, 2007. Robert Peabody: Jan. 13, 2006; Jan. 27, 2006; June 26, 2006; Nov. 20, 2007; several e-mail exchanges.

RECORDS: Boston Police Department Form 26 Reports regarding events of Jan. 25, 1995 (see list of officers in Chapter 9 notes). Medical records for Michael c.o.x. Boston Police Internal Affairs Control Forms for case nos. 2795, 2793, and 2532. Ma.s.sachusetts bar examination application by Stephen Roach.

NEWS ARTICLES: ”Evans Names 89 Being Promoted to Captain, Sergeant and Lieutenant,” Boston Globe, Feb. 9, 1995. Chacon, Richard, ”Boston Police Investigators Seek Cause of Undercover Officer's Injuries,” Boston Globe, Feb. 4, 1995. Dowdy, Zachary R., ”Police Censure Three in Fatal Raid,” Boston Globe, Jan. 27, 1995. Dowdy, Zachary R., ”After Year at Helm, Evans Takes Stock of Policing Record,” Boston Globe, Feb. 14, 1995. Ford, Beverly, ”Highs and Lows Mark Top Cop's First Year,” Boston Herald, Feb. 14, 1995. Ford, Beverly; Flynn, Sean; and Mulvihill, Maggie, ”Alleged Beating of Undercover Cop Probed,” Boston Herald, Feb. 3, 1995. Gelzinis, Peter, ”A Cop Who Gave Her All Remembered for Her Soul,” Boston Herald, July 20, 1995.

CHAPTER 11: CAN I TALK TO MY LAWYER?.

SWORN TESTIMONY AND STATEMENTS BY: Donald Caisey (c.o.x IAD); Kenny Conley (c.o.x IAD, c.o.x trial deposition); Kimberly c.o.x (c.o.x trial deposition); Michael c.o.x (c.o.x IAD, c.o.x trial deposition); Luis A. Cruz (c.o.x trial deposition); Ian Daley (c.o.x IAD); Ann Marie Doherty (c.o.x trial deposition); Bobby Dwan (c.o.x IAD); Craig Jones (c.o.x IAD); James Hussey (c.o.x trial deposition); Isaac Thomas (c.o.x IAD); Richard Walker (c.o.x IAD); David Williams (c.o.x IAD).

INTERVIEWS: Kenny Conley: July 5, 2001; July 6, 2001; July 11, 2001; July 16, 2001; Oct. 11, 2005; Nov. 4, 2005; Jan. 19, 2007; Feb. 19, 2007; March 27, 2007. Michael c.o.x: Feb. 19, 2006; March 12, 2006; Oct. 15, 2006; April 6, 2008. James Hussey: July 11, 2006; Oct. 1, 2007; several e-mail exchanges. Robert Peabody: Jan. 13, 2006; Jan. 27, 2006; June 26, 2006; Nov. 20, 2007; several e-mail exchanges. Craig Jones: Aug. 21, 2007. James Rattigan: Oct. 27, 2005.

RECORDS: Affidavit by Ann Marie Doherty, chief of Boston Police Department's Bureau of Internal Investigations, on July 11, 1996. Brief filed by attorney Thomas Hoopes on behalf of Ian Daley during labor arbitration against the Boston Police Department. Boston Police Department special order 95a16 on March 15, 1995, on ”Use of Non-Lethal Force”; special order 95a17 on March 17, 1995 on ”Identification of Plainclothes Officer”; Rule 109: Discipline Procedure; Rule 113: Public Integrity Policy. Boston Police Department records on its Early Intervention System, and Internal Affairs records on David Williams. Psychiatric evaluation of Michael c.o.x by Dr. Jerome Rogoff on May 4, 1995. Ma.s.sachusetts bar application of Robert Peabody.

NEWS ARTICLES: Aucoin, Don, ”Raising the Stakes: Suffolk County DA Ralph Martin...,” Boston Globe Sunday Magazine, May 19, 1996. Ellement, John, ”DA Mulls Grand Jury in Beating of Officer,” Boston Globe, June 9, 1995. Ford, Beverly, ”Cops in Separate Internal Affairs Probes Transferred to Investigative Unit,” Boston Herald, March 15, 1995. Ford, Beverly, and Mulvihill, Maggie, ”Cops Targeted in Probe of Fellow Officer's Beating,” Boston Herald, May 5, 1995. Molotsky, Irvin, ”Endicott Peabody, 77, Dies; Governor of Ma.s.sachusetts in 60's,” New York Times, Dec. 4, 1997. Mulvihill, Maggie, ”Cop in Internal Probe Faces Other Allegations,” Boston Herald, May 9, 1995. Mulvihill, Maggie, ”Sources: Witnesses Saw Beating of Officer,” Boston Herald, Dec. 15, 1995. Mulvihill, Maggie, and Ford, Beverly, ”Anti-Corruption Unit of Hub Police to Probe Beating of Undercover Cop,” Boston Herald, June 7, 1995.

CHAPTER 12: DAVE, I KNOW YOU KNOW SOMETHING AND CHAPTER 13: c.o.x V. BOSTON POLICE DEPARTMENT.

SWORN TESTIMONY AND STATEMENTS BY: William Bratton (talk at Harvard Law School, Nov. 14, 1995); James Burgio (c.o.x ACU, Burgio arbitration); Kimberly c.o.x (c.o.x trial deposition); Michael c.o.x (Suffolk GJ, c.o.x trial deposition, Dateline NBC, Nov. 2, 1999, Burgio arbitration); Ian Daley (c.o.x ACU); Craig Jones (Suffolk GJ, c.o.x trial deposition); David Williams (c.o.x ACU, Suffolk GJ, Williams arbitration).

INTERVIEWS: Robert Brown III: March 8, 2006; March 9, 2006; April 3, 2006; July 25, 2006. James Burgio: Sept. 22, 2006. Michael c.o.x: Feb. 19, 2006. Paul Farrahar: June 23, 2006. Robert Peabody: Jan. 13, 2006; Jan. 27, 2006; June 26, 2006; Nov. 20, 2007; several e-mail exchanges. James Rattigan: Oct. 27, 2005. Robert Sheketoff: Nov. 13, 1997; Dec. 14, 2005; Dec. 30, 2005; March 17, 2006.

RECORDS: Affidavit by Ann Marie Doherty, chief of Boston Police Department's Bureau of Internal Investigations, on July 11, 1996. Boston Police Department Form 26 by Ian Daley regarding his claim of hara.s.sment by Craig Jones. Boston Police Department Internal Affairs Division case number 179a94 against David Williams, with ruling by Sgt. Mary L. Crowley. c.o.x et al. v. City of Boston et al., 95-CVa12729-WGY.

BOOK: Skolnick and Fyfe, Above the Law, pp. 7, 89, 92.

NEWS ARTICLES: ”Roxbury Site Inaugurated for New Police Headquarters,” Boston Globe, June 4, 1995. a.s.sociated Press, ”Providence Police Face Court Suit,” Boston Globe, March 4, 1995. a.s.sociated Press, ”Providence, Suspended Police Officer Reach Deal,” Boston Globe, May 7, 1995. Aucoin, Don, ”Raising the Stakes: Suffolk County DA Ralph Martin...,” Boston Globe Sunday Magazine, May 19, 1996. Chacon, Richard, ”Nearly 300 Police Set for First Night,” Boston Globe, Dec. 31, 1995. Dowdy, Zachary R., ”Minister's Widow Sues City Over Bungled '94 Drug Raid,” Boston Globe, April 5, 1995. Ellement, John, ”Rape Charge Against Officer Is Dismissed,” Boston Globe, Feb. 28, 1995. Ellement, John, ”Detective Files Suits vs. Fellow Officers,” Boston Globe, Dec. 13, 1995. Flint, Anthony, ”Bratton Calls 'Testilying' by Police a Real Concern,” Boston Globe, Nov. 15, 1995. Ford, Beverly, and Mulvihill, Maggie, ”c.o.x Sues BPD,” Boston Herald, Dec. 12, 1995. Gelzinis, Peter, ”A Cop Who Gave Her All Remembered for Her Soul,” Boston Herald, July 20, 1995. Jackson, Derrick, ”Mayor Scrooge,” Boston Globe, April 7, 1995. Lehr, d.i.c.k, ”Getting Away with Murder: Charlestown's Code of Silence Means Most Neighborhood Killings Go Unsolved,” Boston Globe, Oct. 11, 1992. Rakowsky, Judy, ”Three Convicted in 'Code of Silence' Trial,” Boston Globe, March 23, 1995. Zuckoff, Mitch.e.l.l, ”Corruption Probe Shakes Up Boston Detective Unit,” Boston Globe, Feb. 10, 1996.

NOTES: David Williams has given conflicting testimony regarding his encounter with Mike c.o.x in Franklin Park. During his own labor arbitration, Williams rejected c.o.x's version of events; however, during his earlier testimony before the Suffolk County grand jury he confirmed the thrust of c.o.x's account and testified that during their encounter he defended James Burgio in connection with the c.o.x beating.

CHAPTER 14: THE WHITE GUY AT THE FENCE.

SWORN TESTIMONY AND STATEMENTS BY: Michael c.o.x (c.o.x trial deposition); Thomas Dowd (Dwan arbitration); Craig Jones (c.o.x trial deposition); William Johnston (Dateline NBC, Nov. 2, 1999); David Williams (Williams arbitration).

INTERVIEWS: Carol S. Ball: Sept. 6, 2007; several e-mail exchanges. Robert Brown III in the c.u.mberland County Jail, Portland, Maine: March 8, 2006; March 9, 2006; April 3, 2006; July 25, 2006; May 25, 2007. Mattie Brown: April 14, 2006; Sept. 28, 2006; April 18, 2007; Jan. 20, 2008. Kenny Conley: July 5, 2001; July 6, 2001; July 11, 2001; July 16, 2001; Oct. 11, 2005; Nov. 4, 2005; Jan. 19, 2007; Feb. 19, 2007; March 27, 2007. Jennifer Conley: July 11, 2001. Michael c.o.x: Feb. 19, 2006. Robert Peabody: Jan. 13, 2006; Jan. 27, 2006; June 26, 2006; Nov. 20, 2007; several e-mail exchanges. Paul Farrahar: June 23, 2006. Robert Sheketoff: Nov. 13, 1997; Dec. 14, 2005; Dec. 30, 2005; March 17, 2006.

RECORDS: Boston Police Department Internal Affairs Records in the excessive force case against David Williams by complainant Valdir Fernandes (records include a 2007 Freedom of Information request for information regarding disciplinary action taken against Williams, to which the department responded that no record of any disciplinary action could be found). The police officer acquitted at trial in March 1995 of charges of stealing money from a wallet in the Brighton police station was later fired by the department. Trial transcripts from the Lyle Jackson murder trial. Ma.s.sachusetts bar application by S. Theodore Merritt. FBI Form 302, dated March 31, 1997, by agent Kimberly McAllister.

NEWS ARTICLES: ”Guilty Plea in Bomb Threat; City Man Could Face 12-Year Term,” Worcester Telegram & Gazette, Dec. 18, 1996. Doherty, William F., ”Ex-Police Duo Get Three Years for Thefts; Seized $200,000 in Bogus Raids,” Boston Globe, May 22, 1998. Ellement, John, ”Officer Is Acquitted in Theft of $6,350 from Wallet at Station,” Boston Globe, March 26, 1995. Estes, Andrea, ”Electrician Cleared of Death in Fire Sparked by Wiring,” Boston Herald, Jan. 28, 1997. Nealon, Patricia, ”Guard Gets Three Years for Scalding Prisoner,” Boston Globe, Feb. 21, 1997. Rakowsky, Judy, ”Ex-Winthrop Chief Says He Took Bribes, Evaded Taxes,” Boston Globe, July 26, 1995. Tatz, Dennis, ”State Trooper Admits Beating Man After Incident in Bar,” Patriot Ledger, Sept. 5, 1996.

CHAPTER 15: THE PERJURY TRAP AND CHAPTER 16: A FEDERAL MISCARRIAGE OF JUSTICE.

SWORN TESTIMONY AND STATEMENTS BY: Michael c.o.x (c.o.x trial deposition); Robert Brown III (Federal GJ); Ann Marie Doherty (c.o.x trial deposition); Richard Walker (c.o.x IAD, c.o.x ACU, Federal GJ).

INTERVIEWS: Robert Brown III in the c.u.mberland County Jail, Portland, Maine: March 8, 2006; March 9, 2006; April 3, 2006; July 25, 2006; May 25, 2007. Mattie Brown: April 14, 2006; Sept. 28, 2006; April 18, 2007; Jan. 20, 2008. James Burgio: Sept. 22, 2006. Kenny Conley: July 5, 2001; July 6, 2001; July 11, 2001; July 16, 2001; Oct. 11, 2005; Nov. 4, 2005; Jan. 19, 2007; Feb. 19, 2007; March 27, 2007. Jennifer Conley: July 11, 2001. Kris Conley c.o.x: several e-mail exchanges. Michael c.o.x: Feb. 19, 2006; March 12, 2006; Oct. 15, 2006; April 6, 2008. Willie Davis: March 30, 2006. Bobby Dwan: Dec. 31, 2005; Dec. 5, 2006. Ted Merritt: Aug. 22, 2001. Indira Pierce: May 7, 2006. Fran Robinson: March 30, 2006; several e-mail exchanges. Robert Sheketoff: Nov. 13, 1997; Dec. 14, 2005; Dec. 30, 2005; March 17, 2006. Prof. Daniel Simons: July 17, 2001; July 20, 2001.

OTHER: Simons and Chabris, ”Gorillas in Our Midst.”

RECORDS: Conley trial transcript. Ma.s.sachusetts bar application of Willie J. Davis. Affidavit by Fran Robinson regarding the arrest of Kenny Conley at FBI headquarters in Boston. Multiple appellate briefs filed by Saul Pilchin and Robert Bennett on behalf of Kenny Conley. Multiple briefs filed by Ted Merritt and other federal prosecutors in connection with the Conley case. FBI Form 302, dated March 31, 1997, by agent Kimberly McAllister regarding her interview with Kenny Conley. FBI Form 302 report by agent Kimberly McAllister regarding her dealings with Richard Walker. Multiple judicial rulings in the Conley case. July 29, 1997, letter by Ted Merritt to Willie Davis regarding indictment of Kenny Conley. Copies of the tickets and fliers for the Ken Conley time at the Florian Hall. Suffolk County Property and Deed Records: property information for the c.o.x home at Rundel Park in Dorchester.

NEWS ARTICLES: ”Narcotics Agents Nab Three in Boston,” Boston Globe, Jan. 16, 1970. Carroll, Matt, ”Witness Says Officer Nearby During Police Beating,” Boston Globe, June 6, 1998. Carroll, Matt. ”Boston Officer Is Convicted of Lying in Police Beating,” Boston Globe, June 11, 1998. Cavaan, Azell Murphy, ”Cop Found Guilty of Perjury,” Boston Herald, June 11, 1998. Doherty, William F., ”Willie Davis Resigns as US Magistrate, to Defend Cleaver,” Boston Globe, Jan. 25, 1976. Ford, Beverly, ”Boston Officer Sues Fellow Cop for Alleged Perjury over Beating,” Boston Herald, Feb. 4, 1998. Gladwell, Malcolm, ”Wrong Turn: How the Fight to Make America's Highways Safer Went off Course,” New Yorker, June 11, 2001. Lehr, d.i.c.k, ”The Case for Kenny Conley,” Boston Globe Sunday Magazine, Sept. 23, 2001. Lehr, d.i.c.k, ”Witness in '95 Brutality Case Offers New Account,” Boston Globe, Sept. 17, 2006. Ra.n.a.lli, Ralph, ”Officer Sentenced for Perjury in Cop-Beating Case,” Boston Herald, Sept. 30, 1998.

NOTES: Several additional points about s.m.u.t Brown seeing the ”tall, white cop” from the fence in the hallway of federal court during the Conley trial. First, FBI agent Kimberly McAllister disputes the account given by s.m.u.t, his mother, and Indira Pierce. In several telephone conversations with McAllister and a Boston FBI spokeswoman, McAllister initially denied ever having spoken with s.m.u.t Brown in the hallway during a recess in the trial. She later amended her position, saying she recalled an encounter but that s.m.u.t Brown never pointed out someone else (not Kenny Conley) as the man standing next to the c.o.x beating at the fence. Had Brown done that, she said, she immediately would have notified federal prosecutors.

Second, Brown's account of never having seen Kenny Conley before that day in court surfaced during interviews for this book. Brown's disclosures debunked the accepted lore of the Conley trial that he had indeed provided an in-court identification, and many lawyers involved in the case-attorneys for Mike c.o.x and Kenny Conley-were incredulous; in large part, I believe, because to accept Brown's statements meant admitting they had all overlooked a major flaw in the government's case; namely, that Brown, contrary to appearances, had in fact never identified Kenny Conley. But Brown's full story holds up when examined closely, and he certainly had no incentive or motivation to lie. During the book interviews he was facing sentencing in a federal drug case, and his account could only potentially hurt him by angering federal officials.

Finally, some leading members of the Boston bar were astounded that Brown's effort to alert the FBI about a potential witness/suspect in the beating went unheeded. ”This would be explosively important evidence in favor of the defendant [Conley],” said J. W. Carney Jr. ”Any federal agent who received this information from a critical witness and intentionally suppressed it by not informing the federal prosecutor is, in my opinion, guilty of obstruction of justice.” Robert A. George, another prominent attorney, said, ”That's a huge, huge error.” He said, ”There's a duty, and not just a legal duty, but a human duty, to put a stop to the trial at that point.” Both said Brown's statements should have triggered an investigation, but no known inquiry into possible federal misconduct resulted from the new disclosures.

CHAPTER 17: ON HIS OWN.