The Fence: A Police Cover-Up Along Boston's Racial Divide (49 page)

I
NTERVIEWS
: 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 Cox: Feb. 19, 2006; March 12, 2006; Oct. 15, 2006; April 6, 2008. Craig Jones: Aug. 21, 2007. James Rattigan: Oct. 27, 2005.

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

R
ECORDS
: 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 Cox, 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. McManus, 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 Municipal 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 Anti–Gang Violence Unit, to Dep. Superintendent William Johnson, on Jan. 30, 1995: “Injured on Duty: Michael Cox.” Boston Police Department disciplinary record for Daniel Dovidio. Boston City Hospital medical records on the condition and treatment of Michael Cox. Physician records on the treatment of Michael Cox following his beating. Psychiatric evaluations of Michael Cox as part of his civil rights case. Emergency medical technician report on Michael Cox.

N
EWS ARTICLES
: Gelzinis, Peter, column,
Boston Herald
, Jan. 30, 2001. Lehr, Dick/Spotlight Team, “Boston Police Turn Against One of Their Own,”
Boston Globe
, Dec. 8, 1997.

N
OTES
: 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

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

I
NTERVIEWS
: Michael Cox: 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.

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

N
EWS 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?

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

I
NTERVIEWS
: 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 Cox: 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.

R
ECORDS
: 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 95–16 on March 15, 1995, on “Use of Non-Lethal Force”; special order 95–17 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 Cox by Dr. Jerome Rogoff on May 4, 1995. Massachusetts bar application of Robert Peabody.

N
EWS 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 Massachusetts 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: COX V. BOSTON POLICE DEPARTMENT

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

I
NTERVIEWS
: Robert Brown III: March 8, 2006; March 9, 2006; April 3, 2006; July 25, 2006. James Burgio: Sept. 22, 2006. Michael Cox: 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.

R
ECORDS
: 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 harassment by Craig Jones. Boston Police Department Internal Affairs Division case number 179–94 against David Williams, with ruling by Sgt. Mary L. Crowley.
Cox et al. v. City of Boston et al.
, 95-CV–12729-WGY.

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

N
EWS ARTICLES
: “Roxbury Site Inaugurated for New Police Headquarters,”
Boston Globe
, June 4, 1995. Associated Press, “Providence Police Face Court Suit,”
Boston Globe
, March 4, 1995. Associated 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, “Cox 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, Dick, “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, Mitchell, “Corruption Probe Shakes Up Boston Detective Unit,”
Boston Globe
, Feb. 10, 1996.

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

CHAPTER 14: THE WHITE GUY AT THE FENCE

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

I
NTERVIEWS
: Carol S. Ball: Sept. 6, 2007; several e-mail exchanges. Robert Brown III in the Cumberland 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 Cox: 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.

R
ECORDS
: 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. Massachusetts bar application by S. Theodore Merritt. FBI Form 302, dated March 31, 1997, by agent Kimberly McAllister.

N
EWS 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

S
WORN TESTIMONY AND STATEMENTS BY
: Michael Cox (Cox trial deposition); Robert Brown III (Federal GJ); Ann Marie Doherty (Cox trial deposition); Richard Walker (Cox IAD, Cox ACU, Federal GJ).

I
NTERVIEWS
: Robert Brown III in the Cumberland 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 Cox: several e-mail exchanges. Michael Cox: 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.