Breanna FINALLY Responds to Joe Viglione's BRADY LIST REVELATIONS ON THE MEDFORD POLICE DEPARTMENT

 Last year I disclosed the Medford BRADY LIST, Breanna responds today 11/6/2020 ..took her long enough: New post on City of Medford

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Update: Moving Forward in Light of “Brady” List

by Jackie Piques

The following is a letter issued by Mayor Lungo-Koehn:

From the early days of my administration, I was faced with the complex and troubling issue that was caused by a number of officers of the Medford Police Department. This issue, which can only be described as a deep violation of the public trust placed into law enforcement, surrounds the misuse of paid details by twenty-six officers of the MPD from February 28, 2018 through April 25, 2018 during a construction project being performed by Feeney Brothers Construction. This misuse was not discovered until Fall 2019, at which time a full investigation was launched, and the officers involved were disciplined by the prior administration.

Following the officers’ discipline and the 2019 investigation, in January, 2020, the Middlesex District Attorney placed these officers on the so-called “Brady” list – a list that is created and maintained by the D.A.’s Office of officers whose conduct may be used to undermine their testimonial credibility in criminal proceedings.

Though the initial disciplinary actions and decisions were not mine to make, I promised a thorough response to the implication of the Brady letters, including outside review and assistance charting a path forward in the best interests of the city. As I said in February when I announced our approach moving forward, discipline for the conduct from 2018 was already handed down when I took office; and while additional or increased discipline was not an option for my administration, I would have handled discipline differently, and in some cases more strongly.

What we were faced in February with was the implications of the new development – the inclusion of these officers on the Brady list.

Therefore, because of the unprecedented nature of the issue and the potential implications, I engaged the services of former United States Attorney Carmen Ortiz to advise the City and assist in charting a path forward – one that protects our residents, one that recognizes the seriousness of the matter, one that maintains operational functionality for the department, and one that will help restore public trust at a critical time for policing in Medford, Massachusetts, and the United States.

I conveyed to Attorney Ortiz my concern was not only the ability for the City and Medford Police Department to move forward, but the ability to protect Medford residents who rely on officers to be key witnesses in criminal cases and the fact that these officers credibility could be made an issue, their reliability questioned, and that cases could be placed at risk.

This week I received Attorney Ortiz’ report and as I promised earlier this year, I want to share her findings with the community. I vowed to you to be transparent with all that we do in city government. Being transparent does not mean only sharing positive stories and promoting ways that we are moving forward as a city. Being transparent means committing to be open and honest with the community, about the triumphs, the challenges, and everything in between. While this report is marked as privileged, I am making it available for the public to view.

Attorney Ortiz’s review

In February 2020, I engaged the services of former United States Attorney Carmen Ortiz to advise the City on this matter. Although the completion of the report was delayed by the unforeseen COVID-19 pandemic, Attorney Ortiz released her final analysis and recommendations to the City of Medford in November 2020. Her report gave valuable insight into the application of Brady in Massachusetts and Federal courts and helped inform the decision on a path forward. Notably, Attorney Oritz found:

• “Although there were a number of officers who engaged in numerous violations and could have been more seriously disciplined or fired, no officer was terminated from the Department for their role in the payroll scheme.” See Ortiz Report, Page 2
• “Inclusion on a Brady list, both as a reminder of past misconduct and as an indication that an officer has been found to be dishonest, undermines the public trust and can erode the relationship between the community and law enforcement.” See Ortiz Report, Page 4.
• Re: Testimony in Massachusetts State Courts: “multiple Department violations and improprieties over the course of the Feeney Brothers detail by a single officer are more likely to contribute to a reputation for untruthfulness, so the officers who were found to have committed numerous violations are at greater risk of impeachment.” See Ortiz Report, Page 7.
• “A Medford police officer who serves as a witness in federal court is…far more likely to be confronted with cross-examination about the Feeney Brothers misconduct than if a witness in state court.” See Ortiz Report, Page 7.
• “The potential impact [in court] of the Feeney Brothers detail misconduct is likely to decrease with time. The remoteness of specific acts of misconduct is a factor that courts consider in weighing their probative value.” See Ortiz Report, Page 7.
• “[W]hile numerous violations may not make it substantially more likely that the officer’s prior discipline will be admitted in a criminal trial, prosecutors may nonetheless be less willing to bring a case that relies heavily on testimony from an officer with an extensive disciplinary history due to the concerns described above relating to the officer’s reputation for integrity. Relatedly, if an officer engaged in only one or two Department policy violations during the Feeney detail over two years ago and otherwise has a stellar record, that one lapse in judgement should not prevent their being considered for and given a promotion in due time” See Ortiz Report, Page 9.
• “Inclusion on the Brady list due to a finding of misconduct related to the Feeney Brothers detail qualifies as prior discipline for dishonest actions, as well as substantive verification of irresponsibility or poor judgment, all of which are legitimate reasons for declining to promote an officer under the promotion standards.” See Ortiz Report, Page 8.
• “[In] making personnel decisions that advance an officer’s assignment or grade through promotions, it is important that there has been sufficient passage of time from the date that the officer engaged in the detail misconduct to establish that the officer has attempted to regain the public’s trust and confidence, including by establishing that they have performed their duties since the Feeney detail with honor and integrity.” See Ortiz Report, Page 11.
• “With respect to the officers involved in the Feeney detail matter, the number and severity of an individual officer’s Department policy and rule violations—and the corresponding severity of their discipline—should be a significant factor.” See Ortiz Report, Page 9.

So, what’s next?

Moving forward, we will apply the guidance we received from Attorney Ortiz relative to Brady when making promotion and assignment decisions for the affected officers. We will look at the number of offenses, the severity of the conduct, the officer’s actions since the scandal, and their level of understanding and contrition for their actions when deciding if promotions or sensitive assignments are appropriate and in the best interests of the people of Medford.

I will personally interview and assess every promotion and sensitive assignment for the police department. It is critical that we restore the public trust in the Medford Police Department and ensure public safety.

This has been among the most challenging issues I have faced since taking office in January. Now, more than ever, trust in the police is of paramount concern to me and the public. We need to take steps to begin to restore that trust. I thank Attorney Ortiz for her hard work and counsel in helping chart a path forward.

Moving Forward

Understanding the implications of Brady is only one part of how we move forward. Together with Chief of Police Jack Buckley, we are committed to restoring the public’s trust in our police department, and to support a culture and practice of policing that reflects the values of protection and promoting dignity and respect for all community members.

We have an opportunity to reflect on and change certain policies and procedures. At the same time, I want to also acknowledge the hard work and the good work of the many women and men of the Medford Police Department who are committed to the City and its residents.

Over the last 10 months, the Medford Police Department began or expedited ongoing review and updating of existing policies, expanded training opportunities for all personnel, and is working proactively with the community to be sure we are meeting the needs of all residents when it comes to protecting and serving this community.

In February, I asked Chief Buckley to detail changes made within the Medford Police Department in light of the investigation in Fall 2019. His thorough response is included here for the community’s review. Additional, detailed information about all of the MPD’s ongoing initiatives, updates, and policy review can be found within the City of Medford’s Social Justice Roadmap, published in September 2020, which is available at www.medfordma.org/mayor/social-justice.

There is a lot of amazing work being done within the MPD, and with the community at large, and while we have more work to do to restore the public’s trust, we remain committed to that goal and we will work together to move forward.

Documents Included:

1. Full report by Attorney Ortiz (November 2020)
2. Op-ed by Mayor Lungo-Koehn (February 2020)
3. Response from Chief Buckley (July 2020)
4. City of Medford's Social Justice Roadmap (Updated October 2020)

_________________________________

Breanna Lungo-Koehn, Mayor

Jackie Piques | November 6, 2020 at 2:02 pm | Categories: Uncategorized | URL: https://www.medfordma.org/?p=18860

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