Mass. DUI Checkpoint Death: More Details
In a civil rights complaint (PDF) filed regarding the death of Kenneth Howe, who died as a result of injuries sustained at a Massachusetts DUI sobriety checkpoint in North Andover, Howe’s estate claims that Howe was “physically removed out of the vehicle, forced to the ground, beaten, handcuffed and placed in leg irons, and dragged to the police cruiser. As a result of the physical beatings and/or the delayed calling for medical services, Kenneth died in North Andover Police and/or Massachusetts State Police custody on or about November 26, 2009. The Office of the Chief Medical Examiner has ruled that Kenneth’s death is a homicide, caused by a ‘blunt impact of head and torso with compression of chest.’”
The complaint (PDF) also admits that Howe, who was riding in his friend’s pick-up truck, was smoking a marijuana cigarette as it approached the DUI checkpoint. The complaint further states that Trooper Gerardi forcefully removed Kenneth from the truck and screamed, “He assaulted me!” It seems that the police smelled marijuana, were investigating further, and Howe became combative, resistant, and physically assaulted Trooper Gerardi. The complaint denies that Howe struck Trooper Gerardi. However, Howe’s attorney would not know if he did or not. Also, it is highly unlikely that Gerardi spontaneously exclaimed that she was assaulted without a reason.
The complaint states that there was a pit bull riding in the vehicle and it goes on to describe the pit bull as a “docile family dog.” A newspaper photographer from the Eagle-Tribune newspaper took 43 photogrpahs of the incident, according to the complaint.
The case is still being investigated.
Would you be able to also present the other side of the story, i.e. also post Trooper Gerardi's Arrest Report?
Thanks.
I'd love to post a copy of the police report. However, unfortunately, it is not a public record. The complaint is public because it was filed in court. There are definitely two sides to the story and I am hopeful that the facts will come out in court. I know the officers have two very good lawyers, Lenny Kesten and Tim Burke, both personal friends of mine.
I'm sorry, but there seems an important point of record to discuss here.
As I said previously, I believe that MSP arrest reports (and indeed all police reports) are a matter of public record. This viewpoint is supported by William Galvin's SPR Bulletin NO. 3-03 November 21, 2003, which states the following:
"""
[...]
Part I. Rules of Public Records
1. Anyone can get any police record at anytime upon request. The record may be redacted to remove bits of information such as witness and victim's names and addresses. After a redaction takes place, you must explain in writing to the requester what information was redacted and the specific reasons why the record was sanitized. The remaining portions of the record must then be released.
2. No one may inquire as to the person’s identity or the motive behind asking for the record. The request may be oral or written. Every requester should get the same record as every other requester; the status or involvement of someone is immaterial. A person actually involved in the incident has no greater rights than anyone else requesting the record.
3. You cannot require someone get a court order, subpoena or warrant in order to get a copy of a record.
[...]
"""
This clearly contradicts the reply to my 1st comment. If the above information no longer applies could you please be kind enough to inform me where this new policy has been documented?
Otherwise, I believe it incumbent on you to correct your statement that the police report is not a public record.
Furthermore, I believe the initial police report must be filed within 48 hours of an arrest in conformance with the legal requirement that an arrestee be arraigned within the same time frame.
Indeed, from the TV reports, which presumably have a copy, we learn the Trooper Gerardi's report is Case 2009-0A1-006372.
I'm sorry for this misunderstanding, but I believe it an important matter to clear up, especially given the valuable public service your blog supplies.
The general reference for public records in Massachusetts can be found here:
http://www.sec.state.ma.us/pre/preidx.htm
(i.e. the MA Public Records Division homepage
[William Galvin - Secretary of the Commonwealth])