Career police officer charged with receiving payoffs found not guilty

A well-respected, 17-year veteran police officer for a large city, family man, and father of two children, saw his career and life disintegrate when he was accused of providing information about criminal investigations to a local crime boss and receiving payoffs. He was subsequently indicted for allegedly lying about it to a Federal Grand Jury and for obstructing justice. The police officer was immediately suspended without pay from the police force.

The police officer insisted he was innocent. But he also realized, practically, that if even an honest, law-abiding person such as himself could be accused, that other, perhaps stronger, unseen forces were possibly at play and he could also actually be found guilty. He looked around for the firm he believed best able to mount a forceful defense and hired the top gun attorneys at Denner Pellegrino, who immediately came out blazing when they accused the United States of outrageous governmental conduct in connection with how the indictments were obtained. The case was eventually tried in front of a federal jury. During the trial, Denner●Pellegrino attorneys Brad Bailey and Jeffrey Denner effectively argued that the government’s evidence was unreliable and non-trustworthy since it was based solely on the testimony of two cooperating witnesses, including the alleged crime boss, who were the beneficiaries of substantial sentence reductions in exchange for their “bought” testimony. The attorneys argued that the governmental witnesses were the real perjurers in the case, and suggested that the government’s case was full of reasonable doubts.

Result: The police officer was found “Not Guilty” on all counts and was immediately reinstated into his job with the police force. Denner●Pellegrino attorneys are now in the process of pushing for the innocent police officer to receive all back pay he lost during the two years he was suspended from his job.

1) Result in headlines: The Fall River Herald News-

A) “Accused Police Officer Not Guilty”

B) “Accused Police Officer Acquitted”

2) Quote of Police Officer after receiving “Not Guilty” verdict:

• “The Chief said he had something for me…..my badge.”

3) Quote of Jeffrey Denner:

• “Justice was absolutely done in this case, and Attorney Brad Bailey and myself can’t be more pleased.”

4) The prosecuting attorney “congratulated the defense for doing a ‘thorough job.’ FRiver, Herald News, May 10, 2006

Our client, who had outstanding warrants against him, possessed a small amount of contraband in the car he was driving, had recently used heroin, and was being followed by the police, refused to stop, and was pursued. He lost control of the car and smashed into a telephone pole. He then opened the car door, heard someone say “stop” or “freeze” and started to run away. A Medford police officer fired a single gunshot, which struck the plaintiff in his lower back. The officer had shot at least one other civilian in the past, also allegedly in the line of duty.

A witness observed the incident and intended to support the police officer’s story; however, her version of events instead supported our client’s in several respects. The witness never saw the plaintiff touch or threaten any police officer after he got out of the car. Even from a distance, she could see that the plaintiff was dazed, had no weapon and was running away from the shooter at the time of the firing. The officer claimed he drew his weapon appropriately, but he could not recall actually firing it. He suggested that the gun may have discharged by accident. Denner Pellegrino Attorneys Jeffrey Denner and Robert Sinsheimer produced testimony that the trigger-pull required eight to nine pounds of pressure. The bullet had shattered our client’s kidney and severed his aorta. During his stay in the medical system he was able to overcome his drug habit.

Result:A settlement of $475,000.00 with a substantial reduction of the medical lien

In 2004 a promising University dental student, age 32, was convicted of forcibly raping a 28-year-old young woman in the back seat of his car after a night of drinking. He was sentenced to six years in state prison and his license to practice dentistry was revoked.

One day into beginning his sentence, the dental student hired the Denner●Pellegrino law firm to orchestrate his appeal. Denner●Pellegrino attorneys Brad Bailey and Jeffrey Denner successfully argued to the Appeals Court that the judge in the first trial had failed to properly instruct jurors on the relationship between a victim’s intoxication and consent. The attorneys further argued that the instruction actually given was insufficient and erroneous because it failed to explain that the jury needed not simply to find that the victim was intoxicated but also that the victim’s level of intoxication was such that she was incapable of consenting. Our attorneys also argued that the dentist did not have a fair trial because the judge promised to give a similar instruction twice, and then failed to do so.

Result:

On September 11, 2006, the State Appeals Court reversed the guilty verdict.

Result, as described in The Boston Herald, (no date noted):

• “Judge’s Error on sex consent nixes rape rap”

And The Boston Herald on 9/22/2006:

• “Appeal frees dentist in rape case”

BOSTON – The murder case against Edmund Burke appeared strong from the outset: A reclusive handyman whose teeth matched bite marks left on a grandmother murdered during her morning stroll in a park near his home.

Now, prosecutors are conceding they don’t have enough evidence and have set Burke free six weeks after his arrest.

”It’s an ethical decision,” Norfolk District Attorney William Keating said Wednesday after announcing his office was backing away from the case against Burke.

”People’s freedom should not be abridged when you do not have evidence that is mature enough or advanced enough to keep moving along in the legal process.”

The move followed two major blows to the prosecution’s case.

Earlier this month, genetic tests showed that saliva taken from bite marks on Irene Kennedy’s body did not match Burke’s DNA.

Then last week, authorities said two hand prints taken from the victim’s body also did not match the 48-year-old Burke.

Authorities had focused on Burke – a brother-in-law of one of Mrs. Kennedy’s daughters – shortly after Mrs. Kennedy, of Foxboro, was found stabbed more than 29 times on Dec. 1.

A petition filed Wednesday in court, known as a ”nolle prosequi,” legally means that the state will not prosecute the murder charge against Burke.

With a suspect still on the loose, authorities said the murder investigation remained open, and Burke could be brought back to court if new evidence arises.

Keating said no one has been excluded as a suspect in the death of the 75-year-old woman.

Defense lawyer Jeffrey Denner, however, said the move exonerated his client.

”This case has ended. The case is over,” he said.

Although Burke could be charged again that would be extremely unlikely after the charges have effectively been dropped, said Marc Perlin, an assistant dean at Suffolk University and a specialist in court procedure.

Burke denied killing Mrs. Kennedy at a Boston news conference with his attorney Wednesday, and said he was relieved to be free from the Norfolk County Jail.

”It’s the worst thing that can happen to you,” said Burke, who wore sneakers with no laces – they had been taken from him by jail officials.

”A month in jail for something you didn’t do is much worse than a month in jail,” said Burke, who was hoping to return to his Walpole home later Wednesday.

His home, meanwhile, needed some repairs. During his time in prison, the power was shut off and the pipes burst, leaving the house without heat.

Burke was arrested Dec. 10, nine days after Mrs. Kennedy was found dead in Francis William Bird Park, where she and her husband took a daily walk.

During their morning routine, the Foxboro couple would separate for a time in the park, then meet up again later. When Mrs. Kennedy didn’t return at the appointed spot, her husband, Thomas, found her bitten, beaten, mutilated and stabbed.

A police dog followed a scent to Burke’s house, where he lived with his mother and more than 20 cats. Burke said a police dog named Shane was attracted by the scent of the cats.

The case was complicated by the fact that Keating inherited it from former District Attorney Jeffrey Locke, who left office earlier this month after losing the elected seat to Keating last fall.

One of Keating’s first tasks was re-evaluating the high-profile killing.

Back in Walpole Wednesday, residents worried that a killer was still on the loose.

”If it’s not him, who did it?” asked Beth Cunningham, who lives down the street from Burke. ”We felt some closure when he was first taken in because of the evidence we thought they had on him.”