The Fence: A Police Cover-Up Along Boston's Racial Divide (50 page)

O
THER
: Simons and Chabris, “Gorillas in Our Midst.”

R
ECORDS
: Conley trial transcript. Massachusetts 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 Cox home at Rundel Park in Dorchester.

N
EWS 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, Dick, “The Case for Kenny Conley,”
Boston Globe Sunday Magazine
, Sept. 23, 2001. Lehr, Dick, “Witness in ’95 Brutality Case Offers New Account,”
Boston Globe
, Sept. 17, 2006. Ranalli, Ralph, “Officer Sentenced for Perjury in Cop-Beating Case,”
Boston Herald
, Sept. 30, 1998.

N
OTES
: Several additional points about Smut 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 Smut, his mother, and Indira Pierce. In several telephone conversations with McAllister and a Boston FBI spokeswoman, McAllister initially denied ever having spoken with Smut Brown in the hallway during a recess in the trial. She later amended her position, saying she recalled an encounter but that Smut Brown never pointed out someone else (not Kenny Conley) as the man standing next to the Cox 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 Cox 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

S
WORN TESTIMONY AND STATEMENTS BY
: Kenny Conley (Cox trial deposition, Dateline NBC, Nov. 2, 1999); Kimberly Cox (Cox trial deposition); Michael Cox (Cox trial deposition, Dateline NBC, Nov. 2, 1999); James Hussey (Cox trial deposition).

I
NTERVIEWS
: James Burgio: Sept. 22, 2006. Kenny Conley: July 16, 2001. Willie Davis: March 30, 2006. Robert Sinsheimer: February 2008 (several). 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. Fran Robinson: March 30, 2006; Dec. 10, 2007. Judge William G. Young: April 6, 2005.

O
THER
: Tour of 5 Sutton Street, Dorchester.

R
ECORDS
: Cox trial transcript. Letter dated Aug. 24, 1998, from the attorney for Chris Ruggerio to the Boston Police Department regarding the conduct of James Burgio.
Ruggerio v. City of Boston, James Burgio, et al.
, 00-CV–12320-RCL, U.S. District Court, Boston. Massachusetts bar application of Robert Sinsheimer. Affidavit of Ann Marie Doherty, dated June 11, 1996. Psychiatric evaluation of Michael Cox by Dr. Ronald P. Winfield, dated May 11, 1997. Op-ed article written by Boston police commissioner Paul V. Evans,
Boston Globe
, June 27, 1996. Editorial, “A Criminal Police Silence,” critical of Commissioner Evans in the
Boston Globe
, Oct. 10, 1998.

N
EWS ARTICLES
: Bernstein, David, “$50 million Worth of Mistakes,”
Boston Phoenix
, Sept. 28, 2004. Dannen, Laura; Liesener, Katie; and Lux, Rachel, “System to Stem Police Perjury Not Implemented,”
Boston Globe
, Oct. 24, 2005. Doherty, William F., “Internal Affairs Head Gets Transfer: Police Unit Was Target of Criticism,”
Boston Globe
, Feb. 7, 1998. Farmelant, Scott, “Crossing the Blue Line—‘Code of Silence’ May Be Key in Police Abuse Suit,”
Boston Herald
, Nov. 22, 1998. Gelzinis, Peter, “Two Hub Cops Get What They Didn’t Deserve,”
Boston Herald
, Oct. 1, 1998. Murphy, Shelley, “Four Are Disciplined in Beating of Officer,”
Boston Globe
, Oct. 29, 1998. Murphy, Shelley, “Convicted Cop’s Bitterness Grows; Urges Peers to Own Up to Cox Beating,”
Boston Globe
, Oct. 29, 1998. Murphy, Shelley, “Beaten Officer’s Lawsuit Merits Trial, Judge Finds,”
Boston Globe
, Nov. 25, 1998. Vasquez, Daniel, “Witness of Officer’s Beating Is in Hospital After Shooting,”
Boston Globe
, Sept. 17, 1998. Vasquez, Daniel, “Beaten Officer Says His Dignity Was Taken,”
Boston Globe
, Oct. 30, 1998. Weber, David, “Cop Fired in Beating Case Accused in Bar Assault,”
Boston Herald
, Oct. 3, 2000. Zuckoff, Mitchell, “Judge Assails Police, Grants Man New Trial,”
Boston Globe
, Dec. 23, 1997.

CHAPTER 18: THE TRIAL

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: April 6, 2008. Carol Goslant: March 2, 2008; March 9, 2008. Willie Davis: March 30, 2006; March 4, 2008. Robert McDonough: March 4, 2008. Fran Robinson: March 30, 2006; Dec. 10, 2007; March 3, 2008; several e-mail exchanges. Robert Sinsheimer: February 2008 (several); several e-mail exchanges. Sharon Schwartz: March 7, 2008.

O
THER
: Tour of Judge Young’s courtroom, lobby, and jury room, April 6, 2005. Q&A with Judge Young in “Bench Conference” 1996 column in
Lawyer’s Weekly.
Holiday greeting card dated Dec. 23, 1998, sent by Carol Goslant to Michael Cox.

R
ECORDS
: Cox trial transcript.

N
EWS ARTICLES
: Campbell, Robert, “A Mixed Verdict on New US Courthouse,”
Boston Globe
, Sept. 7, 1998. Donlan, Ann E., “Many Cops Relieved That Justice Is Finally Done,”
Boston Herald
, Dec. 23, 1998. MacQuarrie, Brian, “Two Found Liable in Beating of Fellow Officer; a Third Policeman Also Implicated; Another Cleared,”
Boston Globe
, Dec. 23, 1998. Murphy, Shelley, “At Civil Rights Trial, Detective Recalls He Was Beaten,”
Boston Globe
, Dec. 9, 1998. Ranalli, Ralph, “He Kicked Me in the Mouth; Cox Testifies in Police Beating Lawsuit,”
Boston Herald
, Dec. 9, 1998. Ranalli, Ralph, “Lawyer for Accused Cops Attacks Victim’s Memory,”
Boston Herald
, Dec. 10, 1998. Ranalli, Ralph, “Hub Cops Found Liable in Officer’s Beating,”
Boston Herald
, Dec. 23, 1998.

EPILOGUE

S
WORN TESTIMONY AND STATEMENTS BY
: James Burgio (Burgio arbitration); Michael Cox (Dateline NBC, Nov. 2, 1999).

I
NTERVIEWS
: James Burgio: Sept. 22, 2006. Kenny Conley: July 11, 2001; Jan. 19, 2007. Michael Cox: March 12, 2006; Oct. 15, 2006; April 6, 2008. Craig Jones: Aug. 20, 2007. Vincent Johnson: 2006 (several telephone interviews). Bobby Dwan: Dec. 31, 2005; Dec. 5, 2006. Robert Sheketoff: Nov. 13, 1997; Dec. 14, 2005; Dec. 30, 2005; March 17, 2006. Robert Sinsheimer: April 1, 2008.

R
ECORDS
: Boston Police Department rank and promotion records for Isaac Thomas, David C. Murphy, Daniel D. Dovidio, Richard Walker. Videotape and written results of polygraph test administered to Bobby Dwan. Dwan arbitration, Jones arbitration, Burgio arbitration, and Williams arbitration.
United States v. Robert Brown III, Sylvester Gendraw, Maurice Payne, Donald Cook
, U.S. District Court, District of Massachusetts, criminal docket 99–10383.
United States v. Robert Brown III
, U.S. District Court, District of Maine, criminal docket 04–12. Letters written in 2006 by Peter Moulton and other correctional officers at the Cumberland County Jail in Portland, Maine, on behalf of Robert Brown III. Ruling in 2005 by U.S. District Court Judge William G. Young overturning Kenny Conley’s conviction, along with the First Circuit Court of Appeals ruling upholding the judge’s decision and the U.S. attorney’s decision not to retry Conley on perjury and obstruction of justice charges. Videotape of Harvard Law School forum on Dec. 9, 2000, on police brutality. Videotape of Jan. 27, 2007, gathering at the Florian Hall in Dorchester of friends and family of Kenny Conley.

B
OOK
: Bennett,
In the Ring
.

N
EWS ARTICLES
: Cramer, Maria, “Minority Police Group Cites Race in Disciplinary Action: The Murphy Case Raises Questions,”
Boston Globe
, Jan. 11, 2008. Dabilis, Andy, “City, Officer Seen Near Settlement in Beating Suit,”
Boston Globe
, Feb. 9, 1999. Editorial titled “Batterers with Badges,”
Boston Globe
, Dec. 30, 2007. Gelzinis, Peter, “Cop’s Suspension Appears to Retire Issues of Beating,”
Boston Herald
, Jan. 30, 2001. Latour, Francie, “Two Officers Fined in ’95 Cox Beating,”
Boston Globe
, Dec. 4, 1999. Latour, Francie, “Criminal Case in Cox Saga Is Closed; No Charges Are Filed in Officers’ Beating,”
Boston Globe
, Jan. 28, 2000. Latour, Francie, “Sergeant Suspended for Role in Cox Beating Probe,”
Boston Globe
, Jan. 30, 2001. Martinez, Jose, “Evans Cans Two Cops Accused in Cox Case,”
Boston Herald
, Dec. 4, 1999. Martinez, Jose, “‘Blue Wall’ Stymies Cop-Beating Probe,”
Boston Herald
, Jan. 28, 2000. McGrory, Brian, “One Disgrace After Another,”
Boston Globe
, Jan. 12, 1999. McGrory, Brian, “Cox Case Gets More Shameful,”
Boston Globe
, Feb. 2, 1999. Murphy, Shelley, “Beaten Officer Still Sees Honor in Police Work,”
Boston Globe
, Feb. 12, 1999. Nealon, Patricia, “City Reportedly to Pay Cox $900,000,”
Boston Globe
, Feb. 11, 1999. Smalley, Suzanne, “Hub Police Lieutenant Accused of Assault,”
Boston Globe
, March 8, 2007. Vasquez, Daniel, “Police Officers Being Scapegoated in Beating of Colleague, Lawyers Say,”
Boston Globe
, Jan. 29, 1999. Watson, Jamal E., “Louima, Others, Decry Police Brutality,”
Boston Globe
, Dec. 10, 2000.

N
OTES
: The second “time” for Kenny Conley at the Florian Hall in January 2007 was unabashedly celebratory, unlike the first that was held soon after Kenny’s indictment. It was a time for Kenny to thank his supporters. Those who spoke included Massachusetts Congressman William Delahunt and Kenny’s Washington lawyers Robert Bennett, Saul Pilchin, and Jonice Gray Tucker.

Following are updates on other police officers.

The three sergeants who’d botched the scene at Woodruff Way all went their separate ways. Isaac Thomas, for one, left the gang unit and went to work in the police station on Blue Hill Avenue in Mattapan. Daniel J. Dovidio and David C. Murphy eventually ran afoul of either department regulations or the law.

Dovidio, despite his obvious malfeasance at Woodruff Way, held on until 2001 when he reached the mandatory retirement age of sixty-five. Even so, a thirty-one-year career ended in disgrace when the department finally got around to holding him accountable. He spent his final days serving a forty-five-day suspension for neglect of duty—for ordering Williams and Burgio to file false reports and for failing to investigate the scene properly when he insisted he never saw Mike’s blood on the trunk of a cruiser. The lies, noted the department, “interfered with the ongoing investigation” into the Cox beating.