FALL RIVER — Defense attorneys with cases involving two police officers accused of making false reports had a right to know what they did, according to a Supreme Judicial Court ruling issued Tuesday.
The court said Bristol County District Attorney’s office had a legal right and duty when prosecutors moved on a ruling from a lower court judge to notify criminal defendants that two Fall River police officers admitted to filing false use-of-force police reports during grand jury proceedings against a fellow officer.
“I am pleased that they affirmed what we thought was a fair and balanced approach to this issue. They thought we acted appropriately and did the right thing,” said Quinn. “The decision gives further clarification to a prosecutor’s duties when dealing with exculpatory information of this nature.”
Quinn said the issue is unique because of the secrecy of grand jury testimonies.
Fall River Patrol Officers Thomas Roberts and Shawn Aguiar, who remain on the police force, filed an appeal to the SJC in October 2019. At issue, the ruling by Superior Court Judge Sharon E. Donatelle that allowed the office of Bristol County District Attorney Thomas Quinn III to release any exculpatory evidence to defense attorneys with cases associated with the two officers.
It includes the release of information to the defense attorney of Fall River Patrol Officer Michael Pessoa, who was indicted in June 2019 on 15 felony criminal charges related to allegations of excessive use of force against a number of alleged victims during arrests.
Charges involved the arrest of four people who accused Pessoa of assault. The DA dropped charges against the alleged victims after the 17-year veteran police officer was indicted.
Robert and Aguiar received immunity from criminal prosecution in exchange for their testimony against Pessoa who is on unpaid leave from the police department and awaiting trial.
The two police officers’ attorney, Edward P. Harrington, declined to comment for this story.
Known as the Brady Rule, prosecutors have a legal obligation to release any exculpatory information that could affect the outcome of a defendant’s trial.
In the sometimes strongly worded opinion, the SJC was clear that prosecutors should not withhold information even if they believe it would not violate a defendant’s right to a fair trial.
“Rather, once the information is determined to be exculpatory, it should be disclosed -- period.”
SJC also weighed in on whether the DA could disclose Roberts and Aguiar’s grand jury testimony of filing false police reports to the department’s chief of police.
Donatelle, while upholding the Brady Rule for prosecutors to disclose information to defense attorneys, denied the DA from informing Albert Dupere, who was police chief at the time.
The Superior Court judge declared that due to public statements made at the time by Dupere and reports in the media, the police department had ample information to begin disciplinary actions against Roberts and Aguiar.
In August 2019, The Herald News reported on the DA’s motions to disclose the secret testimony of the two officers and to provide the information to Dupere.
Although Quinn had not pushed the issue in its appeal, the SJC ruled in favor that the officers’ superior should be notified of their testimony. The SJC judges indicated that guidance was needed on the issue if the information had not been made public.
“If the witness, in the course of providing immunized testimony, admits that he lied, cheated, or killed, the witness may not be prosecuted for that illegal conduct, criminally or civilly; but nothing in the immunity statute or order protects the witness from being fired by his employer or shunned by his community because of the misconduct he revealed,” stated in the SJC opinion.
Roberts and Aguiar were placed desk duty by former Chief Dupere last summer. Current Police Chief Jeffrey Cardoza said he’s been in contact with the DA’s office and City Corporation Counsel Alan Rumsey regarding the SJC decision.
“I consider this to be a very serious matter. Maintaining the community's trust is paramount to our success as an agency. I cannot comment any further due to this being an open investigation," said Cardoza.
Email Jo C. Goode at jgoode@heraldnews.com