Were they off-duty or on the public's dime? Cops who turned out for arraignment violated BPD policy or state law
Scores of uniformed Boston Police officers turned out inside and outside Roxbury District Court March 19 in a show of support for patrolman Nicholas O’Malley, who is charged with manslaughter.
It was highly unusual when Suffolk County District Attorney Kevin Hayden charged a Boston Police officer with manslaughter in connection with the shooting of an unarmed, fleeing suspect.
What followed at the officer’s March 19 arraignment was not necessarily unusual: scores of patrolman Nicholas O’Malley’s fellow officers turned out inside and outside Roxbury District Court in a show of support. Not unusual, but, according to criminal defense attorney Christian Williams, it was illegal.
In a letter to the Boston Police Department’s Internal Affairs Division, Williams cited Massachusetts General Laws Chapter 268, Section 13A, which bars people from picketing or parading in or near a building housing a court of the commonwealth — a violation that carries a fine of up to $5,000 and up to a year of jail time.
Williams notes that officers standing outside the courthouse formed a cordon directly in front of the front doors and at one point blocked press photographers from taking photos of O’Malley as he exited the building.
“These officers were not present in any official capacity — they were present as off-duty spectators and supporters of a fellow officer charged with voluntary manslaughter,” Williams wrote in his complaint to IAD. “Some officers carried firearms, and tazers, many wore body worn cameras on the outside of their uniforms.”
In addition to what Williams says is a violation of state law, he also cited departmental policy, noting BPD Rule 306 bars officers from wearing their uniforms while participating in off-duty activities “such as marches, rallies or any other public demonstration.” Officers photographed in the courtroom on the 19th were wearing their uniforms and had service weapons in their holsters.
“I noticed they were breaking their own rules,” Williams told the Flipside. “They’re not supposed to be going around strapped, with their body cameras while they’re not on duty.”
Were the officers on-duty while appearing in and outside the court — in effect, supporting a colleague who’s run afoul of the law while on the public payroll — that would be an even bigger problem, Williams noted.
“Then the mayor and the city are paying them to do biased political activity,” he said.
The Boston Police Department’s Media Relations office did not respond to a request for comment on this story, nor did they confirm whether the 40-60 officers seen in photographs from March 19 were on or off duty.
“I think it’s inappropriate, whether they’re on duty of off duty,” said at-large Councilor Julia Mejia. “They have no business there. They should have taken a day off and gone in civilian clothing.”
Henry Santana, who heads the City Council’s Public Safety and Criminal Justice Committee, did not respond to a request for comment on the matter.
