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Police chief cleared of wrongdoing
By DAVE GERSHMAN
Staff wr
BOSTON | An assistant clerk magistrate yesterday cleared Salem Police Chief Robert St. Pierre of wrongdoing in filling out an application for a machine gun license two years ago.
The chief sat in a courtroom accompanied by his lawyer and facing his second-in-command, Capt. Paul Murphy, who was trying to persuade the clerk the chief's application for a machine gun license contained false statements. But after half an hour, the clerk closed the hearing, then immediately announced that Murphy had not presented enough evidence for her to charge the chief with a crime.
In a statement released by his lawyer, St. Pierre said he was glad that an attempt to discredit him had failed.
"When someone in a trusted position attempts to discredit their work out of some misguided self-interest, no one wins," St. Pierre said. "Nevertheless, as a department we will move on. We will continue to provide the same high level of public protection that the citizens of Salem have come to expect."
Murphy, however, indicated he was only trying to be a good cop.
"All I can tell you is I did my job based on the information I had," he said.
New details disclosed in court -- and in documents made public yesterday -- show the depth of the rift between the two. The discord apparently flared up last year, when Murphy was placed on a lengthy administrative leave after he apparently became dissatisfied with an internal investigation into complaints made by his daughter, who is a Salem patrolman, against other officers.
In April, after he had returned to work following the suspension, Murphy left a note on the chief's desk seeking a private meeting.
"It is in your best interest to have a frank, off the record, talk with me about your future with the department," Murphy wrote. "I am giving you the opportunity to talk with me, before I do what I have to do, an opportunity that was never afforded me. If I don't receive an answer by Thursday, your future with the department and your reputation will be in great peril."
In May, he filed paperwork that sparked the court hearing.
At one point, the chief's attorney asked Murphy about a conversation he allegedly had with a retired Salem police officer. Murphy was asked whether he had said that he wanted to stay on the police force "just so you could (explicative) with the chief."
Mayor Stanley Usovicz said he was pleased with the outcome of the hearing. Usovicz handed Murphy a suspension with pay last month, pending an internal investigation by Capt. Paul Tucker. The mayor said Tucker's work should be complete within the next several weeks. The mayor said Murphy's action was meant to "damage and disrupt" the chief and the department.
"Accusations of this sort are dangerous, even when they're false," the mayor said. "They're meant to be destructive."
The hearing was moved to Charlestown District Court after Salem officials sought neutral ground to avoid any appearance of a conflict of interest. During the hearing, the chief did not testify, but sat across from Murphy as Assistant Clerk Magistrate Deirdre Saltesz oversaw the proceedings.
Murphy had filed an application to charge the chief with falsifying his application to renew a license to carry a machine gun in order to obtain a license to which he was not entitled. The chief's lawyer, Randy Chapman, said Murphy was misinterpreting the firearms regulations. He presented several defenses, arguing in part that state law gives police chiefs the power to decide who qualifies for that type of gun license. Lt. Andre Ouellette, the Police Department's special investigator, was also called to testify.
At the close of the hearing, Saltesz immediately ruled that Murphy had not presented enough evidence for her to issue a formal complaint against the chief.
The hearing had initially been ruled closed to the public and press. But an attorney for The Salem News, Peter Caruso, arrived at the start of the hearing with a formal motion to open it, and indicated he would immediately file an appeal to a higher court when his motion was denied. At that point, the chief's attorney dropped his objection to opening the hearing. Documents entered into evidence by both sides subsequently were made public as well.
By DAVE GERSHMAN
Staff wr
BOSTON | An assistant clerk magistrate yesterday cleared Salem Police Chief Robert St. Pierre of wrongdoing in filling out an application for a machine gun license two years ago.
The chief sat in a courtroom accompanied by his lawyer and facing his second-in-command, Capt. Paul Murphy, who was trying to persuade the clerk the chief's application for a machine gun license contained false statements. But after half an hour, the clerk closed the hearing, then immediately announced that Murphy had not presented enough evidence for her to charge the chief with a crime.
In a statement released by his lawyer, St. Pierre said he was glad that an attempt to discredit him had failed.
"When someone in a trusted position attempts to discredit their work out of some misguided self-interest, no one wins," St. Pierre said. "Nevertheless, as a department we will move on. We will continue to provide the same high level of public protection that the citizens of Salem have come to expect."
Murphy, however, indicated he was only trying to be a good cop.
"All I can tell you is I did my job based on the information I had," he said.
New details disclosed in court -- and in documents made public yesterday -- show the depth of the rift between the two. The discord apparently flared up last year, when Murphy was placed on a lengthy administrative leave after he apparently became dissatisfied with an internal investigation into complaints made by his daughter, who is a Salem patrolman, against other officers.
In April, after he had returned to work following the suspension, Murphy left a note on the chief's desk seeking a private meeting.
"It is in your best interest to have a frank, off the record, talk with me about your future with the department," Murphy wrote. "I am giving you the opportunity to talk with me, before I do what I have to do, an opportunity that was never afforded me. If I don't receive an answer by Thursday, your future with the department and your reputation will be in great peril."
In May, he filed paperwork that sparked the court hearing.
At one point, the chief's attorney asked Murphy about a conversation he allegedly had with a retired Salem police officer. Murphy was asked whether he had said that he wanted to stay on the police force "just so you could (explicative) with the chief."
Mayor Stanley Usovicz said he was pleased with the outcome of the hearing. Usovicz handed Murphy a suspension with pay last month, pending an internal investigation by Capt. Paul Tucker. The mayor said Tucker's work should be complete within the next several weeks. The mayor said Murphy's action was meant to "damage and disrupt" the chief and the department.
"Accusations of this sort are dangerous, even when they're false," the mayor said. "They're meant to be destructive."
The hearing was moved to Charlestown District Court after Salem officials sought neutral ground to avoid any appearance of a conflict of interest. During the hearing, the chief did not testify, but sat across from Murphy as Assistant Clerk Magistrate Deirdre Saltesz oversaw the proceedings.
Murphy had filed an application to charge the chief with falsifying his application to renew a license to carry a machine gun in order to obtain a license to which he was not entitled. The chief's lawyer, Randy Chapman, said Murphy was misinterpreting the firearms regulations. He presented several defenses, arguing in part that state law gives police chiefs the power to decide who qualifies for that type of gun license. Lt. Andre Ouellette, the Police Department's special investigator, was also called to testify.
At the close of the hearing, Saltesz immediately ruled that Murphy had not presented enough evidence for her to issue a formal complaint against the chief.
The hearing had initially been ruled closed to the public and press. But an attorney for The Salem News, Peter Caruso, arrived at the start of the hearing with a formal motion to open it, and indicated he would immediately file an appeal to a higher court when his motion was denied. At that point, the chief's attorney dropped his objection to opening the hearing. Documents entered into evidence by both sides subsequently were made public as well.
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