Some Michael Proctor hearings likely delayed as ex-trooper fights termination
The Civil Service Commission appears likely to delay much of the previously scheduled in-person hearing on former Massachusetts State Police trooper Michael Proctor's appeal of his termination, as he fights to get his job back.
Proctor, the lead investigator in the Karen Read and other high-profile cases, was terminated by state police in March largely for the derogatory texts he sent about Read during the investigation into the death of her boyfriend. Not long after, he appealed his firing to the Civil Service Commission, the body responsible for overseeing appeals filed by state and municipal employees on a range of issues, including firings.
The commission set five days of in-person hearings on Proctor's appeal: Aug. 19, 20, 21, 26 and 27. But at a status conference Monday afternoon, lawyers for Proctor and state police indicated it was unlikely they would be able to move forward with the entirety of the case that quickly.
Proctor, wearing a jacket and tie, did not speak during the virtual hearing except to state his name at the beginning and thank the commission at its conclusion.
On Monday, lawyers for both sides suggested Proctor's hearing be bifurcated — with state police to present its case in August, and Proctor to present his in October. State police intend to call just one witness at the hearing, Det. Lt. Kevin Dwyer. The lawyers indicated they could complete the direct and cross examinations of Dwyer at the latter two August hearing dates.
Essentially, Proctor would present his case as it applies to whether there was just cause to fire him in August, then present his case on the issue of disparate treatment in October, his lawyer, Daniel Moynihan, said.
While the commission did not immediately rule on the request, Chair Christopher Bowman said he anticipated its ruling would be to move forward in late August, then again in October.
Status of discovery
A lawyer representing the state police, Stephen Carley, said the agency needed more time to comply with requests for information made by Proctor's lawyers.
Specifically, Proctor's lawyers asked for the contents of 269 disciplinary files after visiting state police headquarters last month. But, according to Moynihan, they had received only five in the weeks following that visit.
Moynihan had also requested emails from state police to move forward on the just cause argument, which Carley said he anticipated being able to turn over ahead of the Aug. 26 date set for the hearing.
Bowman, the civil service chair, set several deadlines for the lawyers on Monday.
State police must disclose its list of exhibits and participants to the commission by Aug. 12. Proctor's lawyers must file any motions regarding the evidence in the case by Aug. 13. On that date, lawyers for both sides must also submit dates in October where they can hold the hearing.
Bowman also set a Sept. 15 for all discovery related to the issue of disparate treatment — the portion of the hearing being held in October.
Why was Proctor fired?
A State Police Trial Board, after three full days of hearings between January and March, found Proctor guilty of violating two State Police regulations: unsatisfactory performance and alcoholic beverages.
Col. Geoffrey Noble accepted the board's recommendation to terminate Proctor.
The unsatisfactory performance charge is directly tied to the Read investigation. The trial board found Proctor sent "derogatory, defamatory, disparaging and/or otherwise inappropriate text messages" about Read to other individuals.
The board also found Proctor provided "sensitive and/or confidential information" about Read, potential witnesses, and/or potential investigative steps in the case to non-law enforcement personnel.
During Read's trial, he testified about texting his sister and friends from high school about the investigation during its early stages.
The alcoholic beverages violation is tied to a cold case investigation on Cape Cod, during which Proctor and a Canton Police detective got drinks.
"My decision to terminate Mr. Proctor follows a thorough, fair, and impartial process," Noble said in a statement announcing the firing in March.
Brian Williams, the president of the State Police Association of Massachusetts, said the process leading to Proctor's firing was flawed.
"The Department's decision to sacrifice Trooper Proctor to appease the media rather than making a decision based on the facts and evidence presented during the trial board is disappointing but not surprising," Williams said in a statement. "The Association believes that Trooper Proctor's termination is excessive."
More about the case
Read the original article on MassLive .
