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  • LPD Independent Investigation Missing Person DEC 16

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    LPD Independent Investigation Missing Person DEC 16

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    LPD Independent Investigation Missing Person DEC 16

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    789 vues49 pages

    LPD Independent Investigation Missing Person DEC 16

    Transféré par

    Dan Rivera
    LPD Independent Investigation Missing Person DEC 16

    Droits d'auteur :

    © All Rights Reserved
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    GreenbergTraurig tinsiowon temo eases emote ‘March 28, 2017 VIA E-MAIL AND UPS OVERNIGHT MAIL. Mayor Daniel Rivera City of Lawrence 200 Common Street Lawrence, Massachusetts (1840 Re: Independent Investigation into Lawrence Police Department Response to the Disappearance of Lee Manuel Viloria-Paulino ear Mayor Rivera As you know, Lee Manuel Vilori-Paulino (“Lee Manue!”) disappeared in Lawrence on November 18,2016, His body was discovered on December 1, 2016. A week later on December 8, 2016, you asked us along with Boston Police Deputy Superintendent Norma Ayala and former FBI Agext Dennis Aiken fo conduct an independent investigation into the Lawrence Police Depastment’s response to the disappearance of Lee Manuel. We ‘want to report back to you on the status of our investigation, CORRESPONDENCE (On December 14, 2016, we met with you and your Chief of Staff to discuss our objectives with respect to the Lee Manuel's matter and to make clear that our investigation would be independent and that we would not provide you with an ‘opportunity to edit ou findings. (On December 15, 2016, we received a copy of letter from Essex District Attomey Jonathan Blodgett to Lawrence Police Chief James Fitzpatrck.* District Attorney Blodgett expressed concerns about how our investigation might impact the criminal investigation he was conducting, The District Attomey concluded: “General inquiry may "We wil se the term Lee Mantel insted ofthe more formal Me. Vili {premeoberta tis was a 16 ear ol juvenile who was murdered. "acopy ofthe December 15, 216 eters attached hereto as Exhibit ino because tis important Mayor Daniel Rivera ‘Mareh 28, 2017 Page 2 ‘be conducted into the LPD protocols in missing person cases, but forthe reasons just discussed [in the letter], I must request that officers not be questioned at this time ‘concerning the instant mater.” (On December 22,2016, we received a copy ofa letter from attomey Alan McDonald to City Attorney Charles D. Boddy, J? Mr. MeDonald represents the Lawrence Police Superior Officer's Association and citing District Attomey Blodgett’s December 15, 2016 letter requested “that officers involved in the investigation of Mr, Vilori-Paulino's ‘ease note required to undergo questioning until the investigation and prosecution ofthe case have been completed.” Mr. MeDonald went even further than District Attomey Blodget, however, and expressed his doubts as to whether an inquiry “directed at ‘generalized handling of missing persons” was “worth the time, expense, effort and risk.” (On January 3, 2017, Lawrence Police Chief Fitzpatrick wrote to Mark Berthiaume* Chief Paeick's letter was very general and provided no specifies about Lee Manuel's case. In addition, the leter provided: “Also be advised that dislosure of police reports concerning the ongoing criminal investigation to non-law enforcement personnel violates G.L.¢. 6, $§ 167, 178, which proserbe dissemination of ‘Criminal Offender Record Information’ (‘CORI’) and provide for civil and criminal penalties for unlawful dissemination.” On that bess, the Lawrence Police Department id not provide us with a copy ofthe police report. The liter did, however, make clear to us thatthe Lawrence Police Department dacs net have written guidelines and policies for responding to missing person eases, (We will address the lack of written guidelines and policies below) (On January 5, 2017, Mark Berthiaume wrote to District Attorney Blodgett in an attempt to address the Distict Atoeney’s concer and make clear the type of general information we were secking from the Lavwrence Police Department’ As you can see from the January 5, 2017 letter, we listed 11 questions which, at lest in our estimation, ‘would not impact the District Attomey"s criminal investigation, We also explained that ‘we were prepared toe Mexible (On January 18, 2017, Lawrenes Police Chief Fitzpatrick wrote to Mark Berthiaume and Indicated he was writing in esponse to the January 5, 2017 letter to District Attorney Blodgett® In this new letter, Chief Fitzpatrick provided one addtional paragraph of information to us * a copy ofthe December 22,2016 eter attach hereto 2 Exibit2 A copy ofthe January 3, 2017 eters tached hereto a Ex 3 5 A copy ofthe Janay 5, 2017 eter etched hereto as Exit A copy ofthe Say 18,201 eter each ert a Ebi 5 Mayor Daniel Rivera ‘March 28, 2017 Page 3 On Saturday November 19, 2016, at 4:24 P.M., Mr. Paulino’s family member arrived a the LPD and filled out a missing person report. That date, Mr. Paulino's name andinformation were entered into NCIC and a department-wide BOLO was issued, n which relevant information, including Mr. Paulino’s picture, \was provided to officers at rll call and entered into Digital Headquarters. The following day (Sunday, November 20), a detective was specially assigned to the case, who that day interviewed ten individuals eoneeming the disappearance, ‘Also that day, Me. Paulino’s information and picture were posted to the LPD Facebook and Twiter pages, with instruction to call the assigned Detective with ‘ny information on is whereabouts. The investigation, including numerous additional interviews of relatives, friends and classmates of Mr. Paulino, continued in the ensuing days, leading to the discovery of Mr. Paulino’s body. Officers in addition tothe assigned detective asisted inthe investigation. ‘Without speaking tothe police officers involved, we cannot confirm what is contained in Chief Fitzparick’s letter. We did confirm, however, that the Lawrence Police Department tweeted a photygraph of Lee Manuel together with the Detetive's name and telephone number on November 20 and 22, 2016. (The Lawrence Police twitter handle (Glawrencepolice) bas 6,653 followers.) The Lawrence Police also posted a picture of Lee Manuel to its Facebook page on November 22, 2016, (The Lawrence Police Facebook page has 8,069 followers.) MEETING WITH LEE MANUEL'S GRANDPARENTS (On January 24, 2017, Boston Police Deputy Superintendent Ayala and Angel Taveras ‘met with Lee Manuel's grandparents to diseuss the Lawrence Police Department's response to Lee Manuel's disappearance, To maintain the integrity of our independent investigation we will not discuss details of our conversation until we have the opportunity to interview relevant members of the Lawrence Police Department. PROTOCOLS ‘As mentioned above, the January 3, 2017 leter from Lawrence Police Chief Fitzpatrick ‘outlined the LPD protocols related to missing persons. The Lawrence Police Department does not have written guidelines and polices for responding to missing person cases Based on the foregoing, we recommend thatthe Lawrence Police Department adopt ‘writen guidelines and polices regarding missing persons. To that end, we are attaching as Exhibit 6 the guidelines provided by The National Center for Missing & Exploited Children, In addition, we ere attaching as Exhibit 7 the Boston Police Department Rules ‘and Procedures related to missing children and persons. We hope that both ofthese exhibits will be helpfl as te Lawrence Police Department considers the adoption of \wrtten guidelines and polisies, Mayor Daniel Rivera ‘March 28, 2017 Page 4 CONCLUSION Given our inability review relevant revords of the Lawrence Police Department or interview LPD police officers with relevant information, we are notable to conduet a ‘thorough investigation into the LPD’s response tothe Lee Manual disappearance. If there comes atime that Chief Fitzpatrick and LPD police officers are prepared to share information, we would be willing to give this matter further consideration, Sincerely, EXHIBIT 1 ‘THE COMMONWEALTH OF MASSACHUSETTS ESSEX DISTRICT ATTORNEY. Jonatan W: Blot Toa Stet SALEM (78) 745-610 ‘isle Aterney Sala, Mess 0570 Be Gre) las71 Tm: (Gnyrasies Devember 15,2016 (ict Tames X. Peptic [Enwrence Polie Department 90 Lowell Seat Exwnenee, Massachusts 01840 ‘Via email: ftapatiek@levpd.com eae Chiot Fitzpatrice As you kaow this Offic is caret investigating the death cf Lee Manvel Vilori- Paulino, wo wa fond butlly murdered on December 1, 2016. Mathew Borges has been azestod and a eiminal complaint has ssbed, charging bin with musér (Lawrence District Court 1a, 1GIECRS484), ‘The edzinal investigation s ongoing, 1 em awate hat snindependont investigation into the Lasence Police Department's ‘banding ofthe dsppetince of Mr, Viloi- Pauline as commenced. 1 understand farther tat this investigation wl be conducted by &eivian tat tat manasto question one or mare LED officers conceming this mater. | waite to expres several sigiicantconcems about the impact ofthis investigation. Specially, Lam concer that police officers’ answer to inquies wil likely compromise he ‘confidently ofthe ongoing criminal investigation, poteatilly breach eny grand jury secrecy, ‘nd violate a Disuit Cot oder impounding the search warren materials in this investigation. ‘As you ar avaze, euch brtchos could ultimately jeopardize the outcome ofthe criminal Jnvestigaton and prosecution. ‘The Supreme Jia Cout has noted the “compeling goverament interests inthe confidentiality of ts engoing investigations" New England Intet Café, LUC v. Clerk ofthe ‘Sopeior Court fr Criminal Busnes, 462 Mas. 76, 93 (2012) "The requirement that grand jury proseedings remain secret i deeply roted in the common aw of the Commonwealth” ‘WAZ-TV4 v. Dist, Atty. Salflk Dist, 408 Mass. 595,599 (1990) (emphasis adda). ‘Secreoy it “signed to pect the grand jury fom extraneous influences tht have th potential to distor the investigatory or aceuttory fnetons ofthe grand jury” and “to encourage fill end five dsclosire of information concerning the commission ofa ce” 1d at 600. Tn addition, Massachusetts Rule of Criminal Procedure, Rule 5( isclear; “A person perfouming an official, Santon in elation othe grand ry may nt ditelose matters occurring before the grand jury except i th performance af his or her official dates or when specifically direst to fo so by the court emphasis nde), “The quetoning othe officers st tis ie thus plots them inthe tenable position of nswering questions thal would potetaly violate the confidentiality of the investigation, grand jury seer, andthe imprudent onder, hereby placing the prosecution itself a sk, General inquiry may be conducted into the LPD protocosin missing person cases, bt forthe reasons jut dgousted, I must roqust that officers not be questioned at this tine conoerning the instant eter Finally, have arated concer the criminal investigation and prosecution ar powered by statutes, ease la, cout ues, and the common law. The LPD isthe agent of the proseaton far purposes of eiminal ass, Therefore, this Ofice wil likely be deemed in possesion of, responsible fo, and reguied to produce in disovery, any spots, witness statements, of oter ‘aerial enertd in the urs ofthe nguiy you have any questions, please contact me dre. Very aly yours, onatan W. Blodget DistctAttomey ce: The Honorable Daniel Rivera Visemal: Maya Rivea@eivefinmensscom EXHIBIT 2 ‘McDonap LaMonp CANZzONERI "ATTORNEYS aT LAW 352 Tupi Read, Sue 310 Southborough, MA 01772-1756 ‘wmwmlberawyerscom ‘Men MeDeonsit Tessas 4n Jak]. Comer rusian ods Marshall = Sete Joa Powsi Keston A Barna 2 SSN [stn 0.Kalee Siemiacects ‘Mon j Zien hn Lisomedia New Yor (ome) December 22, 2016 ‘VIA FIRST-CLASS MAIL and PDF E-MAIL Charles D. Boddy Jr, Esq City Attorney, Lawrence City Hall 200 Common Street 43 Floor ~ Room 306 Lawrence, Massachusetts 01840 Ret Lawrence Police Superior Officer's Association Dear City Attorney Boddy: am writing on behalf of the Lawrence Police Superior Officer's Association (‘LPSOA" or “Union") with respect to the independent investigation that has been initiated by the City of Lawrence (‘City’) over the Lawrence Police Department's (‘Department’) handling of the Lee Manuel Viloria-Paulino matter. Itis the Unior’s understanding that, as part of this independent investigation, police oficers involved in investigating the disappearance of Mr. Viloria-Paulino may be required to participate in interviews with the investigating committee. For the reasons set forth below, I request that officers involved in the investigation of Mr. Viloria-Paulino's case not be required to undergo questioning until the investigation and prosecution of the case have been completed, On or about December 18, 2016, District Attorney John Blodgett, by letter to Chief of Police James Fitzpatrick, requested that officers not be ‘questioned at this time with respect to the investigation at issue. DA Blodgett indicated that such questioning could jeopardize the prosecution due to the potential for such questioning to violate the confidentiality of the investigation, McDOonaLp LAMOND CANZONERI Charles Boddy, Esq, City Attorney Lawrence City Hall Page 2 of 2 December 22, 2016 grand jury secreey demands, and an impoundment order pertaining to search warrant materials. In even harsher terms, DA Blodgett has instructed police officers from the Lawrence Police Department and other law enforcement agencies to refuse to discuss any aspect of the case outside of their ongoing investigation under threat of severe sanctions against them, Accordingly, requiring officers who have participated in the criminal investigation to participate in committee interviews at this time would contravene DA Blodge:t’s express instructions to the contrary, could potentially compromise the ongoing investigation and prosecution, and could lead to severe sanctions agairst those officers for any statements made by them contrary to the DA's warning to them? Please let me know at your earliest opportunity if your office agrees with the request made in this leter, and if ¢0, what steps you are able to take to accommodate it : igi Donald AUM/nw ce: Scott McNamara, President, LPSOA (Via PDF E-Mail) ‘Thank you. } DA Blodgett also stated in his letter that he did not object to inquiries from the independent committee directed at generalized handling of missing persons. However, such limited inquiry would not measurably advance the Central mission of tha: committee and would hardly seem to be worth the time, expense, effort and risk. With respect to risk, even generalized questions could lead to answers that implicated the ongoing criminal investigation either impliedly or expressly and place the officers supplying the answers in jeopardy. Even if those inquiries should go forward, the Chief of Police is more than ‘qualified to respond on the Department's behall. ae EXHIBIT 3 Lawrence Police Department 90 Lowel Sit awrence, Masschusets 01840 ‘wo inp James X. Fitepatice hitfofPoie anaary 3, 2017 Mark A. Berthisume Greenberg Traurig, LLP ‘One International Plee, Suite 2000 Boston, MA 02110 Dear Attomey Berthiaume, | write in responseto inquiries from the civilian tear appointed by Mayor River to Investigate the response othe Lawrence Police Department fo the disappearance of Lee Manuel Vilora-Paulin. ‘As you ae aware, forthe reasons set out in the Distt Attomey's letter of December 15 (attached), Officers ofthe Lawrence Police Department, including myself, are not permitted to Aiscuss the specifies of tht ongoing criminal investigation Alo be advised tat disclosure of police reports concerning the ongoing ciminel Jnvestigation to noa-law enforcement personne! violates GL. . 6, §§ 167, 178, which roseibe dissemination of *Criminc! Offender Record Information" CORI") and provide for evil and ‘minal penalties for ulawl diseminetion, However, Lam pemnitted to discuss generally the LPD protocols with respect to missing person's cases. fn thet regard, | hope the following information is helpful ‘As you may know, the LPD received over 400 reports of missing persons in 2016, large portion of which are teenage runaways. When an individual wishes to report a missing pecson, ‘hey must come tothe station and fil out and sign a report (bank copy attache) containing, inter alia, the identifying information ofthe missing person; the date, ime and location af ast ‘eoatac; who the person was accompanied by; a description of any involved motor veil; snd ‘the name, relationship ené contac information ofthe reporting party. ‘The reporting party must, also select mona four yg of eases ~ juvenile, endangered, disabled, or involuntary -- and provide the reasons for his o her section(s). Atthis pont the officer to whom the report was made provides the name of the individual and cern desptive information tothe National Crime Informtion Center (CNCIC™) «computerize index of missing persons which is available nationwide to Federal, stat, and local lw eaforesment and other criminal justice agencies and is operations! 24 hours & ay, 365 days a year. Tho orm contains spaces forthe NCIC nd reference numbers. In addition, a department-wids BOLO is issue, in which the relevant information is provided to ‘officers at roll all and entered ita Digital Headquarter, which makes the infermation, including the individuals pierre, available on each offices’ cruiser laptop. ‘The ensuing actions ofthe LPD are dependent upon the individual fects end circumstances ofthe ease, Depending on the presence of certain sk factors, the case may be signed to a parol officer detective for further investigation. These factors include, but ae ol limited to the age of tte missing perso: the length oftime since they were last seen; the existene of any physical or mental disability, whether the individual may be suicidal, ‘any cteumtances suggesting that the disappearance was nt voluntary, any cireurstanoes indicating thatthe persoo’sphysieal safety may bein danger, whether parental Kidnspping has been reported; any involvement ofthe Department of Children and Families or the Department ‘of Youth Services. ‘The seions ofthe investigating officer are also tired to the individual fats, The individual's family and fiends and any other relevant individuals may be interviewed, The ‘missing persons information and pieture may be uploaded tothe LPD Facebook and Twitter ‘pages and/or ‘o BOLO Mcbile (a photo shering application for inv-enforeement). Information ‘on missing children may 30 be dsclsod tothe National Center for Missing and Exploited Children (NCMEC), a nongovernmental nonprofit, federally funded corporation, serving ss ‘val rewure ad eco assistance clearinghowoe footing on mizring and exploited children, Appropriste follow-up is conducted on an as needed bass, The frm contains spaces for ny date the subject was turned, any date the report was canceled and th signatures ofthe officer to whom the report was made and s reviewing office. ‘Again, | offer this information to sist the civilian tex in examining these protocols ‘generally, but Lam prelued from discussing the particular facts ofthe ongoing erminel {nvestigalion/prosecution util it as concluded. Onoe the esse conchae, I would be happy

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