CRIMINAL PROSECUTION AGAINT POLICE OFFICER:  The SJC just ruled that a Beverly police officer whose cruiser collided into a woman's car, killing her, will get a new trial.  He was previously prosecuted by the Essex DA, and was convicted of MV Homicide.  The new trial was granted due to the DA’s failure to turn over exculpatory evidence – to wit, statements by the DA’s expert that tended to support the officer’s defense.  As many of you know, police officers are generally immune in Massachusetts from liability in negligence cases – however, there is no immunity from criminal prosecution for negligence.  The full decision can be found below - it is long, but interesting (and a bit scary) to read as it sheds some light on the extent and types of evidence that will be sought and used by District Attorneys to prosecute police officers for negligent operation of a cruiser, particularly where serious injuries occur.

SUPERIOR COURT ISSUES FAVORABLE UNION RULING IN LAYOFF CASE.  Another important case involves layoffs.  The Superior Court, in a decision supportive of public safety unions, reversed a Civil Service decision upholding layoff appeals.  A civil service employee who is laid off due to lack of work or lack of money is entitled to a hearing by Civil Service – the Town must prove that its justification was true, and not a pretext.  Here, several firefighters, all active union members, were laid off, and the Commission, despite finding union bias by the Chief, upheld the lay-offs in a 3-2 decision.  The Superior Court overturned the case, finding that the Chief acted in bad faith when preparing his budget, and that his actions were anti-union, and the Court reversed the Commission.  The case provides a good explanation of the legal framework for a layoff appeal case.  Follow the link below to read this important decision.