The state police union president said he hopes the "decisive move closes a deeply embarrassing chapter in State Police history."
www.masslive.com
Mass. State Police union ended support for Michael Proctor appeal before withdrawal
By
The decision by former Massachusetts State Police trooper
Michael Proctor to
withdraw his appeal of his termination came after the union representing troopers voted to pull its support of the appeal just days before scheduled hearings.
The executive board of the State Police Association of Massachusetts, which previously supported Proctor’s appeal, voted unanimously to “sever all support for his appeal” after the discovery of new evidence on his personal cell phone.
It’s not clear what exactly was found on Proctor’s phone, but prosecutors said they
uncovered discoverable information in several pending murder cases he investigated, including that of Myles King.
“We hope this decisive move closes a deeply embarrassing chapter in State Police history,” SPAM President Brian Williams said in a statement provided by a spokesperson.
The move essentially left Proctor without a lawyer to represent him. Daniel Moynihan, the lawyer representing Proctor, serves as counsel for the union.
It’s a rapid reversal of position for the union, which previously criticized the decision to fire Proctor.
“The decision to terminate was guided by expedience, the relentless drumbeat of conspiracy theorists and the intense glare of the media spotlight. Sadly, in the end it was easier for the Department to terminate Michael Proctor than it was for them to stand tall and face the critics,” Williams said in March, when Proctor’s firing was announced.
Proctor was set to
appear before the Civil Service Commission for the final three of five scheduled days of hearings on his appeal starting Tuesday. The hearings were set to address his claim that he was treated differently than other troopers.
State Police
terminated Proctor in March largely due to his conduct in the
Karen Read investigation, during which he sent a series of unprofessional and derogatory texts about Read, including one where he said he wished she would kill herself.
But a recent extraction of Proctor’s cell phone uncovered what the Norfolk County District Attorney’s office described as “materials that it reasonably believes to be discoverable.” That includes texts and chats as well as video and audio files.
The extraction also recovered emails and photos on the phone, prosecutors wrote in a court filing last week.
That is a sharp contrast to what Moynihan, Proctor’s lawyer,
represented in a court filing this summer. In the filing, Moynihan said Proctor had obtained a new phone last year and installed software that automatically deleted its data every 30 days.
“Therefore ... it is unlikely Mr. Proctor has any relevant information in his possession concerning this case,” Moynihan wrote in a motion filed in the King case.
Prosecutors said they anticipated completing their review of the information from Proctor’s phone on Friday.
“Michael Proctor’s sudden withdrawal of his appeal wasn’t an act of humility — it was self-preservation,"
said Alan Jackson, the lawyer who led Read’s criminal defense. “He learned investigators have recovered text messages from his private phone dating back years, and he wanted no part of what those text messages would reveal. He didn’t accept accountability — it hunted him down.”