Robert Devine, one of the key former Stoughton Police officers involved in the Sandra Birchmore case, will fight to keep his police certification at a secret hearing beginning Thursday.
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Closed-door hearing for officer involved in Sandra Birchmore case begins Thursday
The state’s police oversight agency will make its case at a closed-door hearing beginning Thursday for why one of the former Stoughton Police officers involved in the
Sandra Birchmore case should never again work in law enforcement in Massachusetts.
Robert Devine, the former Stoughton deputy police chief, is among a trio of former Stoughton officers, along with brothers Matthew and William Farwell, accused of having inappropriate sexual relationships with Birchmore after she joined their police youth program as a teenager.
Devine is fighting efforts from the Massachusetts Peace Officer Standards and Training Commission, or POST, to revoke his certification for police work, a requirement for all officers employed in the commonwealth.
Beginning Thursday, his case will play out in secret at the commission office in Boston after a retired judge presiding over the hearing
ruled last week that protective orders covering sensitive evidence necessitated closing proceedings to the public and press.
A retired Superior Court judge closed the hearing, citing that there is “no reasonable method” for holding any part of the hearing in public “without a substantial risk of disclosing confidential evidence.”
www.bostonglobe.com
Copy of the ruling from the article.
COMMONWEALTH OF MASSACHUSETTS
PEACE OFFICER STANDARDS AND TRAINING COMMISSION
IN THE MATTER OF ) Case No. 2024-003-P
ROBERT DEVINE )
ORDER
Pursuant to 555 CMR 1.10(4)(a)2., “[a]n adjudicatory hearing conducted under 555 CMR 1.10
. . . shall be public except where the presiding officer . . . determine that closure is necessary to
protect privacy interests and will not be contrary to the public interest.” Furthermore, “the [P]residing
[O]fficer and [C]ommission shall make all reasonable efforts to protect the confidentiality of any
documents submitted or considered during the course of an adjudicatory hearing, to the extent
permitted by law and as described in 555 CMR 1.10(4)(a)1.”
A protective order and supplemental protective order have been entered in this matter to protect
confidential discovery materials and the identity of an individual. Many of these same materials are
being offered as exhibits at the adjudicatory hearing scheduled for June 5 and 6, 2025. Moreover, the
contents of these exhibits, the identity of the individual whose name remains confidential, and other
information that is confidential under the protective orders, will be the subject of testimony presented
at the adjudicatory hearing.
On May 27, 2025, the Hearing Officer notified the Parties that due to the protective orders entered in
this case, portions of the arguments and evidence presented at the hearing scheduled for June 5 and 6,
2025, must be protected from disclosure to the public. The Hearing Officer has been considering the
feasibility of structuring the presentation of evidence to enable an efficient proceeding between the
closed, and, if any, open portions of the hearing. The Parties were instructed to confer and provide
suggestions on the potential for structuring the hearing to accomplish this goal.
The Parties have advised the Hearing Officer that “it is likely that the entirety of the hearing will
include interspersed discussions of the confidential exhibits covered by the protective order . . . [and
that] all witness testimony, opening statements, and closing arguments will include analysis of those
exhibits.” The Division of Police Standards further stated that “it’s unlikely that any testimony
regarding the substance of the allegations would cover topics outside of the protected evidence.”
The Hearing Officer concurs that there is no reasonable method for opening any portions of this
hearing to the public without a substantial risk of disclosing confidential evidence. Accordingly, it is
hereby ORDERED that the adjudicatory hearing in this matter, to be held on June 5 and 6, 2025, be
CLOSED to the public. To further protect the closed proceeding, it is hereby ORDERED that any
witnesses to be called at the proceeding must appear and testify in person. Witnesses will not be
permitted to testify over Zoom or any other electronic method.
____________________________
Hon. Kenneth J. Fishman (Ret.)
Hearing Officer
Date: