The mother of Stephanie McMahon, found beaten to death in her River Street apartment in 2014, is asking a judge to find the city of Boston responsible for her death, because, she alleges, the two Boston police officers who responded to her daughter's apartment and removed her violent ex-boyfriend failed to lock him up, which let him return the next day and beat her to death.
In her lawsuit, Marilyn Barresi charges that officers Robert Boyle and William Hubbard almost went out of their way not to do anything about Randall Tremblay after her daughter called 911 to report he was trying to beat her in the head with a stick early on Nov. 16.
While they did put him in their cruiser and drove him to Shattuck Hospital, they never checked to see if McMahon had a restraining order against him - which would have let them arrest him for violating it - and when they got to Shattuck Hospital, they let him out outside rather than bringing him inside for an evaluation, Barresi charges. Police had initially said the officers checked Tremblay into a detox center there.
This only emboldened Tremblay and he returned the next day and beat McMahon to death, Barresi charges, calling the officers "grossly negligent."
Barresi is seeking unspecified damages. She originally filed her complaint in Suffolk Superior Court on April 11.
Yesterday, the city had the case transferred to federal court in Boston because of the due-process issues Barresi raises. The city has yet to otherwise respond to the case.
Tremblay has yet to come to trial for McMahon's murder because of appeals in his case.
After a Suffolk Superior Court judge ruled that prosecutors could not use statements he'd made to police investigators because he was too drunk at the time to understand he was waiving his Miranda Rights not to speak, Suffolk County prosecutors appealed.
Last September, the Massachusetts Appeals Court agreed with prosecutors and allowed his statements to be used as evidence, saying that while Tremblay was drunk during his interview, video showed he was aware enough to understand what was going on and being asked of him - and to waive his right to stay silent.
Tremblay's lawyer then appealed that ruling to the Supreme Judicial Court. That court has set May 10 for oral arguments.