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Grand jury to consider traffic altercation between motorist and off-duty Transit cop

Update: The Globe reports Transit Police, who have been critical of the DA's handling of the case, want an independent special prosecutor named to handle it.

Acting Suffolk County District Attorney Kevin Hayden announced today that his office "will open a grand jury investigation into a case involving an altercation between a motorist and an off-duty MBTA police officer that occurred in April 2021."

In a statement, Hayden denied he'd ever tried to end the case, which started as an investigation by previous DA Rachael Rollins, with the assistance of Transit Police, no matter what the Globe reports, elected officials say in calling for his resignation or how many times Transit Police subtweet him.

We inherited it as an open and active investigation begun in April 2021, and it has always remained open and active. Our announcement today comes amid questions about this investigation and the path it took toward a determination to seek charges. It is important to note that there was never any action taken to close this investigation. The ultimate decision to pursue charges in any investigation rests with me, and me alone. There have been reports of discussions regarding this investigation between members of my office and people outside my office. Those reports may have led to the perception that this investigation was not moving forward. Nothing could be further from the truth. This case has remained open and active because I never had any intention of closing it, or made any decision to close it.

He added:

I would not jeopardize my integrity, or the integrity of this office, by agreeing in any way to end an investigation because of campaign donations, as has been suggested. Nor would I jeopardize my integrity, or the office’s integrity, by not pursuing charges because the suspect is a police officer. A person’s job or title does not influence my decisions when it comes to prosecutions. I understand that today’s announcement will be perceived as a reaction to media reports. I cannot control perceptions. But I can assure everyone that this action would be happening on the same timeline regardless of what attention this investigation did or didn’t attract.

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Comments

There have been reports of discussions regarding this investigation between members of my office and people outside my office. Those reports may have led to the perception that this investigation was not moving forward. Nothing could be further from the truth.

Riiiiight. And an 18-month "open" investigation just happened to have an update a week after the Globe blew this story wide open.

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The FTA is looking into safety issues on the T. The DOJ should take a hard look into the police department especially its mistreatment of passengers of color.

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I've noticed that a lot of Hayden yard signs are in front of cops' houses. Either it's someone I know is a cop or you can see the blue line flag sticker or some other giveaway on the car in the driveway.

That was before this story broke so I was already a bit curious as to why the police were so deep in his corner.

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He also collected endorsements from the city council cop favorites: Erin Murphy, Frank Baker, and Annissa Essaibi George.

A real reformer would not be collecting all these endorsements from people who would like to roll back the clock and reverse anything done by Rachael Rollins.

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This guy is a two bit crook in my humble opinion.

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Hope we retire this guy to the petty crook hall of fame on September 6. (But really: resign Hayden.)

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He is a cop…what do you expect?

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Is impressive.

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Fairly well executed double back two and a half copsplaining with a full bendover twist.

"Perceptions" indeed. Lol.

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Do you know how you can tell a cop is lying? Her lips are moving.

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Is 20% about the actual case and 80% “nuh uh, I’m not a petty crook, no way, not me!” Totally normal, right?

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In April 2021? Think people are overlooking that small detail!

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Rollins was actively investigating (at the request of the Transit Police, no less). The investigation was dropped by Hayden.

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for the knee jerk liberal ass-kissing mutual admiration society? Obviously most of these posters are on the Wu Train. If you people honestly believe that Kevin Hayden can be bought for $100 then we really are on the way to becoming San Francisco. I think it's time to condo the house and leave. I will only sell to activist Democrats, because it will be gratifying to overcharge the people who have done the most to make me nauseous. No inspection. No contingencies. I won't even leave the barrels.

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So what's your explanation for why he put the case on hold until the Globe publicized it?

Why did he request a donation from someone who was potentially facing charges by his office?

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What does Michelle Wu have to do with a story about the Transit Police (which she doesn't oversee) and the Acting Suffolk County District Attorney (who she doesn't oversee)? Or are you just taking this as a chance to take a few shots at people and groups you hate, regardless of what they actually have to do with this story?

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What's that yelping sound? I do believe it's a hit dog hollering.

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.

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Somebody posted a photo in a BVT Facebook group a while back of the corner which later became a Wendy's in the 90's.

I commented "I'm going to say this with sincerity for the first time on the Internet: Sir, this was a Wendy's."

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so they can charge the motorist, perhaps?

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DAs control the evidence before the Grand Jury. They can present the minimum necessary to establish probable cause for the felony, or they can fully present defenses to the felony and so have the Grand Jury instructed.

Usually potential defendants don't testify, but they can.

In this case, can present evidence of self-defense and instruct the jury.

Again, it's not as if the off-duty officer got out of his car and charged the other guy pointing his gun.
That was the other guy - HE got out of his car and charged at the driver's side of the car of the off-duty cop.
Who wouldn't have a reasonable fear if that happened to you? Taking your gun out if you were licensed to carry is not unreasonable.

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Had the gun-pulling cop informed the motorist he was a cop and that he observed him making an illegal lane change, none of this would be news.

But instead he got his buddy officer to completely fabricate a story and lied in his own reports. That's much, much worse, illegal, and immoral.

When a cop lies and knowingly falsifies documents, it's time for that cop to face charges themselves.

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Couldn’t agree more

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Amidst all the denials, shifting explanations and flimsy lies, DA Hayden has finally shown some tiny semblance of understanding what’s at stake and what he did wrong:

Hayden pushed back and said he had assigned a new prosecutor to the matter before the Globe published its first story. A document reviewed by the Globe says the prosecutor was appointed to the case several hours after reporters questioned Hayden’s office.

So he may have sat on this case for eight months, but within mere hours of learning that the Globe was onto him — and before the story was published! — he started taking this case seriously.

Tiny clap for DA Hayden.

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