BPD Union Decries Trombly Case

A Boston police union is claiming that the Jan. 9 indictment of a police sergeant for allegedly breaking the jaw of Garett D. Trombly ’03 became a federal case only because the victim is a “white, affluent Harvard student.”

After a federal grand jury indicted Sgt. Harry A. Byrne Jr., the president of the Boston Police Superior Officers Federation issued a statement arguing that such cases are usually handled by the Suffolk County District Attorney’s Office.

“The federation seriously questions why a wealthy, affluent Harvard student who alleges improper use of force by a Boston police sergeant is able to obtain a federal civil rights indictment when, in almost every other instance, particularly when such allegations involve people of color or those not privileged, such matters are turned over to the Suffolk County District Attorney’s Office for prosecution,” union president Joseph G. Gillespie said in the statement.

Trombly denied Gillespie’s charges. “Regarding [Gillespie’s] statement’s thinly veiled accusation, I have not received any special treatment during the investigation process at any point,” Trombly told The Crimson last night.

“I went where I was told, I told the truth, and went about my business,” Trombly said.

Gillespie sent his statement as a press release to several Boston-based publications but declined to provide The Crimson with a copy.

Another source provided The Crimson with a copy of the press release, which refers to the federal case as a “travesty of justice.”

In reviewing the allegations against Byrne, the press release referred to Trombly as “a white, affluent Harvard student who was publicly drinking and who had spat on Sergeant Byrne.”

Trombly was originally arrested for assault and battery on a police officer, resisting arrest, procuring alcohol for minors and public drinking.

But all charges against the Cabot House resident were dropped less than a month after his Sept. 10 arraignment, when the Suffolk County District Attorney’s office said they could not satisfy the burden of proof.

“I find the union’s quickness to question the procedure of the Suffolk County D.A.’s office and the federal Justice Department disturbing,” Trombly said.

“I question their tactics and motives in throwing around words like ‘wealthy,’ ‘white’ and ‘Harvard,’” Trombly said.

Although Trombly has not filed a civil suit against Byrne, he has until September 2004 to do so.

Trombly’s attorney, Andrew Good, declined to comment on Gillespie’s argument or on any upcoming lawsuit.Byrne’s attorney, Kenneth J. Fishman, did not return repeated phone calls for comment.

When the investigation began, Byrne was transferred to a desk job with the department’s evidence management division and his gun was taken away, standard procedure in such a situation.

A week ago, he was suspended without pay from all duty—his fifth suspension in 21 years with the Boston Police Department.

If convicted of violating Trombly’s constitutional rights, Byrne faces a maximum punishment of 10 years in prison and a $250,000 fine.

—Staff writer Justin D. Gest can be reached at gest@fas.harvard.edu.