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NPH Attorneys Win Major Use-of-Force Case for Police Officer
NPH attorneys Peter Perroni and Gary Nolan represented an NEPBA member and Holbrook, MA Police Officer indicted on several charges stemming from an alleged excessive use of force against a prisoner. After a 5 day jury trial in Norfolk County Superior Court, the jury found the officer Not Guilty on all charges. After a violent struggle during an arrest, the officer transported the prisoner to Holbrook P.D. for processing. All witnesses acknowledged the prisoner had a reputation for violence and for fighting police officers. Attorneys Nolan and Perroni fought hard through pretrial motions to admit evidence of the prisoners violent past, arguing that it was directly relevant to the officer's handling of the prisoner. Despite the vigorous objections of the prosecution, the Court allowed the evidence, which included the prisoner's long history of arrests and convictions, including several violent felonies and assaults and batteries against police officers. In fact, during the arrest, another officer on the scene was seriously injured. The prisoner even admitted to, and was convicted of, resisting arrest that day. The Norfolk District Attorney's office indicted the officer based on a short video clip from a surveillance camera, much of which included no sound. Evidence also indicated that the prisoner was not injured. Shortly after the incident occurred, members of the Department's command staff made a copy of the video, delivered it to the District Attorney and requested an investigation. The charged officer, by the way, was then the sitting local Union President. After a lengthy trial, the jury, now armed with all of the facts, acquitted the officer of all charges. Gary and Peter were very proud to represent the NEPBA Member, who has not only served well the Town of Holbrook and the NEPBA, but has served his Country many times oversees and at home in the Armed Services. Click below to view a couple of News articles on the case. Posted on 11 Sep 2008 by NPH
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