DUI case ruled lacking
Decision goes in councilor's favor
A Boston Municipal Court official yesterday ruled there was insufficient evidence to charge Cambridge City Councilor Anthony D. Galluccio with drunken driving for a four-car crash in Boston last December, a decision that infuriated three witnesses who testified that Galluccio was intoxicated at the time.
Two Boston police officers also testified at a hearing yesterday that Galluccio was so ''uncooperative" and ''disruptive" at New England Medical Center that hospital staff placed him in restraints.
The restraints were removed only after Sergeant Sean P. Smith bluntly told Galluccio, who is a candidate for the state Senate, that he needed to respect police and medical personnel treating him for the minor head injuries he sustained in the 2:30 a.m. crash on Dec. 18, Smith testified.
One witness who had been a passenger in a car hit by Galluccio expressed his outrage after the hearing.
''Mr. Galluccio could have killed myself and my fiancee," said Edward Prisby.
Six witnesses, including a Boston emergency medical technician whose report described Galluccio's condition as ''alcohol inebriation," testified before BMC Clerk-Magistrate Daniel J. Hogan made his ruling.
One eyewitness called by Galluccio's attorneys, Ivan Rodriguez, who was a passenger in a taxi involved in the accident, testified the councilor was ''scared" but did not appear drunk.
Galluccio did not testify and declined to comment after the hearing. Hogan said he concluded there was evidence Galluccio had been drinking, but not enough to charge him with operating under the influence or with disorderly conduct, as Boston police had requested.
''I don't think it was a close call," Hogan said. ''It means he had a couple of beers . . . it does not mean it gives rise to an operating under the influence."
Galluccio's attorneys said Hogan's ruling showed that allegations Galluccio had been driving drunk and that Boston police bungled the investigation were unfounded and should forever be put to rest.
''Enough is enough," said David G. Eisenstadt, one of Galluccio's attorneys.
But three men, including Prisby, who were riding in cars struck by Galluccio and testified before Hogan yesterday, said afterward the decision was flawed and let a politician avoid justified criminal prosecution. Peter Manderino testified he dragged Galluccio out of his car to prevent the city councilor from hitting nearby pedestrians and to prevent him from driving away from the scene.
Manderino's attorney, David White-Lief, urged police and Suffolk District Attorney Daniel F. Conley's office to appeal Hogan's ruling. White-Lief said Hogan exceeded his legal authority and should have cleared the way for a judge or jury to hear the case.
But David Procopio, Conley's spokesman, said prosecutors consider the matter closed. ''The clerk who heard the evidence acted within his authority and we respect his decision, just as we would for any other case with similar facts," Procopio said. ''To do otherwise, would subject Mr. Galluccio to a different standard than we would otherwise apply."
Police did not cite Galluccio for drunken driving at the time of the crash, which was the subject of public complaints and media coverage, but reopened their inquiry in February. In a report, Detective Arthur J. Hall-Brewster Jr. said he was assigned Feb. 13 to investigate the crash, 57 days after it occurred. Officer Eric McPherson, the only officer who was at the crash, testified yesterday he never saw Galluccio at the ''chaotic" scene, but did see him at the hospital. ''He was irate . . . he wanted to be seen" by doctors, McPherson said.
McPherson and Smith both testified they did not smell alcohol on Galluccio's breath.
Boston Health and Hospitals EMT Thomas Alfieri testified Galluccio had symptoms of ''alcohol inebriation." But he also testified that Galluccio's eye reflexes were normal and that he entered the ambulance on his own power and mounted its two steps without stumbling. 