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Hub police vow turf fight on homicides

Davis, unions rail at DA's takeover

Police Commissioner Edward F. Davis lashed out yesterday at Suffolk District Attorney Daniel F. Conley, calling it "vague and confusing" to put state troopers from the DA's office in charge of investigating homicides on MBTA and other state property in Boston.

"I'm concerned by the district attorney's apparent lack of consideration for what is in the best interest of public safety in Boston neighborhoods," Davis said in a statement.

On Wednesday, Conley sent a letter to Davis informing him that State Police detectives in the district attorney's office would assume authority for investigations on MBTA buses, trains, stations, and platforms. Conley also asserted jurisdiction over areas such as Carson Beach, Deer Island, and Castle Island, which city and state officials have disputed.

"We plan to seek clarification of these unprecedented changes," Davis said. "This move neither alleviates our alleged burden nor accomplishes his stated goal of better utilizing his State Police unit, due to the fact that the incidents in question represent less than 1 percent (six homicides in seven years) of BPD homicide investigators' workload."

There have been three homicides on Massachusetts Bay Transportation Authority property since 2005.

The commissioner declined yesterday to expand on his concerns about Conley's decision. Elaine Driscoll, a police spokeswoman, said Davis plans to write a letter to Conley, outlining why he thinks the decision will not help authorities solve future homicides.

"He's going to take the appropriate amount of time to review the information and will respond thoughtfully and analytically," she said.

Colonel Mark F. Delaney, superintendent of the State Police, said Conley did not call him before making the decision.

In a phone interview yesterday, Conley defended his move.

"I think a bright jurisdictional line makes sense around state property," he said. "It adds highly skilled investigators to homicide cases. That is my responsibility."

But police detectives and others on the force blasted Conley, saying they will launch an effort to oust him from the elected office.

Jack Parlon, president of the Boston Police Detectives Benevolent Society, said Conley refused to respond to his calls and requests to meet to explain the move.

"He has let his ego overrule homicide investigations in this city, and, frankly, that's frightening," Parlon said. "He's in a schoolyard battle with the commissioner, and it's ridiculous. This is a total disregard for the people of the city of Boston. It's despicable that he would politicize homicides. I'm furious over this. We have capable, trained detectives, and he has slapped them in the face."

Parlon said the move may jeopardize future investigations by sparking squabbles over authority, dividing intelligence between two agencies, and making it difficult to link evidence found in different homicides.

"This is small-time politics, and I'm dismayed and disgusted," Parlon said. "I will do whatever I can do to motivate my people to get him out of office. Whatever it takes. Every single community meeting he's at, I'll be there. This isn't jaywalking we're talking about; these are homicide investigations."

Thomas J. Nee, president of the Boston Police Patrolmen's Association, said Conley had agreed to meet him today. Saying he was grateful for the meeting, Nee said he also wanted to discuss Conley's relationship with Davis and how it could affect police officers in the department.

"Now I'm very concerned," he said. "There is something else going on, and that unknown could seriously compromise my members' safety in their service to the city, as well as their ability to deliver service to the city of Boston."

Sergeant Mark Parolin, vice president of the Boston Police Superior Officers Federation, said he thinks all homicide investigations in the city should be led by the Boston Police Department.

"The staties are a completely separate organization," he said. "Our guys know the players. What happens when everyone shows up to a crime scene? We're going to have to figure out who's in charge. There should be just one organization representing the city."

In response, Conley said he is trying to help the department's 27 homicide detectives, who last year had to investigate 75 homicides, and this year have had to respond to 48 killings.

Many of those detectives spend a lot of time in court or preparing for court, he said, and the city would benefit from the help of his 10 detectives, whom he described as underutilized.

So far this year, State Police have investigated just three homicides in Boston. Last year, they responded to one homicide. Between 2002 and 2005, troopers investigated no more than six homicides a year.

"Any suggestion that this in any way political or personal is off base; this decision was made on the merits," Conley said. "This is a decision that I came to upon reflection and study and discussion with my senior staff . . . . What became pretty clear is that over the past few years we've seen a big jump in homicide cases. I wanted to add homicide investigative resources in the city."

He said he expects city detectives to work with troopers.

"I can't make this decision based on union politics," he said. "The Boston police doesn't operate in a vacuum. I expect the Boston Police Department to be more than willing to cooperate to solve cases, no matter who's in the lead. In my view, this should be welcomed."

Joe Pesaturo, an MBTA spokesman, said Conley's decision would have little impact on his agency.

"With the exception of notifying a different law enforcement agency, the manner in which MBTA Transit Police treat homicide investigations in Boston will not change," he said.

Delaney said he plans to work closely with Boston police.

"I deeply value the professional relationship between our two agencies," he said. "The State Police have an outstanding relationship with the Boston department and remain committed to working cooperatively and collaboratively with the Boston Police Department."

Conley announced the jurisdictional changes after months of tense relations with Davis.

In July, Conley warned he would consider putting State Police detectives in charge of all city homicides after Davis shuffled the Boston police command staff, replacing the head of the homicide unit, without running it past Conley. At the time, Mayor Thomas M. Menino backed Davis, suggesting Conley was out of touch with the crime in the city.

Menino, who is on a trip to Latin America, could not be reached yesterday. "He did express concern regarding District Attorney Conley's abrupt announcement," said Dorothy Joyce, a mayoral spokeswoman. "It is not good policy to make unprecedented public safety decisions without consulting the lead public safety agency in our city."

Councilor at Large Michael Flaherty called for Conley and Davis to work out their differences. "With all the homicides in the city, we should be working together to end the violence that's terrorizing our neighborhoods," he said. "Victims and their families care about the perpetrators being put to justice. They're not concerned about infighting within law enforcement circles."

Maria Cramer of the Globe staff contributed to this report. David Abel can be reached at dabel@globe.com.

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