THIS STORY HAS BEEN FORMATTED FOR EASY PRINTING

Suffolk DA drops officer’s charges

Lack of evidence cited in rape case

By Maria Cramer
Globe Staff / November 3, 2009

E-mail this article

Invalid E-mail address
Invalid E-mail address

Sending your article

Your article has been sent.

  • E-mail|
  • Print|
  • Reprints|
  • |
Text size +

The Suffolk district attorney’s office has decided not to go forward with a case against a Boston police officer accused of raping one of his colleagues and threatening to kill her and her husband.

Assistant District Attorney David Deakin, who oversees all sexual assault cases and child abuse cases in the county, told the female officer that there was not enough evidence to pursue the case, according to the officer’s attorney and her husband.

“We don’t agree with the decision, and we’re disappointed,’’ said the officer’s lawyer, Philip A. Tracy Jr. “But we understand that if, in fact, some new evidence surfaces that we hope that they will take another look at it.’’

In a statement, the prosecutors’ office said investigators spent six weeks assessing the allegations before deciding they could not pursue criminal charges.

“Boston police detectives have interviewed more than two dozen witnesses and have gathered telephone records, hotel records, text messages, other personal records, and testimony from restraining order hearings in the Dorchester District Court,’’ the statement said.

“After a thorough review of the evidence and the law, Suffolk prosecutors have concluded that the evidence in the case does not support a criminal prosecution. As a result, no criminal charges will be forthcoming in Suffolk County.’’

The department’s Internal Affairs Division is still investigating to determine whether any Police Department rules and regulations were violated.

The female officer declined comment through her husband, citing departmental rules, which do not allow officers to speak to the media without permission. The names of the officer and her husband are being withheld. The Globe does not publish the names of people who say they have been sexually assaulted.

The accused officer’s name is also being withheld because he has not been charged.

The female officer’s husband said they still want to pursue the case and plan to reach out to the FBI and other jurisdictions where the officer has alleged the sexual assaults took place. The officer alleged that her colleague raped her several times during the course of a month, first in Connecticut, where they had traveled for a shooting competition, and then in the Boston area.

“She’s been through so much,’’ the husband said. “How can she call herself a cop if she doesn’t do anything to stop him?’’

During a hearing last month on a request for a restraining order, the female officer said her colleague had left her pregnant and threatened to hurt her or her family if she did not have sex with him or give him constant updates of her whereabouts. The restraining order was denied because under state statute their relationship as colleagues does not qualify either of them to obtain a restraining order.

The officer’s lawyer, Thomas Drechsler, said that prosecutors made the right decision and that whatever occurred between the two officers was consensual.

“I’ve been and remain confident that any reasonable person, any reasonable prosecutor would come to this conclusion,’’ he said. “I believe my client is innocent, always have contended that.’’

Both officers will remain on paid administrative leave until the internal affairs investigators concludes their investigation, said Elaine Driscoll, spokeswoman for the department.

Drechsler said his client should be allowed to return to work now.

The female officer’s husband said his wife wants to return to her job in the special operations unit, where the man she accused of raping her also is assigned.

Maria Cramer can be reached at mcramer@globe.com.