Tamara Race reports for the Patriot Ledger of Quincy, Massachusetts. Excerpt:
PLYMOUTH – A police officer is seeking criminal charges against Police Chief Robert Pomeroy and Town Manager Eleanor Beth, saying they illegally forced him to take a lie detector test or lose his job.
Police officer Kevin Furtado was placed on paid leave in July 1999 pending an investigation by then-Plymouth County District Attorney Michael Sullivan into an allegation that he inappropriately touched two young boys during a pool party at a friend’s house.
Sullivan’s investigation ended two months later with no charges filed. Pomeroy then launched his own investigation and ordered Furtado to take a lie detector test after receiving immunity from criminal prosecution.
Furtado was eventually cleared of any wrongdoing and returned to work in January 2000.
His lawyer, Joseph Gallitano of Plymouth, asked the court Friday to file criminal charges.
”I’m not in this to crucify anyone,” Gallitano said. ”I’m in this for the small guy who’s been wronged. I’m fighting for my client. The town’s attorney refused to even talk about a settlement, so I took the next step.”
State law prohibits an employer from forcing an employee to submit to a lie detector test as a condition of employment, but such tests are allowed during a criminal investigation.
Gallitano, citing the grant of immunity, said the criminal investigation was over and Pomeroy had no right to demand the polygraph test.
”He (Pomeroy) had already given my client immunity from any kind of criminal prosecution,” Gallitano said. ”How, then, can he claim he was conducting a criminal investigation?”
Beth, as Pomeroy’s boss, is also implicated since she knew of and condoned the test, Gallitano said.
If convicted, Beth and Pomeroy could face fines of $300 to $1,000, and be required to forfeit their retirement pensions.
According to state law, anyone convicted of violating a law applicable to the person’s office or position is not entitled to a retirement allowance but would receive any money he or she paid into the system, without interest.
In addition to seeking the criminal charges, Furtado is suing Pomeroy, Beth and four selectmen for $350,000 in connection with the incident, which he says damaged his reputation and caused severe mental distress and financial harm.
With treble damages, interest and attorney’s fees, the award could top $1 million, Gallitano said.