At packed City Council meeting, a divided response to Justice Department report on PD

WORCESTER — Differences within the city on law enforcement and police oversight were on full display Tuesday night as the City Council addressed the Department of Justice investigation into the Police Department for the first time.

More than a hundred police officers and their supporters came out to denounce the Justice Department report. Officers and their supporters gave booming standing ovations to spirited attacks on the investigation.

However, there were also several speakers, many donning red shirts and sweaters that advertised the nonprofit organization Project Priceless, who spoke on what they said was a culture of sexual violence and impunity within the Police Department, especially towards homeless women and women in the sex trade.

Activists with Project Priceless, a Main South-based group seeking to aid women in the sex trade, at one point unfurled and taped a banner to the upper level of the Esther Howland Chamber reading, “From pain to power this is Worcester women’s hour.”

In a 41-page report released Dec 9, the Department of Justice shared the results of a two-year civil investigation. The investigators found that Worcester police engage in a pattern of practice of using excessive force and allowing officers to engage in sexual contact with women while undercover.

The report also highlighted concerns the Justice Department said it has regarding allegations of police sexually assaulting women engaged in prostitution, deficiencies in the department’s sexual assault investigations as well as concerns about potentially discriminatory policing.

Justice Department officials concluded the department fails to properly supervise, train or hold police officers accountable, and made a series of 19 suggested remedial measures.

Anecdotes of police allegedly using their authority to sexually assault women engaged in prostitution struck a chord with citizens and advocates while drawing angry responses from police officers and superiors who spoke Tuesday.

The Telegram & Gazette first learned about the findings of the investigation through a statement by an outside attorney representing the city sent hours before the release of the summary report. Brian T. Kelly, a former federal prosecutor now in private practice who is representing the city, alleged the report to be “riddled with factual inaccuracies” and said it “ignores information provided by the City which debunks many of the anonymous claims.”

On Tuesday, Batista presented the Justice Department’s summary report to councilors and six petitions related to the investigation were also heard.

‘Public apology’ sought

Audra Doody of Safe Exit Initiative requested a “public apology” from the city “regarding the comments made in the Telegram & Gazette about the investigation.”

Richard Cipro, Anthony Petrone and Thomas Duffy on behalf of the International Brotherhood of Police Officials Local 504 and New England Police Benevolent Association Local 911, the two unions representing police officers in the city, are asking the city to request the Justice Department to release and publicly present the “full investigatory report,” including the allegations of sexual misconduct with dates, times and names of all alleged to have committed such misconduct.

Liz Grajales submitted four petitions on behalf of Project Priceless:

• For City Council to request Batista issue a “public acknowledgement, condemnation and apology for the sexual abuse of prostituted women by WPD officers, as detailed in the Department of Justice report”

• For City Council to request Batista allocate a building or funds for a building so Project Priceless can operate a shelter and provide resources to homeless women including harm-reduction programming and peer support

• For City Council to request Batista commit to “criminalizing abusers, including sex buyers, pimps, and cops who abuse women.” while committing to decriminalizing and rehabilitating women in the sex trade

• For City Council to request Batista allocate financial reparations and mental health support to women harmed by the alleged abuses detailed in the DOJ report

Duffy, president of Local 911, called the report “a total disgrace,” referencing that it was first opened when Rachael Rollins, who resigned following an election interference scandal, was U.S. attorney for Massachusetts.

Duffy: Report is ‘disgraceful and insulting’

“This sham of a so-called investigation is a new low point. With hardly any factual information, its authors take it upon themselves when an allegation against the police is credible,” Duffy said. “How have we come to a point in our city where this is allowed to happen? It’s disgraceful and insulting to the great men and women that I’m privileged to represent.”

Duffy said the police are under more accountability and oversight than any other profession and officers are not afraid of being held to account.

Cipro said the city needed a full accounting of the sexual assault allegations with the prosecution of those found true. He added that the city should not enter a consent decree or memorandum of understanding with the Justice Department, saying reform is better achieved by collaborating with the police unions.

Other officers in the gang and vice units, including officers of color, said they believed the report painted them as abusers and racists. Several police representatives brought up having to discuss the allegations to their families.

Project Priceless

Grajales, who is homeless, said Tuesday was a night for exploited women to share their outrage.

“This is also about the future of our daughters and granddaughters. So I beg you to highly consider Project Priceless’s demands because the women of the city will not rest until our demands are met.”

Sathi Patel, the coordinator of Project Priceless, referred to the police as the “Worcester rape department.”

“I am here tonight to ensure that you listen to women who have worked tirelessly against all odds to build a network of safety and solidarity between women on the street … they’ve done this without shelter, without resources and without any institutional support simply because they must resist being crushed under the weight of oppression.”

Mayor Joseph M. Petty at one point during the meeting asked the audience to make sure people have access to the chamber, that people are treated with respect and that audience members kept noises down.

The line of people waiting to speak Tuesday continued outside the council chamber with some holding signs in support of Project Priceless.

At about 8 p.m., supporters of the police exited the higher floor of the chamber. Supporters of Project Priceless could be heard shouting, “Shame on you,” to officers who were leaving. Some officers created a barrier to allow those leaving to safely exit.

Tensions remained high as councilors and Batista discussed the investigation and the items.

Batista began by saying both survivors spoke “valiantly” Tuesday about their experiences as well as employees who he has a responsibility to in the Police Department.

Batista explains

Kelly’s statement was “harsh” and took some by surprise, Batista said, but he said there may be some factual inaccuracies in the summary report Kelly felt was important to address. Batista said he approved the statement not to discredit survivors, but to defend the city’s position with claims made in the report.

“I want to publicly apologize to anyone who felt that the statement from our outside counsel was dismissive, Batista said. “It is not the intent of my administration for anyone in this community to feel dismissed whenever they bring up issues.”

The Justice Department and the city legal team will meet to begin negotiating next steps Wednesday, Batista said.

Petty said the community deserves a professional response to the report. He requested a thorough response to the report in no later than 30 days with 19 detailed sections for each Justice Department recommendation and a special meeting where the council only discusses the investigation.

“We have so many talented and dedicated men and women who serve with distinction in the Worcester Police Department and keep our city one of the safest in America,” Petty said. “I want to mitigate the impact on the honest, kind and hardworking members of the Worcester Police Department who do not exemplify the behavior indicated in the report … I believe that we will only be able to get through this together. We will not work well if we stay in our own silos.”

Councilor-at-Large and City Council Vice Chair Khrystian King said he was concerned Tuesday’s meeting, with many police officers on hand, chilled women from coming forward to report harm, saying there needs to be larger systemic change and legal pursuit of those who committed sexual assault is the minimum.

“What happened tonight is not a step in the right direction. We need our folks in our local unions to roll up their sleeves and get to work with reform,” King said.

King said the Justice Department report is not pure fiction, pointing to police interviews and document analysis conducted by the investigators. He called for a performance audit of discrepancies between body camera footage and police reports and policies around police reports and for timelines about what the Police Department has already done to reform.

The letter from Kelly also had a chilling impact, King said. He asked Batista if any elected official reviewed the statement. Batista said he, outside counsel, the city legal team and Petty reviewed it. He said the mayor did not raise an objection to it when King asked.

Councilor-at-Large Thu Nguyen said they were severely disappointed in Batista and Petty for overseeing Kelly’s statement.

“You either believe and support survivors or you don’t,” Nguyen said.

District 5 City Councilor Etel Haxhiaj said it was telling that all the city government’s statements were made by men. In the past few days, she said women came forward with their stories and shared their fears about repercussions and not being believed, and she was personally terrified by the police response at the Tuesday meeting.

Haxhiaj: ‘Tapestry of stories’

“This DOJ report isn’t about one woman or a singular story. It is about a tapestry of stories, patterns and behaviors previous administrations and chiefs of police have heard before,” Haxhiaj said.

Haxhiaj said the city is at a point of a transformative path forward and has faith in Batista to move forward.

King said the input of the Standing Committee on Public Safety, which is chaired by Councilor-at-Large Kathleen Toomey, was importent. As some councilors began asking whether King’s comments veered into engaging in personalities, which is against City Council rules, Petty said King’s comments were unfair.

King grew increasingly angry as he repeatedly demanded Petty to come down to the council floor to address the council, as is required in council rules. King physically motioned for Petty to come down from his elevated chair to the council floor while Petty insisted he was just making a point of order. At one point Petty said, “Don’t threaten me.”

“I’ve been in this for close to a decade Mr. Chairman, a decade. I know well enough that if not intention, there’s no change,” King said in response.

Toomey said it was her intention to work collaboratively with the community, police and administration. She said Tuesday’s conversation has been difficult for many as it opened up many triggers, including for herself as an abuse victim.

“I’m trying to make sure that I listen to everybody and I want to make sure that I will listen and, moving forward, working collaboratively with my colleagues, not tearing anybody down byt working collaboratively we will persevere,” Toomey said.

Nguyen repeatedly asked Batista to commit to realizing Project Priceless’ demands, including the shelter request. Batista said his administration has worked to expand shelter and is willing to meet with Project Priceless, and he said he did not wish to go back-and-forth on the specific demands Tuesday.

Batista contract

Nguyen used their privilege as a councilor to delay a vote on a salary ordinance necessary for Batista’s renegotiated contract to the next council meeting, saying they would hate the reality of the council awarding Batista over $300,000 a year until he makes those commitments.

Tuesday was the last scheduled regular meeting of the year. Batista’s current contract ends Dec. 31.

King delayed a vote on the petitions from the two unions. He said he would want to amend it to state the city would not disclose any survivors who reported sexual abuse in confidence.

Haxhiaj said she took issue that the petition’s goal seemed to be to discredit the allegations in the summary report based on the statements from union leaders.

All of Project Priceless’ petitions were sent to Batista’s office with District 4 City Councilor Luis Ojeda asking to take on the shelter request in his Standing Committee on Public Health and Human Services.

King motioned to file, or end consideration, of Doody’s petition after Batista’s apology.

This article originally appeared on Telegram & Gazette: At packed City Council meeting, a divided response to DOJ report on PD

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