State Police violated wiretap laws, judge rules; eight people granted new trials

The violations occurred during an undercover drug investigation in 2022, a judge wrote in a ruling last week.

Eight people who had pleaded guilty in connection with a Massachusetts State Police undercover drug investigation were granted new trials last week after a judge ruled that State Police violated laws governing wiretaps.

Judge Christopher LoConto wrote in a ruling last week in Fitchburg District Court that the case represents a failure on the part of the MSP on many levels.

The agency did not have the proper training practices or policies in place regarding recording equipment at the time of the operation in 2022, he wrote. The undercover operation itself appeared to have been poorly organized. Members of the MSP denied or shifted responsibility during testimonies, did not recall salient details, and did not acknowledge the “gravity of the situation” while testifying, he wrote.

The undercover investigation occurred in early 2022 in Fitchburg, Leominster, and Gardner. The MSP secretly recorded drug buys, but did not turn the recordings over to the Worcester County District Attorney’s office in a timely manner. This meant that the defendants were not able to examine the recordings before pleading guilty, and could not see if they were improperly entrapped or identified, according to the ruling.

There are exceptions if an officer’s safety is in jeopardy, but LoConto ruled that this was not the case.

“The recordings in these cases were not made for ‘officer safety,’ but rather for evidentiary purposes and to induce the cooperation of individuals suffering from addiction,” LoConto wrote.

Troopers also gave financial incentives to the defendants that were, for the most part, not disclosed to the defense. These “tips” were given to defendants to set up drug purchases. LoConto wrote that, in this way, the operation took advantage of people suffering from addiction and likely supported their continued dependence on drugs.

“It is clear from the testimony provided that the operation targeted, on many occasions, individuals in the throes of addiction (obvious physical signs of being addicted),” LoConto wrote.

The Massachusetts State Police did not respond to a request for comment on the ruling by press time.

During the high-profile

trial this year, MSP trooper Michael Proctor admitted that he “dehumanized” Read through misogynistic, crude texts to friends and co-workers. Proctor, who was investigating the case, is currently suspended without pay. The incident drew increased scrutiny on MSP operations. The agency has been plagued by a number of scandals in recent years.

Anthony J. Benedetti, chief counsel for the Committee for Public Counsel Services, called for reforms to the MSP in a statement to The Worcester Telegram & Gazette.

“We need immediate and comprehensive reforms to address this department’s deep-rooted issues in order to restore public trust and ensure the MSP upholds the highest standards of conduct and public service,” he told the Telegram & Gazette.