Mass. police discipline agency to further probe former Hopkinton sergeant's actions

MILFORD — A recently appointed Milford police officer has been suspended by the Peace Officers Standards and Training (POST) Commission , as it seeks to further investigate what he knew — but did not report — about an alleged sexual assault in neighboring Hopkinton, where he had served until earlier this year.

Timothy Brennan, a former Hopkinton police sergeant who joined the Milford police force last month, has been suspended and placed on unpaid administrative leave by the POST Commission pending a further disciplinary hearing. He had been fired in Hopkinton in February, after the Select Board there voted to accept a recommendation to do so from Police Chief Joseph Bennett .

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Bennett said the former sergeant violated several department policies, including failing to report misconduct and failing to support a fearful victim.

Milford police chief: POST Commission is sending the wrong message

However, Milford Police Chief Robert Tusino told the Daily News he disapproved of the POST Commission's decision, saying Brennan was doing what was best for the victim.

"He did what was right," Tusino said of Brennan. "He protected the victim. He was always making sure the victim was safe and we're going to proper channels."

The POST Commission is a state agency that helps investigate police misconduct complaints and certifies officers. It was created in 2020 as part of criminal justice reform legislation.

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Tusino said that in this case, the commission is sending the wrong message.

"All this does is confirm that police officers shouldn't go to outside agencies," the Milford chief said. "They shouldn't listen to the victims and advocate for victims, they should just be robots and do exactly what the administration tells them to do and that's wrong."

Tusino said Brennan was doing what the victim wanted and having the POST Commission say that's wrong sends a bad message to future victims.

"All they have done is they've really minimized victims and their thoughts," Tusino said of the commission. "This is why victims don't come forward."

"I hope I get to testify in further hearings for this," he added. "It sets a bad precedent moving forward. He (Brennan) should be commended for how he handled things."

Brennan's attorney, Daniel Fogarty of Boston-based Sandulli Grace , could not be reached for comment.

Former Hopkinton sergeant fired after not reporting alleged rape

The case swirls around Brennan knowing, but not reporting, about rape allegations against Hopkinton's now-retired deputy police chief, John "Jay" Porter . The rapes allegedly occurred when the accuser was a minor and Porter was the school resource officer at her school.

Porter is currently awaiting trial.

Brennan has previously said in public statements that Porter's accuser first told him about the allegations in 2017, when she was an adult. Brennan said he didn't report the allegations because she had told him she wouldn't corroborate the story. He and his attorneys argued that by not reporting the assaults, Brennan made it possible for the accuser to come forward to the Middlesex County District Attorney's Office .

'Discussions were unsuccessful': Hopkinton fires sergeant for not reporting sexual assaults

The independent investigator retained by the town, New York City-based Kroll , found several instances in which Brennan violated department rules and regulations, according to a redacted copy of the report that was previously provided to the Daily News.

As of Aug. 16, Brennan is listed on the POST Commission database as being "conditionally certified," meaning he must complete certain certification requirements no later than 90 days after the date of his return to active service, which is unknown at this time.

The database lists a number of allegations, mainly unbecoming conduct and failure to respond to an incident according to established procedure.

It's unclear when Brennan's hearing will take place.

Daily News multimedia journalist Norman Miller contributed to this report.

This article originally appeared on The Milford Daily News: Mass. police discipline agency to further probe former Hopkinton sergeant's actions