Members of the Massachusetts Civil Service Commission kept considering an appeal on Wednesday from Massachusetts State Trooper Michael Proctor, who was dismissed due to misconduct charges following Karen Read’s initial trial.
In March, a three-person panel determined that Proctor violated four department rules, such as sending offensive text messages regarding Read, disclosing confidential details about Read’s case to non-law enforcement individuals, appearing biased against Read, and consuming alcohol while on duty related to a separate cold case.
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The attorney for Proctor, Daniel Moynihan, spent a significant portion of Wednesday questioning internal affairs investigator Detective Lt. Kevin Dwyer, who authored the report that resulted in Proctor’s termination earlier this year. The state police’s legal representative appeared visibly irritated throughout the session and frequently raised objections.
Over the course of the two-day hearings this week, Moynihan contended that Proctor’s investigation was hurried due to political influence and there was no proof that his client’s personal sentiments toward Read affected the case or breached any guidelines.
Notes from the hearing:
Dwyer determined that Proctor’s derogatory text messages regarding Read damaged the department’s reputation but did not affect the investigation. He mentioned that an eight-page preliminary report was submitted in July 2024, although the investigation was not yet complete and the report required peer review.
Moynihan states that state police do not have a policy that stops investigators from expressing personal opinions on their personal cellphones; however, Assistant General Counsel Stephen Carley from the Massachusetts Department of Public Safety mentioned that conduct guidelines are in effect at all times.
“It makes no difference whether it happens via email, smoke signal,” Carley stated.
Proctor, who previously served as the lead investigator in the case of John O’Keefe’s death, is currently appearing before the Civil Service Commission. This independent and impartial appellate body will determine his future.
On Tuesday, Carley showed a video from Read’s initial trial where Proctor was seen reading text messages to a friend. Proctor mentioned that at one moment, he believed O’Keefe may have been physically harmed, and that Read “intimidated” him with a car.
During his opening remarks, Carley stated that Proctor “drank alcohol and then drove his patrol car while on duty, shared confidential details with people not in law enforcement, and referred to the suspect and later defendant, Karen Read, as ‘a babe’ and ‘a nut bag.'”
His legal representative claims that Proctor’s personal emotions towards Read had no effect on the investigation’s credibility or the result of the case against Read.
“Michael Proctor did not commit an offense. Michael Proctor did not breach a particular rule that forbids personal behavior on a personal phone, as there is no such specific rule. These are two crucial points to keep in mind during this case,” Moynihan stated.
Dwyer, the individual who looked into the claims against Proctor, was the sole person to provide testimony during the hearing.
During cross-examination, Dwyer acknowledged that there was “media pressure” after Proctor’s testimony in the Read case, but he stated that no one ever instructed him to expedite the Proctor investigation.
The session is set to resume in October.
In his written statement, Proctor mentioned that he had no prior disciplinary actions and that all messages in question were sent using a personal phone during his time off, under the assumption of his right to privacy. In the end, Proctor claims he was treated unjustly.
“The control enforced on the Appellant was significantly more severe and different from the discipline given to other Department members who faced a first-time violation of Article 5.8.2, Unacceptable Performance,” Proctor’s appeal states.
During Read’s first trial, Proctor was asked about messages he sent to a group of friends. After reviewing one message where he referred to Read as a “mad person” and used a curse word, he apologized to the jury for his “unprofessional” remarks.
In a different text message, Proctor informed his sister that he wished Read would take her own life. Proctor referred to his messages as “deeply regrettable.”
Proctor was put on hold and subsequentlyterminatedfollowing the conclusion of Read’s initial trial, which resulted in a deadlocked jury.
Read was ultimately acquitted of murder chargesin the death of O’Keefe in a second trial, but was found guilty of OUI.
Proctor has denied planting evidenceduring the inquiry, and his family stated theyfaced harassmentdue to the prominent case.
Video below: A state police colonel provides remarks regarding the Proctor case
Following the trial board’s ruling, Proctor’s family expressed that they were “deeply disappointed with the trial board’s decision.”
It has no prior example, and unjustly targets and blames one of their own, a trooper who has maintained a 12-year clean record. Despite the Massachusetts State Police’s questionable and persistent attempts to uncover more incriminating evidence against Michael Proctor from his phones, computers, and cruiser data, the only messages found on his personal phone — referring to the individual who killed a cherished Boston Police Officer — are what they discovered.
The messages demonstrate one fact, and that Michael is human — not corrupt, not ineffective in his position as a homicide detective, and certainly not unsuitable to remain a Massachusetts State Trooper.
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READ THE FULL STORY:The attorney for Proctor questions the internal affairs investigator during cross-examination.
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