Shortly after the civil service ruling, police unions representing Leeman and Pagliuca said the officers would appeal their suspensions and the commission’s ruling supporting the suspensions to Superior Court.
Earlier this week, Cox said those unions have formally asked the commission to reconsider its ruling in the case, and that both sides are awaiting that decision. The officers must wait for that decision before they can appeal to court, Cox said.
According to police reports, Charles Noyes, a former state police deputy superintendent, crashed his SUV in West Newbury, then kept driving with his air bags deployed until police found him in the travel lane just over the Haverhill line near the Rocks Village Bridge.
An internal Haverhill police investigation concluded that Noyes was given special treatment by West Newbury and Haverhill police officers due to his previous state police position, and that officers acted to cover up their actions in investigating the incident.
The Haverhill probe found that officers declined to arrest Noyes or charge him with drunken driving, even though they had enough evidence to do so, and that reports by officers were so poorly written that prosecutors could not later charge Noyes with drunken driving.
Appeals from punishment by the Haverhill officers rely on the fact West Newbury Sergeant Daniel Cena was the first officer on the scene and, according to police reports, was the only officer who witnessed Noyes at the wheel. It was Cena’s decision to charge Noyes with leaving the scene of the accident, but not to charge him with drunken driving and not to arrest him, police reports in the case said.
An outside investigation commissioned by West Newbury concluded that Cena and another town officer on the scene, Royster Johnson, did not violate any department rules, regulations or policies in their handling of the incident. That report, by retired Methuen police Chief Bruce MacDougall, contradicts the findings of the Haverhill probe that officers from both departments gave Noyes special treatment.
Noyes eventually was sentenced in Newburyport District Court to six months of unsupervised probation after admitting there were sufficient facts to find him guilty of negligent driving and leaving the scene of an accident that caused property damage.