EagleTribune.com, North Andover, MA


January 2, 2013

Demoted sergeant suspended in 2011

Third accusation of him giving preferential treatment to officer


“After speaking with (Fogarty) for approximately 15 minutes, you determined that he had an apparent odor of alcoholic beverage on his breath,” DeNaro wrote to Miller. “You then asked one of the responding officers if he believed (Fogarty) was ‘lit’ and the officer responded by shrugging his shoulders.”

The chief’s letter said Miller observed a can of beer on the side of the road near (Fogarty’s) vehicle.

“You failed to check the beer to determine if it was cold and never inquired of the officer if the beer belonged to him,” DeNaro wrote. “Even though you detected an odor of alcohol on the only driver involved in this accident you failed to have any standard roadside sobriety tests conducted at the scene.”

The Police Department’s investigation concluded that Miller “compromised the public’s confidence in the department’s ability to equitably enforce the laws of the Commonwealth,” the letter said. “Your cavalier response to this situation also raises concerns about your ability to supervise the members of your squad, especially when difficult decisions have to be made.”

Miller served his unpaid suspensions in the Fogarty case in November and December 2011.

In the 2005 crash involving Regan, investigators concluded Miller conducted a questionable investigation and violated several Police Department rules in his handling of an incident in which Regan crashed his Mercury into another vehicle at the intersection of Route 110 and Forest Street and then fled the scene.

Police found that Miller changed the nature of Regan’s crash on police paperwork from a hit-and-run to a “regular” motor vehicle accident. The investigative report said Miller declined to charge Regan with a crime after meeting with an unidentified state trooper less than one hour after the crash. The meeting took place in a Haverhill shopping mall, according to the police report, which also stresses that Regan was no longer a state trooper at the time.

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