Bowman said Noyes immediately “flashed his badge” to a West Newbury police officer on the scene and told the officer that he was a retired lieutenant with the state police.
“While leaning on the back of his vehicle, (Noyes) reminisced with a Haverhill police officer about his days on the state police,” the report said. “He denied being the driver of the vehicle and at one point told a police sergeant how, ‘in the good old day’s, they would just him go. Mr. Noyes was asking for a favor — and he got one,” Bowman wrote.
Bowman said police officers sworn to uphold the law “opted not to conduct a field sobriety test, not to ask Mr. Noyes to take Breathalyzer test, and did not perform even the most rudimentary tasks expected of a police officer.”
“It is painfully clear that had Mr. Noyes not ‘flashed his badge’ that night, he likely would have been arrested for OUI or at minimum subjected to a field sobriety test,” Bowman wrote.
Bowman said Noyes’ testimony to the commission was “even more offensive” than his actions at the accident scene. Noyes testified at the hearing under a subpoena served upon him by Leeman’s attorney.
“Mr. Noyes first testified before the commission that, after reaching for his cell phone in his vehicle, he has no memory of the events that occurred thereafter until he was placed in the ambulance and transported to the hospital,” Bowman wrote.
But, later at the hearing, Bowman said, Noyes testified that he remembers several details “with certainty,” including that there was blood on the windshield of his vehicle, as well as on his head, shirt and arms. Noyes testified that the blood was the result of his head striking the windshield, the report said. Noyes also testified that he told personnel at the accident scene that he had the flu and that he cut himself with a chainsaw three years ago that caused him to have trouble walking, the report said.