NORTH ANDOVER — The family of Kenneth Howe blames "physical beatings" inflicted on him by police and their "delayed calling for medical services" for his "wrongful death" after being arrested at a state police sobriety checkpoint last Nov. 25.
Merrimack Valley
January 27, 2010
Family names 33 officers in wrongful death suit
A federal civil rights lawsuit filed yesterday by Howe's wife and three children names 33 officers in addition to North Andover Police Chief Richard Stanley, Essex County Sheriff Frank G. Cousins and Massachusetts State Police Col. Mark Delaney — as defendants responsible for the 45-year-old Worcester man dying while in police custody.
"There is no rationale and no justification for beating this man to death," Boston Attorney Frances King said at a news conference after filing the lawsuit. She was joined by Howe's wife, Margaret and two of his daughters, Ashleigh, 15, and Dakota, 10.
King cited a finding by a state medical examiner who ruled Howe's death a homicide caused by "blunt impact of head and torso with compression of chest."
The report also listed cardiovascular disease — clogged arteries and heart disease — as "other contributory conditions."
The lawsuit, which seeks unspecified monetary damages and a jury trial, claims Howe was beaten after traveling to North Andover from his home in Worcester with two friends to buy a speedboat on the night before last Thanksgiving Day.
All of the 33 officers named in the report "breached" their duty "when they used unreasonable and excessive force" or "through their failure to intervene to stop the beating," the lawsuits alleged.
At yesterday's press confrence, King called on the U.S. Attorney's Office to investigate the circumstances surrounding Howe's death.
"It's absurd to have the Massachusetts State Police investigate the State Police," King told reporters, questioning the capability of the Essex County District Attorney's Office to conduct an impartial probe since its criminal investigators are state police assigned to the prosecutor.
Stephen O'Connell, spokesman for District Attorney Jonathan Blodgett, declined to comment on the lawsuit.
But O'Connell confirmed that Blodgett met in Boston yesterday with representatives of the U.S. Attorney's Office to discuss the case.
"We will continue to speak with them as the investigation progresses," said O'Connell.
"The investigation is being spearheaded by Assistant District Attorney Gerald P. Shea, a 25-year veteran of the office and our senior most Superior Court trial attorney," he said.
Lenny Kesten, an attorney for the 13 North Andover police officers named in the lawsuit, called King's claims "irresponsible." Kesten said Howe struggled with police and was conscious and alert when he was put into a state police cruiser.
"It's tragic that this man lost his life," he said. "It's a tragedy for his family and friends. Everybody regrets that it happened, but no police officer murdered him or tried to. It was a struggle and he passed away."
David Procopio, director of media communications for the State Police, said it's the agency's policy not to comment on legal matters or ongoing investigations. He deferred questions to the district attorney's office.
The sheriff's office, which had two deputies named in the lawsuit because of their presence at the sobriety checkpoint, had no comment.
"I have not seen an actual copy of the lawsuit nor has the sheriff," said Paul Fleming, spokesman for the sheriff's office.
North Andover Police Chief Stanley, who was at the scene of Howe's confrontation in front of The Eagle-Tribune buiding, could not be reached for comment. He did not return a message left on his cell phone.
"Defendant Stanley knew or should have known that the use of excessive force to apprehend unarmed suspects, the failure to intervene and/or ameliorate
the physical attack upon Kenneth when an opportunity to do so existed, and the failure to provide timely and adequate medical services would result in the
contravention of Kenneth's constitutional rights," the lawsuit claimed.
Stanley, who was named along with a dozen other North Andover police officers, was indifferent to " subordinates' unconstitutional conduct was the affirmative link to Kenneth's death," Howe's family alleged.
Authorities say Howe was taken into custody after striking a trooper and trying to flee.
But the lawsuit said Trooper Jodi Gerardi "forcefully removed Kenneth from the truck and screamed, 'He assaulted me!', even though Howe "never struck the officer."
"At that point, between approximately ten (10) and twenty (20) law enforcement officers swarmed on Kenneth," the lawsuit alleged.
The lawsuit cites a series of 43 photographs taken by Eagle-Tribune photographer Carl Russo, who was leaving the office at the time of the incident. The photos allegedly show Howe face-down on the ground surrounded by police officers, some of whom are on top of him and restraining him.
The suit noted the time that elapsed between Howe's detention at the sobriety checkpoint and his arrival at Lawence General Hospital where he was dead on arrival was about 46 minutes.
"If Kenneth was taken directly from the checkpoint to Lawrence General hospital, the time that would have elapsed would have been approximately seven (7)
minutes," the suit said.
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