EagleTribune.com, North Andover, MA

Merrimack Valley

November 30, 2009

Police brutality alleged in man's death

Family, friends erect memorial

NORTH ANDOVER — An attorney representing the family of a Worcester man who died in police custody last week alleges that officers beat him before he collapsed.

"It appears that there were at least 10 to 20 police officers all over the deceased, hands flailing," said attorney Frances King of Boston, who is representing the family of Kenneth Howe, 45.

Howe was a passenger in a vehicle stopped at a sobriety checkpoint in front of The Eagle-Tribune on Route 114 just before midnight on Wednesday.

He struck a police officer after being asked to step out of the vehicle and was subdued after a short foot chase, according to Stephen O'Connell, spokesman for Essex County District Attorney Jonathan Blodgett.

Police charged Howe with assault and battery on a police officer.

While being booked at the Andover state police barracks, Howe slumped over, was unresponsive and was transported to Lawrence General Hospital, where he was pronounced dead at 12:45 a.m. Thursday, O'Connell said previously.

King, who requested all photos of the incident, spoke to The Eagle-Tribune last night after more than 20 of Howe's friends and family erected a memorial at the scene.

The mourners declined to comment. They left candles burning and caused a small grass fire that was extinguished by a security guard at the newspaper.

King said investigators from Blodgett's office interviewed the 27-year-old friend who drove the pickup truck in which Howe was a passenger. A state police spokesman deferred to the district attorney's office for comment.

"This matter is being fully investigated," O'Connell said. "We are still interviewing witnesses and awaiting final autopsy results and won't comment until the investigation has been completed."

The checkpoint was conducted by state and North Andover police and the Essex County Sheriff's Department.

Eagle-Tribune photographs, which have been posted at www.eagletribune.com, show Howe on the ground with what appears to be four officers restraining him. The photos were taken moments after a photographer heard a commotion.

Howe traveled to the area with the other two men, whom King declined to identify, to buy a boat. They stopped at Stop & Shop on Route 114 to buy food for Thanksgiving dinner, then started hauling the boat home, King said.

Howe tried to dispose of a marijuana cigarette and put his seat belt on when they came upon the roadblock, King said.

A female state trooper approached the truck and Howe held both hands up and tried to explain that the cigarette was all he had in his hand, King said.

The trooper reached into the truck, pulled him out, and screamed that Howe assaulted her, according to King.

"Our position is that he never assaulted her," King said.

King said Howe "was also seen handcuffed and slumping to the ground, dragged over to the cruiser."

"This type of behavior is not representative of police officers in general," King said.

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