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According to an unofficial source, the Massachusetts State Police has concluded its internal affairs investigation regarding Trooper Michael Proctor, whose actions during the investigation which led to the Karen Read trial, as part of the Norfolk County Detective Unit, drew harsh comments from Governor Maura Healey.
Trooper Proctor remains relieved of duty and suspended without pay. The Department will convene a trial board on January 15 as the next step in the disciplinary process. The trial board is not open to the public.
The State Police relieved Trooper Proctor of duty on July 1, 2024, transferred him from the Norfolk County Detective Unit to field services (though he was ineligible to work), convened a duty status hearing, and suspended him without pay effective July 8, 2024. According to the source, at the conclusion of any internal affairs investigation, the Department may pursue charges that would be adjudicated by a State Police Trial Board. The Board makes disciplinary recommendations to the Superintendent who determines the final outcome.
The applicable section of Department’s Rules & Regulations is 6.7:
6.7.1 A State Police Trial Board shall hear cases regarding violations of Rules,
Regulations, Policies, Procedures, Orders, or Directives. A Trial Board
hearing shall be a formal administrative proceeding
6.7.2 A Trial Board shall consist of three staff and/or commissioned officers
appointed by the Colonel/Superintendent. The Board shall be presided over
by a President, as designated by the Colonel/Superintendent. The President
shall designate a member of the board as Secretary.
6.7.3 No member of a Trial Board shall sit in a hearing in which a member of
his/her own Troop/Section/Unit is either a complainant or defendant; nor,
shall s/he sit in on any other case in which his/her personal or official
relations to either party or to counsel might properly raise a question of
impartiality. Said member shall be excused and replaced by an alternate.
6.7.4 The charged member, prior to the hearing date, may request a continuance.
Continuances may be granted by the Colonel/Superintendent. No
continuance shall be granted within seventy-two hours of the Trial Board
Hearing unless extenuating circumstances warrant the granting of such
continuance. If criminal charges are pending against the charged member,
the hearing may be postponed until after the criminal disposition.
6.7.5 The hearing shall be under the full control of the Board, and no person,
whether an official of the Department or not, shall be permitted to bepresent
or take part without the unanimous consent of the Board.
6.7.6 The charged member is entitled to be represented by counsel, but counsel
shall not be provided by the Massachusetts State Police. All proceedings
shall be recorded. The charged member shall have the right to present
evidence, to call witnesses on his/her behalf, and to cross-examine
witnesses against him/her. Witnesses shall testify under oath or affirmation.
The Trial Board is not bound to follow strict rules of evidence.
6.7.7 Upon the completion of the testimony presented by the prosecution and
defense, the Board shall accept evidence from the Department prosecutor of
prior offenses/disciplinary history. Any such records or evidence submitted
shall be used only after the charges have been adjudicated by the Trial
Board and for the sole purpose of recommending discipline under Rule 6.9.
Should the member wish to address the Board on the issue of any such prior
discipline, the Board shall hear any such additional arguments.
6.7.8 The Trial Board, by a majority vote and in writing shall summarize the
evidence, and make findings of fact. The Trial Board shall enter a
determination of “Guilty” or “Not Guilty” for each charge/specification. In
the event that the Trial Board finds guilt by a preponderance of the evidence
on one or more of the charges, the Trial Board shall consider the evidence
presented by the Department prosecutor pertaining to the accused member’s
prior offenses/disciplinary history, and shall make recommendations for
administrative action in accordance with Rule 6.9.
The Board shall forward said findings to the Lieutenant Colonel/Deputy
Superintendent. Should the Board recommend increased discipline under the
Discipline Guidelines, the Trial Board should note the same in its
recommendation, referring to specificprior offenses. In the event the Trial
Board finds the member not guilty, such finding shall be final and
conclusive, except as otherwise provided by law.).
