Fired
cop asks judge to toss assault charge
Mark Richardson's
court motion filed under seal
By Kyle Stucker
SEABROOK — The defense
attorney for a former town officer facing a police brutality charge has filed
under seal a motion to dismiss the indictment against his client.
Mark Richardson, 39, of
West Newbury, Mass., is scheduled for trial in November on one count of
enhanced misdemeanor simple assault by an on-duty law enforcement officer.
Richardson is accused of slamming then-19-year-old Seabrook resident Michael
Bergeron Jr. head-first into a Seabrook police station wall on Nov. 11, 2009.
Attorney Peter Perroni's
motion is 15 pages long and raises "six legal issues," according to a
document filed in Rockingham Superior Court by prosecutor and Assistant
Attorney General Jay McCormack.
Details of Perroni's
motion aren't available, though, as the motion itself is under seal.
McCormack hasn't yet
filed a response to Perroni's motion. He has until Sept. 8 to do so because a
judge has extended the deadline on Aug. 21. When reached by phone, McCormack
said he "cannot speak to anything under seal," comment on whether the
state will file an objection, or comment on further aspects of the case.
Richardson allegedly
slammed Bergeron, now 23, face-first into the cell block wall after Bergeron
was arrested for driving while intoxicated on Nov. 11, 2009. The incident first
came to light on Jan. 6 of this year after Bergeron posted station surveillance
video of the incident on YouTube. Richardson is the only officer facing
criminal charges, although he and officer Adam Laurent were fired July 23 after
the completion of an independent internal affairs investigation into the
incident.
Laurent allegedly pepper
sprayed Bergeron while he was on the floor after Richardson slammed him into
the wall.
Officer Keith
Dietenhofer was present during the incident and was suspended for two days for
his failure to adequately report it.
John Wasson was demoted
from lieutenant to patrolman because he failed to report the incident to
superiors and failed to look into the matter when asked by the alleged victim's
mother. Wasson is fighting his demotion. Town Manager Bill Manzi denied his
grievance on Aug. 21, although Wasson has the option to appeal that decision
with the Board of Selectmen or go right to binding arbitration.
