Post by KC on Feb 18, 2006 14:00:16 GMT -5
02/18/2006 - SALEM, N.H. — An arrest warrant was issued for fired Salem police Officer Kenneth P. Mulchahey after he did not write a letter of apology to a Methuen sergeant he assaulted outside a local movie theater by Jan. 31, authorities said.
But when the apology arrived yesterday — 17 days late — court officials withdrew the warrant, Methuen police Chief Joseph E. Solomon said last night.
"It's not too bright considering all he had to do was write a letter" and file it on time, Solomon said.
Mulchahey's lawyer had an explanation as to why his 43-year-old client didn't say sorry sooner.
"He submitted the letter slightly late because of travel due to his military commitment," Salem defense lawyer Mark L. Stevens said. "It's my understanding that he's satisfied his obligation."
Mulchahey told local officials he is on active duty training with the Army National Guard in the Virginia-North Carolina region. Before the warrant was issued, authorities talked to Mulchahey and explained the consequences of an absent apology letter, Solomon said.
Contacted yesterday on his cellular phone, Mulchahey refused comment before hanging up on a reporter.
Mulchahey was arrested Oct. 8 and charged with assault and battery on a police officer after an incident with Methuen Detective Sgt. James P. Jajuga outside the Loews movie theater at The Loop in Methuen.
Under a deal reached with prosecutors in December, Mulchahey acknowledged that the court had sufficient evidence to find him guilty of the felony charge.
In turn, a judge decided to continue the case without a finding for one year — meaning the court made no determination as to Mulchahey's guilt or innocence. It also meant that so long as Mulchahey stayed trouble-free for a year and complied with his probation, the charges would disappear, leaving him with a clean record.
But when he didn't file the apology letter by Jan. 31, he was found in violation of his probation. Officials at Lawrence District Court scheduled him for a Feb. 14 hearing, and when he didn't show they issued a warrant for his arrest, court records show.
It was unclear last night how the court will proceed — whether it will allow the case to continue as if nothing happened, or consider reopening the charges against Mulchahey.
If the court chooses the latter, a judge could find Mulchahey violated his probation, and, without finding Mulchahey guilty or conducting a trial, could then sentence him to the maximum 10-year prison sentence for assaulting Jajuga.
Should that happen, Mulchahey would automatically lose his certificate to work as a police officer, said Keith H. Lohmann, director of the New Hampshire Police Standards and Training Council.
Meanwhile, Mulchahey is trying to get his job back in Salem, where he spent 20 years on the force. Town Manager Henry E. LaBranche fired Mulchahey in November. But an arbiter will conduct a hearing April 7 and decide whether to uphold the firing.
Salem fired Mulchahey twice before, only to have an arbiter reverse the termination. The last time he returned to the force, it came with a demotion from sergeant to patrolman.
The whole situation — the absent apology letter and skipped court appearance leading to the warrant for Mulchahey's arrest — left Salem officials shaking their heads.
"I guess I'm not surprised about any of this having gone through what I've had to go through the last two years with him," Salem police Chief Paul T. Donovan said.
"When somebody gives you a break, the smart thing to do is what you're required to do."
But when the apology arrived yesterday — 17 days late — court officials withdrew the warrant, Methuen police Chief Joseph E. Solomon said last night.
"It's not too bright considering all he had to do was write a letter" and file it on time, Solomon said.
Mulchahey's lawyer had an explanation as to why his 43-year-old client didn't say sorry sooner.
"He submitted the letter slightly late because of travel due to his military commitment," Salem defense lawyer Mark L. Stevens said. "It's my understanding that he's satisfied his obligation."
Mulchahey told local officials he is on active duty training with the Army National Guard in the Virginia-North Carolina region. Before the warrant was issued, authorities talked to Mulchahey and explained the consequences of an absent apology letter, Solomon said.
Contacted yesterday on his cellular phone, Mulchahey refused comment before hanging up on a reporter.
Mulchahey was arrested Oct. 8 and charged with assault and battery on a police officer after an incident with Methuen Detective Sgt. James P. Jajuga outside the Loews movie theater at The Loop in Methuen.
Under a deal reached with prosecutors in December, Mulchahey acknowledged that the court had sufficient evidence to find him guilty of the felony charge.
In turn, a judge decided to continue the case without a finding for one year — meaning the court made no determination as to Mulchahey's guilt or innocence. It also meant that so long as Mulchahey stayed trouble-free for a year and complied with his probation, the charges would disappear, leaving him with a clean record.
But when he didn't file the apology letter by Jan. 31, he was found in violation of his probation. Officials at Lawrence District Court scheduled him for a Feb. 14 hearing, and when he didn't show they issued a warrant for his arrest, court records show.
It was unclear last night how the court will proceed — whether it will allow the case to continue as if nothing happened, or consider reopening the charges against Mulchahey.
If the court chooses the latter, a judge could find Mulchahey violated his probation, and, without finding Mulchahey guilty or conducting a trial, could then sentence him to the maximum 10-year prison sentence for assaulting Jajuga.
Should that happen, Mulchahey would automatically lose his certificate to work as a police officer, said Keith H. Lohmann, director of the New Hampshire Police Standards and Training Council.
Meanwhile, Mulchahey is trying to get his job back in Salem, where he spent 20 years on the force. Town Manager Henry E. LaBranche fired Mulchahey in November. But an arbiter will conduct a hearing April 7 and decide whether to uphold the firing.
Salem fired Mulchahey twice before, only to have an arbiter reverse the termination. The last time he returned to the force, it came with a demotion from sergeant to patrolman.
The whole situation — the absent apology letter and skipped court appearance leading to the warrant for Mulchahey's arrest — left Salem officials shaking their heads.
"I guess I'm not surprised about any of this having gone through what I've had to go through the last two years with him," Salem police Chief Paul T. Donovan said.
"When somebody gives you a break, the smart thing to do is what you're required to do."