Police: Hate crime allegations without merit

By George P. Hassett

Allegations by five Somerville women that they were harassed and assaulted because of their sexual orientation outside a Magoun Square bar on Nov. 18 and then rebuffed by responding police officers when they called for help are without merit, according to witnesses and video store surveillance, a Somerville police investigation concluded this week.

“[The incident] is just not what it was made out to be,” Capt. Paul Upton said.

On Nov. 18 the five women were in On the Hill Tavern, a Magoun Square bar. Also in the bar was Richard Malloy, of Methuen.

One of the women, Lisa Deloia, told city officials she and her friends were attacked by Malloy and she was briefly knocked unconscious. She said Malloy shouted homophobic slurs at her and her friends while they waited in line at the Dunkin' Donuts at the corner of Medford Street and Broadway in Somerville, then followed the group back to one woman's home a block away and continued shouting at them. When they told Malloy to leave, Deloia claimed he turned violent - punching the women repeatedly.

Malloy allegedly fled before police arrived and when officers did come on the scene they were unhelpful and dismissive of Deloia and her charges, according to Don Gorton of the Gay and Lesbian Anti-Violence Project.

“The initial police response was only cursory. There were no reports filed and the involved parties were allowed to leave the scene,” he said. “These women were subject to violence and the police essentially told them to take a hike.”

In a Nov. 24 letter to then-Acting Chief Robert R. Bradley, Gorton and the Gay and Lesbian Anti-Violence Project, complained about the police response on behalf of the alleged victims and claimed the incident was a hate crime.

Deloia and the other women involved also met with State Rep. Carl M. Sciortino, D-Somerville and Mayor Joseph A. Curtatone to raise their concerns.

Upton said Bradley immediately ordered a complete investigation by the Somerville Police Detective Unit and the Office of Professional Standards to determine if the incident was a violation of civil rights and if the police response was appropriate. 

Lead investigator Michael Mulcahy reviewed surveillance video from a nearby Dunkin' Donuts and interviewed 11 witnesses involved in the case, police said. In the department's conclusion, released Tuesday, he determined the women's allegations were without merit and a hate crime had not occurred.
In it he wrote “After reviewing Somerville Police Officer Robert Driscoll's initial police report, securing and viewing security/surveillance videos rom Dunkin' Donuts located at 504 Broadway and interviewing the above referenced witnesses and involved parties, it is the opinion of the Family Services Unit that probable cause to support the allegations of Civil Rights Violations with injury as defined by Mass. General Law Chapter 265, section 39 does not exist in this matter.” 

Upton, the department's  spokesman said the opinion was based on the lack of key criminal elements required to satisfy the hate crime statute. He said it does not appear that Malloy ever verbally confronted or physically assaulted any of the women due to their homosexuality. 

He said some of the allegations made by Deloia and her companions contradicted one another and the video evidence. On the Dunkin Donuts surveillance video Malloy  at no time appeared to be threatening or abusive, he said. 

By all witness accounts, police said, the alleged perpetrator did not assault or threaten anyone inside Dunkin' Donuts. 

At some point, police admit, there was a physical altercation between Malloy and the women. However, according to Mulcahey's investigation, it was Malloy who may have been a victim that night.

Mulcahey contended that based on statements from Malloy and his sister, they were both victims of assault and battery by means of a dangerous weapon when one of the women threw hot chocolate in his face.

However, Gorton said the women were defending themselves when they threw hot chocolate at Malloy and the entire police investigation, he said, raises more questions about the incident than answers.

“I can't say I'm satisfied with this outcome,” he said. “The Somerville police seem to be equaling self-defense to counter violence and they fail to get to the bottom of what really happened that night.”

Gorton said Deloia and the women were punched to the point of bruising and they have pictures to back up those assertions. Somerville police, he said, do not appear to understand the hate crime statute and the elements used to prove the crime.

After Mitt Romney disbanded a special commission that trained officers in recognizing and investigating hate crimes, Gorton said local police have been increasingly unable to properly investigate hate crimes.

The Nov. 18 incident in Magoun Square, he said, is just one example.

“I have seen it statewide,” he said. “If there is a villain here it is not the Somerville Police Department. It is former Governor Mitt Romney.

However, Gorton said the system did fail Deloia and her friends and sent a chilling message to Somerville citizens in the process.

“Is Somerville going to prosecute hate crimes? These women were beaten by a 225 pound man, what more will it take? It is understandable the Somerville police have trouble identifying a hate crime with the cuts by Romney. But only the victims are left to suffer,” he said.

Sciortino declined to comment until he could gather more information on the police investigation. Curtatone spokesman Tom Champion directed all questions regarding the incident to the police department.

Comments

[jm]

Hate crimes: the attempt at categorization tells society that some murders and beatings, and therefore some victims, are more important than others. The whole concept is ludicrous.

[cabbie]

jm -

Tell that to Matthew Sheppard or say any of the 1000s of black men who where lynched in this country.

What I don't get about hate crimes is the idea that I couldn't possible punch a gay black latino asian jew because he was an asshole to me. Of course it would be said it was a hate crime and my motivation was that I hate gay black latino asian jews.
Now, if you can conclusively prove in a court of law that my hatred of gay black latino asian jews was the reason,I have no problem with that being branded a hate crime.

Why is the concept of what should be a hate crime so hard to comprehend? That's addressed at the Howie Carr set who doesn't think such a crime could exist AND the lefties who think any minority who gets so much as looked at cross-eyed is a victim of a hate crime.

And before anyone gets their BVDs in a twist - some of my best friends are gay black latino asian jews.

[jm]

jm -

Tell that to Matthew Sheppard or say any of the 1000s of black men who where lynched in this country
+++++++++++++++++++
I never implied that so-called hate crimes shouldn't be severely punished....just no more so than any other crime. If someone abducts, beats and murders someone because they are gay, female or black, that is no worse or better than abducting robbing and beating someone to steal their wallet or because you want a "thrill kill" or because you woke up on the wrong side of bed. The murder should be prosecuted according to whether it is first, 2nd degree or manslaughter etc.....not according to what the motivation was. That is not relevant.

[Doug]

It's just another way of prosecuting people who do these things and an extra safeguard against any loopholes, wacky judges, etc. If you want to see criminals prosecuted, hate crimes are good because they give DAs more weapons.

[Imux]

Doug, shouldn't anyone who murders, rapes and steals be prosecuted equally? Does it matter more if the victim is black/lebo/gay? If so, why? These laws are as bad - if not worse - than the Jim Crow laws. It separates people and crimes based on who commits the crime and what color/sexual preferenace the victim has. In 50 years people will look back on affirmative action and "hate crime" laws and wonder how stupid our moonbats are. The answer will be: VERY.

[JPM]

Doug. No it is not another way to prosecute. Any so called "hate crime" could be prosected under existing laws. Hate crime statutes also have to prove the additonal factor that the crime was motivated by bias against a certain group, and usually allows for stiffer penalties. it does not provided any extra safeguards or shield you from"wacky judgges." The DA doesn't need any extra weapons. If you can't prove murder under the murder statute, you aren't going to be able to prove it under the hate crime statute either.

[Doug]

I look at it more as an additional tool in making sure the bad guys are prosecuted. You know how the lawyers, judges are, especially in Mass. If there's a way to give a criminal an extra 10-20 yrs, I'm all for it.

[JPM]

Doug. I clerked for the Mass trial court for a year. I can tell you that depsite the Boston Herald's best efforts the trial court judges in Mass. are, with the odd exception, superb.(compare this to states that elect their judges). Most of them are exceptionally well qualified both professionally and educationally. Jusges are human and sometimes make mistakes, which is why we have appeals courts. On the whole they apply the law to the facts before them. Most of the Herald type gripes require a change in the law....which is up to the state leg, not judges!

[Doug]

Fair enough JPM...Totally defer to your experience on that. I didn't mean anyone specific, was more referring to the "system". My main point was that I don't have a problem with the hate crime laws because to me it's just more ammunition against criminals. I do understand the opposition though.

[John]

Hate crimes are bullshit everyone should be treated equally just beacuse your black or gay you should get no special treatment these girls were far more volved in the incident that happened and tried to screw this guy with hate laws theres alot more to the story why is it not a hate crime when a black guy hits a white guy because he dont like white people that would never get prosecuted its bullshit and biased and needs to go

[Bill Shelton]

Imux reasonably asks, "Doug, shouldn't anyone who murders, rapes and steals be prosecuted equally?"

I believe that they should.

He asks, "Does it matter more if the victim is black/lesbo/gay?" I believe that it does not, UNLESS, their "black/lesbo/gay" status was the reason for their victimhood. I think that Cabbie has made this distinction brilliantly.

Imux asks why such a distinction should exist. I believe the answer is because we, as a society, have decided that we want to create a world where [to paraphrase Imux] in 50 years people will look back at hate crime laws and wonder why we were so stupid.

[haters//libs]

haters/libs/lesbos/disgruntled/ is anyone surprised at the bold accusations and outcome?

[Smokescreen]

After all the investigations by different agencies and after being maligned by the other rag in town, nevermind being attacked by the Mayor and State Rep. Carl M. Sciortino the Malloys have a big apology coming nevermind seeking out complaints for assault and battery by means of a dangerous weapon against the :

"At some point, police admit, there was a physical altercation between Malloy and the women. However, according to Mulcahey's investigation, it was Malloy who may have been a victim that night.

Mulcahey contended that based on statements from Malloy and his sister, they were both victims of assault and battery by means of a dangerous weapon when one of the women threw hot chocolate in his face."

The Malloys went through hell because of these bunch of troublemakers. But the truth finally came out and these "women" have set back so called "hate crimes" a decade by lying and playing up the gender card.

BTW: Don Gorton of the Gay and Lesbian Anti-Violence Project, why don't you tuck your little tail between your legs and admit you tried and defend a bunch of liars. Just because your gay doesn't mean you can't lie and deceive.

State Rep. Carl M. Sciortino, I am hoping that Trane runs against your one issue ass and beats you like a drum. I am from a different ward but would gladly help Trane anyway I can!

[Another thought]

"...in 50 years people will look back at hate crime laws and wonder why we were so stupid..."
Well, I guess I'm ahead of my time, because I already look at laws that determine someone's thought patterns, and prosecutes based on them, as stupid!

[JPM]

We do not need hate crimes statutes. Anyone committing a hate crime can and should be prosecuted to the full extent of the law using existing existing statutes! In Mass you get mandatory life without parole for murder (no judge discretion) which is a pretty harsh penalty....and rightly so.

For example,does anyone belive that a heinous crime in which an individual murders a store clerk at a 7/11 during a robbery should receive less time than someone who murders because of someone's race/ ethnicity etc??? In my eyes both are equally apalling crimes. One is not worse than the other.
Bill, do you care to address this?

[Sciortino is a twit]

Where is your apology to the Malloys you little coward. Are you just another little puke that won't admit he is wrong?

Beating double dipper Vinnie Ciampa is one thing ( he is only qualified to make eggs over easy )but my little lad the next election cycle will be a lot more different as people have tired of your one pony show.

[Sciortino is a twit]

While you are at it why don't you contact the publisher of your favorite paper (Bay Windows) and tell them the real victims of a crime were the Malloys. There little write up about this incident was disgusting!

[Yorktown Street]

Everyone should be treated equally: yes. That means no one should be subjected to violence because of being Catholic, gay, black, female, or you name it. If people are subjected to violence because of hatred toward their groups, they are not being treated equally. Therefore, hate crime legislation moves us toward a more equal society. It moves us only a tiny step, but every step is worth it.

[So.....]

Yorkie,

Does that also include fat or pimpled or big nosed or ugly people as well?

The story above reads:

"Police: Hate crime allegations without merit"

Some people throw out this "hate crime" allegation because they know it works whether they are the victim or aggressor. Look what happened in this story, the Malloys were crucified by a bunch of lies, certain people and groups took the lying womens word that they were the victims and the Malloys went through hell because of it. Does anyone have any backbone to say they are sorry to the Malloys?

[JPM]

Everyone should be treated equally: yes. That means no one should be subjected to violence because of being Catholic, gay, black, female, or you name it. If people are subjected to violence because of hatred toward their groups, they are not being treated equally. Therefore, hate crime legislation moves us toward a more equal society. It moves us only a tiny step, but every step is worth it.

Posted by: Yorktown Street | January 23, 2008 at 10:31 AM

***********************
I think you need to take logic classes. The question is not whether or not crimes are committed against certain groups, but do we need "hate crime" statutes? The answer is we do not, as any crime committed against an individual, assault, murder etc....can be prosecuted under existing laws. It seems that people want a hate crime statute for symbolic value alone. Hate crime statutes say, "crimes against group X are more serious than crimes against group Y." A fallacy.

[Fake Hate Crime]

These fakes need to be prosecuted vigorously. Our criminal justice system is being fatally undermined by our failure to deal effectively with false police reports.

[Moron Actions and Quotes]

Guilty until proven innocent.

The other rag in town really jumped on the bandwagon with this story.....how does it feel to have egg on your faces?

A few of their lazy reporting paragraphs:

“The victims were informed by the responding officer that the perpetrator had 15 prior arrests for assault and battery. Yet the officer failed to make an arrest at the scene on available legal grounds, and the perpetrator has not been charged,” said Don Gorton, chairperson of the Gay and Lesbian Anti-Violence Project, in an email. “I am hopeful that the investigation will move briskly and that the police and District Attorney will bring the perpetrator before a Grand Jury. Once probable cause has been ascertained, an arrest should be made.”

Mayor Joe Curtatone reportedly met with one of the victims Thursday and assured that her that the city is conducting an investigation that will address both the potential
criminal charges arising from this incident and the procedures followed by the responding officer.

Local representatives are also concerned.

“We, as a community, have zero tolerance for any kind of gay bashing or hate crime and this needs to be taken seriously,” said Rep. Carl Sciortino who recently met with one of the victims.

So, Mayor Joe, did you bother to meet with the Malloys to get their side of the story? I think not, that wouldn't have been politically correct, now would it?

So, Rep. Carl Sciortino, did you bother to meet with the Malloys to get their side of the story?
We know a little twit like you had to take sides and not represent all of the people.....right?

So, Somerville (RAG) Journal have you printed the real story and not the made up lazy reporting one? I'm sure the cop said 15 prior arrests from the top of his head.....how moronic your scummy paper is.

Don Gorton go keep sniffing for more lies!

[Imux]

York, you squealed this moronic statement "That means no one should be subjected to violence because of being Catholic, gay, black, female, or you name it...". I have to ask why does it matter what the person is? Why does it make a difference if the person is black/hispanic/female/Catholic? A person is a person, right? Doesn't that segregate us all?

Why should one group of victims have "special" status and have all the politicians falling over themselves to pander to? Now do you see how stupid you (and your little libaloon buddies) are?

As I said before, these laws (along with restraining orders) are a joke and are abused by lowlifes constantly. Nowadays in this city if you're a white guy, who believes in God and who likes to date straight women (with big YA YAS!) you're the minority. No wonder the Islamofacists think we're all going to hell. pfffffttt.... we are.

[Another Ron]

Ron Paul on Hate Crime legislation
Unconstitutional Legislation Threatens Freedoms

May 7, 2007

"Last week, the House of Representatives acted with disdain for the Constitution and individual liberty by passing HR 1592, a bill creating new federal programs to combat so-called “hate crimes.” The legislation defines a hate crime as an act of violence committed against an individual because of the victim’s race, religion, national origin, gender, sexual orientation, gender identity, or disability. Federal hate crime laws violate the Tenth Amendment’s limitations on federal power. Hate crime laws may also violate the First Amendment guaranteed freedom of speech and religion by criminalizing speech federal bureaucrats define as “hateful.”

There is no evidence that local governments are failing to apprehend and prosecute criminals motivated by prejudice, in comparison to the apprehension and conviction rates of other crimes. Therefore, new hate crime laws will not significantly reduce crime. Instead of increasing the effectiveness of law enforcement, hate crime laws undermine equal justice under the law by requiring law enforcement and judicial system officers to give priority to investigating and prosecuting hate crimes. Of course, all decent people should condemn criminal acts motivated by prejudice. But why should an assault victim be treated by the legal system as a second-class citizen because his assailant was motivated by greed instead of hate?

HR 1592, like all hate crime laws, imposes a longer sentence on a criminal motivated by hate than on someone who commits the same crime with a different motivation. Increasing sentences because of motivation goes beyond criminalizing acts; it makes it a crime to think certain thoughts. Criminalizing even the vilest hateful thoughts--as opposed to willful criminal acts--is inconsistent with a free society.

HR 1592 could lead to federal censorship of religious or political speech on the grounds that the speech incites hate. Hate crime laws have been used to silence free speech and even the free exercise of religion. For example, a Pennsylvania hate crime law has been used to prosecute peaceful religious demonstrators on the grounds that their public Bible readings could incite violence. One of HR 1592’s supporters admitted that this legislation could allow the government to silence a preacher if one of the preacher’s parishioners commits a hate crime. More evidence that hate crime laws lead to censorship came recently when one member of Congress suggested that the Federal Communications Commission ban hate speech from the airwaves.

Hate crime laws not only violate the First Amendment, they also violate the Tenth Amendment. Under the United States Constitution, there are only three federal crimes: piracy, treason, and counterfeiting. All other criminal matters are left to the individual states. Any federal legislation dealing with criminal matters not related to these three issues usurps state authority over criminal law and takes a step toward turning the states into mere administrative units of the federal government.

Because federal hate crime laws criminalize thoughts, they are incompatible with a free society. Fortunately, President Bush has pledged to veto HR 1592. Of course, I would vote to uphold the president’s veto.

[Are the Police.....]

afraid of bringing charges against these "women" for filing a false police report and assault and battery on the Malloys?

Mayor Joe and Rep. Carl do you represent ALL of the people or just the ones that lie and deceive because of their sexual orientation?

[El Guapo]

Everything is so politically correct. There will be no charges brought for filing a false police report but I hope the Malloys take action civilly because this is a disgrace!

[Politically Correct]

What burns my ass is that Mayor Curtatone and State Rep. Carl M. Sciortino met with these liars because they fabricated this hate crime crap and never gave Malloys a chance to tell their side of the story.

Thank God for video cameras, otherwise the Malloys would have been arrested even though they are innocent. What a system!

[Sciortino]

Pony boy......what action are you going to take to help the Malloys bring charges against your Bay Window friends?

This issue will not go away.....believe me. So you better address it or your little cushion job up at Beacon Hill will be short and not so sweet.

Your PDS friends don't seem to want to bail you out of the mess you created with this situation.

Mayor Curtatone I thought you would be man enough to address this situation...but I guess I was wrong.

Alderman Trane I hope you are gearing up to pounce this little puke (Sciortino) come election time.