By Tony Dobrowolski
The Berkshire Eagle
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PITTSFIELD, Mass. — Mayor James M. Ruberto yesterday officially fired police Officer Patrick Duffy for allegedly punching a subdued and handcuffed Pittsfield man in November 2006 and for lying about it in police reports.
Duffy had been on paid administrative leave since early 2007.
This is the second time that Duffy has been fired from the department. He was let go on Sept. 4, 2002, after a woman claimed he sexually assaulted her while he was on duty and for not telling police dispatchers his location when the incident took place. But in July 2004, the City Council, at Ruberto’s request, reinstated Duffy over the objections of the police union. Patrick Duffy is the son of retired Fire Chief Stephen Duffy.
Ruberto said that the circumstances surrounding the 2002 incident warranted Duffy’s reinstatement, but he declined to comment on the 2006 punching incident. Duffy was not charged in the former case, and law enforcement authorities agreed not to charge Duffy in the latter one.
“It would be inappropriate for me to make any comments about Patrick Duffy or his status,” Ruberto said yesterday. “This is a personnel matter. As you know, I don’t discuss personnel matters publicly.”
The police investigation into the Nov. 3, 2006, incident was based on a citizen’s complaint. Nicholas Lighten of Pittsfield claimed that Duffy punched him in the right eye and forehead with his right fist while Lighten was prone on the ground, subdued and handcuffed.
Lighten filed the complaint alleging assault and battery and police brutality three days after the incident, according to an internal affairs report by Pittsfield Police.
The investigation found that Duffy committed assault and battery, filed an arrest report and a use-of-force form with false information, and made false reports in a second ordered report.
In a letter to Duffy dated Tuesday, Ruberto stated that he was terminating Duffy’s employment with the city of Pittsfield based on the findings of an administrative hearing that took place last week. The termination officially went into effect yesterday, said Pittsfield’s labor relations attorney, Fred Dupere.
According to the written report, hearing officer Bruce I. Collingwood recommended that Duffy be terminated instead of suspended, based on the seriousness of the incident -- striking Lighten in the face after he had been subdued and handcuffed, and falsifying police reports.
Lighten was charged with assault and battery on a police officer, disorderly conduct and resisting arrest, but the charges were dismissed at the commonwealth’s request on Feb. 23, 2007.
“Truthfulness is critical in the position of a police officer,” Collingwood stated in his report. “A police officer must at all times be truthful in all investigations, including investigations where the police officer is the subject of the investigation.
According to Dupere, Duffy has 10 days from receiving a copy of the written administrative hearing report to file an appeal of his termination with the Civil Service Commission.
Duffy’s attorney, Elizabeth J. Quigley of Pittsfield, said her client intends to appeal his termination both to the Civil Service Commission and in Berkshire Superior Court.
“He has been a police officer and had served with distinction for some period of time,” Quigley said. “He looks forward to being vindicated by the courts.”
In the course of the investigation, both Duffy and Lighten were given polygraph examinations, but Duffy agreed only after the district attorney’s office agreed it would not pursue charges against Duffy.
The officer who examined the results of Duffy’s polygraph test determined that “Officer Duffy’s test results are indicative of deception to the target issue,” according to the administrative hearing report. The examiner who reviewed Lighten’s polygraph charts believed “he was not attempting deception,” the report states.
Patrick Duffy’s history
2002
Aug. 15: A woman files a complaint against police Officer Patrick Duffy, claiming that he came to her house in uniform while on duty and sexually assaulted her. Duffy had apparently met the woman on July 28 when she was the alleged victim of sexual abuse.
Sept. 4: Duffy is fired after Police Chief Anthony J. Riello recommends that Duffy be terminated.
2004
July 13: Over the objections of the police union, the City Council approves Mayor James M. Ruberto’s request to reinstate Duffy to the Police Department and votes 9-1 in his favor.
2006
Nov. 3: Duffy and Officer Michael Megaro respond to a domestic incident on Ridgeway Avenue. Nicholas Lighten is charged with assault and battery on a police officer, disorderly conduct and resisting arrest.
Nov. 6: Lighten files a citizen’s complaint with Pittsfield Police charging assault and battery and police brutality. It is alleged in the complaint that Duffy punched Lighten in the right eye/forehead area with his right fist while the victim was prone on the ground, subdued and handcuffed.
Dec. 1: An internal investigation conducted by Pittsfield Police determines that Duffy committed assault and battery, filed an arrest report with false information, filed a use-of-force form with false information and made false reports in a second ordered report. Duffy is soon placed on paid administrative leave.
2007
Feb. 23: The criminal charges against Lighten are dismissed at the commonwealth’s request.
July 13: The state Attorney General’s Office defers to an earlier decision rendered by the Berkshire District Attorney’s Office and agrees not to prosecute Duffy. Duffy agrees to take a polygraph test after being granted immunity from prosecution by both law enforcement agencies.
July 19: The district attorney’s office declines to pursue potential charges against Duffy so that the city of Pittsfield can seek his dismissal.
2008
April 15: An administrative hearing takes place at Pittsfield City Hall.
April 22: Ruberto concurs with hearing officer Bruce I. Collingwood’s recommendation that Duffy be fired.
April 23: Duffy’s termination is official.
Copyright 2008 The Berkshire Eagle