Rachael Rollins recused as feds eye Suffolk DA Kevin Hayden in MBTA Transit Police case

2022-09-12 05:55:37 By : Ms. Bianhong Li

Sign up for email newsletters

Sign up for email newsletters

U.S. Attorney Rachael Rollins’ office has sought and received a recusal from a possible federal review of Suffolk DA Kevin Hayden’s actions and those of his top deputy in a case involving MBTA Transit Police, according to a memo obtained by the Herald.

“THIS IS FORMAL NOTICE that Bradley Weinsheimer, Associate Deputy Attorney General (ADAG), has approved the recusal of the entire United States Attorney’s Office for the District of Massachusetts from the investigation and possible prosecution of Suffolk County, Massachusetts District Attorney and First Assistant District Attorney,” the central office of the Department of Justice wrote in a memo disseminated Sept. 1.

A federal law-enforcement source said this centers around the Boston Globe story that made claims and suggestions that Hayden and his top deputy Kevin Mullen broomed an investigation into allegedly false reports written by MBTA Transit Police officers.

“We have received no information whatsoever regarding any external inquiry into this investigation,” Hayden’s office said in a short statement Sunday night.

Hayden has repeatedly insisted he and his office did not act inappropriately, and that they continue to investigate the incident in question.

The memo approves Rollins, who was Hayden’s predecessor as Suffolk DA before she was appointed U.S. Attorney for Massachusetts, to recuse herself — and to recuse the whole office. A nearby U.S. attorney’s office is likely to handle the case completely.

A spokeswoman for Rollins’ office declined to comment. It’s DOJ policy never to confirm or deny the existence of an investigation.

The Globe story on Hayden dropped last month amid the final days of a nasty DA primary race. Hayden has insisted nothing untoward happened and that he continues to investigate the allegations, which the Transit Police department itself sought prosecution for.

This issue became somewhat overshadowed in the waning days of the DA’s race when the Globe ran another piece on old sexual-assault investigations against Hayden’s opponent, City Councilor Ricardo Arroyo, who himself maintained he’d done nothing wrong and tried to lay the leak of the protected documents at Hayden’s feet.

Hayden won last week’s primary and is not facing an opponent in the general election.

Northeastern Law Professor Daniel Medwed, who focuses on prosecutorial misconduct, sent a letter to Rollins’ office shortly after the Globe report on the Transit Police situation dropped, calling for the feds to look into it.

He wrote in the Aug. 16 letter to Rollins — which a source said is part of what initiated these moves toward a review — that “these allegations strike me as matters of grave public concern. I kindly request that you conduct an appropriate investigation into these and related actions.”

Medwed on Sunday told the Herald, “No one should be above the law, including prosecutors. No one knows where this will lead, but I’m glad they’re taking a look.”

We invite you to use our commenting platform to engage in insightful conversations about issues in our community. We reserve the right at all times to remove any information or materials that are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, indecent or otherwise objectionable to us, and to disclose any information necessary to satisfy the law, regulation, or government request. We might permanently block any user who abuses these conditions.

Sign up for email newsletters