Suffolk DA Rachael Rollins Releases LEAD Database

BOSTON, September 25, 2020 — Suffolk County District Attorney Rachael Rollins this evening announced the expansion and revision of a database comprised of law enforcement personnel whose prior conduct could impact their credibility as witnesses in a court proceeding. The database is called LEAD – Law Enforcement Automatic Discovery.  

“The database will be one pillar of my office’s Integrity Review Bureau. As members of law enforcement, we are held to a higher standard. We in law enforcement cannot adequately perform our duties if the community does not trust us or believes that we lack integrity. That does nothing to keep our communities safe; to solve crimes; and to foster, cultivate, and build mutual trust and respect between the police and the people and communities they serve.  The LEAD database will help us ensure that the legal process works and people charged with crimes by our office receive all of the information they are entitled to in order to properly defend themselves.  The constitution requires as much,’’ said District Attorney Rollins. “If testimony provided by prosecution witnesses is suspect then the criminal legal system itself is suspect. All of us in law enforcement must be beyond reproach because what we do impacts matters of life, death, and freedom for the general public.”

“The overwhelming majority of law enforcement officers and employees in Suffolk County are dedicated and compassionate professionals who provide exemplary service to the communities they serve. The database is not voluminous, but the actions of the officers within LEAD are harmful, or potentially harmful to the community and the criminal legal system. When the credibility of law enforcement is in question, all participants in the system – and the public – should be aware of that. The people of Suffolk County deserve to know that the public officials they rely on for their safety are truly invested in it. Anything less is a betrayal of their trust and our obligation to serve.”

The LEAD database currently has some 136 names of law enforcement officers who work, have worked, or could work in Suffolk County. More than 115 names have been added in the last year.

There are several ways in which an individual can be added to the database, including:

 

• an investigation or prosecution into criminal conduct in any jurisdiction;

• an investigation in any jurisdiction based on discriminatory or defamatory actions, language or conduct targeting any protected category or class (including but not limited to: race; color; religious creed; national origin; immigration status; sex; gender identity; sexual orientation; pregnancy; ancestry; or status as a veteran);

• an investigation, including a law enforcement agency’s internal affairs or anti-corruption units/divisions in any jurisdiction casting doubt upon truthfulness or integrity; or

• a finding in any jurisdiction by a judge, an administrative agency, review board, or any oversight entity created by the legislature, federal, state, county, local or municipal elected official(s), or the like, that the individual employed by a law enforcement agency is not credible.

 

The District Attorney’s Office is committed to a policy to ensure both that law enforcement agencies are kept apprised of their officers’ activities that come under scrutiny by the office, and that defendants have access to information concerning alleged misconduct of prosecution witnesses, regardless of its admissibility in court.

“In these uncertain times we as a nation find ourselves in, with so much tension and mistrust between law enforcement and the communities we are sworn to protect, we must maintain credibility in everything we do,” District Attorney Rollins said. 

As part of District Attorney Rollins’ review and administration of the database, inclusion in the LEAD Database and removal from the database will mirror statutory time guidelines concerning the admissibility of prior convictions that is set forth in state law. (G. L.c. 233, § 21.)  To be clear, this disclosure protocol exceeds any current statutory and common law obligation and does not concede admissibility in any court proceeding.  It is, however, reflective of this office’s continued commitment to complete transparency and fair and equitable prosecution.  

“The clock starts running from disclosure.  So to be clear, when we learn of Internal Affairs or Anti-Corruption investigations through the Boston Globe, the Dorchester Reporter, Commonwealth Magazine, or any other media outlet or publication and not our law enforcement partners, the clock starts running from the article date, not the infraction or investigation date.  This should hopefully encourage disclosure and cooperation,” said District Attorney Rollins.  Officers can also appeal in writing to the Office when they believe that they should be excluded from the list and those appeals will be reviewed initially by the First Assistant District Attorney and General Counsel, and then ultimately by the District Attorney.  

“This is a living document,’’ said District Attorney Rollins. “Names will be added to it, when, for example we are made aware of an investigation or any of the other entry criteria, and names can come off if an investigation exonerates someone, or an appeal is sustained.’’ 

The Suffolk County District Attorney’s Office discovery policy will meet or exceed constitutional and ethical obligations and reflect a culture of integrity, transparency and honesty.

 

Suffolk County District Attorney Rachael Rollins’ office serves the communities of Boston, Chelsea, Revere, and Winthrop, Mass. The office handles over 25,000 cases a year. More than 160 attorneys in the office practice in nine district and municipal courts, Suffolk Superior Court, the Massachusetts Appeals Court, the Supreme Judicial Court, and the Boston Juvenile Courts. The office employs some 300 people and offers a wide range of services and programs to serve anyone who comes in contact with the criminal justice system. This office is committed to educating the public about the services we provide, our commitment to crime prevention, and our dedication to keeping the residents of Suffolk County safe.

SCDAO