Assistant District Attorney Joyce Johnson asked a judge to drop the case against Officer Joseph F. Coggans of Dudley and to dismiss charges of resisting arrest, negligent driving, refusing to identify himself, failing to stop for police, obstructing an emergency vehicle and disorderly conduct. Fitchburg District Court Judge Edward Reynolds granted the request.

"This matter is a jurisdictional dispute between two law enforcement agencies and we believe the conduct of the officers involved should be reviewed by their superiors for any disciplinary action they deem proper," Ms. Foley said, reading a statement from Mr. Conte.

"The venue for the decision was in the court and we live by the court," Chief Cronin said. "It's time to move on."

Officer Coggans and his father, Joseph Coggans, and his Worcester lawyer, James J. Gribouski, left the courtroom, saying they weren't surprised by the outcome.

Officer Coggans' lawyer commented on his behalf.

On Nov. 18, Fitchburg Police Officer Joanne M. Bairos, who works for the department's traffic division, said she saw a sport utility vehicle from the Worcester County Sheriff's Department driving erratically over the Water Street bridge.

Officer Coggans left the courthouse with the prisoner. Meanwhile, the police street supervisor, Sgt. Jeffrey J. Howe, told all patrol officers to alert him if they saw the sheriff's department's vehicle.

Edward F. O'Brien, a lawyer for the sheriff's department, said at the time initial reports showed the Fitchburg police officer "interfered" with Officer Coggans' official duties.

Worcester County Sheriff Guy W. Glodis said he would not discipline Officer Coggans who, he said, performed his duties as he should have. Mr. Glodis pointed out that the incident occurred before he was elected to the sheriff's post.

He comments of support for his officer were followed by criticism of Chief Cronin.

"Is a sad case, it's a disturbing and hopefully we can put it behind us and move on," he added.

Judge Edward Reynolds agreed to send two charges against Joseph F. Coggans, 37, of Dudley, back to the clerk magistrate, but all other charges went forward during Mr. Coggan's arraignment yesterday morning in Fitchburg District Court.

Mr. Monopoli said Mr. Coggans has denied any wrongdoing on Nov. 18, when he went to pick up an "unruly" prisoner at the Fitchburg courthouse. Mr. Coggans was arrested after he allegedly refused to cooperate when a Fitchburg police officer confronted him to ask why he was driving erratically in a county vehicle with flashing blue lights over the Water Street Bridge.

"Judge, I would ask that the court remand all charges to the clerk magistrate's office for a hearing. Since all the charges are intertwined, I would ask you to remand the entire case," Mr. Monopoli said.

Judge Reynolds said those two charges, negligent operation of a motor vehicle and refusing to provide identification, could go before the clerk magistrate.

Police Sgt. Jeffrey J. Howe filed the charge of assault with a dangerous weapon the night Mr. Coggans was arrested, saying in his police report that he felt unsafe during a tense confrontation with the correction officer.

Judge Reynolds approved the motions, saying that any tapes that exist would be provided to the defense.

"This is an unfortunate incident. The courts are fair, the DA's office is fair, and justice will be done. My client has denied that he is guilty," Mr. Monopoli said.

Police Chief Edward F. Cronin said he supports Officer Joanne M. Bairos' decision to confront Mr. Coggans about his driving. According to her police report, Mr. Coggans refused to cooperate with her or identify himself when she approached him at the courthouse.

Sgt. Howe, the shift supervisor that night, heard Officer Bairos' conversations with the dispatcher and told all officers to notify him when they saw Mr. Coggans' transport vehicle leave the courthouse.

"Due to the deputy's lack of cooperation toward Officer Bairos, he created an atmosphere that caused me to believe a crime may be in progress," he continued.

"When the vehicle stopped, the driver of the vehicle jumped out of the cruiser very irate," he wrote, adding that he thought he saw Mr. Coggans was about to reach for his gun.

Mr. Coggans allegedly agreed to cooperate when backup officers arrived. Officer Jude H. Chabot arrested Mr. Coggans, who was released that night on personal recognizance.

November 23, 2004

FITCHBURG - A Worcester County Sheriff's Department correction officer accused of failing to stop his sport utility vehicle for Fitchburg police officers Thursday was following policy and procedure, according to Edward F. O'Brien, a lawyer for the Sheriff's Department.

Correction officers are not supposed to stop their vehicles when carrying prisoners between courthouses and the jail unless there is an accident, when they are required to notify the Worcester County Jail and House of Correction, Mr. O'Brien said.

Joseph F. Coggans, 37, of Dudley, was arrested Thursday after he allegedly failed to stop for Fitchburg police officers who wanted to question why he was driving his county transport SUV "erratically" on his way to Fitchburg District Court. There was a prisoner in the SUV.

Mr. Coggans' arrest has fueled a debate between the Fitchburg police and the sheriff's office about whether the Fitchburg police officer should have stopped the correction officer while a prisoner was in the vehicle.

Mr. O'Brien, who questioned the reason for the traffic stop, said the sheriff's office expects all correction officers to transport prisoners in a timely manner, minimizing security concerns for the officers and the community.

"I think the most important policy is that they have to transport a prisoner in as expeditious and secure manner as possible. There is another policy that the officers are to be kept in a position that they can have surveillance of a prisoner at all times," Mr. O'Brien said.

"Officers also shall not permit the prisoner to be out of sight or to permit another person to pass between them and their prisoner," he continued.

When there is a motor vehicle accident, correction officers are required to call the jail, he said, adding that Mr. Coggans did not call the jail that night because there wasn't an accident.

Mr. O'Brien called the traffic stop "dangerous" and said it could have diverted the correction officer's attention from the prisoner.

"When transporting a prisoner, securitywise it is the same as a prisoner in a cell and even held somewhat to a higher degree because it's a mobile situation," he said.

Fitchburg Police Chief Edward F. Cronin said he supports "100 percent" the three officers' decisions to confront and stop Mr. Coggans Thursday and place him under arrest after "Mr. Coggans refused to cooperate."

Chief Cronin said Officers Joanne M. Bairos and Paul M. McNamara approached Mr. Coggans outside Fitchburg District Court Thursday afternoon to find out why he had activated his blue flashing lights and had driven erratically across the Water Street Bridge. Officer Bairos, who was on traffic duty that night, wanted to know if there was an emergency.

Mr. Coggans allegedly continued into the courthouse, picked up his prisoner and left in the SUV, which was later stopped by Sgt. Jeffrey J. Howe near Walton and Pine streets.

Mr. O'Brien said it is common for correction officers to use their blue flashing lights to get to a courthouse on time.

"If an inmate is due in court at such and such a time, we sometimes have to use blue lights to get them to trial on time. Also, in this instance, Mr. Coggans was picking the prisoner up at 5 p.m. or after, and court personnel were being held up. They can't leave until the Sheriff's Department comes to get the prisoner," Mr. O'Brien said.

Mr. Coggans will face charges of failing to stop for police, disorderly conduct, refusing to identify himself, reckless driving, assault with a dangerous weapon (gun) and resisting arrest, according to police.

He is scheduled to be arraigned Dec. 3 in Fitchburg District Court, according to Elizabeth A. Stammo, spokeswoman for Worcester County District Attorney John J. Conte's office.

Ms. Stammo said it is not uncommon for arraignments to be delayed a couple of weeks because the lawyers involved may have to review several reports.

Christina Sanchez can be reached by e-mail at csanchez@telegram.com.

November 20, 2004

On-duty correction officer arrested -
Fitchburg chief backs patrolwoman's action

Worcester Telegram & Gazette (MA)

Author: Christina E. Sanchez

 

FITCHBURG - An on-duty Worcester County Sheriff's Department correction officer was arrested Thursday after he allegedly failed to stop his sport utility vehicle for a Fitchburg police officer, sparking a debate over whether the arresting officer's actions were warranted.

Joseph F. Coggans, 37, was charged with failing to stop for police, disorderly conduct, refusing to identify himself, reckless operation of a motor vehicle, assault with a dangerous weapon (gun) and resisting arrest. He is scheduled to be arraigned in Fitchburg District Court next week on a yet-to-be-decided day, according to a court official.

Fitchburg Police Chief Edward F. Cronin is standing behind his officers' actions that led to the arrest.

Meanwhile, the sheriff's office will investigate to determine if the Fitchburg officers' traffic stop was warranted and if the stop impeded the correction officer from doing his job of transporting a prisoner, according to Edward F. O'Brien, lawyer for the sheriff's department.

Mr. O'Brien said officials from Fitchburg District Court called the Worcester County Jail and House of Correction on Thursday for an officer to come get a prisoner, who was acting unruly in the courthouse jail.

"They made a special trip at the request of a judge because a prisoner was creating a disturbance in the jail cell. The Fitchburg Police Department should be asked what was the purpose in stopping the police van that was carrying a prisoner," Mr. O'Brien said.

"It would appear right now that the Fitchburg police officer interfered with him and his official duties. Stopping a van with a prisoner in it is one of the most dangerous things to do," he said.

Officer Joanne M. Bairos, who works for the department's traffic division, saw a Ford Explorer SUV from the sheriff's department with flashing lights allegedly driving erratically across the Water Street Bridge about 4 p.m. Thursday. Officer Bairos was driving in the opposite direction in an unmarked car that is used for traffic enforcement, according to Chief Cronin.

Officer Bairos called the Fitchburg police dispatcher to find out what was happening because she was not aware of an emergency in the city. She was concerned with the way the SUV was driving, Chief Cronin said.

The dispatcher informed her that the SUV was going to the courthouse to pick up a prisoner. Officer Paul M. McNamara went to the courthouse and approached Mr. Coggans and asked him to wait for Officer Bairos to arrive.

"Officer Bairos went to the scene, and they got into a conversation. Mr. Coggans was not cooperative," Chief Cronin said, declining to give details of the conversation.

He said Mr. Coggans went into the courthouse. Officers McNamara and Bairos informed the station supervisor, Sgt. Jeffrey J. Howe, of the events that occurred. Sgt. Howe asked that any officer who saw the SUV leaving the city notify him and he would stop the vehicle.

Sgt. Howe located the SUV on Boulder Drive and activated the flashing lights on his cruiser to stop the vehicle. There was a county prisoner transport van driving behind the SUV that immediately pulled over. The SUV stopped near Walton and Pine streets about one mile from Boulder Drive, Chief Cronin said.

"Sgt. Howe tried to identify him. Mr. Coggans refused to cooperate, and several other officers came to the scene. Officers at the scene have every reason to expect that when a person is stopped by a police officer that, regardless of who they are, they surrender their license," Chief Cronin said.

Another correction officer also was in the vehicle and cooperated with the officers, he said.

Mr. Coggans was arrested about 5 p.m. and later released on personal recognizance.

This is the second arrest in a month of an employee of the Worcester County Sheriff's Department. A guard at the House of Correction in West Boylston was arrested earlier this month by Gardner and state police and charged with kidnapping and raping a woman.

Chief Cronin said he supports the actions of his officers 100 percent.

"From reading the report, the facts speak for themselves. Officer Bairos is one of the most dedicated officers in the city. She takes traffic enforcement very seriously," he said.

"I think this could have been put to rest by the correction officer by explaining his business and identifying himself. Our investigation indicates that there was no emergency. If someone was cutting through traffic and driving in the manner as Officer Bairos indicated in her report, there was no reason for that," Chief Cronin said.

Mr. O'Brien said the sheriff's office will decide when the investigation is complete what actions, if any, would be taken against Mr. Coggans.

"They're (the correction officers) saying that the stop was unwarranted. And if the information I have is correct, which I believe it is, when the vehicle was stopped the (Fitchburg) officers pulled out their revolvers and pointed them at the corrections officer. As far as reprimanding, we will wait until the investigation is complete and we get all the facts and statements as far as people involved," Mr. O'Brien said.

Chief Cronin said this is the first incident in which a Fitchburg police officer has arrested a correction officer from the sheriff's department, which, he added, has had a good relationship with the city of Fitchburg.

"The union supported Sheriff (John M.) Flynn in the sheriff's race. Many of our officers worked at the House of Correction before they came here. Even Flynn used to be a Fitchburg police officer," Chief Cronin said, referring to the Fitchburg native