NewburyportNews.com, Newburyport, MA

Local News

August 29, 2013

Former Newburyport officer found not guilty

Jury clears McCarthy of felony perjury charge

(Continued)

The trial was almost postponed a fourth time after a bomb scare phoned into the Federal Street courthouse around 9:15 a.m. forced the evacuation of the building. Louison said he was about 5 to 10 minutes into his opening statement when everyone was ordered out of the courtroom. By 11 a.m. the courthouse was reopened and McCarthy’s trial continued.

An Essex County District Attorney spokesperson declined to comment on the verdict.

In January 2012, Louison attempted to have the perjury case thrown out. He filed a motion to dismiss the perjury charge, stating the grand jury that indicted McCarthy in July 2011 did so in error. Louison argued that McCarthy’s action during the Stack trial had no bearing on the case. The next month, a Salem Superior Court judge disagreed and denied Louison’s motion.

Stack died in December 2012 of heart failure at the age of 47.

McCarthy resigned from the Newburyport Police Department on July 19, 2011, after almost 14 years of service. His resignation came days before he was indicted. McCarthy earned about $70,000 in 2010.

Days after resigning, McCarthy filed for retirement benefits from the city’s retirement board. Last August, the retirement board unanimously approved his request, saying it had no choice, since although McCarthy was charged with perjury, a felony, he had not been convicted of anything.

McCarthy’s tenure with the Newburyport Police Department was marked by several internal confrontations with co-workers and supervisors.

Since 2001, McCarthy had been disciplined on a few occasions by his superiors.

In 2007, he filed suit against the city and several former and current officers claiming he was unfairly disciplined. He also claimed to be harassed and intimidated by other police officers, who, he said, also filed false charges against him relating to his suspensions. In the suit, McCarthy claimed he was unfairly disciplined by then-Acting Marshal Thomas Cappelluzzo in 2001 for allegedly leaking information critical of the department to a local newspaper.

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