THIS STORY HAS BEEN FORMATTED FOR EASY PRINTING

Officers who drove Galluccio home not under investigation

By John R. Ellement
Globe Staff / November 18, 2009

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Cambridge police will not investigate the actions of the two officers who gave state Senator Anthony D. Galluccio a ride home early on Oct. 4, about 13 hours before Galluccio rear-ended a minivan before speeding from the scene, the department said yesterday. Galluccio, police were told at the time, was “too intoxicated’’ to drive.

Police Superintendent Steven Williams said the officers will also not face internal discipline for not reporting the incident because there is no written policy requiring individual officers to write reports when they transport citizens in noncriminal incidents.

“In this case, the officers did not violate any department policy,’’ the police said in a statement. “Mr. Galluccio’s vehicle was not at the scene, and officers did not observe him attempting to drive any vehicle.’’

Williams said yesterday that the department has already performed 500 “conveyances’’ so far this year, including for medical issues. But he did not immediately have a breakdown of the number of cases involving intoxicated citizens.

Although officers did not initially write a report on the Oct. 4 ride they provided, they were ordered to do so on Oct. 29 as the department documented its investigation.

The officers involved were identified in the report as Stephen Kervick and Michael Cherubino.

Through a spokesman, the Cambridge senator yesterday declined comment and referred to a statement issued Monday. “This is an ongoing legal process,’’ Galluccio said in the statement. “Out of respect to all parties involved, I cannot comment until the process is completed.’’

While police will not mount an internal investigation, Plymouth District Attorney Timothy J. Cruz’s office is independently conducting a criminal investigation into Galluccio’s behavior that morning.

“That matter is currently under investigation and therefore we will decline to make any comment,’’ Assistant Plymouth District Attorney Bridget Norton Middleton said on Cruz’s behalf.

Cruz’s office is handling the case to avoid conflict of interest issues for Middlesex prosecutors.

Also yesterday, Williams explained how it took the department 24 days after police cited Galluccio on a charge of fleeing the scene to learn that he had contact with police earlier on the same day as the crash.

Williams said the interaction was discovered on Oct. 29 as the department was pulling together evidence underpinning the case for Cruz’s office.

He said department superiors then ordered the officers to write a report about the Oct. 4 event.

Galluccio was found in the parking lot of a Sunoco gas station in the Fresh Pond area located around the corner from the Café Basha on New street where police were told Galluccio had parked his car.

“We just wanted to get it documented and provide it to the DA, so they could do with it what they wish,’’ Williams said when asked why it had no evidentiary value but was still provided to Cruz’s office.

Williams said that the early morning Oct. 4 interaction did not have any bearing on the investigation. Galluccio, 42, has pleaded not guilty to charges of leaving the scene after causing property damage and to leaving the scene after causing personal injury.

“It would not have had any [impact] regarding the criminal case,’’ Williams said. “It would not have had a direct link to it . . .(because) of the lapse of 13 hours.’’

Police gave Galluccio a ride home around 4:30 a.m. on Oct. 4. At 5:30 p.m. that day, he rear-ended the minivan carrying a Cambridge family, police say, and fled the scene.

Galluccio’s actions on the evening of Oct. 4 were publicly known shortly after the incident. But only on Monday, Nov. 16. did the department release the report detailing how police gave the senator a ride home on the morning of Oct. 4, after being asked about it by the Globe and, apparently, other media.

Police also said yesterday that some information in the police report is incorrect. The report stated police went to the gas station on Concord Avenue to investigate a man being detained by a gas station employee “because they felt he was too intoxicated to drive away.’’ Police now say the caller was a friend of Galluccio’s who had already tried to drive him home. Frustrated that Galluccio was unable to tell him where he lived, the friend called 911.

John Ellement can be reached at ellement@globe.com.