No Charges Filed After Accident Involving Politician
Police Re-Open Investigation
POSTED: 5:40 pm EDT April 28,
2006
UPDATED: 7:18 pm EDT April 28,
2006
BOSTON -- A Cambridge city councilor who caused a multiple car crash in December will not face charges, despite reports from witnesses who said he was drunk.NewsCenter 5's Janet Wu reported that a clerk magistrate ruled Friday that Boston police did not follow proper procedure at the crash scene, and no charges will be filed.Galluccio arrived with his two high-powered, politically-connected attorneys leading the way. Cameras and most reporters were barred from the hearing, but Clerk Magistrate Daniel Hogan confirmed that on Dec. 18, following a five-car crash, which Galluccio admits he caused, the Cambridge city councilor was so belligerent that he had to be restrained.But Hogan dismissed the Boston Police Department's complaint, because officers failed to charge Galluccio the night of the accident, and no one was seriously injured."Absolute outrage. This is a guy who couldn't walk, couldn't talk. In my observation he was absolutely drunk," accident victim Peter Manderino said.But Hogan said Manderino was not a credible witness and told reporters, "I believe you can reach the inference he consumed alcohol, but not to the level of operating under the influence. Consumption of alcohol did not impair his ability to operate.""I was there," accident victim Edward Prisby said. "The guy piled into three parked cars -- three cars stopped at a stoplight."Hogan said he did not find most of the witnesses who testified against Galluccio credible, and he felt the testimony of one of the EMTs who treated Galluccio the night of the accident was inconclusive, even though the Boston police complaint reported that the EMT, Thomas Alfieri, stated "that he treated Galluccio and noticed that he was definitely alcohol-impaired ."A second EMT, who was not asked to testify, agreed with Alfieri. A third victim testified he could not smell alcohol on Galluccio's breathe that night because he was standing 10 feet away."They never asked me if I believed that he was alcohol-impaired or intoxicated in the hearing today," accident victim Christopher Ryder said."This is the third time this matter has been reviewed. Each time, it was decided in favor of Mr. Galluccio. Enough is enough," Galluccio's attorney David Eisenstadt said."This is the triumph of politics over justice. We call on the city of Boston to appeal this to the justices of the Boston Municipal Court," said David White-Lief, an attorney for one of the victims.White-Lief said he has written to Suffolk County District Attorney Dan Conley and the Boston Police Department, asking them to appeal the decision.Galluccio was charged with drunken driving in two previous accidents. He received a pardon from former Gov. William Weld for one conviction.Hogan said he was not aware of Galluccio's past record.
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