nothin Cop Suspended For Tipping Off Pal | New Haven Independent

Cop Suspended For Tipping Off Pal

A New Haven police sergeant has received a 60-day suspension for alerting a friend that police were investigating him.

Just a heads up too-be on your best with zero fuck ups‑I heard something that Wallingford PD is still watching/following you,” the sergeant texted his pal, a crack user under investigation for possible dealing.

Acting Chief Otoniel Reyes suspended the sergeant, Brian McDermott, after an internal investigation found he violated the department’s rules of conduct barring officers from associating with criminals or targets of active investigations, and from divulging confidential information about police investigations. He was also found to have misused a department cellphone.

McDermott’s unpaid suspension began April 14. He had previously been on paid leave since top cops learned last year about his associations with the Wallingford investigation target, Paul Tomasello.

On The Radar

Wallingford police first notified New Haven cops about the relationship on April 9, 2018, according to an internal affairs (IA) investigatory report written by Sgt. Carlos Maldonado. The police department released a lightly redacted copy of the report to the Independent in response to a Connecticut Freedom of Information Act request.

Wallingford cops were investigating whether Tomasello was selling crack out of his house. On Jan. 31 detectives spotted McDermott’s car (registered to the New Haven police) in the driveway, with a man later confirmed to be McDermott talking on his cell phone. After a few minutes, McDermott drove away. He retuned shortly thereafter” and went inside Tomasello’s garage with him, according to the IA report. He left by himself 30 – 45 minutes later.

A subsequent check of Tomassello’s cell phone found four calls from McDermott’s personal cell phone on Jan. 31.

Police subsequently raided Tomasello’s home and vehicle and arrested him after finding a small amount of crack cocaine and heroin.” Tomasello subsequently pleaded guilty to four drug charges and is on probation. He was not charged with selling drugs.

Imma Text You A Dif #”

Wallingford police also obtained a warrant to search Tomasello’s phone. On it they found the following text messages exchanged between Tomasello and McDermott, exchanged on April 1, according to the IA report:

McDermott: Just a heads up too-be on your best with zero fuck ups‑I heard something that Wallingford PD is still watching/following you.”

Tomasello: I can’t believe I can’t leave the state what do they think I’m some kind of trafficker. Besides all the good stuff comes from the middle of Massachusetts doesn’t it. Thanks and I see them watching me.”

McDermott: When I went to your house, they ran my plate. I got back to New Haven and eventually got back to me.”

Tomasello: Wow they ran your plate. Fucking great. Question. Can they or would they follow me out of Wallingford into another town. I only ask because I often feel like I have a tail.”

McDermott: They can follow you anywhere they want. Before we speak, I’d also assume they’re listening to your calls.”

Tomassello: Call me later. Imma text you a dif number. That’s clean. 100% sure.”

Timing

The timing of those texts would prove problematic for McDermott, since he was handing over information that he had learned on the job, according to the IA report.

On March 12, weeks before those texts, then-Assistant Chief Reyes and then-Assistant Chief Herb Johnson had met with McDermott in Reyes’s office to inform him that Wallingford police had seen him visiting Tomasello during their drug investigation.

Assistant Chief Johnson reminded him that he could not be associating with known felons, drug dealers or anyone involved in criminal activity,” the IA report states. Sergeant McDermott stated that was not the case and assured them that he himself was not using drugs.”

The report states that when Asst. Chief Johnson subsequently saw the text messages McDermott sent Tomasello following that meeting, Johnson reiterated that the information Sergeant McDermott disclosed to Tomasello had been provided to him during the meeting in Assistant Chief Reyes’ office.”

McDermott’s Side

Johnson wasn’t pleased. Nor was Asst. Chief Racheal Cain, who discussed with New Haven State’s Attorney Patrick Griffin the possibility of criminally charging McDermott with hindering prosecution. Top cops believed that probable cause existed” for the charge, according to the IA report; Griffin declined prosecution.”

Meanwhile, McDermott hired defense attorney Norm Pattis. Pattis and union officials accompanied McDermott to a June 1 interview with IA staffers Maldonado and Lt. Rose Dell.

At that meeting, the IA cops cited various provisions of department General Order 1.03 Rules of Conduct that relate to discrediting the department, committing crimes, and regular personal associations with persons who are known to the officer to engage in criminal activity or those who are subject to an active police investigation where such associations will undermine the police trust and confidence in the officer or department.”

McDermott told the IA cops that he had worked with his friend Tomasello at a financing company from 2001 to 2006. Knowing that Tomasello had been arrested for buying drugs, McDermott said, he drove by his house a few times, but he was unaware of the level’ and magnitude’ of the investigation,” according to the report.

He was asked to explain” the heads up” text message about the Wallingford PD …watching/following you.”

The explanation: The intent of the message was to scare Tomasello and stop him from buying drugs that day.”

Dell pressed him about the general order prohibiting McDermott from sharing information he’d received on duty an ongoing police investigation.

McDermott’s responded that he made a promise to be there for Tomasello should he have the urge to use drugs and, therefore, felt Tomasello had a need to know.”

Pressed, he acknowledged that he knew about the general order prohibiting him from associating with known criminals.” He said he acted as he did because he wanted to stop Tomasello from engaging in criminal activity. [He] stated that after he met with the assistant chiefs, he became suspicious about what was going on and that Tomasello was probably not being completely honest with him. He was aware that Tomasello had previously been arrested for possession of narcotics with intent to sell, but he knew the charge had been nollied.” His friend was in the midst of a divorce and going through problems, McDermott said.

McDermott said he saw the photographs that the Wallingford Police Department posted on the news after the arrest which included four dirty crack pipes that were found in Tomasello’s vehicle. Sergeant McDermott did not see any evidence such as a scale, packaging material or large amounts of money which would indicate Tomasello was a drug dealer. Sergeant McDermott believed Tomasello was an addict who needed his help. Sergeant McDermott admitted to contacting Tomasello even after he was placed on administrative leave.”

He emphasized that his intent was to discourage his friend from buying drugs. He said he didn’t realize at the time he was violating department orders. [I]n hindsight, he understands how it came be perceived that way. Sergeant McDermott stated he made a mistake and would have handled it differently given the opportunity.”

The IA report also states that police found a number of inappropriate photographs” stored on McDermott’s phone in violation of General Order 4.09 Section 4.

The report as released to the Independent blacks out descriptions of those photographs.

It also blacks out McDermott’s explanation for why he knew the importance of having support” for someone going through a divorce and/or drug use.”

Another redaction hides a second reason that Asst. Chiefs Reyes and Johnson told McDermott they initially decided to meet with him.

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