EXCLUSIVE: Audio Tape with Top RI State Police Unveils Charges of Cover-Up
GoLocalProv News Team
EXCLUSIVE: Audio Tape with Top RI State Police Unveils Charges of Cover-Up
GoLocal has also learned that an expert report was contracted by the State of Rhode Island that reviewed the physical incident between Donnelly-Taylor and State Police detainee Lionel Monsanto.
On the phone call, Donnelly-Taylor outlines allegations of cover-ups and charges of political influence at the highest level of the State Police. He was highly critical of the Department’s handling of his case -- and unveiled the existence of a never-before disclosed report conducted by a third party expert. According to state payment records, Daigle Law Group, LLC was paid approximately $30,000 in 2018 by the Department of Public Safety.
GET THE LATEST BREAKING NEWS HERE -- SIGN UP FOR GOLOCAL FREE DAILY EBLASTAs GoLocal was first to report last month, the Connecticut State Police were called in to investigate members of the RISP -- and they have now completed that investigation and sent the report to Rhode Island Superintendent James Manni.
The report, which GoLocal has published below, was prepared for the State Police and the Rhode Island Attorney General’s office. The contract was authorized by then-RISP Legal Counsel Paul Andrews and then-Chief of the Attorney General's Civil Division Rebecca Tedford Partington.
The 43-page report includes a breakdown and analysis by the contracted expert Eric Daigle whose bio states, “I am an attorney and active consultant in law enforcement operations. I have been actively involved in police practices and law enforcement operations in municipal, state, and military law enforcement since 1989. For the past 16 years, I have been an instructor on a wide range of law enforcement subjects.”
The report clears the State Police on all aspects of the arrest and process relative to the incident in the cell, the report states, “Donnelly-Taylor’s actions taken up to the point – pushing Monsanto into the cell to clear space and delivering 6 or 7 closed fist strikes – to address a perceived threat – were reasonable based on industry standards, Donnelly-Taylor’s training, and RISP policy and procedure. While the number of punches may appear unreasonable to some, based on the time frame involved, a reasonable prudent officer could find that the initial series of punches were reasonable to respond to the perceived threat, as articulated by Donnelly-Taylor. The initial series of strikes can be referred to as the 'first event' in this incident. During the first event, 6 or 7 closed fist strikes are included in this initial analysis. While it is clear the push and the first 3 or 4 strikes were reasonable based on the totality of the circumstances, strikes 5-7 become a gray area where one must take into consideration human reaction factors. The difficulty with this analysis is determining how many punches are reasonable, given the totality of the circumstances.”
According to Daigle’s report, “The answer is ‘the amount of strikes necessary to cease the threat as perceived by Donnelly-Taylor.’ While I have some concerns, I cannot state definitely that strikes 5-7 were improper, based on my knowledge of human reaction factors that must be considered. It is difficult to draw a clear line in the sand with an event such as this, where there is an active use of force involving fist strikes. The influential human factors as to action, reaction, and decision-making, as described below, play a part in the analysis.”
Civil rights leaders and the association representing black police officers have criticized Donnelly-Taylor's actions.
SEE VIDEO OF THE MONSANTO AND DONNELLY-TAYLOR INCIDENT HERE
The so-called Daigle report was delivered to the State of Rhode Island on April 2, 2018. Law enforcement officials tell GoLocal that the report was done in response to Donnelly-Taylor's litigation against the State Police, the Attorney General, Governor Gina Raimondo and others. That suit was filed in 2017.
In that twenty-minute phone call that took place on April 30, 2018, that was initiated by then-Superintendent Ann Assumpico to Donnelly-Taylor and also included Lt. Colonel Joseph Philbin, and Major Timothy Sanzi — (although they did not identify themselves at the beginning of the phone call) — the three members of the command staff told Donnelly-Taylor repeatedly that they were not aware of the Daigle Report.
During the call, Assumpico said that she was ‘checking up on him,’ but the conversation’s tone changed almost immediately when Donnelly-Taylor pressed the head of the State Police with allegations -- and about pending litigation that asserted that former Superintendent Steven O’Donnell had promised to indemnify Donnelly-Taylor from a lawsuit relating to the incident in 2014 between the trooper and Monsanto.
When the Donnelly-Taylor video of the incident with Monsanto was released on July 2, 2019 at a press conference, Manni said, ”I would say this -- that I can't second-guess what a previous superintendent did. [Former Superintendent Steven O’Donnell] was presented a certain series of facts under that circumstance and he made a decision based on those facts.”
Donnelly-Taylor has claimed that O’Donnell was part of a cover-up of the incident. In the documents filed in district court on March 24, 2017, Donnelly-Taylor alleges O’Donnell told him to “take one for the team” and take a nolo contendre — a guilty plea — to the assault charges, and that O’Donnell assured him he would be indemnified in any civil claim.
The court dismissed Donnelly-Taylor’s suit.
But his lawyer says that the incident between Donnelly-Taylor and Monsanto has been significantly overblown.
"If Mr. Monstanto had a good case, he and his very competent attorney would not have settled for nuisance value. The highest law enforcement agencies in the state of Rhode Island spent a lot of money and a lot of time to ensure that no jury ever saw the evidence in this case," said John Martin, Donnelly-Taylor's attorney at the time. Martin has said the conflict was sparked by Monsanto swearing at the Troopers and throwing an elbow at Donnelly-Taylor when entering the cell.
"Unfortunately, under the Law Enforcement Bill of Rights Section 42-28.6-2 “Public Statements Prohibited” I am unable to comment," said Manni in a text to GoLocal on Wednesday.
Donnelly-Taylor refused to comment regarding the tape and the Daigle report.
Sanzi and Philbin did not respond to requests for comment.
Assumpico has retired and effort by GoLocal to reach her were unsuccessful.
This story was first published 10/24/19 7:31 AM