BOSTON — The hearing to reinstate former Massachusetts State Police Trooper Michael Proctor continued for a second day, with his attorney, Daniel Moynihan, arguing that the department’s decision to fire Proctor was rushed and pre-determined. Proctor was terminated in March for his conduct during the investigation into the death of Boston Police Officer John O’Keefe, including sending inappropriate text messages about Karen Read, who was acquitted of his murder.
Moynihan’s line of questioning suggested that the State Police Internal Affairs investigation was a formality, with conclusions drafted before Proctor was even interviewed. The attorney pointed to a draft report with potential conclusions and an attempt to schedule a trial board or formal disciplinary hearing before an interview date was set. Moynihan argued this was evidence the department caved to public pressure and was intent on firing Proctor regardless of the findings.
However, Detective Lt. Kevin Dwyer, who led the internal affairs probe, later testified that his draft report included a caveat: “the recommendations are only based on what we know and it’s just a draft. They may be changed based on what we learned from Proctor.”
Dwyer said the investigation found no evidence that Proctor planted evidence in the Read case, but it found several other violations of department of policy.
Moynihan also addressed the crude text messages that became a central point of the controversy. He asked Dwyer if it was “reasonable to express your personal opinions to family members and close friends,” to which Dwyer agreed, but added that there are some things a police officer cannot share. Moynihan also pointed out that there’s no official department policy prohibiting how troopers speak to friends and family on their personal cell phones.
In a notable exchange, Moynihan brought up one of the more publicized texts, in which Proctor joked about a lack of nude photos found on Read’s phone. Dwyer confirmed he found Proctor’s explanation that the comment was meant as a joke, to be “reasonable.”
Proctor’s attorney repeatedly emphasized that the former trooper has apologized for his unprofessional and juvenile texts. Moynihan portrayed Proctor as a good detective who was unfairly targeted and disciplined more severely than other officers for similar offenses.
The state police maintain that Proctor’s actions—including drinking on the job, sharing confidential case information, and creating a perception of bias—were grounds for termination. The department’s attorney, Stephen Carley, accused Moynihan of “badgering” Dwyer and “cherry-picking” lines of testimony to misrepresent the facts.
The hearing before the Massachusetts Civil Service Commission is scheduled to resume for three additional days in October. The commission will decide whether to uphold Proctor’s firing or order his reinstatement to the force.
This is a developing story. Check back for updates as more information becomes available.
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