Broadcaster, former basketball star Mike Herren sues city for wrongful rape arrest in 2020

FALL RIVER — Local broadcast personality Michael Herren has sued the city alleging civil rights violations and false arrest in connection with his 2020 arrest on rape charges, which were later dropped.

The lawsuit was filed in May by Herren’s attorney, Donald A. Brisson, in Bristol County Superior Court.

Herren was arrested on May 29, 2020, at the former Billy’s Café at 663 Bedford St., where he ran a podcast studio at the time. He was charged with two counts of rape and one count of indecent assault and battery.

At the time of his arrest, Herren was accused of raping a woman during an alcohol- and drug-fueled evening at his studio.

Due to courts being closed due to COVID, Herren was arraigned in Fall River police headquarters via videoconference and released on $10,000 cash bail. He was represented at the time by attorney C. Sam Sutter, who is currently running for mayor, a job he also held in 2015.

Three months later, the Bristol County District Attorney’s Office filed a motion indicating they did not want to proceed with prosecution and a judge granted the request.

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What the lawsuit alleges

In addition to naming the city of Fall River as a defendant in the lawsuit, Herren’s attorney names five police officers who were involved in the rape investigation and his arrest.

The suit accuses police of false arrest and civil rights violations, abuse of process, malicious prosecution and assault and battery, in which Herren claims he was touched by officers during his arrest.

At the time of his arrest, The Herald News reported police were dispatched to the Bedford Street address after a woman arrived at the Pleasant Street police headquarters, described as frantic and appearing under the influence of drugs and alcohol, wearing only an oversized black T-shirt, no shoes and claiming she was raped by Herren.

She reportedly showed her breasts to a police officer in the lobby of police headquarters and had taken personal items from Herren, including a debit card, before she left his studio.

The woman had been taken to Saint Anne’s Hospital. Initially, a physician declined to test her for rape because she was too intoxicated. Later, when hospital staff determined she was able to be tested, the woman refused and left the emergency room.

The woman had reportedly flagged down a driver pleading for help.

In Herren’s lawsuit, that driver was identified as former Fire Chief John Lynch with passenger and current School Committee member Shelli Pereira.

According to the lawsuit, both Lynch and Pereira noted the woman did not look injured and appeared to be under the influence.

Another driver, who the woman knew, took her to the police station.

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What Herren’s lawyer says

Herren was a B.M.C. Durfee basketball star in the 1980s. He hosted WSAR’s popular “The Highway Home” before launching the Hurricane Radio internet streaming studio on South Main Street in the mid-2000s and venturing into podcasting.

“The thing that strikes me about Michael’s case is the speed which [he was] not only charged but arraigned for a crime that carries all sorts of negative connotations. Even if someone is found not guilty or their case is dismissed, rape is one of those crimes that people don’t really care what the outcome is,” said Brisson. “It’s a black stain on you.”

The Fall River police charged Herren, said Brisson, knowing that the woman was under the influence of some substance.

“Even the hospital wouldn’t administer a rape kit,” said Brisson. “Once she gathers her faculties, she leaves the hospital. I just wonder why they found it necessary to do this so quickly. It’s not like Mike Herren is going to run anywhere. They had time to investigate.”

Brisson said what will take much longer is clearing his name.

“The internet is forever. All those articles about Michael are still alive. Someone Googles his name, that come up. Essentially, they just ruined this guy’s reputation because you couldn’t take the time to properly investigate.”

City response

Fall River Corporation Counsel Alan Rumsey said he has not been notified of the lawsuit yet and declined to comment on its content.

However, Rumsey provided correspondence to Brisson's notification of a pending lawsuit and demand letter written in Nov. 8, 2022, denying any police wrongdoing in Herren's arrest.

"The Police executed a search warrant, which did not alter the assessment that there was enough cause to pursue the prosecution of Mr. Herren. And, prior to arrest, Mr. Herren was afforded the opportunity to explain what he believed happened. These actions, and other duties executed by the Fall River Police Department, belie any claim of negligence, and support the City's denial of Mr. Herren's claim," wrote Rumsey.

Rumsey added that the Bristol County district attorney's decision not to prosecute could have happened for a number of reasons, including a victim refusing to cooperate with a case.

This article originally appeared on The Herald News: Podcaster Mike Herren suing Fall River for wrongful rape arrest