'Denials ... are disingenuous': Family of Fall River man killed by police sues for report

FALL RIVER — The family of Anthony Harden, who was shot and killed last November by Fall River police after he reportedly attacked an officer with a knife, is suing Bristol County District Attorney Thomas Quinn III for his refusal to release information regarding his agency’s investigation into their brother’s death, which cleared the two patrol officers.

The lawsuit was filed on behalf of Anthony Harden’s brother, attorney Eric Mack, in Suffolk County Superior Court by Brookline attorney Howard Friedman under the Massachusetts public record law on Wednesday.

“We have filed this lawsuit because the basis for the DA’s denials of our requests are disingenuous and in direct violation of the law,” wrote Mack in a statement released to the media shortly after the lawsuit filing.

Gregg Miliote, director of communications for the Bristol County District Attorney's office, said, "The district attorney was in contact with the family on several occasions during this investigation. He assisted in getting Mr. Harden's body released to the family so they could hold a prompt funeral, he updated the family on the status of the investigation and summarized the investigator's conclusions on the facts of the case prior to the report being publicly disseminated. Our office also provided the family with a copy of the report prior to its public release."

Anthony Harden was shot and killed on Nov. 22 in the bedroom of his apartment at 120 Melville St. after the Fall River police received a domestic complaint from his girlfriend regarding an incident two days earlier.

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A female and male officer were attempting to take Anthony Harden into custody. Just two and a half minutes after police made contact with the 30-year-old, he was shot twice by the female officer after he reportedly attacked her partner with a steak knife.

He was later pronounced dead at Saint Anne’s Hospital.

Contradictions between investigators' report and independent autopsy

A month after the shooting, Quinn’s office released a preliminary report on the investigation that indicated the shooting was justified.

After the medical examiner released Anthony Harden’s body to his family, they had an independent autopsy performed.

Mack has said that the DA’s description of where Anthony Harden was shot does not match their independent autopsy.

Anthony Harden’s family has been calling for transparency from the district attorney and the police department. They also staged a rally outside of police headquarters last month.

They have also demanded that the Fall River Police Department institute body cameras for their officers.

Mayor Paul Coogan’s administration is currently negotiating with patrol and superior officers' unions on the body camera proposal.

Denying access to records related to the investigation

The family has made repeated requests to the Bristol County District Attorney’s office for open records that include documents associated with the DA and Massachusetts State Police investigation into the shooting death, including the autopsy report, photographs and other documents, which Quinn’s office has denied releasing to Anthony Harden’s siblings.

A response letter dated Jan. 25 from Bristol County Assistant District Attorney Alysia V. Sanchez to the family’s open records request states that if the release of photographs or records “would create an unwarranted invasion of privacy,” then the Bristol County district attorney is exempt from making them public.

Mack refutes that and said that photographs of the shooting scene “do not implicate the privacy rights of anyone and therefore, this is an invalid basis to deny our request.”

“To the extent any privacy rights exist related to my brother’s autopsy photos, as they claim, those privacy rights belong to us — his family. The DA cannot deny us information based upon our privacy rights,” indicated Mack.

In his denial of open records, the DA’s office also cited that the investigation is ongoing.

“While the conclusions are unlikely to change, there are still outstanding tests and technical matters that need to be finalized before the investigation concludes,” wrote Sanchez.

In the DA’s response letter, there is no indication what information is pending in the police shooting investigation.

Mack's lawsuit also argues against the DA’s claim.

“The District Attorney’s Office should not be permitted to assert the investigatory privilege while also publicly announcing the investigation’s final conclusion. This attempt to delay providing public records should be rejected,” attorney Friedman writes.

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On Wednesday, in response to the comment about the family making repeated requests for open records, Miliote said, "That is not accurate. An attorney for the family submitted a public records request to our office. We responded to that request in a timely manner. They can renew their records request when the investigation is complete."

Police officers identified

The Bristol County DA’s office also denied a recent public records request by The Herald News to identify the two Fall River police officers involved in the Anthony Harden shooting.

The DA’s office again cited that “the disclosure of which may constitute an unwarranted invasion of personal privacy.” And, again, saying the investigation continues.

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“At this time, no misconduct relevant to our criminal investigation has been found. Without a finding of misconduct, the names of the officers may be withheld as personal information or data relating to a specifically named individual, the disclosure of which may constitute an unwarranted invasion of personal privacy,” according to the DA’s response to newspaper’s request for public information.

However, the public records lawsuit identifies the officers involved as Chelsea Campellone and Michael Sullivan.

Their identities match a search warrant request for the Melville Street apartment filed by a detective from the Massachusetts State Police hours after Anthony Harden was shot, which The Herald News obtained.

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According to the Bristol County District Attorney’s investigation, Campellone, 27, and Sullivan, 25, went to Harden’s apartment at 120 Melville St., on Nov. 22 around 6 p.m. after Fall River police received a domestic complaint from Anthony Harden’s girlfriend regarding an incident that occurred two day earlier.

According to the findings of the investigation released Dec. 22, Campellone and Sullivan were given entrance to Anthony Harden’s apartment by the building’s owner, who was also a roommate.

Anthony Harden reportedly attempted to show the officers a video of a confrontation with his girlfriend, but the situation suddenly escalated with him lunging at Sullivan with a knife, attempting to stab him and pushing him up against a wall.

Campellone then shot Harden twice in his left side, the report states.

The investigation concluded that due to the sudden and violent nature of Anthony Harden’s attack, de-escalation tactics were not feasible.

The investigation also noted that Campellone was not outfitted at the time with a police department issued Taser.

Officer in prior police shooting under separate investigation

The last time the Bristol County District Attorney investigated a police shooting was related to the November 2017 death of 19-year-old New Bedford man, Larry Ruiz-Barreto, by patrol officer Nicholas Hoar in the Industrial Park near area of Airport and Riggenbach roads.

Ruiz-Barreto was sitting in his parked car with his father and another man to watch a drag race near midnight. Hoar, who has claimed that the 19-year-old had attempted to run him over, fired six shots through the windshield, striking him five times.

Later at Charlton Memorial Hospital where he was pronounced dead, five members of Ruiz-Barreto family were arrested for fighting with police. All charges were later dismissed.

Four months later after the shooting, Hoar was cleared by the Bristol County District Attorney's office.

Hoar's name was not originally released after the shooting, but his name was included in the final report.

In the DA's open records denial, it indicates that an officer found to have been justified in a shooting, it is the agency's policy not to reveal their identity. However, Hoar's name had become public before the results of the investigation was released and included it in the report.

Ruiz-Barreto's family has since filed a $34 million lawsuit for excessive force, naming Hoar, the city and multiple other police and city officials as defendants

While investigators found that the shooting was justified, Hoar got into trouble again for alleged excessive force a year ago when he allegedly assaulted 55-year-old William Harvey while he was handcuffed in the police booking room.

The alleged assault came to light after The Herald News filed a public records request for a use of force report regarding the incident.

Sources at the time confirmed the alleged assault was being investigated by the FBI, which would not confirm their involvement.

Other sources with knowledge of the case, but without authorization to speak on the matter, confirmed there is a grand jury investigation convened on the alleged assault by Hoar who remains a member of the FRPD.

This story has been updated.

Jo C. Goode may be reached at jgoode@heraldnews.com. Support local journalism and subscribe to The Herald News today!

This article originally appeared on The Herald News: Fall River police shooting: Anthony Harden's family sues for details