Hopkinton fails to redact first name of woman accusing former officer of sex assault

HOPKINTON — Town officials are apologizing after inadvertently releasing documents that included the first name of a woman who is alleged to have been sexually assaulted by a former police officer.

The 15 documents were released by the Police Department on its news blog and via John Guilfoil Public Relations last Friday night after a Loudermill hearing — part of a due process requirement that must be provided to a public employee prior to removing the employee or imposing severe discipline — involving police Sgt. Timothy Brennan.

The documents detailed an internal investigation into whether Brennan had prior knowledge of a sexual assault and rape of a child allegedly committed by now-retired Deputy Chief John "Jay" Porter. Among the documents is a transcript of an interview between independent investigators from New York City-based Kroll and Brennan, in which the first name of the woman who was allegedly assaulted by Porter was not redacted in two instances: once in the transcript and once in the index.

Earlier: Loudermill hearing for Hopkinton police Sgt. Brennan continued to allow for settlement

"On behalf of the Town of Hopkinton, I sincerely apologize for the publication of the transcript in that form,” said Town Manager Norman Khumalo, in a statement from JGPR. "In our effort to be prompt with open and transparent communication with the public about police matters, our efforts fell short of the paramount concern to protect private information in this sensitive matter. We are committed to take whatever further steps are necessary to correct this mistake.”

Full transcript recalled after it was discovered to be improperly redacted

The full transcript between Brennan and investigators is being recalled after it was improperly redacted, according to the press release. It no longer appears on the HPD news blog.

The Daily News has not disclosed the name of the now-adult woman who was allegedly assaulted and raped by Porter.

Documents released include the full Kroll investigative report; correspondence from the Massachusetts Peace Officer Standards and Training (POST) Commission; a Brady Letter, affecting the possible credibility of future court testimony from Brennan in future criminal cases; and Hopkinton Police Department procedures, including signature pages.

Pleads not guilty: Former Hopkinton police officer arraigned on child rape charges

Attempts to reach the Select Board, Bennett and Kroll investigators for comment were not successful.

Friday's Loudermill hearing was continued for 30 days, allowing representatives for Brennan and Bennett 30 days to negotiate an agreement.

Chief Bennett has recommended that Sgt. Brennan be terminated

Bennett, represented by Nicholas Anastasopoulos of Mirck O'Connell, recommended Brennan's termination due to breaking several department policies, including failing to report misconduct and failing to support a fearful victim. Brennan is also accused of breaking department rules by using the victim as a baby sitter while serving in his capacity as a school resource officer.

But Brennan and his attorneys argued that by not reporting the assaults, Brennan made it possible for the accuser to come forward to the Middlesex County District Attorney's Office. Brennan's attorney, Daniel Fogarty of Boston-based Sandulli Grace, further argued that rules regarding off-campus meetings with students that were allegedly violated by Brennan were not adopted by the Hopkinton Police Department until 2017, and therefore cannot be enforced retroactively.

Brennan has been on administrative leave since last May. That same month, Porter pleaded not guilty to three counts of child rape after being accused of sexually assaulting the woman when she was 14 years old in 2004 and 2005, when he was the department's school resource officer.

Porter retired from the Hopkinton Police Department on April 28, shortly before his indictment.

Legal counsel representing the town will now review and make necessary redactions to the transcript. The town then must republish the redacted form of the transcript because it is a public document and subject to disclosure under the Massachusetts Public Records Law. The previous version of the transcript and other documents will not be republished or reproduced by the the town.

The redacted document will be made available on HPD's news blog.

This article originally appeared on MetroWest Daily News: Hopkinton police name former officer's alleged child rape victim