Hopkinton police sergeant knew of alleged sexual assaults, independent investigation finds

HOPKINTON — An independent investigator retained by the town has found that a police sergeant had knowledge of his former colleague's alleged sexual misconduct but failed to report it for several years.

The sergeant, Timothy Brennan, has been on paid administrative leave since May.

That same month, former Deputy Police Chief John "Jay" Porter pleaded not guilty to three counts of child rape after being accused of sexually assaulting a 14-year-old girl 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. He had been on leave since August 2022, although no reason was given until news of his indictment.

The independent investigator retained by the town, New York City-based Kroll, found several instances in which Brennan violated the department's rules and regulations, according to a redacted copy of the report that was provided to the Daily News by Assistant Town Manager Elaine Lazarus.

Sergeant heard of alleged assaults as early as 2015

According to Kroll's report, Brennan succeeded Porter as the department's school resource officer, serving from July 2005 until January 2008, when he was promoted to detective. He served in that role until he was promoted to sergeant in late 2014.

Brennan spoke with the alleged victim, who disclosed the assaults as early as 2015, according to the report, but Brennan did not report anything until early this year.

According to the report, Brennan informed Chief Joseph Bennett in January that he previously knew that Porter was "having an affair" with the alleged victim.

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"Brennan stated to the Chief, 'People are going to wonder how long I knew,'" the report reads.

Bennett then consulted with legal counsel regarding his concerns that Brennan might have failed to report his knowledge of an alleged crime and Porter's alleged misconduct.

The chief was informed by the Massachusetts State Police in August 2022 that it had begun a criminal investigation of Porter, and needed to interview Brennan as part of the investigation.

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"Some months later, while in an equipment storage area, Brennan made a statement to the chief about not wanting to be involved in the Porter case," the report states. "The chief cut off the conversation, as he did not want to interfere with an ongoing investigation."

"Brennan failed to comply with his duty and obligation to notify the department," the report continued. "At this time, Porter was the second highest ranking law enforcement officer in the town and had access to his duty weapon as well as others. There was a distinct possibility that he could learn of the investigation."

A second officer is cleared in investigation

Kroll learned of another Hopkinton police sergeant who may have had prior knowledge of Porter's actions. Sgt. Bill Burchard served as a witness during the grand jury investigation of Porter. Kroll was asked to investigate what Burchard knew about Porter's relationship with the victim.

Burcghard reported that while he was a patrol officer, he conducted a traffic stop of the alleged victim. During the course of the stop, the woman fled the scene on foot but was apprehended. Porter, who was a sergeant at the time, responded to the scene to back up Burchard.

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"He (Burchard) said Porter did not try to unduly influence his decision, and the victim did not communicate in a manner that made Burchard aware that she and Porter had a relationship, and the victim never indicated that she had been assaulted by Porter in the past," the Kroll report states.

The report found that as soon as Burchard became aware that he may have information regarding criminal activity conducted by Porter, he alerted the Police Department through Bennett, and again alerted him to his participation in the investigation as soon as he testified.

In total, Kroll found 11 instances in which Brennan violated the HPD's rules and regulations.

Lazarus said in an email to the Daily News that the content of the report is related both to an ongoing personnel matter for which the Select Board will hold a future hearing and an ongoing investigation and prosecution by the Middlesex District Attorney's Office.

After Porter's arraignment in may, Middlesex Superior Court Clerk Magistrate Michael Sullivan released him without bail but ordered him to wear a GPS monitoring bracelet. Sullivan also ordered Porter to stay away from the victim, her family and her children's schools.

This article originally appeared on MetroWest Daily News: Alleged sexual assaults known by Hopkinton sergeant, report finds