Hopkinton fires sergeant for not reporting sexual assaults. What's next for the case

Tom Benoit, The MetroWest Daily News
Updated ·4 min read

HOPKINTON — The Select Board voted 4-1 Thursday night to approve Police Chief Joseph Bennett's recommendation to terminate Sgt. Timothy Brennan.

The vote was conducted in executive session at Town Hall, and followed a Loudermill hearing on Jan. 19 in which the Select Board heard attorneys representing Bennett and Brennan present their sides regarding Brennan's failure to report alleged sexual assaults committed against a minor by now-former Deputy Police Chief John "Jay" Porter.

At the time, the board continued the hearing, giving the two sides side 30 days to settle on an appropriate disciplinary measure. According to a statement released by the town on Friday morning, those efforts were unsuccessful.

Hopkinton police Sgt. Timothy Brennan heads into Town Hall surrounded by supporters ahead of an executive session called for by the Hopkinton Select Board, Feb. 8, 2024.
Hopkinton police Sgt. Timothy Brennan heads into Town Hall surrounded by supporters ahead of an executive session called for by the Hopkinton Select Board, Feb. 8, 2024.

'Failed to comply': Probe finds Hopkinton police sergeant knew of alleged sexual assaults

"After the Select Board paused the meeting on Jan. 19, the Town of Hopkinton and counsel for the labor union had attempted to resolve the matter in a mutually acceptable manner," the town's statement reads. "Those discussions were unsuccessful, resulting in Thursday's vote."

Brennan's termination is effective Monday, Feb. 12.

Board Chair Muriel Kramer cast the single vote in support of Brennan, according to HopNews, an independent news blog that first reported the decision. When reached by the Daily News, Kramer confirmed the vote without commenting further.

Brennan's attorney, Daniel Fogarty of Boston-based Sandulli Grace, did not return a call seeking comment.

Brennan tells supporters he wasn't willing to accept long-term suspension, demotion

After Thursday's vote, Brennan addressed a crowd outside Hopkinton Town Hall, saying he was not willing to accept a long-term suspension and demotion.

"Beyond standing up for the victim, we don't have anybody that's ever taken more than a five-day suspension, especially for a first-time policy violation," he said in a video posted to HopNews. "I felt that, and my wife is on board with me, that this was unacceptable."

Brennan said he planned to fight the termination in arbitration.

Supporters of police Sgt. Timothy Brennan stand outside Town Hall before an executive session in which the Select Board would vote 4-1 to accept Police Chief Joseph Bennett's recommendation that Brennan be terminated, Feb. 8, 2024.
Supporters of police Sgt. Timothy Brennan stand outside Town Hall before an executive session in which the Select Board would vote 4-1 to accept Police Chief Joseph Bennett's recommendation that Brennan be terminated, Feb. 8, 2024.

'Placed her trust in the officer': Former Hopkinton police officer pleads not guilty to child rape

Brennan, who had been on leave since last year, has said that the woman who accuses Porter of sexual assault first told him of the allegations in 2017, when she was an adult. Brennan said he didn't report the allegations because she had told him she wouldn't corroborate the story. He 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.

During the Jan. 19 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 — Bennett 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.

Former Deputy Police Chief Porter pleads not guilty to child rape

Brennan was placed on administrative leave 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. He had been on leave since August 2022, although no reason was given until news of his indictment.

Hopkinton Select Board Chair Muriel Kramer speaks with supporters of police Sgt. Timothy Brennan outside Town Hall before an executive session, Feb. 8, 2024. The Select Board would vote 4-1 to accept Police Chief Joseph Bennett's recommendation to terminate Brennan for not reporting an alleged child rape committed years earlier by a fellow officer. Kramer was the lone dissenting vote.

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 previously provided to the Daily News.

Brennan stood accused of:

  • Knowing, as of Aug. 21, 2022, of Porter's alleged rape of a minor and failing to report it to law enforcement;

  • Knowing, as of 2017, of an alleged sexual assault on a minor and failing to report it to law enforcement;

  • Knowing in August 2022 that the woman was pursing a criminal investigation and was concerned for her safety, but failing to report her safety concern to law enforcement;

  • Not reporting the woman engaging in an inappropriate sexual relationship with Porter when she was underage;

  • Using the victim as a baby sitter while serving as a school resource officer.

Porter is awaiting trial.

This article originally appeared on MetroWest Daily News: Hopkinton fires police Sgt. Brennan for not reporting sexual assaults