BROCKTON, Mass. - A judge has thrown out two criminal cases for after an attorney says the Abington Police Department and Plymouth County District Attorney failed to provide information about an arrest competition. Something the defense attorney planned to build his case around.
The attorney representing two people arrested in Abington said the chief refused to provide details of the competition, leading the judge to approve his motion to have the charges thrown out.
The Brockton District Court judge threw out a second criminal case brought by Abington police. We are not identifying the suspects in either case because the charges were dropped.
Attorney Patrick Gannon asked Abington police -- in two difference cases -- to provide more information about an 'arrest contest' the chief authorized.
FOX25 first told you about the competition more than a year ago after obtaining emails, in which the chief set the prize as extra time off for the most arrests.
In a 2009 email, Chief David Majenski wrote "I would like to see who can come with the most physical arrests...have at it, have a good time, be creative, assist each other and then relax for three days on us!!"
"In the state of Massachusetts you can't have contests,” Gannon said.
On behalf of two clients arrested by Abington police, Gannon requested all of the chief's emails about the contest, but never got them.
“If I'm being paid to make as many arrests as I can for a weekend off…a jury needs to hear, that there may have been an incentive," Gannon said.
The judge even told the District Attorney's office to call the chief again to get the documents or come to court to explain why not.
An assistant district attorney said the chief was unavailable Tuesday because he was at a funeral.
Gannon says he had strong defenses for both clients, but the arrests were not fair in the first place.
“If I'm having a contest, I think human nature is that may sway them one way or the other,” he said.
The Abington Police Chief told FOX25 News his department did hand over all of the requested information to the Plymouth County DA. A spokesperson for the DA's office said they plan to re-file the charges in the case that was dismissed today.
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