BOSTON — A violent confrontation caught on video in Boston federal court – and exclusively obtained by FOX25 Investigates – is raising new questions about the use of force and whether more evidence exists about the courtroom takedown.
FOX25 first reported yesterday on the video showing U.S. Marshals tackling an unarmed, mentally ill defendant and later, appearing to show one federal marshal kicking or kneeing the man while he was handcuffed.
“It's hard for me to think of a legally protected reason why someone would be able to do that,” said Carl Williams of ACLU Boston after watching the courtroom surveillance video of the March 29 incident.
Massaro had just been sentenced to 30 days for a probation violation when two U.S. Marshals moved in to take him into custody.
That man, 47-year-old James Massaro, is now facing two counts of resisting a federal officer after the March 29 incident.
Only four seconds pass from the time U.S. Marshals Ronald Demers and Robert Larcome approach Massaro, whose back is to the federal marshals, and attempt to take him into custody and the violent scuffle that ensues.
Larcome is employed by the U.S. Marshals Service, while Demers is a deputized U.S. Marshal and federal officials said he works as a corrections officer at the Wyatt Detention Facility.
Defense of use of force
Former Boston Police Superintendent-in-Chief Dan Linskey said the federal Marshals in the video appeared to follow common law enforcement protocols.
“What I saw from the video shows officers taking appropriate action to try to put him into handcuffs,” said Linskey, who is now managing director at Kroll. “I didn't see swinging fists. There weren't wild punches. It looked like they were trying to get him handcuffed.”
Linskey also defended the blows Massaro received once he was cuffed, saying it’s a common technique to control a defendant.
“It looked like the marshal was applying what's called a common peroneal knee strike,” said Linskey.
>>Watch the full courtroom video at the bottom of this story.
But the video doesn’t show what happens once the U.S. Marshals lead Massaro out of the courtroom – and out of the view of the camera and yelling can still be heard.
The U.S. Attorney’s Office has said no additional courthouse videos from that day exist – a contention Massaro’s defense attorney said “strains credulity,” according to court records.
The records also show only one U.S. Marshal involved in the incident filed a report about what happened.
Calls for transparency
Both Linskey and Williams called for the U.S. Marshals to publicly release their internal findings to boost transparency and public confidence.
“Are there reports?,” said Williams. “Are there records? Are there documents? If we live in a Democracy, we should be able to see those things.”
FOX25 Investigates reached out to the U.S. Marshals Service to find out about records in that internal investigation, but the agency said it would not consider releasing its findings until after the conclusion of the pending court case.
“As in all such cases, the U.S. Marshals Service does not make internal investigations or reports available to the public while a litigation action is ongoing,” said the agency in a released statement. “Such release could interfere with the judicial process. However, at the conclusion of litigation, a Freedom of Information Act request can be submitted. The Marshals Service then will determine whether internal records can be released, with considerations for invasion of privacy, according to law.”
The U.S. Marshals Service has previously declined to comment specifically on the incident, but noted two officers were injured during the confrontation and the agency received a complaint about the incident earlier this month. That complaint was reviewed by the Department of Justice Office of Civil Rights, which declined to prosecute any law enforcement officers involved, according to a spokesman for the U.S. Marshals Service.
Massaro’s fiancée, Christina Carr, who was in the courtroom during the incident, told FOX25 Investigates she thinks the marshals went too far.
“I don't care what anyone did,” said Carr. No one deserves to be treated like that.”
Carr said Massaro suffers from bipolar disorder, depression and paranoia and court records also reference Massaro’s history of mental health issues.
Massaro was previously sentenced in 2011 to nearly nine years in prison after he pleaded guilty to witness tampering, conspiracy to witness tamper and being a felon in possession of a firearm.
He was released from prison on Dec. 8, 2014 and ordered to go to treatment at a psychiatric facility, according to court records.