Pubdate: Sat, 29 Jan 2005
Source: Foster's Daily Democrat (NH)
Copyright: 2005 Geo. J. Foster Co.
Contact:  http://www.fosters.com/
Details: http://www.mapinc.org/media/160
Author: Bruno Matarazzo Jr

DOVER POLICE CHIEF FENNIMAN SLAMS REPORT

DOVER -- As head of the executive board overseeing the Attorney General's
Drug Task Force, Dover police Chief William Fenniman agrees the actions of
the officers involved in two scuffles in March were juvenile, improper and
inexcusable.

But that is all Fenniman agrees with when it comes to Rockingham County
Attorney Jim Reams' report on his investigation into whether the officers
committed a crime.

The Rockingham County Attorney's Office said in a report released Friday
that officers involved in the incidents failed to cooperate with the
investigation. Furthermore, Reams recommended changes to the Drug Task
Force's management in order to restore its credibility.

But ultimately, Reams determined there was insufficient evidence to support
charging anyone in connection with an assault last year on a Portsmouth
police officer.

Fenniman, however, said Reams used the investigation in an attempt to
overhaul the task force. The Dover police chief called Reams irresponsible,
saying the county attorney lacks the qualifications to make any
recommendation.

Reams could not be reached for comment.

Fenniman also criticized the county attorney for releasing the names of Drug
Task Force members in the report, thereby compromising their safety.

"(The Drug Task Force) is a viable, outstanding law enforcement
organization," Fenniman said. "The Drug Task Force is one of the larger law
enforcement organizations in the state. All organizations have internal
issues they deal with on a daily basis."

Fenniman said he knew for a long period of time there were not going to be
any charges and believes the investigation was used for political purposes.

He said Reams "acted in the capacity of political waterboy for the
Portsmouth police chief." Fenniman suspects Reams decided to expand his
investigation because he got passed over for the attorney general's
position.

After learning of the incident at Paddy's and Gilley's, Fenniman said
Portsmouth police Chief Michael Magnant used it as an opportunity to
reorganize the Drug Task Force.

Magnant called Fenniman's accusation "B.S., pure and simple, nothing more
than B.S."

Magnant said his decision to ask for an investigation from day one was to
shine some light on what happened during those two incidents.

Fenniman argues there was never a crime at Paddy's in Portsmouth since the
alleged victim, Steve Arnold of Portsmouth police, didn't want the matter
pursued by the Portsmouth police administration, according to an e-mail
Arnold sent to the International Brotherhood of Police Officers. The e-mail
was a part of the report.

"There was no victim," Fenniman said. When two people engage in "mutual
combat," it's disorderly conduct, a violation, with a 90-day statute of
limitations.

At the second incident, which was outside Gilley's in Portsmouth, the
Portsmouth police officers who responded to the incident found nothing there
and took no police report.

Fenniman provided Foster's with a copy of a letter from the Portsmouth
police. The Portsmouth police responded to a letter from Fenniman requesting
the police reports for an internal investigation.

Allegations that Drug Task Force members drank on a previous occasion, while
on duty, was investigated and unspecified actions were taken by the
respective departments, Fenniman said.

Meanwhile, former Newmarket police Chief Rodney Collins called Reams'
investigation a "witchhunt" by Magnant. Collins also said the "dedicated
professionals" of the task force are unfairly being characterized as "rogue
cops."

Collins, who is now police chief in Mashpee, Mass., said the incidents have
been blown out of proportion by people who wanted to stroke their egos.

One member of the task force involved in the incident is a member of the
Newmarket Police Department.

Collins claims Magnant is upset because it took him five days to learn of
the incidents and that he learned of them from Durham police Chief Dave
Kurz.

Magnant agrees he was upset to learn of the incident five days later and
that he had to find out about it from another police chief.

Reams' decision to not remove the names of Drug Task Force members was
unprofessional, Fenniman said.

Fenniman learned two of the Drug Task Force members mentioned in the report
are in the process of acquiring attorneys for possible legal actions against
Reams.

Attorney General Kelly Ayotte said Friday that she understood the names of
the task force members would not be released to the public. Ayotte said she
had a senior member of her staff tell Reams the names should not be exposed
to ensure their protection.

"My understanding was the request was going to be honored, that's what was
communicated back to me," Ayotte said.

As far as the future of the Drug Task Force goes, Fenniman stressed nothing
will happen with Reams' recommendation for the organization.

Ayotte said in a Jan. 28 letter to Reams, she has already taken actions to
address his concerns.

Those actions included an internal investigation of the Portsmouth incident
and "appropriate disciplinary measures"; having each new task force member
meet with Ayotte personally to discuss her expectations; and ordering a full
review and update of all policies and procedures of the task force.

A Feb. 24 meeting, to be overseen by Ayotte, has been set up to review the
progress to date and identify further steps that may be taken to strengthen
the task force, she said.

Reams stated in the report that many of the law enforcement officers who
were associating in the group that night failed to cooperate. They simply
declined to be interviewed without comment, or they declined to provide
information which might be harmful to "fellow officers."

In a July 2 letter from Ayotte to Reams, she states that police officers
have no obligation to cooperate in such investigations.

"While I fully agree that is reasonable and appropriate to expect that
police officers will cooperate in such investigations, and by far the better
practice, they have no greater legal obligations to do so than any
civilian," Ayotte wrote. 
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