Massachusetts agencies, particularly the state police, have a well-known lack of transparency, especially when it comes to public records.
Waiting years for compensation after crash
Rocio Orlandi was stopped at a yield sign while riding her bike near Interstate 93 in Boston's South End in December 2015. That's when a Massachusetts State Police trooper struck the cyclist with his police cruiser while on duty.
As a result of the crash, Orlandi nearly died and suffered debilitating injuries that needed extensive treatment for years to come, according to a civil lawsuit filed by her attorney.
When Orlandi sent a civil demand letter to the law enforcement agency just a month after the crash, the lawsuit alleges state police did not respond for nearly two years. When a response finally arrived, the offer was a meek $2,500 as compensation for a crash that had dramatically changed Orlandi's life.
"Ms. Orlandi has suffered and continues to suffer from severe and disabling personal injuries, conscious pain and suffering, economic injuries, and other injuries and damages," the lawsuit said.
This is part of our series, "Commonwealth Confidential: State of Policing." Learn much more on police in Massachusetts here.
What ensued was an arduous legal battle between Orlandi and the state police, in which attorneys for law enforcement "expressly denied" any liability for the accident throughout the entirety of the process, according to court records.
More than eight years after Orlandi suffered injuries from the collision with the cruiser, Massachusetts State Police finally agreed to settle the case for $65,000 without admitting liability.
Reached by phone, Orlandi's attorney declined to discuss details about his client's case.
Orlandi's settlement is still $35,000 less than the $100,000 statutory liability limit Massachusetts government agencies have. That limit prevents the state police from potentially paying much higher settlements or civil judgements.
In cases like Orlandi's — even when a victim suffers years of physical problems and medical bills from hospitals, physical therapists and work-related losses — court records show the Massachusetts State Police seldom have to pay more than $100,000 when they are involved in legal proceedings.
According to settlement data maintained by the Massachusetts State Comptroller's Office, the state police had more than 500 settlements for a total of $16.3 million over the past decade. The settlements average out to roughly $29,000 per payout.
The Massachusetts State Police are among the top three agencies in the commonwealth in both the number of settlements and the total amount of payments funded by taxpayers.
State police cruiser crashes increase, averaging more than a daily occurrence
NBC10 Boston teamed up with journalism students at Boston University's College of Communication for a deeper dive into the Massachusetts State Police. In an in-depth reporting class taught by NBC10 Boston Investigator Ryan Kath, one of the angles we explored was a review of lawsuits filed against the state's largest law enforcement agency around the Greater Boston area.
A theme that quickly emerged during the analysis was the dozens of cases involving vehicle crashes. That might not initially seem surprising, considering the amount of time troopers spend in their cruisers patrolling state highways.
Over the years, we've seen plenty of incidents of drivers hitting state police vehicles while they are pulled over on the side of the road conducting construction details or struck in late-night collisions by suspected drunk drivers.
But the figures provided by Massachusetts State Police show crashes are stunningly commonplace and happening with growing frequency. There is an average of well over one incident per day.
Records show there were almost 1,600 on-duty trooper crashes in a three-year period from 2021 through 2023. Last year, there were 603 cruiser crashes, an increase of 152 incidents compared to 2021.
Cruiser crashes:
| Year: | Count: |
| 2021 | 451 |
| 2022 | 540 |
| 2023 | 603 |
A state police spokesperson told us troopers who are found at fault in a crash are subject to progressive discipline, which includes verbal counseling, letters of counseling and the possibility of more significant discipline based on the severity and circumstances of the crash. Troopers also complete remedial training at the agency's emergency vehicle operation center.
What happens after an off-duty crash involving a trooper?
Aside from the numerous on-duty crashes that are undoubtedly an occupational hazard of a career in public service, there have also been recent off-duty incidents that have cast a negative spotlight on the agency.
Last month, a new trooper who had just graduated from the academy was arrested on suspicion of drunk driving after a car crash in Tewksbury.
Officers at the scene found James Doran and another man outside their vehicle appearing unsteady on their feet, slurring their speech and smelling of alcohol, according to the police report. Inside the vehicle, police found an open can of light beer and a half-empty vodka bottle.
State police later announced that Doran was dishonorably discharged from the department. He pleaded not guilty and was released on personal recognizance with a date in court scheduled next month. NBC10 Boston did not receive a response for requests for comment from Doran or his attorney.
In 2018, the NBC10 Boston Investigators raised questions about whether a state trooper received special treatment following a late-night crash in Wilmington.
Law enforcement watchdogs later criticized the internal affairs investigation into that incident, which concluded without state police conducting any interviews.
Another off-duty transgression occurred in 2019, when Trooper Jason Welch smashed his truck into another vehicle while intoxicated behind the wheel.
The collision injured the two people in the other vehicle and also left his passenger, an off-duty trooper, with a dislocated hip and cut on his leg. Welch's blood-alcohol level was twice the legal limit at the time of the crash, according to court records.
Welch's drunk driving crash was far from the only blemish on his driving record. An examination by the Boston Globe showed at least 11 other driving infractions since 2003, one of which also detailed a citation for an open container in the vehicle after he was stopped for traveling 110 mph in a 55 mph zone.
Court records show Welch admitted to the sufficient facts of his operating under the influence charge in February 2022 and the case was continued without a finding.
Welch lost his driver's license for 90 days following the plea. Once he finished serving his probation in August 2023, the OUI charge was wiped from his criminal record.
Payroll records show Welch is back to full-time duty with the state police and is on pace to make about $175,000 this year. We asked state police if the trooper faced any discipline related to the crash and are awaiting a response.
Records no longer public to review trooper driving histories
While the Welch and Doran cases are similar in nature, involving allegations of off-duty driving transgressions, the public is now shielded from getting a full picture of the more recent alleged drunk driving crash.
That's because of a new law that took effect last year, which prevents the public from checking for evidence of a potential pattern of bad driving behavior for any driver in the commonwealth.
The Work Family Mobility Act, passed by lawmakers on Beacon Hill in 2022, was created to allow immigrants to obtain driver's licenses or learner's permits without disclosing their legal status.
However, the language regarding individual privacy in one section of the WFMA has since been cited by the Attorney General's Office and the Registry of Motor Vehicles as a justification to withhold individual driving records.
As a result, driving records — including those of public employees like state troopers — are now shielded when they were once regularly accessible. For instance, journalists would now be denied if they requested Doran's RMV record in the wake of his arrest last month.
Justin Silverman is the executive director of the New England First Amendment Coalition, an organization that works toward government transparency.
Silverman said it is another frustrating example of lack of access to public records in the commonwealth. He believes the overall attitude trickles down to government agencies like Massachusetts State Police, which has a reputation for its long delays, expensive cost estimates and outright denials related to public records requests.
In 2015, the Investigative Reporters & Editors organization chose Massachusetts State Police with its dubious "Golden Padlock" award, which recognizes the "most secretive U.S. agency or individual."
"Secrecy is the biggest concern as far as the work we do," Silverman said. "The Massachusetts State Police, I mean, they've been recognized nationally for their secrecy. That's the challenge with the department, is that there is a history of abusing certain exemptions in the public records law to withhold information."
Andrew Quemere, a freelance journalist who specializes in police misconduct, can certainly relate to that sentiment. Quemere told us he once waited 11 months to receive two simple spreadsheet files from the state police.
"Law enforcement, in particular, is terrible about responding to public records requests," Quemere said. "They're supposedly called 'law enforcement,' but they won't follow the law when it comes to public records."
In response, a Massachusetts State Police spokesperson said the agency has procured a software that tracks requests and provides requesters with direct access to attorneys assigned to their requests via an online portal. The spokesperson said that development reflects commitment to improvement of transparency and efficiency of public records responses.
"The Massachusetts State Police remain committed to earning and maintaining public trust by delivering excellent police services and fulfilling our responsibilities under the public records law," the spokesperson said in a statement. "Recognizing the large volume of complex requests, the Department has created a dedicated public records unit staffed by qualified legal professionals who receive requests, identifying responsive information, and determine if any redactions should be applied for the protection of witnesses, victims, investigatory subjects, and public safety."
Silverman said improving the agency's public records reputation would be an important step to regaining public trust.
"With that transparency, we can create trust with the communities the police serve," Silverman said. "And with that trust comes more accountability. But it also becomes a stronger and more effective police department."
The story was written by BU student Ham and edited by Kath
