A Milford police officer who had his police certification suspended by Massachusetts' Peace Officer Standards and Training Commission last month had the decision overturned on an appeal, the commission announced Friday.
Former Hopkinton Police Sgt. Timothy Brennan's certification was suspended over allegations he failed to report child sexual assault allegations against a top police official in Hopkinton, where Brennan worked from 2002 until he was fired over the revelation he'd known about the alleged abuse this February.
Brennan argued that the alleged victim told him what happened to her when she was 14 and 15 as a mentor, not as a police officer, and feared for her safety should he go public. He also continued to urge the alleged victim to report the allegations, according to the order, and referred her to Middlesex County prosecutors, which led to the arrest of the officer accused in the matter.
The POST commissioner who heard the Aug. 30 appeal, veteran Massachusetts lawyer Marsha Kazarosian, found that decisions he made years ago, whether right or wrong, "do not implicate the health, safety, or welfare of the public at the present" warranting his suspension while the case continues, she wrote in her order.
Milford's chief of police testified to Brennan's character at the closed hearing, Kazarosian wrote.
She shared several rationales that Brennan brought for why he believed he was justified in his actions, including being trained as a Rape Aggression Defense counselor and Hopkinton police policy acknowledging that victims may be reluctant to come forward.
"Brennan also testified that he believed, whether misplaced or not, that as an adult, the Victim had the right to decide when or if she should report the assaults," she wrote, adding, "Again, this belief, misplaced or not, does not presently place the public’s health, safety, or welfare in jeopardy, thereby meriting suspension."
Brennan is set for a hearing in his appeal against being fired this January, the order noted.
He was fired after the town hired an outside investigator to look into the allegation he knew of the alleged underage sexual assaults and did not act. Hopkinton police eventually released documents related to the case on its website.
This July, Brennan was sworn in by the Milford Police Department, but the Aug. 15 suspension of his certification put that job in jeopardy.
Read the full order sustaining Brennan's appeal here:
