Iacoviello Trial Over, Sentencing Tomorrow

Robert Iacoviello (My Fox Boston)

With Tuesday's guilty verdict handed down, the picture of what happened that night back in 2008 on the fields behind Revere High School between a group of off-duty police officers and gangsters has finally come into focus.

As came out in trial testimony, the officers had been drinking since leaving the shooting range at Fort Devens when Officers Soto, Franklin, and Talbot cracked open a few beers (with Soto driving.)They continued to drink at local watering hole Margarita's, and then after that brought some alcohol to the bleachers behind Revere High School. This is where they would fatefully encounter Derek Lodie, who was cutting through the high school fields.

When the group saw Lodie, testimony states that the group began to harass him. In his testimony ex-Sergeant Franklin stated that, at most, they were just looking for a fistfight with Lodie, whom Talbot recognized from his work in the gang unit at Revere PD. During these taunts, Talbot yelled numerous things at Lodie, including "gangster," "slob," and "BK." Lodie, who was associated with Blood gang members, would have taken these statements as Talbot pledging allegiance to the Crips street gang (it should be noted here that rumors of hand signs have been going around - testimony during trial indicated that while off-duty Talbot would "clown around" and make gang symbols with his hands, but as far as it taking place that night, there's no testimony to support that.) Slob is a put-down that Crips direct at Bloods, and BK stands for Blood Killer, another Crips identifier. Lodie, who believed that he was being targeted by a group of Crip gang members, called up some of his Blood friends, which included Robert Iacoviello.

After Lodie made the phone call to his gangster friends, Iacoviello showed up with Thomas Papandrea, who was the prosecution's main witness against Iacoviello, and Dararin "Johnny" Heang (James Heang's younger brother.) At this point the gangster contingent began hurling insults back to the off-duty officers. When this began Talbot left the bleacher area to confront Lodie and his associates, despite several warnings and pleadings from the other officers and his fiance to stop. This is when Iacoviello pulled out a Hi Point 9mm that he brought with him and shot Talbot in the head, which would kill him hours later. The gangsters fled, with Officer Soto returning fire without hitting anyone.

I've already gone over what the officers did post-shooting, and now we know more about what Iacoviello and his friends did. Iacoviello returned to the party he left and in the hours and days that followed enlisted the help of numerous people to help break down the Hi Point and get rid of other evidence, such as shoes and clothes. This is where Gia Nagy comes in; her DNA was found in the knot of a rubber glove holding pieces of the murder weapon. This is the only DNA/fingerprint evidence found on the murder weapon as the gun was heated with a blowtorch and Cloroxed after it was used to kill Talbot. However, the elder Heang was convicted of accessory after the fact for his role in breaking down the gun and depositing it in storm drains in Revere.

On top of all this, Iacoviello apparently confessed to a jailhouse confidant, Randy Furtado. Furtado got his sentence reduced from 5-7 years to 2.5 years on unrelated drug charges for his testimony in which he stated that Iacoviello told him that he fired at Talbot thinking he was a Crip and did not mean to hit him.

All in all, Robert Iacoviello was found guilty of second degree murder for being the triggerman, Derek Lodie pleaded guilty to accessory before the fact and received 8-12 years, Gia Nagy pleaded guilty to being an accessory after the fact and received 1-2 years, and James Heang was found guilty of accessory after the fact with Iacoviello. Iacoviello's attorney, who says that Iacoviello did not kill Talbot, says his client will appeal the verdict.

Both parties involved here were in the wrong. To pretend to be a rival gangster while looking for a fistfight with a kid who you know is associated with Bloods behind a public high school at 1:30am after you've been drinking for the majority of the evening shows incredibly bad judgment and, in this case, got Daniel Talbot killed. Did he deserve to be killed for his errors? Absolutely not, and that is why Robert Iacoviello will be behind bars for at least a decade and a half.

Ambrosino Finally Fires Franklin: More Details Emerge that Make the Case Even More Confusing

Revere Police Sergeant Evan Franklin
(Christopher King Blogspot)

Despite being a few weeks late, Revere Mayor Thomas Ambrosino finally fired disgraced Revere Police Sergeant Evan Franklin, the ranking officer at the scene of Daniel Talbot's murder who fled when gunfire erupted while his colleague stayed behind to allegedly try to fire back or protect Talbot's civilian fiance. Unfortunately, Mayor Ambrosino's document outlining why Franklin was fired, while offering some more details as to Franklin's involvement in the shooting and subsequent fleeing that night, simply brings up more questions as to what really happened that night back in September on Revere High School's baseball fields.

In a scathing letter, Mayor Ambrosino detailed why he felt that Sergeant Evan Franklin no longer belonged on the police force. What is surprising is that it is not Franklin's fleeing from the scene of a shooting in which one of his own men was hit (Franklin and fleeing go together, as he fled from the scene of an accident in 1995 on Route 1), but the fact that he stopped officer Robert Impemba, who was responding to the shooting and ordered him to drive him home instead of going to help his fellow officers who were allegedly involved in a shoot out with gang members. Mayor Ambrosino wrote the following in his decision to can Franklin:

There is no evidence to support any claim that Sgt. Franklin got into the cruiser not knowing that Impemba was responding to the scene of a shooting. The evidence instead supports the finding that Franklin used his supervisory position to interrupt the emergency response of a police cruiser fairly close to the scene of a shooting, which in fact became a murder.

Revere Mayor Thomas Ambrosino
(Boston Globe)

While I would argue that Franklin's fleeing the scene alone warrants an immediate dismissal from the force, and his later actions would demand that Franklin give back the previous eight or so months of taxpayer money he has received by being on paid leave since the incident, Mayor Ambrosino sees it differently and, ultimately, he is sitting in the boss's chair.

I would, however, urge Suffolk County DA Daniel Conley to press charges against Sergeant Franklin for not only lying to State Police investigators, but also impeding Officer Impemba's response to the crime scene. A good place to start, depending on whether or not Franklin gave written statements, would be Chapter 268, Sections, 6A, 24, and 40. Those are simply the crimes that I found that I believe Evan Franklin committed that night (beyond leaving his firearm unsecured in the back of an unlocked vehicle belonging to Officer Soto, a felony.)

One question that arises is, why did it take Mayor Ambrosino so long to come to this decision? Is it not obvious, given Franklin's horrendous behavior, that he is unfit to be a police officer? I would have argued that he was unfit following his first committal of a crime when he fled the scene of an accident on Route 1, but it seems that common sense is a rare natural resource. Mayor Ambrosino also stated that he would probably have a decision a few weeks ago, but obviously that was not true. By sitting on this decision, it makes it seem that there are mitigating circumstances that are not being disclosed to the public. Neil Rossman, Evan Franklin's attorney, takes to blaming everyone else but Franklin for his client's behavior. He says that:

This had nothing to do with police work. It had to do with five knuckleheads drinking in a park at 2 a.m., who happened to have day jobs as police officers. It is tragic for everyone, especially Officer Talbot who had this needless interaction with these young thugs.

So, for those of you keeping track at home, the officers drinking at the scene (and Talbot's fiance) are knuckleheads and it is a tragic situation for Franklin because of the "interaction" with these young thugs. Again, ask yourself why would you even "interact" with these "young thugs?" It takes two to tango, and they could have just let Lodie roll through without exchanging words with him, but they chose not to. After the verbal altercation that could have either left or called for backup, but did neither. Instead, something highly mysterious happened that night, that gets more confusing and bewildering as more details emerge.

Impemba told Franklin that he was responding to a shooting at Revere High (the shooting that Franklin fled) but he instead ordered the responding officer to drop him off elsewhere. This poses a major issue, beyond the fact that Franklin acted cowardly and callous. Why would Sergeant Evan Franklin, an 11 year veteran of the force, order a responding officer who was going to the scene of an officer shooting to stop responding to drop him off at home? I want to revisit one of two scenarios that I brought up in my original post about Officer Talbot's murder:

Then there's scenario number two: these cops are at Revere High at 1 am for whatever reason, an argument or something occurs within the group, Talbot is killed by someone in the group with a non-department issued weapon, which they then break down and toss in a storm drain. Then the group comes up with a story involving a "homeless misfit", as the Herald describes him, and a group of his apparently unknown friends. Like something out of a movie.

Now add to that that Sergeant Evan Franklin flags down the responding officer and distracts him to buy more time for others at the scene to destroy evidence (the broken down handgun found in the storm drain) and come up with suspects (known gang members and a "homeless misfit"). In my original post I stated that I believed that what actually happened is somewhere between scenario 1 (the prosecutor's story) and scenario 2 (the above scenario, with newly added points due to more details emerging.)

Suffolk County DA Daniel F. Conley (Wikipedia)

I still believe this. I only throw out the second scenario as an extreme to show how, given the information the public has about this case at this point, the facts of the case can be twisted to portray a different story.

But I've said it before and I will say it again, something simply does not add up in this case and I fear that something is missing from what the DA and officials are feeding us. Some people will say that questioning the "official" account of what occurred that night is a slight to the memory of Daniel Talbot. I would argue the exact opposite: if you truly want justice for Daniel Talbot, you cannot sincerely look at the prosecutor's case and take it at face value given the incredibly nebulous details emerging.

To genuinely bring justice for Daniel Talbot, the absolute truth must be uncovered, not the most convenient story for prosecutors to put this tragedy behind everyone. If Suffolk County District Attorney Daniel Conley wants to release public information regarding this case, starting at the very least with the videotapes from the cameras mounted on Revere High (paid for and maintained through taxpayer money), and that information corresponds to the story that his office is giving to us, then I will be the first to say Talbot's killers may be in custody. Until then, we are left guessing.

Revere Mayor Taking His Time: Revere Police Sergeant's Fate Undecided

Sergeant Evan Franklin (Christopher King Blogspot)

It has been more than a week since Revere Mayor Thomas Ambrosino stated that he would make his decision by this past week regarding Sergeant Evan Franklin's fate with the Revere Police Department. The decision comes following Franklin's behavior after the shooting of Daniel Talbot. On top of that, it has been three weeks since Revere Police Chief Terence K. Reardon sent a letter to the mayor suggesting that Franklin be fired (the chief would do it himself, but city bylaws state that only the mayor can terminate the employment of a police officer, the harshest punishment that the chief can dole out is a five day, unpaid suspension which he has already given Franklin.)

For those of you out of the loop, you can catch up here, and I would also suggest checking out KingCast's First Amendment page, as well, as he has been following the story as well. To make a long story short, Sergeant Evan Franklin, after leaving his department-issued firearm in the backseat of his colleague's unlocked car earlier in the evening, fled the scene of the shooting right after shots rang out. To make matter worse, Franklin flagged down an on-duty Revere cop, not to alert him to the fact that one of his colleagues had been shot, but to be driven home. When asked if everything was OK, Franklin replied in the affirmative.

Franklin got home, never called the police to let them know what happened, and then lied about his presence at the scene to State Police investigators. He has been on paid administrative leave since September 29, 2007. Chief Reardon recently suspended him for five days without pay, which Franklin thought was excessive and is fighting. He is also fighting his chief's dismissal suggestion (which he did by hiring business lawyer Neil Rossman.)

Given Franklin's actions, however, it seems that a dismissal would be a lucky outcome. Of course, this is not all of Franklin's story. Franklin resigned from the force two weeks before graduating from the police academy for his involvement in a hit and run with another cadet in 1995. Franklin re-joined the force in 1997 after going through the academy again (the man Franklin was with, Todd Randall, is now a patrolman.) So Franklin running from a scene is not a freak occurrence; he has a history of this.

Revere Mayor Thomas Ambrosino (Boston Globe)

So my question is this: what is taking Mayor Thomas Ambrosino so long? Is it really that hard of a decision? Let's assume that Ambrosino allows Franklin to stay on the force. Who the hell is going to want to partner up with him? Would anyone feel safe with Franklin as the person who is supposed to have their back on the beat? Additionally, if Ambrosino keeps Franklin on the force, what does this say to anyone who does this type of stuff? Is this behavior that, not only the mayor's office, but the people of Revere are going to tolerate? Is this acceptable behavior of a police officer who already has a tainted record? Is there something Ambrosino knows that we do not?

Everything about these procedures have been public - Chief Reardon's letter and the hearing about Franklin's fate. The facts that the news outlets have reported are (supposedly) all of the facts involving Franklin's involvement with this incident. Given these facts, the decision should be simple: Sergeant Evan Franklin should not be a police officer in Revere or elsewhere.

Officer at the Scene of Daniel Talbot's Murder Faces Dismissal

Officer Daniel Talbot (My Fox Boston)

More Daniel Talbot news coming out of Revere. It was reported today that the ranking officer on the scene of the Talbot murder last September faces dismissal from the force due to his behavior. As I reported back in November, it was determined that Sergeant Evan Franklin of the Revere Police Department was on the scene when Officer Talbot and his posse got into a verbal altercation with Derek Lodie, who allegedly called up Robert Iacoviello, Jr. who came upon the scene. Then, according to Franklin's lawyer, the group of officers approached Lodie and Iacoviello anticipating a fistfight. Talbot was hit in the head and died a day later, while no one else was hit and the police officers who returned fire (Officers Soto and Bruzzese) were unable to hit the shooter. Numerous questions about this case remain unanswered, but if Sergeant Franklin's behavior is any indication, something is not right about this entire situation.

In a scalding letter, Revere Police Chief Terence K. Reardon lays out Franklin's conduct that night and why he should no longer be a police officer. The story goes as follows: Once the shooting started and Officers Soto and Bruzzese returned fire, Franklin bolted from the scene. Reardon says that Franklin ran "a considerable distance from the scene," and came upon on-duty officer Robert Impemba. Franklin, being a sergeant, ordered Impemba to drive him home (apparently Franklin was so drunk that Impemba had to help him out of the back seat of the cruiser). When Impemba asked Franklin if everything was OK, Franklin lied and said yes. The lies continued, as Franklin, who neglected to let the department know that an officer had been shot, lied to State Troopers about how he got home and that he did not know that someone had been shot.

Sergeant Evan Franklin (Christopher King Blog)

Now Franklin's lawyer, Neil Rossman, claims that one of the reasons that Franklin did not stick around was because he was unarmed. Chief Reardon addresses this in his letter, because apparently Franklin left his department-issued handgun in the back of Officer Soto's car, which was unlocked (which violates department rules and state law.) Rossman also said that people should not criticize his client for his behavior because all the officers were drunk and lured into an ambush. So I guess it's official that the officers were drunk. Also, Franklin was the only one to run (even Talbot's fiance, who is not trained in police tactics and was also [assumedly] unarmed appears to have stuck around.) It seems there is little, if anything, that can justify the way that Franklin acted in this situation. Franklin was also chastised by Chief Reardon for not discouraging his comrades from breaking the law by drinking in public (him being the ranking officer). Of course, this is not the first time that Sergeant Evan Franklin has run afoul of the law. According to the Daily Item of Lynn, Franklin and a friend (Todd Randall) were involved in a two-car accident on Route 1 in August of 1995 and fled the scene on foot. The two men were soon to graduate from the police academy, but resigned from the force following the incident. Franklin was re-hired after going through the police academy again in May 1997.

Revere Mayor Thomas Ambrosino
(Revere Journal)

So where does this leave the case? Well, the ranking officer involved lied about the incident to State Police investigators, which makes me think that something that has not been made public lies beneath the surface of this entire debacle. We still do not know why Talbot and his group argued with Lodie. We still do not know what caused shots to be fired. We also do not know why the officers did not call on-duty (and sober) officers to the scene when they got into an argument with Lodie. It also seems odd that some thug would be able to hit Talbot in the head and escape any bullet wounds from trained officers of the law shooting back. Additionally, the Daily Item's attempt to have the videotape from Revere High public surveillance cameras made public was denied, with the judge in the case saying that because the tape is still being used in a grand jury investigation it cannot be released. I can only assume, then, that the grand jury investigation continues and not all responsible parties have been rounded up (at least to the prosecutor's content), which begs the question: how long will this case be drawn out?

Sergeant Evan Franklin's behavior speaks for itself. It seems ridiculous that he is fighting the fact that his breaking several laws and lying to State Police investigators about an incident in which a fellow police officer was killed warrants his dismissal from the force. He has been getting paid administrative leave since September 29, 2007 (minus the five day unpaid suspension). It looks like he has little to complain about, and I would argue that he has gotten off pretty easy considering what he's done (public drinking, leaving firearms unsecured, lying to investigators, etc.) It will be interesting to see if Revere Mayor Thomas G. Ambrosino uses common sense or keeps Franklin on the force. What occurred that night back in September on the property of Revere High School continues to be shrouded in mystery.