“Justice was the second casualty in this case”

On October 14th, the NAACP New Bedford Branch issued a press release referring to letters to state and federal prosecutors calling for independent investigations of the murder of Malcolm Gracia by New Bedford Police.

One letter was addressed to Massachusetts Attorney General Maura Healey, the other to Eric Drieband, Assistant Attorney General for the USDOJ’s Civil Rights Division.

Here is what we called for:

The NAACP New Bedford Branch urges your office to investigate the killing of Malcom Gracia in New Bedford, Massachusetts in 2012. Today, eight years later, this killing haunt our community and puts a pall over community- police relations. We believe an investigation will bring to light many facts that have not been given serious consideration by the police and the District Attorney. Your non-partisan, independent investigation will either discover that Mr. Gracia was indeed murdered by police officers or, in any event, put the issue to rest.

In recent presentations by Mr. Gracia’s family’s attorney, Don Brisson, it was revealed that many facts that had not been previously given due consideration. With compelling evidence of mishandled forensics; overly friendly interrogation of the accused police officers; an assistant DA who failed to gather critical evidence; mishandled forensics; the DA’s final report riddled with factual errors and implausible assumptions; a gag order on medical records of the police officer who claimed to have been stabbed and; New Bedford’s half-million-dollar settlement with the Gracia family, it is clear that justice was the second casualty in this case.

Citizens are still calling for the prosecution of officers Trevor Sylvia and Paul Fonseca, and discipline for filing false police reports by officers Tyson Barnes, David Brown, Paul Fonseca, Brian Safioleas, and Trevor Sylvia. Mr. Brisson’s presentations cast a disturbing light on the New Bedford Police, the District Attorney’s office, and the Mayor himself in the wake of Malcolm Gracia’s shooting. We think there’s enough substance in Brisson’s presentations to at least warrant and independent investigation. We join with others in our community calling for re-opening the case.

We would appreciate a speedy response to our request. The Gracia family and the New Bedford community have waited long enough for justice. We are confident that your investigation will lead to a resolution of the issue. I can be reached by email at president@naacpnewbedford.org or via our office number (508) 990-0746.

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