# Patrolman cleared in abuse case returns to work



## stm4710 (Jul 6, 2004)

Patrolman cleared in abuse case returns to work 
By Jill Harmacinski 
Staff writer

MARBLEHEAD - Marblehead Patrolman Cary Gaynor goes back to work this weekend, seven weeks after a jury acquitted him of beating his wife and 19 months after he was initially suspended from the department.

Gaynor, 34, was suspended without pay after his arrest on domestic assault and battery charges at his Peabody home on Aug. 2, 2003.

When Gaynor was acquitted on Jan. 19, his defense attorney, Robert Weiner of Salem, said he was confident Gaynor would be returning to his job. Since the verdict was handed down, town officials and Amy Davidson, an attorney that represents the Marblehead patrolmen's union, hammered out an agreement that allows Gaynor, the father of four children, to return to work this Sunday, Weiner said.

Gaynor was a patrolman in town for two years prior to his arrest.

"He was exonerated of the false allegations that were levied against him," Weiner said. "Justice has prevailed and he deserved to get his job back."

A police expert said the town had to allow Gaynor to return to work, because he was found not guilty,

"If he's been acquitted of these charges in a court of law ... than these charges can't be used against him," said Dr. Michael Lyman, a nationally recognized expert in police procedure who teaches at Columbia College in Columbia, Mo.

Neither Weiner, Davidson nor town officials would comment on the specifics of the agreement. But a local police expert said Gaynor may be eligible to receive back pay, vacation and holiday pay he lost out on during the 17 months he was suspended.

"That may be part of the agreement," said Jon Tiplady, a retired Danvers police lieutenant who is now considered a domestic violence expert.

Marblehead police Chief James Carney would not comment on Gaynor's return to work or the terms of the agreement.

"I don't comment on personnel issues," he said.

Town Administrator Anthony Sasso confirmed that Gaynor is returning to work this weekend and that an agreement was signed. But he declined further comment and referred questions to Mark Miller, a town attorney who could not be reached yesterday.

Attempts to reach Gaynor yesterday were unsuccessful. Patrolman Roy Ballard, president of the department's patrolmen's union, also could not be reached for comment.

During the two-day trial in January, Gaynor testified on his own behalf. He admitted to pushing his wife but said he did so in self-defense after she attacked him. He said his wife grabbed his face, jamming a finger into his mouth, then kneed him in the groin and slapped him hard enough to knock the glasses off his face.

The couple, separated at the time of the incident, have since divorced. Gaynor now has full custody of the couple's four children, including two older children he legally adopted from his ex-wife's first marriage. His ex-wife, who was questioned during the trial about substance abuse issues, does not have visitation rights.

In August 2003, Gaynor's case received a significant amount of media attention after The Salem News reported that his arrest information was not listed in the Peabody police log, as required by law. Peabody police Chief Robert Champagne said a civilian innocent mistake led to the information being left out of the log.

Staff reporter Jill Harmacinski can be reached at (978) 338-2652 or by email at [email protected].


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## Macop (May 2, 2002)

Good for him!!!!


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## frapmpd24 (Sep 3, 2004)

stm4710";p="58917 said:


> Neither Weiner, Davidson nor town officials would comment on the specifics of the agreement. But a local police expert said Gaynor may be eligible to receive back pay, vacation and holiday pay he lost out on during the 17 months he was suspended.


I sure hope he is getting back pay, vacation, holiday, and seniority back. Sounds like things worked out for him. Has custody of adopted kids from her first marriage? If the article is accurate, sounds like the ex-wife may have some issues and played the system against him :evil:


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## EOD1 (Mar 11, 2004)

frapmpd24 said:


> stm4710";p="58917 said:
> 
> 
> > Neither Weiner, Davidson nor town officials would comment on the specifics of the agreement. But a local police expert said Gaynor may be eligible to receive back pay, vacation and holiday pay he lost out on during the 17 months he was suspended.
> ...


yeah FRAPMPD, it kinda sounds like she might not be playing with a full deck. Its not to often that u here of the man getting SOLE Custody after a domestic. Especially if 2 of the older children are not his by blood.I hope he gets back pay also. 
i didn't see it in the article, did she get charged?


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## Mikey682 (May 2, 2002)

Good for him. Best of luck to the poor guy, too bad his "Psycho B :!: tch Detector" didnt activate sooner though.


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## JoninNH (Jan 29, 2004)

Yeah, sometimes the psycho-bitch detector doesn't work quite well and you end up paying for it for a long, long, long time. :shock: Thank God he has his job back and his name cleared. I hope he gets back pay and that his exwife gets room and board cortesy of the DOC or Department of Mental Health.


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