# Easton officer not guilty



## kwflatbed (Dec 29, 2004)

_By Vicki-Ann Downing, Enterprise staff writer_

TAUNTON - Former police sergeant Robert P. Grinham was found not guilty Wednesday in Taunton Superior Court of kicking, hitting and slamming a prisoner's head into a cell wall at the Easton police station in April 2005.

Judge Richard T. Moses ruled that the attorney general's office did not prove beyond a reasonable doubt that Grinham, 43, of Middleboro, committed assault and battery with a dangerous weapon and civil rights violations.

"I cannot say to a moral certainty that the commonwealth has met its burden of proof," Moses said.

At the verdict, Grinham jumped to his feet and hugged and slapped the back of his lawyer, Thomas Drechsler of Boston, as audible gasps of relief and cries of joy rose from a crowd of about 15 spectators, some of them police officers.

Grinham declined to comment later, but Drechsler said, "We're obviously thrilled and very happy. My client wants to move on with his life."

Grinham, who had worked in Easton since 1996, was fired in August 2005 for the alleged use of excessive force in arresting Damian Matta, then 28, of Brockton, on a disorderly conduct charge.

Grinham's appeal of the firing is pending, Drechsler said.

During testimony on Wednesday, Grinham denied using excessive force in subduing Matta, who became enraged when told he was being arrested rather than placed in protective custody, because an arrest would violate his probation.

Grinham said he restrained Matta after Matta "whipped" a boot at him.

"I was in fear of my life and my subordinates'," Grinham said.

Grinham said he grabbed Matta by the wrist and collarbone, pushed him against a wall to get control of him, and used his police boot to sweep Matta's feet out from under him.

"It is an extremely fast technique and very effective," Grinham said.

Grinham's testimony differed from that of the key witnesses in the case, Easton Patrolmen Michael Golden and Robert Tuohy, who separately reported it to their superiors the following day.

The patrolmen said Grinham punched Matta in the head, threw him to the ground and kicked him, and smashed his head three times into a metal cell wall.

But Judge Moses said photographs taken of Matta did not show evidence of injuries consistent with such an attack.

Moses said he was "compelled to look at the evidence of the photographs," which were "somewhat inconsistent with the testimony of the severity of the beating."

The judge said he did not base his decision on assertions during the trial that there was a conspiracy among police to implicate Grinham.

Moses said it was clear to him that tension between Grinham and Matta had been building that night.

"I have to look at the totality of circumstances that existed," Moses said. "Police officers are human beings ... In a perfect world, perhaps the defendant didn't use a takedown consistent with perfect police academy procedure."

Matta, who has a lengthy criminal record, admitted he taunted Grinham and gave him a hard time after learning Grinham planned to arrest him.

But Matta could not remember what happened to him, testifying only that "somebody struck me" and he "saw a flash of light" before ending up on the floor.

Once he was in his cell, Matta testified, Grinham "booted" or kicked him.

In her closing argument, the prosecutor, Denise Marie Barton, said of Grinham, "This man, a big man, was in fear of a shoe being thrown at him."

"He was not in fear of his life. He got angry," Barton said. "His actions were not taken to control Mr. Matta, to restrain Mr. Matta, but to punish Mr. Matta for ... shooting his mouth off."

Drechsler said, "My client's not perfect, but he's not required to be ... No one's saying he's perfect and can't be second-guessed. He was a policeman dealing with a guy who's being a jerk."

Vicki-Ann Downing can be reached at [email protected].


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## Guest (Nov 10, 2006)

Harry, why is this in this forum ???? Accidental ?


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## kwflatbed (Dec 29, 2004)

Yup my computer was giving me problems yesterday.
Need a mod to move it.


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## Duff112 (Apr 14, 2006)

Anybody want to work with Golden and Tuohy anymore???

It's good to know someones got your 6 o'clock at EPD.


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