At the ripe
old age of 46, Elizabeth McClure is officially retired from the
Massachusetts State Police with an “honorable” discharge and
lifetime disability pension, courtesy of the taxpayer.
The former state trooper was deemed to be medically disabled in
January, 16 months after she was arrested by Holden police when they
responded to a domestic dispute at her home and she responded in a
manner considerably less than “honorable” by swinging a lamp at
police and kicking and punching them.
Some might conclude that Ms. McClure has managed to parlay bad
behavior into a comfortable future on the public dole, but the
former trooper disputed that characterization in her first public
comments yesterday.
“No one really knows what happened to me,” she said, during a
telephone interview. “I was going to go the insanity route, but I
would have had to dish out another $12,000.”
So instead of going to trial and putting a crimp in her pension, she
agreed to a plea in February on six criminal charges. Four counts of
assault and battery on a police officer were continued without a
finding for one year, while charges of assault and battery on a
child and disorderly conduct were dismissed in Fitchburg District
Court.
Back in September of 2005, it took four Holden police officers to
restrain the then-trooper when they responded to a domestic dispute
at her home. They said they found the trooper shaking a female
family member and yelling at her, and said she smelled of alcohol.
The girl later told police that Ms. McClure had hit her in the face
and pulled her hair.
When she was denied entrance into the room where the girl was being
interviewed, the trooper swung a lamp at police, they said. They
restrained her on the floor, but she continued to kick and punch
them, according to reports.
“She called us all sorts of filthy names and even called my wife a
dirty name,” said Holden Lt. Donald Ball. “She also tried to bite my
ankle.”
Ms. McClure was no stranger to Holden police, who had responded to
her home several times because of domestic disputes and neighborhood
issues involving a dog that wasn’t restrained, they said. Days
before her arrest, she had been cited by police for drunken driving
and leaving the scene of an accident, although those charges were
later dismissed.
Ms. McClure was initially suspended without pay after her arrest.
She also could have forfeited her pension had she been convicted of
the charges.
Instead, she made a successful case for a medical disability before
the state police merit ratings board, reportedly claiming that she
suffered from post-traumatic stress disorder as a result of her job.
In January she retired with the disability and honorable discharge,
meaning she can collect 72 percent of her salary, free of state tax,
for the rest of her life.
According to a spokeswoman for the state treasurer’s office, which
administers pensions to retired state troopers, Ms. McClure receives
$4,430 a month, or $53,160 a year.
When told of the disability pension yesterday, Holden Police Chief
George R. Sherrill said he wasn’t privy to information before the
merit board but believes it sends the wrong message.
“For those officers and troopers out there doing the hard work every
day, we feel a little disappointed,” he said. “Certainly there are
bona fide disabilities and injuries … But when you see someone go
out under these circumstances, I think it sends the wrong message to
the troops.”
Lt. Ball agreed, noting that Ms. McClure was granted an honorable
discharge before her court case was even resolved.
“I wonder how she can receive an honorable discharge when she had
six criminal complaints pending,” he said. “A lot of people have
asked about that.”
I asked State Police Lt. William J. Powers about that, and he said I
was “mixing apples and oranges” because the criminal charges were
unrelated to her disability.
“When you retire on a medical disability, it doesn’t matter if
you’re facing charges,” he said. “An honorable discharge is our
ordinary discharge. From the department’s point of view, she had a
medical disability.”
Is it unreasonable to question why a trooper’s disability is
unrelated to behavior for pension purposes, when she apparently
blamed her behavior on that same disability?
Ms. McClure, for her part, said she was badly mistreated after her
arrest and believes it stemmed from “an underlying, unnatural
resentment on behalf of the police chief, Lt. Ball and certain
Holden police officers.” When told of the chief’s comments about her
disability pension, she said, “I’m not surprised by the comments,
but they’re uninformed and show very little knowledge as to the
exact nature of my disability. It was determined after a very
lengthy review by very intelligent members of the retirement board.”
She declined to reveal the nature of her disability. Last year,
while preparing for trial, her lawyer informed the court that he
planned to argue that his client wasn’t responsible for her actions
because of a mental disease or defect.
Ms. McClure had been a trooper for 14 years. At one time she had
been assigned to an anti-terrorism unit. She has since moved from
Holden to Rutland. Yesterday, she said she wished to stress that she
bears no resentment toward anyone.
“I’m proud to have served with the Massachusetts State Police,” she
said.
Chief Sherrill said he stands by the officers who arrested Ms.
McClure. He said he was “shocked” by her claims of mistreatment and
questioned why she never complained until now.
“That is totally untrue, and the first time I’ve heard these
allegations,” he said, adding that his department enjoys a positive
working relationship with members of the state police — most of
them, anyway.
Contact Dianne Williamson by e-mail at
dwilliamson@telegram.com.
By Jean
Laquidara Hill TELEGRAM & GAZETTE STAFF
FITCHBURG— Two charges against retired state Trooper
Elizabeth M. McClure of Rutland have been dismissed and four counts
have been continued without a finding for a year.
Charges of assault and battery on a child and disorderly conduct
were dismissed. The four counts continued without a finding for a
year, to be dismissed at the end of the year if no other charges are
brought against Ms. McClure, were assault and battery on a police
officer.
A trial on the charges facing Ms. McClure, formerly of Holden, was
scheduled for yesterday in Fitchburg District Court, but the
disposition was issued Feb. 15 by First Justice Andrew L. Mandell at
the request of the prosecution and defense. Pretrial resolutions are
common.
Ms. McClure,
46, retired from the Massachusetts State Police earlier this year
and was honorably discharged. She was a state trooper assigned to
the Athol barracks and to an anti-terrorism unit when charges were
brought against her in September 2005.
The four counts of assault and battery alleged she had assaulted
each of the four Holden police officers who went to her residence
after a neighbor heard yelling.
The charge of assault and battery on a child was for allegedly
slapping and pulling the hair of a child.
The charges were brought after Holden police got a call from a
neighbor saying there was yelling at the McClure residence. After
police arrived, a child told them that Ms. McClure and her husband
had been arguing. The child reported having been slapped once by Ms.
McClure and told police Ms. McClure had never done that before.
Within a couple of days of the charges being brought, Ms. McClure
was suspended without pay.
State Trooper Kara England said yesterday that Ms. McClure retired
from the Massachusetts State Police in January and was honorably
discharged.
State trooper to use mental health defense in criminal case
By J.J. Huggins, Sentinel and Enterprise
LEOMINSTER -- A state trooper from Holden plans to use a mental-health defense in her own criminal case, which stems from an alleged domestic disturbance at her home, according to court documents.
Local police in Holden charged Elizabeth McClure, 45, with four counts of assault and battery, assault and battery on a child with injury and disorderly conduct on Sept. 15, according to court documents.
McClure intends to "rely upon a defense of lack of criminal responsibility because of a mental disease or defect at the time of the alleged crime," her attorney, James J. Gribouski wrote in court papers filed in Leominster District Court on Monday.
Police allege they went into McClure's home after a neighbor reported hearing yelling, and saw McClure shaking her 11-year-old daughter by the shoulders.
The girl told the officers her mother slapped her, according to police reports.
McClure, who the state police suspended without pay after the incident, swore at the officers, tried to swing a lamp at them, and punched and kicked them, according to police reports.
Gribouski previously filed a motion to suppress evidence the police have against McClure, saying they didn't have any right to enter the home without a warrant.
District Court Judge Arthur Haley, in a ruling issued on April 3, denied the motion.
"The officers' action in entry to the house and locating the parties was reasonable in light of the potential of injury or harm to the child," Haley wrote.
The case has been continued to May 22 for a status review hearing.
Trooper's lawyer calls home entry unlawful
JJ Higgins Sentinel and Enterprise
LEOMINSTER -- A state trooper from Holden claims police had no right to enter her home when they arrested her for allegedly assaulting four police officers and her own child in September, according to court documents.
Police twice entered Trooper Elizabeth McClure's home at 13 Lowell Ave. in Holden on Sept. 15 after receiving phone calls from the home, according to court documents.
They left both times because everything appeared calm, but returned a third time after a neighbor reported hearing yelling, according to court documents.
McClure's attorney argues the officers, of which there were at least six, entered the house without a warrant and without probable cause, and therefore any evidence they gathered to charge McClure shall be suppressed.
Police saw the trooper "reprimanding" her daughter, and ended up arresting her, according to McClure's attorney, James J. Gribouski of Worcester.
McClure, 45, admitted at one point prior to her arrest that she drank three glasses of wine with her dinner, Gribouski wrote in court papers filed in Leominster District Court.
"It is not unlawful to drink wine in the privacy of your own home," he wrote. "It is not unlawful to have an argument with your spouse. It is not unlawful to pick up and reprimand your child angrily."
But police saw McClure shaking her 11-year-old daughter by the shoulders, and the girl told them her mother slapped her, according to a report written by Holden Police Officer Gregg Scuthorpe.
McClure also swore at the officers, tried to swing a lamp at them, and punched and kicked them, Scuthorpe alleges.
Local police charged the trooper with four counts of assault and battery on a police officer, assault and battery on a child with injury and disorderly conduct in connection with the incident.
Gribouski claims the officers treated his client poorly, despite law enforcement being "a profession known for camaraderie amongst fellow officers."
McClure is free on personal recognizance while the case is pending, and District Court Judge John J. Curran Jr. has ordered her to refrain from drinking alcohol, according to court documents.
She is also suspended from the state police without pay, according to Trooper Thomas Ryan, a state police spokesman.
Lawyers are scheduled to meet in court and argue over Gribouski's motion on March 27.
September 22, 2005
State trooper
is suspended - McClure faces assault charges
M. Elizabeth Roman, Worcester Telegram & Gazette (MA)
HOLDEN - A state
trooper who was arrested on charges of assaulting four local police
officers was suspended without pay indefinitely after a duty hearing
Monday, a state police representative said.
Trooper Elizabeth McClure, 45, of 13 Lowell Ave., was already on
leave from the force for an undisclosed reason since April, said
state police spokeswoman Lt. Sharon Costine. Trooper McClure was
arrested last Thursday night after she allegedly kicked and hit
officers trying to remove her from her home after a domestic
dispute, according to a police report.
She was released
Friday after pleading not guilty to four counts of assault and
battery, one count of assault and battery on a child under 14 and
one count of disorderly conduct. She must return to court Oct. 6.
Trooper McClure had a two-year history of frequent encounters with
local police, including a recent citation for driving under the
influence of alcohol and leaving the scene of an accident, according
to Police Chief George R. Sherrill.
Around 2:50 a.m. Sept. 5, she allegedly struck a parked car on
Blueberry Street and then sped off, Chief Sherrill said.
"We had probable cause to issue the citations," he said. He said
Trooper McClure was not arrested nor was her alcohol blood level
tested. A hearing for the case is pending in Leominster District
Court.
Neighbors who did not want to be named for fear of retaliation said
the street was quiet before Trooper McClure moved in a few years
ago. Since then, Trooper McClure's residence has been the focus of
several domestic disturbance calls to the police, according to
police and neighbors.
September 17, 2005
Trooper tangles with cops, charged with assault
M. Elizabeth
Roman, Worcester Telegram & Gazette (MA)
HOLDEN - It took
four town police officers to restrain state police Trooper Elizabeth
M. McClure after she allegedly swung a lamp at them and kicked and
punched them when they went to her home Thursday night to
investigate a report of a domestic dispute, according to arrest
documents.
Trooper McClure was arraigned in Leominster District Court yesterday
on four counts of assault and battery, one count of assault and
battery on a child under 14 and one count of disorderly conduct. She
was released and must return to court on Oct. 6.
According to
state police spokeswoman Lt. Sharon Costine, Trooper McClure, who
worked in the Holden barracks, has been on leave from the department
since April. The spokeswoman declined to comment on the
circumstances of the leave, saying it was a personal matter.
Trooper McClure will face a duty status hearing on Monday regarding
Thursday's incident, where suspension will be among actions
considered, Lt. Costine said.
Going to Trooper McClure's residence at 13 Lowell Ave. for a third
time Thursday night, Officers Gregg Sculthorpe and Thomas Monahan
arrived at 10:07 p.m. and heard yelling coming from an upstairs
room, according to the police report. On the earlier two visits,
both for reports of domestic disturbances, the officers left after
determining things were under control. During those previous
encounters with Trooper McClure, they found her to be easily
distracted and smelling of alcohol, according to the report.
Concerned for the young family member inside, the officers entered
and found Trooper McClure shaking the person and yelling loudly, the
report said.
Officer Sculthorpe pulled the family member to another room to speak
with the individual. The family member told the officer that Trooper
McClure had hit her in the face and pulled her hair, according to
the report.
Trooper McClure picked up a lamp and began swinging at the officers
when they denied her entry into the room where the family member was
being interviewed, the report said. They restrained Trooper McClure
on the ground, but she continued to kick and punch them before they
got hand restraints on her, according to the report.
She also shouted to the family member, "Are you happy now?" the
report said.
The report indicated Trooper McClure freed herself from her leg
restraints after a few minutes of violent kicking. At this point,
Officer Joseph Francese, Lt. Donald Ball and three state police
troopers arrived to provide backup, the report said.
Trooper McClure was carried to a police car, booked in Holden and
later taken to UMass Memorial Medical Center in Worcester for
evaluation after she began punching the cinderblock in her cell and
making threats to take her life, according to the report.
Holden Police Chief George R. Sherrill said the officers involved
did not suffer any injuries. He indicated police had been called to
the residence for disturbances in the past. He said Thursday's
events are being investigated by the Holden and state police.
Contact M. Elizabeth Roman by e-mail at
eroman@telegram.com
October 10, 2001
Mistrial in case of police pursuit Troopers said teen failed to stop
Martin Luttrell, Worcester Telegram & Gazette (MA)
WORCESTER -- A
district court judge declared a mistrial yesterday in the case of a
17-year-old charged with failing to stop for state police on
Interstate 290.
The declaration came after conflicting testimony included
allegations that a trooper pointed a gun at the defendant's head and
later banged his face into the pavement.
A six-member jury
was unable to break a deadlock and did not render a verdict in the
case of XXXX Donahue of Worcester. Judge Douglas W. Stoddart, who
was sitting in at Central District Court for the day, did not allow
the jury to continue deliberations into a second day and declared a
mistrial.
The lone prosecution witness, Trooper Michael Peaslee, testified
that on the night of May 31 he clocked a red Dodge Shadow driven by
Mr. Donahue going 70 to 75 mph in the eastbound lanes of I-290 in
Auburn. After turning on his blue lights and siren, he closed to
within two car lengths, he said. He followed the car for 3.8 miles
at about 60 mph before two other state police cruisers, driven by
Sgt. Sean M. Baxter and Trooper Elizabeth McClure, boxed the car in
and forced it into the breakdown lane.
With guns drawn and in the ``low ready'' posture, meaning their
weapons were pointed down at a 45-degree angle, troopers approached
the car, with Trooper Peaslee opening the driver-side door, yelling
for the driver to show his hands, turn the engine off and get out,
he testified. When Mr. Donahue did not comply, the trooper opened
the door and pulled him out, with the car continuing to roll forward
as he forced the driver onto the pavement in a prone position, he
said.
The car continued to roll another 20 to 30 yards before Trooper
McClure was able to get inside and stop it, he said.
Mr. Donahue and two passengers in the car gave a different version
of events, saying that Mr. Donahue initially thought the cruiser was
after another car, but Mr. Donahue pulled over when it became
obvious that it was staying behind his own car. Mr. Donahue had been
issued his driver's license two weeks before, and had previously
driven for six months on a learner's permit, he told the court.
The three were on their way home after attending a play at Pomfret
Academy in Connecticut, where they are students, they testified. The
young men were wearing blue blazers and ties, their school uniforms,
they said.
Mr. Donahue said that he was driving the speed limit of 65 mph in
the right lane, with cars passing him, when he saw the cruiser,
which sat near Exit 9 in Auburn. A mile or so later he was in the
middle lane with cars still passing when he saw the cruiser about 75
yards behind without its blue lights or siren on, Mr. Donahue
testified.
A short time later, the cruiser closed in on his car with blue
lights and siren on, and Mr. Donahue moved into the right lane to
let it pass, he said, but the cruiser stayed behind him, and he
realized he was being pulled over. The roadway had a railing along
the right lane and no safe place to pull over, he said, and he
continued for about a quarter-mile, until it was safe to pull into
the breakdown lane, he testified.
``Once I knew he was after me, I was worried about how to pull over
safely, and wondering what I did wrong,'' he said. ``When I pulled
over, he was yelling `Get out of the car,' and there was a gun
pointed up at the window. The trooper pulled me out of the car, and
it was still in gear. I didn't have time to put it in park.
``The gun was pointed at my head like this,'' he said, placing his
hands together, with his arms outstretched in front of his chest.
He said the trooper pulled his right arm behind his back while
grabbing his collar with the other hand, forcing him face-first to
the pavement. ``He pushed me down and my face hit the pavement. He
hit my face against the pavement three times,'' Mr. Donahue
testified.
The two passengers, Mr. Donahue's sister, xxxx, 15, and a friend,
Jxxxxx Gxxxxxxx, testified that he pulled over as promptly as was
safe, and that police did not have to force him off the road. They
also said that troopers yelled at them to disclose where their drugs
and weapons were.
As Trooper McClure searched book bags in the car, she told Mr.
Gxxxxxxx and Miss Donahue that troopers had heard a radio
transmission about drugs coming into Massachusetts from Connecticut,
Mr. Gxxxxxxx testified.
He and Miss Donahue testified that guns were aimed at the car after
it stopped and that one was pointed at Mr. Donahue's head.
In response to defense lawyer Joseph D. Early Jr.'s questions,
Trooper Peaslee denied that he or either of the other troopers
involved in the stop had obtained information on a red car coming
from Connecticut carrying drugs or weapons.
Assistant District Attorney Blake Rubin argued that a tape of the
radio transmissions among the cruisers and dispatcher showed the
pursuit went on far longer than Mr. Donahue testified.
The jury foreman told the court that five of the jurors had voted
for a not-guilty verdict, with one holding to a guilty finding.
The judge said the case will be tried again, and set a date of Oct.
24 for a status hearing.
xxxxx names removed to protect the innocent.