Former Fall River police officer Pessoa's excessive force case is now in the jury's hands
FALL RIVER — After nearly five days of testimony in the criminal case against former Fall River police officer Michael Pessoa alleging excessive force, lying and civil rights violations, both prosecutors and the defense team rested their cases. Now the veteran police officer’s fate is in the hands of the jury.
Closing arguments began after Pessoa finished cross-examination by Bristol County Deputy District Attorney William McCauley, and Lt. John Martins was called back to the stand to refute his testimony.
Pessoa’s trial may be the first of three trials against him for alleged misconduct, and reportedly the only one caught on surveillance camera.
In June 2019, Pessoa was indicted on 15 counts for allegedly assaulting four men in separate incidents, all while they were in custody. One case was dismissed, and Superior Court Judge Renee Dupuis ordered that the remaining cases be separated, against the wishes of the Bristol County District Attorney’s Office.
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In this case, involving city resident David Lafrance, Pessoa is facing felony charges of assault and battery with a dangerous weapon, witness intimidation, civil rights violations and filing false reports.
After the alleged assault, Lafrance was charged with a host of crimes, which were later dropped along with pending charges against the other victims, after a state grand jury indicted Pessoa.
Pessoa denies lying to his superior officers
Pessoa, a 19-year police veteran, is accused of conspiring to lie on police reports with the three younger and less experienced police officers who also responded to a call of a neighbor dispute in February 2019.
After the incident, the officers were seen interacting with Lafrance outside of a South Main Street apartment building on surveillance camera.
Lafrance claims Pessoa punched him in the face with a closed fist. Pessoa claims Lafrance, who was in the process of being released by former police officer Thomas Roberts, “took down” Lafrance after he threatened to assault the police.
The video shows Pessoa stepping off a stoop, standing in front of Lafrance and lunging at him, where Lafrance tumbles to the ground backward.
Pessoa initially failed to fill out a required “use of force” report, and was called back to the station by Martins after seeing Lafrance’s mugshot, which revealed he had a bloody lip and a facial contusion.
On Tuesday, Pessoa testified that he gave Martins a detailed description of the incident. He said that he attempted an arm bar technique to take down Lafrance, but was not positioned properly and got him on the ground by pushing the back of his head.
McCauley asked if Pessoa had given a “detailed” account of the incident.
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“I had a very in-depth conversation with him on that, yes,” responded Pessoa.
Martins, who was the watch commander on the night of the incident, had a different version.
Assistant District Attorney Gillian Kirsch asked Martins about his discussions with Pessoa, admitting the two had talked at length about his taking Lafrance to the ground.
Kirsch asked if at any point Pessoa explained he grabbed Lafrance by the back of the head, with Martins replying, “No.”
"At any point did he tell you that he attempted to, but was not successful, with administering an arm bar?” asked Kirsch.
“No, he did not,” said Martins.
“Would you ever tell an officer to put something in a report that’s not true?” asked Kirsch.
“No, I would not,” said Martins.
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Defense attorney Frank Camera asked Martins if Pessoa as an officer had the right “to act accordingly.”
“He’s not taught that he has to de-escalate and put him and his other officers in harm’s way?” asked Camera.
“De-escalation is taught,” said Martins.
Camera questioned whether officers were taught at the police academy to use force. Martins agreed but added that de-escalation techniques should be used in most instances.
'Blue blood runs deep'
In his closing arguments, Camera reminded the jurors that when the trial began, prosecutors characterized the charges leveled against Lafrance “was based on a pack of lies.”
“Isn’t it ironic that the lies came from Mr. Lafrance, their witness,” said Camera. “See what they’ve done, and continue to do to the bitter end, is to deceive you. To show you a case that’s not complete.”
In the closing presented by Kirsch, she said that in February 2019, officers responded to what should have been a routine call, and the video shows “that’s how it initially started.”
Roberts, she said, had determined that there would be no charges against Lafrance that night, but it turned into a violent assault by Pessoa and false charges brought against Lafrance.
“But as you’ve heard, blue blood runs deep,” said Kirsch.
This article originally appeared on The Herald News: Closing arguments in Fall River police brutality case; jury to decide
