Breed janitor acquitted on all charges

LYNN – A Breed Middle School janitor accused of repeatedly exposing himself to a female co-worker last June was acquitted on all charges Thursday and will now face a re-instatement hearing before the School Department to determine if he will return to work.A 12-person jury found Thomas M. Raftery, 46, of 43 North Belgian Road, Danvers, not guilty in Lynn District Court Thursday, following a three-day trial that featured several character witnesses who spoke to the custodian’s innocence.Raftery was arrested by the Lynn Police Domestic Violence/ Sexual Assault Unit June 21 on a slew of charges including indecent assault and battery on a person over the age of 14, five counts of open and gross lewdness and two counts of annoying and assaulting a person of the opposite sex, after a female janitor had come forward and accused the man of exposing himself, rubbing and harassing her on several occasions while the two worked together at Breed.At the time of the arrest, the victim alleged Raftery exposed himself multiple times between May 30 and June 5, and also cornered her in a bathroom and subjected her to unwanted sexual advances.According to the police report, the victim had worked with Raftery for a number of years both at Breed and Marshall Middle School, but the incidents in May and June were the first evidence of sexual harassment that took place.During this week’s trial, Raftery’s defense attorneys argued that the victim actually had her own history of inappropriate sexual conduct with several co-workers during her career with Lynn Public Schools, some of which resulted in suspensions.While Judge Ellen Flatley would not allow the victim’s permanent employment record included as evidence, an audio tape of the victim’s recorded statement to police, several character witnesses and a negative DNA test of clothing that the victim claimed contained Raftery’s semen ultimately doomed the prosecution’s case, according to court documents.Raftery’s attorney P. Scott Bratton of Lawrence declined to get into specifics of the victim’s allegations or the trial because of pending civil matters, but did say that the ruling vindicated Raftery and his family during a difficult and embarrassing situation.”Mr. Raftery was confident throughout this case that he would be exonerated on these charges, and he is grateful that the court system of the commonwealth did its job,” he said. “These were very serious allegations that put both him and his family under a lot of distress, and they are grateful that it is over because it never should have gone this far.”Bratton said Raftery was suspended without pay when he was arrested, but is confident that a future meeting with the superintendent and other school officials will result in Raftery retaining his position with additional compensation for retroactive pay.According to police reports, Raftery allegedly approached a supervisor after police began investigating the charges against him and asked to be transferred to another school because of the allegations.Calls placed to the School Department Friday were not returned.