MARBLEHEAD — An anonymous source distributed photos that allege a town police officer skipped work when he was supposed to be on duty, supporting a corresponding complaint filed with the Office of the Inspector General.
An anonymous source dispatched photos to the Item and at least one more local publication, showing a police cruiser parked at a residential location on Jersey Street at different times of day and night over several months, allegedly demonstrating that Officer Christopher Gallo of the Marblehead Police Department was skipping work when he was supposed to be on duty.
According to Marblehead Chief of Police Dennis King, Gallo has been on administrative leave pending a disciplinary hearing since June 2021, since the town learned about a complaint filed against Gallo with the Office of the Inspector General.
“As your questions may represent an active personnel matter, I can’t comment on nor confirm information related to your inquiry,” King responded to the Item’s request for information.
Gallo’s attorney, Gary Nolan, who specializes in union-side labor law and representation of law-enforcement professionals, said that his client was the whistleblower in the Marblehead Police Department swastika incident, and has been subject since to retaliation, including recent allegations as well as “other frivolous discipline by the department.”
“Chris Gallo has been a dedicated officer in Marblehead for many years,” Nolan said.
Nolan said that it is widely understood by the department that the person who took the photos and “now is seeking to harm Officer Gallo” is the same individual who carved a swastika into another officer’s car.
“So it appears that revenge is a driving force here,” said Nolan.
The photos might be doctored, Nolan said, and it was not known for how long a car may have been in a particular place between calls for service.
“During this time period, the department’s log and activity reports show that Gallo actively responded to and participated in all calls for service, and that his productivity was amongst the highest on his shifts. His actions were consistent with practices and at all times his whereabouts were known,” said Nolan.
Moreover, most police departments changed their practices during the pandemic, Nolan said, instructing officers to remain away from the police station, limiting interaction with the public, limiting motor-vehicle stops and arrests, and, instead, primarily responding to calls for service to avoid exposing officers and citizens to COVID-19.
Nolan said that the Marblehead Police Department has not done an internal investigation on the matter, as far as he knew, even though it is required by the department’s rules.
“We have requested lots of information regarding several matters that have been raised since Officer Gallo’s reporting of the swastika incident, and we are still awaiting much of it,” Nolan said.
The incident that Nolan is referring to and that he said Gallo played a role in by “shining the light on that hateful conduct,” took place in July 2019. In response to a prank, a former Mablehead Police officer, Timothy Tufts, used an empty can to scratch a swastika on the hood of another officer’s car, leaving damage to the paint, saying “Don’t (expletive) with my car.”
The incident went unreported and uninvestigated until Nov. 13, 2020, when then-Chief Robert Picariello learned of it. Tufts was placed on administrative leave and later resigned.
An investigation showed that several officers, including the victim, who knew of the incident, failed to report it in violation of the department’s regulations. The investigator determined that while Tufts committed the crime of vandalism and violated department rules by committing a crime, he did not commit a hate crime because the victim is not Jewish.
The report recommended that both the town and the police department update its policies to include anti-discrimination and anti-harassment policies, and more explicitly require reporting of rule violations. It also recommended that the department train its staff on workplace harassment and discrimination as well as workplace investigation, and meet with members of the Jewish community to address the incident.
Gallo’s disciplinary hearing date has still not been set, according to King.
“We are hoping the town agrees with us that it is better to support officers that report hateful conduct and to not lend support, indirectly or otherwise, to individuals forced to resign for such conduct, and who are now looking for a pound of flesh,” said Nolan.
