State Police Wiretapping Violations Lead to Cases Dropped

Prosecutors last week dismissed 25 criminal cases involving wiretapping violations by the Massachusetts State Police, court documents show.

Worcester County District Attorney Joseph Early’s office provided Boston.com with notices of nolle prosequi, or intent not to prosecute, in each case. Seven notices were filed in Worcester Superior Court last Monday and in Fitchburg and Leominster circuit courts last Wednesday.

In lieu of a statement, a spokesman for Early’s office said the nolle prosequi “speaks for itself.” Each document has standard language and is nearly identical.

MSP has been the subject of numerous scrutiny over its use of recording technology. Early’s office discovered nearly 30 previously unidentified recordings, prompting an audit last spring. The audit found that many MSP employees routinely used recording devices that had features they were not aware of, and many had not received formal training on how to use the devices.

Last year, public defenders across the state were notified by the Public Counsel Services Committee that MSP investigators allegedly used “secret surveillance technology” without a warrant and likely failed to turn over records to the defense in hundreds of cases, Boston Globe reported. Much attention has been paid to the Callyo mobile phone app, developed by Motorola. It is being touted as a convenient replacement for the traditional wires used by undercover investigators.

Last month, a judge ruled that eight people should receive new trials because MSP investigators violated wiretapping laws during a specific undercover drug investigation in 2022. That operation was poorly organized and marked by multiple failures by MSP officers, he wrote.