Sources are telling Blue Mass. Group that the Boston Police have concluded they have enough evidence to charge Cambridge City Councillor and state Senate candidate Anthony Galluccio with drunk driving on the morning of December 18, 2005. As BMG readers will recall, Galluccio caused a four-car accident that morning, and several witnesses recalled that Galluccio seemed inebriated and that the smell of alcohol on his breath was obvious. In a report aired on Channel 5 a few weeks ago, Galluccio denied that he had had anything to drink that night and ascribed the accident to “a patch of black ice.” Since that story broke, the Herald has revealed that Galluccio has been involved in several other drunk driving incidents.
“Developing,” as they say in the biz.
UPDATE: Channel 5 is reporting that Boston Police believe they have probable cause to charge Galluccio, and are seeking to subpoena Galluccio’s hospital records from the night of the accident. (Thanks to alert reader Kraank for the steer.)
Don’t get in the car with him, kids!
I do not think a criminal complaint will issue. If it does a not guilty verdict will result.
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As for the political aspect. Well, he currently does not have any credible opposition.
that it depends on whether the cops can get the medical records, and what those records contain. If there were any blood or other tests performed at the hospital showing intoxication, or if medical personnel (ER docs, paramedics) are subpoenaed and testify that they smelled alcohol or otherwise believed he was drunk, it would be a tough situation for Galluccio. I served as a juror on a drunk driving case a few years ago. There were no breathalyzer or other tests admitted, just testimony from cops and paramedics that the driver was obviously drunk, and she was convicted without much difficulty.
If the officer formed the opinion that Gallucio was intoxicated he would have arrested him. He didn’t so he will testify that in his opinion there was not enough evidence to arrest him for OUI. Big deal if doctors smeeled alcohol on breath. (they won’t be comming to court anyway, either will EMTs) Yet he had operation, had a public way, even had some evidence of eratic driving (based on witness statements) but when the cop doesn’t agree he was intoxicated a not guilty will result.
The cop is not goint to tetify that he thought Gallucio was drunk. Because then he would have to explain why he did not arest him.
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But I really believe a complaint will not issue from the clerk magistrate of the Bopston Municipal Court, Downtown Division.
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Huge burden to overcome for Commonwealth and resonable doubt is all over the place.
Galluc was just in car accident. Witnesses don’t know if his actions were result of accident or intoxication.
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What evidence is there of where Galluc was coming from (was he drinking)?
None
Even if he was, accidsent caused him to act wiered.
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Remember Mo Vaughn OUI. Most defense attorneys agreed prior to trial that he would be found not guilty.
This is a typical not guilty drunk driving.
the EMT came to court and testified. I don’t see why docs and EMTs wouldn’t testify here if they’re subpoenaed.
You are right David. Your trial I bet was not in Suffolk County. Unless it is a homicide, EMTs, specifically Boston Health and Hospital EMTs, do not show up to court period. Regardless of subpeona.
Find a defense attorney or D.A. in district court who has attempted to get a Boston EMT to come to court.
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Ain’t happen’ baby.
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Why? you may ask. Because EMTS, unlike cops, aren’ty paid to be there and their shift have to be worked. Double whammy for city. And the volume of crime scenes they respond to would result in them constantly being subpoenad for all sorts of stuff. Like staements made by the victim or defendant inside the ambulance.
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So it ain’t happenen in Boston beacause of $$$$$. Unless for serious serious cases, and phony Boston Police public relations cases. Like Gallucio’s
thanks Ernie. You’re right – my trial was in Middlesex. But now that every move of this case will be covered in the Globe and the Herald – to say nothing of Blue Mass. Group! – one assumes that the police will ensure they have the witnesses they need. They’ve already got one black eye on this – the fact that they blew it off until Channel 5 called them on it. They don’t need another.
Because of his past record of driving “after a few beers” he may not be able to brush away the political fall out regardless of outcome.
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Nomination papers due May 2nd. Even if clerk does not issue complaint the police can appeal to judge. So this thing may not be disposed by May 2nd. Will Galluch step out of the race May 1st and 1 credible candidate with the implicit backing of Menino and Trav files papers that same day. Credible does not mean “known”. Could someone that we never heard of but has the credentials and well liked a by a few key people. That perosn that walks into the senate seat much the same way galluchj is suppose to.
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Part of problem candidate has announcing against galluch is appearance of being a vulture. Remember all the p[eople backing him? They are in this equation also.
The cop will say he saw Galluccio in the ambulance, that he did not form an opinion either way that he was intoxicated, and that policy is do not interefere with the EMTs, so that gets the cop off the hook (sort of). It was the ten witnesses who supplied that information and who will supply the evidence. Did I say ten? Add a strong odor of ETOH on breath in the ambulance and hospital records (if it’s there), add a pretty significant accident–plowing into a car at a speed which caused a three car chain reaction–with a lot of property damage, and it could be pretty good case. I think it will be a tough rap to beat in court if all of that goes into evidence.
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As for political carreers, all of this adds up a fizzle for Mr. G. Fighting a drunk driving charge while fighting a primary challenge . . . I don’t think so.
Even though Galluch is in ambulance the cop still has a duty investigate if he has a reasonable suspicion that galluch was drinking and possibly drunk. There are number things he is trained to do without interfering with EMT’s.
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Your reasoning is like not investigating a crime if the bad guy is in an ambulance.
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It don’t work that way, Kraank!
I absolutely agree that the officer should have investigated. This “policy” excuse is the one being offered up by the Boston Police Department, and not by me. It’s absurd. At the least, the officer could have taken a whiff to determine whether it was a brewery, a vineyard, or perhaps a distillery, or he could have asked the EMT’s what they thought. AND, I believe “in the ambulance” might have been a bit of an exaggeration, since I understand that the he may have just been sitting on the bumper.
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But thank you for telling me how it don’t work.
Seriously
I just got a large pamphlet form Galluccio asking me to vote for him for state senator. Paid for and authorized by the Galluccio Committee. Cover: “The American Dream was The Galluccio Family Dream” with a photo of Galluccio’s father with JFK.