For the second time in a week, a judge has ruled in favor of the city of Boston and acting Mayor Kim Janey in the case against embattled Boston Police Commissioner Dennis White. On Thursday, a Massachusetts Appeals Court Associate judge affirmed a ruling that cleared a path for White’s dismissal, giving Janey an extra layer of legal clearance to hold a hearing and dismiss White, who is accused of committing acts of domestic violence more than 20 years ago.
White maintains the allegations, detailed in an independent investigator’s report, are false. He sought to have a court hearing prior to his firing in order to clear his name and defend his job.
White sought review through the Massachusetts Appeals Court’s Single Justice process, wherein only one judge evaluates whether to grant a review hearing. His review request temporarily obstructed Janey’s plans for his dismissal.
In a three-page ruling, Associate Justice Vickie L. Henry agreed with the previous Superior Court ruling that White was only entitled to a hearing with the mayor, who holds authority to hire and fire Boston Police commissioners, according to state law.
“Although he argues that the Superior Court must hold an evidentiary hearing prior to his removal, the Commissioner has not cited to any authority for that proposition,” Henry wrote in a ruling. “I agree with the [previous] judge’s determination that the hearing required before a removal decision is properly held before the appointing authority, not the Superior Court.”
In a statement Janey applauded the ruling and said she will “immediately” reschedule the hearing with White.
“It is time to move the Boston Police Department in a new direction toward our vision of safety, healing, and justice,” Janey said.
White's attorney Nicholas B. Carter maintains that the city lacks cause for White’s dismissal.
He said in a statement White is still asking the acting mayor for a public hearing where White “can present his evidence with witnesses that prove he is innocent," and confront the anonymous witnesses who accused him of domestic violence through the independent investigator’s report.
"[White] asks that the hearing take place at a mutually convenient time for all parties and that acting Mayor Janey keep an open mind and allow him to present his case," said Carter.
