Former Gloucester firefighters' union president Clinton Carroll was cleared of indecent child assault charges in court yesterday, then vowed to fight the City Hall forces he says are trying to keep him from returning to the Fire Department.
Prosecutors yesterday threw out all charges against Carroll — two counts each of indecent assault and battery of a child and reckless endangerment of a child — after "conversations with the mother of the victim" convinced them pursuing the case is "not in the best interest of the child at this time," a court filing from District Attorney Jonathan Blodgett's office said.
A spokesman for the district attorney would not comment further on the decision, or why a prosecution was not in the interest of the victim now but had been when the case was first brought against Carroll.
Carroll has professed his innocence since his arrest at the end of July, when he was accused of engaging in a romantic relationship with an O'Maley Middle School student starting last winter when she was 13 years old.
The alleged victim, now 14, had at one point told detectives that she and Carroll met secretly at Gordon Thomas Park at the head of the harbor, hugged and kissed on the lips. But she wavered in her statement at least once before charges were filed — then recanted her accounts of the relationship in an e-mail to Gloucester Police Chief Michael Lane circulated by multiple sources in September.
Two weeks ago, Carroll's defense filed a series of discovery motions for investigation records and witness accounts that his lawyers said would reveal that the prosecution did not have a case. The prosecution had not turned over any of the requested documents when they dropped the case, Carroll said yesterday.
"I am just happy it is over," Carroll said yesterday morning when reached by phone. "Now I am just looking to get my job back."
"Now it is in the mayor's court," he added.
The leader of the firefighters' union during a series of contentious contract talks and legal battles with the city, Carroll said his relationship with the girl was only friendly, and he chalked up the case against him to a politically motivated "set up."
Yesterday, Carroll pointed to Mayor Carolyn Kirk as the cause of his ordeal, stopping just short of saying she had used her influence to trump up charges against him.
"She had other motivations for this charge," Carroll said. "It kind of speaks for itself. They dropped these charges without producing any evidence."
Kirk said yesterday that Carroll's assertion she or any members of her office had exerted any influence in the Carroll investigation or prosecution is "absolutely not true."
She said detectives had informed her that an investigation into Carroll was happening during "routine briefings" of police operations that take place around once a month, and those were the only discussions about the issue.
Lane said the idea that the mayor's office had any influence into the investigation or prosecution was "obviously not credible."
Gloucester investigators, led by Detective Steven Mizzoni, had worked closely with the district attorney's office in bringing the charges, Lane said.
The day of Carroll's arrest, Kirk said she intended to fire him and did so at the conclusion of a mandatory disciplinary process two weeks later for conduct unbecoming a firefighter.
Carroll immediately appealed his termination to the state Civil Service Commission, which has delayed hearing the matter until his criminal case is resolved.
City Solicitor Suzanne Egan said yesterday the city stands by the firing, and the collapse of the criminal case against Carroll should have "no direct bearing at all" on the civil service appeal.
Carroll has admitted to talking to the girl "tons" during the months of their friendship, many of the calls coming late at night on the Fire Department central fire station phone while Carroll was on duty.
Fire Chief Phil Dench cited these calls as the basis for disciplining Carroll for misuse of city resources.
But Carroll has said that firefighters are allowed to talk on the phone during their off-hour, on-duty time, when they are also allowed to eat and sleep.
If the city ends up on the short end of Carroll's appeal, it could prove costly.
Two years ago, Gloucester paid police officer Stephen Lamberis a $25,000 settlement after it suspended him with pay for 17 months, but did not have the documentation to prove misconduct.
The end of the Carroll case marks the second time within a year a high-profile prosecution with political implications has been scuttled. Last fall, a judge threw out an extortion case against environmental activist Stevan Goldin for containing fundamental flaws.
The firefighters' union, meanwhile, settled a new contract with the city two weeks ago with no pay raises. Current union head Tom LoGrande said he expects a lawsuit against the city's current budget filed earlier in the year to be dropped.
The next step in the Civil Service process is a "teleconference" scheduled for today.
Patrick Anderson can be reached at 978-283-7000 x3455, or via e-mail at panderson@gloucestertimes.com