Top court rejects Southie cop case

By Jim Smith

BOSTON — The U.S. Supreme Court has refused to hear the case of South Boston cop Ken Conley, who was convicted of lying to a grand jury about the beating of a black officer in January 1995.

Conley, who now faces 34 months in federal prison, was found not guilty in 1998 of having witnessed or participated in the beating of officer Michael Cox. He was, however, convicted of perjury and obstruction of justice for saying he had not seen Cox run up to a fence just prior to the beating by officers who mistook Cox for a fleeing suspect.

Three officers, two black and one white, were suspected of beating Cox and leaving him unattended. They were fired last year after an internal investigation but were never criminally charged.

The only officer criminally charged in the Cox affair was Conley, who was pursuing one of the fleeing murder suspects, Robert Brown, around the time that the beating of Cox was taking place. Conley eventually apprehended Brown after leaping over a fence and pursuing him.

In February, the Boston Globe reported that Brown, who ended up testifying against Conley at the perjury trial, had sold crack cocaine to federal undercover agents just months prior to his apprehension by Conley.

U.S. Attorney Donald Stern has denied that Brown received any inducements or rewards for testifying against Conley, but Conley’s lawyer, Willie Davis, was never told about the drug sales during Conley’s trial. Davis believes that information could have been used to discredit Brown’s testimony.

Conley supporters believe that Conley is a scapegoat, who was unfairly targeted by federal authorities who were frustrated with a blue wall of silence.

Davis is now considering options including seeking a new trial. U.S. Rep. J. Joseph Moakley has said that he may seek executive clemency for Conley. Reps. Richard Neal of Massachusetts and Peter King of New York are also taking an active interest in the case.