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July 17. 2012 11:08PM

AG's Brookline police probe closed

BROOKLINE — The attorney general’s office has closed the book on a series of allegations made against the Police Department and the Board of Selectmen by the ex-girlfriend of the police chief’s son, and has found no evidence of wrongdoing on the part of the town.

In May 2011, Nicole Goyette Shank, 25, and Jonathan Quigley, 24, the son of Brookline police Chief William Quigley, had a physical altercation at their shared home. A month later, Shank petitioned Milford District Court for a protective order against Quigley. During a hearing for the order, Shank said Quigley called his father and told the chief to arrest Shank if she called the police because Shank had assaulted him. As a result of that call, Shank said, she didn’t report the incident to police.

Shank was issued a protective order against Quigley after the hearing, but for the last year she has repeatedly raised allegations against the Police Department and the Board of Selectmen because she said proper protocol for handling a domestic violence incident wasn’t followed.

Shank alleged that after her argument with Quigley, he left their home and went to visit his friend, Brookline police Officer Robert Pelletier, who was on duty at the time. Though Pelletier noticed scratches on Quigley’s face, both he and Quigley testified at the protective order hearing that they didn’t discuss Quigley’s argument with Shank.

Shank argued to the Board of Selectmen, the local media and the attorney general’s office that the police officer should have followed the state’s protocols for police response to domestic violence cases. When an article hit the front page of the Nashua Telegraph on August 12, 2011, under the headline “Domestic Abuse Case Unreported — Brookline Police Department fails to follow procedures in chief’s son’s case,” the selectmen formally asked the attorney general’s office to investigate, according to a letter from the board released Monday night.

The attorney general’s office brought in retired Henniker police Chief Timothy Russell and retired state police Sgt. Jill Rockey to conduct the probe into whether protocol was followed. On July 9, Assistant Attorney General Michael S. Lewis sent the town a letter stating that there was no violation of the protocol because no one, including Shank, ever reported the domestic violence disturbance.

“While Jonathan Quigley did have a conversation with Brookline Officer Robert Pelletier that day, he neither confirmed that a domestic violence disturbance took place that day, nor disclosed the timing, identity of participants, or location of such a disturbance,” Lewis wrote, adding that the attorney general’s office would be taking “no further action in this matter.”

The latest decision by the attorney general’s office marks the third time the state has investigated complaints raised by Shank related to the case and found no violation.

Shank’s first complaint, filed last year, argued that Chief Quigley had perjured himself during the court hearing for the protective order by stating that he didn’t speak to his son immediately following the altercation as Shank testified. The Board of Selectmen turned that complaint over to the attorney general’s office, which found no evidence of perjury, said Senior Assistant Attorney General Jane Young.

Another complaint filed by Shank and investigated by Sgt. Rockey and the Merrimack County attorney’s office, looked into whether Jonathan Quigley should have been brought up on simple assault charges stemming from the domestic violence incident. Investigators determined that there was not enough evidence to prosecute Jonathan Quigley.

Chief Quigley said he was pleased with the latest findings by the attorney general’s office and said it confirmed what he knew all along.

“I have said from the beginning that no member of my police department did anything wrong in that case,” he said. “It’s good to have it finally put to rest. It’s time to move on.”

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Nancy Bean Foster may be reached at nfoster@newstote.com.

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