State Police wiretap violations lead to Worcester DA dropping 25 cases

Prosecutors last week dropped 25 criminal cases tied to wiretapping law violations made by the Massachusetts State Police, according to court documents.

Worcester County District Attorney Joseph Early’s office provided Boston.com with notices of nolle prosequi, or intent not to prosecute, for each case. Seven notices were filed in Worcester Superior Court last Monday, and in Fitchburg and Leominster district courts last Wednesday. 

Instead of a statement, a spokesperson for Early’s office said that the nolle prosequi “speaks for itself.” Each document has standard language and is nearly identical. 

The MSP has been the subject of much scrutiny regarding their use of recording technology. Early’s office discovered almost 30 previously unidentified recordings, prompting an audit last spring. That audit found that many MSP employees were routinely using recording devices that had features they were unaware of and that many were not formally trained in the use of the devices. 

Last year, public defenders across the state were notified by the Committee for Public Counsel Services that MSP investigators had allegedly used “covert surveillance technology” without warrants and may have failed to turn over records to the defense in hundreds of cases, The Boston Globe reported. Much of the focus has been on the Callyo cellphone app, developed by Motorola. It is marketed as a convenient replacement for the traditional wires used by undercover investigators. 

Last month, a judge ruled that eight people should be granted new trials because MSP investigators violated wiretap laws during a specific undercover drug investigation in 2022. That operation was poorly organized and featured a number of failures on the part of MSP troopers, he wrote.

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