MURDER AND INVESTIGATION 1993
Fifty-two-year-old Boston Detective John Mulligan was shot five times in the face just before dawn on Sunday, September 26, 1993, as he slept in his SUV outside an all-night Walgreens drugstore in Boston's Roslindale section. Someone either fired through his slightly open driver's window or climbed into his passenger seat to make the kill. No windows were broken, and no one heard the shots. Observers discerned a cross-like pattern in the bullets. "There were some elements that would lead one to describe it as execution-style...an assassination," said Boston Police Commissioner William Bratton. It sure looked personal, pundits agreed, "a message." Who would fire that many shots at a sleeping, uniformed policeman?
A 27-year veteran of the force, Mulligan had a rough policing style that earned him scores of enemies and multiple lawsuits for false arrest and citizen brutality. The year before his death he'd been officially branded a "problem officer" by his department, one of a "handful of officers with the largest number of civilian complaints against them."
Investigators shone a bright light into Mulligan's police work, looking for individuals bent on revenge.
To the public's surprise, within days the police dragnet turned up two teenagers from adjacent Boston neighborhoods, Terry Patterson, age 18, of Hyde Park, and Sean Ellis, age 19, of Dorchester. The authorities relabeled Mulligan's brutal assassination a random crime of opportunity, committed when the youths saw the detective sleeping and decided to steal his gun for a trophy.
Many observers were skeptical: Would teens kill a uniformed officer -- and kill so brutally -- on a motive so whimsical? And was the killing truly random, given the victim's scores of enemies and his gangland-style execution
Detectives Kenneth Acerra (L) and his partner, Walter Robinson, lead Sean Ellis to jail after his October 1993 arraignment. Both detectives were soon accused -- by prosecutors and defense lawyers alike -- of mishandling evidence and witnesses in the Ellis case. Five months after Ellis's conviction, a Boston Globe exposé unveiled the partners as corrupt, and in 1998 they pleaded guilty to more than 40 federal counts of perjury and armed robbery in a decade-long criminal scheme of targeting drug dealers and illegal immigrants for profit. (Boston Herald photo; all rights reserved.)
After Patterson and Ellis's arrests, allegations hit the press of possible investigative misconduct, charges all the more surprising because they came from the Suffolk County DA's office. Prosecutors questioned two incidents:
First, John Mulligan's friend and colleague, Detective Kenneth Acerra, claimed to have "found" Mulligan's cell phone -- reported missing after the murder -- in the center console of Mulligan's Ford Explorer a full week after the crime. Acerra claimed he was looking for a charger when he came upon the cell phone, even though crime scene investigators who'd swept the vehicle right after the murder didn't find it. The explanation strained credulity.
A second questionable incident also involved Acerra, this time with his partner, Detective Walter Robinson, and a close associate, Detective John Brazil. Within twelve hours of the murder the three detectives brought forward nineteen-year-old Rosa Sanchez, who claimed that while shopping for a bar of soap at Walgreens at 3 a.m. she saw a young African-American man peering into the window of the sleeping Det. Mulligan’s vehicle.
Rosa Sanchez, coincidentally, was the niece of the woman Acerra lived with, a cousin to their child.
Sanchez went on to identify Sean Ellis from a police photo array containing eight images, but only after homicide detectives granted her two separate tries. In her first pass through the photos she selected another man-- neither Ellis nor Patterson -- and was escorted out of the building by Acerra and Robinson. (The photo she selected was the same one her husband, Ivan Sanchez, selected in a private viewing of the same photo arrays some days earlier, rating his certainty a “7 out of 10.”)
After that first viewing, Rosa and her young husband sat in her "Uncle Kenny" Acerra's private car, parked outside the homicide unit, with him and Walter Robinson. By all accounts she was weeping.
Moments later, Rosa Sanchez was brought back into homicide by Acerra and Robinson. Shown the unchanged photo array a second time, she immediately pointed to Sean Ellis's photo in the top, left corner.
Suspicious over Acerra and Robinson's investigative conduct, Chief Prosecutor Phyllis Broker first removed Acerra from the Mulligan homicide task force over the "found" cell phone incident. The powerful Detectives Union got him quickly reinstated. Next, hours after Robinson and Acerra’s handling of Rosa Sanchez's photo ID, Broker required both detectives to answer questions on tape about their roles in the unorthodox, two-try procedure.
The Detectives' Union strongly and publicly objected to Broker's actions as "harassment" of Dets. Acerra and Robinson, and the ensuing feud between Boston Police and the DA's office made headlines. According to the Boston Globe, Boston Police Commissioner William Bratton called in Prosecutor Broker and told her that if she wanted to keep her job, there would be no further questioning of Acerra and Robinson. And Broker complied.
The Sanchez photo ID of Ellis was admitted as evidence over the vigorous objections of Ellis's trial lawyers.