New England Verdicts

Plaintiff(s):

Shawn Drumgold (Male, 42 Years)

Plaintiff Attorney(s):

Michael W. Reilly;
Tommasino & Tommasino;
Boston,
MA,
for
Shawn Drumgold ■ Rosemary C. Scapicchio;
Law Office of Rosemary Scapicchio;
Boston,
MA,
for
Shawn Drumgold ■ Stephen B. Hrones;
Law Offices of Stephen Hrones;
Concord,
MA,
for
Shawn Drumgold

Defendant(s):

Richard Walsh, 

City of Boston, 

Timothy Callahan, 

Francis M. Roache, 

Paricia A. Murphy, as Executrix

Defense Attorney(s):

Joseph L. Tehan Jr.;
Kopelman and Paige, P.C.;
Boston,
MA,
for
Timothy Callahan ■ William M. White Jr.;
Law Offices of William M. White Jr.;
Boston,
MA,
for
Timothy Callahan, Paricia A. Murphy, as Executrix ■ Susan M. Weise;
City of Boston Law Department;
Boston,
MA,
for
City of Boston ■ Hugh R. Curran;
Bletzer & Bletzer;
Brighton,
MA,
for
Richard Walsh, Timothy Callahan ■ Janelle M. Austin;
Kopelman & Paige PC;
Boston,
MA,
for
Timothy Callahan ■ Gregg J. Corbo;
Kopelman & Paige PC;
Boston,
MA,
for
Timothy Callahan ■ Lisa Skehill Maki;
City of Boston Law Department;
Boston,
MA,
for
City of Boston, Francis M. Roache ■ Jackie A. Cowin;
Kopelman & Paige PC;
Boston,
MA,
for
Timothy Callahan

On Oct. 13, 1989, plaintiff Shawn Drumgold was convicted of murdering a 12-year-old girl, Darlene Tiffany Moore, who was killed by a stray bullet during a gang-related shooting in Boston. Drumgold was granted a motion for new trial in the criminal case after serving 14 years of a life sentence. The basis for the new trial was that exculpatory evidence had been allegedly withheld by police officers/detectives, including Timothy Callahan, involved in Drumgold’s prosecution. After the new trial was granted, the district attorney’s office declined to prosecute Drumgold again and he was released from prison in 2003. Drumgold filed a civil lawsuit against the city of Boston, Detective Callahan, Boston police commissioner Francis Roache, and police officers Paul Murphy and Richard Walsh. Drumgold alleged that his due process rights were violated by the withholding of material exculpatory evidence during the criminal trial. The civil case was first tried in 2008. The jury at that time determined that Callahan had withheld some evidence, but the jurors were deadlocked on whether the failure to disclose that evidence had caused Drumgold’s conviction. As a result, a mistrial was declared. The case was retried in 2009. This time, the jury found that Callahan’s actions had caused Drumgold’s conviction. Drumgold was awarded damages of $14 million, or $1 million for each year he spent in prison. Callahan filed an appeal and argued that he was entitled to judgment as a matter of law or, alternatively, a new trial. The First Circuit Court of Appeals granted the motion for new trial, finding that the trial judge had erred in instructing the 2009 jury on causation. The case was remanded to the district court for a third trial. However, prior to the trial, the parties agreed to a settlement.

Drumgold sought damages for what he claimed was a wrongful conviction, based on the alleged withholding of exculpatory evidence during his criminal trial.

The parties reached a $5 million settlement.

Judge:

Patti B. Saris

This report is based on information that was provided by plaintiff’s counsel and court records. The defense attorneys did not respond to requests for comment.