Springfield cop Derek Cook now claims he was victim in station-house fight

Cook filed requests seeking assault and battery charges against the 2 supervisors he stands accused of assaulting.

The Republican | Michael S. GordonFILE – Springfield police officer Derek Cook appears in Springfield District Court.

SPRINGFIELD – More than three years after a station-house fight in which he was charged with attacking a lieutenant and sergeant, city patrolman Derek V. Cook now claims he was the victim.

Cook, accompanied by his lawyer, on Thursday filed requests in District Court seeking assault and battery charges against the two supervisors he stands accused of assaulting in February 2008.

Attorney Charles W. Groce said the action was taken “as a result of recent developments” in Cook’s case.

Those “recent developments” include Hampden District Attorney Mark G. Mastroianni leveling a felony wiretapping charge against Cook three weeks ago in connection with the Feb. 2, 2008 incident.

Coming on the eve of Cook’s scheduled trial, the new charge accused the 18-year patrolman of illegally recording the altercation and the events which followed on a cell phone. Investigators had been aware of the recording, but no charge was brought until Mastroianni initiated a review of the case in April.

At the same time, the new district attorney also resumed prosecution of Cook on charges he assaulted Lt. Robert P. Moynihan in the incident. Apparently unbeknownst to Mastroianni, paperwork in which former district attorney William M. Bennett dropped the prosecution of case involving Moynihan as the victim was filed after Bennett left office in January.

Cook is now asking that complaints be issued against Moynihan and Sgt. Dennis M. O’Connor, who has since retired, because he claims they assaulted him. Police reports of the incident were that O’Connor entered the fray to try to break up the fight between the lieutenant and patrolman.

Informed of Cook’s request for a show-cause hearing, Mastroianni said such a move isn’t unusual. “Often in criminal cases there are cross complaints made,” he said. He added that the clerk-magistrate will look at the timing of the request.

Cook’s case had been scheduled for a pre-trial conference on Thursday; it was delayed until May 19 because the prosecutor assigned could not be present.

Cook faces two counts of assault and battery on a police officer, one of threat to commit a crime and the wiretapping charge. If convicted on the wiretapping charge, Cook could face a fine or as long as five years in state prison.

A show-cause hearing takes place before a clerk-magistrate and requires that all parties be present. The clerk-magistrate will decide if the court will issue criminal complaints.

Charles Groce

Groce said the time elapsed since the incident did not affect Cook’s ability to seek charges against the superior officers. A report filed by Cook about the incident was attached to the complaint.

“He made the allegations against Moynihan specifically but also indicated he had been assaulted by O’Connor,” Groce said.

Police reported that Moynihan and Cook were behind closed doors discussing an incident that occurred at roll call. Several officers reported hearing the sound of a body hitting the ground, according to reports of the incident. They rushed in, the reports said, and found Moynihan on the floor appearing unconscious with Cook standing above him with a raised fist.

O’Connor tried to restrain and calm Cook, according to the reports. Cook is accused of shoving O’Connor across a room, resulting in the sergeant sustaining a broken tailbone.

Cook has been assigned to the records division since the incident. He also served a five-day suspension in the immediate aftermath. Once the court-case is decided, Cook will be subject to a departmental disciplinary hearing.

Moynihan, a police officer for more than 35 years, encountered his own troubles in October 2009 when he was charged in District Court in an unrelated domestic assault case; the lieutenant denied that charge. That case is still pending. He has remained on duty also.

Michael O. Jennings, an attorney who represents Moynihan and O’Connor in their role as victims in the case against Cook, said Groce advised him of the filings. Jennings declined comment.