“Pottygate” became the popular term for the grand jury investigation of Franklin-Hampshire Juvenile Court Clerk Christopher Reavey and a missing bathroom key.
Clockwise from top, left: Northwestern District Attorney David Sullivan, former district attorney Elizabeth Sheibel, David Hoose and Franklin-Hampshire Juvenile Court Clerk Christopher Reavey.NORTHAMPTON – More than three years after the Northwestern district attorney’s Office began a grand jury investigation of Franklin-Hampshire Juvenile Court Clerk Christopher D. Reavey, the case known as “Pottygate” is finally down the toilet.
Northwestern District Attorney David E. Sullivan announced Friday that the investigation is officially over and no charges will be forthcoming.
Reavey’s initial response was a single word: “Wow!” He then added, “This whole thing was just a horrible waste of taxpayer funds on an investigation of a crime that never happened.”
Reavey’s lawyer, David P. Hoose, who was subpoenaed by prosecutors to testify before the grand jury in the case, said Sullivan’s announcement was “about time.”
“This whole thing was nonsense,” Hoose said
“Pottygate” became the popular term for the investigation of Reavey and all the bizarre side-shows surrounding it. These included a failed effort to subpoena Reavey’s lawyers before the grand jury, the subpoenaing of the Boston Globe reporter in an effort to make him disclose his sources and a stinging rebuke by a Superior Court judge who denied former District Attorney Elizabeth D. Scheibel on both these matters.
The term “Pottygate” came from reports that Scheibel had called a grand jury to look into a dispute involving Reavey and a bathroom key. The key was allegedly taken from a locked office in the Hadley juvenile courthouse controlled by Scheibel’s office. Reavey came under suspicion for allegedly authorizing a court officer to retrieve the key because someone needed to use the bathroom.
When word of the supposed bathroom dispute got out in the newspapers, Scheibel widened the grand jury probe to find the source of the information, attempting to bring in Boston Globe reporter Jonathan Saltzman and Reavey’s lawyers, Hoose and Luke Ryan. The matter came to a head at an April, 2009, hearing in front of Judge John A. Agostini in which Saltzman cited the First Amendment and Hoose and Ryan attorney-client privilege as arguments for not appearing before the grand jury.
Essex First Assistant District Attorney John T. Dawley, who was brought in by Scheibel as a special prosecutor in the case, surprised many in the courtroom, notably Reavey, by insisting it was not about a bathroom key but Reavey’s efforts to “administer self-imposed justice to select juveniles represented by certain attorneys.” A stunned Reavey later called the allegation “a total fabrication.”
Agostini also gave Dawley’s argument short shrift, saying in his ruling the following month that it amounted to “a public ambush” and “had a hollow ring.”
Scheibel decided against running for reelection last November and Sullivan was elected in her place, defeating Scheibel’s favored candidate Michael A. Cahillane, an assistant district attorney in her office. Sullivan announced Friday that Dawley has finally brought the matter to an end.
“An impartial and highly respected prosecutor has concluded his investigation into this matter,” he said in a statement. “We thank him for his efforts, and we respect his decision.”
Hoose acknowledged he had been pressing Sullivan to publicly bring closure to the case after Scheibel declined to do so while leaving office.
“I told him, ‘She put this right in your lap,’” Hoose said. “I’m happy they finally reached the conclusion they reached and removed the unwarranted cloud that’s been hanging over Chris Reavey’s head. This was a prosecution that showed incredibly bad judgment, dragging a respected public official through the mud.”
Scheibel could not be immediately reached for comment.
Said Reavey Friday night, "I’m just grateful for the support I received from my colleagues in the judiciary, members of the bar, and the police departments I work with and my staff who have supported me during this time where these outrageous allegations were pending."