Team
5 Investigates has uncovered allegations that two Bellingham, Mass. police
officers falsely arrested a woman, using excessive force. The
MORE
Watch
the Team 5 Investigates report here
The
troubling events leading up to the arrest were all caught on camera. Team 5
Investigates' Kathy Curran obtained the exclusive video showing exactly what
happened.
Watch
video of encounter with police
Holly
Graham, 29, struggled with the two police officers moments before she was
placed under arrest in October 2012.
The
events leading up to her arrest were recorded by Graham on her iPhone which
show her questioning the officers as they were leaving her apartment. Graham told Team 5 she wanted to know why
they showed up at her apartment, knocked down her door and searched her home
without a warrant.
According
to the police report, Officer David Ayotte and Officer John Melanson were
looking for Graham's friend who was wanted by police on an outstanding
warrant. Graham claims police told her
they were responding to a complaint for loud music.
"Where's
the warrant at? You came for loud music, right? That's what you came for?
What's that? Loud music?" the video records Graham shouting as she
followed both officers down stairs.
A
short struggle then ensued in the stairway when the phone was dropped and the
video shows Graham on the ground with Ayotte on top of her.
"Can
you tell me what was happening at that point?" asked Team 5 Investigates'
Curran.
"He
had pushed my head into my stairs which split my lip and he was pushing my head
against the stairs," said Graham.
Ayotte
then accused her of threatening him with a fork as Melanson stood nearby.
"You
got a fork in your hand, you come after me?" asked Ayotte.
"I'm
not coming after you. I did not come after you," said Graham.
"Who
the (expletive) do you think you are?" asked Ayotte.
"I
did not come after you," reiterated Graham.
"You're
going to jail now, (expletive)," said Ayotte.
According
to the police report, Ayotte wrote he felt threatened and at a disadvantage. He
said during the skirmish the fork struck the side of his head leaving
abrasions.
"You
never threatened with a fork?" asked Curran.
"Never,"
answered Graham.
"Why
did you have a fork in your hand," asked Curran.
"I
was cooking dinner, I didn't realize I had the fork in my hand," said
Graham.
The
officers threatened to use chemical spray on her twice. Graham was arrested and
charged with assault and battery with a dangerous weapon, resisting arrest,
disorderly conduct and assault and battery on a police officer. Prosecutors
later dismissed all of the charges.
"Had
she not had the videotape, she might have ended up being convicted because it
would have been her word against the word of two police officers," said
attorney Howard Friedman, who is representing Graham.
Friedman
has filed a lawsuit in federal court against officers Ayotte and Melanson
alleging they violated Graham's civil rights by illegally entering her apartment,
falsely arresting her and using excessive force.
Ayotte
declined Team 5's requests for an interview.
"We'd
like to ask you some questions about the incident with Holly Graham," said
Curran.
"I
have no comment, I'm sorry," said Ayotte.
"You
think this was a case of excessive force?" asked Curran.
"I
have no comment," said Ayotte.
His
attorney, Kareem Morgan, told Team 5 Investigates Ayotte believes his actions
were justified and he did what was necessary to defend himself.
Melanson
never got back to Team 5 Investigates despite repeated requests for comment.
"I
look at police a whole other way now. You know, I don't look at them as
protectors or public servants. I fear them and you shouldn't fear the people
who are supposed to help you," said Graham.
Bellingham
Police Chief Gerry Daigle told Team 5 Investigates his department did not
conduct an internal investigation because he believes his officers' actions
were justified.
This
wasn't the first time the police officers involved had contact with Graham. At
the time of this incident, Graham had faced charges in several different cases
but was never convicted.