Saturday, December 4, 2021

Massachusetts cops face backlash for failing to punish cop who ‘allegedly raped his victim while he was on duty’

Massachusetts police officers have been disciplined — or even fired — for using a dubious police policy to justify unjustified killings, but some officers are now pointing fingers at police brass for allowing officers to violate protocols or policies.

Rainer Lubin, who worked as a police officer in Woburn, Mass., for a decade, was arrested for second-degree rape in May 2016, after he allegedly kidnapped and assaulted a woman he had arrested. Lubin pleaded not guilty and faced up to 30 years in prison, but the alleged victim left the state and could not testify. Two months later, Lubin pleaded guilty to assaulting and raping her. It’s unclear why he pleaded guilty after she had failed to appear for his trial, or why she decided to travel from Connecticut to testify.

Lubin posted an apology on Facebook after he was arrested. It was written in a way that implied his conviction was a miscarriage of justice. Lubin cited two state laws that he believed should absolve him of the charges. He wrote:

“I got in a lot of trouble due to a now defunct 1982 judicial hearing on the Uniform Code of Judicial Conduct. Ordinarily, it would have ruled in my favor, but with two judges that said their decision ‘was rooted in God-given mission’ that my case fell short of probable cause. In neither case did there be any evidence presented by the prosecution that the suspects were guilty. A manslaughter case can turn on a testimony from a drunk witness, but there was no allegation or witness in my case.”

Lubin was immediately fired. He lost all privileges, including taking a rifle for target practice and serving on the police SWAT team. He had recently completed his counseling after dealing with substance abuse.

He later added on Facebook:

“And since I have no prior felonies, I cannot apply for office, lose my certification and receive a lifetime ban from the police force. I can’t even apply for a job, because of this ridiculous ruling by a certain female who, it should be noted, lied under oath about the facts of the case and refused to appear in court.”

On Friday, the Elizabeth County District Attorney’s Office released a letter they had sent to Lubin’s attorney stating his actions “constituted gross deviation from standard police behavior and placed the public and your client at risk.”

The Elizabeth County Law Enforcement Chiefs Association said in a statement that Lubin may have violated its policies, but it was due to his own actions and was not meant to hold back other officers. The association said the policy Kozlinsky brought forward should not be applied.

“It seems to me we would be the first ones pointing the finger here at the chief’s office saying, OK, this guy’s got some issues,” said Elizabeth County District Attorney Jon M. Jackson. “Had he been a good enough officer, this wouldn’t have happened. That’s not to take anything away from Mr. Lubin, but had he been a good enough officer we wouldn’t be having this conversation.”

Following Lubin’s sentencing, on Friday, Elizabeth County District Attorney Jon M. Jackson said Lubin could spend up to 100 years in prison.

Read the full story at the New York Times.

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