Brennan: Rule Breaker? Yes. Criminal Mastermind? No. 

On May 12, 2023, a caller left a voice message on the HopNews tip line. 

“Good evening. I want to make an anonymous tip that Timothy Brennan of the Hopkinton Police Department has been placed on administrative leave as of yesterday, May 11. Thank you.”

The caller was a woman, and had taken measures to ensure the phone number was masked. 

In early May, HopNews published a series of articles on former Hopkinton Deputy Chief of Police Jay Porter, who on April 28, 2023 was indicted on three counts of child rape. Two weeks later the Select Board suspended Sergeant Tim Brennan after they learned he had prior knowledge of Porter’s alleged crime and had been summoned to testify before the grand jury in the Porter case. 

Then on May 23, the anonymous caller, using a burner phone, texted the HopNews tip line. 

“You let everyone comment on Jay Porter’s reputation, based on a 20 year old accusation. Has Deputy Porter been convicted of a crime? No, he hasn’t. But you let people defame his character on your site. Tim Brennan was passed over as LT (Lieutenant), then Deputy Chief. Have you considered Brennan’s motivation in testifying against Deputy Porter? Do you think he’s an upstanding guy for not reporting the alleged rape as a mandated reporter? Brennan testified that he knew about this allegation in 2018, so why hasn’t he been fired for not reporting? I hope you have considered the idea that Tim Brennan brought this about through coercion with this woman. Jay Porter is not a child rapist, but Tim Brennan is a dirty cop.“

The author never provided their name, and the number is now disconnected. What is striking about the exchange is how familiar the author was with what would become the central theme of Porter’s defense, well before it was telegraphed in the courtroom. According to confidential sources in the Middlesex DA’s office, and from the latest motion hearing on October 4, the defense argument is something like this: 

1. Porter and Brennan never got along.
2. Porter and Brennan were considered for the same position (Lieutenant). Porter received the promotion and Brennan did not.
3. Brennan, bitter about being passed over, cultivated a relationship with a troubled teen he knew from his days as the School Resource Officer. Over time, he manipulated her into filing a false complaint that Porter had raped her when she was a teen.

The identity of the author remains unknown, but clearly it was someone that had intimate knowledge of Porter’s defense strategy and a desire to discredit Brennan. They urged HopNews to “dig deep. Tim Brennan is not the squeaky clean hometown boy that the community thinks he is.“

In his statement to Kroll investigators, Brennan admits to knowingly violating departmental policies by not immediately reporting the alleged crime. Kroll’s Dan Linskey was the lead investigator:

Sgt. Brennan: I said ‘you should report that’. She says, ‘I’m not reporting it to anyone, and if you do, I’m going to tell them that I never said anything of the sort’.

Mr. Linskey: Why didn’t you report it to the Chief and say ‘look, she’s going to say that I’m lying, but I just want you to know, she told me a couple of years ago they had an affair, which, you know, whatever you think of an 18 year old and a police leader having a consensual relationship is one thing. But now she’s telling me that she was sexually assaulted when she was 14. Chief, I want to make you aware of that, because this guy has got our uniform and our badge, and it could reflect negatively on the department?’

Sgt. Brennan: I did not tell him that.

Mr. Linskey: Okay. Any reason why?

Sgt. Brennan: Because she was not willing to go forward with that.

The report summarizes: “Brennan acknowledged that he was aware he was required to report allegations of any wrongdoing he had become aware of and that such a report could cause an investigation to commence even with an anonymous victim.“

Kroll refers to the Hopkinton Police Rules and Regulations 10.0 Attention to Duty policy, which reads:

“Officers are expected to be constantly alert and vigilant in the performance of their duties and to respond prudently but decisively when police action is required or expected…Employees shall not withhold information on criminal activity from the department or other authorized personnel where there is a duty to disclose some information.” 

“Brennan was on notice of and had a duty to report the felony sexual assault that occurred in the church parking lot. He failed to do so in violation of HPD Rules and Regulations 10.0 Attention to Duty,” the section concludes.

Further, Hopkinton Police Department Rules and Regulations General Order 2018-0004 reads:

“In the event that any of the following incidents occur the Chief of Police and the Deputy Chief shall be immediately notified.“

Number six on the list of incidents is ‘rape‘.

Let’s take a step back and consider this from a practical standpoint. The alleged victim, now well into her adult years, told Brennan that not only did she not want to report the crime, she would not cooperate with an investigation. It has been substantiated that as a Detective, Brennan handled many rape investigations. Without a cooperating victim, and no physical evidence, what is the practical likelihood of a successful prosecution? Additionally, Porter was his direct supervisor, and the Deputy Chief. By following policy and reporting what the alleged victim had told him, the consequences for Brennan were clear: Not only would he violate her trust and put her at risk, he would also put his career and the reputation of the department at risk, all for a case the DA would be reluctant to take without a cooperating witness.

The moment the alleged victim confided in him it became a no-win situation for Brennan.

Returning momentarily to Porter’s defense strategy, anyone that has met Tim Brennan knows that it seems preposterous to think he coaxed the alleged victim into coming forward simply because he was bitter for being passed over for promotion. In full disclosure, we know Brennan, but we are not close. Like practically everyone that lives in Hopkinton, we have spoken with him at Friday Night Lights and occasionally at Starbucks. He is Officer Friendly; the kind of cop that if he caught your teenage son doing something dumb, he’d give you a call rather than locking him up. He doesn’t strike us as an ambitious ladder climber. He’s more of a “what you see is what you get” guy.

The HopNews Editorial team is not naïve. We have little doubt that in Brennan’s 24 years with HPD he may have violated one or more policies. But we suspect every one of our cops may have at one point. The fact is, the policies and procedures are rigid, and in some cases don’t contemplate the ambiguities and conflicts of the real world. 

For example, the Kroll report found that Brennan violated the Hopkinton Police Department Rules and Regulations School Resource Officer Policy and Procedure 4.10. Section 9, which reads: “An SRO will not arrange or schedule a private off-campus meeting with a student unless the SRO’s supervisor approves such activity.“

The violation? The alleged victim babysat for Brennan and his wife while they went out on a date. This is what Kroll investigators concluded was a “private off-campus meeting”.

An argument can be made that, because he didn’t report the allegations, and instead over the years encouraged the victim to self-report, that he kept her from potential harm. “Porter was the second highest ranking officer in the HPD with access to his duty weapon as well as others. There was a distinct possibility that he could learn of the investigation,” the report states. Brennan asserted this in his interview with Linskey.

Sgt. Brennan: So, she’s very nervous, and she’s calling me, like, every other day.

Mr. Linskey: Okay.

Sgt. Brennan: Because she’s afraid. She’s afraid of physical harm to herself or her children. 

Mr. Linskey: So now she’s fearful of retaliation.

Sgt. Brennan: Correct

It would not be surprising if the town’s attorneys have warned them that they may be facing multiple civil lawsuits. Without doubt, the alleged victim has grounds for a complaint, both against Hopkinton Public Schools and the Hopkinton Police Department. After all, she was allegedly raped by the Hopkinton Police Department’s School Resource Officer when she was only 14 years old. The town may also face a legal challenge from Blackstone Valley Technical High School, where Porter was the girls varsity soccer coach, even while under investigation. The town could have notified BVT High School administrators but didn’t, and Porter was allowed to coach the entire 2022 season. Considering the serious nature of the allegations against Porter, it would seem prudent to have notified BVT High School and put the interests of these vulnerable young girls first.

To date the Select Board, Town Manager and Chief of Police have faced little criticism for their (in)actions. What is the timeline? What did they know and when did they first find out? Why didn’t they take action to protect the BVT HS girls? When will the citizens of our town get some clarity? And why are two other police officers, who appear to have nothing to do with the Porter investigation, being punished by having their promotions delayed? There are too many questions and too few answers, and the citizens of our town deserve more.

Sergeant Brennan was placed in a very difficult situation. He was struggling with the need to adhere to department policy, versus the need to protect a woman who Porter allegedly raped. While reasonable minds may differ on the wisdom of the choice he made, he does not seem to have acted with malicious intent. He made what he felt was the best choice in an impossible situation.