On Tuesday, January 16 at 5:00 PM, the Hopkinton Select Board will hold a public hearing at the Hopkinton Senior Center to consider the termination of Sergeant Tim Brennan from the Hopkinton police department. Brennan’s termination has been recommended by the Chief of Police, Joseph Bennett.

The Town lays out five charges against Sgt. Brennan, none of which are criminal, but all are violations of departmental policy. The charges include key dates, which were discovered through an investigation performed by Kroll Investigative Services.

Attorneys for the Town of Hopkinton retained Kroll in 2023 to perform an investigation of Brennan, who was placed on suspension for alleged policy violations. The investigation was precipitated by grand jury testimony provided by Brennan in the Jay Porter case. Porter is the former Hopkinton Deputy Chief of Police facing rape charges in connection with his time as the Hopkinton School Resource Officer. 

The Kroll report spans 36 pages, and includes several details that were not previously made public. Leveraging the Kroll report as a basis, HopNews independently verified the allegations and timeline with multiple sources who have firsthand knowledge of the incidents. They spoke off the record due to the ongoing investigation and because they are not authorized to speak on behalf of the town. 

Some readers have questioned the timeline asserted by the town in their allegations against Brennan. In light of the pending hearing, we present the timeline and commentary below. We have also incorporated the Town’s charges against Brennan, and have marked them in bold for readability.

Both Porter and Brennan are presumed innocent until proven guilty.

Timeline and Commentary

• In 2004, John “Jay” Porter became the School Resource Officer (SRO) for Hopkinton Public Schools. He and the alleged victim met when he was 35 and she was 14. It was during this year that she alleges she was sexually assaulted by Porter. 
• In 2005, Porter was promoted to Detective, and Officer Tim Brennan became the SRO. Brennan first met the alleged victim when she was a high school Junior. 
• From 2004 – 2008, during her high school years, the alleged victim babysat for Porter and his wife. 
• From 2005 – 2008, the alleged victim babysat for Brennan and his wife. 
  • The Town charges this policy violation. “You used the victim as a babysitter while you were a School Resource Officer and did not obtain prior approval from your supervisor to do so, which is a violation of Rules and Regulations School Resource Officer Policy and Procedure 4.10, Section 9 Prohibited Conduct.”
  • Analysis: While this may in fact be a policy violation, it has little to do with the substance of the matter. There is no evidence or allegation that Brennan had anything but professional dealings with the alleged victim.
• In 2007 Porter was promoted to Sergeant and in 2008 Brennan was promoted to Detective, leaving the SRO position. 
• In 2015, Brennan and the alleged victim met in person. The alleged victim, now 25 and pregnant, told Brennan that she and Porter have had a consensual sexual relationship since her 18th birthday. Porter, learning she was pregnant, ended their relationship. The alleged victim reported that Porter was not the child’s father, and that he told her she is “useless” to him now.
  • The Town charges this policy violation. “You knew in 2015 that the accused and the victim had engaged in an inappropriate sexual relationship and did not report it to the Chief, which is a violation Regulation 10.1 Professional Image and Rules and Regulations General Order 2018-0004.“
  • In his statement to investigators, Brennan claimed not to have immediate concerns when he first learned that the victim and Porter had a sexual relationship. He stated that, because she was 25 when she told him, and that she was 18 when the relationship started, and she confirmed it was consensual, he did not report the relationship to his supervisor. 
  • Analysis: The assertion that it was an “inappropriate sexual relationship” is specious. Both Porter and the alleged victim were consenting adults when the relationship started, according to the victim. Furthermore, and perhaps more importantly, the town cites a 2017 violation of a policy that was created in 2018 (2018-0004). In other words, it wasn’t a departmental policy in 2017.
• In 2017, Brennan and the alleged victim met again. She confided that when she was 14 years old, Porter gave her a ride home from school in his police car. He dropped her off on a side street near a church and then went to the police station. Changing into plainclothes and switching to his personal vehicle, Porter picked the victim up. During this encounter he allegedly kissed her and fondled her breasts. Brennan told the alleged victim that this is a crime and that she should report it. She replied that she would not report it, and would deny it if Brennan reported  it. She stated that Porter had told her that due to her issues and his status as a police officer, no one would believe her. 
  • The town charges this policy violation. “You knew as of 2017 of an alleged sexual assault on a minor and failed to report it to law enforcement, which is a violation of Departmental Rules 10.0 Attention to Duty; Internal Affairs Policy 4.01 General Considerations and Guidelines; and Rules and Regulations General Order 2018-0004.”
  • In his statement, Brennan acknowledged that he was aware that he was required to report allegations of any wrongdoing, even with an anonymous victim. 
  • Brennan stated that, following this meeting, every 6-9 months he and the alleged victim would speak, either in person or by phone.
  • Analysis: This was a no-win situation for Brennan. Without a cooperating victim, Porter would not be charged with a crime. At the time, Porter was a Lieutenant, and Brennan’s direct supervisor. Without evidence of a crime, there would be no cause to suspend or terminate Porter. Of all the bad options, the least worst was to attempt to persuade the victim to come forward. And just as above, the policy was written in 2018, but the town cites a 2017 violation.
• In October 2021, Porter was confirmed by the Select Board to the position of Deputy Chief.
  • Members of the Select Board have privately expressed outrage that they were not made aware of the allegations prior to Porter’s appointment. But as stated above, without a public criminal investigation, the Select Board had no cause to deny the promotion, and in any case Porter would have remained a Lieutenant.
• On July 16, 2022, a news outlet ran an article congratulating Porter for 30 years of service. 
• In Spring and Summer of 2022, the alleged victim contacted Brennan several times and asked about the process for reporting the indecent assault and battery. Brennan provided her with the phone number for the Middlesex DA’s child abuse unit. The alleged victim called on August 8, 2022 and scheduled an interview for August 22. 
• On August 21, Brennan and the alleged victim met to review her notes for the interview the next day. During this meeting, Brennan learned that, in addition to her allegations that Porter had indecently assaulted her when she was 14, he also attempted to rape her and did digitally rape her during that event. “And I said (to her) ‘that changes everything’,” said Brennan. “‘That’s not indecent assault and battery, that’s rape of a child. I said, that’s a big deal'”
  • The Town charges this policy violation. “You knew as of August 21, 2022, of an alleged rape of a minor and failed to report it to law enforcement, which is a violation of Departmental Rules 10.0 Attention to Duty; Internal Affairs Policy 4.01 General Considerations and Guidelines; and Rules and Regulations General Order 2018-0004.“
  • Analysis: This is undoubtedly true, but Brennan knew the next day the alleged victim would be filing a formal complaint, and as part of that, the Chief of Police would be notified by the Middlesex DA.
• On August 22, 2022 the alleged victim filed a formal complaint with the DA. Between August 8 and August 22, Brennan and the alleged victim had multiple phone calls because she claimed she was fearful for her personal safety and was worried that Porter would find out. 
  • The Town charges this policy violation. “You knew in August 2022 that the victim was pursuing a criminal investigation and was concerned for her safety and you failed to report her concern to law enforcement, which is a violation of Departmental Rules 10.0 Attention to Duty and Internal Affairs Policy 4.01 General Considerations and Guidelines.“
  • Analysis: The victim’s concerns for her safety were no doubt reported to the Chief by the Middlesex DA.
• At the time, Porter was the second highest ranking officer in the town, and also Brennan’s direct supervisor. Even though the alleged victim was now a cooperating witness, Brennan admits he took no action for two weeks “to ensure the victim’s safety”. 
• On August 24, 2022 Brennan was contacted by the DA’s office and relayed his knowledge of the allegations. Hopkinton Chief of Police Joseph Bennett is notified by the State Police that they are conducting a criminal investigation of Porter.
• August 25, 2022 Porter was placed on administrative leave.
• From 2013 – 2023, Porter was the girls varsity soccer coach at Blackstone Valley Technical High School in Upton. His employment was terminated on May 2, 2023, three days after his indictment.
  • This sequence of events suggests that no one at the Middlesex DA’s office or the Town of Hopkinton notified administrators at Blackstone Valley Technical High School that Porter was under investigation for rape.

The trial of John Porter is scheduled for September 16, 2024.

Separately, a petition has been launched by a local resident urging the Select Board to reinstate Brennan. Other residents have written letters to the Select Board in support of Sergeant Brennan.