The Massachusetts Board of Bar Overseers, which in October found Laura Marshard guilty of misconduct, appears to be widening its investigation of the prosecutor.
In a letter to the town of Tisbury dated Nov. 17, Erika Willey, an investigator for the Office of Bar Counsel, requested documents relating to investigations of Tisbury Police Officer Mark Santon. The request is for “any information related to the investigation(s) of Officer Mark Santon for the Tisbury Police Department, including but not limited to a complaint or recommendation for discipline, and reports concerning the disciplinary procedures of the Tisbury Police Department.”
Officials at the Board of Bar Overseers were not immediately available for comment on why they are seeking the documents.
Ms. Marshard’s attorney told The Times last month that the prosecutor intends to appeal the board’s public reprimand, but as of earlier this week she had not yet filed.
As The Times has previously reported, Officer Santon testified in the rape trial of Carlos Stevenson in Dukes County Superior Court at the same time the officer was on paid administrative leave while being investigated. That investigation concluded Officer Santon lied repeatedly in response to questions about an arrest he made in January. Records show Officer Santon took the arrested woman to Dukes County jail and, while he was inside the booking area, the woman was able to wiggle out of one handcuff in the back of his cruiser and attempted suicide by wrapping the cord of her sweatshirt around her neck. The woman had to be revived by first responders.
Officer Santon was suspended for five days, though Police Chief Daniel Hanavan reportedly recommended termination.
Though Cape and Islands District Attorney Michael O’Keefe told The Times in a previous interview that Mr. Stevenson’s attorney, Janice Bassil, was aware of the investigation surrounding Officer Santon, news of the investigation did not break until after Mr. Stevenson was acquitted by a jury, and sources told The Times she was not informed. An indication that Ms. Bassil was not aware of the investigation at the time she cross-examined Officer Santon is that she did not use the ongoing investigation to discredit him as a witness on the stand, a typical defense tactic.
Ms. Marshard’s attorney, Michael Mone, did not immediately return a call seeking comment.
A spokeswoman for Cape and Islands District Attorney Michael O’Keefe wrote in an email that she was unaware of the board’s public records request in Tisbury.
