David Roulston: Let the police bias verdict stand

The Court of Appeals has upheld the bias verdict against the city of Greenfield and its former police chief. Leonard Kesten, who nominally represented the city but who was hired and paid by an insurance company, wants to consult with his “client” before deciding to seek a further appeal.

To the extent that the city has any control over Kesten’s decision, which it may not, I hope the city’s leadership will clearly inform him that further appeal is not in Greenfield’s interest. At best, for Mr. Kesten and his insurance employer, a successful appeal would result in a new trial. Can you imagine anything worse for the city and the police than reopening this sad episode?

This was not a simple tort case like a snowplow causing an accident and injury. This was a claim involving the discretionary actions of city leadership. Municipal insurance is essential for small cities and towns, but locally elected leadership should be able to direct the course of litigation, especially when it involves core municipal functions like the police.

If they risk losing coverage by “doing the right thing,” then I suggest that a law should be passed to remove the threat.

David Roulston

Attorney at law, Greenfield