** This thread discusses the Content article: Moran Hearing Rescheduled **

Here’s another lawsuit in the makings that this town obviously has zero representation to win! Anyone ever hear of innocent until proven guilty? Don’t they teach that at law school 101? I don’t get it? Why do I, who is not a lawyer, need to point this out? Why doesn’t town council chime in on this? I can only imagine what this one is going to cost the town?

Point taken. Keep in mind though, a district court judge has already ruled that Officer Moran poses a danger. That's not something judges do lightly, especially to someone in law enforcement. I think the town is in a tough spot either way.

Something tells me, had Officer Moran been before this Judge, he wouldn't have been held one second beyond arraignment. The Judges in Massachusetts need to get on the same page. Case in point.....

New Bedford Standard-Times
December 04, 2007
WAREHAM — Saturday’s brawl outside an Onset sports bar that left one man dead was precipitated by the victim’s friend pulling a knife and yelling racial epithets at patrons, according to varying witness reports in a state police report.
The report was filed in Wareham District Court alleging that Joshua Russell, 21, of New Bedford, killed Bruce Gallagher, 31, of Newburyport, by striking him three times in the head with a golf club.
Russell also is charged with injuring Gallagher’s friend, Daniel Martin, 27, of Fairhaven, outside Stevie B’s Onset Sports Resort Bar & Grill at 12:55 a.m. Saturday. Martin was treated at Tobey Hospital and released.
Russell was ordered held on $50,000 cash bail following his arraignment yesterday on charges that include murder; attempted murder; and assault and battery with a dangerous weapon.

$50,000 cash bail for murder? See were there might just be a slight injustice here?

Each of the bloggers here have some important points. I'd like to chime in.

First of all, I know Sean Moran. I knew him about 12-13 years ago. Despite any prejudice of the public, I think it's unfortunate he's ended up where he is.

From a legal standpoint, I want to point out that the first blogger's concerns are a little unfounded. First of all, the public disciplinary hearing is not the same as a court of law. Consider, for example, a company employee that does not perform well, is rude or belligerent, and violates company policies, or perhaps, even, some laws.
The company is free to engage in disciplinary actions, regardless of the status of potential or actual criminal complaints/charges.
The same holds true for the police dept. They disciplinary hearing, as I understand, is not to decide whether Officer Moran committed a crime, but rather whether his conduct deems him unfit for service as a police officer. This is distinct from his pending criminal charges. If Officer Moran is released from the police department as a result of his demonstrated conduct, but is later acquited of any criminal charges that might have been related to the same, there is no civil case against the police department.

Now, if the disciplinary hearing is not cautious in how it makes its decision--for example, basing its decisions on criminal acts that have not been adjudicated in a court of law--then perhaps it might become a civil matter for Officer Moran to pursue. I suspect, however, that the general counsel for the department or the town will be fully aware of the legal limitations set upon them in determining Officer Moran's status with the department.

So, don't assume that the town is going to face a lawsuit out of this...if anything, Officer Moran may face civil damages judging by the facts in the original article.