-· r Page 1 of2 March 4, 2010 To: Chief Ferraro, Captain Jebb and Officer Naglieri From: Captain Sullivan Re: Incident #10-646-OF, Violation of Rules and Regulations and Policies and Procedures by Officer N aglieri. On 03-02-2010 at about 0900 hours Detective Lieutenant Higgins advised me that Officer N aglieri had responded to a call for an overdose on and that the victim, who was only 39 years old, was pronounced dead at the hospital and the Detective Bureau was never notified. Furthermore, Lieutenant Higgins said that Officer Naglieri had located, next to where the victim was found, a hypodermic syringe and a bag that packaged the heroin and Officer N aglieri threw this evidence in the trash. On 03-02-2010 at about 10:30 hours I received a phone call at my residence from Officer N aglieri. He confirmed the fact that during the incident he did not request the assistance of a supervisor or notify the Detective Bureau. He also told me he found a syringe that contained liquid in the bathroom and a baggy in the toilet. Officer Naglieri said that he bent the needle of the syringe, so no one would get stuck, before he threw the syringe and baggy in the trash. I read Incident Report# 10-646-OF. In the narrative written by Officer Naglieri he states the following: • On Tuesday, March 2, 2010 at approximately 0718 hrs Officer Wray and I were dispatched to to assist the ambulance with a female unable to get up from the floor. • I found a female later identified as laying on the floor next to the toilet. She was unconscious and had no pulse. • .. .I started to perform CPR. • In the bathroom I found a hyperdermic [sic] syringe and a small wax paper bag in the toilet emptied and labeled blue Monster. It appears that she had overdosed on heroin. On 03-02-2010 at about 0915 hours Detectives Tisdell and Liszka arrived on scene at I read the narrative written by Detective Liszka for Incident # 10-646-0F. In her narrative she states the following: • At approximately 0915 hrs. Det. Tisdell and I arrived at Apt 1 for the alleged heroin overdose. • When looking through a black duffel bag I found 2 capped syringes and a plastic bottle cap. This was photographed and later tagged as evidence. See Tag# B 2428 Page 2 of2 • While searching the kitchen trash I located a "loaded" syringe and needle along with a partial part of a white wax paper bag with the word "Monster" stamped in blue writing. Both were seized and later tagged as evidence. Summary The fact that he was performing CPR on a and evidence of recent heroin use was found next to this woman should have made Officer Naglieri aware that this is a serious incident worthy of the response of a supervisor and detectives. Officer Naglieri violated Department Policy & Procedure No. 1.05 Section 3a viii when he failed to communicate to the dispatcher whether additional assistance (supervisors and detective personnel) was needed at the scene. Department Policy & Procedure No. 1.05 Section Sd states: Physical Evidence shall not be moved or touched pending the arrival of evidence technicians unless it is absolutely necessqry to assure its preservation. Officer Naglieri violated this procedure by picking up and moving the evidence (syringe/needle and wax paper bag) before it was photographed and documented by Detective Bureau Personnel. And if it is necessary to move any item of physical evidence, the item shall be handled in such a manner as to prevent any alteration of its condition. Officer Naglieri violated this procedure by bending the needle of the syringe. Chicopee Police Department Rules and Regulations 300:57 Withholding Evidence -An officer or employee shall not fabricate, withhold or destroy any evidence of any kind Officer Naglieri violated this section when he threw the syringe/needle and wax paper bag in the kitchen trash at Not only did Officer Naglieri endanger the integrity of this investigation he also endangered the health of anyone (e.g. residents St., D.P.W. personnel and detectives) who did or could have handled the trash where the syringe/needle was thrown. For the above-mentioned violations, I am recommending that Officer Naglieri be ,52_~!7~ Captain Daniel P. Sullivan #130