By Paul Leighton
BEVERLY — Police experts enlisted by lawyers on both sides of a $10 million wrongful death lawsuit have filed differing opinions on whether Beverly police officers should be held responsible for the suicide of a fellow officer's daughter.
A police chief serving as an expert for the defense says the officers did nothing wrong when they left Danielle Tarsook with her father, now-retired Beverly police Sgt. Dennis Tarsook, at Beverly Hospital on May 18, 2005.
But a police consultant hired by the lawyer for Danielle's mother said the officers "deliberately, knowingly and recklessly mismanaged" the situation by failing to admit Danielle to the hospital, and their actions were the "proximate cause" of her suicide.
The differing opinions are included in information being gathered by lawyers in the $10 million civil lawsuit filed last year by Danielle Tarsook's mother against the City of Beverly and three police officers. The case is before Judge Nancy Gertner in federal court in Boston but has not yet gone to trial.
Beverly Tarsook says police failed to follow proper procedure after responding to a 911 call about her 19-year-old daughter and should have admitted her to the hospital instead of turning her over to her father.
A state police investigation said Danielle argued with her father, who is divorced from her mother, then returned to her Cabot Street apartment and hanged herself.
The case hinges on whether the three officers who went to Danielle's apartment — Capt. John DiVincenzo and Detectives Richard Ganey and David Richardson — should have known that Danielle Tarsook was suicidal and admitted her to a hospital.
The expert for the defense, Milton police Chief Richard Wells, said the officers had no authority to commit Danielle to a hospital because she did not show "any symptoms or features of suicidal ideation."
"She was not distraught or in distress and had no physical injuries," Wells wrote. "While she may have presented as being upset, she did not manifest any actions or make any comments that would invoke the involuntary commitment powers of a police officer."
Wells said Danielle Tarsook went voluntarily with police to Beverly Hospital to meet with Sgt. Tarsook, who was on duty at the time and had been contacted by DiVencenzo. Danielle and Dennis Tarsook entered the hospital emergency room together, according to Wells.
Wells said the officers not only did nothing wrong, but "because a fellow police officer's child was involved, the officers did more than they were legally obligated.
"Their actions clearly depict a general care and concern for this woman's well-being, and their effort in taking her to the hospital was more than reasonable," Wells wrote.
But Reginald Allard, a police consultant from Connecticut hired by Beverly Tarsook's lawyer, said the officers knew that Danielle had been involuntarily hospitalized a month earlier and should have "anticipated that the harm suffered by (Danielle Tarsook) was a likely and proximate consequence of the failure to provide medical emergency evaluation."
"Defendants actually knew of but deliberately disregarded the known serious risk of self-harm to Danielle," Allard said.
Violation of policy?
Allard also said police violated a department policy that prohibits officers from getting involved in incidents concerning family members. That policy went into effect after a police officer responded to a 911 call involving his son in December 2003. Three days later, the son killed his girlfriend and then himself.
Wells, however, said that policy only applies to situations "that could impact criminal prosecution of a family member or the administrative/internal charges against an officer.
"Neither of these scenarios apply to the present matter, as this case involved whether a family member needed assistance or not," Wells wrote. "It was responsible of the officers to bring family members (here the father) to assist her as he is most aware of his daughter's background, her condition physical and mental, and how she was acting."
Also at issue in the case is the 911 call made that morning by Danielle's boyfriend, Matthew Lewis. The Beverly police report lists the call as reporting a "possible suicidal female."
But Regina Ryan, the lawyer representing the city, has said that nowhere on the 911 tape recording is Lewis heard telling police that Danielle was suicidal.
Ryan said only a portion of the 911 call was recorded because Lewis called on his cell phone. Cell phone 911 calls automatically go to state police on a recorded telephone line, but state police transferred the call to the Beverly Police Department to a line that was not recorded, Ryan said.
Ryan said the description of the call as a "possible suicidal female" was written into the police report by an officer the following day, after Danielle had committed suicide.
In his opinion report, Wells said Danielle Tarsook spent the night before her death at her mother's house. The next morning, Danielle met with Dennis Tarsook to talk about finances and high cable bills. Dennis Tarsook gave his daughter money and assured her that he would take care of her bills, according to Wells.
Wells offered his written opinion for the defense at no charge, according to his filing. Allard said in his filing that he charges $200 per hour.
Staff writer Paul Leighton can be reached at 978-338-2675 or by e-mail at pleighton@salemnews.com.
