EXCLUSIVE: Allegations Made by Former High-Level State Police Official of Corruption in Agency
Thursday, November 21, 2019
The former chief legal counsel of the Rhode Island State Police warned a top law enforcement consultant -- hired by the State of Rhode Island -- of specific examples of improper payments, misuse of federal funds, and the hazing of recruits resulting in an adverse impact on minority recruits in the Rhode Island State Police.
Consultant Terry Gainer was hired by the administration of Governor Gina Raimondo to do an assessment of the Rhode Island State Police. The no-bid contract paid Gainer and his team of top law enforcement experts $225,000 in 2017, according to state records.
According to an email sent by Gainer to top officials at the Rhode Island State Police, he conducted a phone interview with former State Police Chief Legal Counsel Lisa Holley, who volunteered facts indicating malfeasance and potentially criminal behavior by State Police officials. Gainer wrote that his report was the “essence but not verbatim” of Holley’s statements.
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The email from Gainer — who formerly served as the Seargent of Arms for the United State Senate — was addressed to then-Rhode Island State Police Legal Counsel Paul Andrews and copied Lt. Colonel Joseph Philbin and two members of Gainer’s team — both controversial national leaders in law enforcement — Mark Sullivan, the former head of the United State Secret Service and Kim Dine, the former head of the United States Capitol Police.
Both left those jobs under scrutiny.
In the email sent in 2017, Gainer outlined the specific claims that Holley made in essence but not "verbatim."
One of Holley's charges was a Trooper improperly billing for overtime and, at the time of the incident, then-Colonel Steven O'Donnell covering up the incident.
“In the Trooper Sean McCarthy case, Colonel O’Donnell interfered in the outcome of the investigation, ordering Ms. [sic] Holly to draw an agreement allowing Trooper to ‘remain on the books’ until he can retire notwithstanding the Trooper took thousands of dollars in overtime in violation of federal grants. Questions remain about RISP practices concerning federal overtime abuse, but Colonel [O’Donnell] did not want to explore it. The McCarthy files are later purged so the Trooper can get a federal position. She [Holley] learned this from Ms. Danika, Colonel O’Donnell’s new General Counsel,” stated the Gainer email.
Efforts by GoLocal to reach former Rhode Island Trooper McCarthy have been unsuccessful. Today, he is a member of the Northeastern University Police Force.
GoLocal has learned that this charge of financial malfeasance has been referred recently to the Rhode Island Attorney General’s office.
Holley’s Other Charges
Gainer also reported that Holley told him during the interview that, “The command staff were told to go light on interviews with public officials during the 38 Studio investigation.”
According to Gainer’s document, Holley raised issues about an attempt by O’Donnell to receive a "huge" vacation payout which he did not earn. He reported that she said, "he was frequently absent, traveling for lacrosse.”
O’Donnell for more than a decade has been the varsity boys lacrosse coach at La Salle Academy and has run a lacrosse training program for more than ten years while he served as a member of the command staff of the Rhode Island State Police.
In addition, Gainer wrote that Holley told him “Colonel O’Donnell assigned Lt. Colonel Barry to the Academy to go hard on recruits, run them into the ground for no purpose, to haze them. The hazing had an adverse impact on minorities.” Neither O'Donnell or Barry responded to emails requesting comment. Today, O'Donnell is the CEO of the Greater Providence YMCA and the subject of a federal gender discrimination lawsuit by two for co-workers. He and the organization deny the claims.
Former Lt. Colonel Joseph Philbin tells GoLocal that “Gainer emails were forwarded to the Colonel for review and action [by then-Colonel Ann Assumpico].”
Efforts to reach Assumpico have been unsuccessful.
According to multiple members of the Rhode Island State Police, no one knows of any action taken by the agency in response to the facts Holley reported. Holley served legal counsel under both Colonel Brendan Doherty and O’Donnell.
Holley was Chief Legal Counsel for the Rhode Island Department of Public Safety for over 6 years — from November of 2008 until November of 2014.
In her position, Holley’s responsibilities consisted of the Rhode Island State Police, Capitol Police, Fire Marshal's Office, Rhode Island Municipal Police Academy, E911, Sheriffs and the Public Safety Grants Administration Office.
According to Gainer’s email — Holley sought and received a waiver from Colonel Assumpico to speak to Gainer’s consulting firm. Gainer wrote:
"During the telephone interview [sic] Ms. Holly indicated that she received permission, a waiver, from Colonel Assumpico to speak with me about matters originating out of her past employment with the RISP. She also indicated she spoke with the state board about speaking with me.”
In addition, Gainer wrote that “she left the RISP because she feared losing her law license.” GoLocal has learned that those fears were tied to actions that O’Donnell was directing her to take.
“She felt Colonel O’Donnell was not a truthful person,” wrote Gainer.
And, he reported that Holley felt O’Donnell had targeted both State Police employees and “directed enforcement action in East Providence in order to target the town manager.”
One of the State Police officers Holley gave as an example of targeting was former State Police Lt. Colonel Ray Studley.
Studley reached on Wednesday night declined to address Holley’s charges, but said, “Colonel O’Donnell and I had ideologies on law enforcement and managerial approaches…and very, very different managerial styles.”
Gainer Paid $225,000
According to State records, Gainer’s firm was paid $225,000 to conduct an evaluation and make recommendations. On December 11, 2017, the report titled “FOCUSED ASSESSMENT OF THE RHODE ISLAND STATE POLICE’ was delivered to Assumpico and was made public. READ THE REPORT HERE
The report makes no reference to the allegations Holley reported to Gainer. "...allegations of misconduct by former employees or the re-investigation of previous cases for example, are not within the scope of work of our engagement; however any such information will be shared with you as I have done to date," wrote Gainer.
The report focuses primarily on recruiting, retaining, training and diversity issues.
State Payments:
May 15, 2017, TERRANCE WILLIAM GAINER SR. State Police Department of Public Safety $50,000.00
June 15, 2017, TERRANCE WILLIAM GAINER SR. State Police Department of Public Safety $50,000.00
June 09, 2017, TERRANCE WILLIAM GAINER SR. State Police Department of Public Safety $25,000.00
August 15, 2017, TERRANCE WILLIAM GAINER SR. State Police Department of Public Safety $50,000.00
December 19, 2017, TERRANCE WILLIAM GAINER SR. State Police Department of Public Safety $50,000.00
Gainer’s Team
Dine resigned as head of the U.S. Capitol Police in 2015.
“Over the last several months, the department has faced scrutiny from some lawmakers after police response time lagged when activists swarmed former Secretary of State Henry Kissinger's seat, the department didn't notify the full congressional community after a gyrocopter landed on the Capitol's West Front lawn in April and officers left guns in two Capitol bathrooms. In May, the House Administration Committee requested a hearing with Dine, where members questioned him on some of these incidents and his plan to move the department forward," reported the Atlantic in 2015. "Dine reportedly offered to resign earlier this year, but ended up staying on the job — at least until his planned retirement."
Sullivan retired while trying to manage a number of controversies. “In his last year, Sullivan had to confront a prostitution scandal involving numerous Secret Service agents preparing for Obama’s arrival in Colombia. He was forced to publicly apologize in Congress for the conduct of his agents, saying that it was an isolated experience that did not put the president at risk,” reported the Washington Post.
Gainer did not respond to emails or phone messages. Today, he serves as Chief Security Officer for GTI, a cannabis company.
Colonel of the State Police Jim Manni declined to give comment.
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