Prosecutors face discipline for Frances Choy's tossed Brockton murder, arson convictions
BOSTON — Disciplinary hearings are underway against two lawyers who put Brockton's Frances Choy behind bars for 17 years until a judge freed her.
John E. Bradley Jr. and Karen H. O'Sullivan prosecuted Frances Choy when they worked as assistant district attorneys for Plymouth County. They won the case, convincing a jury that she burned down her parents' Brockton home in 2003. Both her mother, Anne, and father, Jimmy, died as a result of the arson. A judge threw out the convictions in 2020, citing evidence of racial bias and other factors.
The Board of Bar Overseers, an independent office created by the Supreme Judicial Court, monitors attorney conduct in Massachusetts. Their investigations can cost lawyers their law license, suspend them from practicing law and other penalties.
Bradley came out swinging in a 39-page response, saying the allegations are false and calling them "the product of lies, recklessness and corruption."
O'Sullivan, in a similar court filing, denies that she did anything wrong to warrant discipline.
Racially offensive emails
The Board of Bar Overseers alleges three main examples of alleged misconduct by Bradley and O'Sullivan. First, the board contends that the two traded racially offensive, derogatory and unprofessional emails and images about Frances Choy and Kenneth Choy, Jimmy Choy's grandson by a previous relationship.
The watchdog board cited seven emails between Bradley and O'Sullivan in its petition for discipline.
Bradley contends the emails were "altered to make them appear to be racially offensive, derogatory and unprofessional." He said the emails contain irregularities that call their authenticity into question. One email had an ellipsis with 10 dots in the subject line. Bradley said his longtime coworker, Assistant District Attorney Frank Middleton, commonly used ellipses that way.
O'Sullivan copped to exchanging four "unprofessional" emails with Bradley about Kenneth Choy but denied they were "racially offensive or derogatory." She denied sending three emails about Frances Choy.
More: These racist emails unraveled Brockton murder case — sparking cover-up, retaliation claims
"I did it as a poor attempt to joke, and that was my only intention," she told the panel during a Friday, March 29 hearing, referencing the comparisons of Kenneth Choy with Long Duc Dong.
Another email exchange came after a fire at the damaged Choy residence while Frances Choy was in custody. O'Sullivan says she was being sarcastic when she wrote Frances Choy should be nulle prossed, which is Latin legal lingo for prosecutors dropping charges. "It was a poor attempt at making a joke," O'Sullivan told the board, adding that it had nothing to do with her beliefs as to Frances Choy's guilt or innocence.
Failure to disclose exculpatory documents
Second, the board claims the prosecutors failed to disclose a missing person's report and police log entry to Frances Choy's defense counsel at trial, Joseph Krowski Sr. These documents could have been used to show Kenneth Choy had a motive for arson and murder and to impeach him as a witness.
Bradley said he did provide the missing person's report to defense counsel. The allegation that he kept it secret is based on defense attorney Joseph Krowski Jr., the Plymouth County District Attorney's Office and Superior Court Judge Linda Giles. Bradley wrote that the allegation "is predicated on the word of a proven liar, Attorney Krowski; a vindictive PCDAO; and unconscionably negligent judge."
As to the police log, Bradley argues it merely contains the same information as the missing person's report.
For her part, O'Sullivan said she was not involved in the "discovery" phase of the case, where both sides must reveal their evidence to the other.
Flawed closing remarks to jury?
Third, the watchdog agency says that Bradley misstated evidence about Kenneth Choy in his closing remarks during France Choy's third trial. A jury had previously acquitted Kenneth Choy of murder. He was a prime witness against Frances Choy in her third and final trial. Bradley said the allegation leaves out the full context of what he told the jury.
The Board of Bar Overseers filed its petition for discipline in June 2023. Recently, the board has held a series of disciplinary hearings. Those hearings continue. The board has yet to decide what penalties, if any, it may recommend the Supreme Judicial Court impose.
The racist emails and images included comparing Kenneth Choy to Long Duc Dong, an infamous character from the 1984 movie "Sixteen Candles." One image the two circulated put Frances Choy's face on a meme about a child burning down a house.
The Board of Bar Overseers has two further disciplinary hearings for Bradley and O'Sullivan scheduled in April and another five in May.
Bad blood between Bradley and DA's office
After Cruz fired Bradley in 2012, Bradley sued for wrongful termination. Bradley settled the case for a $248,000 payout, but the racist emails became public as a result of that case. Bradley, a progressive Democrat, ran against Cruz, a long-serving Republican, for district attorney in 2018. Bradley lost 57% to 43% in an election marked by scandal about whether Bradley lived in the district.
O'Sullivan continues to work as a prosecutor, but in Bristol County instead of Plymouth.
The Enterprise asked for comment from the offices of Plymouth County District Attorney Tim Cruz and Bristol County DA Thomas M. Quinn III and, separately, to Bradley and O'Sullivan. None had responded by publication time Thursday.
The city of Brockton recently agreed to pay $3.75M to Frances Choy to settle a civil rights case. The commonwealth has also agreed to a multi-million dollar settlement.
Send your news tips to reporter Chris Helms by email at CHelms@enterprisenews.com or connect on X at @HelmsNews.
This article originally appeared on The Enterprise: Board of Bar Overseers holds disciplinary hearings in Brockton case
