Suffolk County DA pays fine for violating state ethics law in 2022 primary race against Arroyo

Suffolk District Attorney Kevin Hayden has agreed to pay a $5,000 civil penalty for violating conflict of interest law by allowing his office to issue an official press statement aimed at discrediting his primary opponent days before the 2022 Democratic primary election.

The State Ethics Commission said Thursday that Hayden was aware of, and took no action to prevent, his office staff from releasing a statement contrary to the claims former City Councilor Ricardo Arroyo had made about decades-old sexual assault allegations against him being unfounded.

“The authority and prestige of a District Attorney’s office and the work time of its staff are valuable public resources to be used for the public good,” Commission Executive Director David A. Wilson said in a statement. “Their use to discredit a political opponent to gain advantage in an election or for any other private purpose is prohibited by the conflict of interest law.”

The investigations into alleged sexual assaults dated back to 2005 and 2007 when Arroyo was a teenager. Those allegations, first published by the Boston Globe, became a focal point of the 2022 race.

Arroyo had sued the City of Boston for the release of Boston police investigation files that he claimed would show the allegations were unfounded.

Four days before the primary election and ninety minutes before the court-ordered deadline for the release of the records, Hayden’s office sent out a mass press statement, which contradicted Arroyo’s public claims of innocence and was widely reported, the Ethics Commission said.

The DA statement read, “We have thoroughly reviewed our entire unredacted file regarding the sexual assault allegations against Ricardo Arroyo. Nothing in the file suggests or indicates that the allegations were unfounded. Also, nothing in the file questions the validity of the victim’s statements. The campaign to sabotage the victim’s credibility is shameful.”

According to the Ethics Commission, Hayden’s failure to act knowingly was an unethical use of his official position as Suffolk District Attorney.

“To secure for himself the unwarranted privilege of using valuable public resources for his political advantage and violated the conflict of interest law,” e Ethics Commission said.

In response to the penalty the Suffolk County District Attorney’s office released the following statement:

“The statement in question was written and released by me with no participation or coordination from the DA. Our office’s communications on this matter were above board, limited, and cautious. Out of great concern for the alleged victims involved, we responded to voluminous media questions with extreme care and without revealing any case details. However, District Attorney Hayden takes responsibility for his office and he wants no distractions from his vital mission of ensuring justice and public safety for the residents of Suffolk County.”

This is a developing story. Check back for updates as more information becomes available.

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