Attorneys for fired Massachusetts State Police trooper Michael Proctor and his former employer spent hours Tuesday making their cases about his future with the department. 

Proctor, who lost his job for his conduct while serving as the lead investigator in the Karen Read case, is attempting to get his job back as his attorney argued that the former trooper was the victim of a "witch hunt." A representative for Massachusetts State Police said that Proctor's own words prove that he deserved to be fired.

Proctor is challenging his firing before the Civil Service Commission, an independent body that reviews any disciplinary action in state and local government.

Both sides will be calling witnesses and are allowed to cross-examine the opposing side's witnesses. The only person called during Tuesday's testimony was Massachusetts State Police Det. Lt. Kevin Dwyer. He was still being cross-examined when the hearing ended for the day.

Another session is scheduled for Wednesday as Dwyer is expected to continue questioning. When Wednesday's proceedings are complete, additional time is set aside for October 21, 22 and 23.   

Civil Service Commission hearing

Dwyer has more than 20 years of experience with the Massachusetts State Police. He is currently working for the Office of Professional Integrity and was responsible for investigating Proctor's conduct. 

Dwyer went through his findings in the investigation into Proctor. Then, video clips were played of Proctor testifying during Read's first trial. The expletive-laden clips featured Proctor undergoing tense questioning from Read's defense attorney Alan Jackson.

According to Dwyer, not all allegations against Proctor were sustained. In one text message, Proctor said to a friend while going through Read's phone, "no nudes so far." Dwyer said that Proctor relayed that during an investigation, it is not uncommon to come across items on a phone that are not intended to be discovered. Proctor said the text was an "inappropriate joke referencing that anecdotally true fact," Dwyer said.

Dwyer also said that while there was evidence that Proctor drank alcohol then drove his cruiser, there was no evidence that he was intoxicated. Still, Dwyer said drinking alcohol while on duty violates department policy.

At around 2:15 p.m., Stephen Carley, representing Massachusetts State Police, finished direct questioning of Dwyer. The cross-examination begin around 2:45 p.m.

The fired trooper's attorney, Daniel Moynihan highlighted that Proctor was never charged with a crime. 

"Prior to your investigating of Michael Proctor, did you ever investigate another colleague for comments on a private cellphone?" Moynihan asked. Dwyer said he has not.

Moynihan also presented several statements from high level Massachusetts politicians about his future with the department, attempting to show that State Police leaders were facing pressure to fire him.

Michael Proctor opening statements

The hearing began with 15-minute opening statements from each side on Tuesday.

Carley began his opening statement by using Proctor's own words that he has used to describe his conduct.

"Distasteful. Unprofessional. Inappropriate. In poor taste. Juvenile. Sexist. Disgusting. Dehumanizing. This selection of words does not come from a public comment section on a website, an op-ed columnist, or a protester outside the Norfolk County courthouse. These words are Michael Proctor's accounting of his own conduct in this case," Carley said.

Moynihan described Proctor as an "exemplary employee of Massachusetts State Police" during his opening statement.

Proctor's text messages were discovered by federal investigators who were looking into how police handled Read's case. The messages were sent on Proctor's personal cellphone to friends and family.

Moynihan described the case as a violation of Proctor's privacy by federal investigators who "infiltrated" his phone. Proctor's attorney called it a "witch hunt."

"You'll hear that this termination was not based on actual facts and evidence. Instead it was a decision made to appease politicians and to appease some vocal members of the public and media," Moynihan said.

When the commission reaches a decision, it will be posted online.

Why was Michael Proctor fired?

The last time Proctor was seen in public before Tuesday he was heckled outside of Norfolk Superior Court in Dedham earlier this month as he entered to testify in the Myles King murder case. Proctor was also the lead investigator in that case.

Proctor, a veteran state trooper, was fired from the Massachusetts State Police in March in part due to crude text messages he sent about Read that surfaced during her first trial. Proctor wrote in one message, "Hopefully she kills herself."

The decision to fire Proctor came following a Massachusetts State Police trial board hearing over the course of several days. The board concluded that Proctor "sent derogatory, defamatory, disparaging, and/or otherwise inappropriate text message about a suspect in that investigation to other individuals."

The board also found that Proctor drank alcohol before driving his police cruiser while on duty.

Read was accused of hitting and killing her boyfriend, Boston police officer John O'Keefe, with her SUV after a night of heavy drinking in January 2022. Her first trial in 2024 ended with a mistrial due to a hung jury.

In June, a jury acquitted Read of the most serious charges. She was found guilty only of operating under the influence and was sentenced to one year of probation.