COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX, SS.

____________COURT
DOCKET NO. ___________
COMMONWEALTH
v.

________________________________________________________________________
COMMONWEALTH’S NOTICE
REGARDING A POTENTIAL COMMONWEALTH WITNESS
________________________________________________________________________
Now comes the Commonwealth and, in light of Mass. R. Crim. P. 14 and case
law, hereby notifies the defendant that one of the potential witnesses in this case, Lowell
Police Officer David Pender, was the subject of an internal affairs investigation which
concluded that he used unnecessary force against a 16-year-old boy in an incident on
September 15, 2016. Officer Pender received a six-month unpaid suspension, retroactive
to his placement on administrative leave on November 11, 2016, and was also ordered to
complete anger-management training, forfeit his position as a school resource officer and,
upon returning to duty, serve a two-year probation during which any misconduct will
automatically place him on unpaid suspension. The two-year period of probation was
reduced to one year.
Respectfully Submitted
For the Commonwealth
MARIAN T. RYAN
DISTRICT ATTORNEY
________________________________
Assistant District Attorney
Date: