UPDATE: Case Dismissed

Summary

Spotlight: Snitch City - Episode Summary: UPDATE: Case Dismissed

Introduction

In the gripping episode titled "UPDATE: Case Dismissed" of Spotlight: Snitch City, investigative reporter Dugan Arnett and co-host Andrew Ryan delve into the tumultuous legal saga surrounding Stephen Ortiz. This episode, released on May 6, 2025, provides an in-depth look at the culmination of nearly eight years of courtroom battles, culminating in the dismissal of Ortiz's case. The narrative unpacks the intricate web of police misconduct, the misuse of informants, and the broader implications for the New Bedford Police Department.

Background of the Ortiz Case

The Ortiz case originated from a significant 2017 police operation known as Operation High Stakes, targeting a purported heroin trafficking ring. Stephen Ortiz, identified by his shaved head and glasses, was arrested alongside his fiancée, Carly Medeiros. The arrest involved Jared Lucas, a New Bedford police officer who was secretly involved with Medeiros.

• Key Characters:
  • Stephen Ortiz: Defendant accused of running a heroin trafficking ring.
  • Carly Medeiros: Ortiz's fiancée and alleged police informant.
  • Jared Lucas: New Bedford police officer and Medeiros's secret lover.
  • Rosemary Scapiccio: Ortiz's attorney, a prominent figure in Boston legal circles.
  • Patrick Driscoll: Prosecutor responsible for pursuing the case.

Courtroom Proceedings and Case Dismissal

The episode centers around a pivotal hearing outside courtroom seven in Fall River, where Arnett and Ryan attend the latest developments in Ortiz's case.

• Courtroom Dynamics:
  • Dugan Arnett (00:00): Opens the episode with a disclaimer regarding the episode's mature content.
  • Andrew Ryan (00:06): Sets the scene outside the courthouse.
  • Rosemary Scapiccio (02:23): Expresses frustration over absent police officers summoned as witnesses.

As hearings have been ongoing for nearly eight years with little progress, today's session holds significant weight. The defense, led by Scapiccio, pushes for the dismissal of the case, arguing that police misconduct has irreparably tainted the proceedings.

• Key Moments:
  • Patrick Driscoll (05:22): Announces the dismissal, stating, "I cannot in good faith go forward..." (05:44).
  • Dugan Arnett (06:14): Highlights the prosecutor's concession, effectively ending the case.
  • Rosemary Scapiccio (07:02): Accuses Officer Kevin Barbosa of perjury, aiming to expose broader police misconduct.

Implications of the Dismissal

The dismissal signifies more than just the end of Ortiz's prosecution; it underscores systemic issues within the New Bedford Police Department's use of confidential informants (CIs).

• Impact on Law Enforcement:

  • The case highlights how informants like Medeiros were exploited, with Lucas allegedly using her for both personal and investigative gains.
  • Scapiccio (07:18): Emphasizes the need for accountability, stating, "What happens to all of the pending cases?"

• Prosecutorial Challenges:

  • Prosecutor Driscoll's decision reflects the difficulty in pursuing cases tainted by potential perjury and misconduct.
  • The dismissal prevents the revelation of critical testimonies from the eight subpoenaed officers, including Police Chief Paul Oliveira.

Aftermath and Ongoing Questions

Post-dismissal, Arnett and Ryan attempt to engage with Prosecutor Driscoll to gain further insights but face resistance, highlighting a lack of transparency in prosecutorial decisions.

• Attempts at Accountability:
  • Andrew Ryan (10:32): Seeks comments from Driscoll but is rebuffed, raising concerns about accountability within the DA's office.
  • Rosemary Scapiccio (13:38): Calls for a comprehensive investigation into all cases handled by the implicated officers, advocating for systemic reform.

Carly Medeiros's Perspective

Carly Medeiros, Ortiz's fiancée, provides a personal account of the ordeal, expressing relief at the case's dismissal while shedding light on her exploitation.

• Personal Testimony:
  • Carly Medeiros (12:18): Shares her relief, saying, "I'm so relieved and I'm so grateful."
  • Rosemary Scapiccio (12:58): Criticizes the police for using Medeiros, a vulnerable individual, stating, "Taking advantage of a young drug-addicted woman."

Conclusion and Broader Implications

The dismissal of the Ortiz case serves as a stark reminder of the challenges in addressing police misconduct and the misuse of informants. Despite the closure for Ortiz and his co-defendants, the underlying issues within the New Bedford Police Department remain unresolved, posing significant questions about accountability and justice.

• Final Reflections:
  • Dugan Arnett (17:25): Critiques the system's failure to hold perpetrators accountable, noting, "What do we really have to show for it?"
  • The episode concludes with unresolved tensions, emphasizing the ongoing struggle to expose and rectify institutional abuses.

Notable Quotes

• Dugan Arnett (05:09): "With prejudice is important. It means the case can never be brought to court again."
• Patrick Driscoll (05:44): "Their involvement in the case has tainted the case, that they can't be cut out, and it taints the entire investigation."
• Rosemary Scapiccio (07:18): "Professor like you can prove at least Officer Kevin Barbosa perjured himself in this very courtroom."
• Carly Medeiros (12:18): "I'm so relieved and I'm so grateful. I'm grateful for you sticking by us and believing in me."
• Rosemary Scapiccio (14:30): "If the informant in that case was really an informant, or if this was all based on his sleeping with Kali, we need to investigate."

Final Thoughts

"UPDATE: Case Dismissed" effectively captures the complexities and frustrations inherent in prosecuting cases marred by police misconduct. Through meticulous reporting and interviews, Spotlight: Snitch City sheds light on the precarious position of informants and the broader implications for justice and accountability within law enforcement agencies.

Transcript

[Dugan Arnett]

Before we begin, this episode may not be appropriate for younger audiences.

[Andrew Ryan]

So we're on the fifth floor of a courthouse in Fall River. We're looking out at the Taunton river, which is pretty gray today.

[Dugan Arnett]

It's only been a month since we started publishing Snitch City, and already my colleague Andrew Ryan and I are back in court just outside courtroom seven. It's almost 9:00. Here for a hearing in the Steven Ortiz case. You heard about Stephen Ortiz in the last episode. Back in 2017, he was arrested in an epic bust. His fiance, Carly Medeiros, was there that night, too. And one of the cops who was part of the arrest was her secret lover, a New Bedford police officer, Jared Lucas.

[Carly Medeiros]

All of a sudden, when I turn my head, I see Jared. I was like, what is he doing here?

[Rosemary Scapiccio]

Like.

[Dugan Arnett]

The bust was the result of a year long investigation involving numerous local, state, and federal agencies. It was a massive effort, so big, police gave it an official title, Operation High Stakes. And at the center of it all was Ortiz, who police said ran a sprawling heroin trafficking ring.

[Andrew Ryan]

Which one is Ortiz?

[Dugan Arnett]

Shaved head, glasses.

[Andrew Ryan]

So the gentleman in the gray suit?

[Rosemary Scapiccio]

Yeah, yeah, yeah.

[Dugan Arnett]

This case has gone on for nearly eight years, and I've been following it closely for several of them. Conservative estimate is probably about the 20th hearing I've been to as part of this case since 2021. At most of these hearings, not much happens, but Carly told me that today might be different. She and Stephen Ortiz have had their ups and downs, but they're together again. She's been told to stay close by. But out of court today, there's several New Bedford police officers. Detectives have been subpoenaed and are expected to show up. I've also heard that Paul Oliveira, the current police chief, has also been subpoenaed and is expected to be here.

[Andrew Ryan]

So we'll see what happens.

[Dugan Arnett]

Yeah. Ortiz and his co defendants are clustered in the hallway outside the courtroom. There they're waiting for the proceeding to begin. Lawyers hustle in and out, including Ortiz's attorney, Rosemary Scapiccio.

[Rosemary Scapiccio]

I have another hearing on another homicide right after this. Okay, so I won't be right out.

[Dugan Arnett]

We'll wait. Scapiccio took on Ortiz's case two years ago after he called her office over and over. She's a big deal in Boston legal circles. She did not seem happy that the officers she'd subpoenaed are not here.

[Andrew Ryan]

Yeah, I think I heard her say that she'd subpoenaed eight officers and none of them were here yet.

[Dugan Arnett]

That's right. That's right. And some sarcastic language was asking where they might be hiding, so. And now, discreetly, she's giving us a heads up. You're not going to want to miss this, she says. Scapiccio walks over to her client. He and his three co defendants start to smile. I wonder if they're gonna dismiss me.

[Andrew Ryan]

I wonder if they're gonna kill the case.

[Dugan Arnett]

This story, this case is what first led me to New Bedford. And what I discovered was that Operation High Stakes wasn't the heroic feat of detective work that police hailed it as. The case was tainted from the start. You see, Carly figured out the that the cop, Jared Lucas, used her not just for sex, but for information. Information that made its way from the bedroom to the courtroom. And in police reports and official documents. Lucas said the intel came not from his lover, but from a confidential informant. More than two years after I broke this story, one drug trafficking case has already been tossed. Now an even bigger case hangs in the balance. And it could all lead to a reckoning for New Bedford police and the way that they use confidential informants. I'm Dugan Arnett and this is snitch city. Episode 6 case dismissed.

[Andrew Ryan]

All right, the defendants are coming into the courtroom. Still does not appear that there's any police detectives or anybody from the New Bedford Police Department that we've seen.

[Dugan Arnett]

No me either.

[Rosemary Scapiccio]

Court succession.

[Dugan Arnett]

Please be seated. Judge Renee Dupuis walks in.

[Rosemary Scapiccio]

Good morning. This is the first call of the list for Friday, April 11, 2025.

[Dugan Arnett]

The Honorable Renee Dupuy presiding. The first order of business this morning is the Ortiz case. And Scapiccio wants it thrown out.

[Rosemary Scapiccio]

Judge, I would just ask that the case be dismissed with prejudice.

[Dugan Arnett]

With prejudice is important. It means the case can never be brought to court again.

[Rosemary Scapiccio]

The 2017 case, the Combell's agreeing that there was egregious police misconduct in this case. And this has been a long, winding road, as we all know. And I don't think the Commonwealth objects to a dismissal with prejudice.

[Patrick Driscoll]

I don't object to a dismissal with prejudice.

[Dugan Arnett]

I would. For eight years, prosecutors have pursued this case in court filings and intense courtroom hearings. And they've been unwilling to fold, even as the list of problems in the case kept growing. Now, though, prosecutor Patrick Driscoll tells the judge he's reviewed the case and the evidence.

[Patrick Driscoll]

And after that review, it is my determination that I cannot in good faith go forward and suggest that the government could cut out Carly Medeiros involvement and Jared Lucas's involvement in the case and that the case would stand on its own merits without them. Rather, their involvement in the case has tainted the case, that they can't be cut out, and it taints the entire investigation. And therefore, dismissal is an appropriate remedy.

[Dugan Arnett]

And just like that, the prosecutor throws in the towel.

[Patrick Driscoll]

The court also found that Carly Medeiros was not a credible witness, had many reasons to lie.

[Rosemary Scapiccio]

Wait a minute, Judge. I'm not going to agree to any of this.

[Dugan Arnett]

But even as Driscoll agrees to dismiss the case, to give in, he's still disparaging Carly. And Scapiccio isn't having it.

[Rosemary Scapiccio]

This isn't what we agreed to. Okay, well, in terms of making credibility determination, let's call the witnesses that. Okay, let's just call all the witnesses. I subpoenaed eight police officers. Let's do it. All right.

[Dugan Arnett]

Carly's always maintained that Detective Jared Lucas wasn't the only New Bedford police officer who broke the rules. She swears other cops knew about her relationship with Lucas and helped keep it secret. Now, Scapito is telling the judge that she can prove at least one police officer, Kevin Barbosa, perjured himself in this very courtroom.

[Rosemary Scapiccio]

But we were prepared to call Carly Medeiros as a witness. We were prepared to rehabilitate her. We were prepared to show that would be a long including. Barbossa lied and committed perjury under oath, and the commw knows it. So for them to stand here now and say she was not credible, I think is just in general.

[Dugan Arnett]

Driscoll, the prosecutor, doesn't want to open that door, but he resents her suggestion that the state was aware of any perjury.

[Patrick Driscoll]

So I'm not going to stand here and be accused of trying to cover something up when I am quoting a court decision.

[Rosemary Scapiccio]

Okay, let's take it down a notch. You may proceed, and I'll give you whatever time you need. Okay.

[Dugan Arnett]

Scapiccio has already gotten the case tossed, but she wants more. She wants the court to hear from the eight officers that were subpoenaed.

[Rosemary Scapiccio]

And I know at least Officer Barboza testified in front of you when he said he hadn't had any contact with Kali Medeiros. And we were here ready to prove that that was a lie, that he perjured himself in front of you. And you base your decision on a purge on his purge of testimony, Judge. So I understand perjury is a crime.

[Dugan Arnett]

For anyone, but it's especially bad for a police officer because it can tarnish their credibility in other cases. We reached out to the Police department and to Kevin Barbosa directly for his response to Scapiccio's perjury claim. We didn't hear back.

[Rosemary Scapiccio]

I just wanted to make our position clear. Kali Medeiros was ready to testify. I subpoenaed eight police officers to prove what we think was a pattern of misconduct by the police department. In this case, using drug addicted women for their disposal. I don't agree that this was.

[Dugan Arnett]

But the judge isn't swayed. She's ready to move on.

[Rosemary Scapiccio]

I do appreciate that the Commonwealth took the opportunity to evaluate this case. As we all know, I'm very familiar with it, and I think that this is the appropriate end. I'm going to allow it. Okay, thank you. Thank you.

[Dugan Arnett]

Case dismissed. Charges dropped. After eight long years, Ortiz and his co defendants are off the hook. But there's a downside. The dismissal means there won't be a hearing and those eight officers won't have to take the stand or face hard questions. One of those officers would have caused quite a stir. New Bedford Police Chief Paul Oliveira. I thought this might finally be the moment. The chance to hear from the former drug cop who allegedly misused CIs and then went on to run the department instead. The court and most importantly, the public will never know the truth. The police won't have to explain themselves. And defense attorneys will tell you this is an example of how police and prosecutors can bury things that are uncomfortable. There's no incentive to turn over more rocks or dig deeper here. Prosecutors had a decision to make. If they drop the case, they take a loss but limit the fallout and stop the bleeding. If they pursue the charges, officers could perjure themselves or worse, expose wrongdoing that could cast doubt on other cases. Then the dominoes could really fall. The case is dismissed, but Andrew and I still have questions.

[Andrew Ryan]

I want to get the ada.

[Dugan Arnett]

We follow prosecutor Patrick Driscoll out the door. He's hustling, walking quickly with a woman who handles press for the Bristol DA's office. Can we ask you a couple things about what you said?

[Rosemary Scapiccio]

Why not?

[Dugan Arnett]

I just need you from here.

[Andrew Ryan]

Can we. We just. Are you enabling this?

[Dugan Arnett]

Are you enabling this system?

[Rosemary Scapiccio]

If you want to make inquiry, you can email the DA's office and someone will get back to you.

[Andrew Ryan]

No, we have, they haven't. We actually specifically requested an interview.

[Rosemary Scapiccio]

Again. If you want to email at the DA's office and we'll make it back.

[Andrew Ryan]

Can you tell us, are you going.

[Dugan Arnett]

To do a broader.

[Rosemary Scapiccio]

If you want to email the DA's office, someone will get back To.

[Andrew Ryan]

You got nothing to say?

[Dugan Arnett]

We want to hear from Driscoll because it's prosecutors who could push for real accountability. They actually have some power to check the police. Prosecutors like Driscoll could be key to stopping misconduct by demanding more from cops. But in this case, they chose to punt instead. And Driscoll head had zero interest in talking to us.

[Andrew Ryan]

Can I at least get a reaction to our reporting?

[Rosemary Scapiccio]

If you want to email the DA's office, someone will get back to you.

[Andrew Ryan]

Anytime you want to talk about this. We'd love to. We'd love to hear the DA's perspective because we're. I think it's an important one because you guys are the most powerful actors in this whole system.

[Dugan Arnett]

Andrew and I take the elevator back upstairs and find a quiet place to debrief. As we're sitting there, my phone rings. It's Carly. Hey, Carly. How's it going? So you heard? You heard what happened?

[Carly Medeiros]

Yeah, of course.

[Dugan Arnett]

We wanted to interview Carly's fiance about his newfound freedom, but he slipped out of the courthouse before we could catch him. He was on his way to celebrate. What's going through your head right now? What's going through Steven's head?

[Carly Medeiros]

I'm fucking relieved again. Like eight. Eight. Longer than eight years. Because you gotta understand, this started longer than eight years ago. And I'm just. I'm so relieved and I'm so grateful. I'm grateful for you. I'm grateful for you sticking by us and believe in me. And I'm just. Honestly, it doesn't even feel real right now. Stuff happens.

[Rosemary Scapiccio]

People make.

[Carly Medeiros]

I'm not proud of what happened. I'm not proud of the mistakes that I made. But you can fix it and correct it by doing the right thing and coming forward.

[Dugan Arnett]

Carly doesn't really talk about herself as a victim. But Ortiz's lawyer, Rosemary Scapiccio, doesn't mince words.

[Rosemary Scapiccio]

Kali Medeiros was a drug addict. In her affidavit, she said, every single solitary time I met him, we had sex. That's not a mutually beneficial relationship. That's a cop whose job was to protect and serve. Taking advantage of a young drug addicted woman.

[Dugan Arnett]

And she's PTO's blunt and fierce, especially when she suspects police wrongdoing. Her work has led to several convictions being overturned, which makes her somewhat of a local legend.

[Andrew Ryan]

Is there any way we'd go back in the corner to try to cut the wind a little bit?

[Dugan Arnett]

We caught up with her outside of the courthouse. Obviously, Scapiccio's pleased with what Just happened.

[Rosemary Scapiccio]

Well, I mean, I think it was the appropriate thing to do. What got me angry was that the Commonwealth is taking the position that the dismissal was because Carly Medeiros was lying. And I don't think that's the reason for the dismissal at all. I think it was because the police officers were lying, and they knew that we were going to expose their lies. Judge Dupuis made a determination that Kali was not credible. She based that on Barboza's testimony that he had never been in touch with Kali outside of this one controlled by. And that's just not true. And we were ready, willing, and able to prove that today with not only Kali's testimony, but documents and putting Bob Boser on the stand. And, you know, ultimately, the Commonwealth said enough is enough, and they dismissed it. So we didn't get the opportunity to do that.

[Dugan Arnett]

And you would argue, I think, that this case getting thrown out is a good thing.

[Rosemary Scapiccio]

Yes.

[Dugan Arnett]

Because of the misconduct.

[Rosemary Scapiccio]

Misconduct? Not just misconduct. Egregious misconduct. What I think should happen anytime that a police officer gets found to have engaged in misconduct, which should be happening with this district attorney's office, is they should be going back through every single solitary case that that cop put his hands on and determine whether or not he lied in that case, too. If the informant in that case was really an informant, or if this was all based on his sleeping with Kali.

[Andrew Ryan]

Medeiros, I assume that the District Attorney's office is going to investigate that now, right?

[Rosemary Scapiccio]

I wouldn't assume that if my life depended on it. I think they should, ethically. They told us they couldn't go forward on this because of the egregious misconduct, but nobody has notified me that there's a single investigation or that they need anything that we've uncovered in this case. They have a vested interest in not exposing these police officers because all of their drug cases, in their gang cases depend on it. If these cops are lying, then what happens to all of the pending cases? What happens to the cases that they already testified in? You gotta ask yourself that question. The Commonwealth agreed in this case that it was egregious with Congress. So what are you gonna do about it? I'm thrilled that they're dismissing the case. It was the right result. But here's the problem. What are you gonna do? Cause Commonwealth of Massachusetts, what are you going to do? The police department? What are you going to do? The Attorney general's office? What are you going to do? The federal government, who's going to look into this? Because we don't have the power to do it. Our power was what was going to happen today. And they quashed that by dismissing the case.

[Dugan Arnett]

In the last few months, we've reached out to every public official we could think of. New Bedford's police chief and mayor, members of the city council, The Bristol County DA's office, even the FBI. The most we've gotten back is a short statement, and some have ignored us altogether. Scopicio underlines the vulnerability of informants, especially women like Carly. And I've talked to others in my reporting for this series who have stories similar to Carly's. Some we weren't able to include.

[Rosemary Scapiccio]

And, you know, in my. I've been doing this now 35 years. You know, there is a difference between, in my mind, between a drug addicted woman and a drug addicted man. A drug addicted woman, in my opinion, is much more vulnerable. They're much more inclined to sell their body to get high, and people are much more inclined to take advantage of them. The police are supposed to protect them. Not just because you're claiming she was an informant, that she never was, but she's a human being who lives in this community and she has a drug problem. And instead of protecting her, you were using her for sex. And this poor woman describes the relationship as, you know, he was in love with me. She believed this guy was in love with her because that's how screwed up her mind was. But. But when do we look at the whole picture and say, there's something really wrong here? There's something that we need to do to investigate this, to make sure that no other defendant is either charged or has been convicted based on. On the conduct of either the drug unit or the gang unit in this case.

[Dugan Arnett]

So I think I asked you this earlier, but are part of you a little disappointed you weren't able to sort of do your thing?

[Rosemary Scapiccio]

We would have kicked their ass.

[Dugan Arnett]

In a way, the dismissal of Ortiz's case should be a relief. The system worked like it was supposed to. Tainted evidence came to light. Prosecutors and defense attorneys sparred, and in the end, a problematic case was dismissed. But still, it's hard not to look at the case and wonder. After eight years, more than 30 hearings, and countless taxpayer dollars, what do we really have to show for it? To date, not a single person has been held to account for the disaster that was the Commonwealth of Massachusetts vs Stephen Ortiz. Not the individuals at the heart of the alleged heroin trafficking ring. Not the detective whose transgressions torpedoed the case.

[Rosemary Scapiccio]

He.

[Dugan Arnett]

He's retired now, by the way. Collecting a healthy pension. And certainly not the DA's office, which would rather dismiss a compromised case than confront the abuse in a system it so deeply relies on. Meanwhile, every day, judges keep signing search warrants, cops keep kicking down doors, and prosecutors keep bringing charges. In Snitch City, the beat goes on. This episode of Snitch City was reported and hosted by me, Dugan Arnett, additional reporting and producing by Andrew Ryan. This episode was produced and sound designed by Jasmine Aguilera. Executive producers are Spotlight editor Brendan McCarthy and Kristen Nelson, the Globe's head of audio. Additional editing and support from Gordon Russell engineering by Uzair Ahmed episode artwork by Julian D. Paulson art direction by Ryan Huddle Podcast visualization by Olivia Jarvis and Anoush Elbakian. Heather Cyrus is the audience editor. Tim Rasmussen is visuals editor. Marketing support for this podcast comes from the Podglomera. It.