Once a potential Cape and Islands assistant DA, she now faces assault charges

Rachael Devaney

Cape Cod Times

Published Dec.23, 2022 

CENTERVILLE — Kathleen Flannery, 33, an assistant district attorney for the Plymouth County District Attorney's Office, was charged late last month with one count of assault and battery on a household member, and two counts of assault and battery on a police officer.

At about 8:59 p.m. on Nov. 27, officers responded to reports of a verbal domestic dispute, allegedly involving Flannery of Centerville, according to a Barnstable Police Department complaint, which was issued Dec. 5.

The reported caller, according to the complaint, was another person in the home at the time of the alleged assault.

In the police report, Flannery is accused of assaulting a person in her home, as well as Patrol Officer Travis Brown and Patrol Officer Thomas Corbett. Probable cause was found for assault and battery charges, and Flannery was arrested on Nov. 28. Flannery was ordered to have no contact with the person she allegedly assaulted, until her arraignment on Jan. 17. She was released on personal recognizance, according to the complaint.

Flannery considered for position in Galibois' administration

Flannery was an assistant district attorney for Plymouth County District Attorney's Office at the time of her arrest, and Cape and Islands District Attorney-elect Robert Galibois said Flannery was interested in a position within his office, once he is sworn in on Jan. 4.

"We were engaged in conversations towards that goal," Galibois said during a Tuesday phone interview.

While Galibois praised Flannery's work during her time as a prosecutor in Plymouth County, any personnel negotiations with Flannery have ceased since assault allegations were made against her in November.

Like many folks, it appears that she struggles with personal issues, Galibois said. I further understand that she has begun to address them.

"I wish her the very best in those efforts, but she will not be part of our administration when we take office," Galibois said.

Michaela McCuish, Flannery's attorney, said Flannery has dedicated her life to the law and has never been arrested before.

"She has never had so much as a speeding ticket before," she said.

Events surrounding Flannery's arrest 'fueled by alcohol'

McCuish, of the Law Offices of Mihaela D. McCuish in Cotuit, said the events surrounding Flannery's arrest were fueled by alcohol. Since her arrest, McCuish said Flannery has entered treatment for alcohol abuse.

"It was a horrible night on all accounts fueled by alcohol," said McCuish. "Alcohol abuse disorder doesn’t discriminate no matter what you choose for a career but Kat is working hard at sobriety and recovery."

McCuish, who Flannery asked to speak on her behalf, said the incident is a catalyst for change for Flannery.

According to Beth Stone, director of communications at the Plymouth County District Attorney's Office, Flannery is not currently prosecuting cases in Plymouth County. While Stone wouldn't reveal Flannery's current status, she said in an email that Flannery won't be reappointed as an assistant district attorney in Plymouth County once District Attorney Timothy Cruz begins his new term in January.

Flannery's case moved from Barnstable to New Bedford court

According to the Commonwealth of Massachusetts' District Court Department, an order of transfer was issued by Shelby Smith, a regional administrative justice, on Dec. 1, and Flannery's case was moved to New Bedford District Court in Bristol County.

While the order of transfer states the move is based on a potential conflict of interest, Barnstable District Court and Barnstable Superior Court clerks declined to answer questions from the Times regarding the reasons for the move.

Tara Miltimore, assistant district attorney for the Cape and Islands District Attorney's Office, did not return emails from the Times regarding the conflict of interest and case transfer.

Flannery tased by Barnstable police officers during arrest

When officers were dispatched to Flannery's Centerville home, she was found in an upstairs bedroom packing belongings.

When officers approached Flannery, she stated she was leaving to stay at her mother's home in Sandwich. According to Brown, Flannery appeared to be intoxicated, and officers said she was not fit to drive. After Flannery agreed to contact a family member for a ride, Brown was confident officers reached an agreement with Flannery, and they exited the home.

After a short period of time, Brown went back inside the home to check on Flannery and states in the report that Flannery would no longer leave the residence. She announced that she was claiming "residency" rights at the home, and refused to leave. Flannery then began calling different police stations requesting different officers be dispatched to the scene, said Brown.

It was at this time that the alleged victim, who was speaking to officers outside the residence, said she was assaulted by Flannery earlier in the evening. She told officers Flannery pushed her in the chest, causing her to hit a wall, said Brown in his report.

She also showed police officers a video showing Flannery breaking a glass on the floor, and falling on the ground as if the alleged victim had pushed her, although she was several feet away from Flannery. The alleged victim did not display any visible injuries, according to the police report.

As officers approached Flannery again, they asked her to get off the phone, enter the hallway, and put her hands behind her back. Flannery told officers, according to Corbett, that she couldn't be arrested because she would be working with the Barnstable Police Department as an assistant district attorney with the Cape and Islands District Attorney's Office.

As Flannery continued to resist, officers attempted to grab her wrists, and she began thrashing back and forth, pushing Corbett and Brown up against the wall, according to the complaint. Her behavior, said Brown, made it impossible to handcuff her, and she continued to struggle as she was guided to the floor. Eventually, officers were able to handcuff her behind her back.

As she was escorted to her feet, and to a police vehicle, she continued to pull away from officers, drag her feet, and kick and thrash her body, according to the police report. As several attempts were made to sit Flannery inside the police cruiser, both officers warned Flannery, according to Brown, that she would be tasered if she didn't settle down. Corbett, in the report, states that Flannery continued to resist, which caused him to taser her right thigh.

Flannery will be arraigned at New Bedford District Court Jan. 17.