Suffolk County District Attorney Kevin Hayden paid a $5,000 civil fine for violating conflict of interest laws during the 2022 Democratic primary election, according to the State Ethics Commission.
The violation concerns the Democratic primary for the Suffolk County District Attorney race, which Hayden won over then-Boston city councilor Ricardo Arroyo. In August 2022, during the height of the race, a newspaper article resurfaced allegations against Arroyo in a 2005 sexual assault investigation. It set off a firestorm of criticism and prompted court action as Arroyo sued for the documents that he said would prove the allegations were unfounded.
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Just days before the primary, on Sept. 2, 2022, Hayden's office issued a statement that his office had reviewed the files in the case, and that “nothing in the file suggests the allegations were unfounded,” and that “the campaign to sabotage the victim’s credibility is shameful.”
That statement is what concerned the Ethics Commission, which said that Hayden knew his staff intended to release that statement and took no action to stop it. He also made no effort to withdraw the statement after the fact.
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"By these failures to act, Hayden knowingly or with reason to know used his official position as Suffolk District Attorney to secure for himself the unwarranted privilege of using valuable public resources for his own personal political advantage and violated the conflict of interest law," the Commission said in a media release.
Hayden went on to win the primary and the overall election for his position. He has paid the fine and signed an agreement admitting to the violation, and waiving his right to a hearing.
A spokesperson for the Suffolk County District Attorney's Office released a statement on the situation Thursday.
"The statement in question was written and released by me with no participation or coordination from the DA," wrote spokesperson James Borghesani. "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.”
Correction (Tuesday, April 25, 2024 7:30 p.m. ET) An earlier version of this story incorrectly identified the candidate who lost to Hayden as Felix Arroyo. The story above has been updated to reflect that the candidate was Ricardo Arroyo.
