Ethics Commission fines Suffolk DA $5,000 over press release about political opponent

Suffolk County District Attorney Kevin Hayden has agreed to pay a $5,000 fine over an ethics violation related to the 2022 Democratic primary election.

The state Ethics Commission said the fine stems from a press release sent from the district attorney's office shortly before the primary, discrediting Hayden's opponent Ricardo Arroyo.

A Boston Globe story published ahead of the primary said that Boston police investigated sexual allegations against Arroyo more than a decade earlier. Arroyo, who was never charged with a crime, said the allegations were "unfounded."

But the press release from Hayden's office said a review of the case file showed that the allegations were not unfounded. The release also said "the campaign to sabotage this victim’s credibility is shameful.”

"Hayden was aware that his DA’s Office staff intended to issue a statement directly contrary to Arroyo’s public claims that the allegations against him were unfounded and challenging his credibility," the Commission said in a statement released Thursday. "Hayden took no action to prevent his staff from doing so and did not withdraw the statement after it was released."

A spokesman for Hayden's office, James Borghesani, said the statement was written and released by him, with "no participation or coordination from the DA."

“Our office’s communications on this matter were above-board, limited and cautious," Borghesani's emailed statement said. "Out of great concern for the alleged victims involved, we responded to voluminous media questions with extreme care and without revealing any case details."

Arroyo sued to get a copy of the investigation file which showed that the Suffolk DA's office had dismissed the case as "unfounded." Arroyo, who was a Boston city councilor at the time of the primary, said he was not aware of the allegations and denied any wrongdoing.

In paying the fine, Hayden admits to the violating conflict of interest laws by using his public office for personal political advantage. Hayden also waived his right to a hearing.