Trial opens with jury selection and opposing narratives

Jury selection began Monday morning in the federal extortion trial of Suffolk County Sheriff Steven Tompkins at the John Joseph Moakley Courthouse in Boston. Judge Myong J. Joun addressed potential jurors, emphasizing impartiality. Several were dismissed for stated favorable biases toward law enforcement or prior beliefs, and the judge added a question about cannabis views after one juror disclosed strong opinions.

Tompkins, 68, was indicted about a year ago on two counts of extortion under color of official right and extortion through economic fear. He pleaded not guilty at his arraignment. The trial is expected to last two weeks.

The allegations

Prosecutors allege that Tompkins used his position as sheriff to pressure an executive at Ascend, a cannabis company, into selling him $50,000 worth of pre-IPO stock. According to court documents, Tompkins signed off on a partnership between the sheriff's department and Ascend in 2019, which helped the company meet a positive impact plan requirement for licensing from the state's Cannabis Control Commission. The partnership involved employing released offenders as part of a re-entry program.

In 2020, prosecutors say, Tompkins began asking Ascend executive Francis Perullo to sell him stock before the company went public. After Perullo initially rebuffed him, Tompkins reminded the executive that the company needed to continue the program with the sheriff's department to maintain its license. Perullo eventually sold the stock over fears of jeopardizing the company, according to prosecutors.

In November 2020, Tompkins wired $50,000 to purchase stock at around $1.73 per share. After a reverse stock split, he held about 14,417 shares at approximately $3.46 per share. When the IPO launched in 2021, the stock was valued at around $9.60 per share. By May 2022, the value had dropped, and Tompkins demanded a refund. The refund was paid in five checks between May 2022 and July 2023, with memos listed as "loan repayment" or "[company] expense," according to prosecutors.

Defense response

Defense attorney Martin Weinberg countered that the stock purchase was "a business transaction, at full market value, with a longtime friend that had nothing to do with Mr. Tompkins's official position." Weinberg plans to argue that no evidence shows Perullo feared economic loss, writing that "mere subjective belief" does not amount to extortion. Tompkins, Weinberg noted, "never believed" his requests were wrongful or in violation of the law.

Weinberg has also challenged the prosecution's reliance on Perullo's testimony, describing it as uncorroborated and given under a promise of immunity. He pointed to the friendly relationship between Tompkins and Perullo after the alleged extortion.

Opening statements and first witness

On Tuesday, jurors heard opening statements. Federal prosecutor Dustin Chao told the jury, "It's what abuse of power looks like behind closed doors at the highest levels of state government," arguing that Tompkins "had the power to have Frank Perullo sell him stock" and "the power to get that money back." Chao also requested that the jury "pay particular care" to Perullo's testimony due to the immunity agreement.

Weinberg responded: "Sheriff Tompkins was powerless to harm Ascend," dismissing the government's theory that the company was scared of him. He argued that Ascend was not dependent on Tompkins, did not hire former inmates, and used other programs, such as donations to the Last Prisoner Project, to satisfy requirements.

The prosecution's first witness, Abner Kurtin, had his testimony cut off by an objection from Weinberg. Both sides referenced the expected testimony of Andrea Cabral, Ascend's president and a friend of Tompkins.

Background and status

Tompkins has led the Suffolk County Sheriff's Department since 2013. He agreed to "step away" from his position while the case is in federal court, with Assistant Superintendent Mark Lawhorne serving as special sheriff. Tompkins was released on his own recognizance and faces up to 20 years in prison for each count. His term as sheriff expires in 2029.

Tompkins' motion to dismiss the charges, which cited a 2024 Supreme Court ruling on gratuities, was rejected. He is scheduled to return to court at 9 a.m. Wednesday for the trial to continue.