Lawrence Mayor Brian A. Depeña appeared in Essex Superior Court on Tuesday to enter a not guilty plea to state charges accusing him of illegally recording city employees and intimidating a witness. The 61-year-old Democrat faces 14 counts of distributing wiretapped communications and one count of witness intimidation, according to court records. He was released on personal recognizance, with a subsequent hearing set for December 9.
The allegations stem from Depeña’s installation of private security cameras inside his office at Lawrence City Hall that recorded both video and audio, prosecutors said. The city’s official security cameras only capture video. State Attorney General Andrea Joy Campbell’s office stated that no public notification was provided about the audio recording feature. One of the cameras reportedly captured a private conversation in a hallway between two municipal employees, at least one of whom was unaware of being recorded. Depeña allegedly distributed the recording to 14 individuals, including local radio hosts, political advisers, staff members, and city councilors, violating state wiretap laws.
Prosecutors also contend that in August, Depeña intimidated a witness connected to the investigation. Following the emergence of these allegations, the Lawrence City Council voted 5-2 in committee to recommend a no-confidence resolution targeting the mayor’s ability to govern while under criminal investigation. The resolution is slated for a vote at the council’s next regular meeting but is largely symbolic since the council cannot remove the mayor from office.
Depeña’s attorney, Neil Faigel, denied that the allegations affect city operations and defended the installation of the cameras as a necessary security measure given the lack of police presence or metal detectors at City Hall. According to Faigel, the mayor did not have access to view footage or audio from the cameras, which were managed by the city’s information technology department. Faigel characterized the cameras as a protective response to ensure public safety amid today’s political environment.
However, a statement of probable cause filed by the attorney general’s office contradicts this account, noting that Depeña personally requested a camera system separate from the building’s existing setup and that a “contentious conversation” between the mayor’s chief of staff, William Castro, and Francisco Ureña, manager of the Lawrence Municipal Airport, was secretly recorded in March. Prosecutors allege Depeña knowingly shared this recording via WhatsApp with multiple recipients who, with at least one recipient’s permission, posted it on social media, exposing it to a wide audience in the community.
Further, the state filing claims that once the investigation commenced, Depeña sought to remove Police Captain Harold Rogers from the sensitive case after a witness reportedly complained about Rogers to the mayor. Depeña allegedly demanded that the city’s police chief reassign Rogers to an administrative position.
In addition to the state charges, Depeña faces a separate federal indictment accusing him of fraudulently obtaining $1.6 million in pandemic relief loans. He pleaded not guilty to those charges in August in U.S. District Court in Boston. His previous federal defense attorney, Carlos A. Apostle, withdrew from the case citing nonpayment, and Faigel has since taken over representation.
Despite the mounting legal challenges, Depeña has stated his intention to remain in office, emphasizing his respect for the judicial process and the presumption of innocence. Outside the courthouse on Tuesday, Depeña declined to comment and left the scene quickly.