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Judge takes Arroyo request for access to sex assault files under advisement, plans to issue decision Thursday

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During Thursday’s hearing, Arroyo’s attorney, Anthony Ellison, told the judge his client is being “harmed everyday.”

“He can’t pull out the papers that exonerate him,” he said.

Ellison added that voters who are casting ballots in the Suffolk district attorney’s race have a right to know the outcome of the 2005 allegations, as do Arroyo’s Boston constituents.

Arroyo is seeking specific police incident reports and correspondence regarding Arroyo between Boston police and the Suffolk DA’s office in and around 2006.

Attorneys representing the city of Boston are opposing the release of the documents. Jess Megee, an attorney for the city, said disclosure of the records would be inappropriate, saying they were protected by state law.

“If the Legislature wanted to give the accused access to these, they could have put them on the list of people that are properly recipients of these files, and they did not,” said Megee.

The attorney for the woman at the heart of the 2005 case, Leonard H. Kesten, also opposed the release of the documents, saying such a move would trigger a public debate regarding whether his client is lying or not.

“It’ll destroy this young woman,” he said.

What she told police years ago, said Kesten, “was true then, it’s true now, it’ll always be true.”

The judge, Squires-Lee, said she would review the documents in question, adding that her intention was to come to a decision by the end of Thursday, perhaps sometime in the evening.

Outside the courthouse after the hearing, Arroyo told reporters, “Beyond even this race, this is my life, and I think it’s important that people understand the facts of this, because I have to live with these allegations now, because they’re in the public space, for the rest of my life. It’s only fair, I believe, that the conclusions in the investigation are also made public.”

He said illegally leaking documents — which he claims is how the allegations against him were made public in the final weeks of the primary contest — for political gain is a crime.

Earlier on Thursday, in an appearance on a local talk show, Arroyo seemed to fight back tears while telling an interviewer that it’s been difficult responding to the allegations, which he denies.

“I don’t like pain,” Arroyo said, his voice quavering, during a morning appearance on the “Java With Jimmy” program, hosted by James Hills. “For me, I ran to mitigate harm, to prevent pain. And so, to see this much pain, it hurts. It hurts my heart. You know, from the standpoint of people making allegations that I won’t stand up for women who’ve been assaulted or men who’ve been assaulted sexually, that’s completely false.”

Arroyo, 34, who’s locked in an ugly Democratic primary with current Suffolk DA Kevin R. Hayden, himself under scrutiny for his handling of police misconduct allegations, appeared on the talk show three days after a woman who told police Arroyo sexually assaulted her in 2005 when they were high school classmates spoke out in an interview with The Boston Globe.

“It makes me feel sick, sick to my stomach,” the woman said in an interview Monday night, shortly after reaching out to the Globe. “I see so many people continuing to endorse him without finding out more. As the potential DA, women are not going to feel safe calling his office. Their cases won’t get heard. … All those people will be afraid to come forward.”

Her remarks came after Arroyo held a press conference last week to push back against an earlier Globe story that revealed he hadbeen accused of possible sexual assault in 2005 and 2007. Arroyo said he had never assaulted anyone and was never informed of any investigations.

The woman said she stands by everything she alleged to police about Arroyo in 2005: the coerced sex, the mental manipulation, the threats he sent her. She said she didn’t pursue the matter with prosecutors years ago because it appeared to her that officials at John D. O’Bryant School of Mathematics and Science heard her concerns and immediately took action: She didn’t see Arroyo at school for the rest of the school year.

On Thursday, Arroyo became emotional a second time when addressing his absence from school at the time, reiterating previous statements that he left to care for his ailing mother.

“I don’t know if anybody’s ever had somebody they care about in a bad spot, but that was my mother at that time,” Arroyo said, fighting to maintain his composure. “And so I made a determination myself that I would bet on myself. I knew the intelligence I had, I knew who I was as an individual. But my mother needed me in different ways at that point. And so, that was a trauma state for me back then, and still is.”

Boston Police investigated two sets of sexual assault allegations against Arroyo. In the 2007 case, a 16-year-old girl told police she was drinking at a party and believed that Arroyo, then 19, may have raped her. That investigation was closed without criminal charges, and last week, the woman who made the original allegation said Arroyo did not rape her.

“These are serious allegations and, as I said before, they are false,” Arroyo said in a statement Tuesday.

On “Java With Jimmy,” Arroyo said that he was headed to court later in the day in an effort to obtain investigatory files that he maintained would clear him of wrongdoing.

“All the Globe got was a police complaint,” Arroyo said. “They didn’t get any of the investigatory product. They didn’t get any of what the detectives who were assigned to this case said. All of that information is missing. That’s the information I’m going to court to get. And I know that what they found was that these complaints were unfounded.”

After the woman from the 2005 case came forward in her Globe interview, Arroyo, a former public defender, saw his big-name political backing vanish as Boston Mayor Michelle Wu, Senators Elizabeth Warren and Edward J. Markey, and Representative Ayanna Pressley all pulled their support for his candidacy for the DA post.


Danny McDonald can be reached at daniel.mcdonald@globe.com. Follow him on Twitter @Danny__McDonald. Travis Andersen can be reached at travis.andersen@globe.com. Follow him on Twitter @TAGlobe.