Hopkinton Deputy Police Chief Scott van Raalten addressed accusations made against the department regarding Petros “Peter” Sismanis, the disgraced former owner of Hillers Pizza, in a three-page statement Friday.

The HPD letter, dated Nov. 7, was addressed to Town Manager Elaine Lazarus and the Select Board. It was prompted by statements made during the Nov. 4 Select Board meeting’s public comment period from residents of Hopkinton and nearby towns claiming that the HPD withheld information regarding Sismanis’ history of sexual assault. Several of these comments were included in a recent NBC 10 news report that questioned how a convicted sex offender could continue to receive renewal of a common victualer (CV) license despite knowledge of that history.

Receipt of this letter comes on the same day of an announcement that a protest will be held near Town Hall on Saturday to address what protesters have perceived as a lack of accountability from the Select Board and the HPD regarding review of restaurant owners’ backgrounds when issuing CV licenses. This would include Criminal Offender Record Information (CORI) checks.

In response to this situation, the Select Board has been working on a more rigorous CV license review process over the past month.

Sismanis, a native of Greece, was found guilty in June of indecent assault and battery on a person over 14 years of age and two counts of witness intimidation. He was removed from prison and reportedly is being held in the Donald W. Wyatt Detention Facility in Central Falls, Rhode Island, by federal Immigration and Customs Enforcement (ICE) investigators. The Independent reached out to the facility on Nov. 6 for further information. A website post stated that the facility was not responding to media requests due to the federal government shutdown.

In 1998, Sismanis pleaded guilty to indecent assault and battery of a 19-year-old employee who worked at Jelly Doughnuts, another of his former restaurants in Hopkinton. As a result of that case, he was required to register as a sex offender. Yet he continued to receive CV licenses.

“At the Nov. 4 Select Board meeting, several public comments included claims that the Police Department has intentionally withheld information related to Petros Sismanis,” van Raalten stated in the letter. “These comments contained inaccurate and misleading statements that have circulated for some time, which are addressed herein.”

HPD: Law limits records release

“Massachusetts has a unique records restriction law referred to as The Domestic Violence Act of 2014,” van Raalten stated. “The Jan. 12, 2023, incident involving Mr. Sismanis was properly documented in the Hopkinton Police Department’s internal log as required by the law, specifically Massachusetts General Law Chapter 41, Section 98F.

“The same law mandates that certain incidents — including those involving domestic violence, rape or sexual assault — be withheld from the publicly posted daily log,” he continued. “The law states that these ‘entries shall be kept in a separate log and shall not be a public record, nor shall such entries be disclosed to the public.’ Plainly, this statue advances an important public policy of preserving the privacy of victims of certain events.

“To be clear, the withholding of such records is not discretionary,” the deputy chief stressed. “In fact, a member of a Police Department who violates this law is subject to strict penalties, which may include imprisonment or fines. The Hopkinton Police Department had no choice but to remove the incident from the public log.”

The letter went on to explain that all other police departments in Massachusetts are banned from including such incidents in public logs.

“The law prohibits police departments from releasing any records on these cases or even acknowledging that they exist prior to arraignment,” according to the letter. “After arraignment, trial court rules generally dictate that only the District Attorney’s Office may comment on such a case.”

“At no time did the Hopkinton Police Department conceal or alter information, and absolutely no discretion was used in deciding whether or not to release these records in whole or under redaction.

“Every crime reported to the Hopkinton Police Department is taken seriously from the start and thoroughly investigated, consistent with our policies and procedures. In this matter, following the investigation by our detectives, the case was referred to the Middlesex District Attorney’s Office for prosecution, which resulted in a conviction. Far from a cover-up, this was a lawful, effective investigation, and our investigators should be commended for the work they did in bringing this dangerous felon to justice.”

Van Raalten‘s letter explained that there are “misconceptions about the strict statutory limits on information that police may share about registered sex offenders.” It explains the delineation between levels of sex offenders.

“While any member of the public has a right to know who the Level 2 and 3 Offenders are in the community, the usage of that information is governed by MGL Chap 6 Sec 178N,” he stated. “Violating these laws can result in criminal penalties for the releasing agency or individual. These laws are designed to balance public awareness with constitutional privacy protections.

“The Hopkinton Police Department was legally prohibited from proactively informing community members about Mr. Sismanis’ sex offender status,” he reiterated. “This, once again, is a matter of state law. Police departments have zero discretion in these matters.”

“The Hopkinton Police Department remains committed to transparency and continuous improvement with every citizen interaction and call for service,” he concluded. “Because of the clear misconceptions among some residents regarding the requirements of the Domestic Violence Act of 2014 and Megan’s Law/Sex Offender Registry Board, we are collaborating with town counsel to develop a disclaimer to help residents understand what information can legally be shared in the police log and how to request additional records. This will appear on the Department’s website, at the top of every police log and will also accompany future responses to records requests.

“We deeply regret the false narrative that has emerged regarding the Hopkinton Police Department’s actions, stemming from a small group of residents’ misunderstanding of these complex issues,” stated van Raalten. “My review of the facts show that our officers and employees not only acted appropriately, but that our criminal investigation into Mr. Sismanis directly led to his conviction and his potential deportation from the United States. Certain materials and records simply cannot be released publicly or immediately, despite the desires of some — and despite our own desire for transparency in many cases. This is not a matter of preference but of compliance with Massachusetts State Law, of which we are duty bound.”