ROCKPORT — While offering praise for the Rockport Police Department and its investigation into their father’s drowning off Front Beach in October, the family of one of the two divers who died is critical of the Massachusetts State Police, Essex District Attorney’s Office and the Massachusetts Medical Examiner’s Office.
Brothers-in-law Alan De Oliveira Leao, 75, of Pepperell, and Richard Brady, 78, of Hampton, New Hampshire, were experienced divers testing equipment for a diving trip to Venezuela, several family members told various news outlets.
Leao, who was identified later, was found in medical distress on Front Beach on Oct. 4 shortly after 11 a.m. Emergency aid was provided by bystanders, police and EMTs before he was taken by ambulance to Addison Gilbert Hospital where he was pronounced deceased.
At 3 p.m. that day, through investigation, authorities determined Brady, the second diver, was missing. He was subsequently recovered from the ocean off Front Beach and pronounced deceased.
“This is a tragedy for the two families who have lost their loved ones,” police Chief John Horvath said at the time.
Two weeks later, Horvath said the follow-up investigation into the men’s deaths was being conducted by the Massachusetts State Police Detective Unit assigned to the Office of Essex District Attorney Paul Tucker.
For the Leao family, the frustration has grown during the investigation.
Alan Leao Jr. said Wednesday the deaths of his father, Alan, and his uncle Richard were accidental. The family is seeking answers from investigators on what lead to the deaths of the two experienced divers.
“We have a strong family and we are going through the grieving process,” Leao said. “We are supported by the outpouring of love for Richard and Alan. We are sad they are gone and frustrated by some of the state agencies that we don’t feel have risen to the occasion.”
Leao, who said he was speaking for his family, singled out Essex County District Attorney Paul Tucker’s Office in particular.
“(They) have not done anything measurable since they were assigned this case,” Leao said. “Some critical elements have either not been followed up or simply ignored.”
He cited data that he said still has not been downloaded from his father’s and his uncle’s dive computers that would provide information on the Rockport dive.
“There have been promises to obtain more extensive/detailed testing and that has not come to fruition,” Leao said.
On Friday, Sharyn Lubas, the DA’s chief of staff, said, “I am in the process of following up on this with our victim witness staff and investigator as they have been in contact with the families.”
She would not elaborate.
Leao said the State Police reacted quickly and brought in testing equipment from Hampshire County the evening the bodies were found.
“After that, there have been scant developments that could help point to an explanation as to why two experienced divers died in 9 feet of water,” Leao said. “All family members come from the private sector which moves at a quicker pace and usually has a better customer service element than what we have experienced with the (Massachusetts State Police).
“E-mails and calls have gone unanswered and not one family member has been demanding in any way, shape or form.”
Reaction from Massachusetts State Police was scant.
“After looking into this, it appears Rockport Police and the Essex County District Attorney’s Office were/are handling the investigation,” Trooper Brandon Doherty said.
Leao also criticized the findings made by the Massachusetts Medical Examiner’s Office.
“The Medical Examiner’s Office came to what I believe is a lazy conclusion that both men ‘drowned’,” Leao said. “The (Medical Examiner’s) Office did not point to any ancillary or antecedent cause listed on the death certificate.”
Timothy McGuirk, a spokesperson for the Massachusetts Medical Examiner’s Office, said Thursday death investigations often take months before findings are determined.
“As discussed, the cause of death in these cases was drowning and the manner was accidental,” he said. “We express our condolences to the families of Mr. Leao and Mr. Brady during this difficult time.”
The tragedy and reaction
After the accident, Leao said Pepperell Police officers came to his house to deliver the bad news.
“They first asked to come inside and (I) was asked to sit down,” he said. “I figured someone stole my car and did harm, but had no idea what I was about to be told.”
Leao said Rockport Police had informed Pepperell Police that his father was found at Rockport’s Front Beach unresponsive in his diving gear, adding he was taken to Addison Gilbert Hospital where he was pronounced dead.
“Of course I asked them if they were sure and they said yes,” Leao said. “I then responded that my father would not be alone diving and my Uncle Richard (Brady) would have been with him as well. They stood firm in saying that my father was the only person that was identified and that there was no mention of my uncle.”
After that, Leao called Rockport Police and told them that his uncle was also in the water and that they needed to find him.
“I gave them information on Uncle Richard and then left to identify my father’s body in Gloucester,” Leao said. “By that point, efforts were underway to find Uncle Richard.”
But Leao had praise for Rockport Police Lt. Michael Marino who he said was exemplary with the way he soothed the family.
“Lt. Marino was apologetic at the beach and stated he had no idea. We understood that this wasn’t his fault at all and he would have not known Uncle Richard was in the water if he didn’t surface like my father.”
“He was nothing short of spectacular and is a model police officer,” Leao said. “He has genuine compassion and a great soul, but is also a professional.”
