Erin Cox's Attorney: We're Filing Suit, School Lawyer Lied

In what has become a local drama with nationwide attention, Erin Cox's attorney said she is filing a lawsuit to fight "lies" about her client.

It's still unclear at this stage who will be named as defendants, Attorney Wendy Muphy, representing Cox, said Wednesday. "Anyone who lied and anyone who participated and anyone who participated in the violation of due process."

Cox, 17, reportedly went to a party in Boxford to pick up her friend, who had been drinking, and the police arrived and arrested several alleged underage drinkers.

Cox was summonsed for being at the party, but Boxford Police have confirmed that she was not drunk.

Murphy provided Patch with an email statement written by Boxford Police Officer Brian Neeley, who was on the scene at that party, to North Andover Assistant Superintendent Greg Gilligan last week.

The statement reads:

"Mr. Gilligan on September 28, 2013 at 22:44 I responded with several other officers to a under aged party at 732 Main St., Boxford. Erin Cox was one of many people under the age of 21 at the residence. I had the opportunity to speak with and observe Erin Cox while waiting for her mother to arrive. Erin did not have the slightest odor of an alcoholic beverage coming from her person. She was polite, articulate, steady on her feet, and very remorseful for her decision to go into the residence but was only helping out a friend that had called her for a ride. If you have any questions please feel free to contact me.
Cox was stripped of her title as captain of the North Andover High School Girls Volleyball team. She was suspended for five games as well."

As for the friend who Murphy and Cox said Cox was at the party to pick up, she has not come forward publicly.

"I can only say that I did not force Erin to make a statement revealing her friend's identity," Murphy said. "Obviously that person is in trouble. 
And I did not ask erin to testify against her friend."

In court hearing, Murphy said, the court evaded the case citing a lack of of jurisdiction after the lawyer for the school, Attormey Geoffrey Bok, said Cox was arrested at the scene.

"The principal was there and did not correct the record," Murphy said.

Murphy said it's still early in the process and there is no monetary compensation determined or even specific defendants named. But it won't demand Cox's reinstatement as team captain.

"Our lawsuit will address several issues, though it will only seek prospective changes to the rules so that kids are not fearful of being designated drivers," Murphy said. "We will certainly also file claims regarding the lies, including the false claim about Erin being arrested at the scene."

Bok did not return request for comment.

School officials have declined to speak about the situation as well, with the exception of a statement by Superintendent Kevin Hutchinson in which he discussed the MIAA’s guidelines regarding student discipline.