A condition called “light sensitivity” drove a U.S. Customs and Border Protection agent to file a bizarre traffic complaint with the Plymouth police last year using the name of town manager Derek Brindisi, his lawyer says.
In seeking to have identity fraud charges thrown out, Christopher Marden’s lawyer argued that his client’s “valid medical condition” prompted him last year to lodge a complaint about holiday lights on vehicles.
“While his actions may not have been appropriate,” wrote attorney Anthony Riccio, Marden “was making a valid complaint based on his medical condition and attempted to do so anonymously.”
“There is no probable cause to believe [Marden] committed the crime of identity fraud,” he wrote.
On Dec. 9, 2024, at 9:22 pm Marden, 36, of Holliston, allegedly emailed a complaint to the Plymouth Police Department that read: “Nature of Concern: “Christmas Lights on Vehicle While Driving.”
The complaint, sent under Brindisi’s name, claimed that earlier that evening multiple people on the Facebook page All Things Plymouth reported contacting Plymouth police about vehicles “in motion” wrapped in Christmas lights, which he said is a violation of state regulations.
Plymouth police officers, he claimed, were praising people for violating the law.
“Please address this ASAP and inform the public this is not allowed,” the email – supposedly from Brindisi – said.
Police Chief Dana Flynn questioned Brindisi about the complaint and discovered he didn’t know what the chief was talking about.
Plymouth police detective Brian Pierce was assigned to investigate.
Using multiple technological tools, Pierce traced the IP address on the email — the unique number assigned to every device on the internet — back to the U.S. Department of Homeland Security.
A Homeland Security officer then determined that the email came from a U.S. Customs and Border Protection workstation at Logan Airport, from a user account assigned to Marden.
Pierce also searched All Things Plymouth for references to “cars wrapped in Christmas lights.” He found a single post on Dec. 9, 2024, asking whether decorating a car with holiday lights was legal in Massachusetts.
The post generated more than 100 comments, including one from “Kristophoros Marden,” who reported that this activity was illegal and in violation of state regulations. (State rules prohibit drivers from displaying extra lights that may distract drivers and cause unsafe conditions.)
Pierce searched Kristophoros Marden’s Facebook profile, which identified him as a federal police officer at U.S. Customs and Border Protection. The profile showed a photo of a man running with a load bearing vest – tactical equipment worn by military and law enforcement personnel.
The detective also found a Holliston police report from November 2024 describing an argument between Marden and another resident that played out on a Facebook page called “I’m Holliston Happy.”
Marden allegedly admitted to police that he’d gotten into the argument and, after being blocked by the other person, he logged into someone else’s Facebook account to keep the dispute going, the police report said.
Plymouth police detective Pierce tried several times to question Marden but was unsuccessful. Marden didn’t return his phone calls, Pierce wrote.
CBP officials, cooperating with Plymouth police, were also rebuffed by Marden, who refused to submit to a voluntary interview, police said.
Finally on April 30, Pierce filed an application for a criminal complaint in Plymouth District Court.
A clerk’s hearing was postponed several times — once when his lawyer had a conflict; another time when Marden had a scheduled training at work.
The hearing finally took place on Sept. 11 — when a clerk magistrate found probable cause to charge Marden with identity fraud, a misdemeanor.
Marden’s arraignment, scheduled for October 16, has now been postponed to give the clerk time to review Marden’s “motion to reconsider” the September probable cause finding.
Though Marden acknowledges that he posed as another person without authorization, he did not obtain money or anything of value by pretending to be Brindisi, nor did he have “the intent to defraud,” his lawyer wrote in the motion filed on Sept. 29.
To document Marden’s light sensitivity, Riccio offered a 2016 letter from the state Registry of Motor Vehicles allowing him to outfit much of his car with tinted glass, which is generally prohibited. The letter doesn’t explain why he requested the special glass.
The court filing also doesn’t explain why Marden filed the traffic complaint with Plymouth police, since he lives in Holliston and works at Logan Airport.
If the complaint goes forward and he is convicted, Marden could face up to 2-1/2 years in jail and a fine of up to $5,000.
It’s unclear what consequences, if any, he could face at work.
The U.S. Customs and Border Protection has a detailed social media policy that prohibits the use of any government equipment or U.S. Customs and Border Protection account for unofficial purposes.
In an emailed statement to the Plymouth Independent when Marden was charged in September, U.S. Customs and Border Protection spokesman Ryan Brissette said the agency’s Office of Professional Responsibility was “actively investigating the matter.”
“As a matter of policy, CBP does not comment on ongoing investigations; however, CBP employees are held to the highest standards of professional conduct, and any allegations of misconduct are taken seriously and thoroughly reviewed in accordance with established procedures,” he wrote.
Brissette did not immediately respond to a request for comment on Wednesday.
Andrea Estes can be reached at andrea@plymouthindependent.org.