October 5, 2006

Theme of cold case Conference at Anna Maria was lack of cooperation by DA John Conte. 

Today at Anna Maria College, the Cold Case Seminar presented by the Worcester Telegram and Gazette and sponsored by the Molly Bish Center for the Protection of Children and the Elderly projected one common theme. Voiced, by both reporters, and family members was a lack of communication and or cooperation from the Office of Worcester District Attorney John Conte.

Harry Whitin, Editor of the Telegram and Gazette opened by explaining that the series One Hundred Cold Cases One Thousand Questions, began as a possible means to examine DA John Conte’s record in a meaningful way. In the end what the series exposed most of all was a community of survivors who were all alone. 

Mark Ellis, local news editor said this was the largest group of employees ever assembled for a summer series. The series used fifteen reporters, editors, interns and photographers. What started out as cold calls and reviews of archive files, which previous to 1989 had to be done manually, finished with family members contacting the Telegram with their loved ones stories. 

Kim Ring, Telegram series reporter stated what effected her most during her investigation was how the families were impacted by what had happen.  Ms Ring was troubled "we don’t look into missing adults as a community". She recommended the National Center for Missing Adults, Theyaremissed.org, web site for assistance if your adult loved one has disappeared. 

Kevin Keenan, Telegram series reporter who investigated Paul J. Costanza, a 22-year-old drug addict and dealer.  Explained although the police initially believed he had died from a drug overdose, a judicial inquest completed several months later ruled the crime a homicide and robbery. Mr. Keenan stated he found that "police or Assistant District Attorneys don’t provide the media with anything without the DA’s approval". 

During the question portion of the Telegram panel pleas for assistance with unsolved murders from District Attorney John Conte appeared to have been lacking in cooperation and communication as well as a denial to meet with family members, or private investigators in some some cases according to those who had lost love ones in attendance. 

With tears flowing one grieving mother asked “how to get action in my son’s murder case?  Mark Ellis replied “be persistent, keep calling, keep working the phones and do not give up”.  

Attorney Joseph Early Jr. who attended the conference described his frustration in the case of Kevin Harkins, who had been a childhood friend. Attorney Early, who informed the audience he has not been elected as of yet, stated he hopes to form a cold case unit in his administration, to help those families who are effected by unsolved cases.

In the end the conference gave the families a chance to voice their concerns, to hear that are not alone in their grief and that unity may be their best avenue to initiate change within the system.

September 12, 2006

During the past few weeks the Governor’s race has certainly heated up with each candidate taking on a last  minute advertising blitz, clarifying proclamations of individual positions, all directed at persuasion of the undecided voters. 

In Worcester for what many see as a very significant position, the Office of District Attorney, no media blitz, no last minute public drives and not many undecided voters. 

Joseph Early Jr. has received well over a hundred thousand of dollars in contributions from Account Executives, Corrections Officers, Financial Consultants, Real Estate Developers, Insurance Agents, Physicians, a newspaper Publisher, a Landscaping owner, the retired and of course numerous local Attorneys.  

Early campaign bumper stickers and lawn signs are noticeable not only in Worcester, but plaster the landscape from Blackstone, to Milford, from Westminster to New Braintree.  

The Early campaign has held a fund raising golf event, fund raising dinners at Viva Bene Restaurant in Worcester. The Early campaign sporting blue Early T-shirts had a well represented contingent that marched in the Fitchburg Fourth of July parade.  

The Early campaign has a chairperson for direction, a payroll for employees, and a host of volunteers who are scheduled to hold signs during the primary on September 19th.

Daniel J. Shea’s campaign contributions total below a couple thousand dollars. For the most part the Shea campaign has been self financed. No Physicians, no Attorneys, no Real Estate developers or Financial Consultants.  

No payroll, nor chairperson nor golf events or $100.00 dollar a plate dinner fundraisers. 

Shea has attended events held by other politicians and marched with Veterans of foreign wars during the Rutland Fourth of July parade. 

Shea bumper stickers, lawn signs or ads are minimal.

Both candidates agree on the need for better communications with local police and the long desired upgrade to the state evidence-testing laboratories. Both focus on improvement on Juvenile Justice as a source for better direction of youthful offenders. 

What really has been lost in this campaign is the focus on the corrections from within the current office that have become so offensive and destructive.  

We need a District Attorney’s office that maintains media communication on a regular bases. Not like currently when the media is used to publicly promulgate certain cases as a method to the means of a conviction while other significant cases with questionable prosecutorial maneuvers receive the standard “no comments”.

We need an improvement in the plea bargain system currently employed that results in local lawyers having to bargain one client for the chance to maintain the possibility of plea bargaining the next. 

We need a District Attorney's office that will have a public integrity unit so citizens who disagree with the District Attorney’s office can have an independent determination to avoid favoritism in both prosecution and the lack of.  

We need employees who are hired and promoted based on skills and education not connections and contributions.  

We need State Troopers who are allowed the ability and support to investigate real crimes, not used as a means of favored crusades or political presentations.  

As the primary nears, one thing for sure what Worcester Country needs most is accountability from within and to rebuilt the trust that has been lost so citizens can feel secure in the actions of the Office of District Attorney, Middle District.

Initially, I didn’t understand why the Commonwealth took such a strong position against the now infamous Pechonis video however, upon reviewing it closer, I began to question why a Major Crime Unit, normally responsible for investigating homicides, narcotics and such, would be pursuing a subject who allegedly committed a misdemeanor for “threatening to commit a crime?”  

The Commonwealth clearly understands the degree to which the Fourth Amendment was violated in this arrest, their embarrassed by the number of officers sent as a means to oppress an outspoken detractor and sadly regret the fact that their actions were inadvertently caught on tape for everyone to see.  

Think about it, we’ve heard much to do about the First Amendment and the Commonwealth’s concern about information being distributed that could possibly affect an investigation but we’ve heard nothing from the Commonwealth about its concern for the way this family was treated, how this illegal search was conducted or if they intend to address the issue.  

Don’t be misled by the politeness of the detectives, actions do speak louder then words and although the Supreme Court recognizes the rationale for exceptions and allows in certain instances for warrant less searches to be conducted, none of those exceptions exist here.   

The search of the Pechonis home “incident to arrest” exceeded the geographical scope as defined and outline by the Supreme Court.  In the case of Chimel v. California, the Supreme Court held that a search incident to lawful arrest is limited to the arrestee and the area from which he might obtain either a weapon or destroy evidence.  Now consider if you will, the circumstances surrounding the arrest of Pechonis and the degree of custodial control.  Do we witness any “furtive” movement or do we witness a compliant subject?  Does the scope of the search exceed his reach or lunging distance?  Finally, would it not have been easier to walk the subject outside, then to shout “bring it in”, and parade a herd of detectives through the door?  Clearly, this unlawful search exceeded a search “incident to arrest” and the motive for the large contingent of detectives remains suspect.  Certainly in Worcester County there are cases more deserving of their expertise then this one, isn’t there? 

In 1990 the Supreme Court, in examining the search area issue, permitted a limited "protective sweep” when conducting an in home arrest.  However, this too would be a difficult argument for the Commonwealth.  Based on what is known in this case and what can be observed on the video, how would one give specific, articulately facts that the area to be “swept” harbored anyone posing a danger?  Are the hands in the pockets of several detectives indicative of someone concerned for safety, I think not. 

Please, don’t let the attempt to spin this into a First Amendment issue blind you.  After all, how often have we observed suspects in compromising situations on police video? Why shouldn’t it work both ways.  Furthermore, is it more important that on occasion police get “policed” when they are inadvertently caught on tape or would you rather the Gestapo show up at your home and illegally search it because you’re suspect in a misdemeanor?  Let’s face it, the Baby Cam manufacturer isn’t to blame here, Paul Pechonis isn’t to blame, Mary Jean isn’t to blame and the Judge didn’t get it wrong.  

The Governor elect who proclaims himself “the people’s Governor”, should concern himself as much with the Fourth Amendment and the actions of the police in this matter as he does the First Amendment and trying to hide their conduct.  It's better to tactfully retreat when your wrong then to push.  

“The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures shall not be violated, and no warrant shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”.  

August 30, 2006

Worcester C-Pac Trooper uses secret audio and video recording.  

Massachusetts State police C-Pac Unit assigned to District Attorney John Conte uses secret audio and video to record for the possibility of criminal activity. 

Caroline M. Kotoski, 42, formerly of Princeton, who is currently under indictment on charges of attempted murder and common-law solicitation, was secretly recorded by Trooper Peter LeDuc, posing as a hit man in 2004 while assigned to John Conte’s C-Pac unit.  

Until recently however no “baby cam” recording has ever exposed heavy handed actions along with an alleged illegal search conducted by Massachusetts State Troopers.   

As to this date no criminal charges have ever been lodged against Mr. Paul Pechonis for the recording of the video, or providing the video to the conte2006 web site.