December 21, 2007

Justice delayed

No end to Scola investigation yet in sight

Editorial by Worcester Telegram

Just two years ago, we praised then-Worcester District Attorney John J. Conte for naming a special prosecutor to investigate the murder of Candace Allen Scola more than five years ago. Regrettably, the quest for justice in the brutal stabbing case was set back again this week when the prosecutor, Joseph P. Gaughan, bowed out, citing health reasons and offering no recommendation on whether the case was ready for a grand jury.

A new prosecutor from the Plymouth district attorney’s office may have to restart the increasingly cold case. Mrs. Scola was found dead in the kitchen of her home at 3 Knox St. two days after she was killed, investigators believe, on July 3, 2002.

Now, more than five years later, the case appears to be drifting along, with no resolution yet in sight. Last fall, the special prosecutor said that he was wrapping up the case and that final forensic results were expected in a few weeks. No mention has been made of those tests.

What’s going on here, anyway?

Recruiting a prosecutor from outside Worcester County seemed prudent because both Mrs. Scola and her estranged husband, Anthony J. Scola, had strong ties to the local legal community. Mr. Scola had been an assistant district attorney and Mrs. Scola was a judicial secretary at the Worcester Juvenile Court.

Many of the delays in the case are baffling, such as the length of time it has taken to get DNA testing results. Certainly, one can understand that the prosecution wants to build a solid case before going to trial. But such an incredibly long delay insidiously weakens the case as memories of witnesses, including officers who led the original investigation, fade. The longer it takes to bring a case to trial, the greater the danger the physical evidence might be compromised as well. Investigators know that the prospects of solving a murder begin to fade after the first 24 to 48 hours.

The next special prosecutor faces a huge challenge, but a fresh set of eyes could find something new to strengthen the case.

As long as this case goes unsolved, a vicious killer roams free, perhaps to kill again. The special prosecutor’s goal must be to get this unprosecuted monster off the streets and demand justice for Mrs. Scola and her still-grieving family.

December 14, 2007

Prosecutor withdraws in Scola murder case
With no resolution, probe could start all over again

By Thomas Caywood TELEGRAM & GAZETTE STAFF

WORCESTER— Two years after special prosecutor Joseph P. Gaughan was appointed to review the politically sensitive investigation into the 2002 murder of Candace Allen Scola, he has withdrawn from the case for health reasons without recommending whether it should be brought before a grand jury.

Worcester District Attorney Joseph D. Early Jr. said yesterday the probe will be turned over to Plymouth District Attorney Timothy J. Cruz’s office for a third review of the evidence — a step that could add months or years to the family’s already long wait for justice.

“I think it’s a situation where we lose the least based on that office’s ability to handle a murder case like this, to hit the ground running and make decisions on it,” Mr. Early said.

Responsibility for sorting through the evidence has bounced from former Worcester District Attorney John J. Conte to Mr. Gaughan to Mr. Cruz over the last five years. The special prosecutor so far has submitted two bills for his work and expenses totaling $10,850.

Mr. Early said in an interview that, while he would have expected the probe to have been completed by now, he can’t impose a timeline on an outside investigation. Mr. Cruz’s office could pick up the work where the special prosecutor left off, or choose to cover some of the same ground again by ordering additional rounds of forensic testing or by re-interviewing police and witnesses.

Mrs. Scola, 32, and her estranged husband, Worcester lawyer Anthony J. Scola, had strong ties to the local legal community. She was a judicial secretary at the Worcester Juvenile Court, and he had served as an assistant to the former district attorney, Mr. Conte. When Mr. Conte appointed the special prosecutor in late 2005, the appearance of a conflict of interest had shown signs of becoming an issue in the upcoming district attorney’s race.

Mr. Gaughan, then a lawyer in private practice and former first assistant district attorney in Plymouth County, has resigned from his law practice and is undergoing chemotherapy treatments. He declined to comment on the status of his investigation when reached at home Wednesday and didn’t return a phone call yesterday.

Last November, Mr. Gaughan told a Telegram & Gazette columnist that he was wrapping up his investigation and that he hoped to have final forensic test results in about six to eight weeks.

More than a year later — and 5-1/2 years after Ms. Scola was stabbed to death in the kitchen of her Knox Street home — there’s still no decision in sight on whether the case should be brought before a grand jury.

“What he was hired to do was give a recommendation whether or not the case should be prosecuted,” Mr. Early said of the special prosecutor. “If his health had been well, and he had recommended a prosecution at the end of it, I knew that I’d sit down with him and see if he’d be willing to take the case. But that decision was never reached. It is frustrating in that regard.”

Mrs. Scola’s family and Mr. Scola’s defense lawyer both took this latest delay in stride.

“Initially, we were frustrated. Now we’re sort of conditioned to it,” said Mrs. Scola’s brother-in-law, Andrew G. Wailgum of Hopkinton, who spoke on behalf of the family yesterday. “Obviously, we want them to proceed when it’s right, and if rushing it for the sake of doing something will jeopardize the case, we don’t want that. They only get one shot, and we’re all aware of that.”

Mr. Wailgum said the family had spoken to the special prosecutor several times over the last two years and had the impression he was actively working on the case. He said his wife, Catherine Wailgum, has struggled emotionally since her sister was killed.

“There’s the cliché about closure and whatnot, but I think getting justice would have a tremendous impact on my wife,” he said. “Part of what frustrates her and sticks in her craw is that this guy is still walking around out there.”

Mr. Scola’s lawyer, Louis P. Aloise, said he didn’t expect Plymouth County prosecutors to start the probe over given Mr. Gaughan’s more than 20 years of experience as an assistant district attorney and his specific expertise in prosecuting cases on the basis of forensic evidence.

“My last conversation with the special prosecutor was in October 2006, and he indicated that a last bit of DNA testing was going to be done, and that he was shooting for having his report to District Attorney Conte by the time he left office,” Mr. Aloise said. “It’s unfortunate that it’s had to drag on this long.”

Mr. Aloise said fairness dictates that whoever is handling the outside probe eventually make a determination one way or the other whether there’s enough evidence to bring charges in the slaying.

“This is something that is out there hanging over my client still. The homicide happened how many years ago?” he said.

Mrs. Scola had filed for divorce from Mr. Scola five months before she was killed on July 3, 2002, and they had sought restraining orders against each other.

Should the latest probe result in charges, the case would be prosecuted by a Plymouth County assistant district attorney, Mr. Early said. Whether to prosecute the case in Worcester County or to seek a change of jurisdiction to Plymouth County also would be Mr. Cruz’s call, he added.

Mr. Wailgum said his wife and all of Mrs. Scola’s family look forward to a trial someday despite the renewed pain it likely would stir up in their lives.

“My wife’s gotten herself to a point where she can get through ordinary life, and a trial would have a tremendous effect on her,” he said.

July 11, 2007

Justice for Candace
Still no charges in brutal 2002 slaying 

Editorial Telegram and Gazette

We applauded in December 2005 when then-Worcester District Attorney John J. Conte named a special prosecutor to take charge of the Candace Scola murder investigation. Nineteen months later, however, the investigation continues to drift along with no apparent end in sight.

Friends and relatives of Ms. Scola, referring to her by her maiden name, Candace Allen, gathered outside Worcester Memorial Auditorium Monday to mark the five years since the slaying and what would have been her 38th birthday. Her body, with multiple stab wounds, was discovered on July 5, 2002, in the kitchen of her home at 3 Knox St. in Worcester. Investigators believe she was killed on July 3.

Appointed special prosecutor was Hingham lawyer Joseph P. Gaughan, a former first assistant district attorney in Plymouth County. His mandate was to assess the evidence and determine whether enough existed to take the case to a grand jury

The prospects for some long-overdue closure seemed good. But District Attorney Joseph D. Early Jr., who succeeded Mr. Conte, reported this week that the special prosecutor still is conducting more interviews and tests, including additional DNA testing, before recommending whether charges should be brought.

That some of the DNA testing has yet to be completed — five years into the investigation and more than 1 1/2 years after the special prosecutor was hired — seems inexplicable. Surely, the “significant pieces of evidence” Mr. Conte said the prosecutor needed to study should have been thoroughly examined long before now.

Of course, prosecutors need to be sure of their ground before going to trial, or risk losing the case. But delay has its own risks: As the months and years pass, the memories of potential witnesses, including officers who conducted the original investigation, fade. Crime-scene evidence may be lost, or the chain of custody broken.

Five years after Candace Allen Scola was laid to rest, a brutal killer remains at large, undetected and unprosecuted, free perhaps to kill again. It is unthinkable that the monster who committed this crime should never be made to answer for it.

July 10, 2007

Friends, family honor birthday of ’02 slaying victim
DA still working on 5-year-old slaying

By Scott J. Croteau TELEGRAM & GAZETTE STAFF

WORCESTER— Rain pounded on the balloons held by family and friends of Candace Allen Scola yesterday as the woman was remembered at a ceremony outside Worcester Memorial Auditorium.

Faces remained solemn as they talked about the woman slain five years ago.

Five white balloons, representing the five years since the slaying, and 38 red balloons, representing what would have been Ms. Scola’s age, were released into the air.

Juvenile Court Judge Carol Erskine said friends, co-workers and family made a firm pledge to continue a yearly remembrance of Ms. Scola’s life — held on the anniversary of her birth — and hope for the circumstances of her death to be resolved. Ms. Scola was a judicial secretary at juvenile court when she was killed.

Inside a garage at Worcester Memorial Auditorium, which now houses Worcester Juvenile Court, the judge noted people there wore small stickers with the number 5 on their clothes. The stickers represented the number of years Ms. Scola’s killing has remained unsolved.

Catharine Wailgum, sister of Ms. Scola, who was called Candace Allen yesterday, said the memorial gives her a chance to remember her sister. Ms. Scola was found stabbed to death on the kitchen floor of her home at 3 Knox St. on July 5, 2002.

Police at the time interviewed several people, including her husband, Anthony J. Scola, from whom she was seeking a divorce.

“It keeps Candace’s memory alive,” Mrs. Wailgum said. “It gives us hope there will someday be a resolution.”

A special prosecutor assigned to the case is reviewing evidence in the stabbing.

“The special prosecutor, Joseph Gaughan, is an experienced prosecutor who will make a recommendation when he feels that he has made a thorough review of all the evidence, including the DNA evidence,” District Attorney Joseph D. Early Jr. said in a statement yesterday. “Mr. Gaughan is conducting more interviews and tests before making a recommendation. Some of the DNA testing led to additional DNA testing. Mr. Gaughan is still waiting for some of those test results to come in.”

Mr. Early said he told the special prosecutor to complete every test and interview he needs to conduct and then give a recommendation. He expressed his wish to bring a conclusion to the case.

“I know that this is a tough time of year for the relatives and friends of Candace Scola, and I’d like to get the family some closure,” Mr. Early said.

September 27, 2006

DA Conte names Anthony Scola as murder suspect

The DA says Scola's lawyers have been invited to participate in another round of DNA tests

By Michael Warshaw, Worcester Magazine

Worcester County District Attorney John Conte is now naming a suspect in the 2002 Candace Scola murder case. It’s her husband at the time of her death, Anthony Scola.

“I would say Scola is a suspect,” says Conte. “He’s the only one we looked at.”

According to the DA, lawyers representing Anthony Scola have been invited to attend a forthcoming round of DNA testing in relation to the case. Although no indictment has been issued, the invitation is apparently intended to strengthen any future prosecution. “The testing we’re doing will exhaust the sample,” says Conte. “When that occurs, you’ve got to notify the defense so they can have their [own] expert present.”

Conte adds that the invitation to Scola’s lawyers, Louis Aloise and Michael Wilcox, was issued by Joseph Gaughan, the special prosecutor working the case.

Gaughan, a former and longtime first assistant district attorney in Plymouth County, is said to be an expert in DNA evidence. He reportedly led the prosecution in 17 murder cases (and in cases involving numerous other major felonies). According to Conte, he has a technical background, and early in his career, tested software for the Patriot missile project as a lead engineer at Raytheon.

Gaughan was hired as an independent special prosecutor for the Scola murder investigation in December 2005. Even though no law enforcement source had named any suspect (until now), at the time some had suggested that the case should be referred to an outside agency because Anthony Scola, well-connected within the Worcester legal community, formerly worked in Conte’s office. Conte had consistently stated that Scola’s past association with the DA’s office had no bearing on the conduct of the investigation.

Michael Wilcox, attorney for Scola, will not comment on the invitation to attend the DNA testing which, according to Conte, is yet to be scheduled. “No comment,” says Wilcox. “No confirm; no deny. I have nothing to say.”

The body of Candace Scola, a popular courthouse worker, was found stabbed to death in her Knox Street home after the Fourth of July weekend in 2002. Anthony Scola was questioned by police at the time. The Scolas had long had a stormy relationship and at the time of the killing, they were awaiting a court date on an assault charge brought by Anthony against Candace, reportedly following a restraining order filed against Anthony on Candace’s behalf.

In 2002, less than a week after Candace Scola’s body was found, columnist Dianne Williamson of the Telegram & Gazette quoted Wilcox in reference to Anthony Scola: “‘We’re not naive and we’re not foolish. He’s the husband of a woman who has been found killed. By all accounts, the relationship has its problems. Even in the best of circumstances, the initial gaze of police would be directed at the spouse.’’

The following year, she quoted Scola himself as saying, “Police always look to the husband or boyfriend first. But I don’t think there’s anything that points to me.’’

Off the record and over the past few years, law enforcement sources have repeatedly told Worcester Magazine that Anthony Scola has been the only potential suspect seriously considered by investigators. However, proof has been elusive, according to those sources. Practically since the investigation began, reports have referenced cuts on Anthony’s hands and blood evidence found at the house. However, it was Anthony’s house as well as Candace’s, making it probable his DNA would be there regardless of any crime. As far as the cuts, he reportedly explained that he received them while installing an air conditioner.

There have been several rounds of DNA testing in the case. At one time, investigators reportedly hoped to find his blood mingled with hers, but were disappointed when results of that round of testing were inconclusive.

Conte will not comment in any way on the nature of the DNA sample that will be exhausted in the forthcoming round of testing.

Gaughan could not be reached before deadline.

Michael Warshaw may be reached at editorial@worcestermag.com.

July 11, 2006

Family and friends mark birthday of slain woman

Family, friends mark birthday

By Scott J. Croteau TELEGRAM & GAZETTE STAFF
scroteau@telegram.com

WORCESTER— Candace Allen Scola cared about working in the Juvenile Court system and wanted to extend her work with children into the teaching field.

Not many people know that about Ms. Scola, said friends who joined at Remembrance Garden next to the World War I monument with Ms. Scola’s family yesterday. The garden is across Grove Street from the Juvenile Court.

Juvenile Court Judge Carol Erskine said that around 20 friends choose to meet once a year to mark Ms. Scola’s birthday, rather than on the day of her slaying. It’s been four years since Ms. Scola was killed.

“On any given day you could find Candace sitting at her desk at lunch studying her latest college course and talking about becoming a teacher because she wanted to work with kids,” the judge said yesterday.

Ms. Scola was found stabbed to death on the kitchen floor of her house at 3 Knox St. on the afternoon of July 5, 2002, by a friend who had stopped by to visit. No arrests have been made, and police have interviewed many people, including her husband, Anthony J. Scola, from whom she was seeking a divorce.

Friends and family are encouraged by the case being in the hands of a special prosecutor and that the case is still open, Judge Erskine said.

District Attorney John J. Conte said some additional DNA testing is being conducted in association with the investigation.

December 26, 2005

Conte dragged feet on murder investigation

Letter to the editor, Worcester Telegram & Gazette

TIMOTHY McGUIGAN, Spencer

I would like to congratulate Dianne Williamson for having the intestinal fortitude to say it like it is and continuing to report openly and honestly about Worcester County. The timing of John J. Conte’s recent announcement on the Scola murder is more than just political posturing; the motive is clear and his intent fundamentally wrong. The mere fact that he allowed the seeds of impropriety to be cast upon his office, again, is a disservice to the family of Candice Scola, the Worcester detectives who worked the case and the residents of Worcester County. His failure to immediately appoint an outside agency does nothing but undermine the confidence that people have in law enforcement and the criminal justice system.

It’s just politics, that’s all. How right Mrs. Scola’s mother, Constance Allen, is, but unfortunately at an expense that none of us can afford to pay.

December 9, 2005

By Noah Schaffer, Worcester magazine

• MOTION ON THE MURDER: District Attorney John Conte says long-awaited action is coming in the three-year-plus investigation into the murder of Candace Scola. No suspect has been named. Husband Anthony Scola was questioned early in the investigation. “There will be some movement within the next day or so,” the DA promises. “Basically, what that means is that now that we have completed our DNA testing on significant pieces of evidence, the case is now viable for instituting a criminal prosecution. So what we will probably do is — even though we feel that we have not been laboring under any conflict of interest — because both parties, Mr. and Mrs. Scola, have deep ties to the Worcester County legal community, we will be referring the matter to a special prosecutor [former Plymouth County First Assistant DA Joseph Gaughan] to review the entire case and make recommendations.” If the case is solved, it will rob Joe Early Jr., a likely contender for Conte’s seat in 2006, of a campaign issue.

December 8, 2005

Scola case gets special prosecutor - Conte says evidence ‘is ripe for assessment'

Gary V. Murray, Worcester Telegram & Gazette (MA)

WORCESTER - A special prosecutor has been named to review evidence, including the results of recently completed DNA testing, in the 2002 stabbing death of 32-year-old Candace Allen Scola.

District Attorney John J. Conte said yesterday that Joseph P. Gaughan, a former first assistant district attorney in Plymouth County, has been hired to assess the evidence to determine whether there is enough to seek a grand jury indictment. Mr. Gaughan's appointment as a special prosecutor comes in the wake of recently completed DNA tests on what Mr. Conte described in a press release as "significant pieces of evidence."

"With these developments in the case, the viability of instituting a criminal prosecution for Mrs. Scola's murder is ripe for assessment," Mr. Conte said in the release.

Mrs. Scola, who was a judicial secretary at Worcester Juvenile Court, was found stabbed to death on the kitchen floor of her home at 3 Knox St. on July 5, 2002. No arrests have been made. Among those interviewed by police was lawyer Anthony J. Scola, from whom Mrs. Scola was seeking a divorce.

Mr. Scola, who once worked for Mr. Conte as an assistant district attorney, has said he was with his wife at the Knox Street address until about 10:30 p.m. July 3, the date police believe she was killed. He has denied any involvement in the slaying.

Members of Mrs. Scola's family have questioned why Mr. Conte had not referred the murder case to another district attorney or law enforcement agency.

While insisting that Mr. Scola's former role as an assistant district attorney created no conflict of interest for his office in its "collaborative" investigation with Worcester police into Mrs. Scola's murder, Mr. Conte said the probe had reached the point where "it must be determined whether there is sufficient evidence to present a case to the grand jury for indictment and prosecution.

"Because of both Mr. and Mrs. Scola's deep ties to the Worcester County legal community and the resulting intense public interest, an independent special prosecutor has been enlisted to review the status of the investigation and to allay any concerns that may be generated by the Scolas' relationships with the local legal community," the district attorney said.

He described Mr. Gaughan, a lawyer in private practice in Hingham, as a "well-respected trial attorney with nearly 35 years of experience" who has "a distinguished background as a veteran prosecutor" and has "earned statewide recognition for his handling of complex cases involving forensic evidence."

An assistant district attorney in Plymouth County from 1975 to 2003, Mr. Gaughan identifies himself in his resume as the lead prosecutor in more than 100 major felony trials, including 17 murder cases. He was the first assistant district attorney in Plymouth County for 24 years and, in addition to a law degree from Suffolk University School of Law, has an engineering degree from Northeastern University, according to the resume. He has worked since July 2003 in the law offices of J. Christopher Amrhein in Hingham.

While declining to discuss details of the investigation or the forensic testing that was conducted, Mr. Conte said yesterday that Mr. Gaughan had already begun work on the case.

"We have a lot of faith in him. We know about his work. He was a top prosecutor, and he has an extensive background in forensics," the district attorney said. In 1994, three years after Assistant District Attorney Thomas E. Landry of Mr. Conte's office became the first state prosecutor in Massachusetts to gain a conviction through the use of DNA evidence, Mr. Gaughan did the same in Plymouth County, according to Mr. Conte.

When asked for comment on Mr. Conte's hiring of a special prosecutor in the case, Mrs. Scola's brother-in-law, lawyer Andrew G. Wailgum, said, "I guess we're grateful that it's still an important case for the DA's office and that they're being as careful as they are to make sure they get a conviction."

Mr. Gaughan could not be reached yesterday for comment.

July 14, 2005

• FAMIFAMILY AFFAIR: Some backers of Joe Early Jr. are a bit peeved that he didn’t get some traction in a run for Conte’s seat by capitalizing on media criticism of the DA office’s handling of the Candace Scola murder case. As the third anniversary of Scola’s murder approached, the Telegram and Gazette ran an editorial critical of Conte, raising the issue of a possible conflict of interest: Scola’s husband, Anthony, once worked in Conte’s office. Still, given the opportunity, Early did make his views known. Reached this week, he was still insistent that Conte should refer the matter to another DA’s office. “He says that his office is like one family,” says Early, referring to Conte’s defense of his staff contributions. “So why would he be investigating a member of his own family?”

June 23, 2005

The DA isn’t happy

Conte fires back to the T&G over the Scola case

By Michael Warshaw Worcester magazine

Whether you agree with them or not, a newspaper editorial should offer a clear point of view and a call to action. Both of those qualities were present in an editorial that appeared Monday, June 20, in the Telegram & Gazette. It called for Worcester County District Attorney John Conte to relinquish to another district attorney the investigation into the murder of Candace Scola nearly three years ago.

Citing the length of the investigation and the “lack of prosecution” to date, the editorial read, in part, “Police and prosecutors are painfully aware that the window of opportunity for solving a murder begins to close after the first 24 to 48 hours.”

Conte didn’t like that. That same day, he issued a rare press release in clear reaction to the T&G. “Contrary to what recently has been implied,” it read, “this investigation has not lain fallow.” It then reveals that advanced testing of DNA collected as evidence, is being conducted by the state police crime lab as well as an outside, private testing facility. (A first round of testing reportedly failed to produce conclusive results.) The private testing will cost $4,000, according to the DA’s office.

“I think everybody knows we’ve been working on this,” says Conte, as he references a news story of several months ago, reporting that investigators were conducting a fresh round of interviews with the murder victim’s colleagues at the Worcester County courthouse. “Quite honestly, I can’t pay attention to that stuff. You’re talking to people who don’t understand the process of an investigation.”

Even so, the DA acknowledges that he was stung by the editorial. “Wouldn’t you be?” he asks. “Especially since we’ve been working on it.”

The T&G editorial also raises the question of conflict of interest, citing the “professional connection” between the Worcester DA’s office and Anthony Scola, who was the estranged husband of the murder victim when she was killed. Scola worked in Conte’s office years ago. “That was in 1983 through ‘84 and I don’t think I’ve talked to him since,” says Conte. “I mean, that’s absurd.” He adds that even if there were any effects from such a conflict of interest, they would be felt “in the prosecutorial stage [of the case] and not in the investigative stage.”

From an outsider’s point of view, it’s no big stretch to read into the editorial’s raising of that issue. After detailing the murder, it then jumps right to this statement: “Ms. Scola, estranged from her husband, lawyer Anthony J. Scola, had filed for divorce five months before her death.”

Unless you take it as a non sequitur, that sequence appears to be a tacit acknowledgement that, although no suspect has been named, Anthony Scola has been the subject of popular speculation. George French, editor of the T&G’s editorial pages, won’t be baited into drawing that connection. “On that, you’d have to let the editorial speak for itself,” he says, adding that the newspaper’s timing was meant to anticipate the July 5 anniversary of Candace Scola’s death. “I see the tragedy of a woman who was brutally murdered three years ago and there doesn’t seem to be any activity in the investigation. The editorial was a way to focus some attention on it.”

Conte’s reaction to the editorial may help ameliorate the effects of the Scola investigation on the upcoming race for his office. A source close to the campaign of likely challenger Joe Early Jr. says the lack of results in that case might be raised as an issue before the election. (Early himself says, “If you are investigating a former employee, as part of an active investigation, you have a responsibility to request that another DA look at the case to ensure that there is no perceived conflict and that justice is served.”) The possibility exists, however, that the case could break before then. Conte offers his “best guesstimate” that results from the most recent DNA testing could be available in as soon as two or three months. “But that’s only a guesstimate,” he says.

The DA also acknowledges that investigations move in cycles, sometimes in a lull, sometimes kicking into high gear, although “with the Scola case, we never left it,” he says. “The press left it. We never [did].”

He does confirm reports that another investigation has recently kicked back into high gear: The one into the 1994 disappearance of Kevin Harkins, who is believed to have been murdered. Harkins, known as a heavy user of cocaine, was seen leaving a bar and getting into a car “with certain individuals,” as Conte puts it. Just the day before, Harkins had reportedly broken his promise to give false testimony to help clear a friend of drug charges.

“We’ve pumped [renewed] energy into the Harkins case on three occasions when we’ve gotten new material or new people looking at the case,” says Conte, who then refers to the recent change in administration at the Worcester Police Department. He also hints at new evidence, saying, “When you’ve got a new piece, that’s when you become re-energized. There were a couple of people who indicated there was a feeling that all we need is one little piece” before there’s enough of a case for successful prosecution.

Tantalizingly, the DA adds, “The kind of witness you have to give a lie detector test to, that’s what you’ve got in that case.” A questionable witness was mentioned in previous T&G coverage.

Michael Warshaw may be reached at editorial@worcestermag.com.

June 23, 2005

'02 slaying remains unsolved - Release of balloons to mark Scola birthday

Dianne Williamson, Worcester Telegram & Gazette (MA)

Thirty-five balloons will once again brighten the early morning sky next month over downtown Worcester.

But dark clouds linger for the family of the late Candace Allen Scola, as her former colleagues plan to commemorate what would have been her 35th birthday.

For those who loved Ms. Scola, it's been too long. Too many balloons have been released. Too many assurances that police are simply awaiting more evidence. Too many rumors, too many dashed hopes, too many unanswered prayers that her killer will be held accountable for his crime.

"I say my prayers every day, hoping for justice," said Ms. Scola's mother, Constance Allen. "If there isn't any, I have to accept it. So I've also been praying a lot for acceptance."

It will be three years July 5 since the judicial secretary was found stabbed to death in the kitchen of her home at 3 Knox St. In the days following the killing, friends and family were quick to tell police about the volatile relationship she shared with her estranged husband, criminal defense lawyer Anthony J. Scola, who has said he was with his wife at 3 Knox St. until about 10:30 p.m. July 3, the date police believe she was killed.

Mr. Scola has said he did not kill his wife, but acknowledged that her family believes otherwise. He was interviewed extensively by police, who

searched his green BMW and photographed his body.

Investigators remain extremely tight-lipped about their investigation even as friends and family grow impatient for answers. Specifically, they wonder why circumstantial evidence isn't enough to make an arrest. They question why District Attorney John J. Conte hasn't transferred jurisdiction of the case, because Mr. Scola once worked for him as an assistant district attorney.

And one can't help but wonder, given Mr. Conte's aggressive pursuit of those involved in a fatal amusement park ride, whether the Scola case would be solved by now if the victim had been riding the Sizzler when she was killed.

Some eyebrows were raised recently when Mr. Conte seemed to politicize unsolved cases while giving a speech at a fund-raiser at the Holiday Inn. The veteran DA, who is seeking re-election next year, told the audience to "keep your eyes open" and pay attention to some of the older cases, because "you're going to see things happening" with some of them.

Many assumed he was referring to the high-profile Scola case, but some considered it unseemly that a district attorney was trying to gain political capital by dangling the prospect of a criminal indictment before voters.

In the meantime, rumors continue to swirl. The case is headed to the grand jury, according to one. There's a protected witness who was in the neighborhood the night of the killing, according to another. Detectives have long believed they have enough evidence to gain an indictment, some say.

A call placed to Mr. Conte's office Tuesday seeking information about the Scola investigation was answered hours later with a three-paragraph press release, e-mailed by administrative assistant Elizabeth Stammo, which essentially said that the investigation continues.

"Presently, advanced DNA testing is being conducted at both the Massachusetts State Police Crime Laboratory and an outside private laboratory to determine whether physical evidence gathered in the course of the investigation can provide a link to the perpetrator," the release said. "Once results are obtained, a determination will be made as to whether there exists sufficient evidence to present to a Grand Jury."

The release also said that Worcester police have "worked tirelessly" on the case. "Contrary to what recently has been implied, this investigation has not lain fallow. A significant number of investigative initiatives have been undertaken ... we all must be mindful of the heavy burden the government bears when it comes to proof sufficient to sustain a conviction."

In recent months, detectives have reinterviewed friends of Ms. Scola and colleagues at Worcester Juvenile Court. Her brother-in-law, Andrew Wailgum, said he believes police are working hard and he noted that investigators in Truro were able to make an arrest three years after Christa Worthington was killed.

"I personally am optimistic," said Mr. Wailgum, who is married to Ms. Scola's sister Catherine. "Look what happened in Truro. I think police know what they're doing and they're trying to put the best case together that they can. They seem committed and eager to resolve it."

Mr. and Mrs. Wailgum plan to attend the brief ceremony July 8, when Ms. Scola's colleagues will release the 35 balloons from the steps of Worcester Juvenile Court. The Wailgums also plan to plant tulips at Ms. Scola's grave at Notre Dame Cemetery, first passing the house at 3 Knox St. that Ms. Scola loved, where the new owners have hung purple impatiens from the porch and a whimsical flag of a smiling frog on a lily pad.

"The Fourth of July is supposed to be a happy time, but there's a cloud over it for us," Mr. Wailgum said. "My wife is a different person because of what happened and she's going to be affected by it for the rest of her life. Like so many others, she still has a lot of anger that the killer hasn't been brought to justice, that he's still walking around."

Dianne Williamson can be reached by e-mail at dwilliamson@telegram.com.

June 20, 2005

Cold case - It's time to transfer probe into Scola murder

Worcester Telegram & Gazette (MA)
COLUMN: IN OUR OPINION

With the third anniversary of the brutal stabbing death of Candace Allen Scola approaching, it is time for Worcester District Attorney John J. Conte to transfer the investigation - now well on its way to cold-case status - to another district attorney's office.

While not exactly routine, the transfer of a case from one jurisdiction to another is by no means an unprecedented step.

The lack of prosecution in the death of Ms. Scola, at age 32, understandably has been a source of growing frustration for her family and her former colleagues at Worcester Juvenile Court, where she was a judicial secretary. Her body, with multiple stab wounds, was discovered on July 5, 2002, in the kitchen of her home at 3 Knox St., although investigators say she likely was killed two days earlier.

Ms. Scola, estranged from her husband, lawyer Anthony J. Scola, had filed for divorce five months before her death.

Ms. Scola's family and others have questioned the role of the district attorney's office, with good reason. Mr. Scola had been an assistant district attorney, hired and supervised by Mr. Conte.

Whether that professional connection constitutes a true conflict of interest under Massachusetts statutes is an open question. However, the mere appearance of conflict would justify a decision by the district attorney to recuse himself, even were it not for the fact that the case is still open after three years.

Police and prosecutors are painfully aware that the window of opportunity for solving a murder begins to close after the first 24 to 48 hours. Three years after the fact, a new investigative team would face a daunting task.

But at minimum, the new team would be able to cast fresh eyes on the investigation to date, perhaps spotting avenues of inquiry not yet explored.

Somewhere on the loose, undetected and unprosecuted, the person who took Candace Scola's life walks free. The chance that a fresh set of prosecutorial eyes could make the breakthrough that gets the monster off the streets is one Mr. Conte should not miss.

February 26, 2005

Keeping score - Prosecution stats may be less than they seem

Worcester Telegram & Gazette (MA)

COLUMN: In our opinion

District Attorney John J. Conte has released his annual report, and to all appearances the office's performance was stellar.

The office prosecuted 469 cases in Superior Court last year, Mr. Conte reports, and chalked up 422 convictions - a 90 percent conviction rate.

However, fans of TV courtroom dramas may be surprised to learn that courtroom theatrics are the rare exception. Just 25 convictions were won in jury trials.

And of the 422 convictions, 406 came through plea agreements. For example, an accused murderer might be allowed to plead guilty to manslaughter, avoiding a full-blown trial, or a defendant facing multiple armed robbery charges might plead guilty to a single count.

Tellingly, 194 prosecutions - close to half of the total - involved drug charges. Of those, 171 defendants were convicted, and 88 got sentences of at least two years.

But the numbers tell only part of the story. Absent from the statistics are the unknown number of open cases in which no charges have been brought nor prosecution pursued.

Somewhere on the loose, undetected and unprosecuted, is a serial killer who targets prostitutes in Worcester. The predator who abducted and killed teenager Molly A. Bish of Warren in June 2000 walks free, as does the monster who fatally stabbed Candace Allen Scola, wife of a Worcester lawyer, in July 2002.

Perhaps the most perplexing of all is the case of little Marlon Santos, the toddler who vanished while in foster care in November 1998. No charges were ever lodged in connection with his disappearance and he has not been found.

Mr. Conte's conviction record makes impressive reading. Unfortunately, there are no statistics for prosecutions that, for whatever reasons, simply never occurred

Friday  January 7, 2005

Worcester magazine

THE SCOLA CASE ISN'T COLD YET: Word's in that last week, a Worcester Police Department detective was canvassing the Juvenile Courthouse, re-interviewing people who knew Candace Allen Scola, the Worcester woman who was murdered in July 2002. Those interviewed reportedly include a few workers in the judges' lobby as well as a court officer. The development is of interest, since police have yet to name a suspect in the high-profile slaying, though they have interviewed Scola's husband, local lawyer Anthony Scola. A number of law enforcement and legal sources surveyed this week say that the purpose of such interviews may be to jog witnesses' memories and see if any new information surfaces. The interviews might also be done by a detective not previously involved in the investigation in order to give a fresh perspective to the line of questioning, sources explain. Speaking on behalf of WPD Det. Mark Richardson, Worcester Police Department spokesman Gary Quitadamo says, "The investigation into [Scola's death] is ongoing at this time, as is normal in any investigation. The Worcester Police Department will continue to interview and re-interview any and all individuals that may possess information that may be relevant to that investigation." In the past, the WPD and District Attorney John Conte have maintained that despite the long time period since the crime, the investigation has remained active and that despite public perception, it is not a cold case. Quitadamo was unable to say whether detectives are close or closer to making an arrest in the case

Sunday, September 26, 2004

Parents losing faith in system

No arrests in slaying of Candace Scola

By Dianne Williamson

Police and prosecutors get only one shot, one chance to convince a jury. If the evidence isn't strong enough and the defendant's lawyers are good enough, an alleged killer could walk free.

Perhaps this is why more than two years have passed without an arrest in the killing of Candace Allen Scola, whose fatal stabbing in July 2002 continues to haunt those who loved her and who grow ever more impatient for closure.

But while police are quick to stress that the investigation continues, Ms. Scola's parents said they're frustrated and angry with the lack of progress in a case they had believed would be solved within days.

And they have some legitimate questions for District Attorney John J. Conte.

"How do they prosecute someone like Scott Peterson, but they can't do anything for my daughter?" asked Ms. Scola's father, James Allen, referring to the high-profile murder trial under way in California. "Circumstantial evidence is circumstantial evidence. Why not let a jury decide?"

The Allens also question why Mr. Conte hasn't referred their daughter's case to a different DA or police agency, because Ms. Scola's husband was once employed by Mr. Conte as an assistant district attorney.

"How much of a conflict does he need?" asked Ms. Scola's mother, Constance Allen.

Ms. Scola's body was found July 5, 2002, in the kitchen of her home at 3 Knox St. She had been stabbed repeatedly. In the days following the killing, friends and family were quick to tell police about the volatile relationship that the 32-year-old secretary shared with her estranged husband, criminal defense lawyer Anthony J. Scola, along with her fears that she'd be harmed and that the system would fail her.

Mr. Scola has said he did not kill his wife, but has acknowledged that her family believes otherwise. He has been interviewed extensively by police, who have searched his green BMW and taken photographs of his body.

Mr. Scola has told police that he was with his wife at 3 Knox St. until about 10:30 p.m. July 3, the date police believe she was killed. He told investigators that he cut his hands while installing an air conditioner at the home that day.

"I have a condition that runs in my family where I'm very thinned-skinned," he told me during an interview in July of 2003. "If I nick it, it cuts ... . In any case, police always look to the husband or boyfriend first. But I don't think there's anything that points to me."

Even some in the legal community have privately expressed surprise that Mr. Conte has not recused himself from the case or referred it to a neighboring agency, such as the Middlesex District Attorney's office. Noting that Mr. Conte hired Mr. Scola and was his supervisor in the district attorney's office, they say conflict-of-interest statutes deal not only with the question of whether a conflict exists, but whether there's an appearance of impropriety.

Questions posed to Mr. Conte last week were answered with a brief statement issued through spokeswoman Elizabeth Stammo: "We don't have the case. The Worcester police has it. And it's a very active investigation."

He may be technically correct that the Scola case remains in the hands of Worcester police, but detectives routinely review information with the district attorney's office. Mr. Conte has even assigned a senior assistant district attorney - Lawrence Murphy - to work the case.

Police are reportedly still waiting for DNA test results from the state police crime lab, more than two years after the crime. Regardless of what the tests reveal, Ms. Allen's parents wonder why the district attorney can't at the very least convene an investigative grand jury - similar to the one installed in the Molly Bish case - to review the evidence.

"I know things move slowly in the legal system, but this is ridiculous," Mr. Allen said last week from his home in Montville, Maine. "I've given up hope, more or less. It's frustrating, and at times it's depressing. You try not to think about it, but then the night comes ... and it's not a good feeling."

Mr. Scola's lawyer, Michael Wilcox, said he's not surprised that Mr. Conte has held on to the case.

"If this case got past a charge being filed, I think he would have referred it out," Mr. Wilcox said, noting that his client has not been charged. "The district attorney is not directing the investigation; the police do that."

Mr. Wilcox also said that public perception is often at odds with the facts of a case.

"People need to keep more of an open mind," he said. "To the layperson, they may appear to have a strong circumstantial case. But the police and DA know how to do their jobs. If the evidence was there, they would have charged him."

The Allens, meanwhile, say they have not spoken to police in months. And as another summer passes with no arrest, they say they continue to lose hope that their daughter's killer will ever be brought to justice.

"How do you think I feel as a father, knowing that the person who killed my daughter walks free while Candy rots in her grave?" Mr. Allen asked. "The law says I can't deal with it myself - so the law should do something."

July 10, 2004

Candace Scola's killer walks free

Two years later: No suspect, no answers and Anthony sold the house
By Chris Kanarakus

July, 2002. Something’s up, something big. It’s rare that so many hungry members of the local and statewide press are seen outside Worcester Police Department headquarters.
 

They’re waiting for an official briefing about one of the most sensational killings in the city’s history; that of Candace Allen Scola, wife of local lawyer Anthony Scola, who is in turn the scion of an influential area family.
Mrs. Scola’s bloodied body had been found a few days earlier. Only sketchy details had been released by police. At the blockhouse Worcester Police Department headquarters near Lincoln Square, it isn’t even clear who will give the briefing.
 

Finally, WPD Public Information Officer Sgt. Gary Quitadamo appears. For Quitadamo, the event is somewhat of a baptism under fire. He has only recently been assigned to that specific duty.
 

Putting it mildly, the press conference is so brief and anti-climactic that it must amaze the Boston reporters, who are accustomed to a police department that, while quite guarded about investigation details, is a lot more interactive with the press than ours. In the big city, they know how to feed the beast.
 

At that July press conference, Quitadamo didn’t — and to be fair, couldn’t — say much beyond, “I have no information on that,” despite the pressure from the reporters. Everyone asked a couple of questions, it became clear that there was no more story to be gained, and the gathering swiftly broke up.
 

As little as was said by the WPD then, less has been said since. Even the once-turbulent rumor mill has become still. The investigation sure seems to be stalled, to put it bluntly. That same press conference might as well be held today.

July 1, 2004

New investigation sought in Scola case -
No arrests made 2 years after slaying

Author: Chris Echegaray, Worcester Telegram & Gazette (MA)

WORCESTER -- With insufficient evidence to present to a grand jury two years after the violent death of Candace Allen Scola, her friends are wondering whether the case should be turned over to a new set of investigators.

Ms. Scola, who was a judicial secretary in the judge's lobby at Worcester Juvenile Court, was found July 5, 2002, stabbed to death in the kitchen of her home at 3 Knox St.

Her husband, Anthony J. Scola, a well-known local lawyer, was living at the time in an apartment.

Authorities have said Ms. Scola, 32, was stabbed multiple times. She had filed for divorce from her husband five months before she was killed. No arrests have been made.

Authorities believe she was most likely killed the evening of Wednesday, July 3. Her body was found two days later, when a friend went to the home.

It's an active case, but not one that authorities like to comment about, declining to talk about suspects and people who have been questioned.

District Attorney John J. Conte said that there is not enough evidence to bring to a grand jury, and that a senior prosecutor, Assistant District Attorney Lawrence Murphy, is working the case. He would not comment beyond that.

Three friends, colleagues of Ms. Scola who did not want their names used, yesterday said that a fresh set of eyes, new investigators offering different perspectives, may help to move the investigation forward.

``Why hasn't anyone been charged?'' asked a woman who worked with Ms. Scola in Juvenile Court. ``Why not turn the case over to other detectives? It has to be given the publicity it deserves, to the cold case files (television shows).''

Sgt. Gary J. Quitadamo, police spokesman, said that the case is still very much on the front-burner.

``This is not a cold case,'' the sergeant said. ``This is an active investigation, and we can't talk about possible suspects and individuals who have been interviewed and questioned.''

Detective Lt. Roger L. Steele, a veteran of the Police Department, said that any crime usually hinges on evidence but also on witnesses that may break the case.

``You still hope to develop something that will help you,'' he said. ``You just never know what each day will bring.''

Among others, detectives questioned Ms. Scola's husband -- as they would the spouse in any homicide investigation. Mr. Scola was not charged in connection with the death of his wife. He had told police cuts on his hands resulted from installing an air conditioner at the home.

Yesterday, Mr. Scola declined to comment.

Meanwhile, Ms. Scola's family is still dealing with anger and sadness.

``There is absolutely no closure,'' said Andrew Wailgum, Ms. Scola's brother-in-law. ``It really doesn't get any easier. It gets more difficult at times. For my wife, the family, this whole week becomes especially difficult.''

Mr. Wailgum, a Boston lawyer, became the family spokesman after the tragedy. He said that there is plenty of frustration and melancholy with his wife, Catherine Wailgum, and mother-in-law, Constance Allen, feeling the effects.

``It's both sadness and frustration,'' he said. ``On one hand, you want to have allies in the police and district attorney ... you also have to try to find ways to pressure police to get something done and not make waves.''

To deal with their loss, Ms. Scola's family has made contact with families dealing with similar tragedies, and who believe in using their circumstance to work toward a greater good.

Quietly, Mr. Wailgum said, the family has championed more efficiency at the state police crime lab. They were also in touch with legislators in support of a bill that would prevent accused or convicted murderers from profiting from killing a spouse.

``We know the lab is backlogged,'' he said. ``It's part of a larger issue. We were also calling legislators about the slayer statute -- if a spouse kills a spouse and are charged or convicted, they don't inherit anything.''

Mr. Wailgum said that the family has become acquainted with Krista Worthington's cousin, Jan Worthington. Ms. Worthington, a writer, was found dead in her home in Truro in 2002. Later that same year, Ms. Scola was slain. Jan Worthington is putting together a documentary of her cousin's death for HBO.

Locally, for Ms. Scola there is no documentary, but there are remembrances. The court staff is holding a memorial service next week.

At the juvenile courthouse off Highland Street, a glass-encased bulletin board has a picture of Ms. Scola holding a flower and a large blue ribbon next to her image.

Friends said yesterday that Ms. Scola confided details of her troubled marriage, which was well-chronicled in the judicial system.

Court records show the Scolas' relationship as volatile and violent even before the couple married April 28, 2000. There were restraining orders, assault charges and accusations from both parties of physical and emotional abuse.

``She would talk to us about it,'' said a friend who is on staff in juvenile court. ``We knew what was going on.''

Her friends don't want the investigation or the interest surrounding Ms. Scola's death to wane.

``We need fresh eyes to look at this,'' they said yesterday afternoon. ``We think of her all the time. Everybody does.''

A memorial service for Candace Allen Scola will be held in front of the World War I Morial at Lincoln Square at 8:45 a.m. next Thursday.

Chris Echegaray can be reached by e-mail at cechegaray@telegram.com. 

June 10, 2004

•SCOLA SELLS THE HOUSE: Local lawyer Anthony Scola has sold the Knox Street house owned by he and his late wife, Candace Allen Scola, for $225,000, public records show. Other records show an Anthony Scola has purchased property in Holden. Candace Scola was murdered in the house in July 2002. A suspect has not yet been named by police, but Scola himself was interviewed by detectives early in the investigation. Previously, Candace Scola’s sister Catherine Wailgum tried unsuccessfully to block Anthony Scola’s ownership of the house. In a brief interview, Anthony Scola would only say, “It’s a real estate transaction. I have no comment.” One of the home’s new owners, whose name we are withholding in the interest of their privacy, indicates awareness of the home’s history. Wailgum says, “It’s troubling that he’s [Anthony Scola] profiting from the home, but in some ways it’s a relief, because I don’t have to hear [about it] anymore.”

September 19, 2003

Motion for escrow dismissed in probate - Mrs. Scola's insurance not estate asset

Martin Luttrell, Worcester Telegram & Gazette (MA)

WORCESTER -- A judge has dismissed a motion filed on behalf of an insurance company that sought to hold in escrow some $10,000 in life insurance benefits of the late Candace (Allen) Scola while her death is being investigated.

Worcester Probate and Family Court Judge Gregory V. Roach dismissed the motion filed in July on behalf of Unum Life Insurance Co. of America.

``These issues are not within the scope of the probate court's jurisdiction,'' Judge Roach wrote in his Aug. 27 decision. The life insurance policies, he wrote, ``are not an asset of the probate estate, and not a matter within the court's jurisdiction.''

During an Aug. 21 hearing on the motion, Timothy C. Coughlin, the lawyer representing Unum Life Insurance, told the judge the company wanted the court to decide what to do with the benefits while police determine who stabbed Mrs. Scola to death. Although police have not named her husband, Anthony J. Scola, nor anyone else as suspects, Mr. Coughlin pointed out that police have investigated Mr. Scola and have not ruled him out in the slaying.

A state law that went into effect in March, known in the legal community as the ``slayer statute,'' prohibits someone responsible for the death of another by murder or manslaughter from taking the estate of the deceased.

Mr. Coughlin said Unum Life Insurance's motion to place the benefits in an escrow account supervised by the court would prevent the company from multiple liability, or paying the beneficiary, then Mrs. Scola's estate, if the sole listed beneficiary is later charged in the death.

Because Mr. Scola has not been charged in his wife's killing, ``The statute is inapplicable in the court's administration of the estate of Candace Scola,'' the judge wrote.

Mr. Coughlin could not be reached by telephone for comment yesterday. He said earlier if the motion were to be denied in probate court, it might be refiled in another court.

Michael C. Wilcox, Mr. Scola's lawyer, said the company will pay the full policy. He was unsure if he would pursue damages against the company, as he had threatened after the Aug. 21 hearing.

``That's being considered,'' he said. ``Mr. Scola didn't go into this to make money, but he believes the insurance company withheld payment without justification. He's weighing his options.''

Mrs. Scola was found dead in the kitchen of her 3 Knox St. house on July 5, 2002.

Friends and family have described the Scolas' relationship as volatile, marked by frequent, violent quarrels and trips to Worcester Probate Court, where each sought restraining orders against the other. Mrs. Scola had filed for divorce five months before she was killed.

A neighbor said she saw Mr. Scola mowing the lawn at 3 Knox St. on the afternoon of July 3 while his wife briefly tended the garden. Mr. Scola later told police he was at the home until 10:30 that night.

Mr. Scola was questioned hours after the discovery of his wife's body and told police he had cut his hands installing an air conditioner at the house. Police have not pinpointed the time of death, but believe Mrs. Scola could have been killed as early as two days before her body was discovered.

August 22, 2003

Judge weighs Scola insurance case

Martin Luttrell,  Worcester Telegram & Gazette (MA)

WORCESTER -- A Probate Court judge took under advisement yesterday a motion to hold in escrow the $10,000 life insurance benefits of the late Candace (Allen) Scola, whose July 2002 killing has not been solved.

Meanwhile, Michael C. Wilcox, the lawyer for Anthony J. Scola, Ms. Scola's husband and sole listed beneficiary, said he may sue Unum Life Insurance Co. of America for triple damages and legal fees for not paying the benefits directly to Mr. Scola.

Timothy C. Coughlin, the lawyer representing Unum Life Insurance, told Judge Gregory V. Roach that the company wanted the court to decide what to do with the benefits while police determine who stabbed Ms. Scola to death. Although police have not named Mr. Scola, nor anyone else, as suspects, Mr. Coughlin pointed out that police have investigated Mr. Scola and have not ruled him out in the slaying.

A state law that went into effect in March, known in the legal community as the ``slayer statute,'' prohibits someone responsible for the death of another by murder or manslaughter from taking the estate of the deceased.

Mr. Coughlin said Unum Life Insurance's motion to place the benefits in an escrow account supervised by the court would prevent the company from multiple liability, or paying the beneficiary, then Ms. Scola's estate, if the sole listed beneficiary is later charged in the death.

Judge Roach questioned why the motion was filed in Probate Court rather than district or superior court. Mr. Coughlin replied that he thought it would be more economical to file the matter as a motion in an existing probate matter pertaining to Ms. Scola's estate.

``The company learned that there had been a dispute over the home,'' Mr. Coughlin said, referring to the home at 3 Knox St., where Ms. Scola was found dead on July 5, 2002. The couple had fought over ownership of the house, and after Ms. Scola's death, her sister, Catherine Wailgum, acting on behalf of her estate, tried unsuccessfully to block Mr. Scola's ownership of the house.

``Unum thought it would be prudent to interplead in this case,'' Mr. Coughlin said. ``Unum is a disinterested stakeholder.''

But Mr. Wilcox argued that the insurance company's motion was unwarranted.

``For Unum to come in and say that they want to withhold payment because he has not been ruled out is absurd,'' he said. ``The Worcester police have said he is not a suspect. This is not the appropriate forum. I think it's outrageous.

``I don't see any testimony or indictment charging him. If they reviewed the (probate) record they would see there is no dispute (over ownership of the house). Mr. Scola is the owner of the property. What they're doing is unfair.''

Attorney Robert G. Lian, who has represented Ms. Scola's estate in the previous probate matter, agreed that a decision over what to do with the insurance benefits could be handled in Probate Court because it is an equity matter. But Judge Roach said the benefits were a contractual matter, and not part of the estate, to which Mr. Wilcox agreed.

``The slayer statute requires that someone be charged before the payment is withheld,'' Mr. Wilcox said. ``What they're doing is absurd. What are they going to do, put the money into an account for 14 years, when Worcester police give up the ghost and says they don't know who did this?''

After the judge took the matter under advisement, Mr. Wilcox said he expects the motion to be denied ``Then we will sue Unum for triple damages and legal fees,'' he said.

Mr. Coughlin said that a year after Ms. Scola's unsolved death the company wanted to pay the money, but wanted the court to decide where it should go. ``We thought this would be the place to resolve it,'' he said. ``Mr. Scola's attorney thinks differently.''

Friends and family have described the Scolas' relationship as volatile, marked by frequent, violent quarrels and trips to Worcester Probate Court, where each sought restraining orders against the other. Ms. Scola had filed for divorce five months before she was killed.

A neighbor said she saw Mr. Scola mowing the lawn at 3 Knox St. on the afternoon of July 3 while his wife briefly tended the garden. Mr. Scola later told police he was at the home until 10:30 that night.

Police have said they are awaiting the results of forensic tests. Mr. Scola was questioned hours after the discovery of his wife's body and told police he had cut his hands installing an air conditioner at the home. Police have not pinpointed the time of death, but believe she could have been killed as early as two days before her body was discovered.

August 20, 2003

Order sought to hold funds in Scola case - Appeal on life policies

Martin Luttrell,  Worcester Telegram & Gazette (MA)

WORCESTER -- A Probate Court judge will hear a request tomorrow to place the $10,000 proceeds of two group life insurance policies of the late Candace Allen Scola into escrow pending the outcome of the criminal investigation into her killing.

The motion, filed last month on behalf of Unum Life Insurance Co. of America, asks that the court instruct the insurance company to place the $10,000 into an account to be supervised by the court.

Ms. Scola, 32, was found stabbed to death on the kitchen floor of her home at 3 Knox St. on July 5, 2002. She had filed for divorce from her husband, Anthony J. Scola, a few months before her death. Mr. Scola was listed as the sole beneficiary of a $5,000 group life insurance benefit, as well as a $5,000 accidental death and dismemberment benefit, from policies Ms. Scola had through her job as a judge's secretary in Juvenile Court.

Friends and family have described the Scolas' relationship as volatile, marked by frequent, violent quarrels and trips to Worcester Probate Court, where each sought restraining orders against the other. Ms. Scola had filed for divorce five months before she was killed.

After her death, Ms. Scola's family sought unsuccessfully in court to bar Mr. Scola from ownership of the home.

No arrest has been made in the case, and police have said Mr. Scola has cooperated with them. Detectives have also said that he is not a suspect in the case.

But in his filing on behalf of Unum Life Insurance, lawyer Timothy C. Coughlin of Portsmouth, N.H., contends that Mr. Scola is still under investigation and has not been ruled out in the case. Mr. Coughlin cited a state law that prohibits one charged in the unlawful killing of another from taking any part of the deceased's estate.

The insurance company is trying to avoid paying out the benefit, then being sued by Ms. Scola's family if Mr. Scola were to be charged in her death.

``There's at least enough of a dispute between the two camps so that what Unum wants to avoid is dual claims,'' Mr. Coughlin said. ``We base it on the fact that there is a pending investigation, and he has not been ruled out.

``It may be that he's guilt-free. What the law prevents is the party causing the death of the insured from collecting proceeds. We don't have a person charged, but we have a person under investigation.''

Mr. Scola's lawyer, Michael C. Wilcox, said the insurance company has no grounds to ask the court to place the funds in escrow, and should simply award them to Mr. Scola. He added that he does not view the motion as a common practice.

``I don't know what business it is of the insurance company,'' he said. ``I don't know where they are getting their information from. They seem to be saying he's a suspect.

``I do know they didn't even know how to file this. I'm not sure what to expect on Thursday ... I don't know what basis they have to do this. It should be paid forthwith. I will ask that the court deny this.''

Mr. Coughlin said Unum Life Insurance does not care who receives the benefits, but wants to avoid having to pay what it refers to as multiple liability, or paying benefits to Mr. Scola, then another entity, perhaps Ms. Scola's family.

They had no comment on the matter.

July 10, 2003

Scola maintains innocence - `Lonely, tough year' since wife's slaying

Dianne WILLIAMSON, Worcester Telegram & Gazette (MA)

Anthony J. Scola sat behind the desk of his modest law office, tucked off a dark, narrow hallway on the second floor of 47 Harvard St., just blocks from where 34 balloons were released hours earlier to commemorate the 34th birthday of his late wife.

He had just returned from a leisurely lunch with his 16-year-old son, A.J., to whom he is devoted. The mantel in his office is covered with pictures of A.J. playing hockey for Worcester Academy, clutching a football, draping his arm around the shoulder of his proud father.

``The one thing I've always tried to do is make sure my son is protected from this as much as possible,'' Mr. Scola said. ``It's been difficult to do. But you have to teach your children that life isn't always easy, and when things get hard, it shows your true worth as a person.''

Yesterday, in his first interview since his wife was stabbed to death last July in the couple's home at 3 Knox St., Mr. Scola said he's had a ``lonely and tough'' year in which he's been grateful to family and friends who have stood by him amid suspicions of his role in his wife's death.

Asked point blank yesterday if he killed Candace Allen Scola, Mr. Scola said, ``Absolutely not.'' But he acknowledged what his own lawyer publicly stated last November -- Ms. Scola's family is far from convinced of his innocence.

``Whatever I say isn't going to change their opinion,'' he said. ``They have a right to their opinion. ... The reason I haven't said anything before is because you can't control what people say or write about you.''

And much has been said and written about the 46-year-old criminal lawyer since his wife of two years was found stabbed to death July 5, 2002, in the kitchen at 3 Knox St. In the days after her killing, friends and family described a volatile relationship characterized by frequent, violent quarrels and trips to Worcester Probate Court, where each sought restraining orders against the other. Ms. Scola had filed for divorce five months before she was killed.

These days, Mr. Scola and A.J. -- the son from his first marriage -- are living in the home that was the subject of so many quarrels between him and his wife, who had claimed that the house belonged solely to her. After her death, Ms. Scola's family sought unsuccessfully in court to bar Mr. Scola from ownership of the home.

Yesterday, Ms. Scola's brother-in-law questioned how Mr. Scola could live at 3 Knox St.

``We don't understand how he can live in that house,'' said Andrew Wailgum, who is married to Ms. Scola's sister, Catherine. ``His wife was brutally killed there. How can you eat breakfast at the table next to where your wife died?''

Mr. Scola said he has ``no simple answer'' to Mr. Wailgum's question, but said his late wife's family made it difficult to sell the house. It had been on the market and on deposit, but Mr. Scola claimed that the buyers backed out because of the ownership dispute. The house is no longer on the market, he said.

Last November, Mr. Scola's lawyer said Ms. Scola's family was motivated by emotion and grief over the killing.

``They're evidently convinced that Anthony Scola murdered Candace Scola, and if they're thinking that, it's killing them that he's allowed to go about his business,'' said Louis Aloise.

Police continue to remain tight-lipped about their investigation, which has yielded no arrests. They have said that Ms. Scola was stabbed repeatedly, probably July 3, although her body wasn't discovered until two days later.

Mr. Scola said he and his wife were attempting to reconcile at the time of her death. He said he spent the day with her July 3 at Knox Street, and that the couple walked down the road to watch some fireworks that evening. He said he left about 10:30 p.m. to return to the apartment he was living in at the time; a friend found her body two days later.

On July 5, Mr. Scola was sitting at the bar at Cactus Pete's when police walked in and asked him to come outside, where they told him his wife had been killed, he said.

``I was stunned,'' he said. ``I was absolutely stunned ... I think there was a guardrail or something, and I sat on it for several minutes. I asked them how, but they were very vague about everything.''

Mr. Scola has been interviewed several times by police, who have obtained warrants to search his green BMW and photograph his body. Yesterday, he was asked about his statement to police that he sustained scratches on his hands July 3 while installing an air conditioner at 3 Knox St.

``I have a cut now,'' he said, holding out his left hand. ``I have a condition that runs in my family where I'm very thin-skinned. If I nick it, it cuts. ... In any case, police always look to the husband or boyfriend first. But I don't think there's anything that points to me. I've done whatever the police have asked.''

Asked if he had any idea who killed his wife, he said he did not.

``You'll have to ask the police,'' he said. ``It wouldn't be appropriate to speculate.''

He said he did not believe his wife had been seeing another man, and he maintained that he and Candace Scola would be together today if she were alive.

``In a lot of ways, it's been a lonely and tough year,'' he said. ``I miss Candy. It's hard for people to understand. Candy had a lot of very nice qualities. ... She was an extremely nice person. She was loving and gentle. I won't go into her problems, because I don't want to incite her family.''

In their first public comments since their daughter's death, James and Constance Allen said they believe they know who killed their daughter and believe the police are working hard to make an arrest. They have not spoken to Mr. Scola since days after the killing, they said.

``My husband suffers so much because he feels like he didn't protect his daughter,'' said a tearful Mrs. Allen, of Montville, Maine. ``Whoever killed her must be living a heck of a life, because I'm living no life at all. I don't know how parents survive this ... but hatred breeds discontent and I don't want to have hate in my body. I ask God to take it away from me.''

Yesterday, on what would have been her 34th birthday, Ms. Scola's colleagues from Worcester Juvenile Court released 34 blue balloons into the morning sky. They remembered the judicial secretary as a kind, loving woman who was struggling with her personal life. Later, friends and family said the irony of her death is inescapable, because Ms. Scola had repeatedly expressed frustration and fear that the justice system would fail her.

``She would be involved in court matters and she always said, `There'll be no justice for me,' '' said Lisa Joubert, a fellow judicial secretary. ``She had no faith in the justice system at all.''

Her brother-in-law agreed.

``Candy always felt wronged by the system,'' Mr. Wailgum said. ``Hopefully, it won't be a pattern. We're confident that justice will move slowly, but it will arrive.''

Mr. Scola, meanwhile, said he's slowly putting his life back together. He said his law practice suffered in the months after the slaying, but is becoming busier because of referrals from family and friends. He said he spends most of his time at home with his son and rarely goes out.

And he disputed claims from Ms. Scola's family and friends that he was a hot-tempered, controlling husband, saying he mourns the wife he loved and is hopeful that police will arrest her killer.

``I loved Candy very much and I was very good to Candy,'' Mr. Scola said. ``I took the good with the bad. You can't understand what I've been through unless you've walked in my shoes. It's hard to be involved in a tragedy. It affects everything in your life, and nothing is positive.''

Dianne Williamson can be reached via e-mail at dwilliamson@telegram.com.

July 10, 2003

Friends remember Candace Scola - Balloons mark 34th birthday

Martin Luttrell, Worcester Telegram & Gazette (MA)

WORCESTER -- A year ago they stood on the steps of Juvenile Court to remember their friend and co-worker. Saddened and angry, they held grimly to the belief that the killer of Candace Allen Scola would be quickly brought to justice.

Yesterday, a year later, on what would have been Ms. Scola's 34th birthday, her former co-workers held a brief vigil and released 34 light blue balloons as a recording of LeAnn Rimes' ``Please Re- member'' played softly against the harsh sounds of traffic in Lincoln Square.

Shortly before 9 a.m., the group of about 25 people filed from Juvenile Court across Grove Street to the Remembrance Garden next to the World War I monument. There, they stood in front of a gray stone etched with the name of Candace Allen and inscribed, ``In the Arms of the Angels.''

``We've all gathered here as friends and colleagues on Candy's 34th birthday. Candy meant a lot to all of us,'' said Juvenile Court Judge Jan Najemy, for whom Ms. Scola worked as a secretary. ``Even after a year, her killer has not been brought to justice. I want to go on record as saying that we will be here every year on July 9 until he or she is brought to justice.

``... I fervently hope that we're not here next year on July 9.''

Judge Carol Erskine, also of the Juvenile Court, said that the gathering was to celebrate Ms. Scola's life.

``We should celebrate her life on her birthday,'' she said. ``She was full of life. We all have faith in the justice system. We're all part of it. We have to let it work.''

After a moment of silence, each person released balloons tied with blue and white ribbons. As the recorded song lyrics recalled bittersweet memories of devotion and separation, the balloons formed a rising pattern of black dots shifting against the gray overcast.

``We still have hope,'' said Lisa M. Joubert, her eyes red with tears.

Ms. Scola was found stabbed to death on the kitchen floor of her house at 3 Knox St. on the afternoon of July 5, 2002, by a friend who had stopped by to visit. No arrests have been made, and police have interviewed numerous people, including her husband, Anthony J. Scola, from whom she was seeking a divorce.

Mr. Scola has said that he had nothing to do with his wife's death, and police have said that he has cooperated with them in the investigation.

As the gathering broke up, court maintenance man Victor Bovenzi pointed to a squarish piece of banded gneiss inscribed with the name of Candace Allen among the pansies, lilies and other rocks painted with the names of homicide and vehicular homicide victims.

Mr. Bovenzi had been unsuccessful in his search for a stone to place in the garden for Ms. Scola when he happened upon the blank piece of gneiss.

``It was right on the ground,'' he said. ``It was right next to the door, the entrance to Juvenile Court. I don't know why someone didn't throw it away. I had been going to monument companies looking for a piece of broken stone, hoping someone could help us out by engraving it.

``This was just lying there.''

June 29, 2003

Anniversary of Scola murder nears - Investigators remain tight-lipped about case

Martin Luttrell, Worcester Telegram & Gazette (MA)

WORCESTER -- In the days after Candace M. (Allen) Scola was found stabbed to death in her Knox Street home, family and friends hoped police would be able to quickly bring her killer to justice.

Yellow police crime scene tape sealed off the light brown Colonial Victorian house at 3 Knox St. for more than a month while investigators examined evidence and followed leads. Ms. Scola's estranged husband, criminal defense lawyer Anthony J. Scola, was closely looked at, and the couple's history of domestic troubles publicized.

Ms. Scola was found by a friend lying on the kitchen floor on July 5, 2002. Police said that she died of multiple stab wounds to the chest, and that there was no sign of forced entry. No murder weapon had been found as of the end of last August, and police will not say if such a weapon has since been discovered. The time of her death could have been as early as July 3, police have said.

Ms. Scola, a secretary in Worcester Juvenile Court, would have turned 33 a few days after her murder.

The Worcester County Courthouse, where Mr. Scola worked, was rife with rumors of a pending arrest in the case, which never came. Although police have released little information about the case, they have said Mr. Scola is cooperating with investigators and is not a suspect. One of his lawyers, Michael C. Wilcox, said that despite his client's innocence Mr. Scola has lived under a cloud of suspicion for a year.

Over the past year police have disclosed little information about the investigation, and still decline to discuss the case.

``This is still an active investigation,'' said Detective Capt. Paul F. Campbell. ``What we have developed or haven't developed are things that will be for the district attorney's office to look at. I'm not going to get into a give and take on this.

``This has been a prominent case, a notable case. It gets to the point where we get information from various sources and put it together. It could go on ad infinitum.''

Andrew Wailgum, who is married to Ms. Scola's sister, Catherine, said Worcester police have been in contact regularly through the investigation, and that he is satisfied with their progress, despite the lack of public comment.

``Obviously, we would like to have had an arrest by now,'' he said. ``The police and the district attorney are doing everything they can. They are working it hard. I know they are looking at DNA evidence, certainly.

``A lot has to do with the resources available. If you followed the cases of Molly Bish or Christina Worthington (in the Cape Cod town of Truro), you know the process takes a certain amount of time. There is a fair amount of evidence being processed, and that takes time.''

He said the family will hold a private memorial service on the anniversary date of Ms. Scola's death. Another for friends in the Worcester area will be scheduled later in July or early August.

``Every time the July 4th holiday comes, for the family, it will be linked to this,'' Mr. Wailgum said.

``We're just trying to stay positive and optimistic. We know something will happen. They haven't bungled the investigation. My sense is they know who did it. It's a matter of collecting evidence. That takes time,'' he said.

Mr. Scola has been interviewed by police several times and, through his lawyers, has maintained his innocence. During one interview he told police he had been at the house on Knox Street until 10:30 the night of July 3 and had sustained scratches on his hands installing an air conditioner.

Several days later police obtained a warrant to search his green BMW sedan and photograph his body for possible evidence. He has not been asked to take a lie detector test, and has not been contacted by police for about three months, according to Mr. Wilcox.

The relationship of the Scolas, including the years before their marriage, has been described by friends and family -- as well as in court documents -- as volatile, with each accusing the other of violence and emotional abuse.

According to acquaintances and court records, much of the couple's fighting was over finances and ownership of the Knox Street house, which was purchased in Ms. Scola's name. More than two years before their marriage in April 2000, the Scolas obtained restraining orders on each other. Charges of assault and battery and assault and battery with a dangerous weapon (a pen) against Ms. Scola were dismissed in Central District Court in April 1998.

In February 1999, Mr. Scola was charged with assaulting and threatening Ms. Scola. Those charges were later continued without pleas or findings for six months.

In February of last year, Ms. Scola filed for divorce on the grounds of cruel and abusive treatment. Mr. Scola then filed an answer to the complaint and a counterclaim for divorce alleging cruel and abusive treatment on his wife's part. Ms. Scola was again charged with assault and battery against her husband on Feb. 18 of last year. That case, and the divorce, were pending at the time of her death.

Mr. Scola has moved back into the house, and a legal battle over the validity of the deed he holds to the house was resolved in his favor. Although the house was briefly on the market, Mr. Wilcox said the house is not for sale.

``This is a tragedy, and the thing that makes it even more difficult is that he has lived under an air of suspicion for a year now,'' Mr. Wilcox said. ``He's trying to raise a family and live his life.''

Mr. Scola has a son, Anthony J. Scola III, from a previous marriage. Mr. Wilcox declined to say if the teenager is living at the Knox Street home, saying he wishes to shield him from publicity. Meanwhile, Mr. Scola's life and practice have not recovered from the loss of his wife and the lingering suspicion.

``He had no complicity. He lost a loved one. His entire practice slowed,'' Mr. Wilcox said.

``He's a very good lawyer. Those suspicions exist, and have hurt his practice a great deal. It could be years before this is resolved. I'm assuming the Worcester police have done their usual professional job ... They are professional, they do a good job,'' he said.

However, publicity surrounding the case has focused on Mr. Scola, Mr. Wilcox said. ``He's not a suspect, he's the only suspect. I'd like to see him get his name back.''

``He will mark her passing privately. To do otherwise might make some people upset.''

Neighbors had little to say about the case, other than wondering when an arrest might take place.

``All the hype about it died down,'' said a young woman in the Hadwen Park Market, around the corner from the Scola household. ``Now that a year is coming, people are talking a little.

``It's not that we feel less safe. I don't feel any less safe,'' said the woman, who declined to give her name. ``There's kind of a weird vibe. I don't know what happened there. I get that feeling when I walk by the house.''

Martin Luttrell can be reached via e-mail at mluttrell+Atelegram.com.

June 14, 2003

Judge grants Scola house ownership - Deed to disputed slaying site said to be valid

Gary V. Murray, Worcester Telegram & Gazette (MA)

WORCESTER -- A deed transferring ownership of the Knox Street home where Candace M. Scola was killed last year from Mrs. Scola to her and her husband, Worcester lawyer Anthony J. Scola, is valid, a judge has ruled.

Worcester Probate and Family Court Judge Gregory V. Roach has dismissed a suit filed by Catherine E. Wailgum, Mrs. Scola's sister and administrator of her estate, challenging the validity of the deed for the home at 3 Knox St., where the 32-year-old Mrs. Scola was found stabbed to death July 5.

No arrests have been made in the slaying, which remains under investigation.

Mr. Scola recorded the deed, dated June 26, 1999, about a month after his estranged wife was killed, and he later put the home up for sale.

Ms. Wailgum filed a suit in September that challenged the validity of the deed, asked that it be set aside and alleged that the conveyance of the property was improper.

Initially, Ms. Wailgum charged that her sister's signature on the deed was fraudulent. She later withdrew that allegation, stipulating that the signature was not a forgery. She continued to maintain, however, that the deed hinged on a written agreement between Mr. and Mrs. Scola and that Mr. Scola had failed to satisfy certain conditions of the pact.

Because Mr. Scola did not fully comply with the provisions of the agreement, Ms. Wailgum alleged, the property should remain in the name of her sister, individually.

Mr. Scola testified at a November hearing that he satisfied all conditions of the agreement, which, among other things, placed financial obligations on him and required that he attend counseling sessions with his wife.

Mrs. Scola filed for divorce Feb. 19, 2002.

In response to Ms. Wailgum's suit, Mr. Scola filed a motion for summary judgment, a judgment in his favor based on the pleadings in the case and without the necessity of a trial.

Judge Roach allowed the motion in a written decision issued Tuesday. In dismissing Ms. Wailgum's suit, Judge Roach found that the agreement between Mr. and Mrs. Scola had no legal bearing on whether the deed for the Knox Street property was valid or not. He further found that the deed ``complies with the requirements for a valid deed.''

In April, Mr. Scola filed a motion in U.S. Bankruptcy Court to reopen his 1999 Chapter 7 bankruptcy proceeding and void an attachment placed on the pending sale of the Knox Street property by his ex-wife, Laurie Lopez.

Ms. Lopez charged that Mr. Scola never made full payment of her share of the couple's estate in connection with their 1989 divorce. Mr. Scola sought to have his ex-wife belatedly listed as a creditor in the bankruptcy case to discharge the debt.

Michael C. Wilcox, one of Mr. Scola's lawyers, said yesterday that Mr. Scola had reached a settlement with Ms. Lopez and had withdrawn his request to reopen the bankruptcy.

May 6, 2003

Scola seeks to reopen bankruptcy - Reversal could void debt to former wife

Dianne Williamson, Worcester Telegram & Gazette (MA)

What a difference a debt makes.

It seems like just yesterday that lawyer Anthony Scola was vigorously opposing efforts to reopen his 1999 bankruptcy proceeding. Now, five months after a judge agreed that the case should stay closed, Mr. Scola wants it reopened.

On April 28, Mr. Scola filed a motion in U.S. Bankruptcy Court to reopen his Chapter 7 bankruptcy proceeding and also to void an attachment placed on the pending sale of his house by his ex-wife, Laurie Lopez.

Mr. Scola wants his ex-wife belatedly listed as a creditor in the proceedings, essentially so he can discharge a debt he's owed her since 1992.

The embattled local lawyer has been busy in the bankruptcy and probate courts since his estranged wife, Candace Allen Scola, was killed last summer in the house the couple shared at 3 Knox St. After her death, Mr. Scola put the three-bedroom house on the market and it's now on deposit, according to Trust of New England, the listing agent. The asking price was $189,900.

But now his first wife, Ms. Lopez, has come forward, saying Mr. Scola never made full payment of her share of the couple's estate. According to their divorce proceedings, Mr. Scola was ordered to pay $44,000 to his ex-wife, whom he divorced in 1989.

After learning of the pending home sale, Ms. Lopez recently asked that Worcester Probate Court place an attachment on 3 Knox St. against the proceeds of the house's sale. Ms. Lopez is seeking $34,000 plus interest, bringing the total to $80,000.

In response, Mr. Scola claimed in a debtor's motion to U.S. Bankruptcy Court that he ``inadvertently omitted'' his ex-wife's name from a list of creditors when he filed for bankruptcy in April of 1999. Mr. Scola's debts were discharged in July of 1999.

``The debtor is simultaneously filing herewith motions to re-open his bankruptcy case and to add Lopez as a creditor,'' his motion says. ``Because the underlying debt arose prepetition, and is dischargable, the attachment obtained post-petition is void.''

His latest legal move came five months after Mr. Scola's former Chapter 7 trustee sought unsuccessfully to have his bankruptcy case reopened. The trustee argued that Mr. Scola failed to truthfully represent his ownership of the house he shared with Candace Scola when he testified at his bankruptcy hearing that Mrs. Scola bought the house. Mr. Scola had told Worcester Probate Court that he bought the house.

Ironically, in his motion last November opposing the reopening of his bankruptcy case, Mr. Scola argued that too much time had passed.

``The time within which the trustee could seek revocation of Mr. Scola's discharge expired in calendar year 2000, more than two years prior to the pending motion,'' his lawyer wrote in November of 2002. A month later, a bankruptcy court judge denied the motion to reopen the case.

Ms. Lopez, a teacher who lives in Hebron, Conn., declined to comment. Contacted yesterday at her Worcester law office, her lawyer said Ms. Lopez will oppose Mr. Scola's recent motion.

``In November of 2002, Mr. Scola successfully opposed the reopening of his bankruptcy proceeding,'' said Nicole Caprioli of the law firm of Christopher, Hays, Wojcik & Mavricos. ``Now when it suits his purpose, he is requesting that the bankruptcy case be reopened in an attempt to avoid paying the monies owed to Ms. Lopez ... Now Mr. Scola ignores the time lapse issues and brings a motion to reopen his bankruptcy even though it was closed almost four years ago. His positions are completely contradictory, with the only apparent motivation being his desire to enrich himself by discharging a valid and legitimate debt he owes to his first wife.''

Mr. Scola declined to comment, referring questions to his bankruptcy lawyer, David Nickless. Mr. Nickless did not return phone calls yesterday.

Ms. Caprioli said her client has been waiting since 1992 to receive money Mr. Scola owes her.

``Now that Mr. Scola has assets which he can use to pay his obligation, he's attempting to use the court to discharge that obligation,'' Ms. Caprioli said.

In another legal matter involving 3 Knox St., Candace Scola's sister has asked Worcester Probate Court to nullify a deed transferring title to the Knox Street property from Mrs. Scola to Mr. and Mrs. Scola jointly. Mr. Scola recorded the deed, dated June 26, 1999, about a month after his wife was killed. That suit is still pending.

Mrs. Scola, 32, was found stabbed to death in the home July 5. During the Scolas' brief marriage, the couple fought repeatedly over ownership of 3 Knox St.

Police have made no arrests in the killing and say the investigation is continuing.

Dianne Williamson can be reached via e-mail at dwilliamson@telegram.com.

January 16, 2003

Sale listing leaves off mystery - High-profile house scene of Scola slaying

Dianne Williamson, Worcester Telegram & Gazette (MA)

As the red-hot housing market cools off a bit, we offer a pair of unrelated real estate items involving unusual home sales.

It's described as a three-bedroom, two-bath Colonial Victorian. The listing includes the house size, acreage and the fact that it features wood floors in the living room and baseboard heat in the master bedroom.

What's not noted by the Realtor is that the house now offered for sale was the scene of the still-unsolved Candace Scola slaying, one of the most high-profile cases in the city.

The house at 3 Knox St. that was the subject of so much discord between Candace and Anthony Scola was put on the market earlier this month by Mr. Scola, a local lawyer who was estranged from his wife when she was stabbed to death last summer. The selling price is $189,900.

``It's a great house,'' said Jane O'Connor of Trust of New England, the listing agent. ``It's beautiful. We've had really good activity.''

Mrs. Scola, 32, was found stabbed to death in the home July 5. During the Scolas' brief and stormy marriage, the couple fought repeatedly over ownership of 3 Knox St.

In November, a judge lifted a temporary restraining order that prohibited Mr. Scola from selling, conveying or mortgaging the house. The order was issued in connection with a lawsuit filed by Mrs. Scola's sister, Catherine E. Wailgum, as special administrator of Mrs. Scola's estate.

The suit, which is still pending, asks the court to nullify a deed transferring title to the Knox Street property from Mrs. Scola to Mr. and Mrs. Scola jointly. Mr. Scola recorded the deed, dated June 26, 1999, about a month after his estranged wife was killed.

Yesterday, Mrs. Scola's brother-in-law said the family was shocked to learn that the house is on the market.

``Neither Mr. Scola nor his lawyers informed us that the house is for sale,'' Andrew Wailgum said. ``It was always our understanding that he wanted to live in the house. Also, the estate's lawsuit is still active and ongoing.''

Mr. Scola is living with relatives and likely put the house on the market because of financial pressures. While police have identified no suspects in the case, Mr. Scola acknowledged at a probate court hearing in November that his law practice has suffered as a result of the publicity surrounding the case.

Mr. Scola's lawyer, Michael Wilcox, said his client has every right to sell the house.

``I know that he's back to work and hoping that this matter is resolved, and he's simply trying to survive at this time,'' Mr. Wilcox said.

In a separate legal matter involving Mr. Scola, a U.S. Bankruptcy Court judge recently denied a motion by Mr. Scola's former Chapter 7 trustee to reopen his bankruptcy case.

The trustee argued that Mr. Scola failed to truthfully represent his ownership of the house he shared with his wife when he testified at his bankruptcy hearing in 1999 that Mrs. Scola bought the house.

But Mr. Scola's lawyer, David Nickless, maintained that his client listed the equitable interest in the home in his bankruptcy petition and no reason existed to reopen the case. U.S. Bankruptcy Court Judge Joel Rosenthal apparently agreed.

Tuesday's column about a Worcester couple who lost their meager savings while trying to buy an old Victorian house in Spencer generated lots of response from readers.

Many were angry that the sellers have so far refused to return the $4,500 deposit to Kenneth and Sandra Bisson, who lost the house not because they backed out of the sale or failed to qualify for a mortgage, but because two appraisers said the home wasn't worth the asking price of $148,000.

``Why is it that people today tend to capitalize on the misfortune of others just because it's legal to do so, rather than relying on what's ethically or morally right?'' one reader asked.

Several lawyers and buyers' brokers offered advice and suggestions, much of which, not surprisingly, stressed the need for home seekers to hire lawyers and buyers' brokers.

Many landlords also responded. After learning that the Bissons will have to leave their apartment at the end of February, a dozen have contacted the newspaper or the Bissons' Realtor to offer them housing. Most have offered to waive the security deposit, or the first or last month's rent.

``My husband and I have an old Victorian home in Worcester like the one that the Bissons attempted to purchase,'' wrote Leslie Courtney, owner of the Bijou Cinema. ``We'd like to assist them if possible by offering them a short-term lease, without security deposits, while they work out their differences and search for a new home.''

Yesterday, Mrs. Bisson said she was heartened that so many people want to help and is eager to review the offers.

``I think that's wonderful,'' she said. ``I've just been trying to calm down and stop crying. But this shows me that there are some decent people left in the world, which I didn't think there was.''

Dianne Williamson can be reached via e-mail at dwilliamson@telegram.com.

December 12, 2002

Regional Digest, Worcester Telegram & Gazette (MA)

COLUMN: REGIONAL DIGEST

Scola back home where wife was killed

WORCESTER -- Anthony J. Scola has returned to his 3 Knox St. home, five months after his estranged wife was killed there.

Police allowed Mr. Scola to return Dec. 3, about a month after a judge lifted a temporary court order that prohibited the lawyer from returning to the home.

Candace M. Scola, 32, was found stabbed to death there July 5.

The temporary restraining order, which also prevented Mr. Scola from selling, conveying or mortgaging the 3 Knox St. property, was issued Aug. 21 in connection with a lawsuit filed by Mrs. Scola's sister, Catherine E. Wailgum, as special administrator of Mrs. Scola's estate.

The suit asks the court to nullify a 1999 deed transferring title to the Knox Street property from Mrs. Scola to Mr. and Mrs. Scola jointly.

No arrests have been made in connection with Mrs. Scola's slaying and police say the investigation is continuing.

November 10, 2002

New hurdle is looming for Scola - Ownership of house focus of contention

Dianne WILLIAMSON, Worcester Telegram & Gazette (MA)

The same day Anthony J. Scola scored a victory in Worcester Probate Court, new legal troubles surfaced in connection with his ownership of the home where his estranged wife was killed.

Last Thursday, the trustee for Mr. Scola's 1999 bankruptcy case filed a motion to reopen that proceeding, saying that Mr. Scola failed to truthfully represent his ownership of the house he shared with his wife at 3 Knox St.

The trustee noted that, while Mr. Scola maintained in Probate Court that the house belonged to him, he testified at his bankruptcy hearing in 1999 that Candace M. Scola bought the house.

``The trustee has serious concerns regarding the truthfulness of the Debtor's signed Chapter 7 petition, schedules and statements and the sworn testimony of the Debtor with respect to the property and vehicles and the circumstances surrounding the transfers,'' wrote trustee Tali A. Tomsic, in a motion filed in U.S. Bankruptcy Court.

If it is found that Mr. Scola deliberately lied about his ownership of the house in Bankruptcy Court, the property he has fought to claim could be seized to pay off his creditors. He could also face charges of bankruptcy fraud and the loss of his license to practice law.

The motion to reopen Mr. Scola's bankruptcy case came the same day a probate judge lifted an order that barred Mr. Scola from entering the home where his 32-year-old wife was found stabbed to death July 5. Mrs. Scola's sister, Catherine E. Wailgum, is asking the court to nullify a 1999 deed that Mr. Scola recorded a month after his