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.
Prosecutor withdraws in Scola murder case With no resolution, probe could start all over againBy 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.
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.
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 MagazineWorcester 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.
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.
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.
'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.
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)
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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