January 19, 2006

Assumption weighs Mackie case

Robert E. Mackie, the former Mount Wachusett Community College campus police chief who was sentenced this week to probation for one year for allegedly assaulting a woman, won’t find out until next week whether he still has a job at Assumption College.

Mr. Mackie left the community college position in 2005 and had since been working as a campus officer at Assumption. He was placed on administrative leave last March after a former MWCC employee alleged that Mr. Mackie once grabbed her and pressed up against her.

On Thursday, a judge in Fitchburg District Court placed Mr. Mackie on one-year supervised probation, and continued his case without a finding until next January. Assumption College officials will meet next week to decide how to respond, according to Thomas Ryan, vice president of institutional advancement.

“Our plan is to take a look at it from our perspective … and determine what will be appropriate for the college,” he said

January 19, 2007 

Judge orders case continued without finding

FITCHBURG -- District Court Judge Elliot Zide found sufficient facts for a guilty finding against Mount Wachusett Community College's former police chief for giving a custodian an unwanted hug during the school's all-night cancer fundraiser in June 2005.

Police had charged Robert E. Mackie Jr., 41, with indecent assault and battery, but Zide reduced the charge to simple assault and battery during a jury-waived trial Thursday.

"There is no disagreement that the chief put his hands on (the victim)," Zide said.

Zide ordered the charge to be continued without a finding for one year, and Mackie must take a course to "understand what are appropriate bounds" of contact with co-workers.

Zide said his decision was based on the victim's supervisor's testimony Thursday that the victim told him she had asked Mackie three times to stop hugging her.

Zide also said Mackie's intent during the hug was an important part of the case.

Mackie, wearing a dark suit and blue tie, shook his head and put his hand over his face after hearing the verdict, and his wife began to cry.

Mackie, now a police officer with Assumption College, left his attorney's side to hug his wife before Zide issued the sentence.

The 49-year-old victim and her family sat in the second row while Zide issued the verdict and sentence.

Both Mackie and his attorney, John A. Mizhir of Winchendon, declined to comment when walking out of the courtroom Thursday afternoon.

Having a charge continued without a finding means that if Mackie is not arrested over the next 12 months, the assault and battery charge will be dropped.

Zide said before issuing his verdict that much of the case's details are undisputed.

Both Mackie and a 49-year-old female custodian were in a small electrical closet in the MWCC Fitness Center for several minutes in the early morning of June 11, 2005, Zide said.

Mackie, the victim and other employees were at the school during the night because of the 24-hour Relay For Life cancer fundraiser.

Mackie hugged the victim once the two were outside of the closet and standing in the gymnasium, according to Zide.

The victim testified at the trial that Mackie pulled her into him, pushing their genitals together and kissed the top of her head.

"I was pulled close to him, he was really close, my face was in his chest, his hands were going through my hair," said the victim, dressed in black track pants and a pink blouse. "... He was saying, 'Shh, you don't have to go back there right now, there's nobody out there.'"

The victim nearly broke into tears on several occasions during her testimony about the incident.

"I was shocked, afraid, cheap, scared," the victim said, her voice cracking.

Mackie spoke in his own defense at the trial, saying that he offered a half-hearted hug to the victim when she became emotionally upset about a personal problem.

"If there was anything (sexual), I certainly didn't do it on purpose ... I was just kind of being a nice guy," Mackie said, speaking clearly and calmly during his testimony.

He said he could not remember if he hugged the victim with one or two hands, but he stressed the hug lasted no more than a few seconds, and that she had leaned into him.

"I think it was a pat, that was it," Mackie said while holding up his arms to demonstrate the hug to the courtroom.

Mizhir stressed over the course of the trial that the victim had money troubles, changed her story at least once, and did not report the incident until over a week later.

Mizhir also appeared frustrated on several occasions when Zide would not allow him to ask questions about the victim's family and medical history.

Mizhir derided the victim in his concluding arguments as someone looking to make easy money through a lawsuit against Mackie.

"That's what this is about, it's all about money. Money, honey," Mizhir said.

It made no sense for Mackie to jeopardize his family and professional career for a brief hug in an open area, Mizhir said.

"If he were going to do anything, your honor, why didn't he do it in here, in the electrical room where there were doors and nobody could see?" Mizhir asked, pointing to a diagram of the MWCC Fitness Center.

Mizhir also criticized the victim for changing her story "like the wind."

Zide spoke for several minutes after the trial about how he would reach his decision, explaining that he likes to tell jurors to trust witnesses' testimony.

"Assume the best, assume that people are telling the truth ... they want to be heard, they want a fair hearing," Zide said he tells jurors.

"You can believe what everyone says, and then decide what it means," Zide said.

Mackie is now employed as a campus police officer at Assumption College in Worcester, and is on paid administrative leave.

Assumption officials will begin reviewing Mackie's employment status next week, said Thomas Ryan, vice president of institutional advancement.

"We just got the word, and now it's a case of stepping back and looking at what would be appropriate for us," Ryan said.

MWCC President Dan Asquino could not be reached for comment Thursday evening.

July 22, 2006 

Ex-chief's lawyer: We're going to trial 

By Aaron Wasserman Sentinel and Enterprise

GARDNER -- A district court judge has denied a motion to dismiss a charge of sexual assault filed in March against Mount Wachusett Community College's former campus police chief.

The attorney for the former chief, Robert E. Mackie, 40, of Winchendon, who faces one count of indecent assault and battery, said Friday he and his client are now preparing for a trial.

"We're absolutely going to trial," Mackie's lawyer, John A. Mizhir of Winchendon, said in a telephone interview. "I don't have any choice, do I?"

Mackie allegedly assaulted a female college employee in the college gymnasium in June 2005 while the college hosted a 24-hour fundraiser, according to court documents.

Mizhir filed a motion to dismiss the case last month, arguing the show-cause hearing held in March to determine whether Mackie should be charged was unconstitutional. Mizhir claimed the show-cause hearing was too informal for the gravity of the charges and that it violated Mackie's rights because the alleged victim, who did not attend, could not be cross-examined

"The mere reading of a police report containing a complaining witness' testimony did not afford this defendant a meaningful opportunity to assert his due-process rights," Mizhir's motion reads in part.

"The defendant has been charged with the very serious felony of indecent assault and battery," the dismissal motion also states. "Conducting an informal show-cause hearing on this type of felony is contrary to this state's legislative history over the past 45 years and all the judicial interpretation in those intervening years."

But Judge Patrick A. Fox ruled against the motion on July 12, writing that Mackie had a solid chance to defend himself.

"In effect, the defendant was afforded an opportunity not ordinarily available to persons charged with felony offenses, namely, he was allowed to attempt to persuade a magistrate not to issue a criminal complaint," Fox wrote in part.

Mizhir said Fox's decision "allowed hearsay evidence to be introduced" in the case. He also disputed the alleged victim's claims, given in police statements, that Mackie appeared "stoned" when he approached her in the college gymnasium and that he rubbed up against her repeatedly.

"Obviously, we don't believe any of that," Mizhir said, adding Mackie will not plead guilty.

Mackie, who left MWCC last September, has been on administrative leave at his two current jobs -- Assumption College in Worcester and the Barre Police Department -- since an investigation into the incident began earlier this year.

The case is scheduled to continue on Aug. 16, according to court documents. 

June 29, 2006

Lawyer challenges change in law

Clerk magistrate had hearing involving former campus chief

By George Barnes TELEGRAM & GAZETTE STAFF

GARDNER— Saying a change in state law allowing show cause hearings in serious criminal cases is unconstitutional, a lawyer for the former head of the Mount Wachusett Community College police force asked that charges against his client be dropped.

Judge Patrick A. Fox is considering a motion made yesterday in Gardner District Court by lawyer John A. Mizhir to dismiss a charge of indecent assault and battery made against his client, Robert E. Mackie, 40, of 30 Hyde Park St., Winchendon.

Mr. Mackie is charged with assaulting a female employee of the college in 2005 when he was campus police chief.

Mr. Mizhir told the court that a show cause hearing before a clerk magistrate had always been for minor matters. He said the state Supreme Judicial Court has continually held that clerk magistrates do not have the authority to hold show cause hearings for felonies.

“The authority relative to felony complaints was a prosecutorial matter,” he said.

Mr. Mizhir said the Legislature changed the law, adding felonies to the list of matters clerk magistrates could handle, and making the law, in his opinion, unconstitutional. The constitutionality of the law was the main reason he gave for asking Judge Fox to dismiss the charge against Mr. Mackie.

Assistant District Attorney Anthony Marotta argued against dismissal, telling Judge Fox the defendant was not harmed in any way by the holding of the show cause hearing, which followed the current reading of the law.

Judge Fox said he expects to make a decision on the motion by July 21.

May 18, 2006 

Ex-campus police chief facing sex assault charges appears in court 

Sentinel and Enterprise

GARDNER -- The former Mount Wachusett Community College campus police chief accused of indecent assault and battery against another college employee appeared at Gardner District Court Wednesday for a brief hearing.

District Court Judge Arthur F. Haley III set June 16 as the date for Mackie's attorney to provide a motion for discovery.

Haley also scheduled a hearing for the motion on June 28.

Mackie is charged with one count of indecent assault and battery for allegedly assaulting a female employee in the college's gymnasium last June.

The alleged incident occurred on the same night as the school's 24-hour cancer fundraiser, according to court documents.

Mackie and his attorney declined to comment outside the courtroom after the brief hearing.

Assistant District Attorney Anthony J. Marotta said there may also be a motion to dismiss in the case, but did not provide further specifics during the hearing.

Marotta said at the hearing that Mackie may summons a tape of an interview involving himself.

Marotta did not give further details of the taped interview in court.

Mackie left the college last September and both of his current employers -- Assumption College, where he works as a campus police officer, and the Barre Police Department, where he is a reserve officer -- have placed him on administrative leave because of the outstanding charge.

March 16, 2006

Former MWCC chief placed on paid leave

By Aaron Wasserman, Sentinel and Enterprise

GARDNER -- Assumption College placed Mount Wachusett Community College's former campus police chief on paid administrative leave Tuesday, one day after he was charged with one count of indecent assault, the college announced on its Web site.

Assumption's director of public affairs, Heidi Paluk, said in a telephone interview that the college made the decision "due to charges making their way through Gardner District Court" against Robert Mackie, 40, of Winchendon.

Their decision comes a day after the Sentinel & Enterprise first reported that Mackie, who left MWCC on Sept. 18, 2005, and now works as a campus police officer at Assumption, allegedly sexually assaulted a female employee of MWCC on the evening of June 11, 2005.

He is scheduled to be arraigned on March 29.

Assumption will review its decision about Mackie on a month-to-month basis, according to the college's statement.

MWCC President Daniel M. Asquino said Tuesday he would not discuss the charge further.

"I'm not going to comment on those things," he said.

Asquino told the Sentinel & Enterprise in October that an internal investigation cleared Mackie of any wrongdoing after a sexual harassment allegation was made against the former campus police chief.

"They were issues of sexual harassment, but we found no grounds whatsoever," he said in October. "There was nothing overt or anything like that. Sexual harassment, all those issues, we take those very seriously."

Albert H. McCarthy, one of the members of the MWCC Board of Trustees, said Tuesday he stood behind the results of Asquino's investigation.

"All I have to say is I have absolute respect for Dan Asquino and his judgment in virtually every subject," he said.

Sergio Paez, the board's alumni representative, offered similar support Tuesday.

"The college has a very well organized human resources office and I'm sure the investigation followed the guidelines of higher education and the human resources (department) of the college," he said.

Though Mackie stopped working at MWCC on Sept. 18, he was still on the college's payroll in October, with more than 200 remaining hours of vacation time, according to Caroline Henriques of the state Office of the Comptroller.

Once Mackie used all his remaining vacation days, he had worked for MWCC for 10 years and qualified for the college's retirement benefits, according to Asquino.

"I think it was in his plan all the time -- that he wanted to stay 10 years," Asquino said of Mackie in October.

The Barre Police Department, where Mackie has worked as a reserve police officer since 2002, has also placed Mackie on leave, according to Chief John J. Manzi.

The department placed Mackie on leave on Jan. 26, upon receiving notification from the office of Worcester County District Attorney John J. Conte that Mackie was the subject of a criminal investigation, Manzi said Monday.

None of the students approached on MWCC's Gardner campus Tuesday afternoon said they knew of the allegations and the charge.

But Frank Sienkiewicz, 21, of Fitchburg, said he was nonetheless shocked.

"It's kind of creepy in a way," he said, outside the fitness center. "In a way that's kind of startling because it's supposed to be a safe campus."

Laura Seppa, 26, of Gardner, gave a more cautious response, saying, "I haven't heard anything about it and I don't know the details so I don't have any reaction at this point."

March 15, 2006 

By Jason Feifer TELEGRAM & GAZETTE STAFF

GARDNER— An Assumption College campus police officer has been charged with sexually assaulting a female employee last June while he was campus police chief at Mount Wachusett Community College.

Robert E. Mackie, 40, of 30 Hyde Park St., Winchendon, faces one count of indecent assault and battery. A female employee of the Mount alleged Mr. Mackie grabbed her and pressed up against her.

An arraignment is scheduled for March 29 at Gardner District Court.

Yesterday afternoon, Assumption College in Worcester placed Mr. Mackie on paid administrative leave.

“Until the court system has its say, or until it makes its way through the court system, the college thought it was in the best interest of Mr. Mackie as well as the college to place him on paid administrative leave,” said college spokeswoman Heidi M. Paluk.

He also has been placed on leave at the Barre Police Department, where he has been a reserve police officer since 2002, according to Barre Police Chief John J. Manzi.

Chief Manzi said he is not aware of any similar accusations against Mr. Mackie in the town.

Mr. Mackie was the campus police chief at Mount Wachusett Community College for 10 years and resigned in September 2005. His departure was unrelated to the allegation, college President Daniel M. Asquino said.

Mr. Asquino said that as far as he knew, Mr. Mackie was simply interested in pursuing other things.

The college was aware of the allegation before Mr. Mackie left, but an internal investigation found there wasn’t a strong case and it didn’t warrant disciplinary action, Mr. Asquino said.

In fact, about five months ago, the Mount dismissed a sexual harassment charge against Mr. Mackie. Mr. Asquino did not divulge details about the harassment charge, but said it may be related to the current charge.

Mr. Asquino said he stands behind Mr. Mackie, just as he said he’d stand behind anyone whose case has not yet been heard in court.

“I don’t like to see any situation when someone’s reputation is at stake,” he said. “These things happen. He’s innocent in my view. He’s innocent until proven guilty. This will probably have to follow a course of action.”

The assault charge stems from an incident at the community college on June 11, according to court records.

A woman had been working the night shift, and Mr. Mackie allegedly approached her many times to ask if she wanted to go somewhere air-conditioned to cool off.

Later, a report says, Mr. Mackie went into the gymnasium to check on a circuit breaker; when he did not come back out, the woman went in to check on him.

They turned the light out and shut the door together, according to the report. Then the woman tried walking away, but Mr. Mackie allegedly grabbed her and pulled her to him. She felt his genitals press up against her, the report in the court records says.

“She was able to free herself and get away. She stated that this was an unwanted act,” according to the report.

The incident was reported to the state police in the Athol barracks on June 27, and was referred to the state police detective unit.

Last week, Worcester District Attorney John J. Conte’s office held a closed hearing to consider whether to proceed with charges. Afterward, his office would not comment.

The report filed with the Gardner District Court says probable cause for the charge was found in the hearing.

But news of the charge did not reach Assumption College until recently. By noon yesterday, no change had been made to Mr. Mackie’s employment status.

The college announced the paid administrative leave around 4 p.m.

Mr. Mackie’s lawyer, John A. Mizhir, did not return a call seeking comment.  

March 14, 2006 

Former chief of campus police faces charges 

By Aaron Wasserman and J.J. Huggins, Sentinel and Enterprise

GARDNER Mount Wachusett Community College's former chief of campus police is facing a charge of indecent assault and battery after he allegedly sexually assaulted a woman in the college's gymnasium, according to court records.

The Gardner District Court issued a summons for Robert Mackie, 40, of 30 Hyde Park St., Winchendon, on Monday.

He is scheduled to be arraigned on March 29.

Mackie allegedly sexually assaulted a female employee of the college on the evening of June 11, 2005, during their night shift, according to court documents.

After approaching the alleged victim a few times, “asking if she wanted to go somewhere that was air-conditioned to cool off,” Mackie allegedly assaulted the woman in the college gymnasium, according to court documents.

“She stated that they turned the light out and shut the door together,” a report filed by State Trooper Jessica Jennings reads in part. “She stated that when she went to walk away, Mackie grabbed her and pulled her close to him. She stated that she could feel his (genitals) against her crotch area and was pushing against her.”

The alleged victim freed herself and left before anything else occurred, but she told state police the encounter “was an unwanted act,” according to the report.

The alleged victim first reported the incident to the Athol State Police Barracks on June 27, 2005, and the report was then forwarded to the State Police Detective Unit in Worcester, according to court documents.

Neither Mackie nor his attorney, John A. Mizhir of Winchendon, could be reached for comment Monday afternoon.

The charge comes five months after MWCC President Daniel M. Asquino said he cleared Mackie of any wrongdoing after a sexual harassment allegation was made against the former campus police chief.

Asquino said the college found no grounds to punish Mackie.

“They were issues of sexual harassment, but we found no grounds whatsoever,” he said. “There was nothing overt or anything like that. Sexual harassment, all those issues, we take those very seriously.”

Asquino did not release any details of the investigation or the claims at the time.

“The allegations were of the less serious kind,” he added.

“One allegation was at an activity or an event, and the other was during the course of regular business contact,” Asquino said. “We didn't find any substance, any merit, any witnesses.”

“I'm not going to go into the details, I'm just going to say everything was properly investigated and properly disposed of,” he said. “We've investigated it, I'm not going to describe it. It's a nature of privacy and a matter of people's reputation.”

Asquino said Monday he needed to learn more details about the alleged incident before saying anything else.

“I'll have to find out what they charged him with and then we'll take it from there,” he said.

Asquino reiterated Monday that Mackie, who is still pictured on the college's Web site wearing a self-defense outfit as part of his work with the Molly Bish Institute for Child Health and Safety, made his own decision last fall to leave the college and that he was not dismissed by the college. 

“I wanted him to stay. He has done a great job professionalizing our police force,” Asquino said of Mackie in October.

Although Mackie stopped working at the college on Sept. 18, he was still on the college's payroll in October, with more than 200 remaining hours of vacation time, according to Caroline Henriques of the state Office of the Comptroller.

Once Mackie used all his remaining vacation days, he had worked for MWCC for 10 years and qualified for the college's retirement benefits, according to Asquino.

“I think it was in his plan all the time, that he wanted to stay 10 years,” Asquino said of Mackie in October.

Mackie, who earned $56,618 at MWCC, left the college on Sept. 18, 2005, and now works for Assumption College's campus police.

Mackie is still employed by Assumption College, according to the college's director of public affairs, Heidi Paluk, who declined to comment further Monday.

“We're still trying to sort out the facts,” she said.

Paluk said she didn't know Mackie had been charged until a Sentinel & Enterprise reporter told her.

The Barre Police Department, where Mackie has worked as a reserve police officer since 2002, placed Mackie on administrative leave on Jan. 26, upon receiving notification from the District Attorney's office that he was the subject of a criminal investigation, Chief John J. Manzi said Monday.

The department has not received any sexual harassment allegations or complaints concerning Mackie, Manzi said.

Gardner District Court issued the criminal complaint against Mackie after a show-cause hearing on March 7.

Neither the public nor the press could attend the show-cause hearing and written information about the proceedings is not yet available to the public.

The Sentinel & Enterprise filed a request Monday for a transcript of the taped testimony, which the clerk's office said would take at least two weeks to produce.

Mackie, three unidentified men and one unidentified woman provided testimony during the show-cause hearing.

Mackie's attorney, Assistant District Attorney Anthony J. Marotta, Clerk Magistrate Whitney J. Brown and a court clerk also attended the hearing. 

March 14, 2006

Former college police chief charged with sex assault

By Jason Feifer
TELEGRAM & GAZETTE STAFF

GARDNER— An Assumption College campus police officer has been charged with sexually
assaulting a female employee while he was campus police chief at Mount Wachusett Community College.

Robert E. Mackie, 40, of 30 Hyde Park St. in Winchendon, faces one count of
indecent assault and battery. He will be arraigned at Gardner District Court on March 29.

This afternoon, Mr. Mackie was placed on paid administrative leave at Assumption College in Worcester. He is also on administrative leave in Barre, where he has served as a reserve police officer since 2002.

“Until the court system has its say, or until it makes its way through the court system, the college thought it was in the best interest of Mr. Mackie as well as the college to place him on paid administrative leave,” said college spokeswoman Heidi M. Paluk.

Mr. Mackie was the campus police chief at Mount Wachusett Community College for 10 years, and resigned late last year. College President Daniel M. Asquino said his resignation was a result of Mr. Mackie wanting to pursue other interests, and had nothing to do with this case.

The assault charge stems from an incident at the community college on June 11, 2005, according to court records.

A female employee had been working the night shift, and Mr. Mackie allegedly approached her numerous times to ask if she wanted to go somewhere air conditioned to cool off. Later, a report says, Mr. Mackie went into the gymnasium to check on a circuit breaker; when he did not come back out, the female employee went in to check on him.

They turned the light out and shut the door together, according to the report. Then the female tried walking away, but Mr. Mackie allegedly grabbed her and pressed himself against her.

The incident was first reported to the state police Athol barracks on June 27, 2005, and was referred to the state police detective unit.

Last week, Worcester District Attorney John J. Conte’s office held a closed hearing to consider whether to proceed with charges. Afterward, his office would not comment. The report filed with the Gardner District Court says probable cause for the charge was found during the hearing.

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