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 Case dismissal will happen for Fred
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bbpolitical
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265 Posts

Posted - 10/10/2006 :  9:29:02 PM  Show Profile Send bbpolitical a Private Message  Reply with Quote
In a surprising turn, a judge today ordered that Mr. Foresterie's larceny trial be continued for a year (Boston Globe). This means of course that he is on probation and as long as he doesn't get indicted again in the next 12 months, charges will be dismissed. He did have to pay $2000 in court costs to the Attorney General. The AG's office was looking for something on the order of restitution for the two stolen air conditioners, but little more. This is a major blow to those who saught Fred's indictment to be followed through with a guilty verdict. This vindicates the school committee for not suspending Fred and reinforces the superintendent's power base.

Amazing


Michael



I am an average resident of Everett who would like to see more communication about anything and everything to do with Everett

Citizen Kane
Advanced Member



1082 Posts

Posted - 10/10/2006 :  10:34:53 PM  Show Profile Send Citizen Kane a Private Message  Reply with Quote
Michael, do you honestly believe that this vindicates the School Committee? The fact still remains that the superintendent was indicted and should've been put on administrative leave. Lona DeFeo was indicted and should have been put on administrative leave. Instead, they both received raises. Lona DeFeo pled guilty and should have been fired; yet, she keeps her job and gets an increase in pay. The Superintendent was not exonerated outright -- he was put on probation, which means this cloud hangs over the city for another year; the School Committee will, no doubt, give him another increase in salary.

And you consider this to be a vindication of their failure to act two years ago?

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bbpolitical
Forum Admin



265 Posts

Posted - 10/11/2006 :  07:15:16 AM  Show Profile Send bbpolitical a Private Message  Reply with Quote
quote:
Originally posted by Citizen Kane

Michael, do you honestly believe that this vindicates the School Committee? The fact still remains that the superintendent was indicted and should've been put on administrative leave. Lona DeFeo was indicted and should have been put on administrative leave. Instead, they both received raises. Lona DeFeo pled guilty and should have been fired; yet, she keeps her job and gets an increase in pay. The Superintendent was not exonerated outright -- he was put on probation, which means this cloud hangs over the city for another year; the School Committee will, no doubt, give him another increase in salary.

And you consider this to be a vindication of their failure to act two years ago?





I agree with all of your points. My point is that from the point of view of the school committee, their decision to not suspend him was a good one. The court decision made the larceny charge seem to be a trivial matter. All the AG wanted was money paid back to the schools for the two Air Conditioners at about $1800 a piece plus a small fine. The judge ruled that only $2000 should be paid, and that she be paid stright to Reilly's office. This means the City of Everett will get nothing and the court supports it.

Such a pity.




I am an average resident of Everett who would like to see more communication about anything and everything to do with Everett
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nellie
Member



10 Posts

Posted - 10/11/2006 :  09:53:01 AM  Show Profile Send nellie a Private Message  Reply with Quote
Freddy was not found "innocent" Let's hear from the 20+ witnesses. Why did Lona plead guilty if her Boss was innocent? Did she make all those decisions on her own, without direction from Fred? Disgraceful!
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louie
Senior Member



188 Posts

Posted - 10/11/2006 :  4:44:40 PM  Show Profile Send louie a Private Message  Reply with Quote
why does this surprise you michael I have been posting this since last year he bought the judge. everyone will find out that the judge and fff are good friends but who am I just someone who knows. Lorna got a raise but she lost her pension
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richie
Senior Member



139 Posts

Posted - 10/13/2006 :  06:47:06 AM  Show Profile Send richie a Private Message  Reply with Quote
do share more louie
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Paul
Senior Member



158 Posts

Posted - 10/13/2006 :  2:13:33 PM  Show Profile Send Paul a Private Message  Reply with Quote
The SILENCE is deafening ,just joking people don't get upset.

But when I came on here I figured this subject would light up the board like Christmas Tree and there doesn't seem much to talk about now.
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Eyeontheball
Member



52 Posts

Posted - 10/13/2006 :  2:42:48 PM  Show Profile Send Eyeontheball a Private Message  Reply with Quote
Actually Paul - it's what was expected. Fred's big Boston lawyer and his Baliro kin know everyone - so they judge shopped until little Freddy could be assured of a slap on the wrist and keeping his pension. But innocent people do not go on probation, nor do they pay for things they "didn't steal."

And does anyone find Frank Mondano's claims about Fred's innocence, and the lack of a case printed in the local papers to be valid?

This is what Frank Mondano had to say about another client, Paul Shanley, the pedophile priest:
Frank Mondano, Shanley's lawyer, said he will appeal. "It appears that the absence of a case is not an impediment to securing a conviction," he said.

Absence of a case? Really.


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Eyeontheball
Member



52 Posts

Posted - 10/13/2006 :  2:54:43 PM  Show Profile Send Eyeontheball a Private Message  Reply with Quote
And he also claimed that the Shanley case, which was the trail of a priest who raped children, was this:

The lawyer for defrocked priest Paul Shanley responded by saying the accuser made up the allegations to get in on multimillion-dollar settlements for victims in the scandal. Frank Mondano called the case "a vilification" orchestrated by "personal injury lawyers."

You must be logged in to see this link.
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Lori
Member



96 Posts

Posted - 10/15/2006 :  6:11:13 PM  Show Profile Send Lori a Private Message  Reply with Quote
EVERETT
Educator's case splits parents
Some decry judge's decision on eve on trial
By Katheleen Conti, Globe Staff | October 15, 2006

The abrupt resolution of a legal case against Everett's schools superintendent, Frederick Foresteire , who was accused of having two city-purchased air conditioners installed in his home, has left even parents who admire his work wondering if justice was served.

While most Everett parents interviewed by the Globe said they are pleased with Foresteire's accomplishments in the realm of academics, many said that the superintendent, who was charged with receiving stolen property, should have received a harsher punishment.

Instead of going to trial as expected Tuesday, Foresteire's case was continued without a finding. He was sentenced to one year of probation and must pay $2,090 in court fees. The charges against him will be dropped if Foresteire does not get into trouble during the next year.

``It does frustrate me as a citizen," said Michael Bilica , who has children in the Everett public schools and who runs a community blog. ``I can tell he likes education a lot. I don't think he's a devious guy. I just think if he did something wrong, he's a public official, and he should face the music. He hasn't."

Middlesex Superior Court Judge Paul Chernoff agreed Tuesday to dismiss the counts against Foresteire, but rejected a request by the state attorney general's office, which prosecuted the case, that Foresteire pay a $500 fine and restitution for the two air conditioners. The units were originally slated for use at the Parlin School and Everett High, according to the attorney general's office.

Foresteire was among 11 people, including contractors and other administrators, indicted in 2004 after an investigation by the state inspector general's office found evidence of bid-rigging and illegal kickbacks on school construction and maintenance contracts in Everett. Foresteire was not implicated in the five-year bid-rigging scheme, the centerpiece of the indictment, which involved at least 63 contracts worth more than $552,000 .

Foresteire did not return phone calls for comment. His lawyer, Frank Mondano, said the case's resolution, with the levying of probation and court fees, ``does not disturb his assertion of innocence."

After the indictment, the School Committee unanimously rejected requests by then-mayor David Ragucci to place Foresteire on leave.

``I consider the superintendent innocent on all counts," School Committee member David M. Ela Jr. said on Tuesday. ``We were concerned over the allegations, but myself and all the members of the board decided that we wanted to allow him to have his day in court, and he had it today."

Peter Napolitano , who has two children in the Parlin School , said Everett parents have to move on now that the court has made its decision. He said the administration's attention should instead be focused in improving the school's MCAS scores, which have landed it on a federal ``needs improvement" list.

``I'm glad this is out of the way," said Napolitano, a former common councilor. ``I'm more concerned about the quality of education that's being presented at that school," he said, ``that the School Committee and the superintendent put their focus on improving standards."

Bilica said Foresteire should have resigned after the indictments.

``It's the continuing issue that under his watch people have been convicted of felonies," Bilica said. ``He has been found guilty in the past, and has been slapped on the wrist before."

In 1992 , Foresteire received a $250 fine from the State Ethics Commission for arranging for a school system painter to perform free work on the house of a member of the School Committee. Last year, a state audit of the school district's books revealed widespread financial mismanagement and the use of unlicensed teachers.

Tuesday's court decision follows a number of guilty pleas in December stemming from the 2004 indictments.

Lona DeFeo , an Everett schools maintenance manager, pleaded guilty to four charges, including one count of committing procurement fraud by bid-splitting, and one count of larceny over $250. She was given a suspended jail sentence, five years probation and 400 hours of community service, according to the attorney general's office. She remains employed by the school district.

Robert Mastrocola , of Bradford Carpet, pleaded guilty to procurement fraud and conspiracy to commit procurement fraud. He was given one year of probation, and agreed to pay $4,451 in restitution to the city.

John Iorio, then a commercial salesman at Bradford Carpet, was sentenced to one year's probation.

Anthony Dellanno, with Nino's Iron Works in Everett, pleaded guilty to conspiracy to commit procurement fraud. He was sentenced to one year probation, fined $500 and ordered to pay $2,000 in restitution. He was charged with fraudulently receiving a contract worth $19,175 .

Foresteire's former brother-in-law, Louis Grande , an independent contractor from Reading, was alleged to have been fraudulently awarded 23 contracts worth $250,124 , and was indicted on counts of procurement fraud, conspiracy to commit procurement fraud, bid splitting, conspiracy to commit bid splitting and presentation of false claims. Grande died last year before his case was resolved.

In 2004, Anthony Fabrizio Sr. of Burlington pleaded guilty to conspiracy to commit procurement fraud. Roy A. Merenda , owner of Roy Merenda & Sons in Malden, and Victor Silva, of Haverhill, owner of United Building Services , pleaded guilty to one count of procurement fraud and conspiracy to commit procurement fraud. All three were sentenced to probation and agreed to pay restitution to the city and fines to the state, according to the attorney general's office. Fabrizio was also sentenced to 25 hours of community service.

Thomas D. O'Connor of Medford, owner of O'Connor Painting and Construction Inc., pleaded guilty in January to one count of conspiracy to commit procurement fraud, and to procurement fraud. He was sentenced to one year of probation and agreed to pay restitution to the city and a fine to the state.

The case against Dominic Tango, a Reading man who was charged with procurement fraud and conspiracy to commit procurement fraud, is ongoing.

In total, the courts have ordered $35,000 in restitution to Everett, according to the attorney general's office.

Katheleen Conti can be reached at kconti@globe.com
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Paul
Senior Member



158 Posts

Posted - 10/16/2006 :  6:59:54 PM  Show Profile Send Paul a Private Message  Reply with Quote
2 questions for anyone that knows the answers--

#1--wasn't the 2 grand he had to pay for court costs ?
If so,why would it go to the city of Everett ?

#2--I have read where his attorney says that FFF was never indicted on the bid rigging charge--is that true ?
I was wondering because the Globe article seems to lump him in there.

Thanks--Paul
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Lori
Member



96 Posts

Posted - 10/17/2006 :  12:24:08 PM  Show Profile Send Lori a Private Message  Reply with Quote
hey did anyone out here watch the school committee meeting? I heard it was good I did not see and hope to catch it on the re-run
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Fran
Senior Member



250 Posts

Posted - 10/17/2006 :  12:56:23 PM  Show Profile Send Fran a Private Message  Reply with Quote
It was good if you suffer from insomnia. Listening to Ela go on is like watching paint dry.
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bbpolitical
Forum Admin



265 Posts

Posted - 10/18/2006 :  10:34:23 AM  Show Profile Send bbpolitical a Private Message  Reply with Quote
The $2000 going to the Attorney General seems like it is saying "Yeah, we know you guys had a case, thanks for trying"

The AG asked for the cost of the Air conditioners to be returned to the school. In spite of what Mr. Foresteire's lawyer is claiming, the case was strong enough to avoid dismissal. I've frankly never heard of court supervision of this nature being awarded to someone who wasn't pleading guilty or at least culpable, and I understand Mr. Foresteire did something to that effect. So, if he is in some way responsible for the school losing two Air conditioners, why shouldn't some allowance be made to return that value in money to the city or school? What the judge ruled was what he ruled... but shouldn't he have awarded something to the city of Everett to recoup damages? If this wasn't possible, why did the attorney General ask for it? Why did the judge refuse to grant it?

Its a win-win for Mr. Foresteire and a lose-lose for the city.

Michael






I am an average resident of Everett who would like to see more communication about anything and everything to do with Everett
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Court4Fred
Advanced Member



1201 Posts

Posted - 10/19/2006 :  2:16:54 PM  Show Profile Send Court4Fred a Private Message  Reply with Quote
Michael - although it appears lose-lose for the city...be patient. People really do know what's going on. I haven't spoken to a soul who really thinks that Foresteire was innocent, no matter what the local parrot press says. Innocent guys don't get probation or court fees! The Independent can split all the hairs it wants. If anything crops up with Freddy in the next year - he's back in court. That's probation, Josh. I wondered how far out on a limb he'd go to defend Freddy....

So, why not run for school committee? You have a young family living here, and you have the education and talent to make a very credible run. YOu live in Ward 5, right? Sandy Colarusso, one of Freddy's butt boys, is ripe for the picking. I think anyone running against any of these guys will have NO problem if they run a decent race.

So how about it, Michael? This is how you can help change this city. If we can get a few others to run for school committee, change will be busting out all over. HELP FIRE FRED FORESTEIRE. RUN FOR SCHOOL COMMITTEE.
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EverettsPride
Advanced Member



1140 Posts

Posted - 10/19/2006 :  5:08:42 PM  Show Profile Send EverettsPride a Private Message  Reply with Quote
I think that is a great idea! How about it Michael??


Sally
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