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<h3 class="title"><a name="top"></a>The Hiding Is Over & "The Source"
Is Officially Known (see below)</h3>
<h4 class="titlesmall"> Update-April 25, 2005</h4>
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<p>I promised in my update to you on April 11, 2005 to present a chronology
of events, circumstances, actions taken and actions not taken in response
to the colossal conspiracy by several funeral directors in Central Massachusetts;
one of whom was serving as the Chairman, State Board of Registration of
Funeral Directors & Embalmers, Commonwealth of Massachusetts at the
time – a conspiracy to force me out of the funeral profession for
their own gain.</p>
<p>Since the last update on April 11, 2005 I have received and been in contact
with the Office of the Attorney General, Commonwealth of Massachusetts,
Thomas Reilly. That is more than I can say for Governor Romney and his Director
of Consumer Affairs & Business Regulation, Ms. Beth Lindstrom. Governor
Romney’s Office has forwarded two (2) separate (and yet two (2) exactly
the same) boiler plate letters indicating I soon would be hearing from the
appropriate agencies to which my correspondence was forwarded. Governor
Romney, “I am still waiting!”</p>
<p><strong>GOOD NEWS! </strong>The State Board of Registration of Funeral
Directors and Embalmers has finally, but only partially, responded to my
request and that of my attorneys and provided the name of the funeral director
who stated under oath and for the record, and for which the State Board
of Registration of Funeral Directors and Embalmers issued a Letter to Show
Cause to me on June 29, 2004, that I attempted to enter into a financial
arrangement for the purpose of referring pre-need customers in return for
a portion of revenue from the pre-need accounts. (We have yet to receive
a copy of the statement, the date, place, and time the statement was taken,
and who was in attendance). We’ll get this information, but let’s
see how long it takes this time?</p>
<p>It has taken almost a year to officially obtain the information below;
although through our investigative sources, the name of the individual and
the name of the funeral home have been known to us for some time. I would
not release the name of the funeral director or the funeral home without
first obtaining the information from the State Board – which was finally
forced to come out of hiding and release the information. The excuse given
by the Division of Professional Licensure was the funeral director was afraid
I would retaliate against the funeral home and that the funeral home would
lose business.</p>
<p>There was no mention of the disruption to the many many families that were
adversely impacted by the vicious and untruthful statements made against
me and the actions taken by the State Board as a result thereof without
due course and the opportunity to respond. There was no reference to the
loss of business by me (personally & financially) nor how much new business
was generated by my accuser as a result of in essence “putting me
on the shelf.” “It was my understanding in America; one is innocent
until proven guilty, but apparently NOT in Massachusetts.”</p>
<h2 class="titlesmall">But</h2>
<h2 class="titlesmall">Kevin Mercadante</h2>
<h2 class="titlesmall">Mercadante Funeral Home <br>
370 Plantation Street <br>
Worcester, MA 01605 </h2>
<h2 class="titlesmall">has finally been forced out of hiding and WILL now
be held accountable for his misguided and untruthful statements made to
the State Board of Registration of Funeral Directors and Embalmers.<br>
<br>
Let’s pause for a moment and review in general terms (the specific
details will be presented during a hearing with most of the families impacted
coming forth to tell their stories) who actually benefited from the statements
made by Mr. Mercadante and who ended up serving my clientele (families)
during the period in question – November 19, 2003 to present.</h2>
<h2 class="titlesmall"> With, but few exceptions, it is Kevin Mercadante,
Mercadante Funeral Home who has been the beneficiary of the new found business
by making untruthful allegations about and against me. Hummmmmmmm!!!!!!!<br>
<br>
“Kevin, GOD is watching, and so too is “LOUIE!”</h2>
<p>The investigator for the State Board, John Bresnahan, (who, by the way,
has not contacted me or interviewed me during the past 17 months or ever
for that matter, has conveniently found David Pickering, owner and funeral
director at Rand Harper Pickering Funeral Home in Westborough, Massachusetts
to be a party to Mr. Merecadante’s allegations. Yet, Mr. Pickering
directed the funeral of Mrs. Louise Bayrouty a period of time after the
Show Cause Letter was issued.</p>
<p>George Bayrouty, husband of Louise Bayrouty, has already submitted an affidavit
to Worcester Superior Court nullifying accusations and allegations made
by Katherine Mangsen, Nordgren Memorial Chapel. Mr. Bayrouty will be asked
to be present at the hearing at which time Mr. Pickering will be cross examined
as will Mr. Mercadante and approximately 23 others will be either examined
or cross examined in presenting the truth.</p>
<p>On December 9, 2003 the State Board of Registration of Funeral Directors
and Embalmers had a meeting at their offices in Boston. I was requested
to attend and rearranged my schedule to accommodate the request of the Board.
Prior to my appearance, Mr. John J. Kazlauskas, Chairman of the Board and
owner of Dirsa-Morin F.H. and Henry-Dirsa F.H.’s in Worcester was
the presiding Chairperson. Just prior to my being called into the meeting,
Mr. Kazlauskas made several derogatory and defaming comments, all lies by
the way, about me. When he realized his comments were being recorded, he
stated, “I take them back. Kim, can you erase them?”</p>
<p>It was suggested Mr. Kazlauskas recuse himself from the rest of the proceedings,
which he did. I was called into the room, was confronted by only what I
could call “a hostile environment” at best, and answered questions
posed to me. Prior to my departure, I asked if the proceeding were being
taped, to which the answer was “Yes!” I requested a copy of
the audio tape and that I would be pleased to pay any costs associated with
its reproduction, and I was informed that would be no problem. I was given
the business card of the gentleman who was taping the proceedings and the
very next day I emailed the request for the tape to him.</p>
<p>Immediately upon my departure from the meeting, Mr. Kazlauskas again assumed
the Chairmanship of the meeting, met with the Mangsen’s (party to
the action unto which Mr. Kazlauskas has just recused himself) and Mr. Kazlauskas
began to give advice, council, and direction to Kurt and Katherine Mangsen,
authors of complaints filed with the Board, and their attorney.</p>
<p>For more than a year the State Board of Registration of Funeral Directors
and Embalmers either refused to acknowledge our requests for the tape or
indicated they did not have the tape. It was not until 13 months later that
elements of the meeting of December 9, 2003 were published in a funeral
director’s trade association weekly publication entitled FUNERAL MONITOR
that my attorneys made a final request for the tape from the State Board
or legal action against the State Board would be the next step. The tape
finally found itself and was forwarded to my attorneys. We now possess this
extremely damaging tape (intentionally withheld unjustly due to the damaging
impact it is and will have on the actions taken by Mr. Bresnahan and the
State Board). The tape has been transcribed and so certified, and both the
audio tape and transcribed content of the tape will soon be available to
local and national media.</p>
<p>Equally distressing to us is the intentional delay by the State Board and
Division of Professional Licensure in conducting the hearing on the issues
at hand. It is clear why they would wish to delay the proceedings, but in
doing so – “Justice and Fairness” has taken a back seat
to accountability and politics.</p>
<p>The Letter to Show Cause Hearing was issued on June 29, 2004 giving me
21 days to request a hearing or all allegation, accusations, and supposed
findings would be considered accepted and acknowledged by me. I responded
for the hearing within the applicable timeframe. Had I not responded within
the timeframe, all my rights and privileges would have been forfeited.</p>
<p>Ten (10) months have passed and not only have we not had the required hearing,
the Division of Professional Licensure, in a hand written response to our
official request to have the hearing scheduled in Worcester County for the
convenience of all witnesses to be examined or cross examined – many
being elderly with very limited mobility – the handwritten response
denied the request for the hearing to be held in Worcester County. This
decision will be appealed to the Governor personally and publicly, if necessary.</p>
<p>In the event you did not know, John J. Kazlauskas, Chairman of the State
Board of Registration of Funeral Directors and Embalmers, succumbed to Pancreatic
Cancer 12 months after making the vicious and malicious allegations and
accusations against me during the December 9, 2003 meeting of the State
Board. It has been suggested to me that the State Board knew the severity
of Mr. Kazlauskas’s illness and did not wish for me to have the opportunity
to confront Mr. Kazlauskas and his allegations – thus intentionally
delaying the process of providing the audio tape of the December 9, 2003
meeting and not having the hearing in a timely manner realizing Mr. Kazlauskas’s
passing was imminent. Although I do not necessarily subscribe to this position,
from my experience to date with the applicable parties, I would have a difficult
time justifying the actions and lack thereof by the State Board of Registration
of Funeral Directors & Embalmers and the Division of Professional Licensure
to this point.</p>
<p><strong>The following response was received from the Office of the Attorney
General, Commonwealth of Massachusetts, Thomas Reilly, and for which I am
grateful to him and his staff for a timely response and directions to be
followed in my quest for truth and fairness in a system that clearly demonstrates:</strong><br>
<br>
<strong>“Justice Comes At A Very High Price!”</strong></p>
<div class="insert">
<p align="center">The Commonwealth of Massachusetts<br>
Office of the Attorney General<br>
One Ashburton Place<br>
Boston, Massachusetts 02108-1598</p>
<p> Thomas F. Reilly (617) 727-2200<br>
Attorney General www.ago.state.ma.us</p>
<p>April 8, 2005</p>
<p>Phillip Haddad, Jr<br>
9 Kenwood Avenue<br>
Worcester, MA 01605</p>
<p>Dear Mr. Haddad Jr:</p>
<p> Thank you for your letter in which you report the Board of Registration
in Funeral Service. You state in your letter that you filed a complaint
with the Office of Consumer Affairs & Business Regulation.</p>
<p> The is the appropriate agency with oversight of such matters. However,
please be informed the Attorney General’s Office takes note of every
complaint received and watches for a pattern of complaints related to
a particular company, individual, or industry. Should the problem you
describe develop into a case involving a large number of injured consumers,
we may be back in touch with you seeking additional information.</p>
<p> Thank you again for writing.</p>
<p> Sincerely,</p>
<p> Consumer Complaint and<br>
Information Section</p>
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