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<h3 class="title"><a name="#top"></a>Part 2: Kevin Mercadante (Mercadante
Funeral Home & Chapel) Plays Pivotal Role in Conspiracy? Surprised He
Wasn’t Called as a Prosecution Witness! Is He and His Funeral Home
the Beneficiary of Families and Business that had previously been served
by me during this charade?<br>
<br>
YOU BE THE JUDGE! <br>
</h3>
<h4 class="titlesmall">Mr. Mercadante’s complete testimony on July 12,
2006 presented in this update!<br>
UPDATE: August 28, 2006<br>
</h4>
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<p><em>I suggest you take a moment and re-read the Update from August 18,
2006, which will enable you to get a true sense of the “over-reach”
Mr. Mercadante and Mr. Bresnahan, inspector for the State Board, conspired
to take to discredit and defame me. Their individual testimonies, which
will be presented in this update, tell volumes as to their character and
motives. Unfortunately they “suckered” David Pickering, Rand
Harper Pickering – Westborough Funeral Home into the mix.</em></p>
<p>The second statement in the Order to Show Cause dated June 29, 2004 and
signed by Ms. Kathy Cartmell-Siricco, Chairperson of the State Board at
the time and present owner of Cartmell Funeral Services, Inc. (remember
Ms. Cartmell-Siricco, for I have a great deal to share with you regarding
her participation and statements at the December 9, 2003 meeting of the
State Board to be presented in a future update) and that pertains directly
to Mr. Mercadante is as follows:</p>
<div class="insert">
<p> <strong>“On at least one occasion after your termination from
Nordgren Chapel you attempted to enter into a financial arrangement with
a licensed funeral home for the purpose of referring pre-need customers
to the funeral home in return for a portion of the revenue from the pre-need
accounts”</strong></p>
</div>
<p><em>I shall now allude to the “charade” we went through with
the State Board in an attempt to obtain the name of the licensed funeral
home(s) referred to above. </em></p>
<p>My attorneys on numerous occasions attempted to obtain the name of the
funeral director, the name of the funeral home, the date and time the statements
were made by the funeral director(s), who else was present at the time of
the interview, and a copy of the statement made by the funeral director(s)
and signed by the funeral director(s) as prepared by the investigator -
that I supposedly attempted to enter into a financial relationship with
for the purpose of referring pre-need customers in return for a portion
of the revenue from the pre-need accounts, <strong>but to</strong> <strong>no
avail</strong>. Letters went to the State Board investigator, the State
Board itself, legal counsel for the State Board, the prosecution attorney,
and even the Administrative Hearings Officer – copies of correspondences
readily available. </p>
<p>My attorneys were told by the prosecution attorney that the funeral director(s)
were concerned that I would retaliate against them if their names were known,
and therefore the prosecution attorney was not authorized to release names.
The State Board through the prosecution attorney did agree to release the
name(s), if I would promise not to retaliate in any way. I could not and
would not agree to this demand.</p>
<p>Finally, months later, the names of Kevin Mercadante and David Pickering
were released to us as the funeral directors that made the statements alluded
to above, <strong>BUT No Written Statements were provided</strong>! </p>
<p>We demanded copies of the statements made by Mr. Mercadante and Mr. Pickering,
and we soon learned NO STATEMENTS were ever taken by John Bresnahan, investigator
for the State Board and no documented and signed statements existed. We
were subsequently told by the prosecution attorney and further documented
in correspondence from the Administrative Hearings Counsel that if we wanted
statements from either Mr. Mercadante or Mr. Pickering, we could go and
interview them ourselves! <strong><em>“Can you believe this?”</em></strong>
We, me and my attorneys, were blown away!!!!!!!!!!!!!! An investigation
supposedly took place, judgments were made contrary to what I had presented
in response to a complaint, statements were made by Mr. Mercadante and no
official record of the statements existed – and we’re told if
you want a statement – “go and interview Mr. Mercadante yourself”!
<em> <strong>This is still America – isn’t it?</strong></em></p>
<p><strong><em>Yet, I’m told, “Mr. Haddad, you will receive a
fair, just, and impartial hearing. It is my role to see to it!” </em></strong></p>
<p>To reiterate, <u>No Statement</u> was taken by Mr. Bresnahan when interviewing
Mr. Mercadante. Mr. Mercadante did not then or ever sign a document attesting
to the statements he made to Mr. Bresnahan. As for Mr. Pickering, the same
holds true, but read what is even more shocking, <strong><em>Mr. Bresnahan
did not even speak with Mr. Pickering until 2 days after the Order to Show
Cause was signed by Ms. Cartmell-Siricco</em></strong> and yet Mr. Pickering,
and not Mr. Mercadante, was called as a Prosecution Witness at the Hearing
– even though Mr. Pickering was not involved in any way with the issues
alluded to in the Order to Show Cause. <strong>Fair, Just & Impartial!!!</strong></p>
<p>On May 2, 2006, Mr. Bresnahan testified for the Prosecution – testimony
lasting less than 25 minutes. Cross-Examination of Mr. Bresnahan by me lasted
approximately 4 hours. I shall accurately re-state several of Mr. .Bresnahan’s
statements to questions posed to him for the purposes of this update. (For
a complete transcript of Mr. Bresnahan’s testimony, please contact
me and I shall be pleased to provide it to you at no cost).</p>
<p>As a result of Mr. Bresnahan interviewing Mr. Mercadante; Mr. Bresnahan,
who didn’t get a written statement from Mr. Mercadante, came away
with the belief that after I was terminated from my association at Nordgren
Memorial Chapel by Kurt Mangsen I had attempted to enter into a financial
arrangement by referring pre-need funeral arrangements I had made with families
and as a result I would receive a portion of the pre-need funds when the
death occurred. <strong>Please note: </strong>there is no record nor has
any family ever complained or alleged I attempted to convince them to move
their pre arranged funeral plans from Nordgren’s to Mercadante or
any other funeral home. Quite the contrary. Families that have been referenced
by Mrs. Mangsen and Mr. Mercadante as having been influenced to do so, have
stated under oath – just the opposite. But Mr. Bresnahan stated clearly
on December 9, 2003 before the entire State Board as he spoke to me, and
I quote, <em>“Well, it is my understanding, and this was commonly
shared amongst funeral directors in Worcester, that you actually went and
spoke to people who you refer to as your families and offered to take them
to another funeral home”. </em></p>
<p>When I cross-examined Mr. Bresnahan and asked the names of the Worcester
area funeral directors who he referred to in the aforementioned statement,
Mr. Bresnahan responded, “the funeral directors were Kevin Mercadante,
David Pickering, and John Kazlauskas (Mr. Kazlauskas being Chairman of the
State Board at the time).</p>
<p>Now we have Mr. Bresnahan stating under oath that after my termination
from Nordgren Chapel, Mr. Mercadante indicated I attempted to enter into
a financial arrangement with his funeral home for the purpose of referring
pre-need customers to Mr. Mercadante’s funeral home in return for
a portion of the pre-need revenue.</p>
<p>I shall now present Mr. Mercadante’s testimony of July 12, 2006 in
its entirety. You will note for the purposes of space consideration ONLY,
four pages of testimony appear on each page of the attachment starting with
page 68 and continuing to/through page 115. Although all of Mr. Mercadante’s
testimony is eye-opening to say the least (it gives you a great insight
into the man, his motives, and reasons for his actions), I ask that for
the purposes of his direct involvement in the complaint filed by Mrs. Mangsen
and supported by Mr. Mercadante, you read with special attention and emphasis
that which is underlined – both questions posed by me and responses
to the questions from Mr. Mercadante.</p>
<div class="insert">
<p>It is required that you have the <a href="http://www.adobe.com/products/acrobat/readstep2.html" target="_blank">Adobe
Reader</a> installed on your computer to view the following email message.</p>
<p> <strong>*</strong> Mr. Kevin Mercandante's testimony from July 12, 2006
(<em>*Note: This is a large file and may take some time to download</em>)<br>
<a href="/documents/Mercandante-Jul-12-06">[Mercandante-Jul-12-06.pdf]</a></p>
</div>
<p>Mr. Mercadante, while under oath (<em>please see page 86, line 22 and continuing</em>),
I asked Mr. Mercadante if he had a conversation with Mr. Bresnahan at which
time he indicated that I, Philip Haddad, had attempted to enter into a financial
arrangement with you….. Mr. Mercadante’s response, “Yes,
I did!” Mr. Mercadante soon after stated, “We didn’t discuss
any financial, because I didn’t want to do it at that time”.</p>
<p>Yet, Mr. Bresnahan, without any written statement from Mr. Mercadante,
made the <strong>“major over-reach”</strong> and the blatantly
incompetent State Board jumped at the opportunity to state in the Order
to Show Cause - I attempted to enter into a financial arrangement with Mr.
Mercadante. In order to support his challenge to get me in any way and in
any manner possible – even to the point of “fabricating circumstances
and time-frames to substantiate an assassination of my character”
and most probably to impress Mr. Kazlauskas and Mr. Mercadante at my expense,
Mr. Bresnahan and his supervisors need now be held accountable for the $1M+
waste of state resources. To this end, I am committed.</p>
<p>As you read Mr. Mercadante’s testimony (questions I posed to him
and his answers thereto), you will note his statements <strong><em>“it
appeared to me”</em></strong>, yet with no verification of facts before
he too jumped to conclusions – all the while knowing that if “Phil
Haddad is no longer able to practice as a funeral director, I, (Kevin Mercadante,
Mercadante Funeral Home & Chapel), will get the lions share of the business
that Phil Haddad served”. Although Rev. Fr. Michael Abdelahad was
unable to recall what funeral home was the major beneficiary of death calls
as a result of my being unable to serve the Orthodox Community, every funeral
director in the Worcester county area as well as every other clergyperson
in the Worcester area knows well Mercadante Funeral Home and Kevin Mercadante
have been the beneficiary and recipient of business that I routinely served.</p>
<p>In another forum and at another time in the near future, I shall publish
for ALL to KNOW, the names of the families that patronized Mercadante Funeral
Home and Chapel since November 19, 2003 that had either directly or indirectly
contacted me just prior to or at the time of the death of a loved one –
and that as a result of learning for a fact that I was not able to be of
service to them, chose of their own volition to bring their loved ones to
Mercadante Funeral Home.</p>
<p>Dianne Williamson of the Worcester Telegram & Gazette did an article
several months ago alluding to facts that were available to her concerning
the attacks on me and Mr. Mercadante’s involvement in the issue. I
was advised by counsel at that time, counsel that has since withdrawn from
the case, not to speak with Ms. Williamson. I wanted so much to present
the facts, but honored the advice of counsel. Mr. Mercadante stated to Ms.
Williamson and she published his statement in her column – Mr. Mercadante,
“I will not lie for him!”(referencing me, Phil Haddad).</p>
<p>I ask you now to turn to Mr. Mercadante’s testimony, Page 102, line
13, </p>
<div class="insert">
<ul>
<li>Question – Mr. Mercadante, regarding the issues before us, did
I ever contact you and ask you to lie for me?<br>
</li>
<li>Response by Mr. Mercadante – “NO!”<br>
</li>
<li>Question – Mr. Mercadante, did you state in the Worcester Telegram
and Gazette, in Dianne Williamson’s column, and I quote, “I
won’t lie for him or anyone else?<br>
</li>
<li> Response by Mr. Mercadante – “YES!”</li>
</ul>
</div>
<p>It is obvious what Mr. Kazlauskas and the State Board’s motives and
actions are. I have an audio tape to prove it, even though Mr. Kazlauskas
(now deceased) most probably is attesting for his participation at this
very moment. It is obvious what Nordgren Memorial Chapel and the Mangsen’s
motives and actions are, but their distortions and lies and those of their
legal counsel continue to be a source of embarrassment to them and the State
Board that bought their every word as being factual –<strong> <em>“trusting
without verification!”</em></strong> Where were you, Mr. Bresnahan??????????????</p>
<p>And now we have Kevin Mercadante! <em><strong>I keep asking myself, “why
would Kevin Mercadante even think of entering this obvious attempt to assassinate
my name, reputation, and character?</strong></em> We have known each other
professionally for many years. His father, Louie, must be turning over in
his grave repeatedly; if you are to believe, as do I, that the Good Lord
and hopefully Louie is a witness to his son’s participation in this
vicious, malicious, and unethical series of actions. Louie Mercadante advised
me as a young man as I was just entering funeral service and was my mentor
as stated in detail in a previous update. And now we have his son, Kevin,
making judgments (incorrect and misguided judgments and statements) to a
State Board investigator that are distortions of the truth at the very least.
Families have come forth to testify and verify the inaccuracy of Mr. Mercadante’s
statements and judgments.</p>
<p>I am NOT one to draw conclusions without the facts. I am NOT one to make
a determination without giving everyone involved the benefit of the doubt.
I will NOT make a statement or take a position without giving all parties
to the issues at hand an opportunity to set the record straight. I have
done this for others in this malicious process and have done so now with
Mr. Mercadante. The ultimate and only conclusion I can make, based solely
upon ALL the facts, the testimony of the families referenced, and now the
testimony of Mr. Mercadante himself, is that Mr. Mercadante’s ego
and desire to “put me on the shelf” was the motive for Mr. Mercadante’s
false and misleading statements and actions. Assuming the conclusions I
have drawn are correct, Mr. Mercadante’s participation in the process
and reasons for same were successful; for he and Mercadante Funeral Home
and Chapel have been the major beneficiary of my inability to practice as
a funeral director since November 19, 2003 while this process shakes itself
out.</p>
<p>Isn’t this a great day to be a funeral director in not only Worcester
County, but in the Commonwealth of Massachusetts? Why is it that the average
consumer has little faith and trust in funeral service today? A quick glance
at the aforementioned parties to this process may well give you a good indication.
</p>
<p>More facts as they have been presented in actual testimony while under
oath by families directly referenced by the Mangsen’s and Mr. Mercadante
will be presented in updates soon.</p>
<p><strong>Next Update – September 7, 2006</strong> </p>
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