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<h3 class="title"><a name="#top"></a>The Pitfall of False Assumptions!</h3>
<h4 class="titlesmall">UPDATE: October 25, 2006</h4>
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<p>(Dedicated specifically to John Bresnahan, his supervisors, State Board
Members, State Board employees and State Board Legal Counsels with special
notice to Katherine Mangsen and Kevin Mercadante)</p>
<p> In less than four (4) weeks – (November 19th), we will celebrate
the three (3) year anniversary of the day funeral service in Massachusetts
saw its darkest day – the day funeral service and those commissioned
to uphold the public trust in the Commonwealth bought into a conspiracy
and compromised a process – actions that may well end the careers
of several of these government functionaries.</p>
<p>Since the last update on October 2, 2006 I have taken the time to read,
document, and categorize every word of the official testimony from the Administrative
Hearings of January 18, 2006, January 19, 2006, March 31, 2006, May 2, 2006,
June 14, 2006, July 12, 2006, and August 9, 2006 – seven (7) full
days of testimony that encompass approximately 1600 pages of documents.
This was accomplished in order to prepare what is termed a “Post Hearing
Briefing” which is my assessment of the facts in complaints filed
against me by Katherine Mangsen (Mrs. Mangsen being the wife of Kurt Mangsen,
president and CEO of Nordgren Memorial Chapel in Worcester since his dad’s
passing in 1996). </p>
<p><strong>For the record </strong>and I am still “blown away”
every time I read Kurt Mangsen’s testimony of March 31, 2006. Kurt
Mangsen had not read nor had he seen any of the complaints filed against
me on behalf of Nordgren Memorial Chapel by his wife prior to the complaints
being filed with the State Board. He had not read nor had he seen the complaints
filed against me by his wife, Katherine, more than two (2) years later.
And as the complaints were presented to him by me prior to questioning on
March 31, 2006, Mr. Mangsen was totally unfamiliar with their content up
to that very moment. One need ONLY ask, “Mr. Bresnahan, didn’t
your investigation training and experience in funeral service suggest –
just maybe – a red flag was wavering before your very eyes or were
you just so blinded by the prejudiced, biased, vicious, and defaming remarks
of the Chairperson of the State Board (John Kazlauskas) on December 9, 2003
that you and the State Board feasted on the bait that was laid out before
you by those with a personal agenda and vendetta as their modus operandi?”</p>
<p>Also since the last update, I have received documents that I requested
under the Public Records laws of the Commonwealth of Massachusetts (not
being legally trained, I sometimes refer to this process as a Freedom of
Information Act (FOIA) request) from Atty. Kathe Mullally, legal counsel
to the Board and Division of Professional Licensure. The documents requested
were the basis of a recent decision made by the Board that Westland Services
Corporation’s personalized landscaping business is directly related
to the disposition of Human Remains – which is a total over reach
and an unprecedented stretch of imagination by a prejudiced and biased Board
abusing its administrative powers to achieved its desired agenda at the
expense of the facts and the truth.</p>
<p>The documents provided to me by Atty. Mullally ONLY after I contacted the
Secretary of State’s Office of Public Records compliance, created
more questions than answers; which then led me to Attorney James R. Anliot,
former Board attorney for many years and Board attorney until December 19,
2003. Atty. Anliot is no longer employed by the Commonwealth of Massachusetts
and is now an associate with Affiliated Monitors, Inc. at 21 Custom House
Street, Boston, MA. </p>
<p>I contacted Atty. Anliot as his name was referenced in an investigative
report by Mr. Bresnahan dating back to the 1st quarter of 2006 along with
correspondence that was provided to me by Atty. Mullally. After speaking
briefly with Atty. Anloit on the phone, he agreed to meet with me, and we
scheduled a meeting at his office in Boston for 2:00PM on Tuesday, October
10, 2006; at which time I was to bring documents for his review and we were
to discuss issues surrounding the document and a recent decision of the
Board.</p>
<p>Tuesday morning, October 10, 2006 came and as I was preparing to depart
for Boston for other meetings in addition to meeting with Atty. Anloit,
I received a phone call from Atty. Anliot indicating he was unable to meet
with me due to other commitments; but was willing to speak with me on the
phone. I requested another date and time of his choosing to meet at any
location between 6:00AM and 11:00PM any day of the week, but apparently
his schedule would not permit time for us to meet. </p>
<p>We proceeded to speak on the phone for almost 45 minutes and surprising
to me, the conversation spanned a much wider area of concern than I expected
we would cover. The full content of our discussion will be presented only
after I have provided Atty. Anliot with the complete dialogue to critique
as I ended up with almost 4 full pages of text from our discussion.</p>
<p>Also as a result of information provided to me by Atty. Mullally, I contacted
Mr. William McDonald, past Chairperson of the State Board back in the mid
1990’s at his funeral home in Wakefield, MA. Mr. McDonald was extremely
defensive and down right rude, to say the least, and his abusive comments
ended abruptly without comment from me as Mr. McDonald just hung up on me.
I was not surprised nor was I shocked as I had just a few days earlier reviewed
correspondence regarding a meeting I was requested to attend in the mid
1990’s and wherein Mr. McDonald displayed the same type of behavior
as Chairman of the State Board. (I provided Mr. McDonald with an accurate
depiction of our conversation, for his comments if he wished prior to it
being presented on this web site. To date I have not received correspondence
from Mr. McDonald, and I shall withhold the content of our brief conversation
and his specific comments for a subsequent update).</p>
<p>I also contacted Frank Murphy, Murphy Funeral Home in Salem, and also a
past member of the State Board in the mid 1990’s. Mr. Murphy was very
professional, very courteous, and a gentleman; quite refreshing after only
moments earlier having spoken with Mr. McDonald. Mr. Murphy had no recollection
of being interviewed by Mr. Bresnahan in February 2006 and had no objection
to meeting with me; but wished to speak with the Board and to potentially
have legal counsel for the Board present during the meeting. I was in total
agreement with Mr. Murphy’s request, and it was left that Mr. Murphy
would contact me in a day or two. I had not heard from Mr. Murphy a week
later, and have followed up with two (2) phone calls and left messages with
a gentleman named Tom, who was to have Mr. Murphy get back to me. I am awaiting
a call back from Mr. Murphy.</p>
<p>Yes, I have been busy since the last update, but there is more –
much more. I was finally wrapping up the “Post Hearing Briefing”
(an enormous effort, I assure you) and arranging for the Briefing to be
velo-bound as I did with the responses to the complaints I filed with the
State Board. As an addendum, I also provided each member of the State Board
and Mr. Bresnahan with velo-bound copies in early 2004. When I realized
it would be best if I hand delivered the Briefing to Atty. Colleton, I emailed
Atty. Colleton, Administrative Hearings Counsel, indicating I would be delivering
the Post Hearing Briefing between 1:00 and 3:00PM on Wednesday, October
18, 2006 – the day agreed to by all parties to the process. I asked
for the location, floor and room number whereby I could deliver the briefing.
Additionally, I had requested copies of the audio tapes of the seven (7)
days of hearings and wished to verify that I was bringing payment for the
tapes and wished to secure the complete and full set of audio tapes at that
time. Atty. Colleton indicated the location and to whom I should speak with
to secure the audio tapes.</p>
<p>I arrived at the 4th floor at 239 Causeway Street at 1:10PM on Wednesday,
October 18, 2006 accompanied by my wife, Carolyn, and proceeded to the Office
of prosecutions, where we were greeted by Leslie Alexander, prosecution
counsel. Atty. Alexander immediately escorted us to the Office of Atty.
Colleton. What happened next was <strong>“beyond belief” </strong>–
even taking into consideration the process that had been followed during
the past 35 months. </p>
<p>Atty. Colleton appeared shocked to see us and indicated I should leave
the Post Hearing Briefing on Maria’s desk just down the hall a few
feet away. I indicated I wished to have a receipt signed and dated that
the Post Hearing Briefing was delivered and received by someone. Atty. Colleton
stated in no uncertain terms, “I’m not taking the time to make
up a receipt and we don’t generally give them out anyway”. I
responded, “I have the receipt already prepared. All someone needs
to do is print their name and sign and date the receipt”. Obviously
upset, Atty. Colleton did take a date stamp, stamped the receipt, signed
it and said, “here take it, but what are the other copies for?”
I indicated one copy was for her to have for her records and the third copy
was there in the event a mistake was made on one of the other two. Atty.
Colleton’s response was, “I do not need a copy for our records.”</p>
<p>I, then, asked about the copies of audio tapes Ms. Colleton had made during
the 7 days of Administrative Hearings; and which she had arranged for their
reproduction – at a cost to me of $172.00 as I handed Atty. Colleton
my personal check for this amount. Atty. Colleton took the check and indicated
the audio tapes were in the large envelope. I indicated I wished to have
a receipt for the audio tapes and presented Atty. Colleton with a prepared
receipt for the audio tapes. At this point, Atty. Colleton completely lost
it. Her response was, “I’m not giving you a receipt for the
tapes. I don’t have to” as she quoted some state regulation,
which was unfamiliar to me. When Atty. Colleton took a brief moment to review
the wording in the receipt for the audio tapes, she grew even more angry.
“I am unable to verify if the audio tapes are a full and complete
set of the proceedings of the hearings, and I’m not going to sit down
and listen to all of them”. I responded, “I will be pleased
to wait for Maria (I do not recall her last name) to return from lunch.
I’m sure she can verify the fact that the audio tapes are a full and
complete set from the 7 days of hearings”. Atty. Colleton’s
response, “I’m not going to let her speak with you.”</p>
<p>I then suggested to Atty. Colleton that we take a moment, open the envelope,
and at least together review the labeling of the tapes to see that all days
were appropriately labeled and at the same time we would be reasonably assured
the completeness of the package of tapes. Atty. Colleton refused, denied
my request to use a conference room to inventory the tapes, indicated she
had a conference to attend, and escorted Mrs. Haddad and me out of her office
area and into the hallway. I indicated I was not leaving until I inventoried
the audio tapes, to which Atty. Colleton stated, “if any are missing,
send in a letter”; and she walked off.</p>
<p>Carolyn and I proceeded back to the Office of Prosecutions, was given a
conference room, and we proceeded to inventory the audio tapes while we
waited for Attorneys Read and Alexander. Both attorneys (Read & Alexander)
entered the conference room as we had the audio tapes stacked up by specific
dates – and both attorneys (Read & Alexander) observed that ONLY
six (6) days of audio tapes were present for a total of 18 tapes. Audio
tapes for Thursday, January 19, 2006 were missing.</p>
<p>Carolyn and I returned to the office where Maria sat in hopes that she
would have by now returned from lunch. We were greeted by Atty. Robert Horacek,
legal counsel, Division of Professional Licensure, who went out of his way
to listen, understand, and attempt to resolve the issue. Atty. Horacek initially
asked that we wait in the Library until Maria returned, but soon asked if
we would wait in the hallway, which we certainly were agreeable to. Within
10-15 minutes, Atty. Horacek returned with Maria to the hallway; at which
time he and Maria laid out the tapes from the envelope given to me by Atty.
Colleton and arranged them by dates. They then left and returned with what
appeared to be the original tapes and compared them to those provided to
me by Atty. Colleton.</p>
<p>Atty. Horacek indicated that indeed the audio tapes for January 19, 2006
were either not part of the package or may have been mis-labeled; but regardless
he would see to it that the issue was reviewed and corrected in a short
period of time and that there would be no need for me to make another trip
into Boston to secure the missing tapes if in fact tapes were indeed missing.
Carolyn and I departed at 2:35 PM (an hour and 25 minutes after we arrived,
for what we had expected to be a 10 minute procedure). (Atty. Horacek is
by far the most professional civil servant I have met and dealt with at
the State level in the past 35 months). </p>
<p>The topic of this update is <strong><em>“The Pitfalls of False Assumptions”</em></strong>,
which is as basic as <strong>“Life in the 21st Century – 101”</strong>.
What I have presented thus far is a “pattern of activity” based
upon preconceived false assumptions on behalf of Mrs. Mangsen, Atty. Sinrich,
(Nordgren’s legal counsel), Mr. Bresnahan, Mr. Kazlauskas, Mr. Mercadante,
the State Board in 2003 and today, Attorneys Read and Alexander, functionaries
of state government, and Madam Hearings Counsel, (Atty. Colleton). </p>
<p>Let me say it a different way.</p>
<p>The way children see the world, the way they communicate, and what they
feel confident about and worry about is different from how adults see the
world, communicate, etc. The same is true for you and me and for the seniors
and their families we deal with on a daily basis as we assist them as they
transition a loved one to the next life. Thinking that we “know”
what is important to seniors and to those we deal with each and every day
as a result of our own experiences is a flawed process. It is based solely
on “False Assumptions” and is the pitfall that each of the aforementioned
individuals in their respective roles have succumbed to.</p>
<p>Life doesn’t work this way. Beneficially working to obtain the truth
means acquiring the facts not what one wants to be factual. In order to
reach this high plateau (I shall call “Truth and Justice”) one
must command a deeper knowledge and broader understanding of the essence
of the truth, the motivation of those involved in the process of gathering
facts to support truth, and the ultimate resolution that will stand the
scrutiny of the supreme Being we shall all soon answer to. Just like working
with children requires its own set of skills and abilities, so too does
arriving at the truth require a special set of skills and abilities as well
as the innate desire to be sure of ones actions and statements before drawing
conclusions.</p>
<p>Until we face our mortality for the first time and as we get older we face
our mortality every day, you may not rationally be aware of the importance
of the truth in everything we do. The stakes have never been higher for
funeral service, if only because we have so many more seniors these days
and will have even more in the future. We need to listen to them; after
which we need to act on their behalf and according to their wishes. More
than ever, we need to be true to them now and in the future – do you
see the value of getting to “The Truth?”</p>
<p>The false assumptions made by the aforementioned named parties about families
that were advised and counseled by me – assumptions and conclusions
found only to be false and distorted when the families received “ugly”
subpoenas and were forced to travel to Boston to relive the loss of loved
one, because false and malicious statements were made to and by the State
Board without the facts and no effort was made to validate the veracity
of the false statements, is a tragedy that cannot be rectified in their
lifetimes. We all must realize no matter what your field or motivation,
you take the risk by not knowing as much as you can about the facts and
about seniors you’re dealing with, and given their age, making mistakes
as has been the case in these proceedings can have a much greater and more
serious consequences than working with younger people who have more years
to recover from uninformed and misguided decisions and conclusions that
relate to our actions.</p>
<p>To best summarize what I have attempted to present to you in this update
is –</p>
<p><strong>“It isn’t what you know that gets you into trouble.
<br>
It’s what you think you know that isn’t true that causes the
most trouble!”</strong></p>
<p> I shall conclude by saying – </p>
<p><strong><em>“No Pleasure is comparable to standing upon the advantaged-ground
of Truth!”<br>
</em></strong></p>
<hr size="1" noshade>
<p><strong>Next Update – November 6, 2006<br>
</strong><strong>Subject – “Living a Lie”</strong></p>
<p><em>(Each subsequent Update will identify an individual and present the
facts supported by the truth to establish that the subject individual is
now and will continue to “Live a Lie” for the rest of their
life, or until they come clean by becoming clean. I ask that you do not
judge anyone harshly or irresponsibly, but based solely on the accumulation
of all facts as presented in this matter).</em><strong><br>
</strong> </p>
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