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<h3 class="title"><a name="#top"></a>The Chronology of “Institutional
Corruption” – Unfortunately, a reality in Massachusetts!<br>
</h3>
<h4 class="titlesmall">UPDATE: February 4, 2007</h4>
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<p><strong>“Justice at what price?”</strong> Justice will become
a reality soon.<em> Justice </em>will prevail, but at a very high price.
Oh, not to me, for I shall get every penny I have expended in the past 39+
months (3 years and 3+months) not to mention the documented hours of my
personal time defending myself against fabricated allegations, accusations,
and actions of persons referenced in previous updates that rank amongst
the most despicable people ever created. To think that many of them practice
in funeral service today and are representative of an industry wherein families
entrust their loved ones to them at the time of the passing of a loved one
is truly scary, to say the least.</p>
<p>In the last Update (January 22, 2007), I addressed the despicable, documented,
and proven statements and actions of Kevin Mercadante and his deliberate
participation in the conspiracy and corruption that will shadow him every
day of the rest of his life – or until he becomes clean by coming
clean. How long he can continue to look in the mirror without seeing for
himself what others have seen for some time is anyone’s guess.</p>
<p>As stated above, the subject of this Update is – <strong><em>“The
Chronology of “Institutional Corruption”</em></strong>, unfortunately
- a <em><strong>Reality in Massachusetts!</strong></em>” You can’t
“rape the willing”, but you can exert influence on those who
choose to be corrupted by championing that which they know to be “fiction”
– yet these same people can be so corrupted to be convinced the fiction
is factual. Allow me to explain.</p>
<p> After serving 32 years in public service at the federal level and during
which time I was trained, certified, and acted as a mediator between employees
and their complaints made against management, I became a <strong>“real”
</strong>believer in the process of government and the so-called <strong>“system”</strong>.
With that as the “back drop” for my beliefs, when I was confronted
by allegations, accusations and non-truths, I did not run and hide. I did
not panic! I did not over-react! I knew when given the opportunity to respond,
I had the “real” facts and the “real” truth –
and that was sufficient to end the process and have the burden fall squarely
upon those fabricating so-called facts from fiction.</p>
<p>What I did not see coming and at the same time did not know was that while
all this was going on; behind the scenes I was being viciously attacked
by the person who was appointed as the Chairperson of the State Governance
Board, John J. Kazlauskas, who had served on the State Governance Board
for several years, and who now was attacking me personally, my character
and integrity, and the dignity I had earned having served the public trust
for 32 years and families that had lost loved ones for more than 23 years.
The actions of Mr. Kazlauskas were but the 1st instance of a system and
process of government being corrupted not by the system itself, but by those
who would choose to attempt to protect their own at the expense of truth
and justice. As you will see, people became corrupted by their own actions
as they championed allegations and accusations without verifying their veracity.</p>
<p>In the room on December 9, 2003 at the time of Mr. Kazlauskas’s vicious
attack on me (I not being in the room at the time), in addition to Mr. Kazlauskas
were Kathy Cartmell-Siricco (secretary of the State Governance Board), Board
Members – Edward Mazur, Ralph Barile, & Judith McCarthy; State
attorneys, James Anliot and Christopher Carroll; Helen Peveri and Kim Scully,
Executive Director and Assistant Executive Director respectfully; along
with Mr. Byron Blanchard, a consumer advocate. Yet, I am told in person
and in correspondence from the Administrative Hearings Counsel assigned
in this matter, Anne Colleton, as well as by prosecutors, James Read and
Leslie Alexander that although unfortunate be the comments made by Mr. Kazlauskas,
his statements and actions in no way influenced, biased, or prejudiced the
process or the parties to the process. (I <strong>suggest</strong> to Ms.
Colleton and Attorneys Read and Alexander, you need only take the time to
listen to the full audio taped minutes of the December 9, 2003 Meeting of
the State Governance Board as well as read the maligned, misguided, and
distorted complaints filed by Mrs. Mangsen, my responses thereto, as well
as the testimony of the witnesses for my defense and any “objective
party” can clearly see that the State functionaries failed the system
and the process, the State attorneys failed the system and the process,
and the State Board, to include new members who have evolved to the State
Governance Board since December 9, 2003, have all failed the system and
the process by allowing themselves to become co-conspirators in a<strong>
“Witch Hunt”</strong> that has caused the taxpayers of Massachusetts
an estimated<strong> $1.7M</strong>).</p>
<p>Before I lay out the chronology of corruption, which validates the conspiracy,
validates the incompetence, and validates the attempted cover-up; I must
take a moment and re-live a game we played as children many years ago. The
game is called – <strong><em>“Pig Pile”</em></strong>!
The game was played that once the person (called the pig) we were chasing
was caught and ultimately tackled, all those chasing this one person would
pile on – thereby piling onto the “pig” – so to
speak. Hence, the name - Pig Pile! This example is reflective of exactly
what happened with the State Governance Board Members, the State Attorneys,
the State Government functionaries, and certain funeral directors that saw
an opportunity to gain personally, professionally, and financially by piling
on – only to now find themselves naked and fully exposed with no place
to hide. One need only review the audio proceedings on December 9, 2003
to hear the state investigator addressing me as a <strong><em>“scavenger”
</em></strong>– yet moments later stating “I have never laid
eyes on the man” in reference to me. This, ladies and gentlemen and
readers of this web site, is called “Pig-Piling”- yet Attorneys
Read and Alexander had the audacity to state in their Post Hearing Briefing
that no one in the process was biased, prejudiced, or adversely influenced
by Mr. Kazlauskas’s remarks and statements on December 9, 2003.<em><strong>
(Wake up now Attorneys Read & Alexander – the dream is over)!</strong></em></p>
<p>Now to the Chronology of events and the <strong>“Abuse of Process”</strong>!</p>
<p>The date is November 19, 2003. The place is Nordgren Memorial Chapel in
Worcester. The State government functionary, John Bresnahan, performs an
inspection of “supposed pre-need funeral arrangements”. Under
oath, Mr. Bresnahan states he has not met Mr. or Mrs. Mangsen or Mr. Ronald
Johnson prior to this time (November 19, 2003). Mr. Bresnahan determines
documents were missing from two (2) of the files he reviewed and indicated
he was going to request that Nordgren officials appear before the State
Board to explain the discrepancies surrounding the missing documents. Mr.
Bresnahan, under oath, stated it was his belief Nordgren officials would
discuss the concerns with me before the scheduled December 9, 2003 meeting
of the State Governance Board. </p>
<p>Not only was I not given an opportunity to be apprised of the issues, but
the Mangsen’s, who were attempting to find a rationale reason to terminate
my employment, used the investigation to immediately terminate my employment
and therefore lock me out of the process of reviewing the files in question.
Any responsible government functionary would have immediately seen a “red
flag” pop up in front of his/her eyes, but not Mr. Bresnahan.</p>
<p>As I stated previously, Mr. Bresnahan, a trained investigator for the Division
of Professional Licensure, indicated he had not known nor had he met the
Mangsen’s (Kurt and Katherine) or Ronald Johnson prior to his inspection
on November 19, 2003. Mr. Bresnahan did not review any additional files
other than the five or six (depending whose testimony you wish to believe)
between November 19, 2003 and the date of the State board Meeting on December
9, 2003 and he DID NOT visit Nordgren Memorial Chapel a second time prior
to the December 9, 2003 meeting of the State Governance Board. Yet during
the meeting of the State Governance Board, the professionally trained investigator
for the Division of Professional Licensure addresses Mrs. Mangsen as “Katherine”
on numerous instances and indicates in a humorous manner, we have a special
line (telephone line) set up for Katherine. Additionally, Mr. Bresnahan
referring to Mr. Johnson (Vice President and member of Nordgren Memorial
Chapel’s Board of Directors) stated “Ron, tell the Board what
you told me”! </p>
<p>Soon thereafter, correspondence went back and forth to and from Mr. Bresnahan
and Mrs. Mangsen addressed by Mrs. Mangsen and the secretary at Nordgren’s,
Gail Wiles – “Dear John” and signed Katherine (or in other
instances, Gail). Not only did Mr. Bresnahan compromise himself and his
professional responsibility to the Division of Professional Licensure, but
he violated ethical standards of conduct in the performance of his duties
and responsibilities by “hopping into bed with the Mangsen’s
and Mr. Johnson” and in essence eliminating any possibility of being
able to conduct a fair and impartial investigation.</p>
<p>Mr. Kazlauskas, the State Governance Board Chairperson on December 9, 2003,
read a letter from a pre-need funeral arrangement file (specifically the
pre-arranged funeral file for Mrs. Eliza Haffty) that had not been viewed
or reviewed up to this time by Mr. Bresnahan. Mr. Kazlauskas disseminated
the letter to Board Members including Mr. Bresnahan as he read the letter
out loud. The question that immediately would come to anyone’s mind
were they inquisitive in any way is “How did Mr. Kazlauskas come by
this letter from a pre-need funeral arrangement if not from Mr. Bresnahan”?
“Could he have received it from Mrs. Mangsen outside the administrative
process”? “Could he have received it from his good friend, Ronald
Johnson”? No one publicly has the answer or is willing to come forward
with an explanation, for to do so would validate the conspiracy which was
soon to be exposed.</p>
<p>It’s a matter of record that Mr. Kazlauskas verbally assaulted me
on December 9, 2003 after reading from this letter. The documentation is
readily available in transcript as well via audio tape (both in my possession).
</p>
<p>Moving on Mrs. Mangsen, with the encouragement and support of the State
Governance Board and the State functionary, Mr. Bresnahan, filed three (3)
complaints against me with the State Governance Board. Once recorded and
triaged (I’m told), the complaints were forwarded to me for my response
with a suspense of ten (10) days from the date of the letter to respond.
Although I requested a 21 day extension for one of the complaints in order
to respond since I did not have access to files and correspondence to respond
timely and accurately, I was able to meet each suspense date with accurate
and extremely well documented facts and truly detailed responses.</p>
<p>(As an aside, and you probably won’t believe it – <strong>on
the other hand, I’m <em>sure</em> you will believe it</strong> –
after sending the first 2 complaints to my residence, Mr. Bresnahan sent
Mrs. Mangsen’s 3rd complaint to me at Caswell-King Funeral Home for
a response– a funeral home I had not been associated with for more
than 9 years. Mr. Caswell was kind enough to forward the complaint to me
at my residence). </p>
<p>On June 29, 2004, Ms. Kathy Cartmell-Siricco, on behalf of the State Governance
Board issued to me an Order to Show Cause, having given NO (ZERO) credence
to the detailed and comprehensive responses I had provided to the complaints
filed by Mrs. Mangsen. What we had here was an Order to Show Cause issued
as a result of a legal intern attempting to <strong><em>“force-fit”
</em></strong>fabricated allegations and accusations into current rules
and regulations – some of which were not in effect at the time of
the alleged violations. (I have the legal intern’s assessment, but
was denied the opportunity to enter it into my defense). Are you surprised?
Don’t Be! Read on.</p>
<p>The Order to Show Cause, signed by Ms. Cartmell-Siricco, made blatant generalized
statements of fact, but produced NO documented evidence to support the positions
taken in the Order to Show Cause. It was immediately apparent that any and
all “supposed” evidence was either non-existent or intentionally
withheld from me and my attorneys. At that time (June 29, 2004) I was unaware
of the vicious verbal attack made on my character by Mr. Kazlauskas. Not
only was the State Governance Board uncooperative in providing the information
(and evidence) requested, they did everything in their power to ignore requests
from me and counsel for the necessary information requested. (I shall soon
present specific examples).</p>
<p>Ms. Anne Colleton, a 20 year attorney in the Commonwealth of Massachusetts,
was assigned as the Administrative Hearing Counsel for the State Governance
Board to conduct the Administrative Hearing. I was informed Ms. Colleton
was acting in the role of a judge in this process and would rule on requests
and procedures as appropriate. At the conclusion of the Administrative Hearings,
Ms. Colleton would make a recommendation to the State Governance Board;
after which the State Governance Board could either accept her recommendations
or reject them at will.</p>
<p>As stated earlier, missing from the Order to Show Cause was any and all
detailed documentation and evidence to support the findings as made in the
Order to Show Cause. I, and my attorneys, requested the names of funeral
directors that had made specific allegations, the date and time the allegations
were made, copies of their statements, and who was present at the time.
Not only were the attorneys for the prosecution reluctant to release the
names of the funeral directors stating that “the funeral directors
were fearful of retaliation if their names were released”, the <em><strong>real
reason</strong></em> was that the government functionary and investigator,
John Brenham, never took or recorded a statement from either Mr. Mercadante
or Mr. Pickering. Not only did Mr. Bresnahan not take statements from Mr.
Mercadante or Mr. Pickering, he attempted to “force-fit” what
he thought they said as fact into his investigative report.</p>
<p>Finally after months seeking answers, we were informed by the prosecution
that no statements from any funeral directors were taken by Mr. Bresnahan,
and that if we wanted we could interview the funeral directors ourselves.
We appealed this statement (declaration) to the Administrative Hearings
Counsel (Ms Colleton), to which we received the same response. “If
you want statements, interview the witnesses yourself!”</p>
<p>We immediately prepared a motion and petitioned for an independent Administrative
Hearings Counsel, for it was clearly apparent we could not get a fair and
impartial hearing with Ms. Colleton as the Hearings Counsel. Ms. Colleton
denied the motion and indicated she would remain as Hearings Counsel and
that she could and would be fair and impartial in the proceedings before
her. </p>
<p>The State Governance Board forwarded correspondence to me unsigned indicating
that since I was no longer an owner of a funeral home, I had to surrender
my funeral directors license I had held for 37+ years, and complete another
application for licensure. I immediately responded that I was in fact a
minority owner of Nordgren Memorial Chapel, and that the assumption in content
in the correspondence was incorrect.</p>
<p>Soon thereafter, I received correspondence from Ms. Patrice Buchanan indicating
that I needed to surrender my license and apply for another license and
complete the attached application. I was advised by my attorney not to surrender
my license until I had made application for the correct license, since I
no longer owned 10 % interest in a funeral home. I completed the application,
enclosed my personal check, and forwarded the application to the State Governance
Board. A week later I contacted Ms. Buchanan and she verified the application
and check had been received and the application was in process. Then and
only then did my attorney return my Funeral Director’s License to
the State Governance Board, as requested; copy furnishing the then prosecutor,
Ms. Pasqua Scibelli, (my attorneys advising me not to expect a quick turnaround
from the State Governance Board).</p>
<p>After slightly more than a year having passed (August 2004-October 2005),
my attorneys suggested that I write to the State Governance Board inquiring
as to the status of my license, since it was coming up on almost two (2)
years since I had unjustly been denied my economic livelihood to practice
as a funeral director. The letter was forwarded to the appropriate sources
only to come back with the statement – “We never received your
application!”</p>
<p>The Prosecution, with the blessing of Ms. Colleton, Administrative Hearings
Counsel, denied my request to call Ms. Patrice Buchanan as a “hostile”
defense witness, with the rationale, “Ms. Buchanan’s name was
not on the original list of defense witnesses, and it didn’t matter
anyway since she was no longer employed by the State Governance Board”.
How preposterous!!!</p>
<p>The Order to Show Cause, as stated earlier, was issued to me on June 29,
2004. We were denied access to information at every juncture to delay my
rights to a timely hearing and at the same time to give the Prosecution
time to develop their case, which was imploding by the moment. In addition,
Mr. Kazlauskas became gravely ill, and if the Hearings could be delayed
long enough, Mr. Kazlauskas would surely pass away and not be able to be
questioned in this matter. As planned, Mr. Kazlauskas did die without having
to answer for his blasphemous statements as Chairperson before the State
Governance Board.</p>
<p>The Prosecution had at a minimum 17 months to prepare their case against
me (July 2004 – December 2005), and my defense had less than 30 days
to prepare; since we did not know which witnesses were to be called, what
evidence was to be presented, and answers to the whole host of questions
we had with the process. (Did I mention, the 30 days we did have included
Christmas 2005 and New Years 2006?)</p>
<p>We were informed the Administrative Hearing was finally to commence on
January 18, 2006 in Boston and to subpoena the witnesses for my defense.
We prepared a Motion to delay the Administrative Hearing till March to spare
the elderly witnesses scheduled to appear in my defense the hardship of
coming to Boston in the heart of the winter; many in poor health and with
limited mobility under the best of circumstances. As we had come to expect
– <strong>Motion denied by Ms. Colleton</strong>!</p>
<p>In the next Update, scheduled for <strong>February 19, 2007</strong>, I
shall present – </p>
<p> <em><strong>Part 2. The Chronology of “Institutional Corruption”
– Unfortunately, a reality in Massachusetts!</strong></em> </p>
<p>at which time I shall present the facts and circumstances commencing with
the Administrative Hearing on January 18, 2006 and the “Institutional
Corruption” that has permeated the Administrative process throughout.
At that point you will clearly see why this web site was created in March
2005 and to this very day has presented ONLY the truth, the facts, and testimony
and statements of all parties well documented and a part of the official
record. </p>
<p>In closing, I thank you for your emails and expressions of support. They
are much appreciated. I ask only that you DO NOT send or forward to me information
concerning parties referenced herein; as I do not wish to know, be influenced,
or be judgmental concerning individuals and/or circumstances that have no
direct relevance to me or the issues before us.</p>
<p>Philip G. Haddad, Jr</p>
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