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    <h3 class="title">John Bresnahan, Inspector / Investigator<br />
         Was he "neutral & detached"?  <br />
                Was he a "Defender of the Law" or "Above the Law"?</h3>
    <h4 class="titlesmall">UPDATE: November 16, 2008 </h4>
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<p>Just to recap for a moment. On October 25, 2008 I addressed the issue of "Motive &amp; Opportunity" specifically citing statements and actions of Kurt &amp; Katherine Mangsen (principals at Nordgren Memorial Chapel) and their corporate attorney, Scott S. Sinrich &#8211; all information presented coming directly from the public record.</p> 
<p>On November 3, 2008 I addressed the role of the Massachusetts State Funeral Board Chairperson, John J. Kazlauskas, his statements, his actions, his motives, and influence on the Administrative Process &#8211; also information gathered directly from the public record.</p> 
<p>What I have attempted to do, and successfully, I believe, is to shed light on a corruptive process by individuals with a personal agenda; by individuals who stood to gain by mistruths, lies, and deception &#8211; and believing they were above the law. What I never expected was the fact that "the truth didn't matter" to those in the adjudicatory process, who had made up their minds in advance and scripted the end result before any Administrative Hearing was to take place &#8211; in this case 19 months after an Order to Show Cause was issued.</p>
<p>Foolishly, I had full faith and confidence in our system of government &#8211; totally unaware of the conspiracy that had evolved as stated in the updates of October 25, 2008 and November 3, 2008. In creating this web site &#8211; <a href="http://www.justiceatwhatprice.com/">www.justiceatwhatprice.com</a> in March 2005 as a means of archiving the results of our investigation of individuals and the process followed by the State Funeral Board and Division of Professional Licensure, I did so to chronicle the events as they unfolded and to "shed light on the darkness" that engulfed the Funeral Board, its staff, and  the Division of Professional Licensure.</p>
<p>Before addressing the issues with John Bresnahan (Inspector and Investigator for the Division of Professional Licensure) leading up to and through the State Funeral Board Meeting of December 9, 2003, I wish to quote the following:</p>
<p>"<strong><u>This is the verdict</u></strong>: <em>Light has come into the world, but men loved darkness instead of light because their deeds were evil. Everyone who does evil hates the light, and will not come into light for fear that their deeds will be exposed. But whoever lives by the truth comes into light, so that it may be seen plainly that what he has done has been done through God."</em></p> 
<p>What you have just read are the words of Jesus Christ as presented in the Gospels of John Chapter 3, verses 19-21. </p>
<p>Everyone who does evil hates the light, for with the light comes <strong><em>"accountability"!</em></strong> And if my experiences with the Massachusetts Funeral Board, the Division of Professional Licensure, and those specifically identified in previous updates are an example of what we have in state government in Massachusetts, Governor Patrick is right on with the creation of an Ethics Panel to specifically review this and other issues of ethics violations.</p>
<p><strong><u>Now to</u> - </strong><strong>John Bresnahan, Inspector / Investigator</strong></p>
<p><strong>Was he "neutral &amp; detached"? </strong></p>
<p><strong>Was he a "Defender of the Law" or "Above the Law"?</strong></p>
<p>I.<strong>STATE BOARD INVESTIGATOR (INSPECTOR) BRESNAHAN </strong></p>
<p>A. The role of the inspector / investigator is to visit funeral establishments for compliance with applicable rules and regulations, investigate complaints triaged and determined to have sufficient worthiness to elicit responses from an accused, to evaluate complaints from complainants and to evaluate responses from the accused thereto, and to investigate the accuracy and reliability of the information provided by both parties. Once completed, a report is provided to the State Board for appropriate action if warranted or dismissal thereof. Article 29 of the Massachusetts Declaration of Rights declares, <em>inter alia</em>, "It is essential to the preservation of the rights of every individual, his life, liberty, and character, that there be an impartial interpretation of the laws, and administration of justice. It is the right of every citizen to be tried by judges as free, impartial, and independent as the lot of humanity will admit�" MAPRAC, 313, [FN1.] The Supreme Judicial Court has repeatedly stressed the necessity for rigid and strict adherence to the high principle of impartiality embodied in Article 29. MAPRAC, 313, [FN2.]. The Court has repeatedly insisted that Article 29 applies not only to judges and judicial trials, but "to all persons authorized to decide the rights of litigants". MAPRAC, 313, [FN3.].</p> 
<p>B. On November 19, 2003 inspector Bresnahan conducted what is purported to be an unannounced inspection at Nordgren Memorial Chapel. At that time inspector Bresnahan asked to review 6 pre-need funeral arrangements that were located in file cabinets at the funeral home. For reasons only known to Nordgren corporate officials and Inspector Bresnahan, 5 pre-need funeral arrangement files and 1 completed funeral arrangement file were given to Inspector Bresnahan to review. Determining one or more documents were missing from 2 of Nordgren Memorial Chapel's corporate files (1 pre-need and 1 completed funeral file, each that had been arranged by me (Haddad), Inspector Bresnahan asked Mr. Johnson to contact me for an explanation. Shocked that any document was missing, I stated I might have a "tissue copy" of the missing form for the completed funeral arrangement in my vehicle; and if found I would fax it to Inspector Bresnahan. For reasons known only to Inspector Bresnahan, NO additional sampling of pre-need funeral arrangements were conducted by Inspector Bresnahan at that time or at any time during the administrative proceedings <strong><em>(Administrative Record, Transcript of Hearing, Volume IV, page 41, line 8 to page 48, line 22)</em></strong></p> 
<p>C. Inspector Bresnahan requested and I agreed to attend a meeting of the State Board on December 9, 2003. <strong>Exhibit 41</strong> (<em>Administrative Record, Volume III, page 1293. </em></strong>Prior to being invited into the meeting, a lengthy discussion occurred (the entire content of the discussion and subsequent statements recorded). It commenced with the following statements by Inspector Bresnahan, <strong><em>- "I photocopied in my site inspection in the City of Worcester, the fair City of Worcester, who knows how to get around there. It did come across .. I stopped in Nordgren's, as I would every (inaudible), and came across what I thought was some issue with prepaid bills on file at Nordgren's. Long story short, what you have in front of you are actually two different sets of documents which I hope just to speak about very briefly. The first of which is under Cynthia Eliopoulos. You'll see the sum and total was in the file, this first call card, if you will, and this statement of expenses having no funeral director signed etc. So I did take the face page copy of the Columbian Life Insurance policy, Nordgren Funeral Homes&#8212;Nordgren's Memorial Chapel's face page, and you'll see where there is monies deposited on Cynthia Eliopoulos, Etc. Here you have a prepaid funeral with no statements of goods and services, no identifying information as called for on a site inspection report, and, much to my chagrin, no signed contract that accompanies this and I can only assume that given there's an individual who has &#8211; as an (inaudible) here, Michael G. Constantino, he's not a licensed funeral service professional within the Commonwealth. So I did speak with the Nordgren's about this and then asked them to do due diligence with their particular files, which leads me to the next piece. Secondly, There is a letter, Nordgren, Kerrigan, Mangsen, which is stapled to a face page of what appears to be a spreadsheet, if you will, of contracts with a funeral director, a Mr. Philip Haddad, who was the employee of Nordgren's, whose files in actuality he was the funeral director of record. And you will note statements of goods and services signed, there is plenty of no's, yeses, no's (inaudible) individuals, no paperwork, etc., and I thought it was &#8211; I thought it appropriate for the Board to query him as to what's with the files. The way I interpret the statue, he is in violation of the CMR's in terms of pre-need funeral contracts. What you will hear today, I'm sure from Mr. Haddad, is he didn't have any control over these because these had been locked up at Nordgren's, and I instructed the folks at Nordgren's to lock them up because they were in the process of essentially terminating him. I also invited, on your behalf, the  principals of Nordgren's to come forward because they are the licensee and theyoperate the funeral service establishment and this was done under &#8211; on their watch. They'll claim, I believe, that in fact they didn't know because they didn't open up the mail and all that. I said, there is no excuse for this. I said, you have to understand that the consumer is at risk. And I said, I assure you the Board will not look kindly on this." Administrative Record, Volume III, Exhibit 54, page 1431, line 23 to page 1434, line 24).</em></strong></p> 
<p>D. From this point going forward, Chairman Kazlauskas took charge of the meeting and proceeded to not only attack me (Haddad) personally and professionally (including ethnic slurs), thereby biasing and prejudicing the proceedings as well as other State Board members and State Board staff (see statements of Board Chairman Kazlauskas in update dated November 3, 2008).</p> 
<p>E. During Chairman Kazlauskas's attacks on me (Haddad), Inspector Bresnahan stated in reference to me (Haddad), <STRONG><em>"You'll see this gentleman (Haddad) has written a piece of information about his business phone, etc. <u>He's a real scavenger."</u></em></strong></p> 
<p> (<strong><em>Administrative Record, Volume III, Exhibit 54, page 1438, line 21 to 24).</em></strong></p>
<p> F. As Chairman Kazlauskas kept insisting he could be a witness of fact as needed, Inspector Bresnahan continued, <strong><em>"Because I'm a fairly simple guy, this is the way I look at that. I'm just going to share this individually as a friend. I would much rather his (referencing Chairman Kazlauskas) &#8211; his expertise, if you will, after the fact, untainted at a particular&#8212;at this particular session, only because he does&#8212;he was approached by him (referencing Haddad) to do the same thing. I think, if you don't mind me saying it, I think Jack's (referencing Chairman Kazlauskas) much more valuable after the fact as a witness" </em></strong>(<strong><em>Administrative Record, Volume III, Exhibit 54, page 1442, line 5 to 14).</em></strong></p>  
<p> <strong>II.</strong> STATE BOARD INSPECTOR / INVESTIGATOR, BRESNAHAN &#8211;</strong></p>
<p>A. What I have just presented is documented statements and actions of an inspector / investigator for the State Board presenting evidence to the State Board &#8211; evidence that he did not find, did not review, did not verify for accuracy; but a list prepared by the principals at Nordgren Memorial Chapel, whose sole purpose was to find a means of terminating my (Haddad's) employment. (<strong><em>Administrative Record, Volume III, Exhibit 54, page 1434, line 6 to 7). (Administrative Record, Transcript of Hearing, Volume IV., page 57 line 15 to page 58 line15). </em></strong>Inspector Bresnahan was presented with 2 files that I (Haddad) had prepared &#8211; (the one for Cynthia Eliopoulos prepared more than 3 1/2 years earlier- 2000) and one completed funeral file &#8211; not what was requested in the inspection.</p> 
<p>B. Yet inspector Bresnahan chose NOT to review additional samplings of pre-need contracts to determine if a pattern of activity existed. Inspector Bresnahan did NOT become suspicious in the fact that the Mangsen's were attempting to terminate my (Haddad's) employment and were now accusing me (Haddad) of having incomplete files by a submission of a "spreadsheet" of data which cannot be validated, verified, or substantiated.  (Administrative Record, Transcript of Hearing, Volume IV, page</em></strong></p> 
<p>The Nordgren corporate files in question were NOT under my (Haddad's) control , but were under the sole control of the Nordgren Memorial Chapel Corporate officers, housed and located at the location of Nordgren Memorial Chapel. The list presented in paragraph C. &#8211; <strong><em>"Secondly"</em></strong> (above) would and could only have had relevance if inspector Bresnahan had suspicions of impropriety and had sampled additional pre-need contracts prepared by me (Haddad), which he did not. <strong><em>Administrative Record, Volume III, Exhibit 54, page 1431, line 23 to page 1434, line 24)</em></strong></p>  
<p> Further,  the statement by Inspector Bresnahan addressing me (Haddad) as<strong><em> "A Real Scavenger"</em></strong> only after hearing the vicious attack statements by  Board Chairman Kazlauskas undermines any semblance of fairness and impartiality  of the proceedings going forward. <strong>(<em>Administrative Record, Volume III, Exhibit  54, page 1438, line 21 to 24). </em></strong>Inspector Bresnahan's blasphemous bias  and prejudice remark and unsubstantiated evidence presented to the Board were a clear statement of prejudgment of administrative facts by the Investigator for a State Administrative Agency Board. "Prejudgment by administrative agency officials of the particular facts about a party and his conduct which are at  issue in an administrative agency adjudication constitutes invalidating bias". MAPRAC, 314, [FN1.]. Clearly where officials who are to adjudicate the facts at issue have already made up their minds through prejudgment of those facts, the party or parties involved whose rights and interests are to be determined have been denied their state constitutional rights to a fair hearing before an impartial tribunal. MAPRAC, 314, [FN2.]. An administrative official (which would include an inspector / investigator) engaged in adjudicating the rights and interests or parties must maintain and observe the essentials of sound judicial conduct. MAPRAC, 315 [FN8.]. He must strive to maintain an open and unbiased mind throughout the proceedings. He must conduct himself with impartiality. He must establish and maintain decorum in the conduct of the adjudication. He must observe "the same high standards as have been set for judges."MAPRAC, 315, [FN9.].</p>  
<p>At this point, (remembering it is December 9, 2003), there were no complaints filed with or by the State Board against me. There had been  no investigation by the State Board or Division of Professional Licensure's Bresnahan, and the only issues before the State Board were the two (2)  referenced files under the sole control of the Nordgren Memorial Chapel corporation.</p> 
<p>It was State Board Chairman Kazlauskas and a unanimous vote of the State Board with no complaint before it that decided to file a complaint with the Division of Insurance and directed Mr.Bresnahan to prepare the  complaint. For some unknown reason, the complaint was never filed with the Division of Insurance and there is no vote on record to reverse the decision  made by the State Board on December 9, 2003. </p>  
<p>Kathe Mullally, Chief Counsel for the Division of
Professional Licensure at the time, stated in correspondence to me
(correspondence in my possession) that there never was a vote to file a
complaint with the Division of Insurance. The fact that I have an audio tape
(and official transcript) of the December 9, 2003 Meeting of the State Board
wherein the Motion was made and unanimously approved to file a complaint with
the Division of Insurance, makes one wonder who influenced who in "killing the
motion". (In a subsequent update, I shall provide you, the visitor to this web
site, with a full, accurate, and complete set of false statements, false
accusations, and flawed decisions prepared by and signed on behalf of the
Massachusetts Funeral Board by Chief Counsel Mullally that are intentional and
deliberate distortion of the facts and blatant lies). (Stay tuned).</p>



<p>Inspector Bresnahan would soon become Investigator
Bresnahan, at least in title. It would be more than 2 &frac12; years later that
I personally would have the opportunity to cross-examine Investigator Bresnahan
(May 2, 2006). In a subsequent update, I shall present in it totality his
testimony (under oath) &#8211; a process that took 4 &frac12; hours. (You won't
want to miss this).</p>



<p>What I have presented in this and the two (2) previous
updates (October 25, 2008 and November 3, 2008) is enough to raise "Red Flags"
to the most juvenile mind &#8211; let alone government officials whose role is
to provide essential checks and balances so that corruption as you have witnessed
in these three (3) updates does not happen in this &#8211; the 21<sup>st</sup>
Century. Where were Mr. Bresnahan's supervisors during this process? What
methods did they employ in assuring the investigation was fair and balanced,
and that the statements of fact presented by Mr. Bresnahan to them were
supported by veritable facts? Where was the Director, Division of Professional
Licensure, George K. Weber, during this charade, and at what point was he
(Weber) informed of the injustices by me (Haddad) &#8211; all well documented?
These and many other questions will be answered in subsequent updates. </p>





<p>I wish to thank each of you for your support, encouragement,
and most especially, your prayers. I continue to be sustained by the spiritual
guidance of so many of you throughout the country and across religious lines. I
shall not let you down now or ever; for together and with truth in hand and the
Good Lord at my side, justice will be served.</p>



<p>Before concluding, I ask you to go back to page 1 of this
update and read once again &#8211;</p>

<p><strong>The <u>Verdict</u></strong>
&#8211; Gospel of John, Chapter 3, verses 19-21. Now ask yourself, "Darkness"
(evil) or "Light" (accountability before God)! Where do you think Kurt and
Katherine Mangsen stand? Where do you think Atty. Scott Sinrich stands? Where
do you think John Bresnahan stands? And where do you think former State Funeral
Board Chairman Kazlauskas now stands?</p>



<p>There is a great lesson for each of us in this update. Seek
out the message and just maybe "the Good Lord will find you".</p>



<p>Thanks for your time.</p>



<p>Next Update &#8211; November
24, 2008</p>



<p><strong>
Subject </strong>&#8211;
"Initial Complaint filed by Katherine Mangsen</p>

<p>
with the State Funeral Board" &amp; </p>

<p>
"My Response thereto!"</p>

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