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<h2>The Hiding is over & “The Source” is officially known (see
below)</h2>
<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><strong>But </strong></h2>
<h2 align="center"><strong>Kevin Mercadante</strong></h2>
<h2 align="center"><strong><br>
Mercadante Funeral Home<br>
370 Plantation Street<br>
Worcester, MA 01605</strong></h2>
<h2> </h2>
<h2>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.</h2>
<h2> </h2>
<h2> 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. <br>
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!!!!!!!</h2>
<h2> </h2>
<h2>“Kevin, GOD is watching, and so too is “LOUIE!”<br>
</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>
<hr size="1" noshade>
<br>
<h2>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: </h2>
<h2> </h2>
<h2 align="center">“Justice Comes At A Very High Price!”<br>
</h2>
<hr size="1" noshade>
<p align="center"><strong>The Commonwealth of Massachusetts<br>
Office of the Attorney General<br>
One Ashburton Place<br>
Boston, Massachusetts 02108-1598</strong></p>
<p><br>
Thomas F. Reilly (617)
727-2200<br>
Attorney General www.ago.state.ma.us</p>
<p></p>
<p align="center"> 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<strong>
the Board of Registration in Funeral Service</strong>. 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><br>
Thank you again for writing.</p>
<p><br>
Sincerely,</p>
<p align="center"></p>
<p align="center"> Consumer Complaint
and<br>
Information Section<br>
</p>
<hr size="1" noshade>
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