Wednesday, September 29, 2010

Why are Dan Reppucci's Due Process Rights Violated Over and Over? Is Sheriff Foote Covering Up for Macie and Phillips? And why did Reppucci have to go Directly to the Commissioners to Get Their Assistance?

What's up with the Corruption going on in the Town of Winchester and Cheshire County?

What’s the connection between Gary Phillips of the WPD and Sheriff Foote of the Cheshire County Sheriff’s Office?

What about Macie?

How come the WPD and Sheriff’s Office have been allowed to manipulate “Official Proceedings” by having untruthful testimony entered into the records?

What about the Attorneys that know of these lies?

Does this bode well for the community as a whole?

Is it acceptable that the police in our communities are dishonest and will stoop to lies and coverups to protect each other? 

Who’s watching out for the civil and legal rights of the average person when the Police break the law and those in charge look the other way?

Can any member of the police who is so devious that that he believes setting up a fellow officer is acceptable, deserving of the title “Officer of the Law”?

Is any member of the police who stands by and knowingly participates in or from the sidelines watches as a fellow officer is set up for termination for no reason other than wanting fairness and equity for ALL deserving of the title “Officer of the Law”?

What kinds of cowards stand by and allow that to happen?

Is the ego more important than “I swear to uphold the laws of the land and to serve and protect?

The proof is there that, Both, Macie and Phillips broke the law – they lied, misstated and misrepresented the truth while under oath and violated the Constitutional Rights of Dan Reppucci.

Mr. Roberts also lied, misstated, and misrepresented the truth during his testimony, alleging that Reppucci somehow stole confidential information through his email. Mr. Reppucci states he has evidence to prove that Roberts lied.

Reppucci, in order to defend himself against testimony that was untruthful, requested documents that would prove his “Audio Recorded” testimony was truthful and that the “Audio Recorded” testimony of both Philips and Macie’s was riddled with lies.

Unfortunately, Mr. Reppucci cannot release to the public at this time, the testimony from these hearings because of ongoing appeals. If at any time he gets the green light to publish verbatim this information, it will be posted.

Mr. Reppucci requested all information that was part of the Criminal Investigation conducted by Macie and included Macie’s report, the documents Phillips gave to Macie, letters from the AG’s office etc.

Reppucci first requested this information from Barton Mayer, verified in emails, sent by Reppucci to Barton, days before his termination hearing, last August, where very clearly Reppucci asks for and very clearly Barton Mayer tells him he can’t have it. Time was of the essence as Reppucci only had a few days to prepare for his termination hearing, didn’t have an attorney at the time and was doing this on his own.

Time Line of Facts

Aug 5, 2009 – Ellen Cole tapes to outside door of Reppucci's house a notice of a termination hearing scheduled for August 17, 2009.

Dan is out of state for his mother’s funeral services at that time. His mother passed away a few days before on August 1, 2009.

Phillips knew Reppucci’s mother lived out of state and that Dan would be out of state fore her serives and he knew that his mother had passed away because he sent Not 1 Condolence card but 2. One signed by him from Reppucci’s fellow officers and one signed from himself personally.

Aug 6, 2009 – Reppucci arrives home early evening from out of state – finds the letter, unsealed and taped to the door with instructions to pick up a file at Town Hall. Town Hall is closed. Town Hall is not open again until Monday August 10, 2009 because they are closed on Fridays.

Aug 10, 11, 12, 13 – Town Hall opens so Reppucci spends that time running back and forth trying to gather information that he needs or that they said was included in the files but that he was not provided with and are not there.

Also, during this time Reppucci told Barton Mayer that he would be using Attorney J. Joseph McKittrick to represent him, but he could not make the hearig scheduled for Monday August 17th as he had a prior commitment. Reppucci relayed to Barton Mayer that Attorney McKittrick wanted Reppucci to ask for a continuance, unpaid leave would be fine, so that he could go over the case and prepare a defense. Barton Mayer told Reppucci that wouldn't be possible and instead tried to bribe Reppucci into taking a $6,000 payout to go away, to which Reppucci said that he wanted an opportunity to clear his name and prove what Phillips and Macie were really doing and why.

And what about these emails allegedly containing confidential information but that couldn’t be opened because they were password protected so they just guessed they stolen confidential material?

Imagine being given 4 days to prepare for a hearing on the termination from your job, a week after your mother passed away and having to be out of state for her services?

Then to add insult to injury you are told by the Town’s Attorney you can’t even have information you are requesting and that you believe would help you to defend yourself.

Biron Bedard, the Attorney that represented Phillips had access to all this information. Doesn’t that distort the playing field? What Reppucci requested is part of discovery and should have been provided and not denied.

These documents and attachments were all part of an investigation that named Reppucci a Participant. No other member of the WPD is named as a “Participant” or suspect or anything else and no other member of the WPD was ever questioned.

It seems Phillips had a target for this investigation. Since Reppucci didn’t answer any questions how come the Sheriff’s Office didn’t try to find out who broke into Phillips office? Phillips reported the crime.

Didn’t he believe a crime had been committed?

Didn't he want to ensure that the Police Department was safe?

Why did Macie start his questioning and end his questioning at the WPD with Reppucci?

What if there was another WPD Officer who had information about the breakin? About the letter?

Or was this really a False Report to Law Enforcment so that Phillips could "legitimately" go after Reppucci?

Phillips and Macie were pretty quick to stop the investigation at Reppucci. Why was that?

Isn’t this really beginning to look like something like “targeting”.

Phillips has done this before, he did it in Jaffrey to Aaron Thompson and he discussed this openly and with pride.

Roadblocks and Stall Tactics – A year later the same thing. Why?

They’ve been caught and exposed. A spotlight needs to shine on them and they need to be questioned and scrutinized for their conduct. They need to be punished and held accountable for their actions.

Here are the numerous requests – 9 correspondences in all and hoops that Reppucci was forced to go through to try to get information related to the Macie’s Criminal Investigation. Again, these requested documents directly impact Reppucci's ability to defend himself against false accusations. Theu also would allow him to prove the stories of Macie, Phillips, Foote and Roberts just don’t jive with the facts. The emails to and from Barton Mayer will be on the back burner.

You be the judge. Does it sound like the deck was being dealt fairly or is it a situation of the dealer controlling who gets what card?

Click on the pages to zoom in on them to make it easy to read.

1st Letter - Very Explicit
            Request for Upcoming
Appeals Hearing for Unemployment 
needed by Reppucci to defend 
against untruthful testimony
by Macie at the original Hearing.

Foote Denying Reppucci's Request

Repucci's second letter to Foote, clarifying for 
Foote what he needs and why  

Another evasive letter by Foote with excuses,
excuses, excuses

Reppucci's request to the Cheshire County
Commissioners to intervene and assist in his
request for information from Foote
and Foote's response to that request

Reppucci's request for the Appellate Board
to request the information Reppucci needs 
to defend himself at the Appeals hearing -
that hearing had to be postponed  due to
Reppucci not having the inforamtion 

The letter by the Appellate Board informing Reppucci
that the board was unable to request any
documentation from the Sheriff's Office for him -
But Reppucci already knew that -
Whoever heard of a judge who requested 
the discovery material for
a defendant at a trial?  

Finally, after almost 3 months, Foote still would 
not provide all the documents requested
and Reppucci had to have his attorney 


Because of the delay tactics that hearing was postponed 3 times. The Town's Attorney delayed the date by another 2 or 3 months because of his unavailibility. 

If these people had nothing to hide and nothing to worry about you would think they would have turned everything over in a heartbeat - just to get it over and done with. 

But NO, instead they are still making things difficult and they are still very uncooperative. They all must have something to hide. 

There must be a reason why they are being so protective.     

Monday, September 13, 2010

CROOKED COPS? COVER-UPS? Who ELSE Has the True Information about Mr. Reppucci’s Termination? If Foote says it was Criminal and Phillips says it was Internal – Who is right and who is wrong? >>> New Links For Documents >>>>>>

Reppucci, as anyone would, Has a Right to His Career, His Integrity, His Livelihood, to Respect and His Good Name Untarnished by those that can't keep their stories straight. That is what is at stake for him. That is what he is fighting for.

There are others out there, besides Foote and Reppucci who know the investigation was criminal, such as Macie. 

See the following links


Why is Phillips and his police department being protected by so many?
This was a Comment posted recently and we decided that since this was so chocked full of relevant information we would post it on it’s own so that it doesn’t get lost and not read by those interested.

It raises legitimate questions and establishes legitimate points of concern about what Gary Phillips real intentions were and still are.

The BOS need to take a long, hard look at the WPD and the personnel managing it.

You can see the documents being referred to at the previous blogs. Double click on the documents, they will open in a new window and you will be able to view them full size to read them. 

Casual Blog Reader said...

Part I  
I don’t know if I am the only one who has picked up on this but I figured I’d throw it out there. According to the letter by Foote he wrote,

“The investigation in question is a criminal investigation. It is not an internal investigation.”

The meaning is very clear.

Foote then quotes the following paragraph in the same letter and he says it’s directly from the investigative report that Macie wrote,

“Sheriff Foote was very clear in his directive to me. He stated that the Sheriff’s Office was only interested in investigating the matter of the chain of custody of the so called grievance letter. We were not going to investigate …any other internal personnel matters.”

What Macie writes in his report shows he was clearly directed by Foote to conduct a criminal investigation AND that he clearly understood that “we – meaning the Sheriff’s Office” were not going to investigate any internal personnel matters.

That reference in his report shows his (Macie’s) understanding that he was not there to conduct any internal investigation.

Looking at the previous blog you can see that all the information being referred to is from the same report in that blog and the same investigation Foote is referring to in his letter – Note the Investigation #’s 09-63-OF.

If Macie knew he was “Directed” by Foote to conduct a Criminal Investigation and we know from Foote’s letter the investigation in question was started as a criminal investigation and ended as a criminal investigation, how is it that Macie is involved with Phillips and they are both saying the investigation was internal?

How did the Court get that information?

What about this “other” non-existent investigation? If Foote didn’t give a directive to Macie, who did?

So was Macie working on his own?

Was Macie working with any of the other members of the Sheriff’s Office?

Maybe Macie was working with Foote?
What about Croteau and Phillips?
Was Maice working with Croteau?
Was Macie working with Phillips?
Was Phillips working with the Sheriff’s Office?
Were Foote and Phillips working together?

You can see the tightly woven ball of a mess. Somebody has to know something. Or more likely quite a few know something. And more than likely quite a few are hiding what they know.

So what could really going on here? Something just doesn’t make sense with all of this, but it smells pretty bad.

How is it an investigation that supposedly never took place apparently made it’s way to Superior Court and was presented to the court as having taken place?

This internal investigation is so real a judge made a ruling based on it, yet it doesn't exist because the highest ranking Police Official in Cheshire County, Sheriff Foote said and this is a direct quote from his letter, “In 2009 the Cheshire County Sheriff’s Office was not requested to nor did it conduct any internal investigation on you or any member of the Winchester Police Department.”

He says with absolute specificity, there was NO Internal Investigation that came from his Agency that involved the Winchester Police Department in 2009.

September 11, 2010 9:26 PM

Casual Blog Reader - Part II said...

Part II

Dan Reppucci was fired from the Winchester Police Department in August of 2009 for Insubordination when he Failed to answer questions in an Internal Investigation, conducted by Deputy Macie of the Sheriff’s Office, according to Phillips, Macie, the Town and others.

In his appeal of that Town decision to the Superior Court of Cheshire County, the Judge found and ruled the following based on the information presented to the court:

“First, Mr. Reppucci failed to follow Chief Phillips order to answer Deputy Macie’s questions during the internal investigation.”

Say What? – Yes that is correct and a direct quote from Judge Arnold’s ruling.

But Foote said that their was NO internal investigation the Sheriff’s Office or Deputy Macie were involved with in 2009, didn’t he?

The Judge goes on to say, “Although Mr. Reppucci contends that it was erroneous for the Board to terminate him for this reason, the Court disagrees. First, due process does not require that a police officer be provided the opportunity to consult with an attorney before answering questions regarding an internal investigation.”

Bingo. Precisely correct, Judge Arnold. However, when the investigation is criminal and the US and NH Constitutions protect any citizens right to counsel during any criminal investigation, conducted by any police agency, regardless of and notwithstanding of their profession, including a Police Officer.

A problem here? Who’s lying here?

Was Perjury – a criminal and prosecutable offense committed by some members of the Cheshire County Law Enforcement community while knowingly testifying to or presenting false written statements to a court or in the course of Official Proceedings, while under sworn oath to tell the truth and all the facts?

RSA 641:1 Perjury.

Is there a civil conspiracy going on here?

False imprisonment?
Intentional infliction of emotional distress?
Vicarious liability?
And more?

I can see these very words as part of a lawsuit down the road.

I’m sure there is a law firm out there who would take a case like this on, on a contingency basis.

None of this is speculation but facts based on information presented here that when analyzed raise these legitimate questions about our area law enforcement.

Does anyone really believe that Cops have a right to break the law, just because they are cops?

Does anyone really believe that Cops have a right to break the law, any law?

Does anyone really believe that Cops shouldn’t be held to a higher standard and not a lower standard when it comes to following the law?

Does anyone really believe that if it is found that crimes have been committed they should go unpunished?

It’s been well documented that Reppucci has said he was targeted by Phillips and Roberts.

Is this what happened?

Was some sort of fake investigation used by Phillips to meet out the discipline that resulted in, an too real termination of an otherwise law abiding police officer?

Let’s not forget that the other blog, the Winchester Informer, has information that the AG’s office has already found that Phillips and Roberts and Platz ALL Conspired together to present false information to a bank so that, none other than Reppucci and Breau were removed from a bank account, Illegally and fraudulently, so we know they are capable of conspiring together to get what they want, even if it does break the law.

This Town and this County appear to have some real serious issues involving quite a few members of their respective police departments. It sure looks like there are enough people, with enough information and gumption and determination to make sure the truth gets to the public.

September 11, 2010 9:29 PM

Saturday, September 4, 2010

Read Copy of Letter from Foote stating Investigation was Criminal. Why does the WPD, Deputy Kelvin Macie of the Sheriff’s Office and the BOS keep saying it was an Internal Investigation Reppucci failed to cooperate in and not a Criminal Investigation like it really was? Why do they continue to try to hide this fact even though the evidence proves otherwise?

We have received a copy of the following letter and we interviewed Dan Reppucci about some of the events and circumstances revolving around his termination from the WPD.

We have transcribed the letter, the letter itself can be read by double clicking on it. It will then open in a new window.

Office of the Sheriff
Cheshire County

May 17, 2010

Dear Mr. Reppucci,

I am in receipt of your request for documents relating to investigation report #09-03-OF. The investigation in question is a criminal investigation. It is not an internal investigation. In 2009 the Cheshire County Sheriff’s Office was not requested to nor did it conduct any internal investigation on you or any member of the Winchester Police Department. The request of the Winchester Police Chief was to investigate how confidential information got from his office into the hands of Stanley Plifka. Your email of May 17, 2010 makes it clear that you have access to Deputy Macie’s report so I will refer to specific paragraphs to clarify what Deputy Macie’s assignment were in the investigation.

Narrative Page 1: Paragraph 4 in its entirety.

“Sheriff Foote was very clear in his directive to me. He stated that the Sheriff’s Office was only interested in investigating the matter of the chain of custody of the so called grievance letter. We were not going to investigate any allegations made by Sergeant Reppucci or any other internal personnel matters. The Sheriff gave me the documents listed above with exception of the Request Letter (that was given to me on 6/29/09 by Captain Croteau and came to the Sheriff’s Office separate from the other documents). I retained the documents at my home in a safe until 7/1/09.”

The investigation was never about you but how your document(s) got from the Chief’s office into the hands of Stanley Plifka. The interview of Stanley Plifka indicated he had at least seen the document(s) before Chief Phillips. Please refer to:

Narrative Page 2 and 3: Paragraph 7 starting on Page 2.

“I asked Mr. Plifka to tell me about the letter in question, written by Sergeant Reppucci. He said about two weeks to ten days ago, he was unsure of the exact day or date, Sergeant Reppucci came to see him. Sergeant Reppucci had a letter he had written and was going to give the Chief. The content of the letter and the ensuing conversation between Plifka and Reppucci concerned the recent promotional process at the Winchester Police Department.”

Lacking any evidence to prove who, if anyone took the document(s) from the Chief’s office the investigation was suspended until more information is developed.

I will say that it is my opinion and the opinion of the investigator that if during your interview with Deputy Macie had you substantiated Mr. Plifka’s statement and you gave him a copy of your document(s), the criminal investigation the criminal investigation would be over as there was no crime. The document(s) were yours and for the purpose of our investigation you could share them as you saw fit.

Your claim to need the report to defend yourself in a criminal proceeding is premature. There has never been any indication you are or ever were considered a suspect in our investigation.

Whereas this criminal investigation is still open it is not subject to the release. Should the case be closed or criminal prosecution commence the report will be made available in response to proper requests or in the course of criminal prosecution to the defendant in response motions requesting same through court proceedings.

Other requests for access to governmental records will reviewed in the light of RSA 91-A:5 Exemptions and answered in a routine administrative process.


Richard A Foote

The excerpts from this letter need some clarification or they could be taken out of context.

2nd sentence: “The investigation in question is a criminal investigation.” 

3rd sentence: “It is not an internal investigation.”

It would appear by reading this letter it was a criminal investigation and not internal as Phillips and the BOS continue to maintain through the courts and other administrative hearings.

All citizens have rights during CRIMINAL investigations even police officers. Reppucci had an absolute Constitutional right to ask to speak to counsel prior to answering any questions in this or any other criminal investigation. Regardless if he was a suspect or not (Foote in his letter claimed that Reppucci was not a suspect but named a “Participant” which one would logically assume is another way of saying suspect). Especially since Reppucci maintains he had been reporting criminal and unethical activities within the WPD to Phillips, a member of the BOS, The County Attorney’s Office and the AG’s Office and it was apparent to Reppucci that he was being targeted for termination because of his reports. Reppucci maintains he is not the one who has done something wrong. Looking at the facts it appears the Sheriff’s Office, the BOS and the WPD are covering up the facts.

In the last paragraph 1st page see the following:

“Sergeant Reppucci had a letter he had written and was going to give to the Chief. The content of the letter and the ensuing conversation between Plifka and Reppucci concerned the recent promotional process at the Winchester Police Department.”

1. Butch Plifka was interviewed by Macie on July 1st, 15 days after Roberts was promoted to Lt.

2. Reppucci has never denied speaking with Plifka as he had done so 1,000’s of times during his career in Winchester.

3. Reppucci stated he went to see Plifka because he was invited down there to discuss issues Plifka was having with the police department.

4. Reppucci has never denied speaking with Plifka about the promotional process and who got promoted or how that happened. It was common knowledge Phillips decided to have an Oral Board which involved Three Chiefs of police, all from out of town.

5. At best, Macie’s report says Reppucci had a letter he wrote and was going to give it to Phillips. How come it doesn’t say in the report that Reppucci read it to Plifka or Plifka read it or that they both read a part of it? How come it doesn’t say Reppucci had the letter with him, in his hand, on his clipboard, in his car? In fact, it doesn’t state in any way that the letter is ever involved with the conversation or how it even fits into the questioning. It appears it’s nothing more than a statement that Macie already had knowledge of, that he inserted into the paragraph because it looks good. In fact nowhere in Macie’s seven page report does he state that anyone has any information about the contents of the letter or that anybody even read the letter. Yes, the report does state that some think they may have seen it, but come on, ask a question in a certain way and just about anyone can illicit a response they can manipulate into an agenda. On the other hand ask specific questions that require specific answers and that might not be so easy to accomplish. Anybody could have a letter they wrote that they were going to give to their boss and mention that to a million people but that doesn’t mean they carry it around with them or that they discuss the details or even if they do that they disclose anything they shouldn’t.

Macie’s report goes into the finest of details in many paragraphs depicting visions of hallways and offices and doors and desks and trophies and pictures all around and in Plifka’s office. Yet Macie can not get one sentence of definitive, absolute proof in his entire seven page report that shows that Reppucci did anything wrong. Imagine. Does this sound like a competent investigation by a competent investigator?

6. Maybe the reason for that is simple. Maybe this was all a rouse to target Reppucci. Phillips has a habit of doing things like this, didn't Phillips do this similar thing in Jaffrey. 

7. At best, all that Kelvin Macie’s report has established is that he questioned Plifka and that at least part of a conversation between Plifka and Reppucci had involved the recent promotional process.

8. A reported crime is being committed and the investigator can’t be a little more specific when questioning someone about a possible break in and theft at the police dept? 

9. Like so many other people around town who were talking about Phillips poor choice for a Lt. and the unfairness in how people in Winchester get promoted, it can be imagined that Reppucci’s letter to Phillips and half the conversations in town were about the recent promotional process.

10. Reppucci maintains and states he can prove no confidential information was released, no personnel records were released, no discipline records were released. In addition, he maintains the truth of the matter is that all information in the letter revolved around public information and information that involved the public or that the public participated in, anyway. Once the facts surrounding the letter come to light and are pointed out, it is very easy and clear to see. Lots of people have known about and complained about the problems in the WPD. Does Phillips think that the public’s perception of him is something that it’s not? We don’t hold him in high esteem. We suspect he is crooked and information like this confirms those suspicions.

11. The WPD has very specific policies on criminal investigations that involve the WPD personnel. Reppucci maintains that Phillips grossly violated his own written department policies when he manipulated this investigation and Reppucci states and maintains it was he who adhered to the written policies of the WPD that Phillips was violating.

It appears there is no evidence Reppucci did anything wrong. There is proof without doubt that the Sheriff’s Office and the WPD failed to disclose that Reppucci was being questioned in a criminal investigation.  It is documented in Macie's report that all Reppucci asked, was that he be allowed to speak with counsel during a criminal investigation, as any citizen would be entitled to do. Reppucci felt this was most impportant simply because he was being targeted as a Whistleblower. Is this a cover up?

Dan Reppucci has stated that the other allegations about him stealing internal investigations through email are absolute nonsense. He was assigned internal investigations to work on and that information was not confidential to him, but the only emails he has, and he can prove it, are work product. Years ago Reppucci was assigned by the WPD to use an email program that was not web based. To access and work on investigations, reports and conduct any other work related duties outside of work, when needed, he used another email account as a work around. He as well as other officers did this with the permission of Phillips. He had been doing his work outside of the office that way for many years, has proof at this at this moment and he has emails to and from officers as he helped them do their own work, reports, affidavits etc. for the benefit of the town and not himself.

Had Reppucci really been in possession of confidential information that he was not entitled to and in possession of internal investigations as alleged by Phillips and Roberts, why was Reppucci not arrested for theft? Is it because the real reason is that the work he was doing was legitimate and Phiilips knew that? Since Phillips was so concerned about officers and their criminal conduct why didn’t he follow through on his knowingly defamatory allegations?

Is it that a proper and unbiased criminal investigation would have resulted in the truth?

It appears a conflict between the WPD and the Sheriff’s Office. Is Sheriff Foote not telling the truth that it is a criminal investigation or is Chief Phillips who is not telling the truth when he says the Sheriff's Office was conducting an internal investigation?

Was Reppucci caught up in the middle of this? Or was he set up?

Another consideration into whether Phillips has been truthful or not is that Reppucci was doing the job of the Lieutenants position as well the Sergeants position as well as the Detective work for almost a year and half, without any assistance. This had gone on from the time Thersea Sepe left, in March 2008, until the end of June 2009 when Roberts was promoted. Reppucci stated he had two fantastic reviews during this time, one in March of 2008 and the other in March of 2009 as well as fantastic reviews in all prior years of service. Phillips assigned Reppucci the duties of the Lieutenant and told him he was going to officially make him the Lieutenant in a few months. This few months ended up being substantially longer, he did not get protmoted and at no time did Reppucci get any compensation or recognition for assuming these additional responsibilities Phillips bestowed on him.

Interestingly, Reppucci maintaind he never asked Phillips, either in writing or verbally to reconsider his decision to promote Roberts to Lt. as Phillips has alleged. In fact, both verbally and in writing Reppucci has stated he told Phillips that since he now officially had the Lt's position filled he wanted to be relieved of any of the Lt’s responsibilities, at which Phillips told him he would devalue himself in the department if he were to do that and that Roberts didn’t know how to do what he did and therefore, Phillips, needed him to do those jobs.

Again, it appears to be a conflict between Phillips and Reppucci and someone must not be telling the truth.

There is a lot of corruption and cover up in the WPD, many of us are aware of that. The original players are still employed. Don't be fooled into thinking just because Jette is gone the problems are solved. His supervisors appear to be the ones who have covered for him. Make no mistake about the fact if you cover up a crime it is illegal. You can't ignore when a crime has occurred.

Reppucci has filed his appeal with the NH Supreme Court of Superior Court Judge Arnold's ruling and he is confident that the truth will be learned about the WPD.