Winchester has NO Leadership in the Winchester Police Department .....
Leadership in Winchester is just below the surface of the roads we travel on. That’s not good for any of us.
The complaint written and signed by Chris Roberts himself.
Showing posts with label Richard C Tracy. Show all posts
Showing posts with label Richard C Tracy. Show all posts
Tuesday, January 10, 2012
Tuesday, December 27, 2011
Leadership in the Winchester Police Department ..... Chris Roberts makes a formal complaint against himself and asks that he be investigated.....the Chief honors the request and agrees to an investigation...........
The Chief of Police, Phillips orders an investigation after Roberts makes a complaint about himself, specifically the complaint was that he was rude. (See letter.) Roberts made this complaint after he accused another officer of spreading lies and rumors about him.
Bizarre? You bet. Waste of taxpayer money? You bet. Unprofessional police department making too much money? You bet.
Both an embarrassment to Winchester and the Law Enforcement profession as a whole? You bet.
Here’s how it all goes down.
Roberts accuses one of the officers of spreading lies and rumors about him.
Phillips decides a formal internal investigation is appropriate under the circumstances and initiates the process.
Another concocted story by Phillips and Roberts to target an employee.
Another example of a corrupt Winchester police department. Excuse upon excuse upon excuse for bad cops covering up for each other.
Bizarre?
Here is the complaint written by Chris Roberts about himself.
Leadership in Winchester is just below the surface of the roads we travel on. That’s not good for any of us.
Bizarre? You bet. Waste of taxpayer money? You bet. Unprofessional police department making too much money? You bet.
Both an embarrassment to Winchester and the Law Enforcement profession as a whole? You bet.
Here’s how it all goes down.
Roberts accuses one of the officers of spreading lies and rumors about him.
Phillips decides a formal internal investigation is appropriate under the circumstances and initiates the process.
Another concocted story by Phillips and Roberts to target an employee.
Another example of a corrupt Winchester police department. Excuse upon excuse upon excuse for bad cops covering up for each other.
Bizarre?
Here is the complaint written by Chris Roberts about himself.
Leadership in Winchester is just below the surface of the roads we travel on. That’s not good for any of us.
Monday, October 24, 2011
NH AG’s Office, Delaney & Tracy covering up SECRET CASH TRANSACTION between Chief of Police Gary Phillips & Subordinate Officer Eric Ammann?
AG’s office helps cover up one Public Official giving another Public Official money in exchange for favors? A BRIBE?
It was reported to the AG’s office, Gary Phillips, Chief gave Eric Ammann of NH State Police money from his own pocket in exchange for Ammann to come work for him full time.
Why is the AG’s office doing nothing about our corrupt NH Cops?
An investigation? Or a cover up?
A seasoned law enforcement official and criminal investigator for the NH Attorney General’s Office, Richard (Dick) Tracy, gives a wishy-washy explanation about Phillips lame-ass excuse for how Eric Ammann came to have this extra money in exchange for coming to the WPD full time.
Tracy reports, Phillips begged Ammann to come work for him at the WPD and he gave Ammann a personal check, drawn on his own personal account in exchange for doing so.
Phillips admits to Tracy it was $2,000.
Instead of asking Phillips how Ammann got the money, who gave him the money and who wrote the check he did nothing to find out exactly where the money came from, Tracy blows over that little detail.
Something to hide?
Instead of asking for a copy of the check – an easy way to figure out where the money came from, he didn’t bother.
According to Tracy, he drove 1 ½ to 2 hours to go all the way to Winchester for a face to face interview with Phillips and according to his report, couldn’t get an answer to the question – WAS the payout part of salary or did it come from Phillips himself?
Makes no sense does it? Why bother wasting the taxpayer’s money if you don’t want to look in the cave after you spend your time and gas money driving to it?
Tracy, you could have stayed in Concord and summoned Phillips up there for all the nothing you accomplished.
When is the NH Attorney General's office going to finally admit that they can't hide the corruption anymore and that they have bad cops in the State of NH they refuse to deal with while putting the public at risk?
And what about the Town of Winchester and the officials running the Town who knew about this?
Phillips admitted giving Ammann money, Ammann has said he got a check from Phillips personal account and NOT FROM THE TOWN OF WINCHESTER, in exchange for him agreeing to immediately come to work at the WPD at the time the offer was presented.
Hmmmmmmmm. If it smells like a bribe???? What else can you call it? Read the RSA on Corruption and Bribes. See copy of document.
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From Tracy’s report: “Approximately 2 years ago, Eric Ammann was working as a full time dispatcher for the NH State Police and a part time officer with Winchester. He had been trying to land a full time position as a police officer but was not able to pass the physical test. Chief Phillips approached Ammann and asked him to work full time with the department in the hopes that Ammann would eventually pass the PT test in the near future. Ammann was reluctant to do so noting that he needed the full time benefits that he had with State Police. Reportedly the Chief gave Ammann $1,500.00 out of his own pocket if Ammann would take a full time position with his department.” Open link to see copy of document.
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Phillips tells him: “A few years back Eric expressed his desire to work full time as a police officer, Winchester, was short handed having lost two officers to Hinsdale PD with a third officer out on workman comp everyone was working more overtime than they cared to. Phillips approached Eric who was working as a full time police dispatcher reference working at Winchester on a full time basis. Eric was hesitant to do that as he would lose benefits that he had with the state. Philips offered Eric $2,000 bonus to offset the loss. Phillips noted that he was desperate at the time, his officers were working more hours than they should and he feared for their safety from being overtired. Eric would accept the Chief’s offer…..” Open link to see copy of document.
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Tracy’s Summary of the reported crime: “The Chief paid Ammann $1,500 dollar to take a job with the department. That allegation shocked Chief Phillips. First the Chief doesn’t understand how that would benefit him or the department. Secondly the Chief pointed out that Ammann is a local guy who the Chief feels would fit in real well with the community and the department. Phillips assisted Ammann with getting a membership at the local gym. Phillips stated that around two years ago his department was shorthanded. Everyone was working additional hours, which became a safety concern for the Chief. He approached Ammann requesting that he work full time for the PD instead of part time. Ammann a dispatcher with the NHSP was concerned with losing his benefits. Phillips offered Ammann a $2,000 bonus to help offset the cost of benefits he would lose if he came to work for full time for Winchester.” Open link to see copy of document.
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The benefit to Phillips, in case Tracy missed some training classes on the way up to Concord, is that Phillips gets to keep his job and doesn’t get booted out on his ass.
What more did Tracy need? Phillips admits offering Ammann $2,000 and instead Tracy PLAYS WITH his OWN WORDS, figuring people won’t or are too stupid to catch on, “Philips offered Eric $2,000 bonus to offset the loss” and that “Eric would accept the Chief’s offer”.
He offered the money, Ammann accepted the pay off and started working fulltime for Phillips.
Headlines the AG's is afraid of. Extra, Extra, Read all about it.............
“Chief of Police gives his personal money to a subordinate officer in exchange for that officer having to meet conditions he set forth such as coming to work for him at the PD!”
And,
“By-passes the Town approved budgets for police officers salaries by admitting to propping up the salary of one of them by going outside the scope of how employees at the Town of Winchester are paid!”
Is that what the AG’s office is afraid of? Afraid of the headlines that don’t make them look good?
Phillips and his cronies need to be reminded of who pays their salaries.
Was this exchange of money reported to the Internal Revenue Service and State of NH, so that the proper amount of taxes and pension were paid?
What about a 1099? Did Phillips provide Ammann with a 1099?
Why can’t NH citizens get the AG's to do a proper investigations of our elected and appointed official’s misdeeds? Has the NH AG’s office and Delaney turned it’s back on all of NH or just Winchester, NH and the honest and decent people who live here?
Are we left to fend for ourselves and wait for more harm to come to the citizenry of this town? More lawsuits, more injuries and more scandals?
The AG’s office could have and should have applied for search warrants of both Phillips and Ammann’s financial records when Tracy first learned money passed hands between Phillips and Ammann? Why didn’t Delaney order this be done and why hasn’t it been done? They have the power.
The AG’s office, Delaney, Tracy et al, can’t keep standing behind the wall and saying there is no evidence any crimes being committed by our NH Police Force when they refuse to get the evidence that exists that proves crimes are committed.
When Tracy got to Winchester he knew that Phillips and Roberts were being investigated for bank fraud. Couldn’t he put 2 and 2 together?
Isn’t presenting fake documents and fraudulent information to a bank, regardless of the reason or excuse, illegal? Criminal? Against the Law? Something Prosecutor’s prosecute people for? Something the Police charge people with? Something people go to jail for?
I don't recall seeing a PS at the end of the NH Criminal Statute with a bunch of but if's or because this or because that.
It doesn't matter anyway, the AG’s office find them in violation. And since they were in violation of the by-laws, why weren’t they found to be in violation of the criminal laws?
Let’s see – bet the AG’s said we’ll just tell ‘em we just don’t think it wasn’t intentional, then we don’t have to do anything, we can close the case.
Or maybe they said that they’re just a little confused about the laws and didn’t realize that they had to follow the laws too, they thought the laws .
Another get out of jail free card? Why did the AG’s office let them off the hook on that one?
Were they looking the other way and pretending none of it ever happened?
If the police can be bought and sold so easily out in the open in broad daylight, what are they doing behind the closed doors we never find out about? How can we trust or believe anything they say?
Tracy didn’t follow through on information he was given and that information, was information that he could have easily substantiated what Phillips did was WRONG and ILLEGAL. Why not? Why didn’t he? Because he doesn’t have to? Not a valid excuse. It’s up to the AG Office to police the police. That’s one of their jobs.
Phillips had a BIG PR problem. Phillips also has a BIG EGO PROBLEM.
He didn’t want the word to get out that his police department was in shambles due to his mismanagement, he could lose his job if he were to be found an incompetent. Lose his job, his benefits, his paycheck. MOTIVE to BREAK the LAW?
Emails from the Town show the money didn’t come in a payroll check. Tracy should have done his job and asked this one simple questions from Town Hall.
Email to the Town dated 10/23/10:
“It is my understanding that when Eric Ammann was hired fulltime at the Winchester Police Department, the Town paid him a substantial sign on bonus.”
“Can you tell me specifically how much this additional salary cost the taxpayers?”
“I would also like to analyze the line item that shows this money being paid to him.”
“Who authorized this sign on bonus? Was this done by Selectmen’s vote? If so, can you tell me at what BOS meeting this vote took place during?”
Also, how much did Fred Ziegler or any of the other new police officers get for sign on bonuses and what line item was to record them?” Open link to see copy of document.
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In a response from Town Administrator Joan Morel dated 10/28/10.
“The Finance Department has looked into the financial, payroll and personnel files regarding your requests, and has reported back that the Town of Winchester as not authorized any sign-on bonuses for any member o the Police Department and there is no line item for this.” Open link to see copy of document.
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Email back to Morel dated 10/29/10.
“I appreciate you getting back to me on this, but this information doesn’t make sense. I have come across public records where Gary Phillips stated he offered Eric a $2,000.00 sign on bonus, to offset his lose in benefits to go to the WPD full-time and that Eric accepted that offer.”
“There must be a record of this as taxes and pension contributions would e reflected in the payment.”
“Can you please re-check the records?” Open link to see copy of document.
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Email dated 11/8/10, Morel writes back:
“This is written in response to both of your concerns, namely the gym memberships and sign-on bonus.”
“As explained in my email of 10/28/10, the Finance Department has looked into the financial, payroll and personnel files regarding your sign-on requests, and has reported back that the Town of Winchester has not authorized any sign-on bonuses for any member of the Police Department and there is no line item for this.”
“The Town of Winchester does not offer either sign-on bonuses or gym memberships. The Board of Selectmen reserves the right to make executive decisions if members feel an employee needs additional support.” Open link to see copy of document.
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In a response back to Morel in an email dated 11/10/10 which can be seen at the above link.
“Specifically, how much did the town pay for Eric Ammann’s gym membership or reimbursement, to whom it was paid and when was it paid.”
The response from Morel on 11/10/10.
“Your request does not stipulate any particular governmental record, only questions to be answered. However, if you are referring to documentation regarding this request, the cost of three (3) pages copied is $1.50. Please remit that amount to the Town, and copies will be provided to you”.
Then in yet another email dated 11/9/10 the Town is again asked, this time from a different requestor of information and is as follows:
“Have the selectmen authorized or approved any bonuses for Eric Amman? If so what are the dates and amounts of these bonuses?”
“Have the selectmen authorized or approved any payments or reimbursements to Eric Ammann for the purpose of a gym membership?”
“Have any of the WPD employees or any other members of the Town’s employees been reimbursed or approved to receive any monetary or monetary equivalents above their budgeted salary and benefits as outlined in the budget?”
"If so, who made the authorizations? Were any votes taken and if so when? If so who received the benefit, date and purpose of benefit and what budget lines are these items charged to?” Open link below to see copy of document.
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Response from Morel on 11/10/10:
“Your request does not stipulate any particular governmental record, only questions to be answered. However, if you are referring to documentation regarding this request, the cost is .50 per page.”
“Requests about Eric Amman are reasonably described, and the three (3) pages will be copied for you at a cost of $1.50. Please remit that amount to the Town, and copies will be provided to you”
“Please be more specific about the rest of your questions so that we may estimate the cost involved and be of assistance to you.”
Was this more preferential treatment that Eric Ammann received, in the form of additional income, beyond what he got from Phillips? Was this additional income included by the Town when they reported his wages and earnings to the State and Federal Governments and to the retirement system?
The responses pretty well substantiate that the money that Ammann received for coming to the WPD full time didn’t come from the taxpayers, which substantiates the fact that the money did come from an outside source and gives credence to Ammann stating it came from Phillips personally. Which was exactly what was reported to the AG’s office and precisely what Phillips was questioned on by the AG’s office, to which Phillips admitted to Tracy he did in fact offer money to Ammann and that Ammann accepted that offer. This all acknowledged by the AG’s office in it’s own report that Phillips said he offered Ammann $2,000 and Ammann accepted the offer.
So in nutshell –
1.Phillips asked Ammann to come to the WPD to work full time.
2.Ammann said NO, he couldn’t afford to because of some benefit he was getting from SP.
3.Phillips, instead of taking "NO" for an answer, offered Ammann $2,000 out of his own pocket to cover that loss if he agrees to immediately sign on with Winchester.
4. Ammann agrees to accept the new offer under the new terms and takes the $2,000 personal check from Phillips and immediately goes full time at the WPD.
5. Down the road, Ammann confesses to other officers about the incident and circumstances who in turn report the bribe.
6. The AG’s gets involved when they are made aware of the allegation, they question Phillips and Phillips admits to giving Ammann a $2,000 bonus and also admits that Ammann accepted it.
7. According to Tracy's report, Reppucci gets questioned and he tells Tracy he was told the money came from Phillips personally and not from the Town.
8. Tracy does nothing further. He doesn’t even question Ammann.
So the original allegation made against Phillips of questionable and illegal activity Phillips had engaged in when he offered his personal money to persuade a public official, Ammann, to come work for him has been established as an allegation based on truth and facts and that indeed money changed hands between the two of them for their own selfish gain.
Phillips is of questionable character.
He has the propensity (tendency, inclination) to be a liar. So much so that anything he does say is questionable.
Moammar Phillips?
TITLE LXII CRIMINAL CODE
CHAPTER 640 CORRUPT PRACTICES
Section 640:2
640:2 Bribery in Official and Political Matters.
I. A person is guilty of a class B felony if:a) He, promises, offers, or gives any pecuniary benefit to another with the purpose of influencing the other's action, decision,…or other exercise of discretion as a public servant, …
b) Being a public servant, party official, candidate for electoral office, or voter, he solicits, accepts or agrees to accept any pecuniary benefit from another knowing or believing the other's purpose to be as described in subparagraph I(a), or fails to report to a law enforcement officer that he has been offered or promised a pecuniary benefit in violation of subparagraph I(a).
II. .. the following definitions apply:
(a) "Public servant" means any officer or employee of the state or any political subdivision thereof, including judges, legislators, consultants, jurors, and persons otherwise performing a governmental function. A person is considered a public servant upon his election, appointment or other designation as such, although he may not yet officially occupy that position. A person is a candidate for electoral office upon his public announcement of his candidacy.
(c) "Pecuniary benefit" means any advantage in the form of money, property, commercial interest or anything else, the primary significance of which is economic gain; it does not include economic advantage applicable to the public generally, such as tax reduction or increased prosperity generally.
Source. 1971, 518:1, eff Nov. 1, 1973.
RSA 640:2 pretty well confirms that Phillips committed a class B felony when he promised, offered and gave Ammann a pecuniary benefit, in this case cash from his own pocket with the promise of a full time position with the WPD. Cash given for the sole purpose of influencing Ammann’s decision to immediately quit his job with State Police to come work for the him after Ammann told him he could not financially afford to immediately quit State Police and go to work at Winchester full time.
Another words Phillips cash payout is a cash bribe?
But one has to guess the Prosecutors decided not to prosecute, how convenient for all. And yeah, it's true, they don't like it when people get in their faces about it.
Under the same RSA Ammann committed a class B felony when he, being a public servant accepted and agreed to accept a monetary benefit from Phillips knowing that Phillips purpose for doing so was to sway Ammann to agree to be hired immediately. To make matters worse, Ammann, a sworn police officer who worked part time for 10 years and knew or should have known the statues, was obligated under the statute to report to a law enforcement officer that he has been offered or promised a pecuniary benefit in violation of the law.
Or, to be put into simple terms even Phillips and Tracy hope you don’t understand, Phillips offered him a cash bribe to come to work for Winchester immediately and Ammann accepted it. Amman then kept quiet about for almost a year and half. He finally told other officer who in turn reported the bribe. The crime was then “officially” reported, but again not by Ammann. Up until now it’s been kept a pretty quiet secret and little was known about the truth surrounding the entire events. The story has now been opened up for public view.
Sunday, September 4, 2011
Why did the NH Attorney Generals Office, run by Michael A Delaney, cover up a SECRET CASH TRANSACTION between Chief Gary Phillips & Officer Eric Ammann?
How does any Public Official justify giving another Public Official money in exchange for favors?
How does Delaney’s AG’s Office justify one Public Official paying another Public Official, money from their own pocket in exchange for a favor when they given information that it occurred? And in their justification of that crime aren’t they guilty of a cover-up and putting the community and the general public at risk by ignoring information regarding participation of public officials in corrupt practices?
How does any Public Official justify giving another Public Official money in exchange for favors?
A guy who is supposed to be a seasoned law enforcement official and criminal investigator for the NH Attorney General’s Office, Richard (Dick) Tracy, fails to include in his investigative report that he asked Phillips pointedly and directly – Phillips did you or did you not give Ammann money from your own pocket in exchange for taking a full time position with the Winchester Police Department?
It would stand to reason that since Tracy discussed the incident with Phillips and we know this from the AG’s report it was discussed, the question should have come up, since that was one of the many allegations Tracy was in Winchester to investigate to begin with.
Why would this not be in the report?
Why would Tracy drive 1 ½ to 2 hours one to go all the way to Winchester for a face to face interview with Phillips and not have in his report that he asked him if he personally gave Ammann money in exchange for a full time position with Winchester?
Is Delaney and the AG’s office trying to cover this up and even more? When is the NH Attorney General's office going to finally admit that they can't hide the corruption anymore and that they have bad cops in the State of NH they refuse to deal with while putting the public at risk?
And what about the Town of Winchester and the officials running the Town who knew about this?
The Chief of Police, Gary Phillips (Winchester Police Department), admitted and told the AG’s investigator that a money transaction occurred between himself and then NH State Police Dispatcher – Eric Ammann for the sole purpose of enticing Ammann to come work full-time for the WPD.
Phillips has admitted to reliable sources, but apparently not to the AG’S office, according to this report, that he paid Ammann from his own personnel checking account for the sole purpose of enticing Ammann to come work for the WPD. Phillips decided to sweeten his offer of a full-time position by offering Ammann a couple extra thousand dollars in salary, which he would thoughtfully provide out of his own pocket, if Ammann would make the decision to leave State Police and come to the WPD full-time and the condition was that he so immediately.
Ammann has also admitted to other reliable sources he received MONIES directly from the Chief in the form of a personnel check and NOT FROM THE TOWN OF WINCHESTER, in exchange for him agreeing to immediately come to work at the WPD at the time the offer was presented.
Hmmmmmmmmmmmm. If it smells like a bribe???? What else can you call it? Read the RSA on Corruption and Bribes. Open link to see copy of document.
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Read the following quoted excerpts from the AG’s report as documented by Tracy in his interviews and conclusions, and see whether or not Phillips gave Ammann money from his own personal bank accounts in exchange for coming on board to work for his police department full time.
Reppucci response to Tracy’s questions regarding his knowledge of the incident during the Reppucci interview: “Approximately 2 years ago, Eric Ammann was working as a full time dispatcher for the NH State Police and a part time officer with Winchester. He had been trying to land a full time position as a police officer but was not able to pass the physical test. Chief Phillips approached Ammann and asked him to work full time with the department in the hopes that Ammann would eventually pass the PT test in the near future. Ammann was reluctant to do so noting that he needed the full time benefits that he had with State Police. Reportedly the Chief gave Ammann $1,500.00 out of his own pocket if Ammann would take a full time position with his department.” Open link to see copy of document.
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Phillips response to Tracy’s questions about his information during Phillips interview: “A few years back Eric expressed his desire to work full time as a police officer, Winchester, was short handed having lost two officers to Hinsdale PD with a third officer out on workman comp everyone was working more overtime than they cared to. Phillips approached Eric who was working as a full time police dispatcher reference working at Winchester on a full time basis. Eric was hesitant to do that as he would lose benefits that he had with the state. Philips offered Eric $2,000 bonus to offset the loss. Phillips noted that he was desperate at the time, his officers were working more hours than they should and he feared for their safety from being overtired. Eric would accept the Chief’s offer…..” Open link to see copy of document.
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From Tracy’s Report, in his Summary of the reported crime: “The Chief paid Ammann $1,500 dollar to take a job with the department. That allegation shocked Chief Phillips. First the Chief doesn’t understand how that would benefit him or the department. Secondly the Chief pointed out that Ammann is a local guy who the Chief feels would fit in real well with the community and the department. Phillips assisted Ammann with getting a membership at the local gym. Phillips stated that around two years ago his department was shorthanded. Everyone was working additional hours, which became a safety concern for the Chief. He approached Ammann requesting that he work full time for the PD instead of part time. Ammann a dispatcher with the NHSP was concerned with losing his benefits. Phillips offered Ammann a $2,000 bonus to help offset the cost of benefits he would lose if he came to work for full time for Winchester.” Open link to see copy of document.
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It’s very interesting that Tracy doesn’t mention in his summary what is included in his report that Phillips acknowledged offering Ammann $2,000, “Philips offered Eric $2,000 bonus to offset the loss” and that “Eric would accept the Chief’s offer”.
How does a Chief of Police, any Chief of Police get away with this?
1. Giving his personal money to a subordinate officer in exchange for that officer having to meet conditions he set forth such as coming to work for him at the PD?
And,
2. By-passing the Town approved budgets for police officers salaries by admitting to propping up the salary of one of them in a manner that is outside the scope of how employees at the Town of Winchester are paid?
Is Phillips that incapable of knowing right from wrong? Incapable of knowing when he follows the law or when breaks the law? Or does he just not care?
Someone with the amount of power entrusted to him as Phillips has, who arbitrarily and without regard violates continually, is a detriment to society as a whole, sends out the wrong message that breaking the law is OK and slaps in the face the people he is sworn to protect.
Phillips, sworn to protect and serve, entrusted to do so, a Public Servant who’s job is to serve the Public, not his own self interests, who has a history of doing as he pleases because he has no fear of reprisal and continues to act as if he is above the laws, sending a very dangerous message that should not be tolerated.
Did Phillips tell the Town of this transaction so that the proper income was reported to the Internal Revenue Service and State of NH, so that the proper amount of taxes and pension were paid? Of course not, it wasn’t the Town that paid Ammann, therefore not their responsibility to do so.
Did Phillips by-pass letting the IRS about this income? Did he provide Ammann with a 1099? Or do Phillips and Amman consider this money to be a gift?
Moreover, was this just a cover-up of a crime of bribery between the Chief and an Officer by Dick Tracy, the investigator for the Delaney’s NH AG’s office?
Why has Delaneys’s NH AG’s office covered up this and more? Is this why we can’t get a proper investigation of our elected and appointed officials misdeeds? Has the NH AG’s office and Delaney turned it’s back on Winchester, NH and the honest and decent people who live here?
Are we left to fend for ourselves and wait for more harm to come to the citizenry of this town? More lawsuits, more injuries and more scandals?
Having already been presented with this information previously why didn’t the AG’s office apply for search warrants of both Gary Phillips and Eric Amman’s financial records when Tracy first learned money passed hands between Phillips and Ammann? Why didn’t Delaney order this be done and why hasn’t it been done?
Ammann has already admitted to others that the money came from Phillips personally and not from the Town and that is confirmed from Phillips own statements during the interview between himself and the AG’s office.
Why didn’t the AG’s office, Tracy in particular feel compelled to interview Ammann as he did with Reppucci and Phillips and any others he may not have disclosed? Aren’t Ammann’s recollection of the events that transpired between himself and Phillips relevant? Aren’t his bank records relevant? Wouldn’t they show an important link between himself and Phillips and the money that exchanged hands between them for an unlawful purpose? Bribery of a Public Official and a Public Official accepting the bribe?
Wasn’t Phillips and Roberts being investigated for bank fraud when they submitted fraudulent paperwork containing false information to TD Bank in order to take over the Police Associations bank account and gain access to it at the same time this investigation was going on?
Isn’t presenting fake and fraudulent information to a bank, regardless of the reason or excuse, illegal? Criminal? Against the Law? Something Prosecutor’s prosecute people for? Something the Police charge people with? Something people go to jail for?
Didn’t the AG’s office find them in violation of the by-laws when they did that? And if they were in violation of the by-laws then they with absolute certainty they were in violation of the criminal laws so why did the AG’s office let them off the hook on that one and not prosecute anyone?
How is it they were made aware of all this illegal activity and more but looked the other way and pretended it never happened?
If the police can be bought and sold so easily out in the open in broad daylight, what are they doing behind the closed doors we never find out about? How can we trust or believe anything they say?
Phillips has already admitted to the AG”s the money went to Ammann.
What more evidence does the AG’s office need? How incompetent are they? They get information and they don’t follow through or is it won’t follow through?
Why didn’t Tracy bother to collect this evidence or have someone else do it so they could do a proper investigation and come to a conclusion based on the facts?
Tracy didn’t follow through on information he was given and that information, was information that he could have easily substantiated one way or another to true or false. Why not? Why didn’t he? Because he doesn’t have to? Not a valid excuse. It’s up to the AG Office to police the police. That’s one of their jobs.
Why didn’t Tracy review the Town’s payroll and personnel records belonging to Ammann and the rest of the police department for that matter? Those records would have shown inconsistencies of statements made by Phillips.
Inconsistencies, such as:
Overtime. The officers weren’t working hours upon hours of extra overtime during that period of time. A quick look at the payroll records easily reflect that. All Phillips did was shift around his personnel and changed their hours around to ensure the proper coverage.
As a matter of fact, quickly looking at the towns records will show that numerous outside police details were being participated in by his officers at this time. Extra hours being put in to make extra money outside of the police department. Extra hours that can only be authorized by Phillips himself.
If Phillips were so concerned about safety, why then would he have allowed the Town and his employees to be in potentially unsafe situations and in jeopardy by authorizing these outside details to begin with? “Phillips noted that he was desperate at the time, his officers were working more hours than they should and he feared for their safety from being overtired.” As quoted from the AG’s report.
So he wasn’t as desperate as the AG’s reports indicates. The AG’s office however, dropped the ball when they neglected to check the records and took Phillips word at face value or did a quiet under the table look the other way.
Quickly checking the records would have also left Tracy with the knowledge that none of the police officers were out on workers comp as Phillips stated to the AG’s office as documented in their report, “Winchester, was short handed having lost two officers to Hinsdale PD with a third officer out on workman comp”. See link
Had he checked these contradictions it may have sparked a question or two as follow-up to his original questions to all parties. But alas, Tracy never checked anything and instead relied on what he was told by the Chief, took that information at face and trusted his word.
Here’s another contradiction.
“The Chief paid Ammann $1,500 dollar to take a job with the department. That allegation shocked Chief Phillips. First the Chief doesn’t understand how that would benefit him or the department.” Again from the AG’s report. See link
How could an allegation that the Chief paid Ammann $1,500 dollars shock him? He admitted to Tracy that is precisely what he did. Perhaps he was offended that the dollar amount Tracy questioned him about was $500.00 less than what he admitted to Tracy he offered, $2,000. It’s a strange statement to make regardless.
As to the benefit to him or his department that is simple. Phillips had already stated the benefit would be less overtime and less wear and tear on his officers. Which myth is debunked by the Town’s payroll records, approved outside department detail work that officers were participating in, as well as the schedule made by Phillips himself.
It’s not like Phillips hasn’t had practice or had to deal with conflicting and tricky schedules in the past. Shifting peoples work schedules around for a variety of different reasons such as illness, vacations, officers in training or in the academy or numerous other different scenarios. This was pretty much standard business as usual for the department.
A benefit to Phillips was that he didn’t have to work weekends if he hurried up and hired someone. Reportedly, it was really Phillips who was doing the complaining about the schedule, not everyone else. He had to work weekends and he didn’t like it.
The other benefit to Phillips was more personal.
Phillips, lost his Lieutenant, Theresa Sepe and his Corporal, Royce Pelkey to the Hinsdale PD, simultaneously.
Hinsdale had just fired Chris Roberts, after having demoted him some time earlier. His termination was for among other things his inability to get along with the Chief and his refusal to take a 2 week supervisor/management course in RI that the Chief wanted him to take. This is also part of the AG’s report.
The open positions in Hinsdale were enough for Sepe and Pelkey to apply for and then to flee to, both finally getting away from the WPD and the major disagreement they had with how Phillips ran the police department just as they desired to do.
Sepe had been a police officer in Winchester, the Town she lived in for 20 years, had worked under different Police Chiefs, yet she had to flee because of Phillips.
Phillips had been her commanding officer for about 3 years before she bailed, jumped ship or just plain took another job with another town, you pick the ending.
The fact is she abruptly left without any notice, took a demotion, increased her commute time and mileage to go take a job in another town all because of her conflicts with Phillips.
Sounds like she had no problems working with Gary Phillips right? Wrong. Phillips had been just a subordinate to her before he put the screws to the Town and took the position of Chief, but only after telling the Town Administrator he was only interested in the position for a couple of years and then would step down. As is a commonly known trait of Phillips, he never kept his word and never stepped down and we still have him around.
Then we have Pelkey. He too took a demotion to go work for Hinsdale. In fact, Phillips told Pelky that if agreed to stay he would promote him from Corporal to Sergeant. Pelkey turned down the offer, the promotion, more money and took a demotion from Corporal to Patrolmen and went to work for Hinsdale. Turning down a promotion, turning down more money, he opted for a demotion, probably a reduction in pay and an even longer commute than Sepe because he lived in Richmond and would now have to travel to Hinsdale just because of his conflicts with Phillips.
Of course, Sepe and Pelkey both have made it known their feelings for Phillips and none of those feelings were of admiration.
So Phillips had a BIG PR problem. Phillips also has a BIG EGO PROBLEM.
He didn’t want the word to get out that his police department was in shambles due to his mismanagement, he could lose his job if he were to be found an incompetent. Lose his job, his benefits, his paycheck. MOTIVE to BREAK the LAW?
So when Phillips says there was no gain for him he lies again, his gain is to save face by hurrying up the process of getting Ammann or anyone else for that matter signed on as a full time officer to take the heat off himself.
Make himself look good, that he had things under control and it was no loss or big deal for Sepe and Pelkey to be gone. Save face, save his job, save his paycheck and pension.
That was the motive, the game that Phillips played.
He would get someone in there immediately even if that meant he would pay that someone out of his own pocket. Put into the proper order, in the proper sequence the reality is, it was Phillips who was desperate and the desperation came from his fear of being ridiculed for being a poor manager, a Chief who couldn’t run a police department and the loss of his own job because of his inadequacies.
The Town of Winchester was asked through simple RTK requests, to review the records to determine whether bonuses or other additional money given, as a bonus, to Ammann and others. They were asked to review simple records and give simple answers to questions asked. Something Tracy should have done.
For instance in an email to the Town dated 10/23/10:
“It is my understanding that when Eric Ammann was hired fulltime at the Winchester Police Department, the Town paid him a substantial sign on bonus.”
“Can you tell me specifically how much this additional salary cost the taxpayers?”
“I would also like to analyze the line item that shows this money being paid to him.”
“Who authorized this sign on bonus? Was this done by Selectmen’s vote? If so, can you tell me at what BOS meeting this vote took place during?”
Also, how much did Fred Ziegler or any of the other new police officers get for sign on bonuses and what line item was to record them?” Open link to see copy of document.
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In a response from Town Administrator Joan Morel dated 10/28/10.
“The Finance Department has looked into the financial, payroll and personnel files regarding your requests, and has reported back that the Town of Winchester as not authorized any sign-on bonuses for any member o the Police Department and there is no line item for this.” Open link to see copy of document.
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In an email back to Morel dated 10/29/10.
“I appreciate you getting back to me on this, but this information doesn’t make sense. I have come across public records where Gary Phillips stated he offered Eric a $2,000.00 sign on bonus, to offset his lose in benefits to go to the WPD full-time and that Eric accepted that offer.”
“There must be a record of this as taxes and pension contributions would e reflected in the payment.”
“Can you please re-check the records?” Open link to see copy of document.
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Then in an email dated 11/8/10, Morel writes back:
“This is written in response to both of your concerns, namely the gym memberships and sign-on bonus.”
“As explained in my email of 10/28/10, the Finance Department has looked into the financial, payroll and personnel files regarding your sign-on requests, and has reported back that the Town of Winchester has not authorized any sign-on bonuses for any member of the Police Department and there is no line item for this.”
“The Town of Winchester does not offer either sign-on bonuses or gym memberships. The Board of Selectmen reserves the right to make executive decisions if members feel an employee needs additional support.” Open link to see copy of document.
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In a response back to Morel in an email dated 11/10/10 whcih can be seen at the above link.
“Specifically, how much did the town pay for Eric Ammann’s gym membership or reimbursement, to whom it was paid and when was it paid.” See Link.
The response from Morel on 11/10/10, again the document cans be seen on the link above.
“Your request does not stipulate any particular governmental record, only questions to be answered. However, if you are referring to documentation regarding this request, the cost of three (3) pages copied is $1.50. Please remit that amount to the Town, and copies will be provided to you”See Link.
Then in yet another email dated 11/9/10 the Town is again asked, this time from a different requestor of information and is as follows:
“Have the selectmen authorized or approved any bonuses for Eric Amman? If so what are the dates and amounts of these bonuses?”
“Have the selectmen authorized or approved any payments or reimbursements to Eric Amann for the purpose of a gym membership?”
“Have any of the WPD employees or any other members of the Town’s employees been reimbursed or approved to receive any monetary or monetary equivalents above their budgeted salary and benefits as outlined in the budget?”
"If so, who made the authorizations? Were any votes taken and if so when? If so who received the benefit, date and purpose of benefit and what budget lines are these items charged to?”Open link below to see copy of document.
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Response from Morel on 11/10/10:
“Your request does not stipulate any particular governmental record, only questions to be answered. However, if you are referring to documentation regarding this request, the cost is .50 per page.”
“Requests about Eric Amman are reasonably described, and the three (3) pages will be copied for you at a cost of $1.50. Please remit that amount to the Town, and copies will be provided to you”
“Please be more specific about the rest of your questions so that we may estimate the cost involved and be of assistance to you.” See Link.
Was this more preferential treatment that Eric Ammann received, in the form of additional income, beyond what he got from Phillips? Was this additional income included by the Town when they reported his wages and earnings to the State and Federal Governments and to the retirement system?
The responses pretty well substantiate that the money that Ammann received for coming to the WPD full time didn’t come from the taxpayers, which substantiates the fact that the money did come from an outside source and gives credence to Ammann stating it came from Phillips personally. Which was exactly what was reported to the AG’s office and precisely what Phillips was questioned on by the AG’s office, to which Phillips admitted to Tracy he did in fact offer money to Ammann and that Ammann accepted that offer. This all acknowledged by the AG’s office in it’s own report that Phillips said he offered Ammann $2,000 and Ammann accepted the offer.
So in nutshell –
1.Phillips asked Ammann to come to the WPD to work full time.
2.Ammann said NO, he couldn’t afford to because of some benefit he was getting from SP.
3.Phillips, instead of taking "NO" for an answer, then offers Ammann $2,000 out of his own pocket to cover that loss if he agrees to immediately sign on with Winchester.
4. Ammann agrees to accept the new offer under the new terms and takes the $2,000 personal check from Phillips and immediately goes full time at the WPD.
5. Down the road, Ammann confesses to other officers about the incident and circumstances who in turn report the bribe.
6. The AG’s gets involved when they are made aware of the allegation, they question Phillips and Phillips admits to giving Ammann a $2,000 bonus and also admits that Ammann accepted it.
7. According to Tracy's report, Reppucci gets questioned and he tells Tracy he was told the money came from Phillips personally and not from the Town.
8. Tracy does nothing further. He doesn’t even question Ammann.
So the original allegation made against Phillips of questionable and illegal activity Phillips had engaged in when he offered his personal money to persuade a public official, Ammann, to come work for him has been established as an allegation based on truth and facts and that indeed money changed hands between the two of them for their own selfish gain.
Why didn’t Tracy go to the Town Hall office on August 26th, the day he was at the police department and ask to inspect the towns records? The same records that were requested through a RTK request. Mounting proof Tracy chose to ignore what he was told as there is no reason he would not have been able to access this same information himself through the AG’s office.
The records show no bonuses given – no sign on bonuses in the policy, none authorized by the BOS. How much clearer would it need to be?
No money exchanged between the Town of Winchester and Eric Ammann except budget approved weekly payroll.
Why didn’t Tracy ask to inspect Amman’s payroll records which we know show he didn’t receive any bonuses or sign on bonuses?
Why was Tracy so negligent in his investigation for Delaney's AG Office? What was his motive? Too much work, vacation schedule, incompetence or just a plain cover-up? There has to be a reason why Tracy just ignored this information of criminal activity between Phillips and Ammann.
From all the information presented to Tracy and here it’s pretty clear that Phillips admitted giving Ammann a couple thousand dollars and Ammann accepted it, in exchange for a full time position at the Town of Winchester PD.
Here’s the NH RSA under the Criminal Code for Corrupt Practices or to use a common phrase a “bribe” and the pertinent parts underlined and bolded.
TITLE LXII CRIMINAL CODE
CHAPTER 640 CORRUPT PRACTICES
Section 640:2
640:2 Bribery in Official and Political Matters.
I. A person is guilty of a class B felony if:
(a) He, promises, offers, or gives any pecuniary benefit to another with the purpose of influencing the other's action, decision, opinion, recommendation, vote, nomination, or other exercise of discretion as a public servant, party official, or voter; or
(b) Being a public servant, party official, candidate for electoral office, or voter, he solicits, accepts or agrees to accept any pecuniary benefit from another knowing or believing the other's purpose to be as described in subparagraph I(a), or fails to report to a law enforcement officer that he has been offered or promised a pecuniary benefit in violation of subparagraph I(a).
II. As used in this section and other sections of this chapter, the following definitions apply:
(a) "Public servant" means any officer or employee of the state or any political subdivision thereof, including judges, legislators, consultants, jurors, and persons otherwise performing a governmental function. A person is considered a public servant upon his election, appointment or other designation as such, although he may not yet officially occupy that position. A person is a candidate for electoral office upon his public announcement of his candidacy.
b) "Party official" means any person holding any post in a political party whether by election, appointment or otherwise.
(c) "Pecuniary benefit" means any advantage in the form of money, property, commercial interest or anything else, the primary significance of which is economic gain; it does not include economic advantage applicable to the public generally, such as tax reduction or increased prosperity generally.
Source. 1971, 518:1, eff Nov. 1, 1973.
RSA 640:2 confirms Phillips committed a class B felony when he promised, offered and gave Ammann a pecuniary benefit, in this case cash from his own pocket with the promise of a full time position with the WPD. Cash given for the sole purpose of influencing Ammann’s decision to immediately quit his job with State Police to come work for the him after Ammann told him he could not financially afford to immediately quit State Police and go to work at Winchester full time.
Another words Phillips cash payout can be construed as a cash bribe.
Under the same RSA Ammann committed a class B felony when he, being a public servant accepted and agreed to accept a monetary benefit from Phillips knowing that Phillips purpose for doing so was to sway Ammann to agree to be hired immediately. To make matters worse, Ammann, a sworn police officer who worked part time for 10 years and knew or should have known the statues, was obligated under the statute to report to a law enforcement officer that he has been offered or promised a pecuniary benefit in violation of the law.
Or, to be put into simple terms Phillips offered him a cash bribe to come to work for Winchester immediately and Ammann accepted it. Amman then kept quiet about for almost a year and half. He finally told other officer who in turn reported the bribe. The crime was then “officially” reported, but again not by Ammann. Up until now it’s been kept a pretty quiet secret and little was known about the truth surrounding the entire events. The story has now been opened up for public view.
Based on the email correspondence the Town has known about this for almost a year at minimum. Yet they continue to let Phillips run the show and do nothing to stop him, increasing day by day the liability that will eventually be paid to all those who seek justice and relief.
Those running around in Town Hall ought not to sit smugly in their arm chairs believing that they can't be found personally liable or that they are somehow protected by immunity. That might not be a defense when it can clearly be proved through documents that they have been notified numerous times over several years, warned and repeatedly asked to intervene and have continued to fail to do so.
And when is the FBI going to start investigating the corruption in this town and this state?
How does Delaney’s AG’s Office justify one Public Official paying another Public Official, money from their own pocket in exchange for a favor when they given information that it occurred? And in their justification of that crime aren’t they guilty of a cover-up and putting the community and the general public at risk by ignoring information regarding participation of public officials in corrupt practices?
How does any Public Official justify giving another Public Official money in exchange for favors?
A guy who is supposed to be a seasoned law enforcement official and criminal investigator for the NH Attorney General’s Office, Richard (Dick) Tracy, fails to include in his investigative report that he asked Phillips pointedly and directly – Phillips did you or did you not give Ammann money from your own pocket in exchange for taking a full time position with the Winchester Police Department?
It would stand to reason that since Tracy discussed the incident with Phillips and we know this from the AG’s report it was discussed, the question should have come up, since that was one of the many allegations Tracy was in Winchester to investigate to begin with.
Why would this not be in the report?
Why would Tracy drive 1 ½ to 2 hours one to go all the way to Winchester for a face to face interview with Phillips and not have in his report that he asked him if he personally gave Ammann money in exchange for a full time position with Winchester?
Is Delaney and the AG’s office trying to cover this up and even more? When is the NH Attorney General's office going to finally admit that they can't hide the corruption anymore and that they have bad cops in the State of NH they refuse to deal with while putting the public at risk?
And what about the Town of Winchester and the officials running the Town who knew about this?
The Chief of Police, Gary Phillips (Winchester Police Department), admitted and told the AG’s investigator that a money transaction occurred between himself and then NH State Police Dispatcher – Eric Ammann for the sole purpose of enticing Ammann to come work full-time for the WPD.
Phillips has admitted to reliable sources, but apparently not to the AG’S office, according to this report, that he paid Ammann from his own personnel checking account for the sole purpose of enticing Ammann to come work for the WPD. Phillips decided to sweeten his offer of a full-time position by offering Ammann a couple extra thousand dollars in salary, which he would thoughtfully provide out of his own pocket, if Ammann would make the decision to leave State Police and come to the WPD full-time and the condition was that he so immediately.
Ammann has also admitted to other reliable sources he received MONIES directly from the Chief in the form of a personnel check and NOT FROM THE TOWN OF WINCHESTER, in exchange for him agreeing to immediately come to work at the WPD at the time the offer was presented.
Hmmmmmmmmmmmm. If it smells like a bribe???? What else can you call it? Read the RSA on Corruption and Bribes. Open link to see copy of document.
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Read the following quoted excerpts from the AG’s report as documented by Tracy in his interviews and conclusions, and see whether or not Phillips gave Ammann money from his own personal bank accounts in exchange for coming on board to work for his police department full time.
Reppucci response to Tracy’s questions regarding his knowledge of the incident during the Reppucci interview: “Approximately 2 years ago, Eric Ammann was working as a full time dispatcher for the NH State Police and a part time officer with Winchester. He had been trying to land a full time position as a police officer but was not able to pass the physical test. Chief Phillips approached Ammann and asked him to work full time with the department in the hopes that Ammann would eventually pass the PT test in the near future. Ammann was reluctant to do so noting that he needed the full time benefits that he had with State Police. Reportedly the Chief gave Ammann $1,500.00 out of his own pocket if Ammann would take a full time position with his department.” Open link to see copy of document.
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Phillips response to Tracy’s questions about his information during Phillips interview: “A few years back Eric expressed his desire to work full time as a police officer, Winchester, was short handed having lost two officers to Hinsdale PD with a third officer out on workman comp everyone was working more overtime than they cared to. Phillips approached Eric who was working as a full time police dispatcher reference working at Winchester on a full time basis. Eric was hesitant to do that as he would lose benefits that he had with the state. Philips offered Eric $2,000 bonus to offset the loss. Phillips noted that he was desperate at the time, his officers were working more hours than they should and he feared for their safety from being overtired. Eric would accept the Chief’s offer…..” Open link to see copy of document.
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From Tracy’s Report, in his Summary of the reported crime: “The Chief paid Ammann $1,500 dollar to take a job with the department. That allegation shocked Chief Phillips. First the Chief doesn’t understand how that would benefit him or the department. Secondly the Chief pointed out that Ammann is a local guy who the Chief feels would fit in real well with the community and the department. Phillips assisted Ammann with getting a membership at the local gym. Phillips stated that around two years ago his department was shorthanded. Everyone was working additional hours, which became a safety concern for the Chief. He approached Ammann requesting that he work full time for the PD instead of part time. Ammann a dispatcher with the NHSP was concerned with losing his benefits. Phillips offered Ammann a $2,000 bonus to help offset the cost of benefits he would lose if he came to work for full time for Winchester.” Open link to see copy of document.
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It’s very interesting that Tracy doesn’t mention in his summary what is included in his report that Phillips acknowledged offering Ammann $2,000, “Philips offered Eric $2,000 bonus to offset the loss” and that “Eric would accept the Chief’s offer”.
How does a Chief of Police, any Chief of Police get away with this?
1. Giving his personal money to a subordinate officer in exchange for that officer having to meet conditions he set forth such as coming to work for him at the PD?
And,
2. By-passing the Town approved budgets for police officers salaries by admitting to propping up the salary of one of them in a manner that is outside the scope of how employees at the Town of Winchester are paid?
Is Phillips that incapable of knowing right from wrong? Incapable of knowing when he follows the law or when breaks the law? Or does he just not care?
Someone with the amount of power entrusted to him as Phillips has, who arbitrarily and without regard violates continually, is a detriment to society as a whole, sends out the wrong message that breaking the law is OK and slaps in the face the people he is sworn to protect.
Phillips, sworn to protect and serve, entrusted to do so, a Public Servant who’s job is to serve the Public, not his own self interests, who has a history of doing as he pleases because he has no fear of reprisal and continues to act as if he is above the laws, sending a very dangerous message that should not be tolerated.
Did Phillips tell the Town of this transaction so that the proper income was reported to the Internal Revenue Service and State of NH, so that the proper amount of taxes and pension were paid? Of course not, it wasn’t the Town that paid Ammann, therefore not their responsibility to do so.
Did Phillips by-pass letting the IRS about this income? Did he provide Ammann with a 1099? Or do Phillips and Amman consider this money to be a gift?
Moreover, was this just a cover-up of a crime of bribery between the Chief and an Officer by Dick Tracy, the investigator for the Delaney’s NH AG’s office?
Why has Delaneys’s NH AG’s office covered up this and more? Is this why we can’t get a proper investigation of our elected and appointed officials misdeeds? Has the NH AG’s office and Delaney turned it’s back on Winchester, NH and the honest and decent people who live here?
Are we left to fend for ourselves and wait for more harm to come to the citizenry of this town? More lawsuits, more injuries and more scandals?
Having already been presented with this information previously why didn’t the AG’s office apply for search warrants of both Gary Phillips and Eric Amman’s financial records when Tracy first learned money passed hands between Phillips and Ammann? Why didn’t Delaney order this be done and why hasn’t it been done?
Ammann has already admitted to others that the money came from Phillips personally and not from the Town and that is confirmed from Phillips own statements during the interview between himself and the AG’s office.
Why didn’t the AG’s office, Tracy in particular feel compelled to interview Ammann as he did with Reppucci and Phillips and any others he may not have disclosed? Aren’t Ammann’s recollection of the events that transpired between himself and Phillips relevant? Aren’t his bank records relevant? Wouldn’t they show an important link between himself and Phillips and the money that exchanged hands between them for an unlawful purpose? Bribery of a Public Official and a Public Official accepting the bribe?
Wasn’t Phillips and Roberts being investigated for bank fraud when they submitted fraudulent paperwork containing false information to TD Bank in order to take over the Police Associations bank account and gain access to it at the same time this investigation was going on?
Isn’t presenting fake and fraudulent information to a bank, regardless of the reason or excuse, illegal? Criminal? Against the Law? Something Prosecutor’s prosecute people for? Something the Police charge people with? Something people go to jail for?
Didn’t the AG’s office find them in violation of the by-laws when they did that? And if they were in violation of the by-laws then they with absolute certainty they were in violation of the criminal laws so why did the AG’s office let them off the hook on that one and not prosecute anyone?
How is it they were made aware of all this illegal activity and more but looked the other way and pretended it never happened?
If the police can be bought and sold so easily out in the open in broad daylight, what are they doing behind the closed doors we never find out about? How can we trust or believe anything they say?
Phillips has already admitted to the AG”s the money went to Ammann.
What more evidence does the AG’s office need? How incompetent are they? They get information and they don’t follow through or is it won’t follow through?
Why didn’t Tracy bother to collect this evidence or have someone else do it so they could do a proper investigation and come to a conclusion based on the facts?
Tracy didn’t follow through on information he was given and that information, was information that he could have easily substantiated one way or another to true or false. Why not? Why didn’t he? Because he doesn’t have to? Not a valid excuse. It’s up to the AG Office to police the police. That’s one of their jobs.
Why didn’t Tracy review the Town’s payroll and personnel records belonging to Ammann and the rest of the police department for that matter? Those records would have shown inconsistencies of statements made by Phillips.
Inconsistencies, such as:
Overtime. The officers weren’t working hours upon hours of extra overtime during that period of time. A quick look at the payroll records easily reflect that. All Phillips did was shift around his personnel and changed their hours around to ensure the proper coverage.
As a matter of fact, quickly looking at the towns records will show that numerous outside police details were being participated in by his officers at this time. Extra hours being put in to make extra money outside of the police department. Extra hours that can only be authorized by Phillips himself.
If Phillips were so concerned about safety, why then would he have allowed the Town and his employees to be in potentially unsafe situations and in jeopardy by authorizing these outside details to begin with? “Phillips noted that he was desperate at the time, his officers were working more hours than they should and he feared for their safety from being overtired.” As quoted from the AG’s report.
So he wasn’t as desperate as the AG’s reports indicates. The AG’s office however, dropped the ball when they neglected to check the records and took Phillips word at face value or did a quiet under the table look the other way.
Quickly checking the records would have also left Tracy with the knowledge that none of the police officers were out on workers comp as Phillips stated to the AG’s office as documented in their report, “Winchester, was short handed having lost two officers to Hinsdale PD with a third officer out on workman comp”. See link
Had he checked these contradictions it may have sparked a question or two as follow-up to his original questions to all parties. But alas, Tracy never checked anything and instead relied on what he was told by the Chief, took that information at face and trusted his word.
Here’s another contradiction.
“The Chief paid Ammann $1,500 dollar to take a job with the department. That allegation shocked Chief Phillips. First the Chief doesn’t understand how that would benefit him or the department.” Again from the AG’s report. See link
How could an allegation that the Chief paid Ammann $1,500 dollars shock him? He admitted to Tracy that is precisely what he did. Perhaps he was offended that the dollar amount Tracy questioned him about was $500.00 less than what he admitted to Tracy he offered, $2,000. It’s a strange statement to make regardless.
As to the benefit to him or his department that is simple. Phillips had already stated the benefit would be less overtime and less wear and tear on his officers. Which myth is debunked by the Town’s payroll records, approved outside department detail work that officers were participating in, as well as the schedule made by Phillips himself.
It’s not like Phillips hasn’t had practice or had to deal with conflicting and tricky schedules in the past. Shifting peoples work schedules around for a variety of different reasons such as illness, vacations, officers in training or in the academy or numerous other different scenarios. This was pretty much standard business as usual for the department.
A benefit to Phillips was that he didn’t have to work weekends if he hurried up and hired someone. Reportedly, it was really Phillips who was doing the complaining about the schedule, not everyone else. He had to work weekends and he didn’t like it.
The other benefit to Phillips was more personal.
Phillips, lost his Lieutenant, Theresa Sepe and his Corporal, Royce Pelkey to the Hinsdale PD, simultaneously.
Hinsdale had just fired Chris Roberts, after having demoted him some time earlier. His termination was for among other things his inability to get along with the Chief and his refusal to take a 2 week supervisor/management course in RI that the Chief wanted him to take. This is also part of the AG’s report.
The open positions in Hinsdale were enough for Sepe and Pelkey to apply for and then to flee to, both finally getting away from the WPD and the major disagreement they had with how Phillips ran the police department just as they desired to do.
Sepe had been a police officer in Winchester, the Town she lived in for 20 years, had worked under different Police Chiefs, yet she had to flee because of Phillips.
Phillips had been her commanding officer for about 3 years before she bailed, jumped ship or just plain took another job with another town, you pick the ending.
The fact is she abruptly left without any notice, took a demotion, increased her commute time and mileage to go take a job in another town all because of her conflicts with Phillips.
Sounds like she had no problems working with Gary Phillips right? Wrong. Phillips had been just a subordinate to her before he put the screws to the Town and took the position of Chief, but only after telling the Town Administrator he was only interested in the position for a couple of years and then would step down. As is a commonly known trait of Phillips, he never kept his word and never stepped down and we still have him around.
Then we have Pelkey. He too took a demotion to go work for Hinsdale. In fact, Phillips told Pelky that if agreed to stay he would promote him from Corporal to Sergeant. Pelkey turned down the offer, the promotion, more money and took a demotion from Corporal to Patrolmen and went to work for Hinsdale. Turning down a promotion, turning down more money, he opted for a demotion, probably a reduction in pay and an even longer commute than Sepe because he lived in Richmond and would now have to travel to Hinsdale just because of his conflicts with Phillips.
Of course, Sepe and Pelkey both have made it known their feelings for Phillips and none of those feelings were of admiration.
So Phillips had a BIG PR problem. Phillips also has a BIG EGO PROBLEM.
He didn’t want the word to get out that his police department was in shambles due to his mismanagement, he could lose his job if he were to be found an incompetent. Lose his job, his benefits, his paycheck. MOTIVE to BREAK the LAW?
So when Phillips says there was no gain for him he lies again, his gain is to save face by hurrying up the process of getting Ammann or anyone else for that matter signed on as a full time officer to take the heat off himself.
Make himself look good, that he had things under control and it was no loss or big deal for Sepe and Pelkey to be gone. Save face, save his job, save his paycheck and pension.
That was the motive, the game that Phillips played.
He would get someone in there immediately even if that meant he would pay that someone out of his own pocket. Put into the proper order, in the proper sequence the reality is, it was Phillips who was desperate and the desperation came from his fear of being ridiculed for being a poor manager, a Chief who couldn’t run a police department and the loss of his own job because of his inadequacies.
The Town of Winchester was asked through simple RTK requests, to review the records to determine whether bonuses or other additional money given, as a bonus, to Ammann and others. They were asked to review simple records and give simple answers to questions asked. Something Tracy should have done.
For instance in an email to the Town dated 10/23/10:
“It is my understanding that when Eric Ammann was hired fulltime at the Winchester Police Department, the Town paid him a substantial sign on bonus.”
“Can you tell me specifically how much this additional salary cost the taxpayers?”
“I would also like to analyze the line item that shows this money being paid to him.”
“Who authorized this sign on bonus? Was this done by Selectmen’s vote? If so, can you tell me at what BOS meeting this vote took place during?”
Also, how much did Fred Ziegler or any of the other new police officers get for sign on bonuses and what line item was to record them?” Open link to see copy of document.
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In a response from Town Administrator Joan Morel dated 10/28/10.
“The Finance Department has looked into the financial, payroll and personnel files regarding your requests, and has reported back that the Town of Winchester as not authorized any sign-on bonuses for any member o the Police Department and there is no line item for this.” Open link to see copy of document.
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In an email back to Morel dated 10/29/10.
“I appreciate you getting back to me on this, but this information doesn’t make sense. I have come across public records where Gary Phillips stated he offered Eric a $2,000.00 sign on bonus, to offset his lose in benefits to go to the WPD full-time and that Eric accepted that offer.”
“There must be a record of this as taxes and pension contributions would e reflected in the payment.”
“Can you please re-check the records?” Open link to see copy of document.
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Then in an email dated 11/8/10, Morel writes back:
“This is written in response to both of your concerns, namely the gym memberships and sign-on bonus.”
“As explained in my email of 10/28/10, the Finance Department has looked into the financial, payroll and personnel files regarding your sign-on requests, and has reported back that the Town of Winchester has not authorized any sign-on bonuses for any member of the Police Department and there is no line item for this.”
“The Town of Winchester does not offer either sign-on bonuses or gym memberships. The Board of Selectmen reserves the right to make executive decisions if members feel an employee needs additional support.” Open link to see copy of document.
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In a response back to Morel in an email dated 11/10/10 whcih can be seen at the above link.
“Specifically, how much did the town pay for Eric Ammann’s gym membership or reimbursement, to whom it was paid and when was it paid.” See Link.
The response from Morel on 11/10/10, again the document cans be seen on the link above.
“Your request does not stipulate any particular governmental record, only questions to be answered. However, if you are referring to documentation regarding this request, the cost of three (3) pages copied is $1.50. Please remit that amount to the Town, and copies will be provided to you”See Link.
Then in yet another email dated 11/9/10 the Town is again asked, this time from a different requestor of information and is as follows:
“Have the selectmen authorized or approved any bonuses for Eric Amman? If so what are the dates and amounts of these bonuses?”
“Have the selectmen authorized or approved any payments or reimbursements to Eric Amann for the purpose of a gym membership?”
“Have any of the WPD employees or any other members of the Town’s employees been reimbursed or approved to receive any monetary or monetary equivalents above their budgeted salary and benefits as outlined in the budget?”
"If so, who made the authorizations? Were any votes taken and if so when? If so who received the benefit, date and purpose of benefit and what budget lines are these items charged to?”Open link below to see copy of document.
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Response from Morel on 11/10/10:
“Your request does not stipulate any particular governmental record, only questions to be answered. However, if you are referring to documentation regarding this request, the cost is .50 per page.”
“Requests about Eric Amman are reasonably described, and the three (3) pages will be copied for you at a cost of $1.50. Please remit that amount to the Town, and copies will be provided to you”
“Please be more specific about the rest of your questions so that we may estimate the cost involved and be of assistance to you.” See Link.
Was this more preferential treatment that Eric Ammann received, in the form of additional income, beyond what he got from Phillips? Was this additional income included by the Town when they reported his wages and earnings to the State and Federal Governments and to the retirement system?
The responses pretty well substantiate that the money that Ammann received for coming to the WPD full time didn’t come from the taxpayers, which substantiates the fact that the money did come from an outside source and gives credence to Ammann stating it came from Phillips personally. Which was exactly what was reported to the AG’s office and precisely what Phillips was questioned on by the AG’s office, to which Phillips admitted to Tracy he did in fact offer money to Ammann and that Ammann accepted that offer. This all acknowledged by the AG’s office in it’s own report that Phillips said he offered Ammann $2,000 and Ammann accepted the offer.
So in nutshell –
1.Phillips asked Ammann to come to the WPD to work full time.
2.Ammann said NO, he couldn’t afford to because of some benefit he was getting from SP.
3.Phillips, instead of taking "NO" for an answer, then offers Ammann $2,000 out of his own pocket to cover that loss if he agrees to immediately sign on with Winchester.
4. Ammann agrees to accept the new offer under the new terms and takes the $2,000 personal check from Phillips and immediately goes full time at the WPD.
5. Down the road, Ammann confesses to other officers about the incident and circumstances who in turn report the bribe.
6. The AG’s gets involved when they are made aware of the allegation, they question Phillips and Phillips admits to giving Ammann a $2,000 bonus and also admits that Ammann accepted it.
7. According to Tracy's report, Reppucci gets questioned and he tells Tracy he was told the money came from Phillips personally and not from the Town.
8. Tracy does nothing further. He doesn’t even question Ammann.
So the original allegation made against Phillips of questionable and illegal activity Phillips had engaged in when he offered his personal money to persuade a public official, Ammann, to come work for him has been established as an allegation based on truth and facts and that indeed money changed hands between the two of them for their own selfish gain.
Why didn’t Tracy go to the Town Hall office on August 26th, the day he was at the police department and ask to inspect the towns records? The same records that were requested through a RTK request. Mounting proof Tracy chose to ignore what he was told as there is no reason he would not have been able to access this same information himself through the AG’s office.
The records show no bonuses given – no sign on bonuses in the policy, none authorized by the BOS. How much clearer would it need to be?
No money exchanged between the Town of Winchester and Eric Ammann except budget approved weekly payroll.
Why didn’t Tracy ask to inspect Amman’s payroll records which we know show he didn’t receive any bonuses or sign on bonuses?
Why was Tracy so negligent in his investigation for Delaney's AG Office? What was his motive? Too much work, vacation schedule, incompetence or just a plain cover-up? There has to be a reason why Tracy just ignored this information of criminal activity between Phillips and Ammann.
From all the information presented to Tracy and here it’s pretty clear that Phillips admitted giving Ammann a couple thousand dollars and Ammann accepted it, in exchange for a full time position at the Town of Winchester PD.
Here’s the NH RSA under the Criminal Code for Corrupt Practices or to use a common phrase a “bribe” and the pertinent parts underlined and bolded.
TITLE LXII CRIMINAL CODE
CHAPTER 640 CORRUPT PRACTICES
Section 640:2
640:2 Bribery in Official and Political Matters.
I. A person is guilty of a class B felony if:
(a) He, promises, offers, or gives any pecuniary benefit to another with the purpose of influencing the other's action, decision, opinion, recommendation, vote, nomination, or other exercise of discretion as a public servant, party official, or voter; or
(b) Being a public servant, party official, candidate for electoral office, or voter, he solicits, accepts or agrees to accept any pecuniary benefit from another knowing or believing the other's purpose to be as described in subparagraph I(a), or fails to report to a law enforcement officer that he has been offered or promised a pecuniary benefit in violation of subparagraph I(a).
II. As used in this section and other sections of this chapter, the following definitions apply:
(a) "Public servant" means any officer or employee of the state or any political subdivision thereof, including judges, legislators, consultants, jurors, and persons otherwise performing a governmental function. A person is considered a public servant upon his election, appointment or other designation as such, although he may not yet officially occupy that position. A person is a candidate for electoral office upon his public announcement of his candidacy.
b) "Party official" means any person holding any post in a political party whether by election, appointment or otherwise.
(c) "Pecuniary benefit" means any advantage in the form of money, property, commercial interest or anything else, the primary significance of which is economic gain; it does not include economic advantage applicable to the public generally, such as tax reduction or increased prosperity generally.
Source. 1971, 518:1, eff Nov. 1, 1973.
RSA 640:2 confirms Phillips committed a class B felony when he promised, offered and gave Ammann a pecuniary benefit, in this case cash from his own pocket with the promise of a full time position with the WPD. Cash given for the sole purpose of influencing Ammann’s decision to immediately quit his job with State Police to come work for the him after Ammann told him he could not financially afford to immediately quit State Police and go to work at Winchester full time.
Another words Phillips cash payout can be construed as a cash bribe.
Under the same RSA Ammann committed a class B felony when he, being a public servant accepted and agreed to accept a monetary benefit from Phillips knowing that Phillips purpose for doing so was to sway Ammann to agree to be hired immediately. To make matters worse, Ammann, a sworn police officer who worked part time for 10 years and knew or should have known the statues, was obligated under the statute to report to a law enforcement officer that he has been offered or promised a pecuniary benefit in violation of the law.
Or, to be put into simple terms Phillips offered him a cash bribe to come to work for Winchester immediately and Ammann accepted it. Amman then kept quiet about for almost a year and half. He finally told other officer who in turn reported the bribe. The crime was then “officially” reported, but again not by Ammann. Up until now it’s been kept a pretty quiet secret and little was known about the truth surrounding the entire events. The story has now been opened up for public view.
Based on the email correspondence the Town has known about this for almost a year at minimum. Yet they continue to let Phillips run the show and do nothing to stop him, increasing day by day the liability that will eventually be paid to all those who seek justice and relief.
Those running around in Town Hall ought not to sit smugly in their arm chairs believing that they can't be found personally liable or that they are somehow protected by immunity. That might not be a defense when it can clearly be proved through documents that they have been notified numerous times over several years, warned and repeatedly asked to intervene and have continued to fail to do so.
And when is the FBI going to start investigating the corruption in this town and this state?
Tuesday, March 8, 2011
No Stone Will Be Left Unturned to get to the Truth and to Make Public the Truth
For the record, we want to make sure people reading this blog understand that we support Dan Reppucci in his endeavor to clear his name of any of the wrongdoing he has been accused of, by the Winchester Police Chief, Gary Phillips, his Lieutenant, Christopher Roberts with the help of Cheshire County Deputy Sheriff Kelvin Macie.
We do believe that Phillips was trying to set Dan Reppucci up and that he had an ulterior motive for wanting to effectively silence him by way of discrediting him and his actions.
We do believe that Phillips was going after Reppucci.
We do believe that Reppucci did have information about wrongdoing going on in the Winchester Police Department and that Reppucci was making complaints about those officers involved – Christopher Roberts and Nate Jette, in writing and to the Chief.
We do believe that Phillips refused to answer those allegations in a meaningful manner and instead made excuses time and again and over and over for those officers and then covered up their misdeeds.
The evidence is there to support that Dan Reppucci being questioned in a criminal investigation and not an internal investigation.
See Sheriff Foote letter on the matter.
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Sheriff Foote is very clear. Any internal investigation being conducted by his department or any member of his department was a figment of Phillips over active imagination and desire to thwart the truth.
The evidence is not there to support believing Phillips, Roberts and Jette.
Cops lie; they are an example of that.
We do plan on helping Dan Reppucci or anyone else who has a story to tell, get their story out.
No other explanation is needed, other than to say helping someone right a wrong, right an injustice, is the right thing to do.
Phillips has blatantly lied and contorted the truth and the circumstances surrounding the administrative suspension of Dan Reppucci and ultimately his termination from the Town of Winchester.
He did not have him terminated for no REAL or legitimate cause and was able to do so only by using his badge and position to fool those making decisions by taking advantage of their of understanding of the laws and how police investigations are conducted.
We wonder why Phillips never acted on the reports made to him by Reppucci.
We wonder why Deputy Sheriff Kelvin Macie, who was conducting a criminal investigation, didn’t stop his interview and interrogation of Reppucci, when at that exact time, Reppucci told him he was being targeted and wanted to speak with an attorney first.
We wonder why Macie thought it was OK to violate the Constitutional Rights of a Citizen when that citizen asked to speak with counsel prior to answering questions he was asking, as any citizen would have had the right to do.
This was a criminal investigation, for that purpose and that purpose alone, Reppucci was just an ordinary citizen, not a police officer, not an employee of the Town of Winchester, he was just a plain old citizen being questioned by a criminal investigator who was conducting a criminal investigation after a crime that Phillips reported that happened to have occurred where he worked.
We wonder why Macie thought he was so above the law, that he thought he could manipulate the facts and change circumstances, without any authority and without fear of getting caught.
We wonder why Macie didn’t just halt the questioning, stop the questions, postpone the interview then and there. As all police officers would have to do whenever a person they are questioning states they no longer wish to speak to them without first getting advice of counsel.
We wonder why instead, Macie threatened to get Phillips, Reppucci’s boss and then ultimately did. Since when does one’s employer get involved in outside police criminal investigations being conducted on one of it’s employees? Ever.
We wonder why Phillips then interjected himself into and got involved with a criminal investigation and then tried to manipulate an outcome by giving an order to cooperate, as if he had authority to do so.
Acriminal investigation being conducted at his request, after he reported a break in and theft at his office, in which Reppucci was now being questioned about, not by Phillips, but by an outside criminal investigator.
Citizens can’t be ordered to cooperate in crimainal investigations ever or by anyone.
If the police could order any of us at any time to cooperate and answer their questions, without regard to constitutional rights we would always be at that their mercy.
That’s why we looked upon as a civilized country with rules and laws.
One reason for so much case law in this country is because abuse of power (ie. Miranda v Arizona).
Didn’t Phillips say the purpose of calling in another agency was so that there would be no bias?
We then we wonder why Phillips didn’t allow Reppucci time to talk to an attorney.
We wonder why Phillips was so quick to suspend Reppucci, immediately and deny him what his very employment policy allowed for. Consultation with an attorney whenever there was a dispute involving an employee and charges levied against them by the department allowed for that opportunity even during internal investigations.
So no matter what kind of an investigation is going on an employee has rights, except if Phillips is calling the shots.
After all, according to Phillips and in his own words he immediately suspended Reppucci because he refused to obey a lawful order issued by a superior officer, (himself) and to immediately answer questions during an internal affairs inestigations after being given an Administrative Warning.
We wonder why Phillips lied about the fact that it was a criminal investigation and instead calls Macie’s criminal investigation an internal investigation.
The only logical purpose for that would be for being deceitful and for deceiving all involved, including the public.
Even the Winchester policy states that the only time or reason why an outside agency is called in is for criminal investigations.
So Phillips contradicts his own policies.
That was a complaint previously made by Reppucci about Phillips, that he was selective in his use and enforcement of Winchester Police Department Policy’s.
What harm to Phillips if he were being truthful and honest, to give Reppucci lets say a day, a week, a month whatever it took to go get advice from counsel when you were accusing him of doing something illegal and told him what the charges were?
Quite frankly it makes no sense.
We do believe the reason is because a lawyer would have pointed out that it wasn’t a lawful order, it wasn’t an internal investigation and requiring an employee to cooperate with criminal investigators investigation or lose their jobs is unlawful.
The reason for Phillips extreme behavior seems very simple, any attorney would have picked apart both Macie’s and Phillips actions and shenanigans and told them both, as well as their employers, in no uncertain terms they were violating the law and the constitutional rights of a citizen, among other things.
Starting with the bogus Administrative Warning document, on Sheriff’s Department Lettherhead, that a criminal investigator tried to use to get Reppucci to talk, even when he said he would but, not until he got advice from counsel.
An approved Sheriff’s Office Administrative Warning no less.
See link:
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhezyhhEhCNLO3Yx532HrUWfYYnr7DdDspYLKJyurYueTFHGBBsGaOIAp4AmABrxkUqKAMY3qxbkv8N-RMqqDSs7STi99j_AN5U1h4RodyvXlt89BjNXcQok7Uu4wiBPM7Ai3lCCzvQ-eQV/s1600/6a.jpg
Is the Sheriff’s Office now in the habit of a approving and creating Administrative Warnings for people who they are conducting criminal interrogations on?
What would be the purpose or point? The Sheriff’s Department has no control over an employer or an employee for that matter.
See link: about 7 lines down from top.
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEj8pH4BFYOl-CGWHfqD6Q3FKZ-kfPPhji2szKO3sZiuKTlm9-MRx6ydFKpN0GoIm-sywTLrq3iTmwWnlJDX8nLbKYs4GRH3LR3_jR553Jlcm7CAUCyYF1gvnImD5WrH-qoR3gWS_NFPrdNX/s1600/5.jpg
We don’t have to wonder why Phillips couldn’t follow the law or his policies or the town’s policies.
We don’t have to wonder why Phillips couldn’t tell the truth.
The truth would have hurt Phillips, that’s why Phillips couldn’t tell the truth.
Phillips would have had to explain why he let Roberts and Jette do as they pleased as they went about the business of not following policies, co-horting and plotting together to target other officers and then ultimately to cover up crimes for each other.
Now that the truth is coming out, Phillips will have to live with the consequences of the public knowing that he has lied, manipulated and cheated for the purpose of saving his own hide and the hide of his co-conspirators.
Phillips hasn’t given one shred of evidence to support that what he did was on the up and up and truthful and honest.
The evidence would support that he was on the up and up and there is absolutely no record or shred of evidence anywhere in support of him.
He entire story, presented at a termination hearing, Superior Court and Unemployment Hearing was all based on untruths, false accusations, mistruths, fabrications and manipulation of facts.
The evidence supports a Chief out of control, a Chief that is manipulative and more important, a Chief that feels entitlement and truly believes he is above the law.
Roberts and Jette are of the same caliber.
We do wonder why the selectmen after being approached and informed about the problems going in the police department did absolutely nothing to look into the matter or speak to the allegations that were being made.
But the absolute biggest question we have is, Why didn’t either Macie or Phillips record the entire interview and interrogation of Reppucci and the other Town employee,former Town Administrator Bob Gray to beign with?
Especially since Phillips has tried to portray that the recording procedure was common practice.
That really makes us question Phillips motives. Especially since Bob Gray’s testimony and Phillips testimony is contradictory to each other.
Why then for an investigation so important, in Phillips own words, he needed help in investigating it and sought assistance from the Cheshire County Sheriff’s Office, didn’t he ensure that there would be proof beyond doubt that he was protecting the rights of an employee and that he was committed to a truthful and transparent outcome in that investigation?
We do believe that Phillips was trying to set Dan Reppucci up and that he had an ulterior motive for wanting to effectively silence him by way of discrediting him and his actions.
We do believe that Phillips was going after Reppucci.
We do believe that Reppucci did have information about wrongdoing going on in the Winchester Police Department and that Reppucci was making complaints about those officers involved – Christopher Roberts and Nate Jette, in writing and to the Chief.
We do believe that Phillips refused to answer those allegations in a meaningful manner and instead made excuses time and again and over and over for those officers and then covered up their misdeeds.
The evidence is there to support that Dan Reppucci being questioned in a criminal investigation and not an internal investigation.
See Sheriff Foote letter on the matter.
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjGGm0ZAEZCkqSNfLuuxVMZbQ1xcClVhoDp2rax2WTbRiWogTIJZSJrAlDstDTEloZQlmZL1Y3WcOXO8cp9_cBopdFu4_9sZN9UR_XMhb8HPyMzHPwKnhCzNYMXR8IUJK9_wtZEgCZGzwLI/s1600/1.jpg
Sheriff Foote is very clear. Any internal investigation being conducted by his department or any member of his department was a figment of Phillips over active imagination and desire to thwart the truth.
The evidence is not there to support believing Phillips, Roberts and Jette.
Cops lie; they are an example of that.
We do plan on helping Dan Reppucci or anyone else who has a story to tell, get their story out.
No other explanation is needed, other than to say helping someone right a wrong, right an injustice, is the right thing to do.
Phillips has blatantly lied and contorted the truth and the circumstances surrounding the administrative suspension of Dan Reppucci and ultimately his termination from the Town of Winchester.
He did not have him terminated for no REAL or legitimate cause and was able to do so only by using his badge and position to fool those making decisions by taking advantage of their of understanding of the laws and how police investigations are conducted.
We wonder why Phillips never acted on the reports made to him by Reppucci.
We wonder why Deputy Sheriff Kelvin Macie, who was conducting a criminal investigation, didn’t stop his interview and interrogation of Reppucci, when at that exact time, Reppucci told him he was being targeted and wanted to speak with an attorney first.
We wonder why Macie thought it was OK to violate the Constitutional Rights of a Citizen when that citizen asked to speak with counsel prior to answering questions he was asking, as any citizen would have had the right to do.
This was a criminal investigation, for that purpose and that purpose alone, Reppucci was just an ordinary citizen, not a police officer, not an employee of the Town of Winchester, he was just a plain old citizen being questioned by a criminal investigator who was conducting a criminal investigation after a crime that Phillips reported that happened to have occurred where he worked.
We wonder why Macie thought he was so above the law, that he thought he could manipulate the facts and change circumstances, without any authority and without fear of getting caught.
We wonder why Macie didn’t just halt the questioning, stop the questions, postpone the interview then and there. As all police officers would have to do whenever a person they are questioning states they no longer wish to speak to them without first getting advice of counsel.
We wonder why instead, Macie threatened to get Phillips, Reppucci’s boss and then ultimately did. Since when does one’s employer get involved in outside police criminal investigations being conducted on one of it’s employees? Ever.
We wonder why Phillips then interjected himself into and got involved with a criminal investigation and then tried to manipulate an outcome by giving an order to cooperate, as if he had authority to do so.
Acriminal investigation being conducted at his request, after he reported a break in and theft at his office, in which Reppucci was now being questioned about, not by Phillips, but by an outside criminal investigator.
Citizens can’t be ordered to cooperate in crimainal investigations ever or by anyone.
If the police could order any of us at any time to cooperate and answer their questions, without regard to constitutional rights we would always be at that their mercy.
That’s why we looked upon as a civilized country with rules and laws.
One reason for so much case law in this country is because abuse of power (ie. Miranda v Arizona).
Didn’t Phillips say the purpose of calling in another agency was so that there would be no bias?
We then we wonder why Phillips didn’t allow Reppucci time to talk to an attorney.
We wonder why Phillips was so quick to suspend Reppucci, immediately and deny him what his very employment policy allowed for. Consultation with an attorney whenever there was a dispute involving an employee and charges levied against them by the department allowed for that opportunity even during internal investigations.
So no matter what kind of an investigation is going on an employee has rights, except if Phillips is calling the shots.
After all, according to Phillips and in his own words he immediately suspended Reppucci because he refused to obey a lawful order issued by a superior officer, (himself) and to immediately answer questions during an internal affairs inestigations after being given an Administrative Warning.
We wonder why Phillips lied about the fact that it was a criminal investigation and instead calls Macie’s criminal investigation an internal investigation.
The only logical purpose for that would be for being deceitful and for deceiving all involved, including the public.
Even the Winchester policy states that the only time or reason why an outside agency is called in is for criminal investigations.
So Phillips contradicts his own policies.
That was a complaint previously made by Reppucci about Phillips, that he was selective in his use and enforcement of Winchester Police Department Policy’s.
What harm to Phillips if he were being truthful and honest, to give Reppucci lets say a day, a week, a month whatever it took to go get advice from counsel when you were accusing him of doing something illegal and told him what the charges were?
Quite frankly it makes no sense.
We do believe the reason is because a lawyer would have pointed out that it wasn’t a lawful order, it wasn’t an internal investigation and requiring an employee to cooperate with criminal investigators investigation or lose their jobs is unlawful.
The reason for Phillips extreme behavior seems very simple, any attorney would have picked apart both Macie’s and Phillips actions and shenanigans and told them both, as well as their employers, in no uncertain terms they were violating the law and the constitutional rights of a citizen, among other things.
Starting with the bogus Administrative Warning document, on Sheriff’s Department Lettherhead, that a criminal investigator tried to use to get Reppucci to talk, even when he said he would but, not until he got advice from counsel.
An approved Sheriff’s Office Administrative Warning no less.
See link:
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhezyhhEhCNLO3Yx532HrUWfYYnr7DdDspYLKJyurYueTFHGBBsGaOIAp4AmABrxkUqKAMY3qxbkv8N-RMqqDSs7STi99j_AN5U1h4RodyvXlt89BjNXcQok7Uu4wiBPM7Ai3lCCzvQ-eQV/s1600/6a.jpg
Is the Sheriff’s Office now in the habit of a approving and creating Administrative Warnings for people who they are conducting criminal interrogations on?
What would be the purpose or point? The Sheriff’s Department has no control over an employer or an employee for that matter.
See link: about 7 lines down from top.
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEj8pH4BFYOl-CGWHfqD6Q3FKZ-kfPPhji2szKO3sZiuKTlm9-MRx6ydFKpN0GoIm-sywTLrq3iTmwWnlJDX8nLbKYs4GRH3LR3_jR553Jlcm7CAUCyYF1gvnImD5WrH-qoR3gWS_NFPrdNX/s1600/5.jpg
We don’t have to wonder why Phillips couldn’t follow the law or his policies or the town’s policies.
We don’t have to wonder why Phillips couldn’t tell the truth.
The truth would have hurt Phillips, that’s why Phillips couldn’t tell the truth.
Phillips would have had to explain why he let Roberts and Jette do as they pleased as they went about the business of not following policies, co-horting and plotting together to target other officers and then ultimately to cover up crimes for each other.
Now that the truth is coming out, Phillips will have to live with the consequences of the public knowing that he has lied, manipulated and cheated for the purpose of saving his own hide and the hide of his co-conspirators.
Phillips hasn’t given one shred of evidence to support that what he did was on the up and up and truthful and honest.
The evidence would support that he was on the up and up and there is absolutely no record or shred of evidence anywhere in support of him.
He entire story, presented at a termination hearing, Superior Court and Unemployment Hearing was all based on untruths, false accusations, mistruths, fabrications and manipulation of facts.
The evidence supports a Chief out of control, a Chief that is manipulative and more important, a Chief that feels entitlement and truly believes he is above the law.
Roberts and Jette are of the same caliber.
We do wonder why the selectmen after being approached and informed about the problems going in the police department did absolutely nothing to look into the matter or speak to the allegations that were being made.
But the absolute biggest question we have is, Why didn’t either Macie or Phillips record the entire interview and interrogation of Reppucci and the other Town employee,former Town Administrator Bob Gray to beign with?
Especially since Phillips has tried to portray that the recording procedure was common practice.
That really makes us question Phillips motives. Especially since Bob Gray’s testimony and Phillips testimony is contradictory to each other.
Why then for an investigation so important, in Phillips own words, he needed help in investigating it and sought assistance from the Cheshire County Sheriff’s Office, didn’t he ensure that there would be proof beyond doubt that he was protecting the rights of an employee and that he was committed to a truthful and transparent outcome in that investigation?
Monday, February 21, 2011
See How Lt. Roberts Gets Nate Jette to do his dirty work.
Photograph of Officer Breau's open locker - photo taken by Roberts and Jette.
Photograph of Officer Breau's weapon in his locker - photo taken by Roberts and Jette.
Rather than just close and lock Breau's unlocked locker, Roberts makes a big deal about it and goes and gets Jette.
More behavior reminiscent of grade school antics that would get someone to the Principles office and not get someone a raise.
Jette's accounting to Detective Sgt Reppucci is accurate and clear.
There is a video tape from the surveillance system at the Police Department. You can see that it records the moves of Roberts, including when he comes back with Jette and brings the camera and pictures are taken.
Roberts was going after Breau and he used Jette to get there.
Why take pictures? Unless of course there was an ulterior motive.
Phillips condoned Roberts behavior and then rewarded him with a promotion.
Phillips is too incompetent to run a police department.
Roberts past problems in Hinsdale are now our problems in Winchester.
Is Roberts ego so big that he has to undermine people and attack them in order to feed it?
Where does he stop?
What more will we find out about?
What else is Phillips keeping from us and how much do the Selectmen know about?
What else has Phillips hid? What lies and deceit does he cover up?
How much have the Selectmen tried to find out about?
We can no longer afford these Renegade, Robo cops in our town. They are costing us day in and day out.
If this is normal for a police department we need to get rid of them all, then do psyche tests on a brand new set of cops.
Part of the requirement to get hired and get the benefits we work so hard to pay out would be to pass that test and have integrity.
It never stops being amazing what is going on there behind closed doors.
It's time to VOTE for change.
