The following article from the Keene Sentinel, reports Superior Court Judge John P Arnold has announced that he is retiring from his bench in short order.
Lots of information has been swirling about in the media lately, with bits and pieces filtering out to the public and letting us know that there are many problems embed in the judicial system in the State of NH.
Some of that information swirls around the Cheshire County Superior Court. Is it possible that his retirement could have anything to do with some of that?
Such as the activity at the NH Redress Committee and some of the contentious judicial decisions around the State and in Cheshire County that are coming under scrutiny for the first time? Judicial decisions some of which were made under the watch of Arnold.
Judicial decisions reported by those having been dealt first hand blows by a judicial system, whose Judges and Marital Master’s all too often prefer to violate individual constitutional rights and the law in favor of rubber-stamping documents and rubber-stamping lives?
Decisions that have sent some to researching the laws and pounding the keyboard, sending petitions to the NH Redress Committee with the purpose of changing a system that is broke down? People who are fed up with a system that promotes the status quo and are willing to speak out against it?
Could these be reasons?
See link for the Petitions to the NH House for Petitions: http://www.timothyhorrigan.com/documents/2011.house-petitions.html
Dr. David D. Vandenberg is one such person and his case is heard in Cheshire County Superior Court and his 1st Petition to the Redress Committee was accepted May 10, 2011. These bad judicial decisions have promised nothing but increases in Redress Petitions in the future and increased scrutiny those judicial decisions will be forced to bear.
And excerpts from the meeting minutes at which his Petition was accepted:
“Rep. Jeffrey Oligny appeared next (on behalf of Dr. David D. Vandenberg) with a grievance against a Superior Court justice allowing a guardian ad litem to move the court, failing to provide due process or findings of harm, and other complaints related to this case. Rep. Tucker asked what the proposed remedy would be. Rep. Oligny responded that there should be an investigation and then appropriate action to instruct the Attorney General to prosecute the guardian ad litem, for kidnapping, remove the guardian ad litem, and amend the statutes. Rep. Mirski asked if redress could find its own remedy, and Rep. Oligny responded that it could. Rep. Mirski moved to accept the petition, seconded by Rep. Tucker. Chairman O'Brien said that people lose cases every day, but there are increasing numbers of allegations of misconduct and lack of due process. We need to look into these cases. Rep. Oligny added that we need to separate being unhappy with an outcome or being denied due process. The committee then voted 7-2 to accept the petition.”
For full text see link: http://www.timothyhorrigan.com/documents/house-rules.110510.html
Then there was the Thomas Ball self-immolation that brought close to home, in a startling manner, yet another example of a court system that doesn’t function as it’s intended use, but instead treats individuals more like state owned property to discard at will when no longer useful for the initial intended purpose.
Thomas Ball’s self-immolation occurred in front of the Cheshire County Superior Court House, just a few months ago, his case heard and held at Cheshire County Superior Court over the course of years. John P Arnold, presiding justice of Cheshire County Superior Court during this time.
Thomas Ball making the final statement - "Done being bullied by the legal system for being a man". No reason to disbelieve him. Lots to show he was onto something. Maybe this has something to do with Arnolds decision to retire?
Then there is the ban on cameras at the courthouse and on the heels of that decision to ban cameras and devices with video recording capabilities from Keene's Court buildings, Arnold announces his retirement.
Maybe Arnold's decision to retire is the scrutiny he is sure to come under for his part in enacting this order. Come on now, pleeeease, no more audio and/or video gets back to the public, audio and video that forces these people to explain their actions and justify their salary? To be accountable for their actions and their words and so the public doesn't get to see what their tax dollars pay for or don’t pay for?
Here is an excerpt from the order:
"This Order is meant to apply to the facts and circumstances at the district division of the 8th Circuit in Keene. In recent months certain members of the public have caused disruptions of the court’s ability to conduct business in Keene. In addition to their refusal to abide by court rules related to the conduct of trials and conduct in the courtroom in general, these members of the public have also congregated in the court’s lobby for extended periods of time making it difficult for other members of the public to conduct business with the court and, in particular, creating conditions and disturbances which have obstructed court staff from performing their duties in an orderly way. Additionally, these members of the public have, on occasion, accosted the presiding judge as he enters and leaves the building in which the court is housed, creating an atmosphere of hostility and intimidation and a legitimate fear for the safety and well-being of the judicial and nonjudicial staff at this court."
“…it is the duty and responsibility of courts to be alert to protect the judicial processes from being brought into disrepute and to act vigorously when confronted with acts or conduct which tend to obstruct or interfere with the due and orderly administration of justice…” it is ordered as follows:
"No cameras or audio equipment may be used at any time in the court’s lobby or anywhere in the public area of the court’s leased premises; ….. "
See link for full text of Administrative Order: http://www.courts.state.nh.us/circuitcourt/adminorders/AdministrativeOrderCircuitCourt-2011-03.pdf
Watch the following videos for possible insight and motivation on a ban of video cameras in the Cheshire County Courts.
Watch Youtube and Talley.TV links to see why it’s important to get rid of this order sooner rather than later.
Watch Youtube: http://www.youtube.com/watch?v=J5TCnMnCwVY
And watch and hear how Ed Burke, Judge in Keene District Court gets angry in court when someone doesn't sit fast enough for him. You be the judge was it a situation of someone being disrespectful or someone confused as to whether they should sit or whether they should stand because their name was called? What would you have done? What would you have felt like if a judge started screaming at you and threatening you under the same circumstances? Would you have thought the judge was right? Would you have just said well I guess I did not understand but it’s OK that he was mad? I think, most likely not. Aren’t there rules of conduct for judges defining proper judicial demeanor? Actually, Arnold refers to that very thing in one of the links below.
And then there is this video, again with Burke:
http://www.youtube.com/watch?feature=player_embedded&v=vfle5NEPo58
Watch and hear, start to finish, as Ed Burke, again a Judge in Keene District Court, misuses his power by lying to bailiff's and has someone arrested for criminal threatening. The charges based on Burke's own lies of events that he said just occurred. The video shows that the events didn't transpire in the manner in which he relayed to the bailiff's, nor was there a threat, let alone a criminal threat. How can that be? How can someone get arrested on a made up, trumped up lie by somone in power, just because they can and they don't like you? At worst, Burke should have kept his mouth shut and walked to his office silently, at best he could have been courteous and said it's not up for discussion. To lie and get caught on the video in a lie, well it makes you wonder what the real motivation is for banning the ability to record, now doesn’t it?
Then we have Arnold videos: http://talley.tv/judge-arnold-enforces-decorum-strongly-threatens-talley-tv-and-causes-disruption-of-court-proceedings/
It will certainly be interesting to see how that order CO-EXISTS with the US Court of Appeals recent ruling on citizen’s rights to film their government in action.
It will be interesting to see how the Redress Committee handles that Petition. Violation of State laws and the publics Right to Know as well as Freedom of Speech. Out os control? Or protection for those in the wrong.
Speaking of which, maybe it’s the recent ruling from the United States Court of Appeals, First Circuit. No. 10-1764, just a few weeks:
"...though not unqualified, a citizen's right to film government officials, including law enforcement officers, in the discharge of their duties in a public space is a basic, vital, and well-established liberty safeguarded by the First Amendment." First Circuit Court of Appeals. [Source See 1st District US Court of Appeals - 10-1764 Sect: II,A,2]
Finally, a clear-cut ruling, that states it's OK to record and videotape government officials, including law enforcement while they are performing their duties as servants of the taxpayers, without fear of retribution or having their equipment taken away illegally. Yes that is right, they are there to serve the public's needs, not their own. Imagine, what a concept.
Then again, maybe none of the above has anything to do with Arnold’s retirement. Maybe it has to do with the NH Supreme Court’s decision, less than a year ago, where Arnold was challenged for violating both the State and Federal Constitution when an individual was convicted, in his courtroom, of Two Felony Charges that were essentially the same charge, Arnold violating the Double Jeopardy Clause of BOTH Constitutions, that done after it had been brought to his attention prior to the trial. Surely, Arnold knows of Constitutional Rights, doesn't he? Or does he?
Time and again we are taught not to question authority. These are the reasons why we should.
From the NH Supreme Court decision:
"Before trial, the defendant moved to dismiss these charges on the ground that to prosecute him for both violated his right to be shielded from multiple punishments for the same offense under the Double Jeopardy Clauses of the State and Federal Constitutions."
"In sum, we hold that it violated the Double Jeopardy Clause of the State Constitution for the defendant to have received punishments for both …….."
For full text see link: http://www.courts.state.nh.us/supreme/opinions/2010/2010107farr.pdf
Or, maybe it’s none of any this so called nonsense, which is what SOME would like ALL of us to buy into and believe.
Maybe none of these reflection’s are relevant and maybe it’s just coincidence and maybe Arnold just happened think that this was just a really great time for him to sit back, collect his pension, relax and reminisce on his career.
We may never know, but we’d like to think it’s the scrutiny that helped to make the decision, in any case, we thank all who continue to participate in fighting for what is right and just.
And here’s the Sentinel article:
Posted: Friday, September 9, 2011 4:04 pm
Cheshire County judge announces retirement Copyright 2011 The Keene Sentinel SentinelSource.com
Longtime Cheshire County Superior Court Judge John P. Arnold has announced his plan to retire. A news release from court officials follows:
CONCORD, September 9, 2011 -Superior Court Judge John P. Arnold, the presiding judge in Cheshire County, is retiring in November after more than 18 years on the bench. Following his retirement, he will be available to sit as needed as a senior status judge.
Judge Arnold was nominated to the court in November 1992 by then Gov. Judd Gregg and began his service on the court in January 1993. Before joining the court, Judge Arnold served for four years as New Hampshire Attorney General.
"It has been an honor for me to serve the people of New Hampshire , as attorney general, and as a Superior Court judge," Judge Arnold said. "I want to thank my colleagues, the attorneys who appeared in front of me, and especially the court staff who gave me their support over all these years. I look forward to a continuing association with the Superior Court, as a senior status judge, if my help is needed," he said.
Supreme Court Chief Justice Linda Stewart Dalianis described Judge Arnold as an "excellent trial judge who will be sorely missed" at both the Cheshire County Superior Court in Keene, and nearby at the Sullivan County Superior Court in Newport, where he has regularly presided at court proceedings over the years.
"I have known Judge Arnold since the days when we were growing up in the Peterborough area," the Chief Justice said. " I have great personal and professional regard for him and I hope he will give us as much time as he can as a senior status judge."
By executive order, a Judicial Selection Commission interviews applicants for judgeships and then sends recommendations to the governor for consideration. The Governor's appointments to the court are subject to confirmation by the Executive Council, after a public hearing.
http://sentinelsource.com/news/local/cheshire-county-judge-announces-retirement/article_7b7546a0-db1f-11e0-9397-001cc4c002e0.html
Saturday, September 10, 2011
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, June 14, 2011
What was Cheshire County Deputy Sheriff Kelvin Macie Thinking???????? I Swear, I Swear, I Swear under Oath I told the Truth…….I just had to keep changing the story when the questions got harder? Was he thinking – after all I don't have to worry about being Caught lying – I’m a Cop – EVERYONE WILL BELIEVE ME?
12 Bogus, trumped up and untrue Administrative Charges - most a duplication to make it look more complicated and make it appear Reppucci was a serious threat to the Town and Police Department.
The only people Reppucci was a threat to was Phillips, Roberts and Jette and exposing their crimes and unethical activity to the public.
Now that we have more information, like reports for the Cheshire County Sheriff's Office and the AG's Office, it's easy to see why Phillips had to scramble to make up a story about Reppucci, based on nothing more than his fear of getting caught, punished and ridiculed.
Too bad the CC Sheriff's department and NH AG's helped to cover up Phillips acts.
If Macie knew his testimony was not supported by documents, including his own document - his police report, why did he Alter the Truth when he testified?
What was Cheshire County Deputy Sheriff Kelvin Macie Thinking? That he was better than the rest of us? Immune from breaking laws? Protected because of his badge? Protected by Phillips? Why and How? Macie was a seasoned cop - he knows the law - or should.
Was it Kelvin Macie's job to get involved in a criminal investigation as he was directed to do or was it to get involved in a scheme Phillips was putting together to oust some of the cops in his department?
After all, The good cops who were exposing the corruption Phillips and Roberts were wallowing in and covering up.
Just for your clarification - Macie - your testimony isn't supported by documents and facts.
A glaring discrepancy:
Macie, in case you missed it - because we haven't - Your boss – the Sheriff of Cheshire County, Dick Foote – states in a letter that YOU NEVER conducted any Internal Investigations at the Town of Winchester. He also makes it clear that you were well aware of that fact.
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Just to make things easier and to clarify for Macie -His boss - Dick Foote was very clear when he wrote – no one from the Sheriff’s Department conducted ANY investigations at the Town of Winchester – EXCEPT the criminal investigation you conducted.
Interestingly Macie, His letter (Your boss Foote's) - And your report (presumably in your words) both state and inform the reader you were there (in the Town of Winchester) for the sole purpose of conducting a Criminal Investigation.....
This AFTER – Gary Phillips reported to your boss - Foote - a Break-In AND Theft at the Winchester Police Department – specifically occurring in his (Phillips) office.
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Which interestingly, you state in your report you found no evidence of having occurred.
So why were you deceptive in your testimony? Why evasive?
Why didn’t you just testify to the simple truth as it was written? Why not testify in simple accurate, clear concise sentences instead of sounding like you are covering something up just as you were?
Why did you testify first that you were conducting an internal investigation, when asked by Erik Moskowitz, Atty for the town and then later testify that you weren't?
Why did you testify that you were there to investigate an internal matter and then testify that you weren't there for that purpose?
Why did you confuse your story and testify that you were there to conduct a criminal matter that led into an internal matter?
Why were you so deceptive and misleading? What were you hiding? What are you still hiding?
You could have testified to the truth such as:
1. I was sent to Winchester to investigate a crime reported by the chief – Gary Phillips.
2. I was there to conduct that criminal investigation and I was in fact conducting that criminal investigation.
3. No! I was not there to conduct an internal investigation. It started as a criminal investigation and it ended as a criminal investigation. You can't mix investigations anyway - besides I was not the employer. I was called in after a crime was reported to our department.
4. It was my job to investigate whether a crime occrred or not. Nothing more, nothing less.
5. If during the course of my investigation I had evidence to support a crime occurred that would have been in my report and an arrest would have been made based on that evidence.
6. Phillips reported that his office was broken into and that some documents were stolen and I was there to investigate if that did or did not happen.
7. No. There was no evidence a crime had occrred.
8. I interviewed a few people but there was no evidence a crime was committed and my job was done.
9. Under NH State and the US law – since this was a criminal investigation - no one was obligated to answer ANY of my questions AND yest it is correct, if someone or anyone or everyone chose to first speak to an attorney they were well within their legal right to do so and I was obligated to not interfere with that constitutional right as I was a criminal investigator conducting a criminal investigation.
10. So yes it is true since Reppucci wanted to speak with an attorney first he was absolutely protected under the constitution and entitled to and I was obligated to not stand in his way.
11. As Reppucci stated to me he was being targeted for temination by Phillips. He didn't trust Phillips. He told me he felt Phillips and Roberts were going to try to pin something on him and since this was a criminal investigation – when Phillips ordered Reppucci to cooperate and ordered him to answer my questions - I informed Phillips that it would violate Reppucci's Constitutional Rights if I kept questioning him, so I choose to stop the questioning at that point to allow him the opportunity to speak with an attorney as he requested.
12. Had I not done that I would have violated his Constitutional Rights under Miranda because I was investiating a crime and I was conducting a criminal investigation and I was a criminal investigator.
13. It is correct that continuing to question him would have been the same as violating any other persons right to Miranda.
14. If His boss, Phillips, wanted to question him independantly as his employer he had every legal right to do so.
15. No, Phillips never questioned him himself. He only "ordered' that Reppucci answer my questions in my criminal investigation, which I already testified Reppucci had a right to not answer at that time.
16. The only investigation that I am aware Reppucci did not cooperate in was the criminal investigation that I was conducting.
17. To my knowledge Phillips was not conducting his own Internal Investigation on the matter.
18. Garrity has no bearing, nor does it protect any individual as far as criminal investigations go.
19. Garrity only applies when your boss or the company you work for is doing their own investigation.
20. For instance, your employer sells TV's and 2 are missing. They suspect two employees. They start an investigation, let everyone involved know it is an internal investigation, give a Garrity Warning which simply states that they will not use that information in any criminal proceeding.
21. At the conclusion of the investigation the company finds that the 2 employees stole the TV's. It is now their option how they wish to handle it.
22. Yes they can fire them, forgive them or call in the authoriteis to report the theft. But in any case the internal investigation would have nothing to do with us.
23. No you can not lump a criminal investigation and internal investigation together. That is why they are called by different names. They have different consequences and diferent outcomes.
How come your testimony sounds nothing like this? Testimony which would have been and is supported by your police report, in your own words?
Your testimony changes frequently, you only think, as opposed to know what you are investigating and why. You only think as opposed to know many things which can be construed as interfering with facts.
How simple, clean and straightforward your testimony could have been, but more important – it would have stuck to the facts of the documents in the case – police reports and a letter from the Sheriff, information that can be verified and validated.
Hmmmmm………so it comes down to covering up the fact that you not only botched an investigation you violated the rights of a citizen in the process and apparently did so willingly and intentionally as you changed your story and testimony.
A good reason to try to cover your tracks or in police business what they like to say – A MOTIVE to commit a crime?
Perjury is a crime. Macie, did you know perjury is a crime?
