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Showing posts with label Dan Valenti. Show all posts
Showing posts with label Dan Valenti. Show all posts

Probation Chief's Kin Gets Preferential Treatment in 'Hit-and-Run' Case

Courtroom Cover-Up: Nilan 'Hit-and-Run' Hearing Closed to Public
Pittsfield's GOB Democrats Protecting Their Own
Hearing Date Kept Secret -- Patronage Appointee Speranzo Presiding
Probation Chief Nilan 'Pulling Strings' AGAIN?


by G.M. Heller
Published: Saturday, January 14, 2012

PITTSFIELD -- "The date of that hearing is not being made public," according to blogger Dan Valenti referring to the magistrate's hearing in the case involving Meredith Nilan, 24, a risk assessor at Berkshire Bank and daughter of Superior Court probation chief Clifford J. Nilan, alleged to be the driver of an SUV involved in a hit-and-run accident that severely injured a local jogger, Peter Moore, and tore fur from Moore's dog.

The accident left Moore broken and bleeding on a neighborhood street in Pittsfield the evening of December 8, 2011 (see below for a list of Moore's reported injuries detailed by blogger Valenti).

Writing in this past Thursday's (January 12) edition of PlanetValenti.com, Valenti also reports that the court hearing, which will determine whether a criminal complaint should issue against Ms. Nilan, "apparently, will not be open to the public."

According to Valenti, the Pittsfield Police Department took more than a month to issue a citation against Ms. Nilan for the accident that took place along Winesap Road not far from where the subdivision road meets East Street. The citation is dated January 10, 2012; the alleged hit-and-run occurred December 8, 2011.

> Clifford J. Nilan, chief probation officer, Berkshire Superior Court, alleged owner of SUV involved in hit-and-run that severely injured jogger Peter Moore and his dog early in the evening December 8, 2011. >

According to The Berkshire Eagle, the accident vehicle, a 2001 Subaru Forester, is registered to Ms. Nilan's father, Clifford J. Nilan, whose official title is Chief Probation Officer for Berkshire Superior Court Probation Department in Pittsfield.

In 2010, Mr. Nilan, was one of those investigated by the Massachusetts Probation Department in the 'pay-for-play' scandal alleging improprieties, patronage hiring, and other irregularities in MPD under the administration of longtime commissioner, John J. O’Brien.

According to The Eagle's published report from November 11, 2010 written by reporter Conor Berry, Mr. Nilan was "admonished for mishandling the case of Angelo C. Stracuzzi, the former CEO of Greylock Federal Credit Union."

Berry wrote: "The Supreme Judicial Court appointed Paul F. Ware, a high-profile Boston attorney, to lead an independent probe of the (probation) department after a May (2010) report by the Boston Globe (Spotlight Team) uncovered alleged improprieties in the Probation Department."

In a statement issued at the time by the Mass. Probation Department and reported in The Eagle, MPD's investigators wrote: "The (Stracuzzi) case was misclassified and did not follow probation standards, which require avoidance of any actions that suggest or imply a lack of impartiality and avoidance of any conflict of interest."

Berry reported: "Stracuzzi resigned from the Pittsfield-based (Greylock Federal) credit union in June (2010) after The Eagle exposed his criminal background and personal and professional relationship with (Clifford J.) Nilan, a member of Greylock's board of directors while Stracuzzi was on probation with Nilan's department."

Berry also wrote: "Although Nilan was reprimanded for failing to follow proper protocol, state Probation Department officials in Boston declined to divulge details of his punishment, which they stated remains a confidential personnel matter. Nilan is still employed by the Massachusetts Trial Court."

According to Berry, "Following a review of Stracuzzi's case, which was transferred from Maine to Berkshire Superior Court in 2005, probation officials now acknowledge the case 'was not handled in compliance with the practices, policies and guidelines of the Office of the Commissioner of Probation.'"

< Meredith Nilan, alleged driver in hit-and-run that severely injured jogger Peter Moore and his dog early in the evening December 8, 2011; daughter of Berkshire Superior Court probation chief Clifford J. Nilan .

Fast forward 13 months to January 2012 and Clifford J. Nilan, referred to by blogger Valenti as a Pittsfield "Good Ol' Boy," is back in the news, apparently taking "actions that suggest or imply a lack of impartiality" and failing yet again to avoid appearance "of any conflict of interest," this time in a matter closer to home -- literally -- involving his eldest daughter and a vehicle registered to him alleged to have struck a pedestrian before speeding off.

This past Thursday, January 12, PlanetValenti.com reports:
"(Meredith) Nilan was cited with two misdemeanors. A clerk magistrate will conduct a hearing to determine if there’s enough evidence to charge Ms. Nilan. Clerk Mag (sic) of the Central Berkshire District Court -- Superior Court -- is none other than Chris 'No Show' Speranzo. As you recall, this was one of the scenarios outlined as a concern when No Show quit as state rep to walked into a stacked vote to receive his lifetime $110,000 job: That he would be a GOB friend on the inside for just such situations, that is, if the GOBs needed a favor from inside the courts. THE PLANET is not suggesting that Speranzo is incapable of making an honest and fair judgment. He should understand, though, that all eyes will be upon him to render justice, not inside favors, for the daughter of a GOB’s GOB. The magistrate will determine if there is enough evidence to send it to trial. If not, it just goes away, no harm, no foul."

> Christopher N. Speranzo, newly-appointed Clerk Magistrate, Central Berkshire District Court in Pittsfield; a Democrat patronage appointee of Gov. Deval Patrick. >

Valenti goes on to report:
"(Meredith) Nilan’s father is Central Berkshire probation chief Clifford 'Cliffy' Nilan. THE PLANET considers instructive this piece of recent local history: When (Clifford) Nilan learned that his buddy, then president of Greylock Federal Credit Union, Angelo Stracuzzi, had been arrested in July 2005 on consecutive days, charged by Biddeford, Maine, police with four counts involving the molestation of teenage boys, (Clifford) Nilan said and did nothing, either as an officer of the court or as a member of the Greylock board. (Clifford) Nilan said nothing. We know this from the testimony of Greylock VP John Bissell. Bissell said when the story broke and — as far as we know, continues to say — that for five years, the Greylock Board had no idea their chief had become embroiled in scandal."

Valenti then poses this question, "Did Nilan use his influence to obtain favorable ..... treatment for a friend?"

Valenti lists what he alleges are "facts" in the case alleging Meredith Nilan's hit-and-run:
-- "Police issued a criminal citation for two misdemeanors: leaving the scene of a personal injury accident and negligent operation of a motor vehicle."
-- "Moore lost a large amount of blood, a broken leg, broken vertebrae, bruises, trauma to the left side of his body, a concussions (sic), and cuts all over his body. In short, he suffered catastrophic injuries. This was no brush-by, oops, sorry, see ya’ later. A man was almost killed."
-- "Though Ms. Nilan was the driver, her father owns the car. A Pittsfield detective source tells THE PLANET that 'charges could be coming against [Cliff Nilan]. Ms. Nilan’s lawyer, Tim Shugrue (former candidate for District Attorney), admits that his client and her father went back to the scene of the accident, looking for evidence." Valenti poses what he calls a "fair question": "Did they remove, alter, hide, or in any other way tamper with evidence?"

Valenti asks more questions: "As reported by the Berkshire Eagle, photos of the vehicle showed a head-sized hole in the windshield and dents in the hood. (Clifford J.) Nilan called police at 9:30 on the night of Dec. 8, 90 minutes after the accident. He told them his daughter hit 'either a dog or deer.' Why did he make that phone call? Ms. Nilan is of age. She holds a responsible job. She’s an adult. Why didn’t she get on the blower to speak to the police? Was she too discombobulated? Was she too upset? Was she too inebriated? Was she too used to daddy cleaning up her messes? Was it something else?" asks Valenti.

Valenti asks: "Was there alcohol involved? It has been reported that Ms. Nilan’s speeding, northbound car 'swerved' into the southbound lane. Is 'swerve' code for DUI? That same evening, Dec. 8, Berkshire Young Professionals, a sub-group of the Berkshire Chamber of Commerce, had a 'Networking Social' at Allium Restaurant in Great Barrington. Was she drinking? The social has listed hours of 5 to 7 p.m. The accident occurred that night at about 8:15 p.m. Have police interviewed people who were there?"

Valenti: "The police account of the accident and Ms. Nilan’s differ in many respects. She says it occurred at 9 p.m. Police say 8:15. She says it took place on East Street and McIntosh Road. (Berkshire Blog editor's note: The Eagle reports "Meredith Nilan told police she was on her way to meet her boyfriend for dinner about 9 p.m., when she hit either a dog or deer near the intersection of Winesap Road and McIntosh Drive.") Police found no evidence there. Moore, the victim, said it happened at the corner of East and Winesap. There, police found lots of blood and some dog fur. Who is telling the truth?" asks Valenti.

One thing Valenti forgets to mention is that The Nilan residence is just down the street from where Mr. Moore and his dog had their alleged run-in with the Nilan's SUV; it's a neighborhood where Meredith Nilan has been raised for the past 22 of her 24 years.

According to Yahoo! Maps, the distance from The Nilan's driveway to the spot where Mr. Moore and his dog were allegedly struck by the Nilan SUV going north (traveling at what Mr. Moore said was "a high rate of speed" and swerving) measures approximately o.2 miles -- 1,056 feet -- a spanse that takes just 20.6 seconds to cover at 35 miles-per-hour.
SEE: Yahoo! Map showing site of alleged hit-and-run involving Nilan SUV relative to location of the Nilan residence.

To the list of facts and questions posed by Mr. Valenti, add the following observation: The Nilans have lived at their Winesap Road address for more than 22 years, moving in when daughter Meredith was about two years old. Ms. Nilan has therefore grown up in this small neighborhood, a subdivision known as 'The Orchards'.

As such, the lady likely knows the neighborhood as well as anyone else who's lived in The Orchards for over two decades.

Ms. Nilan’s statement to police that she believed she "hit either a dog or deer," when in fact it was a dog and a man, could be construed as de facto admission by Ms. Nilan that she was, for as yet unexplained reasons, impaired and highly disoriented that night.

What factors caused Meredith Nilan to be in such condition at quarter after 8 on a Thursday eve? <<<<<

SEE:
"MORE QUESTIONS RAISED IN MEREDITH NILAN HIT-’N-RUN CASE"
by Dan Valenti, PlanetValenti.com, January 12, 2012.
ALSO SEE:

"Alleged: Pittsfield Probation Chief's SUV in Hit-and-Run; Daughter a Suspect"
by G.M. Heller, Berkshire Blog, January 08, 2012.

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Reprinted from The Berkshire Eagle:

Police connect SUV to hit-and-run accident

By Andrew Amelinckx, Berkshire Eagle Staff
Wednesday, January 11, 2012

PITTSFIELD -- Police say they have connected an SUV owned by the county's chief probation officer and driven by his daughter to a hit-and-run accident last month that seriously injured a man jogging with his dog on a city road.

Police believe Meredith Nilan was heading north in her father Clifford Nilan's 2001 Subaru Forester on Winesap Road the evening of Dec. 8 when she swerved into the southbound lane and struck Peter Moore, who was headed north, according to a Pittsfield Police accident report.

"We have a driver, we have a victim and we have a vehicle," said Pittsfield Police Capt. John Mullin.

A criminal citation for two misdemeanors -- leaving the scene of a personal injury accident and negligent operation of a motor vehicle -- were lodged against Meredith Nilan in District Court.

The case will go before a clerk magistrate for a show-cause hearing to determine if there's enough evidence to charge Meredith Nilan. If no probable cause is found, the charges would be dismissed. If probable cause is found, a court arraignment would take place. The hearing date, as well as the hearing itself, is not public information.

Nilan's and Moore's accounts of where and when the accident took place on Winesap Road differed, but police determined Moore's description of the accident site was correct. Police used a search warrant to inspect the car during their investigation.

About 8:15 p.m. on Dec. 8, Peter Moore was hit by a car while jogging with his dog on Winesap Road near East Street. He suffered a fractured calf bone and a broken vertebrae, a bruised colon, trauma to the left side of his body, a concussion, and abrasions "from head to toe."

Meredith Nilan told police she was on her way to meet her boyfriend for dinner about 9 p.m., when she hit either a dog or deer near the intersection of Winesap Road and McIntosh Drive.

Her attorney, Timothy J. Shugrue, said on Friday that she isn't sure what she hit and that she went back to the site with her father, but they couldn't find any evidence of what she may have hit. Clifford Nilan later called police to report the accident.

The intersection where Meredith Nilan told police she struck something is south of where police say they found a large amount of blood and dog fur and where Moore said he was struck by a vehicle traveling at a high rate of speed. Moore was unable to give a description of the vehicle that hit him.

Moore walked home and went to bed without reporting what happened. Early the next morning, he went to Berkshire Medical Center where he was treated for his injuries and released nearly a week later.<<<<<

SEE:
'Police connect SUV to hit-and-run accident'
by Andrew Amelinckx, The Berkshire Eagle, Wednesday, January 11, 2012

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Write to G.M. Heller at editor@berkshirerecord.com

Police Union Prez' Emailed 'Threat' May Violate Fed Laws

Allege: Pittsfield Police Conduct Records Search on Journalist Without 'Probable Cause'

by G.M. Heller
Published: April 2, 2011 06:30AM


Pittsfield, Massachusetts -- A top union official in the local that represents the City of Pittsfield's police officers and police administrative personnel recently sent an email to union 'rank and file' containing what could be construed as a warning and threat of retaliation if any member were found passing along embarrassing departmental information to journalists investigating the scandal-plagued police department.

This comes in the midst of an investigation by a multi-agency federal task force looking into alleged widespread use in Pittsfield of anabolic steroids, the illegal doping drug favored by body-builders.

A probe, acknowledged to be "ongoing" by a U.S. Postal Inspection Service information officer in Boston (with agents of the U.S. Drug Enforcement Administration allegedly participating), has resulted in at least one Pittsfield Police Department detective and one Massachusetts State Police trooper being temporarily re-assigned.

Marc Maddalena, president of Local 447 of the International Brotherhood of Police Officers (an affiliate of the Service Employees International Union), which local also calls itself the Pittsfield Police Patrolman’s Union, acknowledges in an online comment posted April 1st to sending the recent email message "to my fellow officers and civilian staff".

Officer Maddalena further admits in his comment that in fact he "did ask them to stop talking to people like Mr. Valenti" (the reference to 'people like Mr. Valenti' apparently referring to anyone engaged in investigative journalism).

But, claims union president Maddalena, "not becaue their (sic) is a cover up going on, but simply because whoever is providing this information is not someone partaking in the investigation and thus is spewing information without all of the facts causing more harm than good and distrust within the comunity (sic) needlessly."

He goes on, "When the investigation is complete the facts will be brought forward and people can develop their opinions then. I am disappointed in the person providing incomplete information as I believe anyone would be. That is all."

Local journalist Dan Valenti, on his Web site PlanetValenti, claims to have obtained a copy of the Maddalena email, and describes the document, saying "It basically warns members to shut the heck up and don’t speak to Valenti. You get caught speaking to Valenti, you’re busted."

Mr. Valenti went on to explain, "We’re exaggerating our paraphrase here for effect. There were members who did not appreciate getting scolded."

Those union rank and file to whom Mr. Valenti refers apparently have good reason not to appreciate 'getting scolded'.

That's because the content of union president Maddalena's admitted email communication to union members, especially if it contains the warning and implicit threat Mr. Valenti claims, likely violates sections of not less than three separate federal statutes.

The specific laws applicable to a union official making specific or implied threats to rank and file in order to intimidate individual members either from exercising their right of free speech, and/or right of association, and/or from going public with information of suspected governmental wrongdoing, include the 'Wagner Act' aka 'National Labor Relations Act', the 'Labor-Management Reporting and Disclosure Act of 1959', and of more recent vintage, the 'Whistleblower Protection Enhancement Act of 2007'.

Dan Valenti, Publisher, PlanetValenti.com

What's more, Officer Maddalena's apparent disregard for federal statutes is not limited just to ignoring the laws governing labor relations and whistleblowers.

Officer Maddalena, who serves as a uniformed officer in PPD's Patrol Division, also appears to have difficulty complying with Constitutional guarantees set forth in the Bill of Rights.

It was Officer Maddalena himself, in a comment the union president posted March 31st onto PlanetValenti, who reminded Mr. Valenti that indeed he should remember just who Officer Maddalena is.

That's because Officer Maddalena says he once stopped Mr. Valenti in downtown Pittsfield for what appears now to have been a minor traffic violation, so minor in fact that, according to Mr. Valenti, no ticket was ever issued!

Here is Officer Maddalena's description of that first encounter with Mr. Valenti, followed by Mr. Valenti's own recollection:
Officer Maddalena: "Mr. Valenti, I am an officer with the PD and the union president. You know who I am because I have stopped you for a motor vehicle infraction before on North St.".
Dan Valenti: "As to the matter of 'You know who I am because I have stopped you for a motor vehicle infraction before on North St.', officer Maddalena has the advantage. The Planet doesn’t know who he is because of this. We couldn’t pick him out of police lineup. Here are the facts, which we have no problem sharing. The Planet was stopped (guessing six years ago) by a patrolman in a squad car as we traveled east on Linden Street taking a left to go north on North Street. We assume that is officer Maddalena’s reference, since we have never been stopped downtown otherwise. The Planet is one of the world’s safest drivers, you see. Ask Mrs. Planet. The patrolman stopped us and said we went through a red light. We didn’t. The light was green, turned yellow in the middle of our turn, and red by the time we got safely onto North Street. After we discussed his version versus mine, a most professional and cordial conversation, he decided not to issue a ticket. In other words, he agreed we were right — no violation. Glad to clarify. We remember the officer for his professionalism and politeness."

Now does Officer Maddalena seriously expect the public, reading his own words on PlanetValenti, to swallow the line that he remembers a name, face, and uneventful traffic stop from more than half a decade earlier involving a greying middle-aged driver to whom he did not issue a citation?

Or is it more likely that Officer Maddalena, having heard of, or read, the various insider revelations pouring forth lately from Mr. Valenti's computer keyboard onto the Planet Valenti web site relating unsavory goings-on within the Pittsfield Police Department, simply decided either on his own or with the aid of others in the department -- with no probable cause whatsoever to believe that Mr. Valenti had engaged in any sort of criminal act -- to do a little research, detective work, to scope out just who is this fellow Dan Valenti?

It would appear that without probable cause, and in direct violation of Mr. Valenti's Fourth Amendment right against illegal search and seizure, Officer Maddalena ran Mr. Valenti's name through the police department's computer database in order to see just what could be discovered about Mr. Valenti and his sources of information.

What Officer Maddalena apparently found was information about one lone traffic stop sometime about six years ago for which no ticket issued. <<<<<

The following are excerpted comments posted to PlanetValenti on the thread dated March 31st:

From:
Marc Maddalena
March 31, 2011 at 5:48 pm

Mr. Valenti,

I am an officer with the PD and the union president. You know who I am because I have stopped you for a motor vehicle infraction before on North St. I would like you and everyone to know that we support both officers Mchugh and Ofc Kirchner fully. Both are highly respected officers within the department as a result of their work ethic and commitment to their fellow officers and their community. Despite what many, including you, may think these officers have provided a great service to this city over the years that has gone unnoticed as it does for all our officers except amongst each other. If only this city had an idea of what really takes place out there. The only source of information, the Eagle, barely scratches the surface of the incidents this department responds to. Over 40,000 calls for service a year and over 1400 arrests.

In regards to our Chief Michael Wynn, this union is also in full support of him and his ability to run this department. We have complete confidence in our chief and his ability to CONTINUE to take our department in a positive direction as he has done since taking over. Again, all going unnoticed since it does not sell papers or is not “Sexy” enough for your blog.

This department is made up of many incredible men and women who start their work days by putting on a bullett (sic) proof vest and no matter what you or anyone else says or may think of any of us, if you ever have to dial those three numbers…..We will always be there and it will go unnoticed.

Respectfully,
Ofc Marc Maddalena
President, IBPO 447
Pittsfield Police Patrolman’s Union

----------------------------------------------------
From:
Marc Maddalena
April 1, 2011 at 6:43 am

Sir,

The Pittsfield Police Union, since I have been at the head, is not against drug testing by any means. As firefighter Bartini stated, it has to be negotiated into the contract and has been on the table each time the last three one year contracts that I have been apart of. However, due to the economics of the city, the negotiations have been a quick 1%, 1 year deal with the hopes of expanded negotiations and a longer term deal that very well could include a form of random drug testing. I speak for all of my officers when I tell you that we are not against random drug testing.

In regards to my email to my fellow officers and civilian staff. I did ask them to stop talking to people like Mr. Valenti not becaue (sic) their (sic) is a cover up going on, but simply because whoever is providing this information is not someone partaking in the investigation and thus is spewing information without all of the facts causing more harm than good and distrust within the comunity (sic) needlessly. When the investigation is complete the facts will be brought forward and people can develop their opinions then. I am disappointed in the person providing incomplete information as I believe anyone would be. That is all.

And thank you to all who do support your civil servants of this community. I cannot express how much we all appreciate it.

Ofc Marc Maddalena

-----------------------------------------
From:
danvalenti
April 1, 2011 at 12:35 pm

The Planet got word of the e-mail President Maddalena sent to the members immediately after it was sent … well almost. We were a step ahead (though we admire the move by Ofc. Maddalena in trying to head that off from the pass in his second letter to this website) and 15 steps ahead of the BB. The memo quotes from The Planet’s reportage. It basically warns members to shut the heck up and don’t speak to Valenti. You get caught speaking to Valenti, you’re busted. We’re exaggerating our paraphrase here for effect. There were members who did not appreciate getting scolded. Despite what some may want to say, The Planet isn’t manufacturing any of this. We are reflecting what’s going on in the department. We are neutral. Mirrors don’t make judgments.

---------------------------------
From:
GMHeller
April 1, 2011 at 12:48 pm

Mr. Valenti,
Is there any state or federal law that addresses union officials ‘warning’ union members not to engage in free association and/or free speech under ‘threat’ of union punishment?
In other words, is it even legal for a union official to make threats of that nature?
If possible, please publish on your Web site the email you received (redacting, of course, any information that would identify from whom you received this document.

----------------------------
From:
danvalenti
April 1, 2011 at 1:19 pm

Don’t know.
Also, I wouldn’t classify the union head’s communication with the members as a “warning” with a “threat.” It was a request for all troops to lower the Blue Curtain by stop talking to the press.

----------------------------
From:
GMHeller
April 1, 2011 at 2:00 pm

Understood, but you, yourself, construed that email as saying that “It basically warns members to shut the heck up and don’t speak to Valenti,” as you so succinctly stated above.
No doubt your source for the email also construed it similarly (otherwise why bother forwarding it to you).

----------------------------
From:
GMHeller
April 1, 2011 at 2:02 pm

And you further paraphrase the email as saying,“You get caught speaking to Valenti, you’re busted.” You don’t consider that giving a warning and making a threat of retaliation in the event that warning is not heeded?

----------------------------
From:
danvalenti
April 1, 2011 at 2:07 pm

I won’t characterize it other than what I’ve written.

----------------------------
From:
GMHeller
April 1, 2011 at 2:48 pm

Mr. Valenti,
Please post the wording of the email so that your readers can decide for themselves whether there was a warning and/or threat implied in this email from local union officials to union members specifically not to exercise their free speech rights.
Thank you. <<<<<

-------------------------------

Write to G.M. Heller at editor@berkshirerecord.com

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