May 25, 1994

CONTE SAYS ALLEGATIONS ARE "POLITICAL'

Emilie Astell; Telegram & Gazette Staff

WORCESTER - District Attorney John J. Conte said yesterday that allegations he violated state election laws were politically motivated to discredit him in his re-election campaign.

"The allegations are very political and have no substance," Conte said. He declined to elaborate.

State police are investigating accusations against Conte by Lt. John V. Dunn, former chief police investigator for the state police Crime Prevention and Control unit assigned to Conte's office. Earlier this month, Dunn requested a transfer from the post and accused the district attorney of pressuring subordinates to support Conte's re-election bid.

Lt. Col. Francis Riley, who is in charge of the investigation, declined to comment on the probe.

Dunn was officially transferred yesterday to the state patrol's "I" troop in Boston. He is to report to work Sunday, according to Trooper James Harrington of "I" troop's South Boston headquarters.

FACES OPPOSITION

Conte, a Democrat and former state senator, has never faced opposition for re-election during his 18-year tenure as district attorney. This year he is being challenged by Worcester lawyer Brian J. Buckley, running as an independent.

Buckley has picked up endorsements from police officers in more than a dozen communities in Worcester County.

In his letter to Conte, Dunn said he was requesting a transfer because of the district attorney's "apparent lack of confidence" in his leadership ability.

Dunn, who said he supports Conte's re-election, wrote that he believed Conte's assessment of him was based on how much political support he could garner for Conte among Worcester CPAC members.

Dunn accused Conte of failing to understand that each officer of the Worcester CPAC unit is an individual with political convictions and/or personal reasons to support or not support Conte.

Dunn said he was unable and unwilling to change those convictions by use of Conte's "implicit or explicit threats of transfer or sanction."

Dunn has been replaced by Detective Capt. Nelson N. Ostiguy and Lt. James M. Fitzgerald. Neither Ostiguy or Fitzgerald could be reached for comment yesterday.

May 13, 1994
NEW CPAC HEAD TO CONDUCT REVIEW OF UNIT'S OPERATION

 Gary V. Murray; John J. O'Connor; Telegram & Gazette Staff
 
WORCESTER - The new chief police investigator for the District Attorney's office will begin an immediate review of the Crime Prevention and Control unit and forward his recommendations to state police headquarters.

State Police Detective Capt. Nelson N. Ostiguy has been assigned to run the CPAC office, replacing Lt. John V. Dunn, who requested a transfer. Dunn on Monday asked District Attorney John J. Conte for the transfer, citing the DA's "apparent lack of confidence" in his leadership ability and accusing Conte of pressuring subordinates to support his re-election bid.

State police spokesman Joseph Howley said, "Ostiguy will review the office and if there is any needed action to be taken, Ostiguy will inform the colonel (Col. Charles F. Henderson, state police commander) and the colonel will make an appropriate decision.

"I cannot speculate what changes Ostiguy would want, but it is almost standard operating procedure" that a new commander would review the whole unit he is taking over, Howley said.

Ostiguy, who joined the state police in 1968, will run the CPAC office with Lt. James M. Fitzgerald, who has been on the force since 1971. Both men have had extensive experience with crime investigations, Howley said.

Fitzgerald yesterday said that "everything seems fine" at the CPAC office. He said that if Dunn is needed for an investigation he previously worked on, he will be called in.

"I'm sure the district attorney will use whoever he feels he needs in an investigation," Fitzgerald said.

Dunn has been temporarily assigned to state police headquarters in Framingham.

In his resignation letter to Conte, Dunn wrote that "unfortunately, your measurement is based on my ability, or lack of same, in amassing political support among the members of Worcester CPAC, rather than the performance of those officers, both on a daily basis and in critical situations such as the recent Mortell homicide."

PRESSURE DENIED

Conte yesterday declined to comment on specifics of Dunn's allegations, other than to again deny that he pressured state police officers under his command to support his re-election campaign.

Conte also said that he did not expect Dunn's departure to have a negative effect on any current investigations or cases that are being readied for trial.

"I am pleased with Captain Ostiguy and I think that with his long years of experience, we'll have absolutely no problems," he said.

Howley said yesterday that Henderson met with Conte on Wednesday and later with the 20 members of the CPAC office to announce the changes.

He said he had no idea why Henderson had moved so quickly on the transfer request.

Meanwhile, Brian J. Buckley, who is running against Conte as an independent candidate in the November election, said yesterday that he has requested the state Attorney General's office and the Office of Campaign and Political Finance to investigate Dunn's allegations.

Spokesmen for the two offices said policy does not allow them to confirm or deny that an investigation is under way.

Holden Police Chief Charles R. Hicks said he did not expect Dunn's transfer to have any effect on the prosecution of three men charged with the shooting death of Paxton Police Chief Robert J. Mortell.

"I really don't have any inclinations to doubt the leadership abilities of John Conte. He's the man in charge down there," Hicks said. He noted that most of the investigative work in the case has been completed.

Sources told the Telegram & Gazette that there has been a lack of support for Conte's re-election bid among members of the CPAC office. The situation was evidenced by the fact that few CPAC officers attended a recent Conte fund-raising event.

The sources also said there has been dissatisfaction among CPAC members over Dunn's leadership of the unit and the district attorney's backing of the CPAC commander when conflicts arose.

May 12, 1994

CONTE DENIES POLITICAL PRESSURE

Shaun Sutner; Telegram & Gazette Staff

SPENCER - District Attorney John J. Conte, in town yesterday to accept an award for contributing to a fund for bullet-proof vests for police, denied charges that he pressured state police officials under his command to support his re-election campaign.

The Telegram & Gazette reported yesterday that Lt. John V. Dunn, Conte's chief police investigator, has accused the district attorney of pressuring subordinates to support his campaign. In a letter to Conte, Dunn requested a transfer from the elite Crime Prevention and Control unit he heads. He accused Conte of lack of confidence in him because of a failure to line up political support.

Conte, who Tuesday denied Dunn's allegations through a spokeswoman, said in response to a reporter's questions yesterday that "any decisions were made strictly on a personnel basis. My only concern is that ... CPAC provides a proper and adequate level of protection for the citizens of the middle district.

"There were no political considerations at all," Conte said. "The only thing I was concerned with here were personnel matters."

Conte also issued a press release yesterday reiterating what he had said during his appearance in Spencer. "As district attorney, my involvement with the personnel problems in the state police CPAC unit attached to the district attorney's office was to ensure that the unit operate at the highest professional level possible," the statement said.

Conte declined to comment on his campaign, saying his appearance in Spencer was unrelated to his bid for re-election.

Conte, 63, is facing political opposition for the first time in his 18 years in office. His opponent in the November election is Worcester lawyer Brian J. Buckley, a former assistant district attorney who is running as an independent. "PERILS OF INCUMBENCY'

Yesterday, Buckley asked the state Ethics Commission and Attorney General Scott Harshbarger to investigate Dunn's allegations.

"These are serious allegations, which undermine the confidence of the public in law enforcement agencies and the judicial system," Buckely said in a statement.

"If the allegations are proven, they demonstrate one of the perils of long-term incumbency: the belief of career politicians that public employees have a duty to assist them to remain in office."

Yesterday, Spencer Police Chief Thomas P. Shamshak presented Conte with an award of appreciation for donating $5,000 last month to a private effort to buy vests and semiautomatic handguns for the Police Department.

The fund-raising drive, spearheaded by several Spencer police officers, has netted more than $11,000 in less than two months. In addition to Conte, contributors have included local businesses and individuals and Spencer firefighters. A dozen vests and 15 pistols have been ordered.

Richard Duckett of the Telegram & Gazette staff contributed to this report.

May 11, 1994

CPAC HEAD RAPS CONTE \ ASKS TRANSFER, SAYS DA PUSHED UNIT FOR

Dianne Williamson; Telegram & Gazette Columnist

 
WORCESTER - District Attorney John J. Conte's chief police investigator wants out of the elite CPAC unit and has accused Conte of pressuring subordinates to support his re-election bid.

Lt. John V. Dunn, head of the state police Crime Prevention and Control Unit assigned to the DA's office, sent Conte a letter Monday in which he requested a transfer due to Conte's "apparent lack of confidence" in Dunn's leadership ability.

"Unfortunately your measurement is based on my ability, or lack of same, in amassing political support among the members of Worcester CPAC, rather than the performance of those officers, both on a daily basis and in critical situations such as the recent Mortell homicide," Dunn wrote in his letter, obtained yesterday by the Telegram & Gazette.

THREAT OF TRANSFER

"Your contention that I have had enough time to "get (my) people in line' politically, under threat of transferring "the whole unit if necessary' is not recognizant of the fact that each officer assigned to Worcester CPAC is an individual with his or her own political convictions and or personal reasons to support or not support your candidacy for office," Dunn continued.

"While I have personally supported your campaign for re-election, I am both unable and unwilling to change those convictions by use of your implicit or explicit threats of transfer or sanction."

Conte would not answer any questions yesterday about Dunn's allegations. But through his new press secretary, Polly Pruneau, he issued the following statement: "A decision was about to be made involving internal personnel matters only and did not involve any political considerations."

CONTE SUPPORTER

Dunn's letter is stunning due to the nature of the allegations and the fact that the CPAC commander had been a loyal soldier and supporter of Conte for many years. If Dunn's claims are true, the district attorney may have violated several state ethics and conflict-of-interest laws, including the statute that prohibits public employees from using their position to secure unwarranted privileges.

Campaign finance laws are also in place to protect public employees from being coerced into supporting a political candidate.

Conte has been dismayed by the lack of political support among his 20-member CPAC unit, the secretive state police group assigned to his office to investigate major crimes throughout Worcester County. Invitations to a $100-a-plate Conte fund-raiser in March attracted less than a handful of CPAC members, Dunn among them.

CRITICAL OF DUNN

Conte summoned current and former CPAC members to his office in recent days to ask about the lack of support and about problems within CPAC, sources said. They said several of those questioned had expressed dissatisfaction with Dunn, a CPAC member for 13 years. When Dunn heard about the meetings he confronted Conte, sources said.

Dunn declined to comment when reached at the CPAC office yesterday.

Conte, 63, faces political opposition in November for the first time in his 18 years in office. Local lawyer Brian J. Buckley has announced he will run as an independent in his effort to unseat the DA.

URGES INVESTIGATION

Yesterday, Buckley called for an investigation into Dunn's allegations.

"From what I understand, these are serious allegations," Buckley said. "They may constitute criminal or ethical violations. The only option of the incumbent DA ... is to join with me in demanding an investigation of Lt. Dunn's allegations. To do otherwise is to ignore his responsibility as our county's chief law enforcement officer."

Dunn met yesterday with Lt. Col. Francis Riley, head of the state police division of investigation and intelligence. Riley would only say that he plans to discuss the matter with Col. Charles F. Henderson, commander of the state police.

State police regulations prohibit state police from requiring any state employee to contribute to or assist a political campaign.

May 15, 1994

CPAC TO FILE DATA ON CONTE


Richard Nangle; Telegram & Gazette Staff
 
WORCESTER - Members of the State Police Crime Prevention and Control Unit in Auburn have been ordered to turn in statements detailing possible violations of election law made by Worcester District Attorney John J. Conte.

"We're classifying this as a gathering of information. We're not saying it's an investigation," state police spokesman Joseph Howley said yesterday.

"We'll make a decision after it's completed on whether this goes any further and where it goes," Howley said.

Conte has been under fire since the disclosure last week that Lt. John V. Dunn had asked for a transfer out of the CPAC unit he headed. In a letter to Conte asking for the transfer, Dunn cited the DA's "apparent lack of confidence" in his leadership and accused Conte of pressuring subordinates to support his re-election effort.

Howley said Lt. Col. Francis D. Riley, commander of the division of investigations and intelligence based at state police headquarters in Framingham, ordered the CPAC statements as a result of Dunn's charges.

Howley said if necessary, the state Ethics Commission and/or state Office of Campaign and Political Finance will be asked to investigate.

Dunn has charged that Conte, a Democrat, threatened to transfer the entire CPAC unit if it did not get behind his re-election campaign.

FIRST CHALLENGE

For the first time in his 18-year career, Conte is being challenged. Brian J. Buckley, a Worcester attorney, is running as an independent and will face Conte on the November ballot. Buckley said last night he has asked the Office of Campaign and Political Finance and Attorney General Scott Harshbarger to investigate "all of the allegations raised in the letter of Trooper Dunn" and issues raised by the Telegram & Gazette.

The allegations against Conte come at a time when Buckley's campaign is gaining momentum. He has been endorsed by Shrewsbury, Westboro, Northboro and Grafton police, along with Fitchburg City Councilors David LeBlanc and Herman Bourque.

Lt. Edward L. Shead of the Northboro police was quoted in The Boston Globe yesterday as predicting that the momentum against Conte throughout the law enforcement community will continue.

Buckley echoed that feeling, saying more police endorsements are in the works.

"I think what we've seen are the first stones of the avalanche," he said.

Riley said yesterday the incident is an embarrassment to the state police.

In response to Dunn's letter, Conte said last week, "There were no political considerations at all. The only thing I was concerned with here were personnel matters."

Dunn has been reassigned to the Bureau of Investigative Services at state police headquarters. His CPAC replacements are Capt. Nelson N. Ostiguy and Lt. James M. Fitzgerald.

In reference to allegations against Conte, Howley said that in his 11 years in the state police public affairs office, "Nothing on the order of this has happened before."

"It happened and changes were made and things go on," he said.

June 2, 1994

CONTE SAYS TROOPERS EXONERATED HIM

Gary V. Murray; Telegram & Gazette Staff

WORCESTER - District Attorney John J. Conte said yesterday it was his understanding he had been "completely exonerated" by three state troopers he was alleged to have pressured for re-election support.

Lt. John V. Dunn, former head of the State Police Crime Prevention and Control unit assigned to Conte's office, had said recently that Conte pressured CPAC officers for re-election backing and had threatened to seek transfers for those who did not comply.

Conte has denied the allegations and has described the charges as politically motivated. He said in a press release yesterday that he understood three troopers he was accused of pressuring had filed reports clearing him of wrongdoing.

The reports, written at the request of Col. Charles F. Henderson, state police commander, indicated Conte "applied no pressure or threats of any kind," according to Conte's release. Conte said he had not been given copies of the troopers' reports and would not say how he knew their contents.

"He said I pressured these people. They said I didn't. That's pretty simple," Conte said of Dunn's charges. "I'm not a pressure-type person. Never have been. This is ridiculous." He called Dunn's allegations "a real red-herring issue.

"This politically motivated matter, based on the reports, should end. Hopefully, the campaign for district attorney will rise to a higher level of real issues," Conte said in his release.

Henderson said Tuesday the troopers' reports had been turned over to Attorney General Scott Harshbarger's office for review. The attorney general's office does not confirm or deny investigations, according to a Harshbarger spokesman.

Henderson could not be reached by telephone yesterday and Trooper Larry Gillis of the state police public affairs unit said neither he nor Henderson would comment on Conte's claims or the contents of the troopers' reports.

Conte, a Democrat who has been in office for 18 years, is being challenged by Worcester lawyer Brian J. Buckley, who is running for district attorney as an independent candidate.

Told of Conte's press release yesterday, Buckley questioned how the district attorney would know about the troopers' reports.

"I am surprised and dismayed that the district attorney claims access to information that is confidential to the rest of the public," Buckley said. "How does he know he was exonerated? How does he know the scope of the investigation?

"It is my understanding that the only parties who know the scope of the investigation and any possible findings ... are the people who conducted that investigation. It seems to me with this press release that all those parties should take a good long look at how the subject of the investigation claims access to its alleged findings and its alleged scope," Buckley said.

Dunn made his allegations last month in a letter to Conte in which he asked for a transfer because of what he described as Conte's "apparent lack of confidence" in Dunn's leadership abilities. Dunn went on to say in the letter, copies of which were obtained by the press, that Conte's assessment of him was "based on my ability, or lack of same, in amassing political support among the members of Worcester CPAC."

June 28, 1994

TROOPER TO TALK ABOUT DA TACTICS

Emilie Astell; Telegram & Gazette Staff

 
WORCESTER - At least one state trooper is to be questioned today by the Office of Campaign and Political Finance in a continuing probe of allegations that the district attorney pressured staff members to support his re-election bid.

The questioning is taking place at the state police headquarters in Framingham, according to a trooper who said he has been asked to appear there. The trooper spoke on condition of anonymity, citing the possibility of repercussions.

The questioning follows allegations by the former head of District Attorney John J. Conte's investigative unit, who sought and received a transfer after saying he and other troopers had been pushed for their political backing.

Conte said he had done nothing wrong. Earlier this month, he said three troopers assigned to the Worcester Crime Prevention and Control unit had denied he had acted improperly. Conte did not return telephone messages left yesterday at his home and office.

Conte, a Democrat who has been the district attorney for 18 years, is being challenged by Worcester lawyer Brian J. Buckley. Buckley is running as an independent in the race, which has been marked by tough statements on both sides.

Buckley has called for Conte's resignation if the allegations of political pressure are true. Such pressure would be a violation of state conflict-of-interest rules.

Conte has said that Buckley himself appears to have violated state election laws by allowing three Shrewsbury police officers to sell tickets to a campaign fund-raiser.

James O'Reilly, spokesman for the state Office of Campaign and Political Finance, said he could neither confirm nor deny that questioning would take place. He declined to comment on whether the office is investigating allegations against either Buckley or Conte. Sgt. Joseph Howley, a state police spokesman, said he knew nothing of any questioning.

The campaign controversy arose after Lt. John V. Dunn, who had been in the Worcester CPAC unit for 13 years, requested a transfer. He now works out of South Boston.

Dunn said the district attorney had threatened to transfer the entire CPAC unit if it did not support his re-election bid. In a letter to Conte, he said Conte apparently had lost confidence in him. "Unfortunately, your measurement is based on my ability, or lack of same, in amassing political support among the members of Worcester CPAC, rather than the performance of those officers," Dunn wrote.

August 5, 1994

DA CLEARED OF ELECTION ILLEGALITIES


Emilie Astell; Telegram & Gazette Staff
 
WORCESTER - Worcester District Attorney John J. Conte has been cleared of an allegation that he pressured state troopers assigned to his office to support him in the upcoming election in violation of state law.

The case was closed this week by the state Office of Campaign and Political Finance.

"Based upon our review of this matter, we have concluded that there is no reason to believe that you have violated the campaign finance law," OCPF Director Mary F. McTigue said in a letter to Conte.

The allegation that Conte violated state law surfaced in May when Lt. John V. Dunn, a state trooper formerly assigned to the Worcester Crime Prevention and Control unit, requested a transfer. Dunn accused the district attorney of pressuring subordinates to support Conte's re-election campaign.

Conte has maintained his innocence, at one point saying he had been exonerated by three troopers assigned to the Worcester CPAC.

"We are pleased with the result from Campaign and Finance, in that it reaffirms our original position and exonerates us," Conte said yesterday.

Conte, a Democrat, is running for re-election in the Middle District. He is challenged by independent Brian J. Buckley, a Worcester lawyer.

Buckley, who had called for Conte's resignation if the allegation were true, said yesterday that the OCPF decision is a matter between Dunn and Conte. He had not read the decision and did not know if it would affect the November election.

In a letter to Conte, Dunn said he was making the transfer request because of the district attorney's "apparent lack of confidence" in him.

"Unfortunately," Dunn wrote, "your measurement is based on my ability, or lack of same, in amassing political support among the members of Worcester CPAC, rather than the performance of those officers, both on a daily basis and in critical situations such as the recent (Paxton Police Chief Robert J.) Mortell homicide."

Dunn is now assigned to a South Boston post. Dunn said last night he has received no official notification of the OCPF decision and would have no comment until he sees the decision.

In explaining the law, McTigue wrote that no public employee may be removed from his or her position for making or refusing to make a political contribution or for providing a political service. Employees cannot be discharged, promoted or lose pay for contributing or failing to contribute to a campaign, she said.

August 18, 1994

TROOPER WANTS OUT OF CONTE'S UNIT

John J. O'Connor; Telegram & Gazette Staff

WORCESTER - State Police Sgt. Joseph E. Parmakian, who had been second in
command in the Crime Prevention and Control unit of District Attorney John J.
Conte's office, has requested a transfer out of the unit.

Parmakian said yesterday that he wants his career to go in a different direction.
"I have other career plans. I want to get back into uniform," he said.
 
He is the second high-ranking official to request a transfer from the unit in less
than four months.

In May, Lt. John V. Dunn, who had headed the CPAC office, requested a transfer, saying Conte was pressuring subordinates to support Conte's re-election campaign. The state Office of Campaign and Political Finance has ruled that Conte had done nothing improper. Conte had denied Dunn's allegations.

Parmakian said he has requested to return to the C Troop Area, which serves Central Massachusetts. He said he has not been told if the transfer has been approved.

Parmakian said he would not comment on whether Dunn's transfer had any effect on Parmakian's request to leave the unit. He said he did not know if Conte was aware of his request for a transfer.

Conte did not return a telephone call made to his office about Parmakian's request.

Parmakian joined the unit about two years ago at the same time Dunn was placed in charge of CPAC. He said Dunn was his immediate supervisor and Parmakian was second in command. CPAC is the district attorney's investigative unit.

 

CØNTE2006.COM