Massachusetts scandal starting.

[Johnny]

news.bostonherald.com/localRegional/view.bg?articleid=127195

Massachusetts police threaten bloggers.

[KC]

Johnny said:

news.bostonherald.com/localRegional/view.bg?articleid=127195

Massachusetts police threaten bloggers.

Thanks Johnny for the link, that's some story!

Here are some more stories from the past. The video and stories can be found at www.conte2006.com/

February 21, 2006
Court says cops can’t yank video: ‘Baby cam’ catches arrest on tape
By Laurel J. Sweet, Boston Herald

State police have been cuffed with a restraining order by a federal judge that temporarily bars them from threatening to prosecute a Leominster housewife over video, posted on her Web site, of a local man’s arrest.

“I couldn’t ask for any more from the judicial system than a fair shake and I got that,” said Mary T. Jean, a stay-at-home mother of two and First Amendment crusader.

The grainy black-and-white footage of Paul Pechonis, 47, being handcuffed in front of his wife and mother for allegedly posting threats against Westboro District Court Judge Paul Waickowski in cyberspace has been on Jean’s Web site since last month. But when state police got wind of it last week, they ordered Jean to “cease and desist” its broadcast or “the Department will refer this matter to the District Attorney’s office for further investigation and possible prosecution.”

Under state law, Jean could be jailed for up to two years if tried and convicted of taking the tape public, provided she knew it was intentionally recorded without the permission of state police.

“I didn’t mean to be a social mover or shaker. I just tried to help my fellow person and this is where it got me,” said Jean, 45, the administrator of Conte2006.com, a hot-button Internet page she originally created last year to discourage Worcester District Attorney John Conte from running for re-election. He recently announced he will not.

The restraining order issued late Friday by U.S. District Court Judge F. Dennis Saylor IV prevents state police from interfering with Conte2006.com through at least March 2, but at a hearing next Tuesday, Jean’s attorney, Daniel J. Shea, will ask that it be extended indefinitely.

The state police legal department was said to be unavailable for comment yesterday.

Pechonis called Jean, whose help he sought with an unsolicited e-mail, “my angel.”

Pechonis, a subcontractor, claims he was never presented a search warrant by more than a half-dozen plainclothes officers who fanned out in his home to look for weapons. All the while, a hidden “baby-cam” set up in Pechonis’ living room for the protection of his 17-month-old daughter was rolling, allegedly activated by a motion detector.

“I had no idea it was even on,” insisted Pechonis, who could be facing felony charges for the recording.

Jean, who operates her Web site from a “converted mud room” in her home, said, “I feel it takes a lot of energy to reach out to someone like me. It’s not everyone I can support, but we do as much as we can.”

February 18, 2006

Web site showing arrest OK at least till March 2

WORCESTER— A federal judge yesterday issued a temporary restraining order prohibiting the Massachusetts State Police from taking action against a Leominster woman for posting on her Web site a video of an arrest conducted by state police assigned to Worcester District Attorney John J. Conte’s office.

Federal Judge F. Dennis Saylor IV ruled the restraining order will be in effect until March 2. The matter will be taken up again in federal court here on Feb. 28.

State police had threatened Web site operator Mary T. Jean with a felony charge for posting the videotape at www.conte2006.com. The video shows troopers arresting Paul Pechonis at his Northboro home on Sept. 29 and then apparently conducting a search of the premises.

Although the name of the Web site suggests a re-election campaign, Ms. Jean obtained the domain name with an eye on publicizing examples of what she believes are the district attorney’s repeated abuses of power. She said the video in question indicates police did not show a search warrant.

State police sent a cease-and-desist letter dated Tuesday to Ms. Jean, giving her 48 hours to remove the video from her Web site. She received the letter on Wednesday and sought legal counsel.

“Be advised that this secret, unauthorized audio/video recording is in violation of M.G.L. c.272, 99 and subject to prosecution as a felony,” the letter read in part.

In his pleading to the court submitted yesterday, Ms. Jean’s lawyer, Daniel J. Shea, insisted she was within her rights and that state police lacked judicial authority to require her to remove the video from her Web site.

“The nature of the plaintiff’s injury is deprivation of her constitutionally protected free speech by the chilling effects of an impermissible exercise of the commonwealth’s police powers,” Mr. Shea wrote. He said the statute in question was an anti-wiretapping law directed at organized crime. “Understandably, the posting of this videotape on the plaintiff’s Web site is an embarrassment to the defendant Massachusetts State Police and Mr. Conte.”

State police spokeswoman Lt. Sharon Costine said on Wednesday that unless Ms. Jean removes the video from her Web site, state police would have to determine whether she made the tape or simply posted it. Ms. Jean claims she did not make the tape, but posted it after receiving a copy from Mr. Pechonis. Posting it would be a misdemeanor if the statute applies to the case. Lt. Costine said Mr. Pechonis also has received a copy of the cease-and-desist letter, dated Wednesday.

Mr. Pechonis claims the video was made inadvertently by a child security system he had set up in his home. He says he has not received a letter from state police.

Mr. Pechonis, 46, of 17 Milk Porridge Circle, Northboro, is charged with threatening to commit a crime (murder) against Marlboro Police Officer James P. Gough. He allegedly posted photos of himself carrying weapons and the words “Death to Pig Gough” on a Web site. He is free on $20,000 cash bail set by a Marlboro District Court judge.

In a pending case in Worcester, Mr. Pechonis is alleged to have called for the “resignation or execution” of Westboro District Court’s presiding justice, Paul S. Waickowski, on another Web site.


February 16, 2006

Web site gets warning

State police have threatened a local Web site operator with a felony charge for posting a videotape of an arrest conducted by troopers connected to Worcester District Attorney John J. Conte’s office.

The video, posted at www.conte2006.com, shows police arresting Paul Pechonis at his Northboro home on Sept. 29 and apparently conducting a search for several minutes afterward.

Mary T. Jean of Leominster, who runs the Web site, said she posted the video as part of her ongoing effort to portray Mr. Conte as a self-interested officeholder who uses state police inappropriately. Ms. Jean said the video indicates that state police did not show a search warrant and that she did not understand why she was being threatened with charges since she did not actually tape the arrest.

State police spokeswoman Lt. Sharon Costine said unless Ms. Jean removes the video from her Web site, state police will have to determine whether she made the tape, or simply posted it. Posting it would be a misdemeanor under the statute. Lt. Costine said Mr. Pechonis also has received a copy of the cease and desist letter, dated Feb. 14.

“They know I didn’t make the tape because I wasn’t there,” Ms. Jean said.

The state police letter reads in part, “Be advised that this secret, unauthorized audio/video recording is in violation of M.G.L. c.272, 99 and subject to prosecution as a felony.”

It continues, “Unless you cease and desist, within 48 hours or receipt of this letter, from posting this unlawful tape on the Internet or any other publicly accessible site, the Department will refer this matter to the District Attorney’s office for further investigation and possible prosecution.” It is signed by Ann M. McCarthy, deputy legal counsel to the state police.

“I appreciate the notification if I’m really breaking the law. But it seems to me that this is not something for the general counsel of the state police to be involved with,” Ms. Jean said. “We don’t have a determination by any entity to say that it’s an illegal recording.”

Mr. Pechonis, 46, of 17 Milk Porridge Circle, Northboro, is charged with threatening to murder Marlboro Police Officer James P. Gough. He allegedly posted photos of himself carrying weapons and the words “Death to Pig Gough” on a Web site.

He is free on $20,000 cash bail set by a Marlboro District Court judge.

In a pending case in Worcester, Mr. Pechonis is alleged to have called for the “resignation or execution” of Westboro District Court’s presiding justice, Paul S. Waickowski, on another Web site.

In a citizen complaint, Mr. Pechonis’ son, Jared, claims to have been pulled over, threatened and harassed by Officer Gough.

www.conte2006.com/video,_posted.htm#websiteok

[WaTcHeR]

I'm trying to understand a few things here. Is it really a felony in Massachusetts to have a recording device in your home and record someone without their knowledge? What about a security camera to catch a burglar? What about catching cops doing an illegal search of your home? Isn't a mans home his castle? Why would the government restrict what he does inside his home, as long as he isn't harming anyone? It's a un-constitutional law!

Does this law mean that citizens can't record police officers while on duty, without the consent of the officers? Yet on the other hand it's ok for the police and government to record you, without your knowledge.

This next thing really has me stumped.

Massachusetts said:

The state police letter reads in part, "Be advised that this secret, unauthorized audio/video recording is in violation of M.G.L. c.272, 99 and subject to prosecution as a felony."

Under state law, Ms. Jean could be jailed for up to two years if tried and convicted of taking the tape public, provided she knew it was intentionally recorded without the permission of state police.

Ok the recording was made in a "private home," of the Massachusetts State Police breaking the law and making an illegal search of a private citizens home. Seems the cops are trying to do a spin and make Ms. Jean to be a criminal, when it's really they cops.

M.G.L. c.272, 99, reads as follows: "1. Interception, oral communications prohibited. Except as otherwise specifically provided in this section any person who— willfully commits an interception, attempts to commit an interception, or procures any other person to commit an interception or to attempt to commit an interception of any wire or oral communication shall be fined not more than ten thousand dollars, or imprisoned in the state prison for not more than five years, or imprisoned in a jail or house of correction for not more than two and one half years, or both so fined and given one such imprisonment."


Where does it say anything about "video?" They must be charging her on the interception of "audio" communication of the officers and not the actual video?

Also where does the Massachusetts State Police get off to sending threatening letters and taking the law into their on hands? I guess since there the COPS, they can do what they please?

[Paul pechonis]

Hey, I agree. You have only heard half the story thou.
Go to www.bonuskill.com

Paul

[WaTcHeR]

Can you say police state?

[WaTcHeR]

08.17.2006 - Attorney General Thomas F. Reilly’s office claims a federal court judge erred by extending a restraining order that prevents state police from forcing a Leominster woman to remove a videotaped arrest of a Northboro man from her Web site.

In a brief filed last week with the U.S. Court of Appeals for the First Circuit, the attorney general’s office said Judge R. Dennis Saylor IV based his ruling on two important First Amendment cases that he misinterpreted.

“On the basis of those errors, the judge erroneously found that the plaintiff has shown that she is entitled to First Amendment protection and therefore has a likelihood of success on the merits,” Assistant Attorney General Ronald F. Kehoe wrote.

Mr. Kehoe said Mary T. Jean, who posted the video on her “Conte2006” Web site, knowingly obtained an illegal tape in violation of state law.

Ms. Jean’s lawyers will respond to the state’s brief within a few weeks. She is represented by the American Civil Liberties Union of Massachusetts and two lawyers with the Boston law firm of Choate Hall & Stewart. The filing deadline is Sept. 11.

Ms. Jean has testified that she did not know the Northboro man, Paul Pechonis, who made the videotape in September, until he gave her the recording after he found her Web site online. Mr. Pechonis maintains he was unaware at the time of the arrest that a camera in his house was activated and recording the state police who appear to search his home before arresting him.

In his April ruling, Judge Saylor said the D.C. circuit judges “wrongly decided” the case of U.S. Rep. James A. McDermott, a Washington Democrat, who was found to have violated federal law when he gave reporters a recording of a telephone call that included U.S. Rep. John A. Boehner, an Ohio Republican who is now House Majority Leader. Judge Saylor cited the 2001 U.S. Supreme Court Bartnicki v. Vopper case upholding the right of someone to publish information if they received it legally, even if the person believes the original source of the information was illegal.

Mr. McDermott was ordered to pay Mr. Boehner about $700,000 in damages, most of which covered legal costs. The recorded call, from 1996, involved then-House Speaker Newt Gingrich and Mr. Boehner, among others, and was recorded by a third party. Mr. McDermott’s lawyers called the D.C. circuit panel’s ruling unsound and unworkable. A Florida couple has pleaded guilty to making the tape and providing it to Mr. McDermott, who has admitted giving it to the news media. Mr. McDermott’s lawyers cited Judge Saylor’s ruling in the Jean case, calling it a “Boehner-style lawsuit.” Afterward, the full nine-member Appeals Court agreed to hear the Boehner case.But Mr. Reilly’s office contends the Boehner case ought to stand as is: “In Boehner, the court distinguished Bartnicki because the disseminator seeking First Amendment protection had dealt directly with the interceptor, had the present knowledge that the interception had been unlawful, and participated in the interceptor’s unlawful dissemination of the tape. The Supreme Court foreshadowed this distinction in Bartnicki,” Mr. Kehoe wrote.

“This appeal is based on the state police concerns that the audio portion of the video was illegally recorded and obtained without their consent in violation of state law,” Reilly spokesman Terence Burke said.

John Reinstein, legal director for the ACLU in Massachusetts, said he expects the brief Ms. Jean’s legal team files will answer the state’s appeal.

In February, Judge Saylor issued a temporary restraining order allowing Ms. Jean to keep the video on the Web site until April 7. She posted the video in January and state police ordered her to remove it in a Feb. 14 letter. But Ms. Jean obtained a temporary restraining order on Feb. 17 that was later extended.

State police had sent Ms. Jean a letter that read in part, “Be advised that this secret, unauthorized audio/video recording is in violation of M.G.L. c.272, 99 and subject to prosecution as a felony.”

www.telegram.com/apps/pbcs.dll/article?AID=/20060817/NEWS/608170787/1008/NEWS02

[WaTcHeR]

June 22, 2006

Internet threat charges could be dismissed

Ominous message posted against officer

By Patricia J. James TELEGRAM & GAZETTE STAFF
[e-mail]

MARLBORO— Charges against a Northboro man accused of threatening a Marlboro police officer on a Web site could be dismissed if the man abides by conditions set by a Marlboro District Court judge.

A Worcester Central District Court judge last month also agreed to dismiss charges against the same man for similarly threatening a Westboro District Court judge.

Paul T. Pechonis, 47, of 17 Milk Porridge Circle, Northboro, was arraigned in Marlboro District Court in February on a charge of threatening to commit a crime (murder) against Marlboro Police Officer James P. Gough. He allegedly posted photos of himself carrying weapons and the words “Death to Pig Gough” on a Web site, which police records say created by Mr. Pechonis.

According to court records, Judge Douglas W. Stoddard on June 9 continued the case without a finding for nine months and ordered unsupervised probation for Mr. Pechonis. He was also ordered to have no contact with the officer or the Marlboro Police Department and take any references to the department or Officer Gough off the Web site. He was also ordered to pay a $50 victim witness fee.

According to a police report, the Marlboro Police Department became aware of the Web site in early September after Mr. Pechonis allegedly sent a link to the site, which contained the threat against Officer Gough, via e-mail to Police Chief Mark F. Leonard.

The report said Mr. Pechonis subsequently told Marlboro Police Capt. Paul Valianti during a phone conversation that “he took the stuff down, and it was a joke, and he did not mean anyone any harm.”

Mr. Pechonis also allegedly told Capt. Valianti he has no issue with Officer Gough other than that he had threatened his son’s life. According to a citizen complaint of police misconduct filed last July by Mr. Pechonis’ son, Jared Pechonis, the young man was pulled over by Officer Gough and said he felt threatened and harassed by the police officer.

In the Worcester Central District Court case, Mr. Pechonis allegedly called for the “resignation or execution” of Westboro District Court’s presiding justice, Paul S. Waickowski, on another Web site also allegedly created by him.

According to court records related to that case, one of the Web sites made references to a Westboro District Court civil hearing in which Mr. Pechonis’ paycheck was garnisheed for money owed to a credit card account. According to the records, Mr. Pechonis allegedly blamed Judge Waickowski for the order, but state police investigators found it was Judge Vito A. Virzi who presided over the case.

Worcester Central District Court Judge William P. Hadley on May 1 continued the case without a finding for a year and ordered Mr. Pechonis to have no contact with the victim or the victim’s family and to pay a $50 victim witness fee.

June 9, 2006

Agreement to remove material on website in reference to Marlborough Police Department will resultant in charges being dismissed.

After almost two years of a legal struggle to seek protection for his teenage son and receive accountability for the actions associated with Marlborough Police office James P Gough.

Father and webmaster Paul Pechonis of the Bonuskill.com website has had his criminal charges in Marlborough district court continued for dismissal by District Court Judge Douglas Stoddart.

Mr. Pechonis’s Attorney, Randy Power arranged a plea agreement to dismiss criminal charges of threat to commit a crime, murder if Mr. Pechonis agreed to the removal of all material in reference to the Marlborough Police department from his website Bonuskill.com, nine and a half months unsupervised probations and a fifty dollars victim witness fee.

Judge Stoddart allowed Mr. Pechonis one week to remove all material from the Bonuskill.com web site.

A March 12, 2007 date is set if all stipulations are completed without incident, the criminal charges will be dismissed without a finding.

The Web site page in question was titled, “Death to Pig Gough” according to police a picture of a man holding and pointing a shotgun, sword, revolver and a handgun at the camera.

On September 21, Mr. Pechonis was first charged for allegedly asking for the “resignation or execution” of Westboro District Court Judge Paul S. Waickowski on one of the Web sites he created with threatening to commit a crime (murder).

Mr. Pechonis allegedly placed a poster of his child and that statement on a bulletin board in the Westboro District Court hallway Sept. 9, according to court records.

On November 11, 2005, Mr. Pechonis received an application for criminal complaint from Marlborough district court, for the offense of MGL 275/2, threat to Commit Crime, offense date, September 13, 2005.

A probable cause hearing on this complaint occurred December 8, 2005. The complainant name was Captain Paul Valianti, who is listed on the Marlborough Police Department, as Services Division Commander – Internal Affairs.

Captain Valianti, was the Marlborough Police internal affairs officer that Mr. Pechonis had dealt with concerning the actions of Police Officer James Gough who allegedly made threats to kill his teenage son.

On January 8, 2006 Mr. Pechonis’ lawyer and the assistant district attorney had agreed to $500 bail and a lengthy list of conditions for the suspect’s release, Marlborough district court Judge Thomas Sullivan rejected the agreement and set bail at $20,000.

On March 7, 2006 Mr. Pechonis had his $20,000 bail reduced to $5,000.

On May 7, 2006 in Worcester District court the threat to commit a crime, murder charges ended in a mutual agreement by Worcester ADA Harold Johnson of one year’s unsupervised probation with an agreement to stay away from Judge Paul S. Waickowski, Judge Vito A. Virzi and their families.

Mr. Pechonis will now have his $5,000 bail returned from Marlborough district court.

Mr. Pechonis stated today in a telephone interview “I have been prosecuted and persecuted by the legal system. I believe these charges are in violation of my first amendment rights; in addition I was subject to what I perceive as excessive representation of force by the Massachusetts state police assigned to Worcester District Attorney John Conte’s Office”.

Mr. Pechonis arrest by the State police Trooper Nick Nason, was later discovered on a baby cam and provided to the conte2006.com web site. That video is now the subject of a Federal Preliminary injunction allowing the video to be played without fear of prosecution from District Attorney John Conte. Currently the State of Massachusetts has appealed the injunction ruling.

Mr. Pechonis went on to say “a deal is a deal and I will remove all reference to the Marlborough police department and Office James P. Gough as required”. After March 12, 2007, Mr. Pechonis will be free to publish any material on his website.

May 7, 2006

Web threat case ends with charges dismissed in a year.

Worcester Telegram fails to cover case.

A scheduled Monday, May 1st hearing on motion to dismiss misdemeanor charges, threat to commit a crime, murder in the case of Northborough's Paul Pechonis, ends as continued without a finding, charges to be dismissed in one year.

The threat to commit a crime, murder charges ended in a mutual agreement of one years unsupervised probation with an agreement to stay away from Judge Paul S. Waickowski, Judge Vito A. Virzi and their families.

A twenty-one dollar per month administrative fee was assigned by Judge William Hadley.

Mr. Pechoins said “ I only agreed to the conditions to alleviate the terrible emotional and financial strain on my family”.

Mr. Pechonis does not consider this a good deal, and feels he has not broken any laws. Mr. Pechonis feels he has been victimized.

The original arrest warrant that was flashed by Trooper Nicholas E Nason, which can be viewed on video has never been seen by Mr. Pehconis.

Arresting State trooper, Nason was present in Worcester District Court on Monday and was seen carrying an eight inch folder with the name Pechonis hand written on the cover.

The original color poster in question has never been produced by Worcester District Attorney John Conte’s office. Only a copied black and white version has ever been seen. In addition no explanation has ever been provided as to how the wording appeared on the poster once it was inside the Westborough District court building.

Mr. Pechonis had no prior relationship with either judge, the entrance lobby tapes in Westborough district court were not provided in discovery. No fingerprints from the poster were ever provided in court. Mr. Pechonis denies that the baby on the poster is his, and feels the poster looks like the Gerber baby.

Mr. Pechonis called the Telegram city desk three different times beginning early Monday morning and spoke with a gentleman named Mike, who stated that Telegram court reporter Gary Murray was present in courthouse and his case and was on a list to be covered.

Mr. Pechonis was never approached for an interview on Monday. The Telegram has had extensive coverage of the charges being filed, yet failed to cover the disposition of the case. Mr. Pechonis said in an interview “ I believe District Attorney Conte suppressed the coverage of the story”.

The only media coverage was in the MetroWest daily news who buried the story on the second page of the local section. Mr. Pechonis feel the MetroWest has demonized him and slandered his good name. Mr. Pechonis has said that he will seek a correction.

Viewed on the now well publicized video are the Massachusetts State Police Unit assigned to District Attorney John Conte making a rather heavy handed arrest, of what appear to be a very calm and unarmed man. Mr. Pechonis who is seen on the video standing still and not moving is then subjected to what many have suggested appears as a search of his home without a warrant.

The political prosecution of Mr. Pechonis continues. Mr. Pechoins still faces charges for threat to commit a crime, murder in Marlborough District court.

Mr. Pechoins contends he has never met Marlborough Police Officer James Gough.

www.conte2006.com/bonus.htm#no%20jail%20time