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DA Prosecuting Pomponio while Ignoring Serious Police Crimes
February 23, 2014
Sergeant Edward Pomponio was arraigned this week in Middlesex Superior court. The Middlesex County District Attorney’s office is charging him with intentionally destroying drug evidence, and intimidating the officer who reported him. The drug evidence consisted of 4 Vicodin pills and 2 Tramadol pills. The suspect was a 24 year old female, and the arresting officer was officer John Driscoll. Driscoll is the officer Pomponio is alleged to have threatened. The case against the young female defendant was thrown out of court as a result of Pomponios actions. She had been charged with possession with intent to distribute, of a Class E substance with 300 feet of a school zone.
A few larger questions exist that have not been answered. Why was this young woman being charged with intent to distribute narcotics, when she had only 6 pills in her possession? Why also is the District Attorney’s office choosing to now prosecute Pomponio regarding this 2011 incident, and why does the DA continue to ignore other, much more serious criminal actions committed and alleged to have been committed by other Ashland Police officers?
Could the drug charges against this young woman be another case of malicious prosecution by these same Ashland Police officers who call themselves “the wolf pack”? How officer Driscoll and Leiutenant Briggs justified charging this young lady with intent to distribute narcotics, for having only six prescription pills, is a mystery. None of Ashland News’ phone calls to Lt Briggs, the police media liason, have ever been answered or returned. The circumstances which led to Driscoll’s search of this young lady as she was commuting from work are also a mystery. Conviction of distribution of narcotics within 300 feet of a school zone carries a mandatory minimum sentence of two years in prison. The school zone in question is a day care and private elementary school affiliated with ‘Connect Community Church’.
Is this another case of laws being selectively enforced by the Middlesex County DA? Could this be retaliation for Sergeant Pomponio taking a stand against corruption at the Ashland Police Department? Pomponio took action in response to Richard Odell’s complaint of being savagely beaten, punched in the head approximately 10 times after being punched/knocked to the ground, by off duty officers, at the VFW bar in Ashland on Christmas night, 2012. Pomponio, with caring and concern, took Odell’s report over the phone, and immediately informed Lt Beaudoin of the situation. Other officers intentionally took, and continue to take no integral action in response to Odells complaint. – See APD internal investigation of Odell attack.
Sergeant Pomponio took on a very difficult situation when he stood up for, and insisted charges be lodged against ‘wolf pack’ officers who relentlessly sexually harassed a female officer. This female officer was subject to constant harassment, including being slapped in the face with a ‘hot dog’ (fmr Sgt Macquarie), having her hand forcibly pulled toward an officers genitals while he made a reference (Sergeant Fawkes), and the strong possibility of other more serious abuses of a sexual nature that are not known to the public. This female officer did confide in Sergeant Pomponio about abuses she had suffered. Incidents outside these two, that were known to many officers. She made Pomponio promise to keep what she had told him in confidence, as a condition of telling/confiding in him. This is public record, from the female officer’s own written testimony. The document is contained in this website’s archives. This writer is trying to lessen her exposure as a courtesy to her.
Why has the DA not investigated and charged these officers? In technical terms, the two known sexual harassment incidents can both be considered assault, or possibly even worse. There is solid proof both these incidents occurred, in that they were both witnessed by dozens of officers. If this is how some ‘wolf-packers’ behave in the presence of most of the police department, what is their conduct like when few or no witnesses are present?
The first official charge against Sergeant Pomponio is ‘wanton destruction of property’ (prescription pills). Sergeant Pomponio admits to destroying the pills, and claims it was a mistake. Speaking on his behalf, Attorney Joseph Hennessy stated that Pomponio was, at that time, lawfully disposing of other drug evidence which had already run it’s course through the courts. Pomponio confused the pills in question for other pills he was to lawfully destroy. Ashland Police Sergeant Joe Magnani stated to Ashland News, that the police evidence room was highly disorganized and over-full at that time. That statement was confirmed in the fact that one of the first official actions of interim chief Steven Doherty, was the reorganization of the evidence storage room. According to Magnani, this disorganization was to blame for two other incidents in which evidence was misplaced for a time.
The second official charge Pomponio faces, is witness intimidation. The witness in question is officer Driscoll, the officer who reported the destruction of evidence. Examples of the intimidation in Driscoll’s 52 page complaint consist of a few incidents.
The first of Driscoll’s allegations are hateful glares and stares. Second, Driscoll makes references to things that could be perceived as threats of charges being filed against him. However, these ‘threats’ are not specific. The Metrowest daily news recently quoted a DA report that stated: “Pomponio then went into Rohmer’s office. Later the pair walked by Driscoll and Pomponio asked the chief what charges he was going to bring against DRISCOLL.” This is not accurate. Driscoll’s complaint clearly states on page 7, regarding Driscoll’s account of Pomponio’s statement, “So what are you going to charge HIM with?” Pomponio may not have been refering to Driscoll at all. Pomponio may also simply have erred in leaving a confidential document in a copy machine, which Driscoll later saw. Those ‘threats’ may only exist in the mind of Driscoll, as well as the ‘hateful glares’. This could merely be Driscoll’s perception of Pomponio’s emotionally-neutral face (see Pomponio Picture). Third, Driscoll states that he was “forced to attend Sergeant Pomponio’s Christmas party” (see page 8 of Driscoll’s complaint).
In addition to this, Driscoll makes another allegation of an attempted ‘set up’ involving a ‘scantily clad’ woman. Again, this may only exist in the mind of Driscoll. On page 8, number 68, of Driscoll’s complaint, Driscoll refers to a conversation between Lt Beaudoin and Sgt Pomponio. Driscoll implies they are conspiring against him, when in fact Pomponio was relaying facts of Richard Odell’s complaint of being beaten by off duty officers at the VFW bar in Ashland. – See document: Official APD Internal Investigation of Odell beating, page 10. This paranoia only existed, again, in the mind of Driscoll. Note: it is not known to the public whether or not Driscoll was present at the VFW bar on December 25/26 on 2012, so it is possible Driscoll could have been one subject of that conversation, but not in the manner Driscoll alleges. Readers are encouraged to read Driscoll’s complaint
The third official charge Pomponio faces is obstruction of justice. It is unknown what specifically the DA is referring to on this charges. In Pomponio’s words, and those of his attorney, Pomponio himself notified the Chief of Police and District Attorney’s office about his errant destruction of evidence. According to Attorney Thomas Drechsler, Pomponio has cooperated fully with the District Attorney’s office, including testifying at his own indictment hearing.
Sergeant Pomponio did bring some baggage when he was hired at the Ashland Police Department. Previously, Pomponio chose to resign from the Milford Police force after he was caught having an extramarital affair, while on duty. Milford’s police chief stated that if Pomponio hadn’t resigned, he would have been fired. Pomponio could have chosen retirement at that time, but chose to resign instead. Pomponio was accused by a Milford Police Officer of making threatening remarks.
Sergeant Pomponio is a five year active duty veteran of the Marine Corps, and he holds a master’s degree in criminal justice. He was commended by the state legislature for his hard work in establishing community policing programs. He has been praised by many local residents for many hours of hard work on numerous charitable causes.
While the District Attorney’s office aggressively prosecutes Pomponio regarding this incident, here are some of the things the DA chooses not to investigate or prosecute:
- The police killing of Andrew Stigliano during an illegal raid. The DA states Ashland Police officer did nothing unlawful, but refuse to release the official report of their investigation. There are many inconsistencies in the little information the DA has released, including the number of shots fired, the sequence of events and many others. The DA and APD refused to comment regarding Stigliano’s accusations of criminality by some Ashland Officers, including the one on record as having killed him (Alberini). The DA has imposed an information blackout, grossly violating the First Amendment. Public information normally available, continues to be withheld from the public. (See Archive Page 2013_IV)
- The savage beating of Richard Odell by off duty Ashland Police officers (See Ashland News Articles, APD Internal Investigation of Attack-of Richard Odell by off duty officers, Off Duty Ashland Cop punches innocent man in the head 10 times and Destructive effects of Krantz and Metrowest Daily News one-sided reporting. See video of Ashland CAC interview. Check AshlandCAC.com)
- The two sexual harassment incidents listed above which were witness by most of the department, including former Chief Roy Melnick.
- The harassment/stalking of women and others by Officer Alberini (on record as killing Stigliano) while on and off duty. (Women reported to Ashland News only on strict condition of anonymity, but will help facilitate communication with legitimate law enforcement investigation.)
- The violent and strange confrontations between Alberini and several Ashland and other residents (Again, several incidents reported to Ashland News on strict condition of anonymity, but will help facilitate communication with legitimate law enforcement investigation.)
- The leaking of sensitive information regarding wanted home-break-in suspects via newspaper by Lieutenant Briggs (see Ashland News article, Briggs Protects, Helps Organized Criminals
- Possession of stolen school property regarding the disturbing photo of Alberini wearing an Ashland High School cheerleader’s skirt/outfit in the police station locker room, and unanswered questions regarding this.
- The mainly false whistle blower complaint filed by ‘the wolf pack’ against Chief Rohmer. The truthful parts of the complaint were minor and trivial, while the false accusations were damaging and embarrassing. This action, by law, prevented Rohmer from investigating these officers serious crimes and cover ups, including the Odell beating. (Whistle blower complaint contained in pages 26 – 37 of Driscoll’s complaint)
- The endangerment of William Cavanaugh’s son’s life, as well as at least one other person who asked to remain anonymous, by Sergeant Fawkes and Sergeant Wildman. Fawkes and Wildman caused false rumors to be spread among inmates at the Billerica state prison, accusing said individual being ‘snitches’. This caused at least one of the individuals to be violently attacked on several occasions. Fawkes and Wildman paid a surprise visit to one of the inmates, without his lawyer being present. This was unlawful.
- The use of prescription drugs by Ashland Police ‘wolf pack’ officers, which is documented in at least one case (Alberini)
- The filing of false charges on a regular basis by said ‘wolf packers’
- Altered Police logs, one instance being the night of July 6, 2013. This was uncovered by Attorney Joe Hennessy
- Threats of violence against former Board of Selectman Chairman Jon Featherston and his family at the Featherston family residence by Sergeant Fawkes (see Archive page 2013_II, and the Featherston video.
- Beatings and false charges lodged against several citizens who contacted Ashland News on condition of anonymity. (Ashland News will help facilitate communication for legitimate law enforcement investigation.)
- The use of tobacco by Sergeant Greg Fawkes, which by Mass law, requires mandatory termination. (see picture)
- Many other issues too time consuming to list at this time.
The DA’s office did however launch a full investigation against Chief Rohmer for document shredding. The documents turned out to be paid utility bills, which Rohmer’s secretary shredded as standard procedure. Again, this is seen by many Ashland residents as a retaliatory attack by machine Union Democrats against Rohmer, for standing up to department corruption by highly active police union involved officers. Corruption among machine Union Democrats is very wide spread in Massachusetts. – Search keywords: Federal Investigation Massachusetts.
[Writer's note]: For the past two years, there has been much media attention regarding wrongdoing at the Ashland Police Department. Unfortunately, the focus of the media coverage has largely been on minor and trivial issues, in the pursuit of an agenda. The public wants justice. The truth is, the most dangerous elements still remain in place at the Ashland police department, and the most serious wrong doing has not been addressed. Justice has not been served by the proper authorities, and individual officers have not been held responsible for their bad and criminal actions. Furthermore, it’s becoming apparent that the proper authorities, the Middlesex County DA and Massachusetts Attorney General’s office are not only failing to do their duty in pursuing justice, but are aiding the injustice and wrong doing. It’s important to keep focus on the most serious issues not yet resolved at the Ashland Police Department. The DA’s office will try to satisfy the public demand for justice by using Pomponio and others as ‘scape goats’, in part, to cover for their own criminality. Pomponio’s troubled history in Milford makes him an easier target. District Attorney Marion Ryan said recently in regards to Sergeant Pomponio’s destruction of drug evidence, “These are troubling allegations that reflect a violation of the public trust placed in all law enforcement officials.” Many people in Ashland see her action against Pomponio as retaliation for taking on system-wide corruption. Given DA Ryan’s role in the police killing of Andrew Stigliano, her office’s atrocious record in prosecuting pedophiles, and the overall dishonest nature and operating procedure which infests the culture of her office, this writer is surprised she wasn’t struck by lightning when she made that statement.