The Lawsuit Against The City of Medford Begins

1,383,396 @ 2:59 pm
 
FOR IMMEDIATE RELEASE

VIGLIONE TO SUE DET. MACKOWSKI,

RICHARD F. CARAVIELLO, EDWARD P. FINN ET. AL.

Please note: the original lawyer that was to take the case took ill. So I am interviewing other counsel.  I will be sending the presentment letter necessary to city hall, most likely within the next week.     Joe Viglione  2:45 pm 8/21/19
_____________________________________ 


Kim Scanlon

Mayor Muccini-Burke

Adam Hurtubise

City Council President John Falco

City Council Vice President Breanna Lungo-Koehn

RE: Municipal Negligence, Chapter 258 Section 4   Presentment Letter

Dear Attorney Scanlon:

Please be advised, pursuant to Chapter 258, Section 4, I am preparing a "Presentment Letter" regarding perpetual violations of my civil rights by Medford government employees.  The ongoing pattern of harassment is chilling and it is clear that I have been targeted by two administrations.

As I am in discussion with a number of civil rights attorneys - and have been - as you must be aware - I want to preserve my rights so I may be filing the Presentment Letter on my own, pro se.   As you also are aware, I have to file the presentment letter to either the mayor, the law department, *(etc.)

MGL: Chapter 258

Section 4: Instituting claims: "Notwithstanding the provisions of the preceding paragraph, in the case of a city or town, presentment of a claim pursuant to this section shall be deemed sufficient if presented to any of the following: mayor, city manager, town manager, corporation counsel, city solicitor, town counsel, city clerk, town clerk, chairman of the board of selectmen, or executive secretary of the board of selectmen; provided, however, that in the case of the commonwealth, or any department, office, commission, committee, council, board, division, bureau, institution, agency or authority thereof, presentment of a claim pursuant to this section shall be deemed sufficient if presented to the attorney general."

__________________________

To cover the bases I am alerting the law office via Kim Scanlon, the mayor's office via Stephanie Muccini-Burke, Jenn Dever Wood, Deanna Devney, the city clerk, the city council president and vice president and Chief John D. Buckley of the Medford Police Department that the letter(s) is/are being prepared.

To show fully the legitimacy of my many claims against the city's many outrageous acts against me, I will offer you some of the evidence in this letter prior to filing the official presentment letter(s).

On or about October 16, 2017 I was scheduled to speak at the Medford School Committee.  The Mayor slammed the gavel and refused to let me speak, violating my civil rights, my constitutional right to speak about politics.  I was on the schedule.  She refused to let me speak about a bizarre stunt

the morning before, Sunday October 15, 2017, when a state representative did something obscene to the city council vice president in front of two little children and a fifteen year old student.  I have a photograph where Mayor Burke was laughing at the alleged sexual stunt performed in front of the three minors.  Clearly, Mrs. Burke was conflicted and should have recused herself from the role of chairperson.  Rather than recuse herself, Mrs. Burke fractured my civil rights and violated her oath of office, to uphold the Constitution.

a)It happened at the school, fair game for the school committee to hear and evaluate

b)As stated, I was on the schedule to speak

Mrs. Burke covered it up!  She censored an investigative journalist who has information of GREAT public interest.  

How many other citizens are officially on a schedule and their speech denied them by the slamming of a gavel by an angry mayor derelict in her duties and - clearly - hiding outrageous behavior by two city officials in front of little children?   There are allegations that Mrs. Burke is not unfamiliar with hiding similar wrongful conduct and that can be addressed fully in a court of law to show a pattern of alleged malfeasance.

On or about October 17, 2017, at the City Council of  Medford, the very next night, ex Police Chief Leo A. Sacco, Jr. was claiming/or attempting to explain to the city of Medford how lovely and peaceful and safe it is under him.  I spoke after Mr. Sacco and explained to the citizens in the auditorium and those watching the Government channel that the chief's son, Joe Sacco of the MBTA, was pulled over for alleged drunk driving.    https://tinyurl.com/mbtajoesacco

Chief Sacco's son was not treated the same way most people would be treated - with a breathalyzer, field sobriety test, exposing the double standard in Medford. Read the above article for more disclosure on that.

Mr. Sacco very nicely asked me to meet him outside Alden Chambers, right where city clerk Edward P. Finn had assaulted me on or about June 16, 2015.

Sacco then became very angry saying "DON'T YOU EVER COME AFTER MY FAMILY" - my response was very polite "Channel 5, Leo, fair game. But, Chief, why did you not help me when the stalker was threatening my family? Why did I have to hire a lawyer to get relief from the court?" (paraphrased)  Sacco's response was chilling: "You get the police service you deserve.  Sue me."   At that point the city solicitor, Mark E. Rumley, emerged and there was no more conversation.

As the Chief of Police at the time demanded I sue him, the last thing we want to do is to ignore a direct order from the Chief of Police. Thus, Mr. Sacco will be a defendant in the lawsuit. 

Mr. Sacco is a key component of failing to serve and protect my family as he oversees the entire operation.  Detective Mackowski threatened me with "witness intimidation" if I pursued the case I had filed on Edward P. Finn, essentially, forcing me to drop my case that an honest Medford police officer urged me to file. 

And then in December of 2015, city government and the police plotted and schemed to resurrect a case that had concluded to file false "witness intimidation" charges on me.  The statute of limitation is 3 years for the case against Richard F. Caraviello, Edward P. Finn, Police Chief Leo A. Sacco, Jr., Detective Mackowski, Paul Covino et. al, this presentment letter has a statute of two years which, given the dates above and the ongoing misconduct of Medford city officials aimed at me, is within the time frame to seek relief for the Caraviello case and the harassment which followed.

This is all a pattern of perpetual annoyance of an award-winning hard-working volunteer TV producer Especially the outrageous treatment  by the police in April of 2018, and more evidence of continuous harassment by Medford City Government, City Hall, the police, city councilors (see the filing with Neil Osborne's human rights division regarding harassment by multiple city councilors against Medford senior citizens, Osborne's office which -  I believe - had former police chief Leo A. Sacco Jr. as part of that commission, said it has to go "up the food chain," passing the harassment buck to Mayor Burke when Mr. Osborne has the alleged authority), harassment by Krissy Fraser at the public access television station and the fraudulent nature of this "private" access television station which runs just as poorly as the soon-to-be-defunct Medford Community Cablevision, Inc.  

Kristine Fraser is hardly "welcoming" at the TV station and bothered me, took my programming, failed to air it, failed to return my precious discs.

The Mayor controlling the media is every bit as abusive as the board of directors of MCC TV3, perhaps MORE abusive since Mayor Burke is to be held to a much higher standard than a 501c3 and is intentionally and with great malice censoring the citizens of Medford.  There was malice from Mrs. Muccini-Burke when I tried to meet her at an open meeting at La Cascia's Bakery.  The mayor saying my blog was "too vulgar" for her to speak to me when, in fact, her husband called me a "motherfucker" in front of  dozens of people on the evening of October 15, 2015 when I was asked to make a back-up tape of The Great Debate.

The double standards again.  Mrs. Burke's husband has a reputation for having a disgraceful foul mouth in public.  They mayor, who claims to be mayor of all people in Medford, is the most polarizing figure we've seen in Medford in the past 15 years.   Her predecessor knew how to speak to the public and at least give you ear, even if he chose to ignore your request.  Mayor Burke is transparent that if you aren't with her, you are the enemy.  Thus, the retaliation I have faced for offering the citizens information of great public interest.

RETALIATION:

Court Clerk Brian S. Burke, with allegations of public profanity and an abusive nature, allegedly claiming to have a "hit list" and with the allegation that he stated "payback starts tomorrow" after the 2015 election, and simultaneous with court clerk Michael Sullivan ruling that his alleged good friend Brian Burke did not violate the canon of ethics when it is clear to this journalist that Mr. Burke did, the false charges were filed against me at Christmastime 2015, with me receiving those false charges at the beginning of January 2016, trial date January 31, 2017, within the 3 years statute of limitations.

In my work as an investigative reporter I had filed a public records request for information regarding the allegation that a teacher had an affair with a powerful politician's daughter, the same week in December of 2015 that the court failed to sanction Brian S. Burke.  It is clear that the city retaliated against me for filing charges on ex-Medford city clerk Ed Finn, for asking about the teacher/student affair, and for filing a complaint on clerk Brian S. Burke.

PUBLIC ACCESS PRODUCER HARASSMENT:

Evidence that a gun magazine was found in the McGlynn Middle School while a CORI check is necessary for public access producers shows the level of harassment the public faces because government officials do not take their oath of office seriously.  Are the people and entities renting the high school required to give CORI checks to each and every member that participates in the school rentals?  When I set Mark E. Rumley straight, which is a cottage industry in my life now, that by hiring a Pat Gordon or a Ben Brown to supervise the station, there is no need for a CORI check, the solicitor switched hats rather quickly.  The law, as I understand it, is that it is UNSUPERVISED contact with children that may have a need for a CORI check for the public.  Mr. Rumley, as usual, changed his tune and then stated publicly "the possibility of unsupervised contact with children" in response to my giving Mr. Rumley the spirit (and possibly letter) of the law.  

Mr. Rumley even concocted an extreme violation of civil rights - a CORI waiver form - which makes a public access producer look like a child molester - one would have to sign a form saying - in essence - that they don't want contact with children when they are simply mailing a form in.  This has a chilling effect on speech, and there is at least one candidate for public office who told me that they refuse to go on the station specifically because of the CORI request.  It gives the mayor a possible advantage if the mayor looks at those CORI checks.  The public would never know because this mayor acts first and doesn't even beg forgiveness when she's wrong - the failure to open access TV and have a 501c3 operate it instead of the issuing authority, the mayor, is a glaring case in point. It is censorship and it is a violation of the mayor's oath of office.

This is also a clear violation of Mr. Rumley's oath to City, God and Country to uphold the United States Constitution.  Mr. Rumley fractures that oath with impunity and I will be delighted to point that out to a judge and jury in a public forum of an example of the unrelenting harassment I personally have faced from the city solicitor of Medford.  

A copy of Mr. Rumley's oath is attached.

On September 1, 2016 Judge Yee in Somerville District Court removed Mr. Rumley from the witness stand for testimony that was "irrelevant" - aimed at defaming me to help enable a stalker who has had to stay away from this person for four years now.  

City Hall was more than happy to have a violent stalker harassing me and, as Chief Sacco stated above, "you get the police service (protection) that you deserve" (none). "Sue me."   Rumley was removed, but he lingered with his friends on the board of MCC TV3 instead of going back to work.  Rumley invested taxpayer-funded time to watch me win in a court of law, and to hang around with the very board of directors that Rumley appointed himself to "investigate."  Rumley investigated the very board that he sat on, and then deep-sixed the investigation.   I will be happy to point this out in a court of law.

I will be suing the city of Medford for 1.5 million, unless my counsel advises otherwise, hopefully more.

What has happened to Joe Viglione is unfair and has caused me pain and suffering.  The article in the Medford Transcript on a possible jail sentence for the phony charges the Medford Police filed - received early January in 2016 - and the terror of being an innocent man in criminal court, and that the individuals involved did so, not to uphold the law, but because they have malice in their heart, is the tip of the iceberg.

On or about April 20, 2018 I was lied to by the Medford Police which caused me three days of emotional distress and harm.  I was physically assaulted, have the photographs, and was advised by a lawyer for the Christian Science Church that I have a very good case against those involved.  I will be talking to the church lawyers about whatever advice they can offer me in regards to that case.  You will be receiving a separate Presentment Letter for those particular issues as well.

The mayor's husband targeted me on October 15, 2015.   The mayor laughed at a sex stunt on October 15, 2017, two years to the day of her husband's wrongful conduct, the mayor engaged in her own wrongful conduct.  On October 16, 2017 the mayor censored me during a legitimate,scheduled speech to the school committee, and on October 17, 2017, the police chief threatened me with no police service "the police service you deserve. Sue me." different from the police service other Medford citizens receive. 

The timeline is chilling.   October 15, 2015.  October 15, 2017 and the two days that follow, more evidence that I have been targeted by government officials in Medford, and the pattern of non-stop, perpetual harassment is very clear.

Discrimination, Retaliation, Assault, Defamation of Character, Intentional Infliction of Emotional Distress, deprivation of rights, perpetual harassment, police harassment, enabling criminal behavior by a TV station manager I had to get to sign a promise, in court,  to stay away from me and my home (and he defaulted on the court case; a win for me by default,) the city lawyer - under subpoena by Joe Viglione in a civil case involving TV3 -  giving legal advice to the MCC TV3 lawyer after I had Judge Timothy Gailey remove the mayor's cousin-by-marriage, the TV3 lawyer.  My witness, Mark Rumley, who served on the board of TV3 at certain points in time, my witness giving legal advice to opposing counsel to get that counsel back on the case, my witness appearing conflicted and giving help to the other side that he was a board member of.

This is outrageous wrongful conduct, in my eyes, and shows the vile nature of the solicitor on a public TV board of directors whose goal, according to the Agreement, is to "facilitate" local programming and do "outreach."

How in God's name does a CORI check facilitate programming, or a CORI WAIVER form getting a resident to have to admit to staying away from children (???) when they are requesting to mail their program in. How does that "facilitate" programming?   How does that do proper "outreach?" 

Mr. Rumley's bizarre behavior can be discussed in a court of law, and as Rumley will be a defendant in this case, he should recuse himself from touching this case, as a consultant or as counsel, in my opinion.   I intend to be very firm about this point.

Expect two presentment letters soon, Attorney Scanlon.

I thank you for your time in reading this.  I have the utmost respect for you as a person and an attorney and only wish we had more public servants like you,

Janice Spencer and a few other praise-worthy employees at Medford City Hall.  I have found the Executive Assistant, Business and Cultural Liaison in the Mayor's office, Allie Fiske, to be highly professional, same goes for the new clerk Adam Hurtubise, Janice Joyce and her entire staff in the Registrars of Voters and Elections office, Shab Khan - Chief Budget and Procurement Officer - and her staff, and other individuals:  commendable public servants who actually serve the public. 

The city is best served with good, positive individuals who care about the residents.  It takes courage to take on city government.  In order for me to be able to respect myself, I need to bring the individuals who caused me so much pain and suffering to justice.  As one, honest court magistrate in a conversation regarding Ed Finn and Richard F. Caraviello said to me, this is the right direction to go.   

Respectfully,

Joe Viglione  

P.O. Box 2392

Woburn MA 01888