Thursday, March 5, 2020

Retired Medford Police Officer Donald DiMare - Focus #1 on The L'Italien Report, Officer by Officer

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Exploring the Brady List and L'Italien Report - A Study by Joe Viglione

        Of the thirty Medford police officers on Middlesex D.A. Marian Ryan's Brady List of February 10, 2020,  twenty-seven of them were blacklisted because of "an investigation regarding time and attendance concerns for paid details which had been worked by members of the Medford police department."  That information is from the report by private investigator Paul L'Italien, a retired member of the Massachusetts State Police out of Pembroke, Massachusetts.  

       For citizens concerned if their constitutional rights have been violated the publishing of the L'Italien Report as well as Marian Ryan's Brady List is absolutely key.  So why haven't you read information on this subject matter prior to this article?
      A little background from Wikipedia is in order: "Brady v. Maryland, 373 U.S. 83 (1963), was a landmark United States Supreme Court case that established that the prosecution must turn over all evidence that might exonerate the defendant (exculpatory evidence) to the defense. The prosecution failed to do so for Brady and he was convicted. Brady challenged his conviction, arguing it had been contrary to the Due Process Clause of the Fourteenth Amendment to the United States Constitution"

      These documents are so important for citizens across America - and few people are actually aware of these lists, that the police unions would love to banish them.  Look at this January 13, 2020 article in the Arizona Mirror: https://www.azmirror.com/2020/01/10/bill-would-allow-for-brady-list-appeals-keep-list-of-dishonest-officers-secret/

House Bill 2114, introduced by Phoenix Republican Rep. John Allen, adds an appeal process for officers prior to even being put on that list as well as other additions, such as making it so an agency can’t use the list in hiring or firing practices. 

It would also exempt the list from Arizona’s public records law.

The largest law enforcement union in Phoenix, the Phoenix Law Enforcement Association, helped craft the bill and is its primary advocate.

“This is a huge scarlet letter for officers,” PLEA Executive Director Joe Clure said. 
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The Phoenix Arizona Patch had more essential information on the Brady List:

Rep. John Kavanagh, a Fountain Hills Republican and retired police officer, said the list is currently public record and not difficult to obtain.

However, ABC15 recently spent nearly a year making public records requests in order to create a publicly searchable version of the Brady List of Arizona officers for the first time ever.

The list, which contains 1,400 law enforcement officers, also contains the name of Rep. Anthony Kern, R-Glendale, who sits on the Public Safety Committee and voted in favor of the bill.  https://patch.com/arizona/phoenix/brady-list-bill-allows-appeals-dishonest-police-officers

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      Which brings us to retired Medford patrol officer Donald Dimare.    Keep in mind, on October 1, 2019 Police Chief Jack D. Buckley said to the citizens at a city council meeting "These are all good men and women."  Let's look at what the report from Paul L'Italien says about such "good" people who can ruin your reputation with false charges at any moment:

      1 count of Conduct unbecoming of an officer, 1 count Neglect of duty, 1 count ...serious breach of department policy an act that is "egregious in nature."

     Let us define egregious: " outstandingly bad; shocking."

     That the Chief of Police can call outstandingly bad, shocking behavior "good" with his "these are all good men and women" lie to the public is a dereliction of duty in and of itself.   Perhaps the Supreme Court allows officers of the law to lie during interrogations, but for a police chief to lie to the public is another kettle of fish.  It is patently dishonest - clearly and without a doubt. That's not abiding by the motto of "To protect and serve."  It is self-serving and certainly a good ingredient if any city lawyer or union rep was looking for a cover-up.

     This writer filed a public records request and the Medford city lawyer at the time, Mark E. Rumley, objected.  City Hall's first line of defense under former mayor Muccini-Burke via the assistant city solicitor was to say that this was a personnel matter.  I, Joe Viglione, noted that since the chief had already disciplined the officers and ostensibly got the money back, it was no longer that.  The city solicitor
himself then stepped in and said that since the Middlesex D.A. Marian Ryan was investigating, they wanted a reconsideration on the release of the L'Italien Report.  That stalled things for about 10 business days, but my position was unwavering...you could have 500 investigations, the public's right to know superseded these lame attempts to censor and cover up.  On or about November 16, 2008 Mr. Rumley - speaking to retired judge Marie O. Jackson-Thompson stated "“The one sentiment that I have heard that I take great exception to is that the city is trying to limit speech,” said Rumley. “The notion the city would censor or squelch free speech is baseless and as city solicitor I would find any such effort repugnant.”   Fact is, Mr. Rumley was the architect of censorship in Medford, so would it surprise you to hear it was Rumley alongside Chief Buckley at the podium on October 1, 2019 again not being forthright with the citizens of Medford?

       A number of death threats came to my voicemail on my phone via a blocked number.  One of the threats stated that the police have a "bounty" on my head.  Why all the anxiety over the release of this information if - indeed - these are all good men and women.

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Patrol Officer DONALD DIMARE RESIGNS 

       On December 1, 2018 the Medford Police Department's Twitter account noted: Medford Police "We may have lost two officers to retirement, but we gained a lifetime of knowledge, leadership and mentoring that our department’s officers will forever strive to follow. Thank you Patrol Officer Donald Dimare and Chief Leo A. Sacco, Jr. Two men who set the bar high in policing."

      These two individuals in particular, Dimare and the former police chief were knee-deep in the scandal as related by The L'Italien Report and a story on Sacco which followed - something that this writer publicly surmised, that Sacco knew more than he was telling the public.

     This writer had been tipped off that the timeline city hall gave us on October 1, 2019 at the city council may have been deceptive. Indeed, I alleged that the mayor - Stephanie Muccini-Burke, perhaps the city solicitor and certainly now-retired Police Chief Leo A. Sacco, Jr. must have known in advance if my tipster was correct.  Sure enough The Boston Globe reported on November 24, 2019 - almost two months after the Oct. 1 city council meeting, that Sacco knew and didn't do much about it:   "Weeks after news broke last year of a payroll fraud scandal within the State Police force, longtime Medford Police Chief Leo A. Sacco Jr. learned that about a quarter of the officers in his own department were allegedly padding their pay by either falsifying their hours or skipping out on detail shifts."  Sacco, no paragon of virtue, has a son working for the Medford police and another son working for the MBTA police.  Channel 5 reported that one of his sons, Joe Sacco, was not given a breathalyzer or a field sobriety test in January of 2017 when pulled over for alleged drunk driving.  When I announced the story to the Medford City Council on October 17, 2017 Sacco pulled me aside and threatened me with "the police service you deserve" (no police service while I was being stalked by a board member of the Malden TV station) and was outraged that I went after his family.  My response: "Leo, Channel Five, fair game."   This is the side of "Buddy" Sacco, the ex chief's long-time nickname, that residents didn't often see.  More like a buddy system rather than being a buddy to the residents of Medford.

      Leo Sacco knew and didn't do his job.  In my opinion, that's as much compensation fraud as anything his officers did.

      At this point a December 8, 2017 article in the Los Angeles Times explains a California problem with police officers, and how the Brady list is described as "secret"  https://www.latimes.com/local/la-me-sheriff-brady-list-20171208-htmlstory.html  It will enlighten our readers as to how deep this Alice in Wonderland of the thin blue wall actually goes, and it is chilling.

      The photo from the L'Italien Report here demands that we look at the chronicle of Dimare's actions:

Here's the Timeline on Dimare

March 8, 2018  Feeney work detail - Dimare is a no-show but puts in for 8 hours
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Dec.1, 2018   Medford Police Twitter notes Dimare is retiring along with Chief Sacco stating ""Two men who set the bar high in policing."
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Dec 4, 2018 the Medford Police Patrolmen's Association publishes on Facebook "Always a Gentleman, Ptl. DiMare ...was a role model and mentor to all of us."
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Dec 21, 2018 the Malden Observer writes of a 65 year old Donald Dimare involved in the large-scale betting scandal. "Dennis Wilcox, age 43, of Everett, Anthony Dimare, age 57, of Medford, Donald Dimare, age 65, of Medford, and John Whalen, age 52, of Medford, were each indicted on one count of Attempted Extortion.

We have a public records request in to the Medford police to see if it is the same Donald Dimare, the "gentleman," "mentor," "role model" that Chief Buckley said was one of "all good men and women."

October 1, 2019  Buckley makes the statement at the City Council of Medford.
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November 25, 2019  Joe Viglione publishes The L'Italien Report with the egregious finding by Detective L'Italien of Dimare's conduct unbecoming and neglect of duty.
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February 10, 2020  Joe Viglione publishes Middlesex D.A. Marian Ryan's Brady List 

      For my investigations I have received a pattern of harassment from the police that is absolutely chilling.  Free speech is a fundamental civil right and the police take an oath to "protect and serve." Daily Kos explained it in an Oct 13, 2014 article: " The words define the mission of the police, which is to "protect" citizens and "serve" the public. ... Too often they appear to mean, "to protect officers and serve the police force."   Indeed.   The oath to uphold free speech and the U.S. Constitution is flagrantly flaunted and denied citizens.

    The world is a better place with my release of The L'Italien Report and the Middlesex D.A.'s Brady List. 

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Medford Police Patrolmen's Association Facebook page of  December 4, 2018 · notes:

CONGRATULATIONS TO MPPA MEMBER PATROLMAN DON DIMARE.

Ptl. DiMare retired from the Department on Friday November 30, 2018 after serving for thirty-one years. Ptl. DiMare spent most of his thirty-one years working nights patrolling South Medford. His longtime partner Tom Fazio retired last October. The two were Legends of the Medford Police Department.

Always a Gentlemen, Ptl. DiMare served as a Field Training Officer for several years and was a role model and mentor to all of us.

Thank you Donnie for your commitment to the City of Medford, Medford Police Department, and the Medford Police Patrolmen's Association.

We wish you many years of happiness and good health in your retirement.
 Page 52 of The L'Italien Report