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Citizens for Limited Taxation

For as long as the police refuse to give me a straight answer on this harassment, I will consider Police Chief Steven Carl and his staff as a bunch of cowardly brown shirted thugs.

Complaint sent to Steven Carl and the Board of Selectman
  May 25, 2008 at 4:50 AM

Subject: I am being targetted by the FPD

This leaves very little doubt. This was very blatant.
If you have questions, you know how to contact me.
See you on Thursday.


I went to the Dunkin Donuts by the Mass Pike entry on Rt. 30 but found about what seemed to be four Framingham cruisers around it. Apparently, something had happened there. The doors were locked, so I left.

I took a left turn onto Rt. 30 (crossing the two lanes) and proceeded to the light at Speen on the left turn lane. I noticed one of these cruisers had also turned left and was behind me but not in the left turn lane.

The left turn light turned green and before I could proceed, the cruiser then turned left onto Speen swinging around me as I was proceeding into the intersection. Now the cruiser was ahead of me on Speen.

When Speen Street turns back into two lanes, the cruiser was on the left lane of Speen and I was on the right proceeding to take a right on Old Connecticut Path (heading home). The cruiser then takes a right onto Old Connecticut Path, as do I. The cruiser then pulls into the Shell station right after crossing over the Mass Pike, waits for me to pass and proceeds back (presumably to Dunkin Donuts) the way he came.

During this erratic driving by the cruiser (taking left turns from right lanes, and right turns from left lanes), its lights or sirens were not on. I did not get the cruiser number because it whizzed by me so quickly.

I would like to know every cruiser that responded to the Dunkin Donuts incident and each officer should be interrogated to find out which one exercised erratic driving to the Shell station to watch me.

I believe this officer should be fired for what (s)he did.. I suspect that I was being specifically targetted.

Update: May 25, 2008 5:20 AM

Returned to Dunkin Donuts hoping that whatever had happened had all gone away and I could get my coffee and wireless connection. No such luck. Three cruisers were now in the Dunkin lot

Cruisers in the Dunkin lot were 966, 942, and 953 Patrol Supervisor.
One Cruiser in Red Roof Inn lot was 940 (strange place to park).

Apparently, Dunkin's was robbed. No gun was shown but one was inferred.


From: Kenneth M. Ferguson
Date: Tue, 27 May 2008 14:48:38 -0400

Sir are sure the incident occurred on the 25th. We had a robbery at the DD at 4AM on the 26th


From: Harold J. Wolfe [mailto:hjw2001@gmail.com]
Sent: Tuesday, May 27, 2008 5:09 PM

http://www.framinghampd.org/dailylog/05_25_08.htm

0804048 04:36 ARMED ROBBERY: 692 COCHITUATE RD, DUNKIN DONUTS (SEE REPORT)
940: KEITH 942: VARGAS 966: VIZAKIS 953: STUART


From: Kenneth M. Ferguson
Date: Tue, 27 May 2008 17:23:08 -0400

Thanks for the clarification; we will be looking into the matter. Someone will contact you soon


Response from the police chief after a 29 day examination.
                              Framingham Police Department


        June 24, 2008

        Mr. Harold Wolfe
        Delmar Avenue
        Framingham, MA 01701

        Mr. Wolfe:

        Your complaint of May 25, 2008 was assigned to Sergeant Stuart for
        investigation.  Sergeant Stuart's inquiry revealed the Dunkin Donuts
        shop on Route 30 was robbed at approximately 4:36 AM (Case # 0804048).
        Four cruisers; 940, 942, 953 and 966 responded to the incident.
        The officers conducted a search of the surrounding area for vehicles
        and/or persons involved.  The officers conducted the investigation
        in a manner that provided for efficient and effective response to
        a serious incident.  The only "target" in the investigation was the
        suspect who was arrested for committing the robbery.


        Steven Carl
        Chief of Police


                               1 William Welch Way
                               Framingham, MA 01702
                               www.framinghampd.gov

General geographical location of complaint
My response to the chief on July 7, 2008
From: Harold J. Wolfe
Reply-To: hjw2001@gmail.com
To: Steven Carl
Cc: town.manager@framinghamma.gov, Town.Counsel@framinghamma.gov, Selectmen@framingham, rlodge@cnc.com, Holmes, Rick , dmcdonal@cnc.com, jhilliar@cnc.com
Subject: Your response to my complaint
Date: Mon, 07 Jul 2008 02:59:13 -0400

My complaint and your response is documented on this web page...

http://www.abetterframingham.org/police-complaint-20080525.html

Why did it take you 29 days to respond to my complaint and then provide me with this poorly written response. It seems that you could have sent me this the day after I submitted my complaint.

The incident I described in my complaint was a blatant attempt to harrass and intimidate me and had nothing whatsover to do with a more efficient way to find the suspect in the Dunkin Donuts robbery. You're suggesting that I do not understand when I am being harrassed and intimidated by the police.

There were four Framingham police cruisers at the Dunkin Donuts robbery. Strangely enough, Sergeant Stuart was one of them and acted as the Patrol Supervisor. Assigning Sergeant Stuart to write up the report on my specific complaint seems to be a conflict of interest since he could have been the one who followed me out.

I would like to request a copy of the report written by Stuart on my complaint which will of course name the officer that followed me out and describe in detail the reasoning for doing so and how this officer determined that I was not the correct suspect. I presume you did a thorough analysis of his actions such as why he thought I might be a suspect in the first place, and after following and observing me, he determined that I was no longer a suspect or target. I will be eager to see the analysis.

I intend to push this issue to higher levels, including the state, until I am offered a reasonable explanation of the officer's actions. I expect nothing less from a professional organization such as yours.

At minimum, I should be given the name of the officer that pursued me and whether he knew whose car it was that he followed. You know that my car is clearly marked with "ABetterFramingham.org" bumper stickers on both sides and the back.


I submitted a request to the Board of Selectman on the issue after that disappointing response from Carl.

  
                                            65 Delmar Avenue
                                            Framingham, MA 01701
                                            July 28, 2008
  
        Board of Selectman
        150 Concord Street
        Framingham, MA 01702
        selectman@framinghamma.gov
  
        I would like to request that Framingham's Board of Selectman
        provide me with a copy of a report written by the police department
        concerning a complaint I filed on May 25, 2008.
  
        I enclose a copy of the original complaint with this request and
        the police chief's response.  This information can be found at
  
        http://www.abetterframingham.org/police-complaint-20080525.html
  
        As all of you know, my car is clearly marked with
        "Keep Framingham Affordable, Lower property Taxes" bumper stickers
        on both sides and the back and is easy to identify.
  
        The police chief does not deny this incident occurred.
        The police chief's response came 29 days after my complaint was
        filed and was less than substantive.  I list a number of items that
        I would like addressed in order to accept the police chief's
        conclusion.
  
        1. What is the name of the officer involved?
  
        2. Is it standard policy for a police officer to race "ahead" of
           someone he wishes to observe as a potential suspect in an
           armed robbery?
  
           Can the officer get a better view in his rear view mirror from
           500 feet ahead of the suspect's car?
  
        3. Since he was driving ahead of me and there were at least three
           intersections and about five commercial driveways on Speen
           street, how did the officer correctly anticipate my path
           east bound on Old Connecticut Path?
  
        4. What did the officer observe that allowed him to make his
           determination that I was not a suspect in the robbery?
           What was the rationale for the decision?
  
        5. How many other cars leaving Dunkin Donuts that morning were
           pursued as potential suspects to the robbery?  Was I the only one?
  
        6. How do you address the all traffic violations of the officer given
           that his flashing lights or siren were off?
  
        Given that our police chief is known for his attention to details,
        I am sure that his report has covered these topics.  I look forward to
        your detailed response to these issues.
  
                                            Sincerely yours,
  
  
  
                                            Harold J. Wolfe
  

Response from the police chief on July 28, 2008

                               Framingham Police Department

        July 28, 2008

        Mr. Harold Wolfe
        65 Delmar Avenue
        Framingham, MA 01701

        Mr. Wolfe:

        Please be advised that based your concerns regarding Sergeant's
        Stuart's investigation into whether or not you were "targeted" by
        certain members of the Framingham Police Department, I have referred
        the matter to the Massachsetts Attorney General's Office with a
        request that they contact an independent investigation.  I will, of
        course, inform you of the results thereof.  However, the police
        reports which you have requested are exempt from disclosure under
        G.L. c. 66-10, pursuant to G.L. c. 4-7 (f), as they are "investogatory
        materials necessarily compiled out of public view by law enforcement
        or other investigatory officials, the disclosure of which materials
        would probably so prejudice the possibility of effective law
        enforcement that such disclosure would not be in the public interest."
        Consequently, I will not be able to produce them.

        Sincerely

        Steven B. Carl
        Chief of Police

                               1 William Welch Way
                               Framingham, MA 1702
                               www.framinghampd.gov


My response to the chief on August 2, 2008
In your first response to my complaint, you stated that the incident was merely a more efficient way to find a suspect. Now you are saying that this efficient way has been refered to the Massachusetts Attorney General. How suspicious is that?

You still refuse to identify the officer involved. Clearly, you are covering his identity because he violated a lot of laws. Just remember that you are the chief law enforcement officer in Framingham.

Perhaps you can provide me with a sneak preview of how the officer anticipated my turns. Did he know about me?

I have the names of the four officers. All I ask of you is to identify which one it was that pursued me. MGL 66-10 simply does not apply here.

http://www.mass.gov/legis/laws/mgl/66-10.htm

The names are already in the public domain in your log file.

However, MGL 4-f may apply.

http://www.mass.gov/legis/laws/mgl/4-7.htm

It would be difficult for your police force to do law enforcement if the residents learn about how the police harass and intimidate residents. I "really" dislike having civil servants harassing me.

How did you contact the Massachusetts Attorney General's office? By personal visit, by phone, by mail, or by email?

Who did you contact (specific name) in the Massachusetts Attorney General's office? If it was a written (non-verbal) request, may I have a copy?

On which specific date did you contact them?

What materials were submitted with your request AG's office? Was my web page that details the communications on this matter submitted?

http://www.abetterframingham.org/police-complaint-20080525.html

I would like to submit this web page to them so that they get both sides of the story. Not just your side.

Given your stubborn refusal to identify the officer who pursued me is sufficient cause for any reasonable person to believe that you know very well that this officer violated a number of laws and you are trying to protect him.

Letter sent to the Massachusetts Attorney General
                                               65 Delmar Avenue
                                               Framingham, MA 01701
                                               508-877-5541
                                               hjwolfe@gmail.com
                                               August 6, 2008  
  
  
  
        Office of Attorney General Martha Coakley
        One Ashburton Place
        Boston, MA 02108
        617-727-2200
        http://www.mass.gov/ago
  
  
  
        Dear Madam,
  
        I have been informed by Steven Carl, the police chief of Framingham
        that he submitted to your office a request for an independent
        investigation by your office of my complaint to his office.
  
        I wish to submit my views on the matter and they are fully documented
        on this web page.
  
        http://www.abetterframingham.org/police-complaint-20080525.html
  
        Please notice carefully all the links in the page that display
        two scanned responses from the chief.
  
        If you have any questions on the matter, please contact me
        at 508-561-8452 (cell) or at 508-877-5541 (home), or by email
        at hjwolfe@gmail.com
  
  
  
                                               Sincerely yours,
  
  
  
  
  
                                                Harold J. Wolfe
        
September 8, 2008: Second Request for information on Carl's complaint to the Attorney General
From: Harold J. Wolfe
Reply-To: hjw2001@gmail.com
To: Steven Carl
Cc: town.manager@framinghamma.gov, Town.Counsel@framinghamma.gov, Selectmen@framinghamma.gov
Subject: Police complaint from May 25, 2008
Date: Mon, 08 Sep 2008 04:48:31 -0400

On August 6, 2008, I requested that you send me information on who you contacted within Massachusetts Attorney General's office concerning my complaint.

The original complaint along with my request from you is completely documented on my web site at:

http://www.abetterframingham.org/police-complaint-20080525.html

Since you have not replied, can I assume that you do not intend to tell me anything about your alleged complaint to the AG's office? Please be kind enough to provide me with a response.

Again, I ask you:

How did you contact the Massachusetts Attorney General's office? By personal visit, by phone, by mail, or by email?

Who did you contact (specific name) in the Massachusetts Attorney General's office? If it was a written (non-verbal) request, may I have a copy?

On which specific date did you contact them?

What materials were submitted with your request AG's office? Was my web page that details the communications on this matter submitted?

What is the name of the officer that pursued me?

Harold J. Wolfe, 65 Delmar Avenue, Framingham, MA 01701
http://abetterframingham.org http://axe-the-tax.org http://no-more-overrides.org

I have a scheduled meeting with town manager Julian Suso on December 8, 2008 at 1030 on this matter.

Concerning my complaint of a police officer harassing me in 05/25/2008.

I would like a response to these questions.

  1. What was the name of the officer that pursued me?

  2. Why is his name being withheld from me six months after the incident?

  3. Did the officer know of me (by name)? My car is well marked.

  4. How did the police chief contact the Massachusetts Attorney General's office? By personal visit, by phone, by mail, or by email?

  5. Who did the police chief contact (specific name) in the Massachusetts Attorney General's office? If it was a written (non-verbal) request, may I have a copy?

  6. On which specific date did the police chief contact the Massachusetts Attorney General's office?

  7. Can I get a copy of Sergeant Stuart's report on the incident as it concerns me.

  8. Is it standard police policy for a police officer to race "ahead" of someone he wishes to observe as a potential suspect in an armed robbery?

    Can the officer get a better view in his rear view mirror from 500 feet ahead of the suspect's car?

  9. Since the officer was driving ahead of me and there were at least three intersections and about five commercial driveways on Speen street, how did the officer correctly anticipate my path east bound on Old Connecticut Path?

  10. What did the officer observe that allowed him to make his determination that I was not a suspect in the robbery? What was the rationale for the decision?

  11. How many other cars leaving Dunkin Donuts that morning were pursued as potential suspects to the robbery? Was I the only one?

  12. How do you address the all traffic violations of the officer given that his flashing lights or siren were off?

  13. What is the specific wording of the oath taken by a police officer?
On January 12th, 2009, I had a second meeting with Julian Suso. I had not received any answers from him since our December 8th, 2008 meeting.

It's becoming clear that Julian Suso is about as useful as a trunkful of decomposing squirrels.

Response from Julian Suso dated January 29, 2009
Mailed out on February 12, 2009
Received on February 15, 2009

I then filed a omplaint with the Middlesex County District Attorney
                                            65 Delmar Avenue
                                            Framingham, MA 01701
                                            March 5, 2009


        Middlesex County District Attorney
        63 Fountain St
        Framingham, MA 01702
        Attn: Gerard T. Leone Jr.
              http://www.middlesexda.com/
              508-875-4141

        Dear sir,

        Sed quis Custodiet ipsos Custodes?
        (Who shall guard us from the guardians?)
                 Roman poet Juvenal

        Included is a complaint to the Framingham police and assorted
        exchanges with Framingham's chief of police and town manager.
        The complaint is also documented at:

        http://www.abetterframingham.org/police-complaint-20080525.html

        My goal is to get the police officer who pursued me out of
        Dunkin Donuts to stand before a judge and explain his very peculiar
        behaviour when he pursued me, in the context of his law enforcement
        duties.  If I can understand why he did what he did and his actions
        were reasonable, then my complaint is not valid.  As it stands,
        it sure looks like harassment and intimidation to me.

        - If I file a complaint about the behaviour of a police officer
          and I am told that a report was written up concerning
          my complaint, why am I not able to acquire a copy of
          the report?

        - The excuse given to me by the police chief is stated below.
 
          The police reports which you have requested are exempt from
          disclosure under M. G.L. c. 66-10, pursuant to G.L. c. 4-7 (f),
          as they are "investogatory materials necessarily compiled out
          of public view by law enforcement or other investigatory 
          officials, the disclosure of which materials would probably
          so prejudice the possibility of effective law enforcement
          that such disclosure would not be in the public interest."

        - The police chief tells me that he submitted my complaint
          to the Attorney General's office but he refuses to tell
          me who he submitted it to.  Why?

        - I have the names of the four police officers at Dunkin Donuts
          05/25/2008 but neither the Framingham police chief 
          Steven B. Carl and Framingham's town manager Julian Suso will
          provide me with the name of the officer that pursued me out
          of Dunkins that morning.  Why?

        I am interested in getting a copy of the report written on this
        complaint and the name of the officer who pursued me.  Can you
        help me?

        I would very much appreciate a written response.

        If you have any questions, I can be reached at 508-561-8452 (C) or
        508-877-5541 (H) or via email at hjw2001@gmail.com
 
                                           Sincerely yours,



                                           Harold J. Wolfe
         

Send comments to: hjw2001@gmail.com