Blue Mass Group

Reality-based commentary on politics.

Leominster Mom Fights Back

By

Daniel J. Shea, P.C.

1928 West Bell Street Houston, TX 77019-4814

Also Admitted in Massachusetts

February 16, 2006

Ms. Ann M. McCarthy

Deputy Legal Counsel

Massachusetts State Police

470 Worcester Road

Framingham, MA 01702-5309

Dear Ms. McCarthy,

Please be advised that I represent Mary T. Jean in matters set forth in your letter to her dated February 14, 2006, a copy of which is attached and incorporated herein for all purposes.

I have reviewed Mass. General Law Chapter 272, § 99 to which you make reference in your letter. I conclude that it does not even remotely touch Mrs. Jean’s activities. Thus, I have concluded that your self-described “cease and desist” letter, absent judicial authority, is an impermissible exercise of the Commonwealth’s police powers, chillingly, to effect a prior restraint on Mrs. Jean’s free speech which is protected under the First Amendment to the Constitution of the United States.

As you know, a constitutional matter of this kind is actionable under 42 U.S.C. § 1983. Thus, I am preparing, will file, and intend to pursue an action in federal court to enjoin the unlawful activities of the Massachusetts State Police in this matter. Accordingly, since the deadlines involved here are those which you have imposed, i.e. “within 48 hours [of Mrs. Jean’s] receipt of [your] letter from posting this [allegedly] unlawful tape on the Internet…,” I will make every effort to have our pleadings in your hands before a hearing before the Court which, if we are successful, may well occur on Friday, February 17, 2006. Thus, I hereby advise you to be prepared to appear in the United States District Court in Worcester, sometime tomorrow, to respond to Mrs. Jean’s application for a Temporary Restraining Order.

I am traveling from Houston to Worcester today and can only be reached at 832-647-3612.

Very Truly Yours,

Signed

Daniel J. Shea

Expect to see some coverage of this issue on TV and in the Worcester press. The Worcester Telegram & Gazette had a story Thursday. BTW: Daniel Shea isn’t the only attorney taking an interest in this case.

See an actual image of this letter at Ms. Jean’s site (www.conte2006.com). See more commentary at the blog Retire Conte in 2006.

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  1. Check this out in the T&G

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    Friday, February 17, 2006

    Leominster Web site operator to seek injunction: Video shows arrest of Northboro man

    By Richard Nangle TELEGRAM & GAZETTE STAFF
    rnangle@telegram.com

    WORCESTER— A Web site operator whom state police have threatened with a felony charge for posting a videotape of an arrest conducted by troopers connected to Worcester District Attorney John J. Conte’s office will be in U.S. District Court here today to seek an injunction.

    The video, posted at http://www.conte2006.com, shows troopers arresting Paul Pechonis at his Northboro home on Sept. 29 and then apparently conducting a search of the premises. The Web site operator, Mary T. Jean of Leominster, said she posted the video to show an example of abuse of police power. She said the video indicates that police did not show a search warrant as required.

    Ms. Jean Wednesday received a cease and desist letter from the Department of State Police giving her 48 hours to remove the video from her Web site, one that is critical of the way Mr. Conte and the state police who work for him conduct business.

    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.” Ms. Jean said she did not make the video tape.

    Ms. Jean has obtained lawyer Daniel J. Shea of Houston as counsel. In a letter to state police dated yesterday, Mr. Shea maintained that Ms. Jean had done nothing wrong and that state police, lacking judicial authority, were engaged in an impermissible exercise of police powers to effect a prior restraint on Ms. Jean’s constitutionally protected free speech.

    Ms. Jean, who runs the conte.2006 Web site, said she posted the video as part of her ongoing effort to portray the district attorney as a self-interested officeholder who uses state police inappropriately.

    State police spokeswoman Lt. Sharon Costine said that 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.

    “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.

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