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Friday, September 23, 2011

MORE PIECES TO THE LIEUTENANT DAILEY PUZZLE

I know many of you are loving the use of the "alternative means" to bring you documents here.

The document below is another such case. It involves the Lt. Ed Dailey investigation by Captain James Bernier. The whole matter has the potential to be another legal mess costing the City substantial amounts to settle.

Last week I posted some of the documents I obtained through "alternative means" and many of you were surprised by the "one-sidedness" of Bernier's report. Dailey's rebuttal to IAD Commander Lt. Rob Davis seemed to raise more questions than provide answers as to how Bernier chose to leave much of the information that would have helped Dailey out of his "investigation".

Dailey's rebuttal memo was submitted to Davis after the previous IAD Commander Lt. Neville Brooks was removed under another questionable decision that also has the potential to cost city taxpayers substantially to settle.

Now another document has been given to me by "alternative means". In April, I made an FOI request to the city for "any and all documents" related to the Lt. Dailey investigation to an incident that happened on Rockville Street. No document, not even one piece of paper was given to me responsive to my request.

Hearing's were finished today before the FOI Commission, and the more documents I receive through "alternative means" that are relative to my request, it becomes much clearer how wrong this whole matter is and it seems to make the Rudewicz report pale in comparison. It also seems to make it clear why the City and HPD did not want the documents anywhere near my hands to be able to read.

I doesn't take a lawyer or a Judge to read Lt. Tedeschi's memo and realize that the Dailey investigation conducted by Captain Bernier was the furthest thing from fair and unbiased. It could be characterized as a witch hunt. I think the big question for me is that if Bernier was willing to leave out much of the information that would have cleared Dailey, a fellow police officer, to what length would he go if he wanted to slant a case against an average citizen..

The major fact in Tedeschi's memo is that even though Bernier kept referring to the crime scene and the assault, witness statements led to a different conclusion. There was no assault according to two witnesses, Tillie and John Pittman. A report by Officer Caron stated that the Pittman's witnessed the alleged "assault" victim fall down their rear stairs after he was pounding on their rear door.

Tedeschi also interviewed John Pittman and was told the same version, yet the Caron report was not included in Captain Berniers report, which would have seemed to show that no crime had even taken place to start with. Tedeschi, as Department Advocate, further states in his memo that Dailey's actions do no rise to the level of the charges lodged against Dailey.

It really makes me question the integrity of some at HPD and to the extent that some will go to carry out personality conflicts and vendettas. It also raises the issue of how a document such as Tedeschi's memo can be in existence, with apparently no action being taken against the original author of what now seem, most likely, to be false allegations against Lt. Dailey.

A call to Captain Bernier earlier this evening for comment was not returned.

Tedeschi Advocate Memo Dailey

2 comments:

Anonymous said...

Good job Marco, but not such a good job by Bernier. How did he make Capt.? Maybe he should suffer the fate he recommended for Daily, demotion.

Anonymous said...

It is disgusting that Captain Bernier would leave all this information out of his report. Bernier’s credibility issues are certainly mounting. It displays the attack mentality he has. When Bernier is under oath he will have to testify why he didn’t include this information in his investigation. He can’t say he didn’t read it, he can’t say he forgot. He can only say he left it out of his investigation because it didn’t suit his personal agenda. THIS JUST IN: I am told Bernier tried to do another attack job on Officer Pia and his accidental discharge, and that his memo from that investigation is just plain wrong. How long people? How many Bernier attacks will the PD tolerate? Nobody could possibly defend bernier's actions.