Lawsuits allege conspiracy and corruption by Town
Published on December 20th, 2000
STONEHAM, MA - Dead horses and dirty cops, federal agents asking questions... The real new millennium may start with a bang in this usually quiet town.
Donovan v. Town of Stoneham, filed in July of 1997, is scheduled for a Jan. 8, 2001, trial date if no settlement is reached.
In Donovan, the plaintiff Donovan family of 20 Emery Court in Stoneham, alleges that former selectman John Biggio of 26 Emery Court “...used his political influence as a member of the Board of Selectmen to deprive the plaintiffs, intentionally and illegally, of their constitutional right to due process, equal protection of the laws, and of their fourth amendment right to be free from unreasonable search and seizures and unlawful detention.”
In short, the Donovans allege that Biggio asked the police and building department to harass the Donovans about town code violations and antique license plates because John Donovan refused to sell his land to Biggio.
The defendants are Biggio, Police Chief Eugene Passaro, former temporary Building Inspector John Gregorio, the Board of the Health at the time: Michael Rolli, Louis Golini and Thomas O’Grady, Rolli as an individual, Biggio’s son-in-law Michael Bilbo and the Town of Stoneham. The defendants, in a response drafted by the Boston law firm of Taylor, Duane, Barton & Gilman, deny the allegations. Also counterclaims are made by the Town of Stoneham asserting code violations on the Donovan property.
The most eye-catching allegation made by the Donovans in their complaint is that Bilbo poisoned the Donovans’ horses. Two of the family’s three horses died in the months following an alleged threat. No proof of poison has been documented.
No criminal charges have been filed since the Donovans filed suit in 1997. Environmental Protection Agency Agent Lou Tomasello has been around town. He could not confirm nor deny the existence of an investigation by the EPA or any other federal agencies, but he did ask The Independent, “Who is asking you about an investigation?”
After former Stoneham Police officer Richard McDonough was given a light sentence in the U.S. District Court for six counts of tax evasion — just paying what he owed with no jail time or fines — the talk among townies was that McDonough gave federal prosecutors information about the Donovan case.
Assistant U.S. Attorney Victor Wild described McDonough as “very cooperative with the government... extremely helpful with other matters.”
But the only claims pending against the police department or any employees or officials of the Town of Stoneham in this case are civil, not criminal.
The defendants made motions for dismissal of the Donovans’ charges. On Nov. 30, District Court Judge Joseph Tauro denied the motions.
Donovan attorney Stephen Columbus said he did not anticipate a settlement.
Related case:
Columbus v. Town of Stoneham, also before Judge Tauro, was filed in 1997 and is listed in the U.S. District Court as “related” to the Donovan case.
In a complaint drafted by Stoneham attorney Sal Frontiero, plaintiffs Robert Columbus and his wife Margaret, allege that their civil and constitutional rights were violated as a result of then Building Inspector Robert Columbus’ refusal to harass the Donovans. Town Administrator Jeffrey Nutting suspended Columbus and replaced him with Gregorio in 1997.
Fifteen specific claims were made based on the constitutional rights of due process and equal protection and federal employment law. Columbus and his wife allege in their complaint that they have experienced emotional distress as a result of illegal activities of town officials conspiring against Donovan.
The original defendants in Columbus were Biggio, Nutting, Town Counsel William Solomon and the Town of Stoneham. All claims against Solomon have since been dismissed.
In their response, the defendants argue that the claims against them are baseless. The defendants filed motions to dismiss all 15 claims. Nine claims survived Judge Tauro’s scrutiny.
Court documents reveal that Judge Tauro wanted this case resolved by settlement or trial by February 2001.
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