Adams' are Now Charged as Criminals with Larceny of Town Water for "Stealing" Town Water Services

The unsubstantiated criminal charges of "Larceny" against the Adams' (no eyewitnesses, no proof of municipal ownership, no easement, no copies of paid receipts, a case based on hearsay and warrantless police entry) are still pending.

ADAMS' TRIED TO PAY AN ESTIMATED BILL -- NOW THEY'RE CHARGED AS CRIMINALS -- BASED ON AN ESTIMATE?? Adams' January 16, 2007 letter to Ashburnham Board of Health Chairman Glenn Hathaway, requesting to have a water meter installed prior to letting in town water supply to their property, and questioning an inspection by James Garreffi of Nashoba Associated Boards of Health.

Adams' Discover the Route 12 Plumbing Permits Were Illegal

January 31, 2007 memo from Jim Garreffi stated that the Board of Health does not have to inspect the connection of houses to Town water. February 1, 2007 plumbing permit, signed by Chris Cuddy as the master plumber of Cuddy Bros., 19 Pine Cliff Road, West Roxbury, MA, listing his license number as #11467. February 12, 2007 Chris Cuddy called and stated that he was working with the town to plumb the houses on Route 12, and he passed into town hall, pulled permit on every huse on the street. After checking Plumber license #11467at the Official Massachusetts Division of Professional Licensure website, Adams' discovered that this license number does not belong to Chris Cuddy -- making the permit illegal -- Adams immediately informed Jim Zarozinski of the water department, and he gave this information to Ashburnham Town Administrator Kevin Paicos.

March 12, 2007 Adams' met for the first time with Don Ouellette of the water department, who stated that Jim and Rob Carolis can put in the water meter. Adams' discussed the fact that the plumber was not a licensed master plumber who signed the documents for permits. In fact, no Ashburnham Water Department employees are licensed plumbers.

March 19, 2007 Adams' met with Don Ouellette and informed him that the Boutwell Garage site is deemed an Imminent Hazard by DEP, and the Board of Health needs to come in, and they do not want to be party to a crime. Don stated that he would get a letter from the Board of Health to inspect and their reasons for the inspection -- instead Adams' were charged as criminals.

Adams' received a letter from Don Ouellette of the Town of Ashburnham claiming "Your water service was turned on without an inspection, licensed plumber, or the consent of the Ashburnham Water Department which is a violation of MGL Chapter 165 Section 11. I will recommend to the Water and Sewer Commissioner that you be fined $100 for this violation and that you be charged all costs associated with the disconnect of this service and that an estimated bill for the time April 24, 2007 to June 5, 2007 be assessed to your account." and "This action is necessary for the safety of the Ashburnham Public Water Supply."

The water supply was shutoff on June 5, 2007, and we received the certified letter the following day. We weren't fined, but instead charged with Larceny by Sgt. Todd C. Parsons.

June 11, 2007 at 12:13 p.m. criminal complaints of Ashburnham Police Sgt. Todd Parsons, charging Terri and Wayne Adams with alleged larceny under $250 victim Town of Ashburnham Water & Sewer Dept, charging Wayne Adams with alleged destruction of property under $250 wanton and felony assault charges with a dangerous weapon, a motor vehicle, victim Kevin Lashua.

The "probable cause" complaint based on hearsay evidence, no eyewitnesses to the alleged crime.

October 16, 2007 Winchendon District Court arraignment of Wayne Adams on charges of larceny under $250, and destruction of property -$250, according to MGL Chapter 266 section 30 if found guilty "...shall be punished by imprisonment in jail for not more than one year or by a fine of not more than three hundred dollars...or both..." and wanton MGL Chapter 266 section 127 if found guilty shall be charged with a "...fine of three times the value of the damage ... or by imprisonment for not more than two and one-half months ..."

Adams' Denied Their Constitutional Right to an Attorney

At a hearing held on Monday July 28, 2008 before Fitchburg Superior Court Judge Andrew L. Mandell, defendant Terri Adams stood up and demanded a lawyer because these charges carry up to a year in jail. Judge Mandell told her to sit down and denied her right to an attorney, stating "You're not going to jail." At a hearing held on Thursday July 31, 2008, Adams' put forthwith a lengthy witness list, stating that they had preference in 35 of the witnesses on the list. Adams' made it a note of record that the issues in this case are a matter of Federal Law, and that Fitchburg Superior Court is an Inferior Court pursuant to M.G.L. c. 211, and the fact that two Ashburnham Water Department Commissioners' names, as well as 22 public officials, were listed on the illegal gambling pool, and that Judge Arthur F. Haley had recused himself from this case on March 11, 2008, because his accountant's name was listed in the Adams' documents.

On July 31, 2008 Judge Mandell ruled that the Adams' could subpoena just 7 of the witnesses, and he refused to allow the Adams' to subpoena any of the Selectmen or Town Counsel or Town Administrators or the water main contractor C.J. Doherty. Judge Mandell allowed only 7 witnesses, including Jim Garreffi and Leo Collette, and he refused to allow the Ashburnham Board of Health members and he refused to allow the Ashburnham Water Department Commissioners relative to the illegal gambling pool. The "alleged victim" is the Town of Ashburnham Water & Sewer Department; thereby Judge Mandell knowingly and intentionally violated the Adams'
rights secured by U.S. Const. am. 6, and under the Confrontation Clause the Adams' have the right to a face-to-face confrontation and the right to cross-examine their accusers. Previously, in Open Court on July 31, 2008, Judge Mandell ruled in favor of the Adams' motion to receive all responses in writing; but thereafter when Adams' requested Judge Mandell to put his reasons for denying the Adams' request to subpoena the two Water Department Commissioners (related to the illegal gambling pool), Judge Mandell refused. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial and to have the assistance of counsel for
their defense, as secured by U.S. Const. am. 6, and (except for one specific hearing Adam' notated in writing), the Adams' have not signed a waiver of any of their rights. Judge Andrew L. Mandell stated that "he" will hear this case himself, and he scheduled a Trial Date of October 14, 2008.

Assistant District Attorney David P. Feraco, from the same Worcester County District Attorney's Office of Joseph D. Early Jr. who refuses to take action against numerous state and local officials -- with verified bona-fide proof of higher crimes -- is now forcefully pursuing unfounded "Larceny" charges against the Adams', with the threat of up to a year in jail -- for stealing town water?

Click here for a timeline of more information about the issues at 57 Fitchburg Road, Ashburnham, MA in Worcester County, North Central Massachusetts.

In Ashburnham Police Sgt. Todd C. Parsons' Report April 9, 2006 the Affidavit of alleged victim Doug Cormier stated that he (Doug) had

"...turned him (Wayne Adams) around and pushed him down my stairs with my hands and followed by my slippered foot"

yet Sgt. Parsons inexplicably charged Wayne Adams as the "criminal" indicating that Wayne Adams was "arrested" which was a false report, and the witness was Richard Boutwell, owner of Boutwell's Garage.

Adams' report "lawful" Gang Activity by state and local political officials to the United States Attorney's Office in Boston. Click here to read the U.S. Attorney complaint
(13 MB PDF)

The Westminster Police Report Adams' found out about and obtained on March 23, 2007 indicated "No Victims Reported" and "No Incident Offenses". Wayne Adams was represented by Attorney Leonard J. Staples at the trial held in Fitchburg District Court Docket #0670CR000283 on April 25, 2007 before Judge Elliot Zide. Witness Richard Boutwell (owner of Boutwell's Garage) stated that he

"invited him (Doug) over my house and gave him a drink of water"
and when asked if he owned Boutwell's Garage he stated
"I did."

The Judge stated "This is an enormous issue... Very, very hot stuff that's ongoing... It's a VERY complicated problem" and found Adams not guilty because he could not find that Adams committed a crime.

March 24, 2007 Letter received by Sgt. Parsons "Terri voiced concern that a mother and child should not have to live in fear." and Officer Siano stated there is no crime here and threatened to arrest Terri's husband in front of their daughter. March 24, 2007 Sgt. Todd C. Parsons Ashburnham Police report "Terri explained that she felt this was intimidation and needed to be addressed" due to concern for her and her 10-yr-old daughter. Parsons report states "No Crime Involved", and previous incident reported April 15, 2006 concerning stalking of Terri and her young daughter.Parsons report states "...he was just driving by... and ...Neighborhood Dispute"

Adams' discovered on March 23, 2007 in the Westminster Police report by Officer Dan Donahue stating no arrest and no victims for that incident. The day after they received the March 23, 2007 Westminster Police Report, the stalking began again. Adams' then reported their ongoing concerns on March 24, 2007 to Sgt. Capps of the Massachusetts State Police, Athol, MA, who instructed the Adams' to contact Lt. Richard McKeon of the State Police Detective Unit in Auburn, MA.

Adams' April 2, 2007 letter to Board of Selectmen requesting to be placed on the agenda, detailing concerns about a March 24, 2007 incident, and ongoing intimidation to Terri and her 10-yr-old daughter, and Police Chief Barrett's response "Get out of here! I'm not going to waste my time!" There has been no response from the selectmen.

Adams' May 14, 2007 fax sent to MA state police trooper Nick Nason at the State Police Detective Unit in Auburn, MA, regarding the March 24, 2007 incident, as well as the Lions Club Super Bowl Pool information and Selectmen Attorney Jonathan M. Dennehy's statements made on his website "There were at least a dozen people that I talked to afterwards that were willing to do bodily harm to Mr. Annoyance if he had succeeded. I am not a violent man, but I probably would not have stopped them if they had made him pay for his latest annoying stunt... :)" and we are in possession of the CD of the May 5, 2007 annual town meeting and it is clear that Wayne Adams (Mr. Annoyance) questioned the quorum, and Terri Adams tried to second, but was ignored by the Moderator Dave Uminski. The Illegal Gambling Pool Square #25 has the name Jonathan Dennehy and Square #53 has the name Dave Uminski.

Adams' May 14, 2007 Sergeant Robert C. Brennan Jr. Ashburnham Police Department report of a threat of bodily harm "...in my opinion the statement does not rise to the level of probable cause to file a complaint for assault."

Adams' contacted the Massachusetts State Police Detective Unit regarding the alleged violations of the Massachusetts Gaming Lawsposted on the Internet, as well as an alleged threat to do bodily harm to me on the Internet, which appears on Attorney Jonathan Dennehy's website under Ashburnham Annual Town Meeting, paragraph 4.

April 27, 2007 Letter to C. Deborah Phillips Adams' attempts to enforce removal of the contaminated fill.

Adams' Made Case Law in Septic System Lawsuit
Defendant Steven J. Whitman (Adams et. al. v Price et. al.) claimed abuse of process and the Adams' were denied a special motion to dismiss this countersuit pursuant to the anti-SLAPP statute. Thereafter, the Appeals Court ruled in the Adams' favor, stating that the Adams' claims did, in fact, have an arguable legal basis and reasonable factual support, see Adams v. Whitman, 62 Mass. App. Ct. (2005) Docket #03-P-748.

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