Framingham Police Department: Secret Key to Evidence Room

Framingham: Police chief says hidden evidence room key used as a backup and convenience measure November 5, 2016

Jeff Malachowski 508-490-7466 Metrowest Daily News

FRAMINGHAM - A hidden key Framingham evidence officers were previously able to use to access the department's evidence room through an outer door was used as a backup and convenience measure if they locked themselves out, Police Chief Kenneth Ferguson said in a press release Saturday.
"Although the matter remains under active investigation, at present, it appears that only the two evidence officers, who were authorized to access the evidence room, knew of the key," Ferguson said in the release. "All information suggests that this key was hidden as a backup means, and convenience measure, for these two authorized evidence officers to access the outer door if they had locked themselves out of their office."
Ferguson said his office immediately notified the Middlesex District Attorney's Office upon discovery of the key. The District Attorney's office sent out a discovery notice, in accordance with its legal obligations.
On Sept. 21, 2015, new security and access control measures were implemented, which included having the exterior evidence room door lock changed, so the key was rendered useless. There is and always was a security camera pointed at the evidence room door, Ferguson wrote.
In the release, Ferguson said he is unable to comment further because the matter remains under investigation.
In a notice sent to all defendants who face pending criminal charges filed by Framingham police Thursday, the Middlesex District Attorney's Office revealed that Framingham police officers were previously able to access the department's evidence room using the hidden key. According to a copy of the notice - obtained by the Daily News through a public records request - those who knew about the key could enter the evidence room without being recorded.
Once inside, officers may have been able to enter a secure area known as "the cage" where evidence is kept. Enclosed by wire mesh, the secure area was sometimes left unlocked, according to the notice. Other times, the key was left sitting in an open metal box.
The disclosure threatens to further complicate cases that may already be vulnerable because of questions swirling around the department's former evidence room supervisor.
According to the town's lawyer, in September 2015, authorities launched a criminal investigation into money that went missing from police headquarters after discovering empty police envelopes inside the vehicle of former officer Alan Dubeshter.
Framingham police immediately placed Dubeshter on administrative leave and notified the district attorney. The matter has since been transferred to investigators from Attorney General Maura Healey's office.
Dubeshter, a 30-year veteran of the department, was previously in charge of receiving, cataloging and maintaining evidence in criminal cases, as well as delivering evidence to various state labs for testing and destroying evidence from closed cases, according to town records.
Dubeshter resigned April 30, approximately seven months after being placed on administrative leave.

Framingham: Police chief says hidden evidence room key used as a backup and convenience measure	November 5, 2016
Jeff Malachowski 508-490-7466	Metrowest Daily News
FRAMINGHAM - A hidden key Framingham evidence officers were previously able to use to access the department's evidence room through an outer door was used as a backup and convenience measure if they locked themselves out, Police Chief Kenneth Ferguson said in a press release Saturday. "Although the matter remains under active investigation, at present, it appears that only the two evidence officers, who were authorized to access the evidence room, knew of the key," Ferguson said in the release. "All information suggests that this key was hidden as a backup means, and convenience measure, for these two authorized evidence officers to access the outer door if they had locked themselves out of their office." Ferguson said his office immediately notified the Middlesex District Attorney's Office upon discovery of the key. The District Attorney's office sent out a discovery notice, in accordance with its legal obligations. On Sept. 21, 2015, new security and access control measures were implemented, which included having the exterior evidence room door lock changed, so the key was rendered useless. There is and always was a security camera pointed at the evidence room door, Ferguson wrote. In the release, Ferguson said he is unable to comment further because the matter remains under investigation. In a notice sent to all defendants who face pending criminal charges filed by Framingham police Thursday, the Middlesex District Attorney's Office revealed that Framingham police officers were previously able to access the department's evidence room using the hidden key. According to a copy of the notice - obtained by the Daily News through a public records request - those who knew about the key could enter the evidence room without being recorded. Once inside, officers may have been able to enter a secure area known as "the cage" where evidence is kept. Enclosed by wire mesh, the secure area was sometimes left unlocked, according to the notice. Other times, the key was left sitting in an open metal box. The disclosure threatens to further complicate cases that may already be vulnerable because of questions swirling around the department's former evidence room supervisor. According to the town's lawyer, in September 2015, authorities launched a criminal investigation into money that went missing from police headquarters after discovering empty police envelopes inside the vehicle of former officer Alan Dubeshter. Framingham police immediately placed Dubeshter on administrative leave and notified the district attorney. The matter has since been transferred to investigators from Attorney General Maura Healey's office. Dubeshter, a 30-year veteran of the department, was previously in charge of receiving, cataloging and maintaining evidence in criminal cases, as well as delivering evidence to various state labs for testing and destroying evidence from closed cases, according to town records. Dubeshter resigned April 30, approximately seven months after being placed on administrative leave.

DA: Hidden key granted access to Framingham police evidence room November 4, 2016

Jim Haddadin 617-863-7144 Metrowest Daily News

FRAMINGHAM - With the fallout from a criminal probe into Framingham's former evidence room officer beginning to spill over into the courtroom, Middlesex County prosecutors disclosed new information this week that could hamper scores of additional cases.
In a notice sent Thursday to defendants, the Middlesex District Attorney's Office revealed that Framingham police officers were previously able to access the department's evidence room using a hidden key.
According to a copy of the notice - obtained by the Daily News through a public records request - those who knew about the key could enter the evidence room without being recorded.
Once inside, officers may also have been able to enter a secure area known as "the cage" where evidence is kept. Enclosed by wire mesh, the secure area was sometimes left unlocked, according to the notice. Other times, the key was left sitting in an open metal box.
Framingham police fixed the problem by changing the lock on or before Sept. 21, 2015, according to the district attorney's office.
After being notified of the circumstances last week, prosecutors began disclosing the information Thursday to all defendants who face pending criminal charges filed by Framingham police.
The information could provide a new avenue for those accused of crimes to challenge the evidence in their cases, said Peter Elikann, former chairman of the Massachusetts Bar Association's Criminal Justice Section.
"Even if there isn't proof positive that the evidence was tampered with, the integrity of that room is under such question that the reliability of evidence may not be able to hold up in a court of law," Elikann said.
The disclosure threatens to further complicate cases that may already be vulnerable because of questions swirling around the department's former evidence room supervisor.
According to the town's lawyer, in September 2015, authorities launched a criminal investigation into money that went missing from police headquarters after discovering empty police envelopes inside the vehicle of former officer Alan Dubeshter.

Framingham police immediately placed Dubeshter on administrative leave and notified the district attorney. The matter has since been transferred to investigators from Attorney General Maura Healey's office.
Dubeshter, a 30-year veteran of the police department, was previously in charge of receiving, cataloging and maintaining evidence in criminal cases, as well as delivering evidence to various state labs for testing and destroying evidence from closed cases, according to town records.
Dubeshter resigned April 30, approximately seven months after being placed on administrative leave.
Authorities have largely declined to discuss the probe, which has already led to the dismissal of evidence in at least one case.
According to court records, Middlesex County prosecutors were forced in August to drop several drug possession charges against a 56-year-old Framingham man after his lawyer successfully argued the evidence against him should be barred from trial.
The man was allegedly carrying a digital scale and three small ziplock bags of cocaine when Framingham police pulled over his Chrysler minivan on Saint Lo Street on March 21, 2015.
On Aug. 3, Judge Jennifer Stark allowed a motion from the man's lawyer to prohibit the state from entering drugs and any other items seized during the arrest into evidence.
The decision came after the state declined requests in May, June and July 2016 from the man's lawyer to provide information about Dubeshter's pending criminal case.
The man's lawyer requested Dubeshter's personnel file in December 2015 after learning about the investigation from a newspaper article. The lawyer also sought internal affairs reports and "any other information regarding (Dubeshter's) reputation for truth and veracity."
After the evidence was barred, prosecutors agreed to drop the drug charges. He was found not responsible for three other motor vehicle charges. A judge then ordered Framingham police in September to return the $2,358 seized from the defendant during his arrest.
Prosecutors are now notifying all defendants of the ongoing evidence room probe, according to Meghan Kelly, a spokeswoman for Middlesex District Attorney Marian Ryan. The DA's office is also furnishing copies of a Sept. 24, 2015 letter sent to Dubeshter by Chief Ken Ferguson regarding the investigation.
The Daily News last month requested copies of all such communications from the DA regarding the integrity of evidence stored at the Framingham Police Department. Ryan's office initially failed to respond to the request, prompting the newspaper to file an appeal with the Public Records Division in Secretary of State William Galvin's Office.
The newspaper also recently appealed a decision by Framingham police to withhold two audits of the evidence room conducted after Dubeshter was placed on leave. Police argued the records are exempt from disclosure because they pertain to an ongoing investigation, and could "potentially alert the suspect of the activities of the investigative officials involved and impede or taint the investigation."
The newspaper countered that Framingham police failed to sufficiently explain why the investigation would be impacted by release of the audits, and that the public interest in their disclosure outweighs the need to maintain secrecy around the one-year-old investigation.
Shawn Williams, an official in Galvin's office, ruled in the police department's favor, finding in an Oct. 18 decision that the audits can remain shielded from public view until the attorney general's investigation is complete.
A spokeswoman for Healey's office declined Friday to discuss the investigation, or to confirm its existence.

DA: Hidden key granted access to Framingham police evidence room	November 4, 2016
Jim Haddadin 617-863-7144	Metrowest Daily News
FRAMINGHAM - With the fallout from a criminal probe into Framingham's former evidence room officer beginning to spill over into the courtroom, Middlesex County prosecutors disclosed new information this week that could hamper scores of additional cases. In a notice sent Thursday to defendants, the Middlesex District Attorney's Office revealed that Framingham police officers were previously able to access the department's evidence room using a hidden key. According to a copy of the notice - obtained by the Daily News through a public records request - those who knew about the key could enter the evidence room without being recorded. Once inside, officers may also have been able to enter a secure area known as "the cage" where evidence is kept. Enclosed by wire mesh, the secure area was sometimes left unlocked, according to the notice. Other times, the key was left sitting in an open metal box. Framingham police fixed the problem by changing the lock on or before Sept. 21, 2015, according to the district attorney's office. After being notified of the circumstances last week, prosecutors began disclosing the information Thursday to all defendants who face pending criminal charges filed by Framingham police. The information could provide a new avenue for those accused of crimes to challenge the evidence in their cases, said Peter Elikann, former chairman of the Massachusetts Bar Association's Criminal Justice Section. "Even if there isn't proof positive that the evidence was tampered with, the integrity of that room is under such question that the reliability of evidence may not be able to hold up in a court of law," Elikann said. The disclosure threatens to further complicate cases that may already be vulnerable because of questions swirling around the department's former evidence room supervisor. According to the town's lawyer, in September 2015, authorities launched a criminal investigation into money that went missing from police headquarters after discovering empty police envelopes inside the vehicle of former officer Alan Dubeshter. Framingham police immediately placed Dubeshter on administrative leave and notified the district attorney. The matter has since been transferred to investigators from Attorney General Maura Healey's office. Dubeshter, a 30-year veteran of the police department, was previously in charge of receiving, cataloging and maintaining evidence in criminal cases, as well as delivering evidence to various state labs for testing and destroying evidence from closed cases, according to town records. Dubeshter resigned April 30, approximately seven months after being placed on administrative leave. Authorities have largely declined to discuss the probe, which has already led to the dismissal of evidence in at least one case. According to court records, Middlesex County prosecutors were forced in August to drop several drug possession charges against a 56-year-old Framingham man after his lawyer successfully argued the evidence against him should be barred from trial. The man was allegedly carrying a digital scale and three small ziplock bags of cocaine when Framingham police pulled over his Chrysler minivan on Saint Lo Street on March 21, 2015. On Aug. 3, Judge Jennifer Stark allowed a motion from the man's lawyer to prohibit the state from entering drugs and any other items seized during the arrest into evidence. The decision came after the state declined requests in May, June and July 2016 from the man's lawyer to provide information about Dubeshter's pending criminal case. The man's lawyer requested Dubeshter's personnel file in December 2015 after learning about the investigation from a newspaper article. The lawyer also sought internal affairs reports and "any other information regarding (Dubeshter's) reputation for truth and veracity." After the evidence was barred, prosecutors agreed to drop the drug charges. He was found not responsible for three other motor vehicle charges. A judge then ordered Framingham police in September to return the $2,358 seized from the defendant during his arrest. Prosecutors are now notifying all defendants of the ongoing evidence room probe, according to Meghan Kelly, a spokeswoman for Middlesex District Attorney Marian Ryan. The DA's office is also furnishing copies of a Sept. 24, 2015 letter sent to Dubeshter by Chief Ken Ferguson regarding the investigation. The Daily News last month requested copies of all such communications from the DA regarding the integrity of evidence stored at the Framingham Police Department. Ryan's office initially failed to respond to the request, prompting the newspaper to file an appeal with the Public Records Division in Secretary of State William Galvin's Office. The newspaper also recently appealed a decision by Framingham police to withhold two audits of the evidence room conducted after Dubeshter was placed on leave. Police argued the records are exempt from disclosure because they pertain to an ongoing investigation, and could "potentially alert the suspect of the activities of the investigative officials involved and impede or taint the investigation." The newspaper countered that Framingham police failed to sufficiently explain why the investigation would be impacted by release of the audits, and that the public interest in their disclosure outweighs the need to maintain secrecy around the one-year-old investigation. Shawn Williams, an official in Galvin's office, ruled in the police department's favor, finding in an Oct. 18 decision that the audits can remain shielded from public view until the attorney general's investigation is complete. A spokeswoman for Healey's office declined Friday to discuss the investigation, or to confirm its existence.

Letter: Trouble for Framingham PD November 20, 2016

Harold J. Wolfe 508-877-5541 Metrowest Daily News

In response to the Daily News article "DA: Hidden key granted access to Framingham police evidence room":
So far there is no record of the amount of money in the evidence room before and after Al Dubeshter's empty envelopes were found.
Brian Simoneau, the police chief's legal assistant, was paid over $120,000 in 2015 by the FPD and he seems to have a very significant web presence as a drunk driving lawyer. Just Google his name and consider possible conflicts of interests in his FPD employment. Town Meeting and the selectmen haven't and won't. Did we hire him from Dewey, Cheatem and Howe?
Our own town lawyer Christopher Petrini considers the FPD evidence room robbery to be an administrative matter. If I were a selectman, his continued employment would be an administrative matter. Dewey, Cheatem and Howe?
Then there is Ferguson's buddy and FPD spokesperson. Steven Cronin was also the commander of administrative services and Al Dubeshter's boss. Are we to pretend that he was squeaky clean and never knew of the secret key to the evidence room that may bring the holder undocumented riches?
Matt Gutwill, our better known drug cop, has filed a federal lawsuit against Framingham. One amusingly wonders if there was some sort of conflict as to who owned what in our evidence room.
Let's begin to conduct routine drug tests on our police officers and semi-annual finance audits to see if money appeared out of nowhere in any of their banking/investment accounts.
Just another day of corruption in Framingham.
Harold Wolfe
Framingham

Letter: Trouble for Framingham PD	November 20, 2016
Harold J. Wolfe 508-877-5541	Metrowest Daily News
In response to the Daily News article "DA: Hidden key granted access to Framingham police evidence room": So far there is no record of the amount of money in the evidence room before and after Al Dubeshter's empty envelopes were found. Brian Simoneau, the police chief's legal assistant, was paid over $120,000 in 2015 by the FPD and he seems to have a very significant web presence as a drunk driving lawyer. Just Google his name and consider possible conflicts of interests in his FPD employment. Town Meeting and the selectmen haven't and won't. Did we hire him from Dewey, Cheatem and Howe? Our own town lawyer Christopher Petrini considers the FPD evidence room robbery to be an administrative matter. If I were a selectman, his continued employment would be an administrative matter. Dewey, Cheatem and Howe? Then there is Ferguson's buddy and FPD spokesperson. Steven Cronin was also the commander of administrative services and Al Dubeshter's boss. Are we to pretend that he was squeaky clean and never knew of the secret key to the evidence room that may bring the holder undocumented riches? Matt Gutwill, our better known drug cop, has filed a federal lawsuit against Framingham. One amusingly wonders if there was some sort of conflict as to who owned what in our evidence room. Let's begin to conduct routine drug tests on our police officers and semi-annual finance audits to see if money appeared out of nowhere in any of their banking/investment accounts. Just another day of corruption in Framingham. Harold Wolfe Framingham

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