Solomon
Attorneys Release Statement on Larivier
trial
On Thursday, January 24, 2008,
a jury of eight citizens rendered a
unanimous verdict in favor of Joseph
Solomon and Joseph Alaimo in the United
States District Court in Boston in the
lawsuit brought by Maurice
Lariviere.
Each of Mr. Larivieres five
remaining counts was rejected unanimously
by the jury after they heard six days of
testimony and reviewed all of the
evidence. Joseph Solomon and Joseph
Alaimo concur with Judge Edward
Harringtons comments that the jurys
verdict was fair and was
well-supported by the evidence.
The jury clearly considered all of the
evidence, including: the graphic
mistreatment of Fulya Capanelli by Mr.
Lariviere shown on the videotape of the
events on February 16, 2005; the
audiotaped interview of Mr. Lariviere
during which he waived his right to an
attorney, his right to remain silent and
during which he requested that the taping
cease; and days of testimony about why
the criminal investigation into Mr.
Larivieres conduct between October,
2004 and February 16, 2005 was mandated
under the laws of the Commonwealth,
conducted in accordance with all
professional law enforcement standards
and entirely consistent with the oaths of
office taken both by Joseph Solomon and
Joseph Alaimo.
In reaching their unanimous verdict, the
jury was legally required to find that
Mr. Larivieres written resignation
was completely voluntary and was not the
product of any misrepresentation,
coercion or intimidation either by Joseph
Solomon or Joseph Alaimo.
The jury also necessarily discredited the
sworn testimony of Michael Wnek and
Michael Hatem regarding false statements
that they attributed to Joseph Alaimo.
Mr. Wneks testimony contradicted
his sworn testimony at a deposition in
November, 2006. Mr. Wnek did not report
the purported statement to any of the
prosecutors involved with this
investigation and did not include the
statement in any of his lengthy reports
created during the investigation.
The jury clearly concluded that Mr. Hatems
testimony was fabricated because records
demonstrated quite clearly that Joseph
Alaimo was on vacation and was not in
uniform, as suggested by Mr. Hatem,
on February 17, 2005 when the comment was
allegedly made.
Many of the deposition transcripts and
other relevant documents to the criminal
investigation into Mr. Larivieres
conduct have been filed with the United
States District Court and are public
records available for viewing. Joseph
Solomon and Joseph Alaimo urge any and
all of their fellow citizens who are
curious about the true facts of this
matter to review the transcripts and
other documents carefully.
The conclusion of this lengthy trial
brings three years of litigation to an
end for Joseph Solomon and Joseph Alaimo.
Because of the baseless lawsuit brought
by Mr. Lariviere, Joseph Solomon and
Joseph Alaimo have been maligned in the
public by Mr. Lariviere and have been
unable to comment due to the advise of
their lawyers to not comment on pending
litigation.
Mr. Larivieres lawsuit has cost the
taxpayers of Methuen dearly and his
actions will continue to cost Methuen in
related litigation. Mr. Larivieres
baseless allegations also have
inconvenienced a multitude of Methuen
government employees and have distracted
them from countless hours of work in
order to participate in this lawsuit.
Sadly, given his recent comments after
the jury returned a verdict that rejected
entirely his claims, Mr. Lariviere has
continued his attempts to defame Joseph
Solomon and Joseph Alaimo, personally and
professionally.
Whereas earlier the only response could
be to deny the assertions without further
comment, Joseph Solomon and Joseph Alaimo
now can point to the impartial verdict of
eight persons who sat in judgment of Mr.
Larivieres claims and saw them for
what they always have been: unfounded and
outrageous allegations not grounded in
credible evidence. Moreover, given the
evidence revealed publicly at trial, one
might think that there is no person less
worthy of casting moral judgment on
others than Mr. Lariviere.
Joseph Solomon and Joseph Alaimo would
like to thank all of their family and
friends for their support during this
trying litigation. They also would like
to thank the following witnesses for
testifying truthfully in a court of law:
Fulya Capanelli, David Bain, William
Manzi, Peter McQuillan, John Molori,
Thomas Kelly, Randy Haggar, Kristopher
McCarthy and Sharron Pollard.
-Gareth W. Notis, Morrison Mahoney LLP,
Boston, Massachusetts
-Andrew J. Gambaccini, Reardon, Joyce
& Akerson, P.C., Worcester,
Massachusetts
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