November 12, 2014
Criminal complaints against Sergeant Michael Esposito, #123
MGL-263-2 False arrest (3 counts)
https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter263/Section2
MGL-265-37 Violation of constitutional rights
https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter265/Section37
MGL-269-13a Falsification of police report (5 counts)
https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter269/Section13A
MGL-272-99 Wiretap
https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter272/Section99
MGL-268
https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter268
MGL-268A
https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter268A
MGL-269
https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter269
Count 1: MGL-263-2 False arrest
My false arrest on the grounds of trespassing on private property when I was
in fact on public property (Burr Street).
Count 2: MGL-263-2 False arrest
One false charge of secretly recording the police (wiretapping).
One false charge of possession of a wiretapping device (a small recorder).
Every single cell phone is a secret recording device.
Which kind of explains why the court house no longer allows cell phones.
Count 3: MGL-263-2 False arrest
A false charge of being a disorderly person without specification of
what action I took that properly describes me as being disorderly.
Sergeant Micheal Esposito (#123) falsified most of the police report to
create an environment of danger to be used as a probable cause to arrest me
on the charge of trespassing given that otherwise there was no other
probable cause.
Count 1: MGL-269-13a Falsification of police report
He starts the report by stating a truck one quarter mile away allegedly crush
4 of the "protective plastic traffic barriers" (plastic orange barrels)
No truck license plate or description of this imaginary truck.
Count 2: MGL-269-13a Falsification of police report
Falsification of the police report in stating that there was
no protection for a pedestrian when there was both a curb and a guard rail.
I was safer at this point than most places within the shopping center.
I do not feel safe when I'm walking to my car thru the parking lot at
Shoppers World. He states that he had to get me over the guard rail to
the road. One can see a well worn path where I was standing. How come
there haven't been any arrests until I showed up there.
Count 3: MGL-269-13a Falsification of police report
Falsification of the police report stating I was dangerously close to
a truck. The term "dangerously close is highly subjective. Can you
specify that in feet or yards. I did not see a truck within
100 feet of me at the time of the arrest. Stating that I was
a distraction, but the cars going thru Burr street in both directions were
not a distraction. Sounds bogus. I was three feet behind a guard rail.
If the truck he describes was backing in at gate #2, the officer could
not have conceivably parked his cruiser where he did. It would be
a physical imposibility.
Five feet behind me was a steep
dropoff into a small lake (which was why the guard rail was there).
I did not sense any apprehension or feel any sense of danger and if I had,
I would certainly not be taking pictures with a camera near my eyes.
After all, I am 65 years old and you don't get there by being careless.
I did however sense apprehension when I saw a police cruiser with its
lights on come speeding in on my left and block one of the lanes in the
roadway. The officer came out and immediately (with great haste) approached
me. If there was a truck backing in as he claimed, then he could not have
parked his cruiser where he did without the truck crushing it.
Sergeant Michael Esposito better provide some very hard evidence to back
up his fabricated statements.
Count 4: MGL-269-13a Falsification of police report
Falsification of the police report stating that I was a danger to the
construction workers. How exactly was I a danger to the construction
workers? The construction workers were over 150 feet away. And the cars
passing by were not a danger to the construction workers?
Sergeant Michael Esposito better provide some very hard evidence to back
up his fabricated statements.
Count 5: MGL-269-13a Falsification of police report
Falsification of the police report stating that a large oversized truck
and trailer combination was attempting to to make his move and back into
the work site. There was no such truck, and apparently, if there was
such a truck, this truck was not a distraction or a danger to the
construction workers.
Less than a week before this Anthony Gines told me not to take pictures
of the construction and I told him to go to hell. When do Massport
personnel tell me to do something while I'm at a shopping center? Is
there yet another secret law?
Anthony Gines was the shop stewart for Consigli Construction, a contractor
working on behalf of Massport is complaining about someone standing on
Shopper's World property and complains to the Framingham police.
What authority does he have to complain about me
on someone else's property. I believe it should be someone from
Shoppers World complaining about me trespassing. Did any owner of
Shopper's World complain about me trespassing? No.
Sergeant Michael Esposito was targeting me for calling his wife
Sergeant Kathryn Esposito an escapee from the
Center For The Visually Unpleasant on a web page.
Immediately upon my arrest, Michael Esposito stated "OK, we got him!"
indicating that there was a plan in motion. Who was he talking to?
It seemed to be a very very odd remark to make. If he claims that I
recorded him, this remark should be in the .WAV file. All of his
chatter on police radio at that time should be reviewed. I suspect he
was talking to his wife, Kathy Esposito.
While handcuffed and standing next to him, I took note of Michael Esposito
looking at Sergeant Scott Brown taking pictures or video of me and said
nothing on his police report of this egregarious behaviour by a fellow
police officer. I guess Michael Esposito approved of Scott Brown's
behaviour.
I would like to have all voice transmissions by both Esposito's between
10:00 and 11:00 on October 29, 2014
After the arrest, Michael Esposito pulled me into the street where I could
have easily been run over by trucks and cars and did not feel safe.
Michael Esposito refers to the Shoppers World sign specifiying MGL 266 Sec 120D
but I fail to see what that has to do with my case. According to him,
anyone not specifically shopping is trespassing. This implies that
pedestrians, byciclists and commutters passing thru Shoppers World are
all trespassing. I love the capitalization of "ANY OTHER USE".
Trespassing
https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter266/Section120
https://malegislature.gov/laws/generallaws/partiv/titlei/chapter266/section120d
Disorderly conduct
https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter272/Section53
Wiretap
https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter272/Section99
Harold J. Wolfe
65 Delmar Ave
Framingham, MA 01701
508-877-5541
hjwolfe@gmail.com
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