Framingham Police Department:


Wolfe files private criminal complaints against three cops November 19, 2014
Norman Miller 508-626-3823 Metrowest Daily News
Wolfe files private criminal complaints against three cops

FRAMINGHAM -- Private criminal complaints filed by a frequent police critic against three Framingham Police officers are baseless, the Framingham Police chief said.

Framingham Police arrested Harold Wolfe, 65, on Oct. 29, and on Tuesday, he filed the criminal complaints against the officer who arrested him, Sgt. Michael Esposito, as well as Sgt. Kathy Esposito and Sgt. Scott Brown.

"I think his complaints are retaliatory because he was recently arrested," said Chief Ken Ferguson. "He likes to make frivolous complaints against the police. I think Harold Wolfe is a serial complainer who launches serial complaints against the police department to cause a loss and we're not going to entertain them any longer."

Citizens can file private criminal complaints in a district court. However, it does not mean that criminal charges are filed. The complaints are heard in front of a clerk magistrate in a show-cause hearing. The clerk decides if there is probable cause for the charges, and if so, the case is then heard in front of a judge.

Wolfe, 65, said he filed the charges because he felt he was wronged when Mike Esposito arrested him for trespassing, disorderly conduct and unlawful secret recording. Wolfe alleges three counts of false arrest, five counts of falsification of a police report, violation of his constitutional rights and wiretapping.

Esposito said Wolfe was taking photos of work being done on the new Logan Express area being constructed at Shoppers World, and was causing a hazard. When ordered to leave, Wolfe refused and was arrested.

"He fabricated this whole story," said Wolfe. "He totally made up this story. It's all (expletive). I want him in court and to explain to me every line of that police report."

Against Kathy Esposito, Wolfe has claimed a violation of his rights and stalking/intimidation. Wolfe claims that, after his arrest, he returned to Shoppers World to get his car and was taking photos of the Logan Express again when he saw Kathy Esposito walking toward him.

Wolfe said Kathy Esposito only walked toward him to harass and intimidate him.

Wolfe's complaint against Brown alleges wiretapping and violation of his constitutional rights. He claims Brown took a video of him while he was being arrested.

This is not the first time Wolfe has filed a private criminal complaint against a Framingham Police officer. In 2009, Wolfe filed a complaint in court against then-Deputy Chief Ferguson, who Wolfe claimed grabbed his wrist as he tried to enter a courtroom. Ferguson said he was asked by a court clerk to clear a courtroom and touched Wolfe's arm to escort him from the court. A clerk magistrate found no probable cause for charges.

Ferguson said he expects the same thing to happen in this case.

"I think Harold likes to retaliate," said Ferguson. "He's never happy with the police."

Wolfe said he does not know if the officers will be charged, but he said it will allow him to question Michael Esposito.

"At least they'll have to go in front of a magistrate and I'll be able to ask Michael Esposito about his allegations," Wolfe said.

Wolfe is due back in court on Dec. 8 for a pretrial hearing in his case. The clerk magistrate hearing is scheduled for Jan. 27. Magistrate hearings are not open to the public.

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