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Despite repeated warnings over the years from the state attorney general’s office that the confidentiality agreements were inappropriate, former attorney general Scott Harshbarger — brought in to conduct an outside review — found last December that the agreements were legal, if dubious. Harshbarger called for “care and prudence” in the future.

Pam Wilmot, executive director of Common Cause Massachusetts, offered a clearer assessment: “This is the people’s business that is being conducted in secret.” If only Harshbarger, who once headed Common Cause’s national office, had been as forthright.

Massachusetts State Police
Web activist threatened over online arrest video
Log on to Conte2006.com — a Web site operated by an antagonist of Worcester County district attorney John Conte — and you will see something unusual: streaming video of a man being arrested in his home.

Here’s something even more unusual: even though the video was posted with the permission of the arrestee, State Police have threatened Conte2006.com’s webmaster, Leominster resident Mary T. Jean, with arrest, prosecution, and up to two years in prison if she doesn’t remove it from her site.

The politics of all this are bewildering. Conte is retiring. Jean’s lawyer until recently was Daniel Shea, one of the candidates seeking to succeed Conte, and Jean is Shea’s former campaign manager. The man who is seen being handcuffed in front of family members, Paul Pechonis, of Northborough, has been charged with posting threats against Westborough District Court judge Paul Waickowski. The arrest, captured by a “baby cam” in Pechonis’s home, was carried out by State Police troopers assigned to Conte’s office, and is somehow supposed to demonstrate that Conte has used those troopers inappropriately.

Of more significance is that Pechonis and Jean believe the video proves Pechonis was arrested without a warrant. And that’s why this is an important issue. Since no one other than the State Police objects to the video’s being posted, we must assume that it is they who believe their rights are somehow being violated. But how can that be? They are seen carrying out their public duties: arresting a citizen and temporarily depriving him of his freedom. Our right to keep tabs on how the police use that power is vital.

US District Court judge Dennis Saylor has kept the video alive and streaming by issuing several preliminary injunctions. In an April ruling, he comes off as mystified by Jean’s and Pechonis’s motives but clear on the Constitution: “I confess that I … don’t understand why the arrest is really relevant to anything; but nonetheless, it is used by and intended by plaintiff [Jean] to be part of a political campaign or protest, and so it goes to the core of what the First Amendment is intended to protect.”

The case remains in the courts.

Ron LeClair and David Morissette
Peace is not a family value at Fourth of July parade
Give Ron LeClair at least a little credit. He could have come up with some phony reason for banning an anti-war float from last year’s Fourth of July parade in Winslow, Maine. You know: security, traffic, whatever. Instead, LeClair was right up front about his reasons.

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Related: The 10th Annual Muzzle Awards, Financial fallout, Living la vida Republican, More more >
  Topics: Media -- Dont Quote Me , Mitt Romney, U.S. Government, First Amendment Rights,  More more >
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Comments
The Ninth Annual Muzzle Awards
Thanks for including the MBTA in this list of Free Speech Abusers. While taking photos of the "T" no doubt makes some paranoid citizens nervous, and while the flap over the MBTA Photo Permit may strike some as an unimportant issue, I think it is important to stand up for artistic and documentary photographers' right to photograph in a public place like the MBTA system. Serious photographers should not have to go through a CORI criminal background check to get a permit, while tourists are unhindered by "T" employees when taking family snapshots. I applaud the ACLU for challenging the secret MBTA photo policy. I think Daniel Grabauskas needs rebuking, for insulting us and for being naive enough to think this inconsistent and unwritten policy increases security of the "T" and its passengers.
By Steven Keirstead on 06/30/2006 at 3:56:53
The Ninth Annual Muzzle Awards
Let's have an honorable mention for the Phoenix itself which allowed itself to be cowed by extremists and scared away from publishing the Mohammed cartoons. There's no censorship like that which comes with death threats. How did that not make the list, Mr. Kennedy?
By Pablo on 07/03/2006 at 12:01:29
The Ninth Annual Muzzle Awards
The state police want the video taken down because it shows them searching my home without a warrant. More disturing than that is the nature of the arrest. They charged me with "Threats to commit a crime" (a misdemeanor)all because I was speaking out against John Conte and the Westboro District court system on my website www.bonuskill.com. The video not only captures them violating my Constitutional rights, it also makes them look like heavy handed fools attempting to intimidate an innocent blogger and his family. Please watch and listen to the video, go to: http://www.conte2006.com Thanks..............Paul Pechonis
By bonuskill on 07/04/2006 at 12:28:01
The Ninth Annual Muzzle Awards
Having an opinion is one thing but not seeing that there can be to sides to every argument is ignorance. I am sure it easier to blame someone, namely GW, for you bad lot in life then it is to taker personal responsibility. So on the day the United States launches a shuttle as celebrates their heritage of libery and independence, a real tyrannt is threatening world safety and attempting to launch a nuclear program. Luckily, their nuclear program is only aimed at neo conservative and country club republicans.
By Freedom on 07/05/2006 at 1:26:44
The Ninth Annual Muzzle Awards
Man I hate liberals. I will never understand your priorities. My life comes first, end of story. So go ahead, GW, listen in on international phone calls, monitor international banking transactions, do whatever it takes to keep me and the people I care about safe. I'm not doing anything illegal and I'm certainly not aiding terrorists, so having the government keep an eye on my actions doesn't scare me a bit. The government is not stopping me from making my own decisions or living the life I choose to lead. If it ever should, I'd be the first to take a firm stand against my own government, regardless of who's in office. But until that day comes, keep doing what you're doing and watching over my top priority.
By Sanity on 07/05/2006 at 9:47:44
The Ninth Annual Muzzle Awards
pechonis... youidiot! your 15 minutes of fame happed YEARS ago. you think you're scary -- oooh bonuskill oooh -- you fool. get over yourself. you are nothing but angry little man -- maybe your mommy gave you a complex or your daddy kicked-the-bucket too young or your brother was a bigger idiot than you and OD'd or your sister is a wh__re or your kids rejected your sexual lunges (or not!) whatever... we're not scared - were just LAUGHING.
By youidiot on 05/10/2007 at 2:31:55

More Information
ARTICLES BY DAN KENNEDY
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