The Worcester Voice

Worcester District Attorney

John J. Conte

2 Main Street

Worcester, MA 01608

June 27, 2003                                            Certified # 70022030000226338019

Dear District Attorney Conte,

We seek to obtain an investigation into what is our opinion the action of perjury in the trial of Mr. Frank Garcia Jr. which concluded on June 26, 2003 in Fitchburg District Court.

During the trial of Mr. Garcia it was observed that Mr. XXXX XXXXX, Ms XXXXX XXXXn, and Mrs. XXXX XXXXXXXXX present false and misleading testimony.  It is unclear at the present time if ADA Anthony Marotta was aware of these actions but it is so noted that when ADA Marotta was informed by legal counsel that subpoenaed witness, Piccolo Mondo teacher, Karen Crumbley would be discrediting the testimony of parent XXXX XXXX, Ms Crumbley was not called as a witness during Mr. Garcia’s trial.

Mr. Garcia did accidentally touch tongues with XXXX XXXXX, XXXX XXXX was in the classroom room and observed this accident. In his SAIN interview, XXXX repeated exactly what Mr. Garcia testified to his statement was when the touching accident occurred with XXXX.  The XXXXXXX child did have an accident that was attended to by Mr. Garcia, with the mother’s reinforce this action by Mr. Garcia was bad, it then becomes highly subjective to the ability of this child to determine the intent of Mr. Garcia.

In addition based on the material that is available it is our opinion that Mr. David McGrath, Assistant Commissioner for Field Services for the Office of Child Care Services, (OCCS) set out on an intentional course to discredit the Picollo Mondo Learning Center in order to illicit public support for the prosecution of Mr. Garcia. These actions were conducted by initiating the filing of a fabricated 51A Child Neglect charge against Picollo Director Ms Cupo by Leominster Police Detective R. Gallant.  Detective Gallant states in his police report that he first called Lisa Cotter of the Worcester District Attorney’s Office, under the direction of OCCS Investigator Fernando Lazu, before filing the 51A Child Neglect report for protection of two children (XXXX XXXX, and XX XXXXXXX), whom Detective Gallant had not observed.  This report of child neglect is dated July 31, 2002 but does not appear in the Department of Social Service system until August 12, 2002 the same day as first parent’s rally at Piccolo Mondo Learning Center.

Due to the severity of these actions and the consequences of incarceration for Mr. Garcia it is our contention that an investigation by the Massachusetts State Police is required due to the involvement of local Authorities.  Documentation and individuals are available to provide information unknown to this sequence of events.

 Thank you for your cooperation on this matter.

Sincerely, 

Mary T. Jean

Enc:

cc: Senator Robert Antonioni

        Mrs. Maria Cupo