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Saturday, October 3, 2009

On the Brink of Collapse: Bad Roofs, Corruption and Murder IV

UPDATE: Please also check out my new book, The Definitive Dossier of PTSD in Whistleblowers by going to this link where in chapter three this case is explored in further.

In the world of New Hampshire politics, the Executive Council holds a great deal of sway. It's a six member panel that represents each of six regions of the state. One of their duties is to approve the nominations of Superior Court Justice nominees. On the 23rd of September, the Council held a marathon session that included a public hearing in which people could speak on both sides of potential nominations of a series of Superior Court Justices. One of the nominees is Marguerite Wageling. Marguerite Wageling is currently the Hillsborough County Attorney, the equivalent of a DA in most states. Wageling has held that post since the beginning of 2004. Wageling has the support of the state's main newspaper the New Hampshire Union Leader. The majority of the speakers at this hearing held a similar opinion to the Union Leader. One speaker in particular, however, saw it differently. That speaker was Gerard Beloin.

Gerard Beloin is a local area roofer but for about the last seven years he has been consumed by a story that has taken him away from his business and instead had him cross paths with the law, area politicians, and Attorney Wageling herself. About seven years ago, he bid on a project for Goffstown High School, a high school in a town that neighbored his own. In preparing for the bid, he inspected the roof. He found the roof was not only not up to code but constructed in a way that could cause it to cave at any moment. It was made of tectum which is a material that is strong initially but weakens when it gets wet. Years of rain had caused the tectum to weaken. Beloin informed the school board president, Dr. Craig Hieber. Dr. Hieber shared Beloin's concerns and began speaking with other members of the school board. Months later Dr. Hieber was found dead. The circumstances of that death appeared suspicious to Beloin and so he began carrying around a tape recorder.

Over the next few years, Beloin was able to tape local power brokers and others with connections to the political structure engaging in extortion, discussing arson, and alluding to murder. In 2005, he took all the tapes he had collected along with supporting evidence to his County Attorney, Marguerite Wageling. Wageling never prosecuted anyone on any of the recordings except for Beloin himself. She prosecuted Beloin because he had made these recordings without the permission of the other party.

Over the next four years Beloin has been in court several hundred times defending himself against these charges. The case has been thrown out on numerous occasions and often with prejudice. He was eventually convicted of a misdemeanor related to one of these charges and spent a day in jail. No one else on any of the recordings has ever been charged or convicted with any crimes.

Beloin told me that he feels that Wageling's handling of his case makes her unfit to be a judge and he wanted to play several of the recordings as evidence. Beloin was only able to play one of the recordings. That's because members of the Council began to object as they felt that Beloin was presenting evidence of a crime and not presenting evidence relevant to the proceedings. Beloin feels that the council didn't give him his right to the first amendment.

I spoke with State Representative Al Baldassaro, who signed in to the meeting in support of Wageling. He has been familiar with Beloin's case for more than two years. Back in 2007, Beloin brought many of the recordings to Baldassaro's office. Baldassaro is NOT Beloin's Representative but Baldassaro told me that at the time he was working on legislation that related to several issues that related to Beloin's case. When Baldassaro heard the recordings, he believed that something was "very wrong". Baldassora told me, "I don't think that Beloin is crazy" and "there is something seriously wrong here". Upon hearing the recordings, he forwarded them and all related evidence to the Attorney General's office. The AG of New Hampshire refused to prosecute and eventually joined in prosecuting Beloin for illegal recordings. Baldassaro said he was "in and out"during Beloin's testimony and didn't want to speculate on it specifically. He did maintain that in his opinion there's "something very wrong" but that he's also not a law enforcement officer and so not in a position to make the proper judgment.

I contacted all members of the council and was able to speak to Bev Hollingworth, one of the council members. Hollingworth told me that she felt that the council gave Beloin the same opportunity that all other speakers were given. She also told me that she wasn't sure how his testimony was relevant, but she also said that transcripts of all his recordings and a photo Beloin said he received anonymously of several severed heads were all entered into the public record. She also said that all his evidence was forwarded to the Attorney General of New Hampshire.

What follows is a transcript of Beloin's testimony and his interaction with the Council. Speakers include Beloin himself indicated by GB, Raymond Burton, a Council member, indicated by RB, Debora B. Pignatelli, another Council member, indicated by DP, and John Shea also a Council member, indicated by JS. In the recording that Beloin plays appears a local real estate investor, John Janiczek, and he is indicated by JJ.

RB: Now let’s go through the list of those would like to speak in opposition. The chair will call upon Gerard Molie

GB: Beloin

RB: Did I say that right? Is that correct?

GB: That’s Beloin. Beloin. Bear with me for just a second here. Um, I really don’t have much to say. I just have uh… something. My story is quite different than the ones you have been hearing. And I sent you all an e-mail containing links to these recordings last night. Councilor Pignatelli said she received it but didn’t look at it.

DP: Ah. Excuse me.

GB: Did I get that right.

DP: No. You did not get that right.

GB: I’m sorry.

DP: I received it. I looked at it. I tried e-mailing you back. It did not go through.

GB: I stand corrected. Um. Here uh. I have some transcripts. I want to quantify these uh transcripts before passing them out. They’re the official transcripts of these recordings from the Hillsborough County Court House. They have never been contested. Two judges at the Hillsborough County Superior C have authenticated them to be authentic. And one NH Supreme Court Justice has called them authentic. Nobody from the state has ever offered any alternative or transcribed any alternatives. They are the official court records concerning this case.
They are also available online if anybody else wants to see them. I have some extra copies to pass around.

In 2002 I competed for a construction contract in Goffstown. It was a $12 million contract in all. It was $1.5 million for the roof about. And um. I was not the lowest bidder. I lost the bid originally. I complained to Dr. Hieber, the Chairman of the school board about it. Uh, I showed him the… how the process, the bidding process is gamed and scammed by members of organized crime. Showed him the official report from the State of NJ Commission of Investigation of how the scam is run. Showed him letters from Mr. Doug Wicks who was the driving force behind the State of NJ Commission of Investigation. And all the State of NJ Commission does is investigate organized crime and racketeering as it applies to public corruption and law enforcement. He took my side of the issue. We were going to have the contract rescinded and assigned to me. That was our plan. He went to prosecutor Kerry Steckowych who was a member of the Goffstown School Board with his plans to go public with this. Shortly after that he dropped dead. Not long after that, one of his personal messengers came to see me and let me know in no uncertain terms what would happen to me at the hands of Prosecutor Steckowych and the Goffstown PD if I didn’t stop exercising my 1st Amendment rights.
On page one, uh… the first one says “Worry about somebody shooting you.” I believe that this recording starts right at the bottom where it says “JJ: They are worried now.”

RW: What are we doing here? ……Inaudible

GB: I just want.

RB: The Hillsborough County Attorney’s Office, how it would lead to Marguerite Wageling being a nominee to the Superior Court. And Uh, the Chair would request that you get right to the point. You are obviously listed as appearing in opposition.

GB: Correct.

RB: And this your submitting for our perusal and part of the testimony we are collecting here. I assure you that it will be looked at. Um and Um the question that we have before us as a body is do we vote yes or no on this particular Nomination. And over the years we sent and collect and receive through different media a lot of information and we have to boil it down at this table to a yes or no. In this case there is some ??? Gerry and.

GB: It’s Gerard.

RB: Um …Um…This is in support of your opposition.

GB: Uh, Yea. In support of my opposition. Correct. But the bottom line is that Attorney Wageling had all of these in her possession and did absolutely nothing about it. And you have to listen to this and this is members of organized crime, who, I’m not saying this, in there own words, describing what’s going to happen to me if I don’t stop exercising my 1st Amendment rights of speaking freely.

GB: I’m wondering if they’re sending a signal or (this is) just a coincidence.

JJ: No. They’re….

GB: …sending a signal?

JJ: They’re worried now. This (letter) will take that heat off of you and you won’t have to worry about somebody shooting you some night. It’s to your benefit, I’m telling you. These guys…, we may be a small town but we can think of some small towns where there are 5 or 8 hundred people and things like this happen where they shoot them. You got 18,000 here!

GB: Well, Dr. Hieber. He knew everything.

JJ: He knew what was going on and they said we better get rid of him.

RB: Was this information submitted to the Hillsborough County Attorneys Office to the desk of Hillsborough County Attorney Marguerite Wageling?

GB: By certified mail.

RB: By certified mail and it was acknowledged?

GB: No. There was never a response. What they did was they prosecuted me for making these recordings.

RB: An how did that come out of the. What decision did the court render?

GB: All charges were dismissed with prejudice.

RB: Okay. Um.

GB: What it is if you look online connected to that e-mail I sent you will see the 3rd MOTION TO DISMISS filed May 2006. After I filed that motion, prosecution defaulted on the motion. That prosecutor was fired. They hired another prosecutor. That prosecutor defaulted on the motion and then it went to a hearing and the prosecution defaulted at that hearing. The case was dismissed with prejudice. I have the recordings, the transcripts and then the court records were then falsified to show that the case was not dismissed with prejudice. So we’re looking at felony after felony, after felony of perjury, suborning perjury and conspiracy to commit perjury and nobody is doing anything about it.

RB: Did you refer and bring to the Attorney Generals Office of this state. Who under the constitution is the chief law enforcement officer of the state all of the information and if so if you care to tell this council how that was disposed of at the Attorney Generals Office.

GB: Yes. At the Attorney Generals Office I was assigned to Investigator G. Michael Bahan. G. Michael Bahan is the investigator who was in charge of investigating Judge John Fairbanks. He’s the one that said that Judge John Fairbanks had committed no crimes. Shortly after he said Judge John Fairbanks had committed no crimes, Judge Fairbanks was on the run from the law and on the FBI’s 10 most wanted list. In that meeting, Chief Investigator Bahan threatened me. I got it on tape. It’s on tape at the NH Attorney Generals Office. He threatened to have me arrested and prosecuted…. for complaining. For filing a false police report against Steckowych. Steckowych is threatening to kill me through his subordinates.
GB's note: G. Micheal Bahan is the same investigator Chairman Burton denigrated as being corrupt in the 1990's.

RB: Well, again, um I think that……

GB: I have the recordings. This is the last recording here.

RW: We can’t hear a court case here.

GB: It’s not hearing a court case. These are what we submitted to Marguerite Wagling to be investigated. This one is very simple. I’ll read it from the transcripts. This is an informant who knows

Informant: "He's talking about he's got a buddy out in the f***in boat in Gloucester. He's got a big 100 ft. f***ing fishing boat. He's talking about chumming people. He don't give a f**k. He's just the guy to do it man. I know his family. They're all crazy and they want a shot at whatever is going on so."

GB: They are discussing a hit contract being put out on me and the people that they want to share it.

RB: And you took all of this information to the Attorney General’s Office of this state.

GB: To the FBI. Attorney Pignatelli also.

RB: I believe, speaking for myself, not the other councilors, but I think we’ve heard your case, your situation if you want to put it that way. I’m satisfied that we can move on and it will be up to this council and Governor Lynch to call for a vote of confirmation on this particular nominee to the Superior Court.

GB: The reason why it matters is because Prosecutor Wageling or attorney Wageling was prosecuting me for making recordings of members of organized crime, I want to finish this. They’re talking about sending people up from NJ, the politicians, where they’re going to take me, cut my body up into little pieces, run it through a meat grinder and feed it to the fish in the ocean.

RW: Getting up quickly to leave.

GB: I know it’s uncomfortable Ray Wieczoreck but this is the truth.

RW: No. No. She’s calling me.

GB: I’m sorry.

RB: You believe that the law enforcement system, starting with the Attorney General. You were not satisfied with how this case was received. You are obviously are not satisfied with how it was prosecuted or dealt with through the court system of this state. Unless there is objections from members of the council, um I’m going to ask that this testimony to be terminated at this particular point. And I’m not going to ask the nominee to respond unless I’m overruled by the council. Under the rules of procedure, I can as Chair be overruled the members of this council.

GB: All I’m saying is that I’m not the one saying this. Investigator G. Michael Bahan was called a liar, politically corrupt, implausible, unbelievable, uh, uh, there 11 of them. I lost track of them. All by a Governor, Executive Council members, NH State Reps and NH State Senators, back in the 1990s. The same names. The same people looking the other way at heinous crimes being committed by people in power. Happening just a decade and a half later. The same names doing the same thing. When is everybody going to wake up??

BH: Can I just? If I could? We unfortunately can not do this at this time. This is … We hear what you are saying. We think that the candidate did not do her job. Ah and that therefore we should deny her nomination. Is that what your saying?

GB: No. I have.

BH: That’s all that we are here for. That’s all that we can address. We can not… This council does not have the law in which we can make a decision based on what you’re bringing here. All we can do is hear your objections to the candidate and take that under consideration. That is why, I believe is why, the Chair is saying we have to terminate this at this time.

GB: I agree with what you are saying. I’m just saying that she did not do her job. I have her on tape committing perjury and conspiring to commit perjury. I have that on tape on the Goffstown Town meeting.

RB: If you leave one copy of this with me I will put it in the messenger system asking the current Attorney General.

GB: I want you to see the last page. Somebody mailed that to me (photo of several severed heads spread out on the floor) after my appeal at the NH Supreme Court was accepted. They don’t want my head figuratively. They want it literally.

RB: This went to the Attorney Generals Office.

GB: No. No. They did not get this yet.

RB: If you leave your name and address, I will ask as chair of the proceeding here that the Attorney General respond if appropriate.

GB: Just Google my name you can get anything you want. It‘s now taking up 6 pages of Google. I have people setting up websites across the country looking into this and in NH, nothing but cricket sounds of silence. I’m asking you to do the right thing. Attorney Wageling has looked the other way.

RW: This is not the forum to do it.

GB: It is. She is being appointed to a judgeship when she looked the other way with these crimes, heinous crimes being committed.

RB: The Attorney General will look into this. We will send it over there. We will put your phone and address. And I will request a response directly to you, if appropriate, by the chief law enforcement officer of the State of NH, Attorney Michael Delaney and his staff. Now as far as I’m concerned, unless I’m overruled, this testimony is terminated.

DP: I’m not overruling this but I think we ought to hear Marguerite Wageling the opportunity to respond if she so chooses.

RB: If appropriate, it is my ruling that she not be allowed to respond. This is not a court proceeding here but our rules that we adopted on how these hearings are to be run the chair can be overruled. So if there are other councilors that want to hear from Marguerite Wageling then that’s the case.

GB: I appreciate you forwarding this to the NH Attorney Generals Office and I think that’s the right thing to do. But Attorney William Delker, sitting over there, I have on tape, one of his associates saying that he is committing perjury, suborning perjury and conspiring to commit perjury. So that’s what I’m getting at the NH Attorney Generals Office.

RB: Mr. Beloin your testimony is terminated. Give me your name and address and I’ll put it in your messenger system. As a matter of fact it will go the normal route and will be responded to if the correct mailing address is there if appropriate by the Attorney General of the State of NH.

GB: I appreciate that but they have refused to interview me over the past few years. They have never even spoken to me. So…

RB: Well, that will be the decision of our new Attorney General who was just confirmed recently.

GB: Hopefully. Allright. Well thank you.

RB: Executive Council? Am I overruled? Carry on. Your testimony is terminated.

GB: I just want you to look at this. This is the modern day equivalent of a horses head in your bed. Thank you.

Here's a link to audio that includes this exchange.


On a separate, though possibly related, issue, Beloin is currently in the middle of a criminal trial stemming from an incident in which a gun found in his computer bag set off a metal detector in the entrance of a court. That has its own complicated story and so I encourage all readers to click the link. Beloin has created a website to track his travails. It goes without saying that the site is one sided but is much more detailed than what is here. The Council is expected to vote on all the Superior Court Nominees on October 7th.

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