By Jose A. Ayala
MONDAY SEPT 22, 2014: Canceled.
TUESDAY, SEPT 23, 2014
The jury was finally selected in the second round after assessments and individual questioning by two judges with the defense and the prosecution present. In total 14 people formed the jury: 9 women and 5 men. By their physical traits, 9 women and 3 men appear to be of the white race (although some people thought one of them to be a Latina), and 2 men appear to be minority (one Black and one that could be Hispanic, Italian or Middle Eastern).
Then Judge Timothy Fooley gave appropriate instructions to the jury, including not talking to anyone about this case, enter the internet, hear no radio, no watching TV, no chat on social networks and exchanging messages on Facebook, especially anything that has to do with this case, even with family.
The prosecution is represented by three Essex County assistant prosecutors, including Michael Sheehan, the same as was in the case of Lenny Degnan, charged and convicted of a separate corruption case. The official defense attorney for Melix Bonilla is Alex Cain of Andover. This first day, Melix Bonilla looked relaxed and positive.
Bonilla, who served as Deputy Chief of Police in Lawrence under the direct supervision of former Police Chief John Romero is accused of allegedly trading 12 vehicles seized during police operations against the crime world for 4 Chevrolet Impalas to local dealer Santo Domingo Motors.
Bonilla has pleaded not guilty.
In the list of 40 witnesses is one key part of the prosecution: Jay Jackson, former Assistant Police Chief Lawrence canceled after complaints auxiliary officers that he sexually harassed. Still the results of an internal investigation by the Lawrence Police are expected.
Other key witnesses are former police chief, now retired, John Romero, who now resides in California, and the owner of Santo Domingo Motors, Bernardo Peña. All three are scheduled to appear in court this Wednesday, September 24, but before that happens, the defense and the prosecution must present their opening arguments to the jury.
WEDNESDAY, SEPT 24, 2014
Lawyers present their opening arguments to the jury.
Bernardo Peña testifies.
The first witness to be called to the stand is Bernardo Peña, owner of Santo Domingo Motors of Lawrence. The prosecution began by showing Peña documentation (such as titles and receipts) of the 12 police vehicles, not 15 as had been claimed at first, and were exchanged for four Chevrolet Impalas between 2010 and 2011.
Peña said that all vehicles were in need of repairs to be able to sell them. Among these vehicles, there were a Buick Century 2000 and he had to invest a $925 in repairs; Volkswagen Jetta, $ 950 in repair; Toyota Camry 1987, $625 in repair; Toyota Camry 1996, $825 in repairs and Toyota Camry 1999, untitled and Peña was able to sell it for $3,500.
When asked to defend who was his contact during the exchange of vehicles, Peña said, “Officer Jay Jackson.” He continued, “I talked to him often, almost daily. I met with Officer Jackson at the police station. He checked the vehicles and was the one who later came to my business and handed me the documents and the keys to the 11 vehicles”.
“Wait, you said 11 vehicles? Were not 12 vehicles that the police would be delivering,” asked Attorney Alex Cain.
“Yes, they gave me 12 vehicles, but then an officer called me by order of the Chief Romero to inform me that the 2001 Acura had a ‘hide-out’ and went to pick up the vehicle to solve that problem. He explained that a ‘hide-out’ is a secret compartment made by traffickers in vehicles to hide drugs,” Peña said.
At the insistence of Attorney Cain, Peña said it was Chief Romero who instructed Jackson for that car not to be sold until the ‘hide-out’ was corrected.
He said that the total vehicle repairs came up to about $11,000 and after selling them he had a total gain of about $29,000.
He said each of the Impalas were handed over to police almost new, with low mileage had were properly equipped and were inspected by the Officer Jay Jackson who gave final approval for the exchange. “Jackson was the Officer who ran the show,” Peña said.
Responding to a question about his contact with Bonilla during the elections of November 2009, Peña said there was never any interaction with Bonilla on this matter. He also denied allegations that there were trips to Dominican Republic to talk about it.
John Romero testifies.
Initial questions to Romero began with the prosecution asking the witness to introduce himself and what he does. “My name is John Romero. Currently I work as Consultant for Public Safety. I worked as Chief of Police of the City of Lawrence since 1999 for a total of 15 years until my retirement last year. I used to work for the NYPD assigned to the Washington Heights section where I was for 29 years.” Those were Romero’s opening words. He added that when he arrived in Lawrence, he found 148 officers and a budget of around 10 million dollars. At the time of his retirement, he had only 124 officers and a budget slashed due to budget cuts.
Romero talks about Melix Bonilla.
Romero said he met Melix Bonilla since arriving in Lawrence in 1999, and at the request of Attorney Cain, Romero explained Bonilla’s responsibilities: “Officer Bonilla was a Sergeant and was responsible for overseeing the allocation of permits and licenses to taxi drivers and others involved in the transportation business. Part of his job was to check the criminal and driving records of applicants, among other assigned duties,” Romero said.
Romero explained that it was Chief of Staff Lenny Degnan who gave him official notification that Mayor William Lantigua was letting him know that Melix Bonilla would be promoted to Deputy Chief of Police. He added that he was opposed to Bonilla’s appointment for not having the experience or qualifications for a position of much responsibility. He added that Captain Mike Driscoll was his favorite as Deputy Chief of Police for having the experience and had attended the FBI Academy. He said he did not trust Bonilla for his friendship with Mayor Lantigua.
When asked by the defense whether Bonilla had an office assigned as Deputy Chief of Police or at least a desk next to the Chief of Police, Romero said, “No, he remained in the office he always had on the first floor of the building. I repeat, I had no trust in him because of his proximity with Mayor Lantigua,” said Romero.
Romero speaks on vehicles
Romero said it was in April 2010 when the Deputy Bonilla went to his office to propose the reorganization of the fleet of police vehicles because, according to him, they should get rid of some vehicles that were not useful as well as others for which they were paying insurance and were not safe to use.
Romero acknowledged Bonilla’s concern to save taxpayers money while making good use of the vehicles in the Department.
After being questioned by the prosecution, Romero explained the process to handle vehicles seized should be by notifying the District Attorney’s Office (DA) advising of the vehicles planned to be sold. They then send an “award letter” which states that 50% of the proceeds must be submitted to that office.
Romero said he did not agree with the trade without first assessing the vehicles for the exchange given the fact that Jackson was the “Facilities Director”. Jackson also instructed to go to Santo Domingo Motors to review the vehicles that were being exchanged.
When asked by Attorney Cain about how many times Jackson went to Santo Domingo Motors to meet Mr. Abelardo Peña, Romero said he was not sure, but it was several times and were mostly in July 2010. Romero said that according to the information Jackson supplied to him, it was not a good trade. He added that Jackson only saw two vehicles.
Attorney Cain immediately asked: “Why didn’t you intervene as Chief to stop that deal?”
“I wanted to give confidence to the defendant (Bonilla) for his initiative.”
And the lawyer attacked again: “How did the FBI and the media got involved in all this?”
The FBI and the Press
Romero confessed that it was he who spoke to the FBI about what was happening and said Bonilla as was the originator of the idea of trading vehicles without informing the District Attorney’s Office as the law requires. He called for an investigation.
Attorney Cain then added, “Here I have reports that you leaked information to The Eagle-Tribune and WBZ Boston about this situation.” Romero did not respond. “You even steadily passed information to the media without even reporting what happened to your boss, Mayor Lantigua and the Chief of Staff, Lenny Degnan and not the city attorney. Everyone found out through the press. Also you even spoke to The Eagle-Tribune of your favoritism of Captain Driscoll,” clinched the lawyer.
“I do not remember that,” said Romero. “But nearly $50,000 increase for Mr. Bonilla after being promoted to Deputy Chief of Police was too much money when we had Driscoll with more experienced,” Romero said.
Attorney Cain stressed: “Did you talk about that concern with Mayor Lantigua or the Chief of Staff?” Romero responded with a resounding “No”.
“No more questions your honor,” said Bonilla’s attorney. Romero was guided outside of the courtroom.
Members of the Jury were sent home for the afternoon… Talk about Jay Jackson’s testimony.
Judge Fooley gives some routine instructions to the jury and gives them the rest of the day off. It is 1:45 pm and the judge ordered a recess until 2:10 pm.
Upon his return, the judge asks for the introduction of the controversial issue of what the lawyers would want to ask the witness Jay Jackson who was outside waiting to be called. This part of the trial came after a request from Counsel Cain, defending Bonilla, so Jackson could take questions related to alleged agreements made with prosecutors to have him testify against Bonilla. Attorney Cain told Judge Fooley that it is necessary to disqualify Jackson as state witness (the District Attorney) after being promised preferential treatment on the “issues” that he has pending with the city by providing testimony against Bonilla.
Attorney Cain testified about the case before a Grand Jury in 2012. He said Jackson was fired from the police after he decided to testify at trial. Feeling worried about what Jackson was going to say, he allegedly was called to make a deal to ease the complaints of sexual harassment that weigh against him.
After a long exposure of the defense, Judge Fooley denied Cain’s request arguing that the legal issues that Jackson may have are a separate case to be tried in court. “Perhaps Mr. Jackson is the worst, it may be immoral and have poor character, but that does not disqualify him to serve as a witness in a totally different matter,” said Fooley.
The judge ordered Cain not to ask Jackson any questions which may infer a response related to an agreement to testify. “There’s not permissible argument to prevent the testimony of Mr. Jackson,” said Judge Fooley, and immediately ordered Jackson to be brought into the room.
Jay Jackson Speaks
The prosecution questioned: “Did you agree to anything that could benefit you somehow?” Jackson is left wondering. The Judge reiterated the question. Jackson responds: “I never received promises from Chief Romero or the Prosecutor of any benefit for testifying.”
Attorney Cain questioned: “Have you testified about the case before a Grand Jury in 2012?”
“Yes,” replied Jackson.
“Do you have an ongoing investigation into a complaint?” Asked Cain.
“Yes.”
“How many complaints do you have against you?”
“I think… I think two.”
“And can you tell the room about what are these complaints against you?”
He thought about it and shyly says: “It’s a sexual thing.”
“Did these allegations occur since 2009?”
Again, Jackson, quietly answered, “Yes, Sir. But I must clarify that the one for 2010 never happened,” said Jackson.
“What would you say if I told you that the complaints are not two but six?” Attorney Cain answers while holding several pages.
THURSDAY, SEPTEMBER 25, 2014.
Testimony of Jay Jackson to the jury
Questions to the Jackson began asking the Prosecutor to identify himself and say what he does or where he worked: “My name is Jay Jackson I worked for the Lawrence Police as Director of Facilities and Chief of Auxiliary Police.
“How are you involved in the case of the exchange of police vehicles?” said attorney Michael Sheehan.
“One day in 2010, Deputy Chief Melix Bonilla called me into his office on the first floor and told me he had a plan of reorganization of the fleet of police vehicles to put more patrols on the streets, more cars for detectives and take advantage of seized vehicles,” Jackson said. “He told me that there is a dealer in Lawrence where you can get 4 new Chevrolet Impalas that can be used for detectives and instead the police could deliver 12 cars seized. He told me that this could also save money by canceling insurance policies vehicle who were not being used for a long time. I told him that the idea is good, but there is a process to be followed.”
Attorney Sheehan interrupts, “What is that process?”
“When we go to sell seized vehicles, we must inform the Office of the District Attorney of Essex County. They then send the police an award letter.”
“How would you describe the encounter with the defendant (Bonilla)?” said Sheehan.
“Aggressive and intimidating; I would say very rude; even he banged on the desk with his finger. He put a lot of pressure. He said, ‘This is what we are going to do… is to do it this way… period.’ He was my superior and did not want confrontations,” Jackson said.
Former Auxiliary Police Chief turned his face to the right, looking at the jury and said, “I felt intimidated, degraded and forced to help in this exchange for fear of losing my job.”
“Did you have the option of saying ‘no’?” Sheehan asked Jackson.
“No,” replied Jackson.
“Why not?” Asked the prosecutor.
“Because I would have been fired,” Jackson said.
Then it was the defense turn
“When did you first hear of this exchange vehicle?” said Bonilla’s attorney Alex Cain.
“Chief Romero called me into his office to tell me about the proposal made by Bonilla of an exchange of vehicles seized by new cars that could be used for undercover police officers or detectives” Jackson said. “He ordered me to take care of evaluating the police vehicles that would be exchanged and the vehicles that Santo Domingo Motors would provide. He also told me to contact Santo Domingo Motors,” he said. “I also went to different pages on the internet where I saw similar vehicles. I could tell they were really ‘junk’,” Jackson said.
“I met Peña (pronounced as ‘Pina’) first in his business on Haverhill St…. if I’m not mistaken, I think with West St. The corner has a branch on the corner of Broadway and Water St. Here we talk about trading the cars and documents such as titles, etc. Peña said he wanted to see the police vehicles. I took him to the garage Amesbury St. with Common St., and saw some there and then went to the garage at the new train station, where the other vehicles were on the fourth level,” continued Jackson looking nervous to the point that Judge Fooley had to intervene and repeat the questions from Attorney Cain.
Attorney Cain returns to the question of the PAO lawyer about the process that must be followed with these vehicles, “When you spoke, did you at some point say to Mr. Bonilla what was the process to be followed in the sale or auction of vehicles seized by the police?”
“No,” replied Jackson.
“Why did you not explain?” said Cain.
“I did not want to get in trouble. I wanted to respect the ranks,” added Jackson.
The lawyer also asked why Jackson didn’t complain to Romero of the alleged pressures Bonilla was inflicting upon him. Jackson again said he did not want to get in trouble because Bonilla was a friend of the Mayor.
“Did you participate in meetings with Chief Romero and high police officers?” Asked the defense attorney.
“Yes, we met 2-3 times a week,” Jackson said.
And Cain returned: “Did you see Deputy Bonilla ever in these meetings?”
“I do not remember seeing him. No, I think not.”
“How were your relations with Chief Romero?” Continued Cain.
“They were good. We got along well,” he replied.
“And what about Deputy Chief Bonilla and Romero? Do you think there was any bad blood between them?”
“I don’t know,” he said.
Jackson said he was in charge of the Department’s vehicle fleet, coordinating repairs and maintenance of vehicles.
“How would you describe the conditions of these vehicles seized by the police?” said Cain.
“Some broke down in the middle of the street when they were being taken to Peña’s business. I remember at least two of them had to be charged with battery cables, “Jackson said.
“You had the opportunity to speak with Chief Romero, City Hall and Captain Vasque that this was a ‘bad business.’ You just said, ‘This stinks’ and nothing else,” said Attorney Cain. “How many times have you met with Peña?”
Jackson said he was with Peña at least about 6 times.”
Jackson said after meeting with Peña, he doesn’t remember exactly when, Chief John Romero, asked about the exchange of Santo Domingo Motors vehicles. “It is all done. Everything is ready. Romero was upset with him, alarmed that he had not done an appraisal of all vehicles to be exchanged, both the Police cars as well as Peña’s.
Attorney Cain attorney asked the judge for permission to submit a paper to Jackson. Permission granted. “Please read this document in silence up to line 5. Regarding the investigation of this case, you testified before a Grand Jury on April 25, 2012 that Chief Romero was upset with you. But you did not tell him that you felt intimidated by Bonilla,” Cain said.
Speak Wayne Demers, auto assessor
The prosecution witness takes the stand Wayne Demers, Motta Auto Body in Methuen, Massachusetts, the man Jay Jackson sought to evaluate the cars to be interchanged with Santo Domingo Motors. He said he has been doing body work since 1979. Demers said he has known Jackson for a few years because he takes vehicles from Lawrence Police to his shop for repairs.
When asked by the defense, Demers said he is not licensed by the state to make appraisals of vehicles. He said that for his many years of experience, Jackson brought the vehicles not only to be repaired, but to be evaluated. Jackson said he explained the exchange of vehicles that was going on with Santo Domingo Motors and asked him to assess the police vehicles and Impalas provided by Abelardo Peña.
“When Jackson went to my business to talk, the police cars had been moved to the grounds of Peña’s business. We first went to Santo Domingo Motors in Haverhill St. to West St. There were some cars which had been brought by the Police. Them took pictures, the vehicle information and did some research through the internet to know what their approximate value taking into account the year, miles and condition,” Demers said.
He repeated that Jackson told him the importance of having something written on the vehicles, even a piece of paper with something written by hand. Demers said it was ridiculous after this assessment has already been finalized. Demers scored most police cars as “rolling junk” or “trailer trash.”
Demers said he also saw the Chevrolet Impalas Peña provided in exchange. Although the outside looked dirty and the batteries were “dead”, the cars were new. “Jackson told me again that I should not worry too much about it… do not need anything too complicated. Something written just to put in the archives,” Demers said.
Demers said he did not drive any of the vehicles, including the Impalas Peña was trading in the “deal”. Demers also said he never met with Bonilla, but with Jackson.
Captain Roy Vasque Speaks
Another witness takes the stand for the prosecution. He introduced himself to the jury: “My name is Roy Vasque. I’ve been working for the Police of the City of Lawrence for 23 years, 11 or 12 of them as captain. I’m in charge of the Special Operations Unit, Drug Unit, Marine Unit, Animal Control and taxis,” said Vasque, who, as we learned from a reliable source, changed his name when he became a United States citizen substituting his first name and removing the z from his last name.
And immediately the expected question: “How did you find out about this exchange of vehicles?”
“Bonilla called me into his office and told me of the plan to improve vehicle fleet in the Department, and start the exchange of seized vehicles for new ones. At first, he told me he would try to get Crown Victoria cars, not Chevrolet Impalas,” Vasque said.
“What did you say about this idea?” said Sheehan.
“Bonilla was not happy with my answer. I told him that the process followed was to report the vehicles to the DA’s office (the District Attorney) and wait for an ‘award letter’ authorizing vehicles to auction with 50% of the profits going to the DA,” Vasque said. He added: “Bonilla said ‘this is the way how we will do it’ and ordered me to gather all documents and keys of the vehicles and deliver them to Jackson.”
Turn defending Bonilla
Cain questioned him on the character and work style of Bonilla’s. Vasque said, “I do not remember seeing Bonilla involved in discipline problems while I worked beside him in the Taxis Unit. I always saw him concerned about improving things around,” said Vasque.
“Did you participate in meetings with Chief John Romero?” said Cain.
“Yes, I occasionally participated in meetings with Chief Romero to analyze crime statistics and plans to address it,” replied Vasque.
“We’ve known that Deputy Bonilla was not invited to these meetings of senior officials. What do you have to say about that?, asked Attorney Cain. “Vasque said, he did not see Bonilla at these meetings, but did not know Romero had excluded him.
“How many times have you met with Chief Romero?”
“Sometimes 2-3 times a day, depending on the outstanding issues,” said Vasque.
Cain asked Vasque if there was a written policy on how the police are going to get rid of the vehicles seized in the world of crime. “To my knowledge there was nothing written to guide us on what to do with seized vehicles. Usually we only know that it is communicated to the Office of the District Attorney.”
When asked why he did not speak with Romero and Jay Jackson concerning the DA process that was not being followed, Vasque responded that, “I did not want to get into trouble.”
“In my research I learned that you know Robert Sheehan, owner of Sheehan’s Towing. Could you tell us?” asked Cain.
“Mr. Sheehan and I have a friendship. He was also interested in exchanging vehicles with the Police Department. I would not be an intermediary. I think someone told me that. Really, I do not remember the details of who told me that,” Vasque said.
Horace Privitera Testifies
“My name is Horace Privitera, a retired Police of the City of Lawrence detective. I handled everything that had to do with money and cars seized during Drugs Unit operations,” was the introduction given by the prosecution witness.
“Is it true that Vasque told you about Bonilla’s plan to exchange cars?” Attorney Shaheen asked.
Privitera replied to just say, “It was not part of my position to question the orders of a superior.” He added: “Bonilla was the Deputy Chief of Police and it was not my role to question his plans.”
He said Bonilla asked him to accompany him to Peña’s business and reviewed the list of seized cars and also Peña’s.
Privitera said he did not speak to Romero, or the Office of Attorney or anyone else that the correct process was not being followed. “It was not my job to question my superiors. Everyone was above me in rank,” Privitera said.
Walter Callahan Testifies
State Attorney Jack Dawley asks him to introduce himself. “My name is Walter Callahan and I work as Manager of the Purchasing Department for Lawrence Public Schools.”
“Were you consulted in the trading of these cars?” Asks Dawley.
“No, Sir,” Callahan responded.
“Were you consulted previously by other city offices during the administration of Mayor Lantigua?”
“Yes,” he said.
“Is there a limit on the value of purchases that require the intervention of a purchasing manager licensed by the state?”
“Yes, it is $5,000. But this does not mean that everyone looks for a purchasing agent,” Callahan said.
Attorney Cain then asked Callahan about the process followed in this case. “The seized cars can be made at public auction, like other municipalities, and this is a legal way to removed them without having to consult a licensed sales manager,” said Callahan.
End of the testimonies. Before leaving home, Judge Fooley explained to the members of the jury the importance of confidentiality procedures, not to speak with anyone, no TV, no radio listening, not surfing the Internet looking for information about the case or the people who are involved. They were given Friday off and reminded to be back on Monday at 9am to restart the trial.
