As graffiti case grips town, some criticize its handling
Posted in the Fitchburg Forum
Since: Feb 10
#2 Dec 6, 2013
He said it's unlikely she would be charged with a hate crime because it's doubtful that was her intent at the time. However, he said, as the law reads, a hate crime is directed against a person or property.
Under a broad interpretation, a judge could say that the property in question was her own and her son was the target.
"It would be a new interpretation of a hate crime," he said.
McCann said that a judge could choose to order Brazier to reimburse the town for its time and expenses during the course of the investigation.
"Logically it makes sense. If it's made up, she should at least reimburse them and a judge should have some discretion there. I don't see restitution as a possibility, but sometimes judges will make that decision," he said.
McCann said members of the football team, their parents or the coaching staff do not have ground to file a civil complaint against Brazier unless they can prove that a contract, such as a vending or moving company, was contracted with or money was spent to get the field ready, was breached.
Hypothetically, he said, they could ask that those costs be reimbursed.
Superintendent of Schools Loxi Jo Calmes announced in the day's before the annual Thanksgiving Eve football game against St. Bernard's Central Catholic High School would be forfeited by Lunenburg, a decision she stood by this week.
"Throughout this investigation it has been my responsibility to manage multiple personalities and groups. Every decision I made has been based on what was in the best interest and safety of players and students," she said in a prepared statement read at Wednesday's School Committee meeting.
As superintendent, she said it is her responsibility to ensure a thorough investigation into any and all allegations. To characterize her decisions "as anything but thoughtful and deliberate is inaccurate."
She said every decision she made was done with the information and facts she had at the time, with input from informed sources, Calmes said.
Calmes said she does not look as canceling the game as a punishment to the team, but in the best interest of public safety.
"At no time did I or any employee of the schools indict or implicate any of our players. In fact, my statements were that the graffiti investigation could not be limited to the team," her statement reads.
Calmes also said she was pleased the members of the team were cleared as suspects.
Ryan disagrees, saying the cancellation of the game was a punishment and was made in haste.
He said the district "did not wait for a thorough, competent investigation to be concluded."
Ryan also questioned Police Chief James Marino's handling of the case, saying that certain parts of the investigation should not have been made public.
Marino did not return a call seeking comment.
Ryan, who is not representing Brazier or her family and does not know all of the details of the case, said that if charges are going to be filed, Brazier should be summonsed to court rather than arrested.
"She is a resident of the community and there is no reason to believe she will take flight," she said. "Quite frankly, if they stage an arrest in this case, it will be done for no other reason than to create a media circus at that woman's expense."
Follow Katina Caraganis on Tout and Twitter @kcaraganis.
#3 Dec 6, 2013
Heard charges to be issue in addition to wife to husband as a conspirator ,looks like hate crime black on black, fu up sex s h I t
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