September 1, 1992 Present: James Haggerty
Judith Murdoch
Robert Crowley
Robert Andrews
Joseph Frisoli
The Board of Selectmen conducted a hearing. Chairman read motion which was voted August 18, 1992 which called for hearing concerning the liquor and amusement license held by Alfred and Paul's (Comet Club dba Alfred's Place). Chairman also read into record the letter dated the 18th as a result of the vote notifying Mr. Pina of the hearing scheduled for September 1, 1992. Chairman announced that prior to starting the hearing after conferring with his colleagues, the Board was declining a settlement offer presented by Defense Attorney, Jack Atwood. Chairman announced that Attorney Everett Marder of Kopelman & Paige would represent the Town and conduct the hearing. Attorney Jack Atwood would represent the Pinas.
Mr. Marder opened the hearing quoting specific statutes and sections of law which the Board was acting under while dealing with the alleged liquor violations and violations of amusement licenses. Atty. Marder called Officer Robert Morgan, Detective from Pembroke Police Dept., sworn in by Chairman. Mr. Morgan, Pembroke's Rep. to the Oldtown Regional Drug Taskforce which consists of several area towns including Pembroke, Bridgewaters, Raynham, etc. Officer Morgan related the role of the undercover agent and the task forces involvement which lead to the events of July 29 at Alfred and Paul's establishment. He stated there had been an ongoing investigation from Sept. of 1991 through July of 1992 which started in the Town of Pembroke at a bar known as Illusions and in May of 1992 carried over to Alfred and
Paul's of Hanson. He related the role of the undercover agent and presented facts from the agents hand written reports and as well as from other officers that were at the scene. At the conclusion of Atty. Marder's questions, Officer Morgan was cross examined by Atty. Atwood.
Eugene Berry, Police Chief of Hanson, was next witness and was sworn in by Chairman. Chief Berry answered several questions from Atty. Marder which related to the Board his role as well as the role of the Hanson Police Dept. in the raid which took place at Alfred and Paul's. Chief Berry was cross examined by Atty. Atwood.
Hanson Police Officer Brian Snow was sworn in by Chairman. Officer Snow commenced to answer questions from Atty. Marder which again related to his role in the raid at Alfred and Paul's. His role involved effecting an arrest and seizing a sum of money and a quantity of alleged drugs at the rear door of the club outside from a defendant named Robert Nesto. Also cross examined by Atty.. Atwood.
Officer Richard Farrell, Hanson Police Officer was sworn in. Officer Farrell testified to his role that particular night which was that of evidence officer. All evidence seized at Alfred and Paul's was turned in to Officer Farrell at the scene at which point it was logged in and described and secured by Officer Farrell. Officer Farrell was across examined by Atty. Atwood.
Atty. Marder stated that this was the extent of the Town's case reminding both the Board and the audience that this was not a trial, it was an administrative hearing and as such relied on different rules of procedure and evidence which allowed the Board of Selectmen a lot more latitude as they attempted to make a decision concerning the matters before them.
Atty. Atwood called Paul Pina to testify. He was sworn by the Chairman. Mr. Pina stated he lived at 489 Pleasant St. and was the cook at Alfred and Paul's. Sworn by Chairman. Mr. Pina related to the Board that he had no knowledge of any drug dealings or open use of drugs in his establishment, was not part of it, or that he did not condone it. He stated that on occasion in July he had even hired a private investigator to run spot checks on the bar and his staff. Atty. Marder as well as Board members asked several questions of Mr. Pina relating to his role in both the ownership and management of Alfred and Paul's Place. Mr. Pina repeatedly stated that he was not the owner or listed on any corporate papers and although he could be described as the Assistant Manager, his father Alfred is
listed as the manager.
Mr. Atwood called Donald Watts, owner and a private investigator, with Yankee Detective Agency for five years and a former MDC Police Officer for 10 years. Mr. Watts explained that he had been hired by Paul Pina to conduct an investigation into the operation of the business. This involved over a course of four weeks 32 to 40 hours worth of surveillance by himself and two other operatives observing both the bartenders and the patrons inside the bar and in the parking lot. Mr. Watts stated that at no time did he or any of his operatives see any drug use or passing of narcotics while they were present. Mr. Watts answered several questions from the Board and from Atty. Marder.
No further witnesses were called. Atty. Atwood made a summation of events that had taken place and recommended that at most the Board might impose a one day suspension. Mr. Marder again explained the laws.
Motion by Murdoch, 2nd Frisoli to close hearing. Voted 5-0.
Discussion among Board members. Mrs. Murdoch stated she felt violations in regard to licensing of machines. But she felt a little uneasy since the drugs had not been tested yet and the undercover agent was not present. Mr. Andrews noted that there have been no previous violations on record concerning Alfred and Paul's. Mr. Frisoli stated that he also felt there were two separate situations. He felt it was a "given" on the amusement device violations and were proven, however, he too was concerned about the lack of evidence from the undercover agent. He did state the Board needed to take some action on the issue. Mr. Crowley outlined his perception of the situation. He stated that as to the amusement violations, it was an open and shut case and felt the Board needed to take
strong action with regard to the drug violation. Mr. Haggerty agreed that this is not a trivial issue and he also felt it was a given regarding the violation on the amusement license and he would seek a motion to that effect. Pertaining to Chapter 140, s77, Mr. Crowley moved that the Board revoke immediately all amusement licenses and that upon presentation to the Board of Selectmen's Office of the completed and proper corporate paper work of Alfred and Paul's, there would commence a thirty day suspension fo the amusement license. 2nd Frisoli. Voted 4-1, Mr. Andrews voting no.
Mr. Crowley asked Attorney Marder to clarify the Keefe case. Mr. Marder stated that Mr. Keefe was one of the defendants arrested and charged with possession of cocaine at the Comet Club, Alfred and Pauls'. Mr. Keefe has gone to court and pled guilty to sufficient facts. The judge has order the case continued without a finding for a certain period of time. Mr. Crowley made a motion pertaining to Chapter 138, s64, liquor licensing, that the Board suspend the license for thirty days effective September 10, 1992. 2nd Frisoli. 4-1 vote, Andrews voting in the negative.
Motion made by Mr. Crowley to have Mrs. Murdoch come to Town Hall to sign letter on behalf of the Chairman. 2nd Frisoli. 5-0 vote.
Motion by adjourn by Crowley, 2nd Andrews. 10:30 p.m.
5-0 vote.
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Robert Andrews, Clerk
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