Mold and corruption in Massachusetts

[Guest guest]

For most of us, when we first get married, buying a home is a

lifelong dream. We save every penny we can and scrimp on

extra " luxury " items like food, vacations, clothes or new cars.

Buying a home is the biggest financial investment we will

ever make during our lifetime. The home purchase is also an

investment in our children's future. We may borrow on the homes

equity to send our children onto college or pay for some life saving

surgery.

Sadly, there is no protection for our investment. While we

can buy insurance to protect us from fires, floods or theft, we are

powerless against the biggest threat of all. This threat is corrupt

builders and realtors and corrupt private, local and state government

building inspectors.

You might think that if there are laws to protect you when

you buy a faulty car, appliance or consumer service, you are

protected here too. You see you are defenseless against corruption.

There are few States that protect you in this type of situation.

Our problem has become our concern for our health. In a CBS

news story in September of 2000, they detailed the medical problems

presented by mold in homes. The mold they showed came from water

leaking through roofs into homes, just as our home leaks.

Some of the medical problems discussed were respiratory problems and

loss of memory. A few of us have ongoing respiratory problems that

might be caused by this mold. Tumors and brain damage are also side

effects.

Shortly after the news story we contacted the Doctors

mentioned in the CBS report. They said to tell our Town and State of

this health problem. At a televised Town Council meeting in October

of 2000 I told them of the mold and showed them a photograph of the

mold in our home. I asked them to help my family and they ignored me.

We also told the state and sent them photos and were ignored by them

as well.

We have now begun to have respiratory problems from the mold. My

Mother is getting eye infections from the mold. If my Wife gets the

eye infection she will go blind because she has glaucoma. My

Granddaughter has breathing problems and my Daughter has breathing

problems and hair loss.

Virginia has breathing problems, hair loss, constant sore throats and

diarrhea, swelling in her body and problems sleeping. I have

breathing problems, sore throats, sleeping problems and forget

ordinary things.

We have also gotten test results back from a Lab about the mold. It

is a health danger. To test to see if it is the possibly deadly mold

required us to hire specialists to come to our home and remove

sections of walls and ceilings for Lab testing.

We don't know how much longer we can survive either the health issues

or the safety issues. We fear for our lives because one of

these " problems " is bound to kill us sooner or later.

We invite anybody to come to our home and see this devastation for

yourselves. The pictures cannot convey the full impact of the

conditions we have been forced to live in. They also cannot produce

the obscene odors caused by the mold that we are forced to breath

every day.

Should anybody have the courage to come, we suggest you wear Hazmat

suits to protect you from the mold. We have already been infected by

the mold so these suits won't help us.

You might ask how could this catastrophe happen? We, and many other

homeowners, were unsuspecting and trusting of corrupt Realtors,

builders and private and government building inspectors when we

bought homes.

Thirteen Years ago, Virginia and I sank our life savings into

purchasing the home of our dreams. We bought it because it, the wide

hallways and doorways, allowed us to better care for our Son, Kenny,

who is multiply handicapped and retarded. It meant Kenny could remain

at home and not have to be institutionalized.

Today, the home we live in is the " Money Pit " or the " House from

Hell " . Not only do Virginia and I live in the home but so does the

rest of our family of four generations. These members include our

daughter, , and Granddaughter, Bridget, and my Mother, May.

Walls bow, floors sag, wood floors are rotting, beams are too short

or extended by plywood, mold grows throughout the house causing

illness, the fireplace is lined with wood and mold, rain water leaks

through the wall partitions and exits out of electrical outlets and

the roof is collapsing. The home is a disaster waiting to strike.

We first started to discover these facts in 1992 while having

handicapped alterations made to our home. A Police investigation into

a complaint by Virginia of attempted extortion by Barnstable building

inspector Bearse found that the building department portion

of the building permit was never signed as required by State law.

The police report also stated that the inspector told the police, and

showed his logbook, that he signed the certificate of occupancy on

December 28, 1988. Sadly it was signed on July 1, 1988. It seems that

the inspector lied and the police either were incompetent or covered

it up to protect the inspector and the town. The Barnstable District

Attorney refused to take any action against Mr. Bearse for committing

perjury during a police investigation into criminal activity.

The building inspector, Bearse, admitted he never signed the

building permit. His personal notes that he gave to the Police show

that he was aware of several instances of building code violations

and looked the other way. Strangely, he signed the certificate of

occupancy so the builders, town and the realtor could sell us the

home.

When Bearse signed the certificate of occupancy, the building defects

and code violations were still in the home. On October 15, 1993, Mr.

Daluz, the then Barnstable building commissioner, ordered and paid

for an inspection by Philbrook Engineering.

The report showed that the illegal construction that was seen by Mr.

Bearse on April 9, 1987 was still present in 1993 and that it is

considered life threatening. Also, a 1994 report from the Fire

Department showed the illegal construction.

As can be plainly seen, Mr. Bearse knew the home was built in

violation of state and local codes, that it was a safety hazard that

could kill and that it was built illegally. In spite of all of this

knowledge and facts, Mr. Bearse knowingly signed the certificate of

occupancy on the Town's behalf. It is bad and getting worse each day

as is stated in another structural engineer's report of 1998.

The Barnstable Town Attorney has repeatedly acknowledged to the media

and on the Public Record the fact that the building permit was not

signed as required by law but blame everybody else rather than the

town and the town's corrupt employees. A Town Councilor who toured

our home has also publicly stated on the Public Record that our home

is terrible.

While we won the case against the builders, they filled bankruptcy so

that didn't pay us. The jury award would have been much higher if the

jury had been allowed to know all of the facts that the town hid and

obstructed, as you will see.

From 1993 to the present, we filed numerous Freedom of Information

request with the Town for various documents. In the responses, we

have been told, as was the Massachusetts Secretary of State, that the

requested records did not exist. In September of 1996 we found these

requested records in the very file within the Building Department

that has been so " thoroughly " searched. We had been lied to and our

Town had obstructed justice and denied us our rights. We also found

the unsigned building permit, a public record document, had been

illegally tampered with. It now had the initials of the building

inspector Bearse and comp added. Even more shocking was the

fact that it had been faxed because there was a partial fax phone

number at the top of the illegally altered permit.

It would seem that this corrupt and illegal act took place to conceal

the facts of the illegal construction so that the jurors in our case

would not know Barnstable had knowingly allowed our home to be built

illegally and were helping the builders to conceal these facts.

In reply to a 1994 Freedom of Information request, we received a copy

of a July 1993 memo from than Town Councilor Rohrbach to then

Town Manager Warren Rutherford. It seems that the building

commissioner, ph Daluz, had been accused of taking kickbacks from

a convicted felon. (The Jimmy mentioned was one of the criminal

masterminds behind the 50 million dollar failed Barnstable/Digital

Federal Credit Unions.)

This would be extortion and state and federal income tax evasion. Mr.

Daluz was also fined some one hundred and fifty thousand dollars for

his straw loan involvement in the failed Barnstable Credit Union. The

July memo also mentions other fire code violations and other ethics

complaints. Barnstable took no action against him. He retired.

Since 1994 we have been trying, through the Freedom of Information,

to get a copy of the affidavit mentioned in the Rohrbach memo. The

Town has yet to produce it because they said they destroyed it, which

is illegal. Again, the town obstructs justice and our rights.

Barnstable, despite their knowledge of the condition and illegality

of our home, refuses to grant tax abatement. They demand full taxes

on a home they know has a zero value. Their assessors recently

inspected the home but refuse to issue a new assessment on our house

or put anything in writing.

The certificate of occupancy is fraudulent because the town with the

complete knowledge that the home did not meet any of the local, state

or federal building/fire/ safety codes knowingly gave it. The land is

also worthless because the builders dumped paint and other

building/waste materials into a whole in the front yard and covered

it up.

The Town was told of this in 1987/8 by a concerned neighbor. We told

the Town, upon our being made aware, in 1993. The Town has done

nothing while the land has been contaminated and the land is sinking.

In a May 19, 2000 meeting with our Town Manager we again told of our

concern for the safety of our family and neighbors. He stated it was

not his problem.

Virginia told him that if our home caught on fire, many of our

neighbors would also be killed. He again stated it was not his

problem. State Public Records show that he has known all about the

corruption since 1996.

A month later we meant with the building inspector and a member of

the Town Attorneys staff. We asked to have the inspector come to our

home as the State law orders. We were told the town would incriminate

themselves if they sent the inspector. In effect, they took the

protection of the Fifth Amendment as any criminal would.

The person at the State level responsible for the enforcement of

building codes and home inspections is , the chief

inspector from the Massachusetts Department of Public Safety. As can

be seen by a few of the letters to him and his staff, they have

refused to turn over inspection reports to the State Attorney

General. The Attorney General closed the investigations.

Mr. Wojciechowicz is, I understand, either the nephew or stepson of

Mr. . In response to my two Freedom of Information requests, it

seems that Mr. also refused to write any report of his

inspection of the illegal building construction and corruption by

local building inspectors in our case. He, with his team, inspected

our home in December 1993.

Since 1995, we have told the Commissioners and Secretary of the

Department of Public Safety about our home and the many documented

failures of our local inspectors and Mr. and his staff. Their

legal staff told us that they would no longer communicate with us for

fear of incriminating themselves. Again, government employees cite

the protection of the Fifth Amendment like common criminals do.

Since 1993, we have written to Governors Weld, Cellucci and Swift

about the

open corruption within their administrations. In a June 2000 letter

to then Governor Cellucci, we requested to meet with him to review

these criminal acts of his staff and Administration. Our request was

denied and they refused to put this denial in writing as we

requested. They don't want to create a paper trail of their knowledge

of their corruption.

The Attorney Generals', since 1994, have known of these

illegal acts but have done nothing but fight homeowners actions to

stop it. They stated it was their job to protect government employees

that are charged with criminal acts rather than my family. They have

also refused to turn over specific documents about corruption that I

requested under the Freedom of Information.

Many have wondered why our State officials have failed to take any

action against Mr. . The answer is quite simple - MONEY!!! It

seems that, reportedly, Mr. has given illegal campaign money

to, at least, two Massachusetts Governors and a former State Attorney

General.

According to State Public Records Mr. is not qualified to be

a building inspector. Strangely, it seems, that money might have

gotten him his appointment and job. The agency that made this

statement is now headed by Mr. .

This is what the combined corruption of Barnstable and Massachusetts

have done to us. We are being held as prisoners in our home because

they refuse to do anything. By closing their eyes and ears, they have

allowed the corruption to continue for years.

They have caused us more pain and suffering than any citizen should

ever have to endure from their Government. They have robbed

everything from us except our dignity. We refuse to surrender that!

For the past five years Massachusetts has had a chance to pass

Consumer Protection Legislation for homeowners. This Legislation

would hold local and state government legally and financially

responsible for illegal and unsafe dwellings.

It would allow citizens to bring lawsuits when government-building

inspectors knowingly allow illegal, unhealthy and unsafe

construction, fail to act when they inspect these kinds of

construction or refuse to inspect when informed of these types of

conditions. Local and State Government would not be held liable for

incompetent inspectors. The hope would be that incompetent inspectors

would be fired.

In July of 1998 the Massachusetts Joint Judicial Legislative

Committee held a hearing on H5616. Only two members attended. A

quorum of at least seven members was not reached. There were no

minutes of the hearing taken.

The opponents of the Legislation were given a few weeks notice by the

Legislature of the hearing. The proponent and writer of the

Legislation was given one business days notice by the Legislature.

The Legislation was killed and there was never any Legislative

publicity about this legislation.

On November 7, 2001, the Massachusetts State Legislatures

Joint Committee on Judiciary held a hearing on a proposed bill,

H4691. This bill was again aimed at stopping government corruption at

the local and state level. Its goal was to stop illegal, unhealthy

and unsafe building practices across the Commonwealth that has and is

being allowed by Municipal and State Building Inspectors.

If communities and the state are held liable for the illegal acts of

their employees, the proponents of the Legislation told the

Committee, these acts would be stopped and no longer tolerated.

Currently, towns and the state refuse to inspect homes that are

collapsing, are safety hazards to citizens or the community or have

toxic growths.

Another by-product of this form of corruption against home and

property owners is the lack of insurance coverage. While banks and

mortgage holders require loan holders to have insurance coverage,

very few insurance companies nationwide will cover any claims or

loses that are suffered due to illegal or unsafe construction that is

allowed by government building inspectors.

Should a home collapse or burn down there is no protection. Should

anybody die or suffer injuries due to this allowed illegal

construction, there is no protection for the public. Any insurance

companies that had allowed coverage in the past have now changed

their policies to stop coverage. The public is left defenseless!

The Legislature was told, our local and state government is taking

the Fifth Amendment protection against self-incrimination. The

Committee was asked, " Shouldn't our Government be forced to a higher

standard than any common criminal or thief? " None of the Committee

members bothered to respond or answer that basic moral and ethical

question.

The writers of the Legislation had e-mailed and faxed various State

officials asking them to attend the hearing, send a representative to

the hearing or send a letter of support to stop the government

corruption. Those asked were the Governor, Attorney General,

Secretary of State, State Treasurer, Inspector general, State

Auditor, Senators Kennedy and Kerry, US Congressman Delahunt, House

Speaker Finneran, Senate President Birmingham, the Department of

Public Health and the Cape Cod Commission. None of those named

responded, attended, sent representatives or sent letters supporting

any outcry over corruption by government employees.

The Joint Committee lists their total membership at 17 Senators and

Representatives. Only six members of the Committee took the time to

attend the hearing. A minimum of nine members is required for an

official hearing. To add to the charade, the Senate Chairman,

Creedon, was not present. Sadly, the Committee had his name sign

displayed, perhaps as an attempt to show that he was present at the

hearing.

Perhaps an even bigger insult to the citizens of the state and

justice was the actions of all but one member of the Committee. After

the writer of the Legislation had completed their remarks and the

next proponent was speaking, they adjourned for a role-call vote.

After the role-call vote only one member returned. The rest of the

members missed the remainder of the second proponents remarks, the

remarks of the Daughter of the writer of the Legislation and the

heartbreaking plea by the Granddaughter of the writer of the

Legislation. It seems they were not too busy to hear all of the

opponents remarks and even offered suggestions about how to defeat

the legislation.

Those that appeared and spoke or rose in opposition to the

Legislation were Building Inspectors from Greenfield, Andover,

Hingham, Somerville, Cambridge, Brewster, Bedford, Newton and two

from Weymouth. There was also an attorney from the Massachusetts

Homebuilders Association. They briefly mentioned the monies that

communities and the state would have to pay if the bill were passed.

Their overall objection was that they would lose their retirement if

they were found to have violated State law or committed a criminal

offense. None of the building inspectors showed any concern or voiced

any obligation to protecting the health and safety of the citizens in

their communities. Their sole concern was to protect their retirement

and pensions.

The current Law, Chapter 258, Section 10 may be unconstitutional. It

gives an automatic absolution or pardon to any inspector, community

or the state, which commits or knowingly allows a crime without first

being charged. Under Massachusetts law, only the Governor has the

legal authority and Constitutional power to grant pardons.

The Federal Government had an opportunity to address this same issue

in the American Home ownership Act of 1998, HR3899, but ignored this

multi-billion dollar form of consumer robbery. They never contacted

me, the writer of the proposed Legislation, to speak on its merits.

Ken Moulton

E-mail: kenhmoulton@...