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Local News

February 16, 2011

Town looks deeper into allegations

Salisbury widens investigation of Police Department, ex-chief

SALISBURY — After the public aired its grievances concerning the scandal surrounding former police Chief David L'Esperance on Monday night, selectmen have laid out several actions they intend to take to allow the town to move forward and prevent a similar situation.

Their plan includes further investigation into the Police Department and reviewing whether town officials in West Newbury withheld information regarding L'Esperance's 20-year tenure as an officer in that town.

L'Esperance, who served as police chief in Salisbury from April 2006 until he retired on Dec. 6, was the focus of a two-month investigation conducted by former Salem police Chief Robert St. Pierre. The result was a scathing 31-page report of L'Esperance's tenure in office, filled with accusations of criminal activity, such as exchanging drugs and money for sex with known criminals and interfering with the pursuit of justice, as well as managerial mismanagement and abuse of power.

"I can't change the past," Selectman Henry Richenburg told the crowd of about 50 people filling the meeting room Monday night. "All I can do is learn from it and move forward so the next police chief we have is the best police chief we can get."

Selectmen told Town Manager Neil Harrington to hire St. Pierre again to investigate potential problems he unearthed in the Police Department that were beyond his original scope. For example, in his report, St. Pierre pointed to allegations made by Salisbury police officers that Detective Mark Thomas was given preferential treatment by L'Esperance. Officers alleged Thomas attended the FBI Academy based on untrue statements made by L'Esperance, and that Thomas was paid for months when he was not really on duty, but studying for the bar exam.

During Monday night's meeting, Thomas addressed the selectmen, telling them there were inaccuracies in St. Pierre's report that he would like to clear up in an executive — or nonpublic — session. Selectmen decided they would place Thomas' request on the agenda of their Feb. 28 meeting, after Harrington recommended they not meet in such a session without their attorney present.

Richenburg's suggestion of having a public workshop on how to go about searching for the next police chief was approved by the five-member Board of Selectmen. The group will meet at 5 p.m. on Wednesday, Feb. 23, to sort out what went wrong with their last search, which so many at the time thought was thorough.

It will probably not be the last workshop before the search for the new chief is undertaken. February's meeting will include those on the past committee, as well as other local residents. But ultimately, Richenburg is hoping to include members of local law enforcement and those from outside Salisbury, a member from the district attorney's office, and perhaps someone from academia as well.

And based on voluminous testimony given Monday night by West Newbury homeowner Kristi Devine, Selectman Don Beaulieu expressed an interest in meeting with town counsel concerning alleged unethical behavior by officials in West Newbury, where L'Esperance served on the Police Department for about 20 years.

Devine described a six-year battle with officials in West Newbury regarding L'Esperance, whom she called a "monster" who "destroyed" her life. Devine said her selectmen in West Newbury will not listen to her, and she's "living vicariously" through the Salisbury selectmen in her pursuit of justice against West Newbury authorities.

Devine claimed that West Newbury police "cleansed" L'Esperance's personnel file, so when Salisbury did a background check on him prior to his appointment, no problems would be found. She further claimed West Newbury officials gave L'Esperance glowing references to get him out of town.

"I'm concerned that based on information provided (by Devine), that one municipality hid information from another community," Beaulieu said, adding he wanted to consult with town counsel to look into what recourse Salisbury can take.

But beyond formal motions made Monday night, selectmen said they will quickly develop a number of new policies to ensure some of the administrative wrongdoing L'Esperance has been accused of can't recur.

St. Pierre's report highlighted problems with the equitable distribution of overtime among officers, hiring practices, evidence gathering, storage and access, and the improper disposal of the town's old equipment and vehicles. Those issues and perhaps others require study and new policies that will protect the town, they said.

Beyond policy making, however, the selectmen's goal is to stop the blame game, repair damage done to the town's and Police Department's reputations and morale, selectmen all agreed, as did Salisbury police officer Dan McNeil, the president of the police union.

"Several people's reputations have taken a hit, including mine," said Harrington, who took his share of bashing Monday night. "I can handle that, but now the time has come to move on."

St. Pierre's report was sent to the Essex County district attorney and the FBI. Although what happens to L'Esperance next is out of the hands of local officials, selectmen and Harrington have faced a barrage of criticism for not acting when police brought rumors of L'Esperance's possible wrongdoing to them about two years ago. Although what was brought to town officials at the time amounted to unsubstantiated rumors with no names or specifics, on Monday night selectmen were accused of not living up to their responsibility and protecting the town.

All five selectmen apologized, adding that in hindsight perhaps they should have taken a more aggressive stance. But all five also added that their role now is to take the steps needed to remedy the situation.

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