The Strange Case of Worcester Assistant DA John O’Leary and the Massachusetts State Police: Part 2 of 2

I wrote about the case involving Assistant District Attorney John A. O’Leary the other day. He is a prosecutor who got arrested for OUI while driving his daughter to a dance class. It happened on a national holiday, Martin Luther King Day, which gave O’Leary time away from the office. Apparently during that time he may have had a little too much to drink. As you know drink not only impairs one’s ability to drive but also impairs one’s judgment. If it was the case then his driving in that condition, a condition that caused a motorist to be concerned about his operation of his car so as to call the state police and which caused a state police officer to observe his operation and decide to pull him over, he did put his daughter in a perilous position.

O’Leary now has to face the charges and the adverse publicity. His children will face the embarrassment of their father’s arrest. As I indicated since no one was hurt and I assume he has never been charged with this before he will get off with minimum punishment. Even though he is now suspended without pay I suggest that he will be allowed to resume his position in the district attorney’s office. I expect the District Attorney Early will recognize this incident does not rise to the level which requires the guy lose his job.

This case though has a strangely curious aspect to it. This pretty much routine matter out in Worcester County deserved a headline in the Boston Herald followed up by a gleeful Howie Carr column  getting pleasure of out the misfortune of others.

It just so happens here that the state trooper who was the booking officer of O’Leary is the same state trooper, Ryan Sceviour, who arrested a judge’s daughter a few months ago. You may recall that incident. Here’s a tabloid summary of  it.

After arresting her he filed a report which some higher-ups in his job found a little too raw. They asked him to modify it. He raised a stink about having to do it which resulted in some bosses in the state police fleeing with their pensions, some investigations (what happened to them), and a law suit in federal court against the department. I’ve never been able to figure out what the damages in the suit are about but that’s for another day.

Sceviour was not involved in the arrest of ADA O’Leary. It was Trooper Gregory Zanni. Zanni made the observation of O’Leary’s driving, had the initial interactions with him, and brought him to the station. It is Zanni who filed the report of the incident. But from the headlines in the Boston Herald, “Two Much – Trooper in judge’s daughter flap now ‘nervous’ after helping book Worcester prosecutor on OUI charge” you’d think that there was no Trooper Zanni and that Sceviour made the stop and arrest.

That would be natural. Why would a trooper be nervous who just booked a guy. His is an administrative function. Zanni is the guy on the road who should have been nervous if anyone should be nervous.

Well apparently it was a slow news time at the Boston Herald. Nothing new had happened to the Patriots. The phone rang. On it was Sceviour’s attorney.  He said he received a call from Sceviour who “was nervous, so he called me. He knows he and the arresting trooper did the right thing, just like they do every day, and they wrote their report and included what the person said — the only time it was ever a problem was when they arrested a judge’s daughter.”

Nothing had happened. Why is this even newsworthy? The reporter should have told him to tell his client to take a pill and go back to sleep. But he or she didn’t. They apparently thought their Seinfeld story about nothing was worthy of a headline story. No wonder the paper is in bankruptcy.

I’m not sure  the lawyer is doing his client any favors. You have to wonder how Trooper Sceviour can do his job as a trooper if he’s nervous after booking someone. Or, is the lawyer trying to build up some damages in his case by suggesting the first incident was so bad that now the trooper is impaired in his ability to do his job.

Trooper Sceviour was told to redact parts of about three sentences from his report on the judge’s daughter. The redactions related to extremely embarrassing statements of a sexual nature made by the daughter and that her father was a judge. That action in no way affected the case which by the way has been concluded with a guilty plea. I wrote about this before noting it was pretty much a story about nothing.

Back then Sceviour’s lawyer complained about the redactions. Now he has a different complaint. He complaining that the DA did not redacting the report in O’Leary’s case. He’s like the lawyer representing a rape defendant who argues his client was not the perpetrator but if he was the victim gave consent. I’d suggest this is obviously a lawyer who thinks the public is as stupid as the reporters who made his story into a headline.

The lawyer complained the DA removed the “sensationalist stuff” from his client’s report but did not remove “he fell asleep sitting up and snored” from Zanni’s report. He says: “What’s the difference.” He’s not much of an attorney if he cannot see one goes to proof of the crime and the other has nothing to do with it.

The lawyer also said the statement “my father’s a judge” was removed  in his client’s case but the statement that O’Leary was “a prosecutor in the district attorney’s office in Worcester” was not removed. He says those are “identical languge.” Hardly, one identifies the defendant while the other has nothing to do with the defendant.

In the judge’s daughters case the DA said he had an ethical obligation to redact the more salacious matters in Scviour’s report. I’d rather he said it was a matter of decency and understanding for a fellow human being who made statements while intoxicated and possibly under the influence of drugs not to memorialize them in a report. hey involved salacious matters not germane to the matter but seriously damaging to a person’s reputation.

So O’Leary takes a big hit because some trooper is nervous. Strange world we live in.







5 replies on “The Strange Case of Worcester Assistant DA John O’Leary and the Massachusetts State Police: Part 2 of 2”

  1. touche! MSFREEH . . .you hit the nail on the head . . .you reject the arguments not the person . . .Unconditional Love . . .Love thine enemy . . . .even love Leftists . . . You can still take up arms against and oppose to the death oppressors, bullies, tyrants, Leftists, while still praying for them in brotherly love . . .No Contradiction . . . .Need Not Be a Pacifist to be a good Christian . . .

    Susan Miller on REDSTATE says releasing INFO to Public is an attempt to “destroy” American Institutions like the FBI/DOJ. WE ARE NOT TRYING TO DESTROY; WE ARE TRYING TO EXPOSE THE ROT AT THE TOP . . . THE FISH ROTS FROM THE HEAD DOWN . . . .there is an Enemy Within and its the DEEP STATE that violates the Constitution and usurpts Power

    The Dossier and FISA warrants are one example.

    The clearest example is FRED WYSHAK (God love him;I hope he repents and gets prosecuted and imprisoned for life.); Here’s how Wyshak violated the Constitution and violated his oath to Uphold the Equal Protection Clause of the Constitution and to “faithfully execute the laws (including other Constitutional Amendments) of these United States.”

    When the bookie’s wife, a 50 year old nurse, was accused of laundering about $100,000 or $1 million . . .(she deposited some of her husband’s proceeds from his bookie operation; that’s all she did) WYSHAK recommended 8 years in prison. The judge sentenced her to less and she served about 1.5 years.

    However, when the Congressman’s wife was found guilty of laundering $8 million dollars . . .that’s right 8 million of offshore dollars from her brothers’ illegal ops as I recall) Wyshak recommended she get “PROBATION.”

    When the Judge asked Wyshak why he was recommending probation, Wyshak said, and this is a direct quote from the newspapers: “Because she is a Congressman’s wife.”

    Can you think of any more gross, grotesque, repugnant violation of the Equal Protection and Due Process clauses, etc, than that? For that Wyshak should be put before a firing squad . . .it is tantamount to treason . . .it is treasonous in the War on Drugs for a Federal Prosecutor to persecute a lowly bookie’s wife who is a practicing nurse, while giving largesse, favoritism, a sweet deal with the filthy rich wife of a Congressman.

    But that’s Fred Wyshak for you. Top Fed Prosecutor. Like I said. The fish rots from the head. He is part of the rot that exists at the upper echelons of the Justice Department. Say a prayer for him, while We the American People, pursue Equal Justice under the Law.

    He treated so many unequally . . .John Connolly . . .bullying the Schwarz boy . . .Kenny Conley . . .the Probation Officers . . .the Motel Owners . . .the septuagenarian City Councilman . . . .all the while Wyshak and his ilk (Stern, Durham, etc) DO NOTHING ABOUT 60,000 OVERDOSE DRUG DEATHS ANNUALLY IN THE U.S.

    They hunt POLITICAL OPPONENTS . . . .MAJOR DRUG TRAFFICKERS, THEY CODDLE, THEY DON’T HAVE TIME FOR THEM, THEIR RESOURCES ARE WASTED ON POLITICAL PROSECUTIONS and there are judges and top FBI Officials who have sanctioned, green lighted and may have instigated the political pogroms.

    A PROGRAM OF POLITICAL POGROMS: Political persecution mostly of conservatives or conservatively-connected individuals. (As the 20 year persecution and false prosecution of John Connolly was acutely aimed not at him, but at Senate President and U. Mass President William Bulger.)

    You see, Ms. Susan Wright of RedState, our goal is remove the rot at the top of the Federal Justice Department, to cleanse it, to restore it to its proper role of serving the American People through the equal, fair, just administration of America’s Laws, always consistent with the U.S. Constitution.

    P.S. Give us the Memos on the Dossier/FISA warrants used to frame Trump.

  2. an active barometer of one’s ability to
    be here now
    is their ability to practice unconditional

    you reject the behaviour not the person

    in other newes

    Police opposed law aimed to fix Edison department with criminal cops


    This is a part of “Protecting The Shield” – a two-year Asbury Park Press investigation that probes gaps in police accountability, which can harm citizens and cost New Jersey taxpayers millions of dollars.

    EDISON — One robbed a bank. Another raped an intoxicated woman. A third firebombed a police captain’s home while he, his family and his 92-year-old mother slept inside.

    PROTECTING THE SHIELD: Read our investigative series

    The thugs weren’t part of a notorious outlaw gang. They were officers in the Edison Police Department, which may have the worst criminal cop record in the state’s recent history.

    The crimes were committed over a 30-year span, culminating in the 2013 firebombing.

    also see

    January 18, 2018
    National Treasure: the CIA hid historical artifacts in the walls of their headquarters – twice
    On two separate occasions, the Agency invited the White House to place a box of “secrets” within Langley’s foundations
    Written by Emma Best
    Edited by JPat Brown
    One of the more fascinating revelations in the Central Intelligence Agency’s archives is the fact that, on two separate occasions, the Agency has had the White House bury time capsules of CIA materials in the walls of their buildings. The first box was jokingly referred to by Director Allen Dulles as containing “secrets,” and that came amazingly close to being true. The second, placed by one of Dulles’ successors, was nearly a plot device in a spy thriller, thanks to a suggestion that they place the true names of every Agency employee within the box.

    According to the CIA’s history of the original “Cornerstone Box,” it was placed in the walls of the building twice. The first time was a public ceremony, where President Dwight Eisenhower placed the box at the beginning of November 1959.

    This, however, was merely a ceremony. Until the box could be permanently placed and considered secure in the walls, the Agency removed the box after the ceremony. Keeping it secure, they added several materials produced at the ceremony itself, including copies of newspapers covering the event, photographs of the event, and even a tape recording.

    The tape recording was quickly brought up again in the CIA’s history of the Cornerstone Box. The document notes that the tape recording captured “the Director’s joking remark to the President that the contents of the box were ‘secret.’” The rest of the lengthy paragraph is spent explaining that this was a joke, and that while the Agency had considered including a number of classified documents, the Director had decided against doing so.

    Another memo describes some of the debate, vetoing a number of documents which the Agency asserts are classified even to this day.

    While the materials that were ultimately included were all unclassified, those redacting the Agency’s documents seem a little confused on this point. According to the Agency’s history of the Cornerstone Box, the box included a speech by Dulles titled “William J. Donovan and the National Security.”

    The speech was unclassified, and given to the Erie County Bar Association. Yet in at least one place, the Agency redacts the speech as a classified “source or method” that requires protection. A document listing suggested contents for the Cornerstone Box shows that the speech is number 20 on the list.

    Another copy of the document claims that item 20 on the list was classified and exempt from declassification under 25X1 – protecting sources and methods. Perhaps most egregiously, the two documents were reviewed on the same day.

    Regardless of the Agency’s inability to consistently and properly apply exemptions to declassification programs, it appears that the decision to not include any classified materials in the box was spur made in the spur of the moment, and as a purely practical matter. Dulles decided “on the spot that no classified material would go in the box,” seemingly to help expedite the matter. By this time, it had been about nine months since the Cornerstone Box laying ceremony with Eisenhower.

    According to CIA’s history of the Cornerstone Box, it would take just under a year to finalize the placement of the box. The public ceremony with the President had taken place on November 3rd, 1959. The box reached its final resting place on November 2nd, 1960. This occasion was attended only by senior CIA leadership and their staff, “as well as representatives of the architects and contractors.” Many of them “threw lucky pennies into the nitch with the Box,” according to CIA’s Curator for the Historical Intelligence Collection, who had been in attendance.

    The box itself had been custom built to ensure it would protect its contents.

    The ceremony itself seemed to provide the Agency with some excuse for internal drama, and even some shade being thrown in one of the CIA’s official histories. According to the Planning and Construction of CIA HQ (January 1946-July 1963), the ceremony’s invocation and benediction was given by Reverend Frederick Brown Harris, the Senate Chaplain. According to the history, “the length of the Invocation far exceeded any staff study CIA had ever prepared and threatened to keep us there until darkness fell.” The invocation was one and a half pages long in its double spaced format, noticeably shorter than the remarks given by Dulles.

    What the invocation lacked in length, however, it made up for in rhetoric. In what mirrored the sentiment, if not the language, of the Book of Revelations, Harris called for the CIA building to “be a cathedral of truth, an arsenal of freedom, an armory for battalions marshaled against deceit and falsehood, a fortress of patience and persistence where patriotism pure and undefiled [was] as harmless as a dove but as wise as a serpent.”

    The CIA’s enemy? “Principalities of darkness [that] seek … to enslave all mankind with fetters of the body and mind.”

    Twenty-five years later, when the Agency got a new Headquarters, they did it again. This time, the box was placed by former CIA Director, then-Vice President and future President George H.W. Bush.

    This time, the suggested contents included a lot more classified materials. Employees also suggested versions of documents MuckRock has previously discussed, like the Agency’s style guide.

    Of course, within just a few weeks the CIA would change their mind about some of those classifications. Apparently confirmation that the Agency uses “electronic intelligence gathering devices” wasn’t a “source or method” that required protection, after all.

    The suggestions also include a few interesting revelations, like the fact that CIA apparently used to give out buttons that said “U Done Good” and had a to put a “no sleeping” sign in their library. Another suggestion involved including a list of the names associated with the stars on the [Agency’s Memorial Wall](

    The most alarming suggestion, from a security and counterintelligence standpoint, was the inclusion of a “list of the true names of all of the Agency’s employees.” The emphasis on “all” implies that this would include not only the nameless rank and file of the Agency, but their covert employees and those under non-official cover. This list would have been a prize to any foreign intelligence service, and placing it in a time capsule in the walls of CIA’s Headquarters would have been the premise of a rather pulpy spy thriller or heist story.

    In the end, the box didn’t include such compromising information. The Agency’s listing of the contents of the box show basic speeches and documents, with a handful of redacted items. Interestingly, the list of items in the box include notes on where the suggestion was originally listed, with the suggestions including the identity of the person who suggested. Two separate people suggested the CIA Credo, which the CIA Director had recently been making a big push on. Both of the suggestions to include the CIA Credo are noted in the margins of the listing.

    Another document reveals just what items had been redacted: one of CIA’s miniaturized cameras, a “crypto chip,” and the remarks of Deputy Director John McMahon at the memorial service for the Beirut Embassy victims.

    FOIA requests have been filed about both Cornerstone boxes to help us learn more about this interesting piece of historical trivia (and perhaps to help write the script for the next National Treasure). In the meantime, you can read Agency’s history of the Cornerstone Box below or browse through more documents on CREST.

  3. Joe Early’s Worcester County DA ‘s is satellite to this Bibaud Planet Kooky Behaviour case . Colonel McKeon , recently retired , worked many years in that office . So, Trooper Ryan Sceviour , now ensconced at the Holden Barracks booking desk , was not amiss in recognizing that he , beached like a pirate by his colleagues , must be careful about the Worcester County DA’s boy getting tossed up on shore . He , and Trooper Ali Rei , have really been totally screwed in this deal , whatever the final resolution . They have a right to do their jobs without fear of reprisal . That right was taken away . A spoiled child , a doting father’s daughter whose daddy is a judge , had a substance abuse problem.

    The rest is history !

  4. We agree about something . Attorney Lenny Kesten is a bulldog . He is not to be faulted for this . A bulldog is a bulldog . He is indefatigable in his advocacy for Troopers Ryan Sceviour and Ali Rei . This becomes a problem : when the bureaucratic meets the autocratic you get the contretemps that developed with Judge Bibaud’s feckless daughter being treated exceptionally at the specific command of at least three of the polished brass . When the bulldog , Kesten , gets a bone like this he gnaws , he chews , he worries the blood marrow out of what was , is , and shall remain … A bone !

    There was never much to this case that could not have been more intelligently resolved . I was defended on major cases in my late teens by Al Hutten . He was a giant . I am defended , when required , by Attorney Steve Weymouth . If Kesten is a bulldog , believe me , Weymouth is a bulldog on steroids . He would have handled this case more … diplomatically . His clients would , perhaps , have been better served . I know a 24k attorney when I have one . I know that an attorney whose ego gets ensnared in the case can sometimes wind up defending his ego at the expense of his clients best interest .

    The Massachusetts State Police are not a bunch of career social workers . But , they do a lot of social work , nonetheless . The Bibaud case is a travesty . Trooper Sceviour , correctly , wrote up her commentary in his report . After that , he was treated …. imperiously ? … Or … authoritatively ? … by the brass . You decide . In any event , this story , like Ali Bibaud in the ” arresting hour , ” is not legless . The comedy of errors and cover thy ass judgements that followed her arrest and booking are well documented . She seems to be doing much better since that wild self-confessional on I -95 that started a chain of events ultimately motivated , I am sure , more by …. that Statie social worker … mentality , than by anything else .


  5. “He’s like the lawyer representing a rape defendant who argues his client was not the perpetrator but if he was the victim gave consent.” That got me thinking. Is that so absurd as to be impossible.

    For the sake of argument, suppose that a lacrosse team at, say, a Southern college hired a prostitute to service the team at a party. That a team member upon arrival and becoming aware of the nature of the party left. That the prostitute later alleged she was raped by the team. That an overzealous, unscrupulous prosecutor charged all team members. Would not a competent and cautious defense attorney for the innocent student make that exact argument?

    Nah. My imagination runs wild. Such a scenario could never play out, especially in the politically correct environment of a university where Hillaryites reign supreme.

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