HAMILTON — The officer who blew the whistle on the Hamilton Police Department's medical training record's violations is demanding the town pay him $5 million, claiming false allegations made against him have ruined his life and career.
If he doesn't get it, he says he'll sue the town for it.
In a letter sent to the town's litigation attorney, Leonard Kesten, last Friday, Michael Marchand also demands the selectmen write a letter "commenting on his exemplary service for his years on the Hamilton Police Department ... "
He wants another letter stating that former police Chief Walter Cullen wrongfully deprived him of his right to carry a firearm, forever marring his record.
The requests stem from a series of events Marchand claims left him out of work with job-related disability caused by stress. In the letter, Marchand's attorney, Michael Sacco, alleges his client now suffers from post-traumatic stress disorder, anxiety and panic attacks.
Many of the allegations in the letter are rehashed from Marchand's original lawsuit against the town last summer and have their origins in a fundraiser for a cupola for the public safety building that had recently opened. Marchand claims Cullen, who was suspended Dec. 12 and retired Dec. 31, appointed him to raise money for the cupola and Marchand enthusiastically complied.
The primary fundraiser was a comedy night in February 2007, which was successful. That's when Marchand claims his troubles began.
He alleges fellow Officer Karen Wallace, in collusion with Town Counsel Donna Brewer, filed a number of false accusations about the fundraising, most of them directed at Marchand. As he did in his lawsuit. Marchand alleges the situation escalated out of control because while Cullen repeatedly told Marchand he'd "take care of" the situation, he never did.
Marchand also claims the plot to discredit him, and ultimately oust Cullen, was hatched by Wallace, Officer Arthur Hatfield and Sgt. Donald Dupray.
Dupray has also been on paid leave since Dec. 12. He and the former chief are facing allegations they falsified documents to obtain a state grant for computer equipment for the Police Department.
For the most part, Marchand's version of events was corroborated by two independent investigators hired by the town to look into a number of problems in the department.
One of those investigators, Robert Pomeroy, determined Wallace and Hatfield had indeed broken department rules and regulations in their zeal to bring down Marchand and the chief. He also concluded Brewer had overstepped her bounds, and that correspondence between her and Wallace was clearly intended to have Marchand and/or Cullen criminally prosecuted.
Pomeroy was appointed interim chief the day Cullen was put on leave.
Among the misdeeds Sacco alleges were made by the town or its employees:
Cullen violated his First Amendment rights by threatening him with loss of his job if he contacted an attorney.
The former chief also violated his free speech rights when he sought to have his gun permit suspended if Marchand brought the problems with the department's medical training records to light.
As reported in The Salem News, Marchand says he was the one who alerted the state Office of Emergency Medical Services that officers were falsifying medical training records to obtain recertification as emergency medical technicians, a duty that earned them extra pay and a stipend to take the courses.
The town subsequently lost its ambulance service license for at least a year. Eight of the officers lost their certifications for a year, as well, and 10 others were reprimanded. The town and all of the officers appealed their rulings.
Marchand's demand letter claims the town "demonstrated deliberate indifference and reckless disregard" of Marchand's constitutional rights by failing to supervise Cullen, and for Cullen's failure to supervise "the rogue members" of the department.
Marchand claims the entire situation has ruined his chance of ever being employed in law enforcement or private security. He also says the only way he can reclaim his life is to move away and "try to piece his life back together in anonymity."
Marchand says all the stress caused his marriage to break up and has left him a part-time father with visitation rights. The letter advises that if the town accepts the settlement offer, his wife will drop her claim for loss of consortium, and he will seek no further action "related to this debacle."
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