SalemNews.com, Salem, MA

March 12, 2010

Former charter school head to sue Marblehead, sergeant

By Alan Burke

MARBLEHEAD — Former charter school head Tom Commeret has given the town written notice that he will sue Marblehead and police Sgt. Marion Keating over his arrest in 2007 for pushing a student.

Commeret was acquitted following a jury trial in May 2008.

In his letter, Commeret accused the town and Keating of pursuing the action with "extreme prejudice and wanton disregard for my civil rights."

Speaking with The Salem News last night, he said he was obliged to follow this course for several reasons, including the burden of legal expenses.

"I'm $80,000 in debt. I don't have that kind of money. ... It's my good name, too. I've never touched a kid," Commeret said.

His letter to the town indicated lasting damage.

"While the acquittal exonerated me legally, it did not repair the very public desecration of my professional reputation," the letter said.

Previously, Commeret has told the News he has been unable to secure a job in education despite 30 years in the field. An online search of his name brings up the false charge, he said, "but you have to dig to find out that I was acquitted."

In addition, Commeret believes Keating ignored evidence that his accuser had suffered abuse in the past — at the hands of someone else — and had a reputation for falsehood. He maintains that the pushing incident simply never happened.

An opportunity to sort the whole thing out before a magistrate, Commeret said, was prevented when the charge was upped to a felony. "And my life is turned upside down because of it."

The letter indicates a federal lawsuit. To bring the case requires written notice to the town, theoretically giving time for a settlement. Commeret has yet to hire a lawyer, explaining that he is waiting to hear the town's reply. Thus far, he has only been contacted for information by Marblehead's insurer.

Keating's lawyer had no comment.

Selectman Harry Christensen, a lawyer, would only say, "I read the letter, and we've referred it to counsel." He noted that Commeret attended the last meeting of the board, but did not speak.

This action is connected to two other local controversies. Commeret has sent his letter just as Keating has been sanctioned by the town for allegedly sexually harassing a fellow officer by joking in coarse language that he intended a romantic relationship with an assistant district attorney and lying about what she'd said.

She is currently appealing a 50-day suspension.

Meanwhile, Commeret's 12 years as head of the charter school were marked by tensions as supporters of the town's traditional public schools resented the taxpayer funds earmarked for what they saw as an unneeded competitor. At one point, he was accused of physically detaining former Superintendent Ellen Minihan.

No charges were filed, and Commeret vigorously denied the accusation.

Later, the assault charge came as he was fending off a revolt among a faction of charter school parents and supporters who accused him of behaving in a dictatorial manner.