Raymond 'Beaver' Tempest answers to the anonymous questions received by Caught.net regarding the Beaver Tempest complaint. [Updated 10-2-99]
The Miscarriage Of Justice Continues
This web site has received a letter dated 8/29/99 from an anonymous "Woonsocket resident". Beaver Tempest agreed that the letter be posted on the web site along with his responses to the questions. Anyone with information that reveals truth regarding this case is encouraged to email us and to Beaver Tempest at the ACI. The letter and the response to each valid, non-repetitive question follows. For convenience the questions are grouped together by issues.
I have read your article on the Beaver Tempest case, and I found it well written, well informed and interesting. A few points you omitted that I feel warrant this letter.
1. You failed to mention that Captain Lynch who later became Chief was the officer in charge on Providence Street the day of the murder.
5. You don’t ever mention the Chief of Police Joseph Baillargeon, the father of Marc, and a best friend of the Tempest family.
Answer: These facts (assuming they are true) never came to Beaver's attention during his investigation, and seem like a red herring. Chief Lynch was internally charged, and cleared of any cover-up. Are you now saying Chief Baillargeon was covering up too? The State Police also did a thorough investigation and found no cover-up. (See article at p.9 # 4-5) In RI usually everyone knows everyone. Beaver's interest was, did your police department cover-up a crime? The evidence seems to indicate crimes were covered up. But the State Police and Internal Affairs investigation was above board regarding the asserted Tempest cover-up.
2. You failed to explain why Tempest didn’t put Authier on the stand at the trial?
14. Why would Dagesse call a person he didn’t know 4 times?
Answers: It seems she was made " unavailable" or extremely uncooperative. If you recall Larry Berman of the Woonsocket Call did a front- page story on Darci Authier, and when she was informed of it she apparently refused to come back from Florida to testify. She said she would never forget the voice she heard on the phone that told her he was the murderer. ( This is a preview of the next chapter.) Beaver is also attempting to confirm that Justice William Dimitri Jr. spoke to her on the phone prior to trial.
Because of your obvious ties to law enforcement and "Jim", maybe you can get either the Attorney General or Judge Dimitri to give Beaver all the discovery request and answers, and ask Judge Dimitri to respond to the above and Beaver's other requests. The answer to # 14 is found in the complaint. Beaver couldn’t possibly put all the details on the web site. Dagesse knew Darci because Gerard (Darci’s husband) did sub-contracting work for Color King. Who owned Color King? That is all there in the original complaint.
Beaver's question is, if Pennington and Ryan are as honest as you assert, why didn’t all this evidence regarding Dagesse go before the grand Jury or why wasn't an arrest made? This seems to be the answer to # 11, but it’s not clear to Beaver.
11. Why did it take 10 years for the case to be cleared?
3. You fail to explain why Lynch who became Chief didn’t arrest Dagesse?
Answer: Beaver is only speculating here but maybe, like the State Police investigation into the murder and the A.G.’s attempt to clear the case, Beaver was not provided with all the evidence from the detectives. (See complaint) Pennington or any ranking law officer legally could have arrested and charged Dagesse, and still can. (See RIGL 12-6-69 (a), 11-23-1 has no statute of limitations.
4. You failed to explain as to why everything Shaw told the Police came through even after he recanted his testimony?
Answer: Beaver thought it was self-evident that Shaw finally got Vas to lie to corroborate his testimony after being hounded by Mr. Ryan (according to Shaw, see complaint). Shaw’s statements regarding the nefarious activity of the "former Rhode Island State Trooper," were extremely accurate, which is a lot more than Beaver can say for the information spoon fed to the press. (See complaint) If they got Shaw to lie the first time, and Beaver's research strongly supports that, then obviously they would have no conscience problem with casting someone else in the starring role.
Convictions by use of known perjury are nothing new to RI jurisprudence. [e.g. see Joseph Sunseri, Danny Brown and others on Caught's Citizen page] As you acknowledge, Beaver takes great pains to ensure he is as accurate as possible, and will correct any inaccurate statements on his Caught complaint. Beaver is attempting to bring integrity to RI by example. A final note, if Shaw was now obstructing justice after bilking the A.G. out of money for trips to Disneyland, (See complaint) and almost totally destroying their case, why didn’t the A.G. prosecute him? The answer is clear to legal minds. (It opens a can of worms and is better kept closed)
6. Why don’t you ask Beaver to take a lie detector test NOW, under the control of YOU [the Caught website]?
Answer: First, Beaver has taken two lie detectors and passed both! Second, Caught is a 100% volunteer effort and funds are scarce. Caught can’t pay the costs you are requesting without receiving funds for this specific purpose, but Beaver has agreed to a third lie detector test and Caught will supervise it if someone will send the funds. Since Beaver has already taken two lie detector tests and passed, Beaver requests that Ronald Vas also agree to a lie detector test. Caught feels this is fair and will publish all results regardless of what they are. The results will also be verified by an independent third party.
7. Was it proper for Gordon to interview his brother after the crime?
9. Why did Gordon threaten Terry Gelinais?
10. Why is Gordie in jail?
Answer: In light of the fact several other officers were there, and he may have been a witness, or knew vital information, Beaver thinks it was a good decision to get him to give all the information he possessed. Had he been the only suspect, and Gordon was the only officer to interview him, now that would have been improper, at least that is Beaver's position. Do you have a complaint or some trustworthy proof of a threat? Remember Vas shot up his own vehicle and tried to blame that on the Tempests too.
8. Why did one of the other guys plea bargain?
Beaver has done little to no investigation into any of the "other guys" but maybe he saw what happened to Beaver and decided to make the best of a bad situation. What other guys? Monterio? Gordie has never contacted us and Beaver has not looked into their cases. What relevance does it have to Beaver's complaint? You have not sent Beaver or Caught any documents or even claimed Beaver's Caught complaint is inaccurate. Let’s stay focused on this one for now. Maybe the "other guys" cases will be published. If you have evidence disproving anything in Beaver's complaint, put up or shut up.
12. IRZA. If you had a guy who stole cars, wouldn’t you make a deal to solve a murder?
Answer: With regard to Stanley Irza, Beaver could not agree with you more, if and only if his testimony was truthful and verified. Most criminals will say anything you want to avoid jail. All you have to say is, " I’m not hearing what I need to hear." Right?
Irza originally tips the police off to Danny Shaw, correct? So if he was so cooperative with his brother-in-law, Det. Rodney Remblad, why only after he was hit with a federal indictment did he start singing this song? Cracking this case would be a big boost for Remblad, and boost Irza’s boasting enterprise too! We know Shaw gave perjured testimony in order to obtain the original indictment, right? So how truthful and verified does that make Irza’s statements? Irza, according to the 1/16/88 report even says, " Irza will supply him (Remblad) with enough information to possibly squeeze the other principals in the case" to lie before the grand jury? And did Beaver not mention the fact that Ronald Pennington personally wrote a letter to Federal District Judge Torres to get Irza the sweet deal?
13. If Laferte remembers, why doesn’t she come forward, she works at K-Mart at the Lincoln Mall?
Answer: The answer to why Laferte and other witnesses did not come forward and why these facts did not, or were not allowed to come out at trial are the subjects of the next chapter in the Tempest case. Unfortunately Beaver, being incarcerated, doesn't have the staff or funds to obtain all the documents and do the investigations he would like. Can you get a blanket grant of immunity for any witness who now wants to call? Can you get a blanket grant of immunity for any who want to tell the truth? Can you get a strictly enforced restraining order against the Woonsocket Police and A.G.? if you can, Beaver will publish these grants of immunity and everyone will see the truth come out.!
15. You say Dagesse comes from money… Explain what you are talking about.
Answer: It has been reported to Beaver that the Dagesse family, aside from owning businesses, also owned a significant amount of property and had political connections. Beaver understands almost everything that occurs in RI is connected with politics. [i.e. who you know or don’t know means everything] If you can add or clarify this more, or if it is inaccurate, please let Beaver know and he will immediately correct it.
If Beaver has made any statements that are incorrect about James "Jim" Ryan, all you has to do is provide Beaver with the documented truth. Also send it to Caught and Caught will publish it. Beaver is out to bring honesty into RI Government. When you see Jim, ask him if he ever turned over the 1/10/92 interview and tape from the Massachusetts State Police to Mr. Dimitri? Beaver strongly commends Jim Ryan for his memo of 1/12/95 exposing Pine’s Strike Force. That took great courage and Beaver commends him for standing up against internal corruption. (see Projo 8/16/96 RI on Trial Chapter 11 p.2) Sylvia and Michael Burns however call him "hot-headed and incompetent." And a few months later Ryan lost his position. Maybe Mr. Ryan was somehow duped into believing the police and their witnesses? It would not be the first time. If he is as honest as you say, he will pressure Sheldon Whitehouse and Margaret Curran to reopen the investigation of this case, and the internal corruption.
What also lends some credibility to Mr. Ryan is the fact he did not destroy notes of two meetings with Pine and Burns regarding the perjury deal in the DiPrete case. Of course this could have also been pay back time for Pine & Burns for Ryan’s demotion. Ryan and Radcliffe’s honesty put Pine out of office. Again Beaver thanks both men but especially Radcliffe.
Beaver would love to find just one honest, completely forthright member of the Attorney General’s office to pick up where Mr. Ryan left off with his Strike Force memo. But what happened to Ryan also seems to have happened to several exculpatory witnesses in Beaver’s case. They were threatened with loosing their children and jail if they did not cooperate. Beaver will give Ryan the benefit of the doubt for now. However, the Rhode Island Supreme Court in State vs. Towns, said a prosecutor has a duty to correct what he learns to be false and elicit the truth. And the Federal Courts in US vs. Alzate, 47 F3d 1103 (Eleventh Cir. 1996) said it’s the prosecutors responsibility to reopen the case and bring the truth to the attention of the court! It appears Mr. Whitehouse is leaving it up to Beaver to reopen the case via endless legal wrangling. Whatever is done, or more importantly not done, will show the public how honest their Attorney General’s office really is.
And one final note, ironically trial Justice Judge Bourcier is now on the RI Supreme Court. The RI Supreme Court made this quote in a wonderful dissenting opinion in the DiPrete case:
" the Court of Appeals for the Sixth Circuit, took the unusual steps of reopening a case on the court’s own motion and then vacating a prior judgement on the basis of prosecutorial misconduct by attorneys of the Federal Government. Observing that as no court system can function without safeguards against actions that interfere with its administration of justice, the Sixth Circuit insisted that an officer of the court, every attorney has a duty to be completely honest in conducting litigation."
Maybe someone will follow the 2nd Circuit, and put some faith back into our judicial system.