NBC 10 I-Team:Town says former cop committed fraud; his attorney refutes claim
The Town of Charlestown said one of its former police officers many have committed fraud by not dropping two civil lawsuits against the town.
In a letter filed in federal court, Timothy Cavazza said Evan Speck committed fraud when he contradicted an earlier statement by his attorney that he would dismiss the lawsuits involving the Town of Charlestown. Cavazza said Speck contradicted himself when he told the NBC 10 I-Team a day later that the reason for his crimes were connected with the civil lawsuits, which he couldn’t discuss because it “pertains back to my lawsuit which I can’t get into because it’s still in court.”
“Not only is Mr. Speck now making excuses for his crimes – a theme that directly contradicts his statements to this court in which he took full responsibility for his crimes – but his public statement and conduct indicate that he presently has no intention of dismissing his civil cases against the town,” Cavazza writes in his letter to Judge William E. Smith.
Michael Lepizzera, Speck’s attorney, said Cavazza’s letter was inaccurate and that the civil case will be dismissed.
“I’m not happy with Cavazza’s letter because it said there was misrepresentation to the court,” Lepizzera told the NBC 10 I-Team. “I represented to the court that the civil case would be dismissed. I’d never say that if I didn’t have 100 percent full authority from my client.”
Lepizzera said he has not filed a response to the letter because he doesn’t want to “waste Judge Smith’s time or the court’s time.”
In fact, Lepizerra said he reached out to Speck’s civil lawyer, Ed Roy, last week saying that Speck would be dismissing the cases with prejudice (waiving any future claims).
He went on to say that he personally drafted paperwork for the dismissal and has the consent of two of the three attorneys involved in the civil cases, but as of 5 p.m. Thursday, had not heard from Cavazza – the attorney representing the town.
“In order for me to do that I need to hear from the town to say ‘yes, you have my permission to file the stipulation.’ I have it from Ed Roy, and Marc DeSisto but not the town.”
Asked if he believed there was a reason the town was not consenting to the dismissal stipulation being filed, Lepizzera said: “I’d be shocked if town wants to engage in more litigation.
“To not allow them to be filed … all they will do is create more billable hours and attorney fees for the town,” he added.
Lepizzera said he’ll give Cavazza until Friday to give consent for him to file the dismissal stipulation and if he doesn’t get the consent, he will contact the court.