Zill: City Leaders Should Stand With Cavanaugh, Stop Fearing DuBois

By Jane Zill

On Oct. 8, 2015, the Editorial Board of the Portsmouth Herald criticized Portsmouth Police Commissioner Cavanaugh for changing her mind about a proposed Separation Agreement for Portsmouth Police Chief DuBois.

Cavanaugh shouldn’t be criticized. She made her decision after hearing an hour of public comment from knowledgeable and concerned citizens. She did what elected officials are supposed to do – represent the people. Here are the links to the editorial and the YouTube of the Police Commission meeting on Oct. 7, 2015, when Cavanaugh changed her mind:

• seacoastonline.com/article/20151008/NEWS/151009285/101051/
• youtube.com/watch?v=1jz0GJ7VnDI

The controversy surrounding the Chief’s departure can best be understood in context of what has transpired since last June, when all levels of the leadership of the Portsmouth Police Department, including the Police Commission, were criticized in the Roberts Report, the product of a city funded special investigation into a painful saga in Portsmouth’s history: An elderly, single, childless woman with dementia, Geraldine Webber, was unduly influenced by a Portsmouth police officer in order for him to inherit her multi-million dollar estate. Here is the link to Roberts Report: unionleader.com/apps/pbcs.dll/article?AID=/20150602/NEWS07/150629435

Webber’s changed estate plans were contested in Judge Gary Cassavechia’s probate courtroom last May. In his scathing August ruling, he made clear that the PPD command staff, who are sworn to protect and serve, failed to protect Webber. Here is the link to the Cassavechia decision: seacoastonline.com/article/20150821/NEWS/150829811

In addition to becoming unduly influenced in the context of the relationship the officer had forged with Webber, her long-term supports fell away, she became alienated from the most meaningful relationships in her life, and she died of inanition, which is starvation associated with advanced dementia.

Our sadness for Webber is coupled with another painful realization for the people of Portsmouth: Some city leaders were willing to allow taxpayers to lose approximately a million dollars Webber had left the city for fire and police safety equipment - that is, before she became involved with a member of the PPD who unduly influenced her to change her will.

As emotionally complex as the Webber tragedy is for Portsmouth, it may be one of the most important topics in the community because as Attorney Paul McEachern has stated, it’s about official police corruption.

While Webber was still alive, Chief DuBois told the public that his department had done a thorough internal investigation into the matter and found no wrongdoing. But during probate proceedings last May, it became clear that there had never been an internal investigation.

Depositions taken for probate court reveal that the PPD had a vendetta against Webber’s long-term attorney James Ritzo, and this was part of the reason her plight was ignored by the command staff.

As public outcry grew louder about the matter, the officer who was unduly influencing Webber received a promotion. Yet, Officer David Keaveny, who had explained to the offending officer that members of the department are not allowed to accept gifts, was moved to a patrol detail.

The entire management of the Webber matter is alarming and so is what has transpired since.

Officer John Connors, 42-year veteran of the PPD, went to the press about the Webber matter in August of 2014. His command staff responded by placing him under a gag order.

Prior to this, beginning in late 2010 while Webber was still alive, Connors had alerted his command staff and other authorities about his concerns for Webber; he then became a subject of an investigation by the AG’s office for stalking her!

DuBois refused to lift the gag order on Connors even other city leaders asked DuBois to lift it. This has directly led the city into a totally avoidable federal whistle blower lawsuit, but one that is now necessary.

And there’s more. Last July it was discovered that the Police Commission had been working from two different agendas at its prior meeting. DuBois explained that he had added an item to authorize funds for a public relations consultant without alerting the commissioners—before, during or after the meeting.

He was not reprimanded for this serious breech of process, one that potentially included a taxpayer expenditure of approximately $6,000.

In comparison to the lack of reprimand for DuBois, after the release of the Roberts Report, Cavanaugh called out the other commissioners for allowing personal relationships to interfere with their duties. Within months an anonymous letter writer accused her of a crime that occurred in 1991, for which the statute of limitations ran out 13 years ago. At the time, there had been an investigation and determination that Cavanaugh was not involved. Unbelievably, taxpayers are now funding a special investigation into Cavanaugh, one that appears to be retaliation for her speaking out for the public.

When asked at a recent meeting of the Police Commission about it, DuBois could not provide any information about the cost of the investigation or when it will be concluded, only that it’s ongoing. Apparently even he is not taking it very seriously; how much it will ultimately cost taxpayers?

Cavanaugh should not be under investigation; instead the Police Commission should have directed the PPD to discover who had gone into the city’s electronic files to attempt to find dirt that could be used to smear her.

Cavanaugh and the public deserve specific information about the status of that special investigation, a quick conclusion, and information pertaining to the identity of the anonymous letter writer and others who might have participated in an attempt to smear Cavanaugh.

Now, fast-forward to the fall, Officer Andre Wassouf wrote to the Portsmouth Herald (Oct. 2st) to express his displeasure about the job DuBois is doing. Here is the link to Officer Wassouf’s letter: seacoastonline.com/article/20151001/NEWS/151009928

Portsmouth’s best number crunchers can’t possibly quantify the cost of decreased morale within the police department and of the community’s outrage, not to mention what it’s like for the involved families as this drags on, but we know it’s got to be costly.

Yet, our city leaders seem stuck in terror of the lawsuits DuBois is threatening to bring if he’s made to go now. I say, let DuBois take his chances on the witness stand. So far, everyone in the command staff who has testified in the probate trial has been sorely discredited.

From the beginning we were told that Webber’s original beneficiaries would not find justice through probate court, but they did.

Then we were told to worry that the Police Union would fight to reinstate the officer who unduly influenced Webber after he was fired, but so far it hasn’t, even though the officer has filed a grievance.

Then we worried that the officer would appeal Judge Cassavechia’s decision, but he has decided not to appeal.

History here tells us that we worry about things that we shouldn’t and, unfortunately, don’t worry about things that we should.

It’s time to worry less about lawsuits and instead worry about ethics, justice, safety, and integrity by making DuBois go now.

Cavanaugh, Connors, and Wassouf are brave, why can’t we all be?

Jane Zill lives in Portsmouth.