Kenneth M. O’Brien
We’ve been told that the results of the State Police investigation into who leaked Executive Session minutes are inconclusive.
If you read the report, you might be of the opinion, as I am, that a reasonable conclusion can be reached.
One person was named as the source of the leak by a reporter, according to a statement by the Town Manager to the investigating officer from the State Police.
As I’ve pointed out before, such a statement appears to be exempt from the hearsay exclusion as evidence. In other words, in a court of law, in my opinion, this would be allowed as evidence.
What was the basis for exonerating the former councilor named by the reporter?
According to him and the investigating officer from the Southbridge Police, it was the observation that his copy of the Executive Session materials had not had the staple removed nor was there evidence of heavy folds that would indicate a copy had been made.
According to him and the investigating officer from the Southbridge Police, it was the observation that his copy of the Executive Session materials had not had the staple removed nor was there evidence of heavy folds that would indicate a copy had been made.
Allow me, for a moment, to question that “exonerating” evidence.
If I am making copies of such material to provide to the press, what is to prevent me from making an additional copy and substituting it in my packet for the original?
Would a simple examination of such a copy betray any tampering?
No, of course not. What should have been done, in my opinion, was to compare all councilors’ copies to one another. Such a comparison would, among other things, compare the staples used, the quality of the paper in the copies, the alignment of the print on the pages, etc.
Lacking this comparison, I am not of the opinion that the cursory examination cited outweighs the “declaration against interest” made by the reporter to the Town Manager.
I would be curious if others who have read the report reach the same conclusions that I have.
Would a simple examination of such a copy betray any tampering?
No, of course not. What should have been done, in my opinion, was to compare all councilors’ copies to one another. Such a comparison would, among other things, compare the staples used, the quality of the paper in the copies, the alignment of the print on the pages, etc.
Lacking this comparison, I am not of the opinion that the cursory examination cited outweighs the “declaration against interest” made by the reporter to the Town Manager.
I would be curious if others who have read the report reach the same conclusions that I have.

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