Perversion of Justice by Judge William J. Groff, Supervisory Justice of the Hillsborough County Superior Court - Southern District, New Hampshire

NEWS FLASH  

A Justice in New Hampshire deems that death threats caught on tape are not admissable in court because the subject of the harassment by local officials is not dead yet. 

  In other words, the roofing manufacturer/contractor who reported Garland's activities to local authorities has to be Exhibit "A" - dead - in order to prove that the taped death threats are real. Imagine!

UPDATE....February 21, 2010..... Three Justices involved in the case have resigned in the past month, young and early - one of them stating, "mixed feelings in the sense that I truly enjoyed serving as a judge".

Those retiring early? Justices Kathleen McGuire, Justice Philip Mangones, and Justice James Barry, Jr.

You can see the Press Releases from the Court here: http://www.courts.state.nh.us/press/McGuire.htm and http://www.courts.state.nh.us/press/barry-mangones-retirements.htm

Coincidence?

On February 18, 2010, every single one of Gerard Beloin's motions to continue in all of his cases and the expedited scheduling of all of his pending motions to dismiss filed since December 10, 2009 was made by the Court.
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The story: I guess the New Hampshire authorities will go to any length to protect their own - as Mayor Willie Brown of San Francisco and the others involved on the California Supreme Court level, and at the University of California, did in my case.

Wow! It's not too hard to guess why this Judge is not interested in hearing the truth. He knows it, he's covering up. Bottom line.  

Here's the latest note from the manufacturer - and it's chilling:

Dear All,

I want all of you to listen to my latest release. It is of Judge William J. Groff, Supervisory Justice of the Hillsborough County Superior Court - Southern District, telling me that my allegations have no merit because I am still alive!!! Imagine that!! Following are the transcripts. Keep in mind that he is the SUPERVISORY Justice. He is the one that sets the tone for all of the other lesser judges.

2009-06-22 - TRANSCRIPTS OF HEARING ON MOTION TO REDUCE BAIL

HILLSBOROUGH COUNTY SUPERIOR COURT - SOUTHERN DISTRICT

JUSTICE WILLIAM J. GROFF PRESIDING

DOCKET # 09-S-0851-0852-0853

GB: Gerard Beloin

JWG: Justice William Groff

GB: What do you do your Honor. What do you do your honor when ah, it's members of organized crime, that's what the recordings are all about, and they even say so. If you want, if you want to humor just for a few seconds. (to play the recordings)

JWG: I don't want to humor you.

GB: Alright. Well. That's what they are saying. They are saying that they are going to send the Italians up through NJ to get rid of people like me. That's what they are saying. And they are bragging about how they killed my partner, Dr. Hieber, who is dead. They go into detail as to how they killed him. They go precisely what kind of poisons they used to kill him. And he died "unexpectedly and mysteriously". And now they are saying that they are going to do the same thing to me. So..........

JWG: If these people they are all powerful They could have done it to you whether you were in prison or not in prison. Whether you were in jail or not in jail. Wherever you are they would have had you signed, sealed and delivered by now.

GB: So what you are saying your Honor that unless I bring my dead body in as EXHIBIT A that you're not going to believe me??? I'm not willing to comply with that.

Update on Carlisle-Syntec vs. Tremco - in Carlisle, PA

So what's happened in the previously-reported Carlisle-Syntec vs. Tremco saga - in Carlisle, PA? 
Located here: http://schoolroofingscam.blogspot.com/2009/05/carlisle-vs-tremco-in-carlisles.html 

A lot. 

Mr. Nick Shears, Vice President, Sales and Marketing for Carlisle Construction Materials, wrote a letter to Mr. Jack Wagner, Pennsylvania's Auditor General, in response to Mr. Wagner's "As I See It" column in "The Patriot News" entitled "Competition lacking in state contracts".  

Mr. Wagner, the Pennsylvania Auditor General, had stated: "Innovation is the growth engine of capitalism, and it's why the United States has one of the highest standards of living in the world." then: "Innovation, in turn, leads to new jobs and new industries." 

"Innovation and competition also lead to lower prices." 

"Competition is the American way." 

"A competitive and open bidding process must ensure that all interested companies are afforded the opportunity to bid for state contracts." 

and finally: "Competition is good. It spurs innovation, creates more jobs and saves state taxpayer dollars." 

And this author's note: Competition adds more dollars back into the kitty for actually educating - and spurring on more innovation as a result. 

Mr. Wagner has "got it". If competition is "perverted" in any way, the entities and those who help them do so have helped to destroy our present and our future. And right now, that is dear - in this economy. 

All these Lock-Specs do is ensure bond financiers and Wall Street Financiers of continuing to siphon off profits built on quick-sand.  Such as Goldman Sachs et. al.

Do we want to be financing a lot of nothing for a lot of fatcats who don't know how to work, destroying families and careers of those who have ethics and care about their neighbors and their kids' futures - you know, those who keep demonstrating how little they could care about any of us?

Companies like Tremco and Garland service the monopolists at all our expense.

They have made war on us.

And I am not a leftist at all, saying this - far from it.

I see reality - and the rest of us need to as well, because we have been done in by these massive thieves.....

So to those who play with "Lock-specs" - you are destroying capitalism - and all our futures. 

Editorial is reprinted below and at: http://schoolroofingscam.blogspot.com/2009/05/carlisle-vs-tremco-in-carlisles.html (A recent Wall Street Journal article showing extreme cuts in education - and our futures as a result - is also shown below.) 

Mr. Shears, the Carlisle Construction Materials Vice President, Sales and Marketing, responded to Mr. Jack

e tax increases; and because there is no accountability at the school board or decision-making level, the problem continues. It is especially bad in Pennsylvania, where school districts spent $30 million on roofing products through the AEPA in 2008, the highest amount in the country. 

The AEPA program is extremely secretive, so it is difficult to estimate how much of the $30 million could hav he AEPA purchasing program. Not only does it result in higher prices and taxes, but it also stifles the economic growth of companies like Carlisle Syntec that adhere to state bidding requirements and seek to provide its customers with proven products at fair market prices." [Note: We are aware that Tremco had an employee on the AEPA that ensured their selection as the "roofing product" to purchase.] Good for Carlisle Syntec! For more information on what happened, and more clearly defined issues with the AEPA "Model", please see this article - "Taxpayers Angered Over School District's Failure to Competitively Bid Roofing Projects", located directly below:
Mr. Jack Wagner, Pennsylvania Auditor General's, Op-Ed piece: Mr. Nick Shears, Vice President, Sales and Marketing, Carlisle Construction Materials, response to Mr. Jack Wagner's Op-Ed piece: Wall Street Journal article on School activity funding decreases from Oct. 28, 2009: Link is http://online.wsj.com/article/SB10001424052748703574604574499283752291324.html For Further Reading, please see: Midwest Roofing Contractor's Association (MRCA) Article of , entitled "Carlisle SynTec employees sue CV over roofing contracts ", at: http://www.mrca.org/i4a/headlines/headlinedetails.cfm?id=1008 and in The Sentinel Online, June 19, 2009, entitled "Carlisle SynTec employees sue CV over roofing contracts", at: http://www.cumberlink.com/articles/2009/06/20/news/local/doc4a3c2c6722332841382376.txt

So What's Wrong with the AEPA "Model"?

Hmmmmmm.....So what's wrong with the AEPA "Model"?  

A lot - everything, in fact.

 Basically, those who specify and design anything with regard to buildings over a certain size - usually two residential units - have to be INDEPENDENT licensed architects and/or engineers. And the architects and engineers are not allowed to "stamp off on", "review" or "approve" others' specifications. The work has to be done under the direction of the architect and engineer. Period, end of story.  

Why are these laws in place, and how do they affect those who are encouraged by manufacturers to overstep their bounds to buy those products?

 These laws are in place to help ensure the safety of the public. Safety of the wise use of the public's money and the public's physical safety. It's absolutely no laughing matter.  

Imagine, for instance, the following (and it's all too often happening):  
 A manufacturer "convinces" a School Board or a Purchasing Agency that it's OK to sole-source their product. The product is applied:  
1. Without anyone checking the tests listed, to see if they really meet what they say they do;  
2. Without anyone checking to see if the roof replacement is needed in the first place (independent testing);  
3. Without anyone (independent) checking to see if it is applied properly;
 4. Without building permits;  
5. Without a full set of drawings that allows for independent and fair bidding;  
6. Without a warranty collection and enforcement system in place; and  
7. Without any knowledge of standard roofing bidding, contracting, application and warranty terms.  

So what happens next? We have repeatedly heard of roofs failing when Conflicts of Interest are involved, within 6-8 years, and some now within 3 years. Worse, the affect on the structures below are not generally addressed - metals and wood are particularly affected, concrete more longer term, but still affected. Under torrential rains, hail, snow and ice, such roofs become deadly quickly.  

Overall costs are outrageous.  

Only certain contractors will get all the work.  

Costs are higher from the monopoly created and collusion.  

So it means, clearly, that only independent, licensed architects and engineers should design and make materials specifications for buildings, and no one else should influence those decisions, including but not limited to:  
1. Purchasing Agents  
2. Facilities Managers, Architects and Engineers  
3. School Board Members  
4. City Council Members  
5. Manufacturers 
6. Etc.

 Why not allow unlicensed persons acting as architects and engineers to be involved, possibly with Conflicts of Interest involved?

 It allows for graft and corruption, and it allows for the untrained to put the safety of the public at risk. ____________________________________________  

Outlined in the article below are some of the points. The first five points are taken from the article in the previous post, reposted at the end of this post - which we find not comprehensive enough.  

1. "Open bidding laws exist to provide fairness and transparency and are designed to prevent the loss of fair competition."  

Note: In California, Conflicts of Interest have been used to destroy the standards that have worked for many years in most states and federal work. For example, in 2003, the Asphalt Lobby through a group of road paving contractors and Pacific Gas & Electric, as well as suppliers of peripheral roadway equipment, had the California Public Contract Code changed to read that design professionals did not have to list any equals in product listings, or even one product, unless they "happened" to know of one! The law should have read to list three products and the words "or equal."

 2. "The school districts have no insight into the actual bidding process conducted by the AEPA."  

Note: The AEPA involved itself in Conflicts of Interest Schemes by the "winning" "bidder" - Tremco - by having one of their personnel "picking" the "winning" "bidder." 

  They go on to say: "For example, AEPA's process requires any roof service to be bid on a per-square-foot-basis, which consistently produces significantly higher estimates than the standard process of an independent contractor who would estimate labor and materials using a more practical application."  

Note: What in the world are Purchasing Agents doing taking over bidding processes for fire-rated materials in public construction projects out of the hands of licensed architects and engineers? They aren't licensed for the health, safety welfare of the public and have no licensed fiduciary duties to the public!  

3. "This model uses [restrictive] proprietary specifications, favoring one manufacturer [Tremco], which most states prohibit. The AEPA Model selects one vendor and precludes others for a three-year peiod."

Note: Again, this whole issue would be a moot point if the licensing laws were followed, and purchasing agents and others stopped practicing architecture and engineering without a license.  

Not all roofing products are equal or applicable to all conditions. 

 4. "AEPA solicits bids for blanket pricing with no regard for geograhic wage scale variatios. It is only reasonable to conclude that the highest pay-scales are factored in regardless of regional cost of living."  

Note: Again, this whole issue would be a moot point if the licensing laws were followed, and purchasing agents and others stopped practicing architecture and engineering without a license.  

5.  "Most state bidding laws require licensed architect review and approve school construction specifications."  

Wrong! A-b-s-o-l-u-t-e-l-y N-o-t!  

This point is critical! Architects and Engineers are NEVER allowed to "Review and Approve" other's work or recommendations without them being under contract with the Architect and Engineer and under the direction of the Architect or Engineer. That is, the School Board, the City Council, the Facilities Engineer or Manager, etc. may not make any demands of the architect or engineer. They are not independent, without Conflict of Interest issues - whether or not they are licensed architects or engineers.  

The basic problem with the AEPA Model?

CONFLICTS OF INTEREST allowed through the unlicensed, independent practice of architecture and engineering by purchasing agents.

 It seemed to have been developed by Tremco after it got too hot here in California getting the School Board, the City Council, the Facilities Engineer or Manager to force architects who wanted work to "specify" their "favorite" "manufacturer."  

To Define again - What is the "AEPA Model"? 

A Manufacturer running to the Purchasing Agents to circumvent the normal processes, set up to stop Conflicts of Interest that endanger public safety - whether financial or physical.  

So if Tremco nailed down this end-run-around safety procedures to steal work and the taxpayer dollar, in a never-ending desperate pattern of selling products at exorbitantly high prices with low replacement times, what did the other mimicking manufacturers do?  

The same thing. 

"Copycatting"... direct with Purchasing Agents.

 Just wait for the next post - you are not going to believe it - unless you are in the industry and have seen this over and over and over for many years, without anyone doing anything about it. __________________________________________________________

 If you as a School District or School Board Member, City Council Member, Architect or Engineer is involved with such specifications, know that you are literally playing with fire. And the fire should be under you.  
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Here is a copy of that article outlining some of the issues: