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The Maynard Beacon, March 20, 1997

He’s innocent
Fired worker says he will sue the town
By JEREMIAH LEIBOWITZ, Staff Writer


MAYNARD – John Malloy is celebrating.  On Monday, after a two year ordeal, the former foreman of the Water and Sewer Department was found not guilty in concord district Court of two charges of larceny under $250, the only criminal charges that remained against him.  The district attorney had previously dropped a charge of solicitating a bribe, the only other charge Malloy was facing.  “I just want to tell all the people who believed in me, thank you very much.  I really appreciate it,” Malloy said after the verdict was in.  Since Monday, Malloy and his close family and friends have been riding the high of victory, of vindication.  Two hand-made signs adorn the outside of his Amory Avenue home, proclaiming his innocence in the eyes of the law.  But Malloy’s celebration barely conceals the bittersweet nature of his victory.  Malloy, who maintained his innocence all along, says the legal battle has “destroyed” his life.  Malloy says he lost his job unfairly, his name has been dragged through the mud, he has been forced to spend his life savings defending himself against “trumped up” charges in court, and he has become an emotional wreck.  For all this, he blames “corrupt” town officials.  “The town destroyed two years of my life,” Malloy said.  “It’s amazing what these people can do to you if they want to.”  Now, Malloy is ready to fight back.  Within the next 30 days, Malloy plans to file a lawsuit, for as much as $1 million, against the town.  Though he is reluctant to make innocent taxpayers pay for what happened to him, he says it is the only way to hold the town accountable.  “What goes around comes around,” he said.  “Now it’s my turn.”  According to Malloy’s lawyer, Lowell-based Scott Bratton, the lawsuit will, at the very least, name Town Administrator Mike Gianotis and Department of Public Works Superintendent Walter Sokolowski.  Bratton plans to review his files before deciding who else to name in the suit.  “It is very unfortunate that the people in the town, both elected officials and hired employees, would take such shabby evidence and in a very mean-spirited way, ruin this man’s life,” Bratton said.  “Somebody has to pay.”  Town officials, however, insist the charges against Malloy were legitimate.  “We wouldn’t have gone forward with this if we didn’t think the charges were legitimate,” said Frank Ignachuck, chairman of the Board of Selectman.  “There is nothing vindictive here.  It’s nothing personal.  Gianotis declined to comment in detail, but also said the charges were legitimate.  But Malloy doesn’t believe the town acted in good faith.  The way Malloy tells it, his story is a tale of a man who stood up to corruption in town only to be squashed by people he considered his friends.  Two years ago, Malloy was 59-years-old, three years away from retirement.  His life was good.  He liked his job, and at $58,000 a year, the money he made as Water and Sewer Foreman supported a comfortable lifestyle.  Back then, Malloy never imagined the living hell life would soon become for himself and his family.  Malloy said his problems began in early 1995.  In his capacity as Water and Sewer Foreman, Malloy said he went to top town officials with complaints about how things were done at the department.  But according to Malloy, town officials didn’t want to deal with the issues he was raising.  According to Malloy’s theory, when he refused to keep quiet, officials tried to squeeze him out of his job.  “People said if I wanted to play hardball, I’d get hardball,” Malloy said.  In March 1995, Malloy realized something strange was brewing.  He heard people “whispering” about him and decided to confront his superiors to find out what was going on.  When Malloy met with Gianotis, Gianotis told him he was suspended without pay.  Malloy was shocked.  He had worked for the town of Maynard for 17 years, and he described his record as “perfect.”  On April 26, 1995, the Board of Selectman fired Malloy, citing as cause the “good of the town.”  It wasn’t until about four months later that Malloy was formally charged with a crime.  At first, the allegations against Malloy were numerous.  He was charged with stealing tools from the town, falsifying his time card, collecting money for overtime hours he didn’t work, using a town tax number to purchase goods for himself, and soliciting bribes.  Malloy insisted he was innocent of all the charges.  Over time, all but two charges of larceny under $250 – the charges Malloy was found not guilty of Monday – were dropped.  Malloy’s ordeal has extended outside the courts as well.  When he tried to collect unemployment, the town fought his effort, he said.  To this day, Malloy said he has not been able to collect a cent.  He says the legal battle has left him in serious financial trouble.  His life in disrepair, Malloy now hopes the town will do the “honorable thing,” and offer him his job back.  “I would take it back and then retire,” he said.  “I just want everyone to know that I didn’t do anything wrong.  They are the ones who did something wrong.”

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