Police files released in old probe of Nashua mayor’s hubbyBy KIMBERLY HOUGHTON
Union Leader Correspondent
November 04. 2013 1:58PM
NASHUA — About 100 pages from a police investigation into David Lozeau, the husband of Nashua Mayor Donnalee Lozeau, were released Monday, shedding light on a continuing battle between the mayor and the city's police department.
David Lozeau is not facing any criminal charges amid previous allegations of drug use, bid-rigging and leaking of confidential information as a former bail commissioner.
David Lozeau said Monday that private conversations secretly taped during a police investigation from 2009 to 2010 were a breach of his privacy.
"The fact that the recordings are now being brought forward years later, in the current political climate, is even more offensive," Lozeau said in a statement released by his attorney Monday.
No criminal charges were ever brought against Lozeau, even though the Nashua Police Department was investigating him for alleged bid-rigging, drug use, leaking of information as a bail commissioner and possible dealings in city corruption, according to 99 pages of police investigative documents released Monday.
"I have been advised by my lawyer that I have the right under the right-to-know law to challenge the release of these documents. Despite the fact that I would probably be able to prevent release of the documents if I so chose, I will not be exercising that right," said Lozeau. "The public has a right to view these documents and make their own determination."
Lozeau went on to say that in the midst of a "political battle between the NPD and (Mayor Donnalee Lozeau)" the files have resurfaced even though the case was closed years ago.
"I am a lifelong resident of the Nashua community, and I am willing to rest on the reputation I have earned during that time," said David Lozeau, maintaining the police investigation was revisited earlier this year after his wife publicly called out the city's police unions for failing to negotiate new contracts.
The released documents included a letter from Lt. Michael Carignan to Capt. George McCarthy dated Dec. 7, 2011, titled "Issues concerning Bail Commissioner David Lozeau."
"I would like to discuss several issues with his bail practices, truthfulness and affiliations/friendships with known drug dealers and users. As you are aware, Mr. Lozeau has access to sensitive information about people who are arrested. Due to the nature of his job, he is able to know who may be providing information to the police as informants," the letter indicated.
" … The ability to keep sensitive information secret is an absolute requirement in that position. I believe that on several occasions, Mr. Lozeau has compromised that trust by making bad bail decisions, associating with known drug users/dealers and lying to the Nashua Police Department supervisors about his bail duties," wrote Carignan, who highlighted several instances in which he alleged David Lozeau issued low, personal recognizance bail for offenses that typically have no bail associated with them — such as a violation of a protective order.
Allegations were made to police that David Lozeau was a heavy marijuana user, although police unsuccessfully attempted during the summer of 2011 to use a confidential informant to obtain drugs from Lozeau's alleged dealer, the documents indicated.
Carignan said he believes that David Lozeau tipped off the dealer about the confidential informant.
" … It clearly appears to me that Mr. Lozeau seems to be using his position as a bail commissioner in a less-than-professional manner," wrote Carignan. "It is clear that when questioned by certain friends, he will provide information indicating someone is working as an informant for the police, thereby protecting that person's drug-dealing status."
Carignan went on to claim that David Lozeau lied to police officers in order to set bail for someone that would not normally be permitted bail.
"When questioned regarding some of these lies, Mr. Lozeau continues to lie. As a result of this, it is my feeling that Mr. Lozeau cannot be trusted with the information he receives as a result of his duty as bail commissioner," Carignan wrote.
David Lozeau resigned from his bail commissioner role earlier this year.