Released police report: Accusations against Nashua's Lozeau in 2009, but no chargesBy KIMBERLY HOUGHTON
Union Leader Correspondent
November 04. 2013 9:57PM
NASHUA — About 100 pages from a police investigation into David Lozeau, the husband of Nashua Mayor Donnalee Lozeau, were released Monday, highlighting a 2009 case that did not result in any criminal charges.
Despite numerous secretly recorded conversations and months of investigating, authorities did not have enough evidence to charge David Lozeau, accused by a police informant of drug use, bid-rigging and leaking of confidential information in his role as a bail commissioner — a post he resigned from earlier this year.
"The fact that the recordings are now being brought forward years later, in the current political climate, is even more offensive," David Lozeau said in a statement released by his attorney, Richard Lehmann.
The mayor has said police have revisited the investigation this year because of political reasons, describing it as a "smear campaign." Police have refused to say whether the investigation has been reopened.
The document released Monday reveals police were having discussions with an informant — identified as Tom Brennan by David Lozeau — as recently as March. The informant told Sgt. Kevin Rourke that the mayor "still smokes weed" and had done lines of cocaine with him in years past, before she was mayor.
David Lozeau said Monday that private conversations secretly taped during the police investigation from 2009-1010 were a breach of his privacy.
The Nashua Police Department began investigating him for alleged bid-rigging, drug use, leaking of information as a bail commissioner and possible dealings in city corruption, according to the investigative documents, which are redacted to protect the privacy of informants.
"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 David Lozeau. "The public has a right to view these documents and make their own determination."
He went on to say that in the midst of a "political battle between the NPD (Nashua Police Department) 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, prompted by a Right-to-Know request from The Telegraph, include 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 where 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."
Still, the detailed recordings between David Lozeau and the informant never gathered enough evidence to implicate Lozeau in any wrongdoing or criminal behavior.
Police were also investigating David Lozeau for alleged drug use. At the end of 2009, the Narcotics Intelligence Division developed an informant who wished to provide information about David Lozeau being involved in the alleged purchasing and use of marijuana. As a result, Assistant Attorney General Jane Young gave city police authority to record several telephone conversations between the informant and David Lozeau.
A confidential informant told Nashua police that he had previously delivered marijuana to David Lozeau.
"The (confidential informant) advised Mr. Lozeau does not hold or sell marijuana, but routinely smokes it, even on days he is responsible for setting bail as a bail commissioner for the court," says the police documents.
Furthermore, the informant told police that on at least three occasions, he would request David Lozeau lower a person's bail in return for a quarter-ounce of marijuana.
In 2009, Assistant Attorney General Jane Young joined several police officials to question an informant who was targeting David and Donnalee Lozeau for the Nashua Police Department.
The informant told police that when Donnalee Lozeau worked at Southern New Hampshire Services prior to her position as mayor, she would allegedly help him secure construction jobs through bid-rigging.
"I'd get a phone call and told the bids were coming in and then I'd meet with them and we'd discuss the amount of the job and I'd wait for the lowest bid and I was told which the lowest bid was and what I had to come in at," he told police.
The informant claims he met with the Lozeaus on more than five occasions at their home and at various restaurants where he would provide them with a cash deposit to secure a bid for work such as snow removal, demolition, cabinetry and elderly housing construction.
No criminal activity
Last week, Donnalee Lozeau contended that the old police investigation was revisited this spring after she publicly criticized Nashua police unions for failing to negotiate new contracts that included health care concessions.
"Let me say this as clearly as I possibly can: I have not engaged in criminal activity of any kind. The suggestion that I committed any misconduct of any kind is unfounded, unsubstantiated and untrue," said the mayor.
Her husband echoed those comments, saying allegations of bid-rigging are "absolutely and patently untrue."
"After a number of recorded conversations attempting to substantiate this ridiculous accusation, the investigation was apparently closed in January of 2010 under (former police) Chief Don Conley," he said.
After being able to review the police documents for the first time last week, David Lozeau said he was "surprised at the efforts and resources the Nashua Police Department put into their attempts to implicate me in conduct I did not commit."
The Nashua Police Commission has asked the New Hampshire Attorney General's Office to review the department's prior investigation into the Lozeaus, as well as the mayor's newest claims that the investigation was politically motivated, which the commission is vehemently denying.