HAVERHILL — The lawyer for teacher Daniel Francescone, who is accused of stealing $2,104 from student accounts, said police told Francescone they would not prosecute him if he answered their questions.
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Attorney Alexander Cain of Andover also said that before investigators interrogated him, Francescone was not given an adequate reading of his rights guaranteed by the Supreme Court’s Miranda decision. Police must tell a suspect of his or her right not to say anything before questioning.
“So far as we know, Mr. Francescone was never given his Miranda warning,” Cain told The Eagle-Tribune yesterday.
When asked by The Eagle-Tribune about Cain’s statement, police Capt. Alan Ratte said Francescone’s interview was recorded on video and audio.
“When it’s played for the court, it will be very obvious to everyone that he was advised of his Miranda rights and he was not promised anything other than a fair and thorough investigation,” Ratte said.
Francescone, 41, was scheduled to begin his trial before a six-member jury in Haverhill District Court yesterday, but Judge Stephen Abany continued the case until Oct. 28 at the request of the state. Assistant District Attorney Ashlee Logan said she needed more time to prepare the case because of additional information she received.
Cain objected to the continuance, saying, “I’m already aware of this information.” The attorney said he will file a motion to suppress evidence based on his contention that his client did not receive adequate Miranda instructions as well as Francescone’s statement that Capt. Alan Ratte, head of Haverhill police detectives, told him he would not be prosecuted if he answered all questions asked by police.
Ratte did not respond to a phone message from The Eagle-Tribune left at the police department seeking his comment. As for the contention that Francescone did not get a proper Miranda warning, Stephen O’Connell, spokesman for the Essex District Attorney’s Office, said he could not comment because no motion on the issue has been filed yet.
Francescone is on paid administrative leave from his job as a Whittier Middle School eighth-grade teacher, which he has had since 1999. He remains free on his own recognizance. He is also a Haverhill youth baseball coach.
Francescone is accused of stealing $2,104 from three student dances and a campaign that raised money for a student trip to Washington, D.C., through the sale of lollipops, according to court documents and police reports.
Francescone was arraigned Jan. 19 on one count of larceny over $250 by single scheme, two counts of larceny over $250, and one count of larceny under $250. School Superintendent James Scully suspended Francescone with pay Jan. 4.
Cain, a former Essex assistant district attorney, said several months ago that Scully and police officials acted illegally in blocking his attempts to interview witnesses in the case.
“The Haverhill Police Department and Haverhill Public School Department have instructed relevant witnesses not to speak to the defendant’s attorney and investigator without their expressed permission,” Cain stated in a motion filed with the court. “The superintendent has instructed witnesses that if they submit to an interview, they are precluded from answering any questions until the superintendent reviews and approves said questions. The superintendent has also instructed that if any witness submits to an interview, the city attorney must be present.”
City Solicitor William Cox said at that time school employees contacted by a private investigator hired by Cain felt uncomfortable about speaking to him and asked their supervisors for guidance.
Cain is being assisted in his defense of Francescone by Cain’s law partner, Andrew Zeiberg, also a former prosecutor. Cain said Francescone “adamantly denies the allegations” and will go forward with a jury trial. Cain indicated he’s not considering asking for a plea bargain.
