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Caswell To Feds: I Won't Let You Take My Motel

Motel Caswell owner feels Department of Justice is over-stepping its authority in trying to seize the property.

 

For two years, Russ Caswell has been back on his heels, defending himself against allegations by the Department of Justice that, for years, he knowingly allowed drug trafficking to go on at the Motel Caswell.

Now he’s fighting back.

Backed by new lawyers, who have launched an aggressive public relations campaign, Caswell is denying any wrongdoing and claiming that the government is stepping well beyond its authority in trying to take his motel under Federal Civil Forfeiture Laws.

“I may sell (the motel) eventually, but the government doesn’t have the right to take it,” said Caswell. “It’s not right.”

In September 2009, the Department of Justice filed a claim in U.S. District Court, seeking to seize the Motel Caswell and the land it sits on at 434 Main St. because of what it claimed was a continuing pattern of criminal activity, primarily drug trafficking, on site (see attached document "original Department of Justice Complaint").

In its claim, the government cited an affidavit by Detective Sergeant (now Lieutenant) Thomas Casey of the Tewksbury Police Department, in which Casey mentions more than 100 narcotics investigations relating to the motel since 1994. A second affidavit, submitted by Special Agent Vincent Kelley of the Drug Enforcement Administration, describes the history of DEA investigations relating to the motel.

The government claims that as a private landlord, Caswell, who lives in a home next door to the motel, had knowledge of the ongoing activity and did nothing to stop it.

Caswell said the reality is quite the opposite. He said he and his employees have been extremely cooperative with law enforcement over the years. He said clerks will often call the Police Department if they suspect some type of wrongdoing going on in one of the rooms. Clerks are also instructed to make the guest registry available to police for inspection at any time.

“But it’s been one-sided cooperation,” said Caswell. “If they make an arrest, they don’t tell me or let me know what it was for. There’s no communication.”

Caswell said that outside of one meeting with the Police Department and representatives from all of the town’s motels and hotels, the TPD and the town have never approached him or offered to work with him on ways to reduce criminal activities at Motel Caswell, he said.

“I’ve had absolutely no contact with any town official,” said Caswell, adding that his permit to operate the motel has been renewed every year without any discussion, except for required visits by the Health Department.

Caswell said he does everything he can to prevent problems at the motel. He says there is a “Do Not Rent” list at the clerk’s desk and he has now installed surveillance cameras in the lobby and parking lot areas.

Two town officials respond

Town officials were reluctant to discuss the details of the case, as it is an ongoing litigation. Police Chief Timothy Sheehan, Town Manager Richard Montuori, Board of Selectman Chairman Todd Johnson and Town Counsel Charles Zaroulis all declined comment. Zaroulis pointed out that he is representing members of the Tewksbury Police Department during their depositions, as part of the case.

Selectmen David Gay and Scott Wilson were willing to issue statements regarding the case.

“For the twenty-one years that I have lived in Tewksbury, the Motel Caswell has had a negative reputation due to serious crime issues on its property,” said Gay. “I am not at all surprised by the federal government’s actions.”

“As a family and residents in Tewksbury, I feel for the situation that the Caswells are in,” said Wilson. “I realize that they feel they are unfairly being targeted and are concerned about losing their life savings. I would hope that they can figure out a way to work things out with the Feds.”

Motel Caswell's history

The Motel Caswell was opened back in 1955 by Caswell’s father, Russ Caswell Sr. Russ Jr. took over operations around 1983. Today, Russ’ wife Patricia and their son and daughter help to run the place. It stands as one of the few family-owned and operated motels left in Massachusetts.

And that fact seems to have left the Caswell open to government action. Caswell doesn’t deny that guests of the motel have committed criminal actions over the years. There have been sexual and domestic assaults, drug offenses and even a mini-meth lab set up in a bathtub. But Caswell is left to wonder why his motel has been targeted for seizure and not the Motel 6, which is also a frequent location for various police calls.

According to a Department of Justice source, speaking on condition of anonymity, the issue has to do with proximity of ownership. In the case of Motel 6, the actual owners are not on site and, therefore are not held as responsible for what goes on. In addition, according to the source, Motel 6 has taken aggressive measures to cut down on crime, including hiring detail police officers.

Another motel case

While property seizure cases most often involve single-family homes and apartment buildings, this is not the first time the Department of Justice has gone after a motel. In 2007, the DOJ went after Mario’s Motor Inn, located in Peabody. Eventually, the case was settled for $70,000. Coincidentally, the lead investigator from the DEA on that case was also Special Agent Vincent Kelley.

One major difference in that case was that the Department of Justice alleged that the owner of the motor inn had direct involvement with individuals accused of drug dealing and that she took actions to protect them.

No such allegations are being made against Caswell. In fact, in sworn depositions, both Casey and Kelley acknowledged that they had no evidence indicating that Caswell had knowledge of criminal activity going on at the motel while it was going on.

Similar to the Peabody case, the DOJ engaged in negotiations with Caswell and his attorneys over the summer and, according to a document filed in U.S. District Court by Assistant U.S. Attorneys Sonya Rao and Anton Giedt, a settlement was all but completed. Rao and Giedt claim Caswell suddenly abandoned the settlement and expressed a desire to go to trial (see attached document "DOJ Opposition to Caswell Motion").

This was around the same time that Caswell got a major boost when his lead attorney, George Skogstrom Jr., connected him with lawyers from the Institute for Justice.

Institute for Justice

On its website, the Institute for Justice describes itself as “the nation's only libertarian, civil liberties, public interest law firm.”

In court documents, Institute For Justice Senior Attorney Scott Bullock said there was no settlement and that negotiations broke down (see attached document "Caswell Motion").

Not only has the Institute for Justice taken on Caswell’s case pro bono, it has launched a massive public relations campaign including a YouTube Video and Op-Ed pieces in Boston publications.

In a press release, Bullock took aim at the Department of Justice, Federal Civil Forfeiture laws and the “Equitable Sharing” program, which he claims allows local and state authorities to seize property under federal forfeiture laws that likely wouldn’t be allowed under state law (see attached document "Caswell Answer to DOJ Complaint").

“Civil forfeiture creates a perverse incentive for police to target innocent owners and their assets rather than seek justice and public safety,” said Bullock.  “No one in the United States should lose his or her property without being convicted of a crime, let alone never even being charged with a crime. Yet that is exactly what is happening with the Caswells. This case shows that fair and impartial law enforcement cannot exist as long as we allow policing for profit.”

On its website, the Institute for Justice claims that approximately $1.6 billion has been collected in civil forfeitures and settlements since 1986, and that some of that money has been returned to state and local law enforcement through the “Equitable Sharing” program. According to the IJ, “Equitable Sharing” funds sent from the DOJ to state and local law enforcement agencies jumped from $200 million in 2000 to $400 million in 2008.

According to Caswell and his attorneys, the Department of Justice is using the threat of civil forfeiture to force a settlement similar to the Mario’s Motor Inn case in Peabody.

But Christina Sterling, a spokesperson for the U.S. Attorney’s Office in Boston, said that claim is completely false.

“This is not about money. That is absolutely not true,” said Sterling. “This case is a law enforcement issue, completely a law enforcement issue.”

Case in its early stages

According to Sterling, the case is in its early stages and that a trial, if it comes to that, is still a long way off. Court records indicate that depositions still need to be taken from certain Tewksbury Police personnel, as well as Patricia Caswell.

For now, Caswell said he will keep doing what he has been doing – running the motel as best he can, something he admits has become more of a challenge over the last year.

“This past year my water bill was $80,000,” he said, adding that the huge water rate hike has forced him to increase his nightly room rates by 33 percent from a year ago. “I’m just trying to keep up with my bills.”

Despite the struggles, Caswell said he is unwilling to concede and give up his motel or pay a settlement to the government when he believes he has done nothing wrong.

Related Topics: Department of Justice, Dispatch, Drug Arrests, Police, dispatches, and motel caswell

f rooney

4:43 pm on Monday, October 17, 2011

If mr caswell made any telephone converations over the past years stating he say drug activity and did not call police to make an investigation he will loose. the feds have all our comunications recorded. then when the time comes that a compliant is made they have computers scan the recorded voice for specific terms/words . this has been going on for a very long time.

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Paul Fournier

9:38 am on Tuesday, October 18, 2011

You ARE kidding, right? The feds are recording ALL our conversations and scanning them for keywords?? You watch too many CSI shows...They are monitoring MOST INTERNATIONAL communication...

Jimmy Whispers

5:01 pm on Monday, October 17, 2011

Mr Caswell isn't playing the game the TPD wants. Motel 6 and Fairfield in have their share of drug problems too, but they hire the fuzz to "Stop" drug transactions and usage. Fact is Tewksbury PD always wanted a piece of the pie and Mr Caswell never obliged to their tactics.

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Alex Ro

8:14 pm on Monday, October 17, 2011

Mr. Caswel stated no one ever came to him, no one should have, he should have went to them. And sorry but you clean rooms, a meth lab in a bathtub, seriously. And if someone said to me dont clean my room for a week I would say sorry I have to or call the police, wouldnt have let things go on like he did. Since I was a child this has been nothing but a $%^&* house, I say close it up.

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john

1:38 pm on Monday, July 30, 2012

Sounds like you are saying Mr. Caswel was involved in a conspiracy to commit these crimes and deserves to lose his property. But shouldn't he have to be convicted before any punishment is dished out? When will the evidence you seem to know about be evaluated by a neutral third party like a judge? As far as the government is concerned, he is innocent. Why?...because he was never convicted of anything and this is America.

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A T-Townie

2:14 pm on Monday, July 30, 2012

John, RUSS CASWELL isn't to blame, but his parents are! This all started with THEM. FOR DECADES this dump has been a crime haven, drug dealers, prostitutes and murderers have all taken up residence there. The CASWELL FAMILY did nothing to curb it. They just stood behind the counter, with their hands open. As long as you had CASH, you were welcome...

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john

4:01 pm on Monday, July 30, 2012

Hi A-Townie, thanks for the reply. Is any of that illegal? Can't you say the same thing about the local fast food joints? Surely all these unsavory people have to eat. I don't think the local mcdonalds should have to drug customers or investigate where their money comes from....yet that's what Mr Caswell would have to do to satisfy you. You make it sound like they were running a brothel...but if that's the case, charge them with the crime.

T. Brown

9:24 am on Tuesday, October 18, 2011

What the Patch won't investigate and/or report on is the possibility that this was initiated by the money interests in Tewksbury. The land is valuable and it doesn't take a rocket scientist to come up with a list of names of who would profit from this. An investigation into this "land grab" will be initiated to uncover the real people behind this travesty.

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TONY D

11:45 am on Thursday, October 20, 2011

The land is valuable!! What we would have is just another unoccupied site on Main Street which is already a disgrace. A tremendous amount of money was spent by the Ginsberg family for the Novel Cafe and it took less than a year for them to realize they were losing too much money. Not that I think the Motel is a reputable place but stating that it would be profitable for someone to force it to sold is ludicrous. All we need is another restaurant, that will close in a year, or housing development that at best would be 60% occupied to be built on Main Street.

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Bill Gilman

9:35 am on Tuesday, October 18, 2011

Possibilities and speculation without fact is irresponsible journalism. What we reported here was extensive fact and opinions attributed to sources. We will certainly continue to keep our eye on this story. However, I will say that a "land-grab" is not a theory that has been floated by either Mr. Caswell or his attorneys to this point.

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Marie

10:39 am on Tuesday, October 18, 2011

Make this motel go away. That would be fabulous. I am disgusted every time I drive by there, with the drugs and prostitutes and scummy men..... This is clearly not a respectable business - they make the police log every week! They should at the very least pay the town for their excess police usage!!!!

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john

1:41 pm on Monday, July 30, 2012

I think your house is ugly! I'm gonna take it and sell it to someone who keeps better care of it!

Joe Bill

11:53 am on Tuesday, October 18, 2011

Mr. Caswell should be embarrassed for running a haven for characters of ill repute. Only a fool would beleive this slumlord has no knowledge of ongoing criminal activity of his brothel/drug den. Women in fishnet stockings stumbling out of the place on regular basis wouldn't tip you off? I don't believe the government should seize this "gentleman's" property but I'd like to see him cahrged with being an accessory to the continuous cycle of criminal activity that is taking place in his rundown shanty. If you can't maintain your property and run a decent business...sell. I mean this place is a joke "heart-shaped jacuzzi's?"

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Kirsten

2:53 pm on Tuesday, October 18, 2011

Joe, I completely agree with you and the others in this matter, but to say he should be embarrassed is a major understatement. He should be downright ashamed and disgusted with himself and his motel. I want to know what he gives back to Tewksbury? Can anybody answer this? Does his filthy money pay for sports, school, playgrounds, etc.? Not only is he a slimeball, but he brings so much criminal activity into our community. In fact, he welcomes it with open arms. How can he sit there and say he knows nothing of what's going on when the entire town knows! How do all of us know, but not him. Is he literate? Can he read newspaper and websites? The Motel Caswell is sited on quite a few websites as the dirtiest place in New England. It disgusts me he even posed for a picture. I'd be mortified. If he cared, he'd try and do something to clean up his act and his motel to win back the community and stop stealing all our tax money and resources (police, fire, EMT).

Michael J. Crosby

7:35 pm on Tuesday, October 18, 2011

I,'ve been living at the Caswell for over a year and am absolutely disgusted with some of the above comments. Myself and my roommate are law-abiding taxpayers with no criminal records. Neither of us drink or use drugs. Scum? How dare you. The true scum are people like those in the above comments. Come down off your ivory towers long enough to look past the reputation and you will find many good people living upright lives. Your villification of honest hard-working people disgusts me.

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Steevo

8:45 pm on Tuesday, October 18, 2011

Bill's presentation has been objective here but regarding some of the commentary you're right and ivory tower is probably putting it polite even though it doesn't surprise me. I also spent time there but decades ago and knew many who did. At least there's some mention the government shouldn't have the right to literally take what is not there's but having said that, I still don't know if Russ Caswell is not guilty with some legal culpability. It should be an interesting case.

Alex Ro

1:39 pm on Wednesday, October 19, 2011

They must make money then to be fighting to stay open.He should have hired a police officer to sit in the parking lot if he truly cared. I wonder who has called the police in the incidents too. If it was customers or office or area businesses.

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Mary

4:59 pm on Wednesday, October 19, 2011

I do think that if they close down the Motel Caswell, the Tewksbury Police Department could lay off a few employees. This place is an eyesore in Tewksbury. My granddaughter told me that there is a code of honking your car horn and it meant different things. (Drugs, etc.)

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j caswell

7:07 pm on Wednesday, October 19, 2011

Oh and alex ro. Dont believe everything your granddaughter tells you. I dont know how old she is, but those rumors have been around the middle school since i was there twenty years ago.

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j caswell

7:08 pm on Wednesday, October 19, 2011

Apologies alex, that was mary who commented on that.

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j santos

8:25 pm on Thursday, October 20, 2011

want to talk about public safety in tewksbury watch the truck deliveries at the car dealer ships on 38 will post pictures of trucks having to back into these places because greedy little deals were made they have to block both sides of main street so they can back into dealerships if they go in straight there stuck cant back out
some day someone is not going to be paying attenttion they will look up and slam they will be crushed under a trailor crossing both lanes of 38 trying to back into a car delership a real classic im ordering coffee at the duncan donuts at east street and shawsheen told to drive up i turn the corner to get my order at the window and im bumper to bumper with front end of a semi why is he making a delivery through the one way drive out of dunkin donuts simple greedy freindly builders planning board members craming to much on a lot again taking the money over the puplic saftey

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Sarah

7:36 am on Friday, October 21, 2011

Oh my gosh, I saw one of the trucks backing into the dealership across from Jimbo's for the first time yesterday, I was kind of impressed by the truckers backing up ability, but Jeez, there's got to be a better way.

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Bill Gilman

9:52 am on Friday, October 21, 2011

Hi guys ... This is an excellent conversation dealing with some tough issues. Feel free to keep it going. However, I have deleted all comments referring to members of the Caswell family who are minors. I'm not comfortable with that direction of the debate. Thanks. --bg

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Maria

11:03 am on Friday, October 21, 2011

Why hasn't anyone commented on Michael J. Crosby's comment? For those of you who are categorizing the type of people who stay at the Caswell, shame on you. There are those who can be considered "scum" as you call them, but those types of people can be found anywhere. Do not classify an entire group of people just because of where they live or because of your own personal opinions. Get off your high horse and realize some people can't afford to live elsewhere.

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Joe Bill

7:39 pm on Friday, October 21, 2011

If you can't maintain the building and it attracts many derelicts...sell. Let someone level the place and build anew. My apologies to all the salt of the earth people who are not felons who stay at this place. I hope you enjoy quarter operated vibrating beds and heart shaped jacuzzi tubs.

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Shaun

1:41 am on Saturday, October 22, 2011

How many of the people posting on here about how bad they deem the motel to be have actually seen a room or have had any interaction at all with the motel or its clients?

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j caswell

9:39 am on Saturday, October 22, 2011

What you dont understand joe bill is that selling is not an option for us nor is removing or closing downthe building per federal court. This is stated in many articles pertaining to this case if you read them.

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Chris Kelly

12:49 pm on Saturday, October 22, 2011

Before I get to my point, I do believe the Motel Caswell is an eye sore and the owner should spend some money to clean up the exterior of the place. It might help in the PR fight with the town.

However, I think people are naive on the point of prostitution in that it takes place in just about every hotel in the US. I travel for my job and I go to NYC quite often. During a trip a couple of years ago, I stayed at a different place from my usual hotel. I decided to visit the bar to get a drink and watch a game. I left after 10 minutes since I was approached by multiple call girls.

I mentioned to the manager that criminall activity was taking place in his hotel. The manager was not interested in what I had to say. A person overheard me and informed me that the bar is notorious around NYC as a place for prostitution. If the Caswell is going to be held responsible for not reporting crimes since they live on the property, the same should be true for a hotel with hundreds of employees.

If you want to avoid this hotel when visiting NYC, the name of the hotel is the Waldorf Astoria.

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TONY D

12:57 pm on Saturday, October 22, 2011

Geez!! I hope you have documentation for this statement. I can see the lawyers lining up at your door right now. Bill, I'm surprised you approved this comment. Unless you have first hand knowledge that it is factual.

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Bill Gilman

1:12 pm on Saturday, October 22, 2011

Hi Tony, I feel fairly confident that if I check with the NYPD they will tell me that they have had, in the past, at least a few incidents of prostitution associated with the hotel in question. Given that, I have no way of disproving that the commenter was on hand when one of these such instances was going on. I think the bigger point the person was making was that he believes that all motels and hotels should be treated in the same manner by the Department of Justice no matter the size and no matter whether or not the owner lives nearby. And that is one of the debate points.

Chris Kelly

1:12 pm on Saturday, October 22, 2011

@Tony D - if you are referring to my statement, do a Google search and you see plenty of comments. The name of the bar is Bulls and Bears if you want to do a search on that as well.

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Chris Kelly

4:38 pm on Saturday, October 22, 2011

@Bill - the reason I mention the incident occurred at the Waldorf is the prestige with Waldorf name. This activity is not exclusive to individuals who are down and out on their luck.

With that said, I do think any business should be held liable if they knowingly enable criminals to commit crimes via their business. I do believe that the Caswell should be seized if the allegations are true. However, the DOJ and other law enforcement agencies should go after all businesses who harbor criminals with the same zeal that they are chasing the Caswell regardless of ownership structure.

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Christian Panasuk

4:31 pm on Sunday, October 23, 2011

Prostitution, drugs, personal assult, excessive drinking, and amorality of all sorts -- happen at all hotels. Clerks at hotels and motels can not refuse to rent a room to someone who presents at the desk with the proper identification and payment (unless the hotel has a "do not rent" list which usually contains guests with previous problems or poor credit.) A lot goes on behind the privacy of closed doors -- NOISE is the common reason that anyone else gets involved. When the wrong-doing escalates to a fight or banging around that alerts others to complain to the hotel management -- that's when the police get involved. It's very stressful to have other guests complaining and getting the police involved. If this is happening frequently at any hotel or motel, the management has to make changes in order to keep customers. The Motel Caswell seems to rent quite a few rooms on the monthly rate. I would trust that those residents know better what goes on there, and how much noise is tolerated, along with other broken "house rules."

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michael d. small

9:53 am on Wednesday, December 14, 2011

by law, he has to allow all kinds of people to come and use his business,otherwise, hes liable to discrimination laws, some go there to do business locally and others to run drug businesses as others, prostitution. he has limited control over what people do, once they close their doors. he can not put cameras in each room, there are privacy laws, any action he takes, could find him in court, he could end up in court, just for accusing someone of using drugs. some of the people we have in our society, will use any means to their advantage, at the cost to all of us. it is our laws that protect some and discriminate others...i bet there are times, when Mr. Casewell wakes up in the morning and wishes it were 1955, when Americans were united. and business like his father ran, had a chance of success... I wouldn't want to be in his shoes or his business.

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steve123

9:52 pm on Sunday, May 20, 2012

TO Mr Caswell,
Keep up the fight, this is appalling to believe that this is even a possibility in year 2012. I don't live in Tewksbury, but I do believe that the town has many eye sores just like most towns. To be honest I think South Tewksbury is more of an eye sore. This isn't even about the Motel its about our rights and if we allow or support this because we don't like the place then we as a country will all be at risk. For example if I work hard and purchase investment properties and one of my tenants has illegal activity that I am unaware of, the government and local authorities can seize my property and take all the profit that I've worked my entire life for. Isn't this still AMERICA wake up people its so much bigger than Motel Caswell, stand up for something before its too late!

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Paul Fournier

2:05 pm on Monday, May 21, 2012

Ya, as AGAIN the police were called to the Caswell two weeks ago, to end a disturbance where one guy was charged with attempted murder... Just close this dump once and for all...

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steve123

3:23 pm on Monday, May 21, 2012

Your point, a couple was murdered in my town in an upscale neighborhood, crime still not solved. It goes on everywhere, is this a reason to take all his money and everything he owns?? Please don't say yes, because if you do then I would have to say that your mentality is ruining this country. Wait until some new trumped up law affects you!!!

Paul Fournier

4:05 pm on Monday, May 21, 2012

Steve, I grew up in the neighborhood across the street from the Caswell. How old are you? Do you remember the triple shooting there, where 2 men died? Or the other shooting there, where one guy was badly wounded? There have been MANY violent crimes committed there. How about the Meth Lab that was found by police in a bath tub??? The MAIDS never saw it?? The TPD has told the Caswells to 'Clean up' their business for years, and they did nothing. NOW, the gov't wants to put an end to the problem, and NOW the Caswells want to address it?? Growing up near there, we saw the cops there ALL THE TIME! Crime DOES go on everywhere, but it is CONCENTRATED in places that do NOTHING about it, and harbor criminals...

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steve123

7:09 pm on Monday, May 21, 2012

Thats all fine and good and its sounds like the presence of video cams and good record keeping is helping. I wouldnt want it in my backyard, but then again I wouldnt buy property that was abutting or close enough to it. That being said this is a free country last time I checked and they have a right just like you and I to operate a business. He has not been charged with anything according to the articles Ive read and in fact the FEDS themselves say that they dont think he has been aware of it and has cooperated with authorities. So now tell me how you can justify taking everything this family has worked their entire lives for. There are many issues in Tewksbury this is only one of them and in my opionion a small one. If you put as much effort into this and worried more about the schools then maybe you could sell your house and move to a town with less problems.

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