Former superintendent remains contrite; decides to go to trial
By Josh Resnek
Former Everett Superintendent of Schools Frederick F. Forestiere asked Judge Emily Karstetter for a plea change in Malden District Court Friday morning.
He asked the court to grant him a continuation without a finding, which would have meant he admitted to the facts lodged against him, without pleading guilty to the findings.
His pension would be saved.
If he came through a period of probation without any slip-ups, he would be a free man.
The judge would have none of it.
Judge Karstetter, in refusing Foresteire’s tender of a continuation without a finding, accepted the prosecutor’s recommendation of 18 months in the House of Correction, loss of pension and registration as a sex offender.
In the Commonwealth of Massachusetts defendants have the right to tender a plea at any time. These are known as “defendant cap” pleas, meaning, the defendant has the right to accept or reject the judge’s recommendation.
In this case, Foresteire and his lawyer decided to reject the judge’s decision in favor of a trial.
When all was said and done with proceedings inside Judge Karstetter’s court room Friday morning, Foresteire had withdrawn his proposed plea change.
He has chosen to go to trial against three women, all of whom worked for him when he was the Everett superintendent of schools who have accused him of sexual violence, intimidation and retaliation.
Foresteire now faces six counts of indecent assault and one account of assault and battery, according to court records.
He will be facing trial in February.
All three women delivered disturbing and compelling victim impact statements at the hearing.
Their testimony in court came after years of legal posturing and delays and followed at least three women who claimed Foresteire abused them settling for undisclosed sums with the school committee in return for their silence.
As the Boston Globe reported:
“Everett is awash in scandals with three female school administrators who succeeded Foresteire each having filed discrimination complaints against Mayor Carlo DeMaria, the city, and the schools. The city and schools are also facing a sweeping federal discrimination probe conducted by US Attorney Rachael Rollins and the US Department of Justice’s Civil Rights Division after racist incidents among elected officials and city staff.”
Foresteire’s history and legal difficulties are a metaphor intertwined with Mayor DeMaria’s since DeMaria became mayor in 2007.
Foresteire’s unwillingness to agree to the judge’s plea of guilty, places himself at the mercy of a judge and jury largely in sync with the al
legedly abused former female employees during a time in our social and legal history when women who alleged they were abused by powerful men have found the courage and the support to not only speak up, but to take their abusers to trial.
Foresteire’s lawyer, Gerard Malone, tried to counter the testimony against his client by pointing out his long time served as superintendent and the accomplishments he had achieved.
He asked for the court’s mercy so Foresteire’s wife could receive his pension.
“Society does not benefit by him registering as a sex offender,” Malone said. “He certainly is no risk with respect to the public.”
Attorney Mark Rotondo dcried Malone’s defense of Foresteire.
“They poured their hearts out today and his attorney got up and read his resume,” Rotondo told the Boston Globe. “He did not deny their stories.”