Commonwealth of Massachusetts

August 1, 1998

Mr. Alphonse Mourad

Re: Complaint Number 98-77

Dear Mr. Mourad:

This will acknowledge receipt of your complaint against Judge Maria I. Lopez. Your complaint has been screened and will be looked into.

The Commission's statute provides that its proceedings are confidential unless and until such time as formal charges and the judge's response thereto are filed with the Supreme Judicial Court. Therefore, it is possible that you will not at certain stages be aware of the action of the Commission with respect to your complaint. You will be informed of the disposition.

Very truly yours,
Barbara Morgan Fauth Executive Director

(617)725-8050 Fax (617) 248-9938

September 18, 1998

Mr. Alphonse Mourad

Re: Complaint Number 98-77

Dear Mr. Mourad:

The Commission on Judicial Conduct has concluded its investigation of your complaint against Judge Maria I. Lopez.

Since this complaint was filed more than two and a half years after the date of the alleged misconduct, the Commission had first to consider, pursuant to G.L. C.211C, section 2(3), whether there was good cause to investigate the complaint. All the materials which you sent us and our investigator's discussion with you revealed no evidence of judicial misconduct, only disagreement with the judge's decision. The Commission on Judicial Conduct does not have the jurisdiction to review the record of a case to determine whether a judge's decision was correct; that is up to appellate courts.

Accordingly, the Commission voted that there was not good cause to investigate this complaint, and it was therefore dismissed.

Please keep in mind that this complaint and its disposition remain, by law, confidential.

Robert A. Barton Chairman

cc: The Honorable Maria I. Lopez

July 16, 1998
Alphonse Mourad

Commission On Judicial Conduct Complaint
Name of Judge: The Honorable Maria I. Lopez
Court: Suffolk County Superior Court
Case Name: V&M Management Inc., and Alphonse Mourad vs. Mario Nicosia and Judith Moriarty.

Docket number: 95-5243

Attorneys involved: James P. Dillon, JR., and John F. White, Esq. and John J. Rosenberg, Esq.
Date(s) of misconduct: November 29,1995 Has an appeal been filed? No
A summary of the general nature of your complaint: There is a serious question whether Judge Maria Lopez, had jurisdiction over the case on November 29,1995, to even entertain a Motion to Dissolve Injunction, and to dissolve the injunction against the scheduled foreclosure entered by Judge Catherine White on September 15,1995. Also, in the light of the October 17,1995 removal of the case to the U.S. District Court by the third party defendants.
Specific facts [brief essay]:
Please describe exactly what the judge did that was misconduct, and on what date(s')...

On November 29,1995, in a very questionable action, Suffolk Superior Court Justice Maria Lopez vacated Judge White's injunction despite the fact that on [October] 17,1995, HUD through the U.S. Attorney for Massachusetts, removed the combined cases from the Superior Court to the Federal District Court. In effect. Judge Lopez made a political ruling in a case where she had lacked jurisdiction. For more information, refer
to "Exhibit 7" in the "Motion to Compel the Court to Order the Resignation ofAsst. U.S. Trustee Attorney, Eric Bradford's Opposition to Mourad's Motion for Recusal," filed on June 30, 1998.

On March 29, 1985 a note held by Mario Nicosia of $50,000, so V&M Management can payoff the note and prevent foreclosure. Judge White ordered an Accountant for the note, but Judge Lopez intentionally ignored the issue and focused only on a false figure of$l million, which was not relevant to this foreclosure. Judge Lopez, delivered a political victory to the Governmental Intities, to oust me from my ownership of V&M Management. Lopez's actions left my family and I bankrupt, and destroyed fifteen years of being the President of V&M Management.

I also want to disclose for the record, Mr. Steven Mendez is the husband of Lopez and the owner of The Boston Phoenix, newspaper. On November 2, 1990, The Phoenix printed a four page false and negative article about me entitled: "Martyr or Slumlord?" This article painted a degrading image of me to the public eye, which was false information. Also, the Director for the BRA, Mr. Peter Dreier revealed in the newspaper, unfair quotes about me, such as, "Mourad had been guilty of'corruption and mismanagement.'" On March 26,1995, Dreier denied his statements, which means that either Dreier or The Phoenix were lying. (Refer to the article and deposition). Through my research. The Phoenix has never prior written about housing in Roxbury. Clearly, the married couple knew who I was that morning, and it was no accident to oust me from . my property.

Alphonse Mourad