EagleTribune.com, North Andover, MA

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January 28, 2013

Laboy perjury trial set for tomorrow

(Continued)

- And Laboy II told grand jurors Trinity landscaping services snowplowed the Methuen home he shared with his father and other family members. “...however, a number of city officials testified that they snowplowed at the property,” Lu wrote. Four school employees “contradicted portions of Mr. Laboy’s testimony” and “the grand jury could reasonably have concluded that Mr. Laboy’s testimony was false and the he knew his answers were untruthful.”

“Mr. Laboy’s testimony was material to the grand jury proceeding because it involved the Superintendent’s use of school resources for his personal benefit, which was the purpose of the grand jury proceedings,” Lu wrote.

On the flip side, Lu ruled that the grand jury “did not hear sufficient evidence” to charge Laboy II with perjury based on the testimony he gave regarding his children being driven home or to his father’s office by school employees. “Based on the limited evidence presented at grand jury on this issue, probable cause was not shown,” Lu wrote.

Lu also said Laboy II could not be charged with perjury based on two other parts of his grand jury testimony, which pertained to printing of other items beyond menus in the school department, and Laboy II’s relationship with Chris Smith, his former boss when he worked at Sal’s Pizza shops in North Andover and Lawrence.

Previously, Gleason and prosecutor Maureen Wilson Leal had a lobby conference with Lu to discuss a plea arrangement. At least one deal was on the table, the details of which were not released in open court.

If convicted of perjury, Laboy II faces 2 1/2 years in the house of correction or up to 20 years in state prison.

Possible trial witnesses include the elder Laboy, a host of current and former school department employees, police officers and Mark Rivera, Laboy’s former special assistant who pleaded guilty to larceny charges connected to the case. Rivera was the prosecution’s star witness at Laboy’s fraud and embezzlement trial.

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