UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
BOSTON, MASSACHUSETTS 02109
A. DAVID MAZZONE
DISTRICT JUDGE
FACSIMILE TRANSMISSION
TO: Mr. And Mrs. Sweeney
FROM: Judge A. David Mazzone
DATE: December 15, 1997
NO. OF PAGES (including cover sheet): 1
MESSAGE:
Dear Mr. And Mrs. Sweeney:
I have received your communication of December 12, 1997. In brief, I did receive the response from the FDIC and the positions were discussed at our meeting on October 15th. I did not indicate that the positions came from Joseph Shea since it has become very clear to me that his presence or contribution in any way was not welcome by you or your representatives. I am sorry if this has caused you concern, but the FDIC's position has been consistent, namely, that they are prepared to compromise what they believe to be a valid judgment. I must conclude that you are unwilling to enter into discussion on those terms and that mediation has failed.
As I told Senator Tarr, since you have referred the matter for criminal prosecution, and to the Massachusetts Senate for investigation, I see no further need for my presence or for mediation to continue. Out of respect for Senator Tarr, I will retain the matter until December 19, 1997.
I regret I cannot, as you request, notify the Court of appeals that "I have now become personally aware. . . of extremely serious unresolved questions, injustices, and violations of law, all vital issues to the ongoing mediation." Mediation is an effort to reach a consensual agreement that attempts to accommodate all parties. Since it is confidential, I will not communicate my views to the Court of Appeals or any other authority.