October 19, 2000
Worcester Telegram & Gazette (MA)
Author: George Barnes
WORCESTER -- The Winchendon Housing Authority tried three different times to evict the woman who is suing it over its alleged failure to protect her family from racial harassment in the Pearl Drive public housing complex.
Demetrius F. Brinson, both in direct testimony and under cross-examination in Worcester District Court, testified yesterday that the housing authority twice failed to evict her. Its third effort is pending.
The first eviction attempt was over rent being withheld, she said. It was eventually worked out. The second attempt was over accusations that an extra person was living in her apartment. She said a Housing Court judge ruled the complaint unfounded. The pending eviction attempt concerns late payment of rent, she said.
Ms. Brinson, 34, of 31 Pearl Drive, is suing the housing authority and its director, David P. Connor, alleging that they failed to halt the racial name calling, physical attacks and attacks to the property that her family has endured for the six years since becoming the first black family to live in the housing complex.
In cross-examination, defense attorney Philip Wysor questioned Ms. Brinson extensively on her problems paying rent and on whether she was properly notified of the late rent. He also questioned her about efforts by several directors to mediate the racial problems. Ms. Brinson acknowledged that former Director Patricia Driscoll tried to hold a mediation hearing but the other party refused to take part. Other efforts were made at mediation with the same result, she acknowledged.
The plaintiff also acknowledged that no one who worked for the housing authority was ever abusive to Ms. Brinson or took part in the racial attacks.
OFFERED TRANSFERS
She also acknowledged that she was offered transfers by the housing authority to other properties in Winchendon. But she said no places were open. In other testimony yesterday, Ms. Brinson described her suffering from her neighbors' taunts and attacks.
"I've been depressed,'' she said. ``I can't sleep. I can't work.''
The Winchendon woman was on the stand for 31/2 hours as she both testified and was cross-examined. The defense contends the housing authority did all it could to correct the problem.
The second day of testimony yesterday started about a half hour late because Judge Charles P. Swartwood III; Ms. Brinson's attorney, Francisca D. Fajana of the Legal Assistance Corp. of Central Massachusetts; and Mr. Wysor discussed a problem with one of the eight jurors in the case.
VACATION
Judge Swartwood said one of the jurors notified him she and her family were leaving on vacation tomorrow and was concerned the case would not be completed by then.
Ms. Fajana said she and Mr. Wysor met yesterday and discussed how long the case would take. She said they agreed it would likely last at least until Monday. She said the list of witnesses has been reduced to 10, but testimony is slow in the case.
Judge Swartwood said he does not want either a juror or the two attorneys to think they need to rush the case.
"I don't believe in any time limitation,'' he said. ``I don't want counsel to jeopardize their case in any way.''
Judge Swartwood said the jury could deliberate with as few as six members if need be. He said he will see how the case goes today before deciding whether to dismiss the juror. The judge also ruled on several motions. He allowed the use of a videotaped testimony of a witness for the plaintiff who has died since the tape was made, and allowed the use of a written deposition of another witness for the plaintiff who received but did not respond to a subpoena.
The judge rejected the use of testimony about Mr. Connor's employment at General Electric Co. in Fitchburg before coming to work in Winchendon. The testimony is expected to continue today with further witnesses for the plaintiff.
Copyright (c) 2000 Worcester Telegram & Gazette Corp.
Record Number: 0010190096