Mass. Superior Court Judge Dan Toomey Dies




Massachusetts Governor Paul Cellucci was in a position never before experienced by the head of the Executive Branch in Massachusetts. There would be   5 vacancies on the Massachusetts S.J.C. (Supreme Judicial Court) during his administration. Cellucci, as head of the Executive Branch in Mass., had the duty to appoint new judges to these vacancies. The first two vacancies would come in the summer of 1999. 

Judge Daniel Toomey applied for the first vacancy on the S.J.C. in the summer of 1999. According to the Boston Globe and Worcester T & G, Superior Court Judge Daniel Toomey was billed as a front runner from amongst an elite field of over 45 applicants to life appointments to the highest court in Massachusetts. Michael Elbery having had success in blackballing Louis P. Aloise from ever getting appointed judge in Mass. decided to expose Toomey for his participation in the conspiracy with Aloise and John Conte's Worcester D.A.'s Office to frame Elbery for crimes causing false imprisonment for 10 years in State Prison. Elbery had filed his "motion for new trial" (See Table of Contents) in Worcester Superior Court on July 6, 1999 complete with supporting transcripts from the trial, Grand Jury, and Probable Cause Hearing. Elbery took a duplicate of this same material and filed it with the Mass. Governor's Council and Judicial Nominating Committee as he did 2 years earlier with his 3 page documented letter concerning Louis P. Aloise's bid for judgeship in 1997. Elbery was not well received by the staff at the Judicial Nominating Committee as they were reluctant to even take his documentation that would prove Judge Dan Toomey was guilty of helping frame Elbery. It was apparent to Elbery that his enemies had re-grouped and organized since his earlier victories against Attorney Arthur Goldstein and Aloise. Elbery's numerous litigation used to expose the atrocities he had suffered at the hands of the Worcester authorities and Shrewsbury Police (Elbery filed Federal lawsuits against the Shrewsbury Police - these documents will reveal who started the 1994 E-Z Mini Storage Fire - Shrewsbury, Mass. biggest fire ever) were a growing scandal of proportions not seen in Mass. since Sacco and Venzetti. The Mass. authorities would make the same mistake they made decades earlier with Sacco and Venzetti, they continued the injustice refusing to admit wrong and yield to justice.

Within a few weeks later, the Globe, and Worcester T & G reported that Toomey had made the cut and was one of 8 finalists to be appointed by Governor Cellucci to the first of 2 vacancies on the Mass. S.J.C.. Elbery used the only other resource he knew to expose Toomey to the Governor. Elbery compiled another duplication of the same legal documents that he filed with the Governor's Council and Mass. Judicial Nominating Committee and knocked on the door of the Mass. Commission on Judicial Conduct at 14 Beacon St., Boston, Mass.. Elbery introduced himself and was well received after an attorney for that organization briefed Elbery's letter of complaint against Judge Dan Toomey supported by Elbery's Motion for New Trial and supporting documents and transcripts. The Commission welcomed Elbery's complaint against Toomey. It was the beginning of the end for Judge Dan Toomey, as the Commission forwarded Elbery's complaint so that  Governor Cellucci was alerted to the irrefutable evidence that Toomey had been the judge at trial where he knowingly oversaw Michael Elbery maliciously prosecuted and then sentenced Elbery to 10 years in Prison. The documents were clear and undisputable that Judge Toomey was a participant in the conspiracy to frame Michael Elbery.

Governor Cellucci was no fool and was not going to have his political career ruined by association with Judge Dan Toomey. Cellucci was alerted to Judge Dan Toomey's crimes via Elbery's 115 page "motion for new trial" (see Table of Contents on Home Page), as forwarded by the Commission on Judicial Conduct. Instead of appointing Toomey to the highest Court in Mass., Cellucci had the Mass. State Police investigate Toomey at his home regarding the evidence of conspiracy by Toomey against Elbery (a crime). This was all reported in the front page of the Boston Globe, (see p.2) (click on icon) and Worcester T&G on 9-27-99; Elbery was referred to in those newspaper articles as the "disgruntled convict" complaining about a conviction in Toomey's court.


No one can point the finger at Paul Cellucci and accuse him of not voiding Toomey's hopes for judgeship at the earliest time he was alerted to Toomey's conspiracy. The Governor acted swiftly and decisively on the evidence that Elbery presented. Toomey, like his Co-conspirator Attorney Louis P. Aloise in 1997, was blackballed by the Mass. Executive in 1999, but Michael Elbery would finish the 10 year prison sentence in 2002.


Dan Toomey suffered a heat attack on 9-29-99. The heart attack was caused by the above adverse press coverage when Governor Cellucci had the Mass. State Police go to Toomey's house and investigate him because of the documented evidence Michael Elbery provided in his "motion for new trial". 9-29-99 was 7 years to the day from the event at Winner's Circle Bar in Worcester that resulted in Michael Elbery being thrown in prison due to an alleged assault on an off-duty Westboro cop named Tom King.

Mass. Superior Court Judge Daniel Toomey never recovered from the heart attack and died shortly after 1999.

Elbery was a marked man because he successfully got the Executive Branch to blackball Toomey and Elbery was quickly taken off the streets by the Mass. Parole on charges that he asked a law librarian at the Norfolk County Law Library, named Andrea Rasmussen, how her vacation was. Rasmussen and the Mass. Parole Board claimed this constituted sexual harassment. Rasmussen was known to be a lesbian. Only in Massachusetts would the authorities reduce such nonsense and injustice to written charges. Elbery would finish his 10 year sentence in prison, not on parole.

Toomey would re-apply for all of the remaining vacancies on the S.J.C. and his application would be ignored. Like his co-conspirator Attorney Louis P. Aloise, Toomey was blackballed by the Executive Branch in Mass., but Toomey would remain a Mass. Superior Court Judge. It is noteworthy, that it is not the job of the Executive Branch to impeach or penalize Judges. That job belongs to the Mass. S.J.C. through their Board of Bar Overseers.

Such a writing or document, Elbery's "motion for new trial", had the power to kill  a judge but the Mass. Judiciary became all the more determined that Michael Elbery's illegal conviction/frame-up would remain. The Mass. Judiciary refused to overturn or reverse a verdict that is a documented frame-up and violation of the U.S. Constitution. The Mass. Executive Branch/Governor Paul Cellucci agreed that Elbery got framed - Cellucci acted on the claim of frame-up and malicious prosecution and false imprisonment by Blackballing Judge Dan Toomey from ever being considered for appointment as Judge on the Mass. S.J.C..