For over 45 years, I have been a fixture of the Berkshire community. As a professional house painter, I helped maintain the homes of this county; as a self-taught artist and photographer, I contributed to its culture. In the 1970s, my work was exhibited at the Berkshire Museum, where I earned multiple ribbons for my photography.
Now, at 74, I am a digital artist, meticulously cataloging a library of over 500 original geometric pattern designs that I plan on submitting to the decorative products and materials design markets. Examples of my wallpaper and fabric pattern designs can be viewed by visiting my shop, Craze_Dezign, at the Spoonflower Global Website. [View My Shop]
My retirement in a Section 8-assisted apartment was meant to be my creative peak. For six years, I lived in peace and maintained a friendly relationship with my landlord. That changed in July 2024, when new tenants moved into the unit directly above mine. Among them was the plaintiff’s son, who had recently completed a four-year prison sentence for robbery and was under house arrest, monitored by an electronic ankle bracelet.
The noise from above became unbearable, making my creative work and daily life impossible. These neighbors show a complete lack of consideration for others and disregard the basic ethical standards necessary to live harmoniously within a community. If I had to describe them in one word, it would be "despicable".
Though I have always gotten along very well with people from all walks of life and easily made friends, the son struck a negative chord with me within days of moving in, and before I learned about his criminal history. He demanded that the landlord have me remove the security camera I had maintained at the front of the house for years. This "intruder" was already trying to take control of the property and make the rules. What is more, according to the maintenance man, the landlord was upset that this man moved in with his mother without being listed on the rental application and without securing permission.
Despite my long-standing residency and friendship, the landlord ignored my pleas for intervention, seemingly prioritizing the higher rent of the upstairs unit. When I continued to complain, the landlord’s stance shifted to active retaliation. He did a complete turnaround on me and was suddenly on the side of my neighbors, even to the extent of showing up in court to support them.
He locked me out of the basement storage: He denied me access to my small storage space and my circuit breakers—a direct violation of the Massachusetts State Sanitary Code (105 CMR 410.200), which requires 24/7 access to electrical panels for tenants.
Breach of quiet enjoyment: Under Massachusetts law, a landlord who fails to stop a nuisance (the noise) and then retaliates (by locking me out of the basement) acts unlawfully.
Left with no protection from the landlord or the Housing Authority, I was forced to defend my living space. The continuous, excessive, and sometimes obviously intentional noise caused me to lose my temper many times to the point of yelling idle threats, making loud noises from my apartment, and sometimes leaving derogatory notes at their door. I did nothing worse than most tenants would do under the same circumstances, yet the court is treating me as if I committed the crime of the year.
This tension allowed the plaintiffs to scheme and weaponize the legal system. The plaintiff’s son successfully petitioned for a restraining order against me in 2025. Then, to prevent the order from being dismissed in late December, he fabricated a new allegation: he claimed I was following him in my car during the month of October.
At the time, I was completely unaware that he possessed a driver's license because I had never seen him drive a car until late November of 2025, when he had obviously purchased a vehicle. How could I have followed him in October when I believed he didn't have a driver's license and knew he didn't own a car?
When questioned by the judge, the plaintiff had the nerve to say he couldn't remember the time and date of the incident, stating only that it happened sometime during October. The case should have been immediately thrown out. Courts are well aware of this malicious tactic, yet they allow it. Its purpose is to make it impossible for the defendant to provide an alibi, as the exact time and date of the incident are unknown. How this could possibly be allowed in today's justice system is beyond comprehension.
Despite the lack of evidence, the court used this "ghost" incident to extend the restraining order and bring new criminal charges against me for violating it. I am now facing a potential jury trial at 74 years old. My law-abiding life is being picked apart by an individual who has spent years in the prison system and knows exactly how to manipulate the courts to harass an innocent man.
For what logical reason would I ever bother following the plaintiff in my car when we live in the same apartment house and could have confronted him at any time—since the start of our conflict—right in our shared yard or parking lot?
To add to my poor experiences with the court, on the day of my hearing in the magistrate's office—when I first learned about the outrageous false allegations—I was spoken to with extreme rudeness and disrespect, and treated as if I were a common criminal considered guilty before trial. This individual very obviously uses Gestapo-style scare tactics to intimidate people and shouldn't even be allowed to work in a courthouse.
You would think that this man's mother would encourage and guide her son to stay on the path of righteousness after he served such a long prison sentence, but instead, she stood by him and supported him, knowing that he repeatedly lied to the court with the intention of harming a law-abiding senior. This makes her just as guilty of perjury as he is.
The most unbelievable and unfair aspect of this case occurs at every court date I attend: the judge consistently asks me if I have found a new apartment yet. This question ignores the fundamental truth that I was the original victim. My living conditions were destroyed, my peace was stolen, and I am the one being railroaded through the system.
Meanwhile, the plaintiffs—who have repeatedly committed perjury under oath to disrupt my life—are allowed to live it up in their apartment as if I never existed. The system is effectively demanding that I, the innocent senior, be the one to uproot my life, while the aggressors are rewarded with the space they stole from me.
Even small lies equal perjury under oath. During the hearings, one of the plaintiff’s many false statements was the claim that he was employed. As his neighbor, I have observed that he is home 90% of the time and has shown no regular pattern of employment since moving here in 2024. Despite my bringing this perjury to the court's attention, the judge refused to investigate his credibility, choosing instead to believe a convicted robber over a 74-year-old senior with a clean record.
Every time I submitted vital information before a hearing, it was ignored—even facts proving the plaintiffs repeatedly committed perjury. Yet, whenever the plaintiffs made false statements, the judge immediately believed them and took action against me.
The court once again rolled out the red carpet for the plaintiffs by extending the restraining order for another six months based on a single, handwritten, one-page note full of recycled lies he originally used on the first court date six months earlier. The judge barely even read the note before extending the restraining order and didn't question him about a single allegation.
The plaintiff—a man in his 30s who stands a foot taller than me and spent four years in prison among violent criminals—successfully convinced the judge that he is in constant fear of a 74-year-old man who stands just over 5 feet tall. He claimed I made threats against him and his son, yet the reality is I have never even seen his son up close and would not recognize him if I saw him in public. It is ludicrous and shameful that the court always ignores all documented evidence I provide while automatically validating the "fear" of a much larger, younger man with a significant criminal record. This is not a search for safety; it is the judicial system allowing itself to be manipulated as a tool for harassment.
My story needs to be told to all senior citizens throughout Berkshire County and beyond. I want everyone to know that the justice system I always trusted completely failed me as a 74-year-old law-abiding citizen, while doing everything to satisfy a plaintiff with a serious criminal record and his mother. The court has practically rolled out the red carpet for these plaintiffs on every court date and given them free rein to lie and manipulate the system to disrupt my life. It is purely shameful and corrupt. The court is greatly misusing its power and authority and is seriously in need of better monitoring and control by the state.
Luciano “Lou” Guadagno
lg51@yahoo.com
I recently had a second article published in the "Letters to the Editor" section of iBerkshires.com, a leading area news source. [Read Article]
I give praise and respect to iBerkshires.com for caring enough about me and having the backbone to release a story that reveals the shameful operations of the Pittsfield court and the railroading of respectable, law-abiding senior citizens.
Latest Update Coming Soon:
During my recent September court appearance, I made it clear that I no longer live below the plaintiff. Despite this, the judge extended the restraining order against me for another four months based on the plaintiff's false claims that I remain a threat.
Worse yet, the judge refused to review evidence of the plaintiff's entrapment attempt: he sent me certified mail containing a fake legal document, attempting to bait me into violating the order by asking me to sign and return it.
The judge also took no action when I reported that I filed a police report against the plaintiff for stealing hundreds of dollars in package deliveries mistakenly left at his doorstep over a period of time. I even included driver verification photos of the packages at the plaintiff's door before they disappeared.
Regarding the criminal charge I received months ago for allegedly following the plaintiff in my car, it is still unbelievable to me how the system handled it. Prior to my recent court hearing, my public defender strongly recommended that I "swallow my pride" and accept a continuance without a finding (CWOF) to something that never happened—just to avoid going to a jury trial and risking an unfair verdict.
This recommendation came even though the plaintiff committed outright perjury, never provided a specific date or time for the alleged incident, and had no evidence that I followed him. Is this what passes for justice? It is deeply sickening to see the court give a convicted criminal such an unfair advantage.
In the end, the outcome was that I had to accept a CWOF disposition, agreeing to three months of probation with no new charges so that the case would be officially dismissed.