Wednesday, November 9, 2011

Alleged Spa Madam Faces More Legal Issues

By Lisa E. Crowley
BROCKTON—Brockton’s Aria Day Spa and two others in Canton and Norwood involved in a recent prostitution and drug raid will not be allowed to offer customers massages after state officials realized none of the three spas have a required license to operate a massage therapy business.
Jason Lefferts, a spokesman for the state Division of Professional Licensure, said last Thursday cease and desist orders were sent to Terry Mussari, a 45-year-old Stoughton resident, who faces prostitution charges after a raid by the law enforcement officials working with the state Attorney General’s Office Oct. 22.
“She had a message therapist license for herself, but not for the establishments,” Lefferts said. “Each of the spas needs an establishment license and none of them had one,” he said.
Lefferts said he couldn’t answer why state officials did not catch the glitch, even after several inspections of Mussari’s spas in Brockton and Norwood.
“I can’t answer that,” Lefferts said.
He said the matter is an ongoing investigation and the Board of Cosmetology will issue a show cause order to Mussari who will have the opportunity with her lawyer, Kevin Reddington, to submit information about the matter and then the board will hold a hearing to decide if an establishment license should be issued for one or all of Mussari’s spas.
The AG’s office also alleges employees at the spa were selling drugs to customers and to themselves.
Mussari has pleaded not guilty and has hired Brockton lawyer Kevin Reddington to fight the allegations. Another woman, Terri Burgess, 31, was also arrested in the raid for outstanding warrants.
Since Mussari's arrest, the spas have shown few signs of operations, and telephone calls to each have gone unanswered.
State Sen. Thomas Kennedy, who represents Brockton, said he wants Mussari’s charges to be investigated by the Division of Professional Licensure even as Mussari’s case works its way through the courts.
Kennedy said when the division investigated Mussari she passed a Criminal Offenders Record Inquiry which did not take into account a prior investigation into illegal activities at her spas.
Kennedy noted thus far Mussari has not been convicted of the charges against her, which the states regulations ostensibly would prevent the issuance of a massage therapy license.
However, Kennedy said, the regulations have a so-called morals clause, that the licensee should be of good moral character.
Kennedy declined to answer if Mussari is a person of good moral character, and that decision would be left to the board.
“This will be a good test of the regulation,” Kennedy said.
Mussari’s licenses are not the only avenue investigators are following in connection with her arrest.
Fox 25 has reported an employee of the spas has accused police officers of paying for legitimate massages then tipping cash for sex in a back room.
Also, State Police trooper David Lemar has been suspended without pay as a part of the ongoing investigation into the day spas.
Lemar has denied any wrongdoing.
According to court documents, an undercover state trooper had several conversations with Mussari about sexual services her employees could provide, including an alleged private party at the Aria Day Spa scheduled for Oct. 22 when Mussari agreed to provide 12 different girls to a group of men who would come to the party.
Documents state the cost for the girls would be $1,720.
The day of the party, which turned out to be the day of Mussari’s arrest, court records state the undercover state police officer paid the money owed to Mussari and it was discussed between him and Mussari that he would “go first” and the other 11 girls would be at Aria Day Spa later that night for the rest of the men.
Records state once the balance was paid, the undercover state trooper was taken to a private room where two different female employees came into the room separately and offered to provide the officer with sex acts, as was arranged with Mussari.
After the second female offered to perform a sexual act, the trooper gave a prearranged signal to surveillance officers who executed search warrants at all three spas.

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