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Posted by: PBC FL Cop

Friday, June 8, 2007

Officer guilty on two charges

Vigliatura held for contempt



Patrolman Arroyo

WORCESTER— Suspended Worcester police officer Heriberto Arroyo was convicted yesterday in U.S. District Court in Worcester on two conspiracy drug charges.

The 10-woman, 2-man jury took less than two hours to find the suspended patrolman guilty of conspiracy to possess GHB and GBL and conspiracy to possess cocaine and Ecstasy. The convictions carry a maximum penalty of one year each in prison.

The jury found Patrolman Arroyo not guilty of conspiracy to possess GHB and GBL with intent to distribute, which carries a maximum 20 year sentence. Judge F. Dennis Saylor IV set sentencing for Aug. 20.

“We’re pleased with the verdict,” said Brian T. Kelly, chief of the U.S. Attorney’s public corruption unit. “This was a serious breach of the public trust by a Worcester police officer. We are grateful that he’s been held accountable.”

Also yesterday, Judge Saylor found Thomas J. Vigliatura to be in civil contempt of court for refusing to testify in the case against Patrolman Arroyo. Mr. Vigliatura pleaded guilty last week to six drug charges as the alleged head of the conspiracy that involved Patrolman Arroyo and former Worcester Patrolman Brian W. Benedict and Matthew A. McLaughlin of Kittery Point, Maine..

The contempt finding means Mr. Vigliatura can be sentenced to more time on top of whatever sentence he receives for the drug charges. Judge Saylor can summarily sentence him to up to six more months at a hearing scheduled for June 18.

If the owner of the defunct T. Vig’s Sports Supplements Unlimited also is indicted for refusing to obey the order to testify and found guilty, then there is no limit to how much time Judge Saylor can add to Mr. Vigliatura’s sentence. The U.S. Attorney’s office does not comment on whether it plans to indict anyone, Mr. Kelly said.

Patrolman Arroyo’s lawyer, Robert L. Sheketoff, called no witnesses and introduced no evidence in the trial that ended yesterday. Prosecutors George W. Vien and Harry J. Matz called three expert witnesses on GHB and GBL, which weightlifters and party-goers use. Also called were Mr. Vigliatura’s former girlfriend and two other former drug users who testified under an immunity grant, Mr. Benedict and former drug dealer John Saari, who both hope their cooperation with the government will win them reduced prison sentences.

No law enforcement witnesses were called, although Drug Enforcement Administration agents who investigated the case were in the courtroom.

Mr. Matz urged the jury to convict based on Mr. Saari’s testimony about a scale and a bag of white powder Patrolman Arroyo produced in Mr. Vigliatura’s office; on cocaine that Sarah DiMeco, a stripper, said he produced for her to smoke “a bunch of times”; and on bottles of GHB that Kimberly Collins, Mr. Vigliatura’s girlfriend, said she saw him pick up twice at Mr. Vigliatura’s store and two or four times at his house, as well as a pill of Ecstasy that Dawn Limovitz said the defendant provided her.

Mr. Sheketoff said that all five witnesses who testified about Patrolman Arroyo were so drug-impaired they could not tell the truth and were motivated to provide prosecutors with favorable testimony by the need to prevent or reduce their own criminal liability.

“Five jokes added together are still a joke,” Mr. Sheketoff asserted.

Assistant U.S. Attorney Vien said Mr. Vigliatura let Patrolman Arroyo get so friendly with him because he knew Patrolman Arroyo was not an honest policeman who would enforce the law, but someone with whom he could share drugs.

After the guilty verdicts were announced, Patrolman Arroyo hugged not only his lawyer, but Mr. Matz as well. He shook Mr. Vien’s hand even though he said he does not believe he is guilty.

“I have no bad feelings towards anyone. God bless the Worcester Police Department and all the officers I worked with,” the suspended patrolman said.

“I have no regrets about working in the city. Now it’s time to move on.”

He noted his family and friends in the courtroom and said they were a blessing to him.

Mr. Sheketoff said the verdict will be appealed.

Patrolman Arroyo remains free on the same conditions that were set after his arrest.

Friday, June 8, 2007

Chief seeks new drug policy



WORCESTER— Police Chief Gary J. Gemme welcomed the drug convictions in federal district court yesterday of suspended Patrolman Heriberto Arroyo.

“Based on the convictions today we will move to terminate Mr. Arroyo,” the chief said.

Patrolman Arroyo was convicted of conspiracy to possess GHB and GBL and cocaine and Ecstasy. Former Patrolman Brian W. Benedict previously pleaded guilty to conspiracy to distribute GHB and GBL and conspiracy to possess cocaine and Ecstasy.

Chief Gemme said, “We have two police officers and they have been dealt with severely. And everyone knows that if there are others in the future that get involved in illegal drug activity, we’ll deal with them as severely.”

He said, “The arrest and conviction of both Arroyo and Benedict in no way is indicative of the professionalism of the men and woman of the Worcester Police Department. These two individuals used their badge of authority to violate the public trust and in terms of sentencing deserve the most severe.”

He added, “It is my opinion that the Worcester Police Department dealt with these two individuals both transparently and quickly.” Chief Gemme noted that he himself placed handcuffs on the men when they reported to his office as a result of an indictment based on an investigation by the U.S. Drug Enforcement Administration and then moved immediately to suspend them.

The chief said the department intends to review the U.S. District Court transcripts and bring to federal prosecutors’ attention any variation from the truth that it knows of.

The chief said he also intends to sit down with people from the unions representing the patrolmen, and the supervising officers, to discuss the need to change the department’s policy on drug testing. That needs to take place in the context of contract negotiations because the current policy is dictated by the labor contracts.

Mr. Benedict testified in Patrolman Arroyo’s trial that he had never been drug tested by the police. Chief Gemme said, “We know the existing policy is ineffective.”

Currently police cannot be required to take a drug test unless probable cause exists to believe an officer possesses illegal drugs on city property, and then the test must be for a specific drug. The chief said “reasonable suspicion” is a better standard than “probable cause.”

Asked how he feels about random drug testing for all officers, Chief Gemme said, “I certainly don’t want to overreact.” He said there are 460 sworn officers in the department and Mr. Benedict and Patrolman Arroyo are the first in his 24 years with the department who have been convicted of illegal drug activity.

Asked whether he knows of any others who have engaged in illegal drug use, he said he could not comment. But he said “99.9 percent don’t need to be drug tested.”

Chief Gemme said he is not suggesting the unions would impede changing the current policy. “I certainly think we can work together.”

He said, “I think the union would look to protect their membership and individual officers. I don’t believe any officer wants to work with any other officer who is drug-dependent or is involved in illegal drug sales.”

Using a “reasonableness standard would be more realistic in terms of identifying individuals with a problem before it becomes a serious disciplinary issue or termination,” Chief Gemme said.

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Posted by: Mitpo62

Ahhhhhh.....the seductive power of the badge and $$$$.

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