WORCESTER— Saying that it is “uniquely horrible when a police officer turns to criminal activity,” U.S. District Court Judge F. Dennis Saylor IV yesterday sentenced a former Worcester police officer to seven months in prison on drug charges, to be followed by seven months of electronically-monitored home confinement.
“It’s something that society cannot tolerate by even a slight degree,” Judge Saylor said before also fining Brian W. Benedict, 35, of 53 Woodland Road, Auburn, $2,000 and imposing three years of supervision after release from prison.
Before Judge Saylor pronounced the sentence, Mr. Benedict apologized to the court, to Assistant U.S. Attorney George W. Vien, to the city of Worcester and to his family “for ever being involved in criminal acts like this.” The son of a Worcester police officer said, “I’ll live with this for the rest of my life and try to make amends the best I can.”
Mr. Benedict pleaded guilty last year to conspiracy from 2000 to 2004 to distribute the drugs GHB and GBL, drugs used by bodybuilders as well as at nightclubs and as a date-rape drug; and conspiracy to possess cocaine and Ecstasy. Mr. Benedict testified against his co-defendant, former Worcester police officer Heriberto Arroyo, who was convicted by a jury June 7.
Mr. Arroyo and Thomas J. Vigliatura, the drug ring leader and owner of the defunct T. Vig’s Sports Supplements, 98 West Boylston St., are awaiting sentencing. However, Mr. Vigliatura has already been sentenced to six months for contempt of court for refusing to testify in Mr. Arroyo’s trial.
Matthew McLaughlin of Kittery Point, Maine, who supplied GBL to Mr. Vigliatura, was sentenced Monday to 30 months in prison.
Mr. Vien, the prosecutor, filed a motion yesterday to give Mr. Benedict leniency because of his cooperation with the government. After he was indicted, Mr. Benedict: reported to authorities that Mr. Vigliatura said he would hire someone to threaten harm to the prosecutor if he didn’t back off the case investigated by the U.S. Drug Enforcement Administration; wore a wire to secretly record Mr. Vigliatura’s alleged threats; testified against Mr. Arroyo; and offered to testify against Mr. Vigliatura.
John C. Fisher, Mr. Benedict’s lawyer, argued for a sentence that includes no prison time, a suspended sentence or house arrest. He acknowledged that his client has made “a terrible mess of his life,” embarrassing himself and his family and losing his career, because of drug addiction and mistakes that were his own fault.
Since then, Mr. Benedict “did the right thing” when he learned of the threat to Mr. Vien’s life, taking lie detector tests and doing whatever else authorities asked, and he has been substance-free for three years and “turned the corner,” Mr. Fisher said. With all that Mr. Benedict has suffered and a new job upon which his wife and two children depend, Mr. Fisher said, there was no reason to incarcerate him.
While Mr. Vien agreed that the crimes were in the past, he said that “incarceration is appropriate, no matter how short it would be” in order to give other police a message.
Judge Saylor acknowledged that Mr. Benedict’s cooperation with the government extended considerably beyond the ordinary, that the letters written on his behalf are impressive, and he was “aware of how far the defendant has come” and the effect that prison will have on his family. He said he cannot spare Mr. Benedict from prison “in view of his status as a police officer or former police officer.”
The judge said he was concerned that the amount of illegal drugs attributed to Mr. Benedict in a pre-sentence report “ought to be higher.” Sentence guidelines depend on the amount of drugs a defendant distributes, but Judge Saylor said, “I have no evidence before me” of more drugs to act upon.
Judge Saylor sentenced Mr. Benedict to one month below the minimum advisory sentencing guideline of 8 to 14 months, because “the defendant received a series of breaks here, all of which he earned except that one.”
In a telephone interview after the hearing, Worcester Police Chief Gary J. Gemme said, “I certainly understand that when police officers get involved in illegal drugs that a clear message has to be sent by the court. I also believe that when officers have issues, whether it’s alcohol or drug abuse, they need to seek treatment and take advantage of employee resources in order to avoid criminal prosecution and at the same time return to a more productive lifestyle.”
He said the Worcester Police Department has an employee assistance program, including a stress unit run by Patrolman John Mahan, which treats sworn and civilian WPD employees as well as law enforcement officers from elsewhere. “The message is: It’s critical that people seek assistance when they‘re having the problem, whether it’s an emotional problem or a substance abuse problem, before you reach a point where the employee assistance program is not a viable option,” the chief said.
Posted by: PBC FL Cop
Thursday, August 2, 2007
Ex-cop gets 7 months in prison
Involved with dealing drugs
By Lee Hammel TELEGRAM & GAZETTE STAFF
WORCESTER— Saying that it is “uniquely horrible when a police officer turns to criminal activity,” U.S. District Court Judge F. Dennis Saylor IV yesterday sentenced a former Worcester police officer to seven months in prison on drug charges, to be followed by seven months of electronically-monitored home confinement.
“It’s something that society cannot tolerate by even a slight degree,” Judge Saylor said before also fining Brian W. Benedict, 35, of 53 Woodland Road, Auburn, $2,000 and imposing three years of supervision after release from prison.
Before Judge Saylor pronounced the sentence, Mr. Benedict apologized to the court, to Assistant U.S. Attorney George W. Vien, to the city of Worcester and to his family “for ever being involved in criminal acts like this.” The son of a Worcester police officer said, “I’ll live with this for the rest of my life and try to make amends the best I can.”
Mr. Benedict pleaded guilty last year to conspiracy from 2000 to 2004 to distribute the drugs GHB and GBL, drugs used by bodybuilders as well as at nightclubs and as a date-rape drug; and conspiracy to possess cocaine and Ecstasy. Mr. Benedict testified against his co-defendant, former Worcester police officer Heriberto Arroyo, who was convicted by a jury June 7.
Mr. Arroyo and Thomas J. Vigliatura, the drug ring leader and owner of the defunct T. Vig’s Sports Supplements, 98 West Boylston St., are awaiting sentencing. However, Mr. Vigliatura has already been sentenced to six months for contempt of court for refusing to testify in Mr. Arroyo’s trial.
Matthew McLaughlin of Kittery Point, Maine, who supplied GBL to Mr. Vigliatura, was sentenced Monday to 30 months in prison.
Mr. Vien, the prosecutor, filed a motion yesterday to give Mr. Benedict leniency because of his cooperation with the government. After he was indicted, Mr. Benedict: reported to authorities that Mr. Vigliatura said he would hire someone to threaten harm to the prosecutor if he didn’t back off the case investigated by the U.S. Drug Enforcement Administration; wore a wire to secretly record Mr. Vigliatura’s alleged threats; testified against Mr. Arroyo; and offered to testify against Mr. Vigliatura.
John C. Fisher, Mr. Benedict’s lawyer, argued for a sentence that includes no prison time, a suspended sentence or house arrest. He acknowledged that his client has made “a terrible mess of his life,” embarrassing himself and his family and losing his career, because of drug addiction and mistakes that were his own fault.
Since then, Mr. Benedict “did the right thing” when he learned of the threat to Mr. Vien’s life, taking lie detector tests and doing whatever else authorities asked, and he has been substance-free for three years and “turned the corner,” Mr. Fisher said. With all that Mr. Benedict has suffered and a new job upon which his wife and two children depend, Mr. Fisher said, there was no reason to incarcerate him.
While Mr. Vien agreed that the crimes were in the past, he said that “incarceration is appropriate, no matter how short it would be” in order to give other police a message.
Judge Saylor acknowledged that Mr. Benedict’s cooperation with the government extended considerably beyond the ordinary, that the letters written on his behalf are impressive, and he was “aware of how far the defendant has come” and the effect that prison will have on his family. He said he cannot spare Mr. Benedict from prison “in view of his status as a police officer or former police officer.”
The judge said he was concerned that the amount of illegal drugs attributed to Mr. Benedict in a pre-sentence report “ought to be higher.” Sentence guidelines depend on the amount of drugs a defendant distributes, but Judge Saylor said, “I have no evidence before me” of more drugs to act upon.
Judge Saylor sentenced Mr. Benedict to one month below the minimum advisory sentencing guideline of 8 to 14 months, because “the defendant received a series of breaks here, all of which he earned except that one.”
In a telephone interview after the hearing, Worcester Police Chief Gary J. Gemme said, “I certainly understand that when police officers get involved in illegal drugs that a clear message has to be sent by the court. I also believe that when officers have issues, whether it’s alcohol or drug abuse, they need to seek treatment and take advantage of employee resources in order to avoid criminal prosecution and at the same time return to a more productive lifestyle.”
He said the Worcester Police Department has an employee assistance program, including a stress unit run by Patrolman John Mahan, which treats sworn and civilian WPD employees as well as law enforcement officers from elsewhere. “The message is: It’s critical that people seek assistance when they‘re having the problem, whether it’s an emotional problem or a substance abuse problem, before you reach a point where the employee assistance program is not a viable option,” the chief said.
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