Police lieutenant invokes right against self-incrimination in patrolman’s disciplinary proceeding
By DENNIS TATZ
The Patriot Ledger
RANDOLPH - A police lieutenant’s refusal to testify for fear of self-incrimination during a Randolph patrolman’s disciplinary hearing has forced the proceedings to be halted.
Selectmen have been holding a hearing to determine if Officer Fabiano Estrela should be fired for allegedly stealing money and other items from illegal Brazilian immigrants following traffic stops.
Estrela’s attorney planned to call Lt. John Hamelburg to testify Thursday.
But selectmen and lawyers for both sides were stunned when Hamelburg’s attorney, Robert Jubinville, said his client was invoking his right against self-incrimination and wouldn’t take the stand.
‘‘Everyone was caught by surprise,’’ said George Hassett, who represents Estrela.
Hassett said Assistant Town Counsel Peter Berry had told him that Hamelburg would be made available to testify.
Hassett declined to comment on what he planned to ask Hamelburg.
Officials said they now need to determine their legal standing if they try and force Hamelburg to testify at the civil hearing.
Selectmen Chairman Paul Connors said no continuance date had been set.
Because of the surprise legal maneuvering, Connors said the hearing could be postponed until next month.
Meanwhile, four illegal Brazilian immigrants testified Thursday that their money disappeared after a police officer told them to leave their wallets in their cars following traffic stops.
But none of the men could say that they saw Estrela, an eight-year veteran of the force, take the wallets and other personal items.
Only two of the four could identity Estrela, 29, who sat several feet away from them Thursday.
Estrela is accused of stealing $2,174 in cash, a credit card and a gold bracelet from the Brazilians during four unrelated traffic stops between November 2005 and last December.
Following an internal investigation, Chief Paul Porter moved for selectmen to fire Estrela, who has been on paid administrative leave since February.
Berry, the assistant town counsel, has alleged that Estrela targeted vulnerable immigrants.
All four Brazilians, who testified through a Portuguese language interpreter, admitted to being in the U.S. illegally and driving without licenses.
During direct questioning from Berry, all said no promises were made to them for appearing at the hearing.
Ires Ramos of Randolph admitted that he gave Estrela a Brazilian driver’s license with a fake name.
‘‘He (Estrela) said it was not valid and I would be sent to prison,’’ Ramos said.
After being arraigned in Quincy District Court, the Brazilians said they were released and ordered to pay fines.
All gave similar testimony about Estrela stopping their cars and then being ordered to leave their wallets inside their vehicles while he arrested them.
One of the men, Idilio Silva, also of Randolph, had difficulty at first recalling a police officer stopping his vehicle.
Silva said he did remember a woman motorist’s car hitting his vehicle in the rear while he was stopped at a stop sign.
‘‘It’s a long time ago,’’ Silva said. ‘‘I don’t remember.’’
After additional questioning from Berry, the assistant town counsel, Silva related the incident with Estrela.
Silva, who works for an auto parts store in Brockton, said he never saw his wallet again following his arrest.
The two other Brazilians who testified were identified as Rodrigo DeAssis of Stoughton and Sergio Silveira of Abington.
Estrela is also accused of lying to a State Police polygraph examiner during an interview, in violation of departmental regulations.
Hassett, Estrela’s attorney, has argued that the missing cash and property could have been taken by others, including tow truck drivers.
Estrela, who also speaks Portuguese, requested that the disciplinary hearing be held in public.
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