Arroyo cleared in fraud verdict

Ex-city firefighter was bodybuilder while on disability

August 16, 2011|By David Abel, Globe Staff
  • Albert Arroyo after a 2008 hearing.
Albert Arroyo after a 2008 hearing.

After deliberating less than four hours, a federal jury acquitted former Boston firefighter Albert Arroyo yesterday of fraud charges, which were brought after he participated in bodybuilding competitions and other strenuous activity while on disability leave.

The not guilty verdict on two counts of mail fraud shook Arroyo, who quivered with emotion, bowed his head, and burst into tears.

“We’re extremely gratified that the jury was able to consider all of the evidence and put aside the public outcry,’’ said Timothy Watkins, Arroyo’s attorney, after the verdict was read in US District Court in Boston. “The public didn’t know the facts. The system worked.’’

Prosecutors walked out of the courtroom without commenting.

In a statement, US Attorney Carmen M. Ortiz said the verdict was a “disappointment.’’

“Taxpayers expect an honest day’s work for a fair day’s pay from every public servant,’’ she said. “We will continue to investigate and prosecute allegations of these types of frauds.’’

Before leaving the courtroom, Arroyo was hugged by friends and relatives, many of whom had spent the past week and a half watching the trial from the front row.

None would provide their names, but one said: “I feel good. It is what we hoped for and trusted would happen.’’

Arroyo, who was fired for refusing to return to work as a fire inspector after officials learned he was competing as a bodybuilder, left without comment.

Officials at the Boston Fire Department also declined to comment. Officials in the union that represents city firefighters did not return calls.

Dot Joyce, a spokeswoman for Mayor Thomas M. Menino, said the verdict was unfortunate.

“Mr. Arroyo was terminated from the city of Boston,’’ she said. “He was terminated because the city of Boston contends he was able to do the duties assigned to him. He was ordered to return to work and refused. He no longer works for the city of Boston.’’

Joyce said the firefighters union has filed a grievance contesting Arroyo’s firing. A hearing is scheduled for January. She said she did not know if acquittal would permit Arroyo to seek a disability claim.

Arroyo had been a firefighter for two decades when he applied for accidental disability retirement in 2008, saying the fall aggravated a back injury he sustained on the job in 2000. Six weeks later, he was caught on video flexing his muscles in a strenuous routine at a bodybuilding completion in Marlborough.

The disability claim, first reported by the Globe in July 2008, became a flashpoint for critics of public corruption and benefits fraud.

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