Arroyo jurors say charge didn’t fit

Most felt there was scheme; none saw mail fraud

August 17, 2011|By David Abel and Andrew Ryan and Vivian Yee, Globe Staff | Globe Correspondent
  • If he is successful with the grievance, Albert Arroyo would win a tax-free lump sum of at least $238,465.
If he is successful with the grievance, Albert Arroyo would win a tax-free…

Jurors who acquitted former Boston firefighter Albert Arroyo said yesterday that they believed he committed fraud when he filed for disability leave while attending bodybuilding competitions, but that prosecutors pursued the wrong charges.

They said most of the 12-member panel agreed with prosecutors that Arroyo fraudulently sought a $65,000 annual pension.

But they did not accept that he was guilty of two counts of mail fraud, a federal crime that could have put the muscular 49-year-old behind bars for up to 20 years.

“We didn’t feel that the prosecution made the case that it was reasonable and foreseeable that the mail would be used to further his scheme,’’ said one of the jurors, a 34-year-old professional, who spoke on condition his name not be published.

He said the jury - which included two nonpracticing attorneys, at least three college students or recent graduates, and other professionals - concluded prosecutors did not prove that Arroyo knowingly used the mail to further his alleged scheme to retire on a tax-free pension. It may have been a technicality, but it was key to the jury’s verdict.

“He was filling out disability forms at City Hall,’’ the juror said. “Was it reasonable and foreseeable, per the judge’s instructions, that the mail would be used to further his scheme? We didn’t think so.’’

Another juror said she and others thought Arroyo should have been charged in state court, where he could have been tried for simple fraud.

“I feel like it would have been found a lot differently that way,’’ said the juror, a 20-year-old college student from a Boston suburb who also asked that her name not be used. “I know a bunch of us didn’t exactly have the utmost respect for him… . Unfortunately, even if we wanted to lean in a different direction, we didn’t find enough proof.’’

Federal prosecutors said it was possible new fraud charges could be brought by state or local authorities against Arroyo, but officials in Attorney General Martha Coakley’s office declined to comment.

The juror said she did not trust Arroyo, who testified over three days last week. “It seemed like he was very much speaking off of a pre-thought-out plan of what to say. He seemed like he was being coached a little bit or just knew what he shouldn’t be saying.’’

Arroyo, who was fired for refusing to return to work as a fire inspector after officials learned he was competing as a bodybuilder, declined to comment yesterday through his lawyer, Timothy Watkins, a federal public defender.

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