by MARJORIE NEEDHAM
Former Middlebury Volunteer Fire Department (MVFD) Chief Paul Perrotti’s trial on federal charges of wrongful taking of town funds concluded today, and the case is now in the hands of a six-man, six-women jury. It was nearly 4 p.m. by the time closing arguments and the judge’s charge to the jury ended. The jury elected to be dismissed at 4 p.m. and return Monday morning, July 20, at 8:30 a.m. to begin deliberations.
The three U.S. Justice Department charges against Perrotti are
- In 2011, as an agent of the MVFD and an employee of the Town of Middlebury, a local government receiving more than $10,000 in federal monies, he embezzled, stole, obtained by fraud, intentionally misapplied or otherwise without authority knowingly converted to his own use property and funds valued at $5,000 or more, and that property or funds were owned and under the care custody and control of the Town of Middlebury.
- Same as 1 but for the calendar year 2012.
- Same as 1 but for the calendar year 2013.
Judge Jeffrey A. Meyer, in his charge to the jury today, told them to find Perrotti guilty, they have to look at each year and determine if the following five elements apply to each of them:
- Perrotti was an employee of the town.
- The Town of Middlebury received more than $10,000 in federal funds in that year.
- Perrotti wrongfully took property or funds in that year.
- The property or funds belonged to the Town of Middlebury.
- The value of the property taken was at least $5,000.
All must be proven beyond a reasonable doubt. Element two applies to each year due to FEMA funds the town received in each year, but the other elements are either proven or disproven by the evidence.
During testimony today, two questions defense attorney Martin Minnella asked Perrotti were: Did the town ever claim you stole money by fraud from them? Did the town ever seek reimbursement from you for any of these alleged frauds? Perrotti answered “no” to both questions.
The prosecution’s closing arguments were split between Assistant U.S. Attorney Sarah Karwan, the lead attorney, and Assistant U.S. Attorney Heather Cherry, who assisted with the prosecution. Cherry, going first, told the jury Perrotti believed he was not accountable to anyone. “He had his own little thing going on down there,” she said. “The town didn’t hire him and couldn’t fire him.”
Cherry said Perrotti blamed errors and inconsistencies in testimony on mistakes made by others. She told the jury, “It is time for you to hold him accountable.”
Based on the town’s W-4s and W-2s for Perrotti, Cherry said, “Common sense tells you he was an employee of the town.” She said he received wages like any other town employee, prepared a budget, attended town meetings, supervised a town employee (Kim Connors) and had a town vehicle and town cell phone.
Minella then spoke before Karwan got the last word with jury. He began and ended his closing argument with a Mark Twain quote, “Support your country all the time and your government when it deserves it.”
He told the jury in a criminal case there is a very heavy burden of proof on the prosecution. He stressed that Perrotti was not an employee and his small stipend was equivalent to pay of $3.90 an hour. “Is that something an employee receives?” he asked. He said the town gave Perrotti no health insurance or other benefits. “A car and a cell phone don’t make you an employee,” he said.
He told the jury Perrotti had many rivals and enemies in the fire department and reviewed some of the issues with members that had come up in testimony. One member agreed to record his telephone conversations with Perrotti using a script prepared by the FBI that Minnella described as intended to bait and trap Perrotti. Minella also pointed out lies witnesses either told to investigators or told while giving sworn testimony during the trial.
He said the prosecution hadn’t proven one scintilla of evidence. “We are not talking about dollars; we are talking about a person’s liberty,” Minella said. “ The government has not proven him guilty beyond a reasonable doubt … Paul Perrotti gave up so much and got so little in return.”
Karwan then got 24 minutes to conclude the prosecution’s case. She started by saying, “We may have just gotten through two different trials.” She said the trial was about Perrotti stealing from the taxpayers of Middlebury. She asked the jury if they thought the town benefited from all the money that flowed into Mr. Perrotti’s pockets.
She said, “Mr. Perrotti would decide what needed to be done at the fire house and then award himself the jobs.” She pointed out that he bid on the generator job and won that bid, even getting approval in an open Board of Selectmen meeting. Using that as an example, she said he could have been as transparent with all the other jobs.
“This is about accountability, about Mr. Perrotti lining his pockets with town dollars,” she said. She did not mention Middlebury’s purchasing policy, which says quotes are required for goods or services valued at more than $5,000 and competitive bidding is required for goods or services valued at $10,000 or more. The totals she presented for the three years in question are $14,982.26 for 2011, $14,127.26 for 2012 and $9,441.84 for 2013. Those are totals. Individual amounts were less than $5,000 each.
Judge Meyer read his lengthy charge to the jury as jurors read along on their own copies of the charge. He advised them their verdict must be unanimous, that they must reach their decision based solely on the evidence and that absence of evidence could cause a jury to find a defendant not guilty.
He said the burden of proof lies on the prosecution, which must prove its charges “beyond a reasonable doubt.” Noting that the three charges are accusations rather than evidence, he said each charge must be proven separately for each year.
Meyer advised the jury the punishment is not their concern as the court has the responsibility of imposing the sentence. Jury deliberations start Monday.
