Peabody officer found guilty in exam-scam case

PEABODY – Family and friends of Peabody Police Lt. Edward Bettencourt quietly filled the first four rows of room 906 in Suffolk Superior Court Friday morning as Associate Justice Margaret Hinkle announced that she found the 55-year-old guilty on all 21 counts of unauthorized access to a computer.Hinkle stated that prosecuting attorneys Ina Howard-Hogan and Kathleen Healy carried their burden of proof beyond a reasonable doubt that Bettencourt was the only man responsible for the Christmas 2004 crime.The verdict appeared to shock most everyone in the courtroom, as heads began to shake, short gasps escaped their mouths, and tears glossed over their eyes. Members of Bettencourt’s family were too shaken up to comment.”I did not anticipate that,” said defense attorney Douglas Louison. “I really am very surprised and disappointed. I just don’t think the facts were there to sustain that burden of proof.”Bettencourt was indicted in October 2006 for accessing the confidential information of 20 fellow police officers and one Salem officer during his midnight shift at the station on Christmas 2004. It is believed that he then used that information to create false accounts on the Massachusetts Human Resource Division’s Civil Service Exam Applicant Web site and viewed their promotional scores.Different from most bench decisions, Hinkle chose to elaborate on her conclusion. She said that after hearing 40 witness testimonies, analyzing 47 exhibits, and touring the Peabody Police Station, she believed Bettencourt committed theses actions all the while knowing he was not privy to the information. She also believed that he had a motive: to learn the ranking of competing officers.”The amount of evidence may have swayed her to think it established the elements,” said Louison. “I’m very surprised given the amount of issues that pointed away from just a single person.”Hinkle said, “it was undisputed” that Bettencourt took the exam and the first four scores accessed were those of his competitors. She went on to say that the testimonies of the officers involved also proved that they did not create the accounts themselves, nor did they give Bettencourt the permission to do so.Looking back at the case, Louison said he really can’t say he would have or could have done something different.”You can’t,” he said. “The 40 some-odd witnesses, we felt, were sufficient enough to get all the points across.”Both parties are to meet with the probation department and file a memorandum about sentencing. Bettencourt could face fines up to $1,000 per count ($21,000), up to two years in the house of correction, and lose his pension. Hinkle scheduled sentencing for Friday, April 18 at 9 a.m.Louison, who remained confident throughout the case, doesn’t see jail time in his client’s future.”I just can’t foresee that the court would consider incarceration for this type of matter,” he said, noting that no harm was done and his background is clear of any criminal charges.What he does foresee is another trip to court.”I do anticipate an appeal,” he said, adding that he plans on filing a notice to the Massachusetts Appeals Court. “They might not rule in our favor, but they’ll hear it.”Louison said that Bettencourt is very disappointed with the outcome, but is handling it “like a man.””He’s a strong, solid guy.”