BOSTON — The last obstacle standing between Peabody police Lt. Edward Bettencourt and his jury trial is a set of tapes his attorney believes could help clear the veteran officer of charges he gained unauthorized access to his co-workers' civil service records.
The prosecutor, however, expressed doubt the tapes exist.
Bettencourt's attorney, Douglas Louison, told Suffolk Superior Court Judge Judith Fabricant yesterday morning the commonwealth's case against his client is circumstantial. The audiotapes kept by the Peabody Police Department would establish his client was out of the station Dec. 25, 2004, rather than at a computer, where prosecutors say he looked at 21 officers' civil service exam scores.
"The defendant was out on the street making motor vehicle calls," Louison said. "There's no smoking gun, just little pieces."
Assistant Attorney General Ina Howard-Hogan said despite Louison's assertions, she had requested the tapes and had been told there weren't any.
"Well, how are we going to get this resolved?" Fabricant asked the attorneys.
The judge scheduled a final pretrial conference hearing Feb. 26 to subpoena the people responsible for any recordings to find out "what tapes exist and where they are."
"We welcome that," Howard-Hogan said.
Fabricant also set a March 7 trial date, giving attorneys nine days to try their case — although Howard-Hogan initially requested two weeks. The prosecutor said she needed the time because of the volume of witnesses, 40 to 50.
Before attorneys left the courtroom, the judge wanted to know how the presence of police officers during the trial might affect the proceedings. The prosecutor assured Fabricant that she did not expect any problems.
"We are asking all witnesses to be sequestered in the attorney general's grand jury conference room, pretty much all of the police officers who are involved," Howard-Hogan said.
After yesterday's hearing, Louison reiterated his belief prosecutors hadn't worked hard enough to find the tapes.
"We believe they exist, but the commonwealth hasn't produced them," he said.
In October 2006, Bettencourt was indicted on 21 counts he accessed the civil service exam scores of his fellow officers during his midnight shift as watch commander Christmas Day 2004.
The police lieutenant is accused of using police computers to learn the birth dates and Social Security numbers of 20 Peabody officers and one Salem officer. Bettencourt allegedly used the information to open separate accounts and access his co-workers' exam scores.
Bettencourt, a 24-year member of the Peabody Police Department, was suspended without pay shortly after his indictment.
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