By Stacie N. Galang
Staff writer
May 12, 2008 06:00 am PEABODY — Lt. Edward Bettencourt seems to be taking no chances with his retirement. The convicted police lieutenant has hired high-power labor attorney Paul T. Hynes to represent him May 23 before the city's five-member Retirement Board, which will decide whether he can keep his pension. Hynes represented John "Jackie" Bulger — brother of career criminal James "Whitey" Bulger and former state Senate President William "Billy" Bulger — before the Supreme Judicial Court in November 2004. John Bulger, a retired clerk magistrate, ultimately lost his own pension for two counts of perjury. Meanwhile, the Police Department has reopened its own investigation, the results of which will be taken into account at a disciplinary hearing before the mayor. One possible outcome is firing. Bettencourt, 55, was convicted April 4 of 21 counts of unlawful computer access. The police lieutenant, a 24-year veteran of the department, opened civil service accounts in the names of 21 colleagues during his midnight shift Dec. 25, 2004. His conviction earned him a $10,500 fine April 18 from Suffolk Superior Court Judge Margaret Hinkle. "What happens at the retirement hearing may be determinative of everything," said City Solicitor John Christopher. Bettencourt had requested his hearing before the board on April 4, the day he was convicted, according to the Retirement Board's attorney, Michael Sacco. He has also decided to keep his hearing private. Bettencourt has been on unpaid administrative leave since shortly after his indictment in October 2006. The city is waiting out the Retirement Board's decision before proceeding with Bettencourt's disciplinary hearing before Mayor Michael Bonfanti. Neither Hynes nor Bettencourt's criminal defense attorney, Douglas Louison, returned repeated calls for comment. Internal affairs In the meantime, the Police Department has picked up Bettencourt's internal affairs investigation where it left off — when the grand jury handed up his indictments, Christopher said. Information from the department's investigation coupled with Bettencourt's criminal case will be taken into account at any disciplinary hearing before Bonfanti, Assistant City Solicitor Daniel Cocuzzo said. Cocuzzo couldn't speak to Bettencourt's case, but said in general a permanent civil service employee has the right to what he called a "show cause" hearing, independent of any criminal proceedings. "It's only right to give due process," Cocuzzo said. "We're letting them have the ability to state their position." Police Chief Robert Champagne said now that the criminal matter has concluded, the department will be able to use that information in its own probe. "We will reopen the internal affairs process using not only the results of the criminal investigation, but look at what, if any, violations of our internal policies would be," he said. Champagne said retired Methuen police Chief Bruce McDougall, who started the investigation in 2005, would take the lead and work with as many department employees as necessary. It's a process he does not think will conclude before the May 23 Retirement Board hearing, Champagne said. Whether the veteran police officer will be able to retire with his pension is weeks off. Although his retirement hearing is set for May 23, the board is unlikely to decide that day, Sacco said. "I think it's more likely that the board will want to have the opportunity to digest the information provided to them," he said. Once they take their vote, the board has 15 days to issue a written decision, the attorney said.
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