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By W. Zachary Malinowski PROVIDENCE -- There was no need for State Police Detective Joseph F. Philbin to introduce himself when he walked through the front door of the Adult Correctional Institutions. Just five days earlier, on Feb. 17, 2006, prison officials announced the suspension of more than a half-dozen guards and staff for abusing, or covering up the abuse of inmates, in minimum security. The guards and staff knew why the 6-foot, 5-inch, 240-pound trooper was paying them a visit. "It was tense in the facility," Philbin said. "There was tension. They were little bit more cold.'' Philbin spent about three hours on the witness stand today testifying about the investigation that led to multiple charges of simple assault against two former ACI officers, Capt. Gualter Botas, 39, of Pawtucket, and Lt. Kenneth Viveiros, 56, of North Providence. Both men, who were fired last year, are on trial in Superior Court for assaulting and verbally abusing four ex-inmates in the prison's minimum security unit in 2005 and 2006. The former inmates, Jose Gonzalez, Anthony Romano, Robert Houghton and Matthew Gumkowski, have spent days testifying about Botas and Viveiros striking, screaming and humiliating them in his office while they were questioned for violating prison rules. Philbin was the lead investigator in the abuse case against Gonzalez, and he assisted in the probes of Romano and Houghton. He said all three inmates were skeptical of his motives and were reluctant to provide him with information. Once he assured them that he was conducting an independent investigation into the conduct of the guards. Philbin said that the inmates were forthcoming. Gonzalez, he said, was the most reluctant. "Definitely, the toughest,'' he said. "He didn't want to talk to us about anything. It was a tough thing for him to talk about.'' During the course of three days this week, Gonzalez, now a free man, provided the court with emotionally-charged testimony about the abuse he suffered at the hands of the ranking corrections officers. He said that Botas struck him "more than 30 times,'' in the head with a phone book, while Viveiros broke Ramen noodle soup packets over his head. (Gonzalez was being questioned about having too many packets of soup stored in his living quarters, a possible violation of prison rules.) At one point, Gonzalez testified that Botas ordered him to strip naked and he threatened to sodomize him if he didn't answer questions about drugs, gangs and prison contraband. He said that he was ordered to bend over and the guards laughed and made a mockery of a birth mark on his back side. Philbin said that Gonzalez, who broke down and sobbed during the trial, cried several times during the interview at the prison. The alleged abuse of Gonzalez took place on Feb. 14, eight days before Philbin met with him. Still, the detective testified that there was still evidence of a split lower lip and bruises on his right bicep that he claimed were inflicted by the guards. During direct examination, Philbin told prosecutor Molly K. Cote that a few days after the Gonzalez interview, Botas and Viveiros came to state police headquarters for interviews. Philbin also testified that over the past three years no correctional officers have come forward with information that could help Botas or Viveiros. He said that if he could provide an investigator with a statement that could help a fellow trooper in trouble that he would be "first in line.'' John Lynch Jr., Botas's lawyer, gently cross-examined Philbin on why he didn't interview several others, including staff in the prison infirmary, about Gonzalez's injuries. He also asked him details about statements that other state police investigators had gleaned from the inmates. In the afternoon, Delo Davis, a burglar and former inmate, testified about a conversation he had with Romano on Jan. 30, 2006, the day that he was allegedly abused. He corroborated Romano's testimony that Botas broke a clip board over the back of his neck and "smacked'' him. Davis said that Romano told him about it in "the bubble,'' a holding area for inmates in minimum security. He said that it was the first time that he had ever spoken to Romano, who was rattled and had a red mark near his right eye. "I don't think it's right that they beat me like that over a phone number I had in my pocket,'' said Davis, remembering what Romano had told him. Romano had testified that the guards questioned him about a phone number that was discovered in his shirt pocket. After the alleged beatings, Davis said that he told Romano that he was there for him. CommentsLeave a commentPlease be civil. Vicious comments, personal attacks and profanity won't be published. Name and email are required; email address will not publish. |
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Totally, totally disgusting--this is what we pay the guards to do--they are worse than the criminals who are entrusted to their "care". Fire them all--they are a sadistic bunch of thugs--that is why they take these jobs in the first place. More on RI state workers--who are never satisfied and who think they are above everything.
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there is more than we are being told to these stories Im sure remember the inmates were already in prison for committing crimes...what were they really like
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There is no honor among thieves and obviously among these knuckleheads.I can not believe that no one came forward for Viveiros. I did time at that dump and everyone knew LT. Viveiros had the mean disgruntled father mentality. He would scream at you and go nuts verbally but at times he was compassionate and undrerstanding. Everyone knows he could be very harsh VERBALLY at times. But he did not ever physically abuse anyone. He was not the type. Botas on the other hand I knew in Intake and when he cam over to Minimum later. An Evil Sadist with about as much humanity as Pol Pot. You could see the pleasure he took in seeing you at the most humbling, humiliating, horrific time of your life and he made sure you knew it. To bad about Viveiros, I know if you asked 100 cons and they will tell you yhe same thing. I actually feel bad for the guy.
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