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Judge upholds convictions of former prison guards

11:54 AM Fri, Sep 05, 2008 |
Jack Perry    Email

By W. ZACHARY MALINOSWKI
Journal staff writer

PROVIDENCE -- A Superior Court judge this morning upheld the convictions of two former corrections officers at the Adult Correctional Institutions who were recently convicted on charges of assaulting four inmates in the prison's minimum security unit.

Judge Daniel A. Procaccini said the jury had plenty of evidence to find Capt. Gualter Botas, 39, of Pawtucket; and Lt. Kenneth Viveiros, 56, of North Providence, guilty of 11 counts of simple assault and battery.

The jury returned its verdict on July 31 following a three-week trial that featured 24 witnesses including graphic testimony from the four inmates about the abuse they suffered at the hands of Botas and Viveiros.

Procaccini, who said he awoke at 4 a.m. this morning to prepare for the hearing, spent about 45 minutes going through the testimony of the inmates and other witnesses who testified under oath. Several times, he mentioned that the inmates, as well as prison staff, were reluctant to testify or cooperate for fear of retribution. He said that life behind ``the walls of a prison,'' is much different than that of the rest of the society.

Still, despite the lengthy criminal records of the inmates, Procaccini found their testimony credible and he indicated that he felt the jury reached a just decision.

``I think the evidence weighed more credibly to the inmates' version of events,'' said Procaccini.

Several women, who are family members or friends of Botas and Viveiros, sobbed after the judge announced his decision. He scheduled sentencing for Sept. 25. Both men were fired from their positions at the ACI and they remain free on personal recognizance bail.

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