# Hinsdale ex-chief headed for jail



## USMCTrooper (Oct 23, 2003)

Saturday, March 25
PITTSFIELD - A former Hinsdale police chief will spend three months in jail and three years on probation after he admitted yesterday to multiple charges of fraud and theft.

Mark A. Green Sr., 50, of Creamery Road, Hinsdale, pleaded guilty in Berkshire Superior Court to four counts of larceny over $250 and to single charges of receiving stolen property over $250, filing false written reports by a public officer or employee, filing false entries into corporate books and making false representations to the commonwealth.

Green defrauded the town of Hinsdale and the Central Berkshire Regional School District out of funds and property between June 22, 1999, and Feb. 15, 2003, according to First Assistant District Attorney Paul J. Caccaviello.

Judge John A. Agostini also heard testimony from angry Hinsdale officials as well as Green's current employer and minister, before he sentenced Green to serve 90 days of a two-year sentence in the Berkshire County House of Correction.

After his release, Green will remain on probation for three years. Agostini ordered him to pay $12,000 in restitution to the town and $2,000 to the school district. He also must pay either monthly probation fees or perform community service during his probationary period.

Agostini also handed a tearful Green his opinion of the case. Just prior to his sentencing, Green read from a statement he prepared, apologizing to town and school officials for his actions.

"I have no doubt that you have a good heart," Agostini said. "If you have any doubt, just turn around and look at all of the people here for you. But I do get the sense that the laws were an inconvenience for you, something for you to avoid."

Agostini pointed out that five Hinsdale police officers were indicted on similar charges as a result of Green's wayward leadership.

"I don't know how many of those officers would have been indicted if it weren't for you," the judge told Green, who lowered his head. "You were the chief, their leader. ... You were held, whether you believe it or not, to a much higher standard, and you violated that trust."

Agostini also denied a request from Green's attorney, William A. Rota, to postpone his sentencing for a week.

"This has gone on long enough," Agostini said, firmly.

Green wept as he was handcuffed and led out of the courtroom by court officers. He said quick farewells to more than 20 family members, friends and co-workers who had attended the hearing.

As police chief, Green misappropriated DARE and community policing funds and directed police officers to submit false payroll slips for hours they didn't work, according to Caccaviello.

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Officers Richard F. Murdock and Sgt. Heather A. Nicholas, and former Officers Robert M. LeVardi Sr., Jacob J. Pyra and Daniel J. Salzarulo also are facing charges based on those allegations. Their cases are pending.

Green also accepted a decommissioned Pittsfield police cruiser and a defibrillator, which were allegedly stolen by Salzarulo from the Pittsfield Auxiliary Police, Caccaviello explained. At the time, Salzarulo was also head of the auxiliary police.

As head custodian for the school district, Green instructed his subordinates to perform nonschool-related work on school hours, such as trimming hedges at his Creamery Road home, Caccaviello said.

Green also stole school property, such as a lawnmower and canopy, which were recovered at his home, Caccaviello said. He also created false documents, on nine occasions, on projects for which the school district was seeking bids.

The 30-month investigation by state police detectives stemmed from Green's activities at the school district and expanded to his conduct as Hinsdale's police chief, Caccaviello said.

Caccaviello had recommended a three- to five-year sentence in state prison for Green, noting that the officers charged in this case indicated that they followed his orders.

"He was a public servant in the most solemn way, sworn to protect and serve," Caccaviello said. "He did quite the opposite."

School and town officials, including current Hinsdale Police Chief Christopher K. Powell, also asked Agostini for a lengthy prison sentence.

"I look at this as a violation of public trust and an abuse of power," Powell said. "Now we're working to get our credibility back. But it's going to be a long haul."

Rota, however, countered that state prison would not be suitable for the former police chief with no prior record, and requested probation for his client instead. He explained that Green has already been punished by losing his job and pension from the school district, his law enforcement career, and enduring the humiliation of this case. Green, who resigned from the force in February 2003, had been working as the director of maintenance and housekeeping at the Patriot Suites in Lenox while awaiting his trial. His employer, Joseph M. Toole, the president of Toole Companies, also testified to his character and work ethic before Agostini yesterday.

_This guy was a POS 15 years ago and he is still a POS. "chief" who holds down a day job as a janitor.......nice_


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