Jury acquits bodybuilding ex-firefighter

By David Abel, Globe Staff

Former Boston firefighter Albert Arroyo, who entered bodybuilding competitions while he was on disability leave, was acquitted today in federal court of fraud charges.

The verdict on two counts of mail fraud came after the jury had deliberated for less than four hours, following closing arguments in the case this morning in US District Court in Boston.

Arroyo burst into tears after the verdict was announced.

“We’re extremely gratified that the jury was able to consider all of the evidence and put aside the public outcry,” his attorney, Timothy Watkins, said. “The public didn’t know the facts. The system worked.”

US Attorney Carmen Ortiz called the verdict a “disappointment.”

“Taxpayers expect an honest day’s work for a fair day’s pay from every public servant,” she said in a statement. “We will continue to investigate and prosecute allegations of these types of frauds.”

Arroyo was showered in hugs by his relatives, who came to watch the verdict from the front row of the courtroom.

None would provide their names. But one said, “I feel good. It is what we hoped for and trusted would happen.” Arroyo left without commenting.

Dot Joyce, a spokeswoman for Boston Mayor Thomas M. Menino, said, “The decision today was unfortunate.”

“Mr. Arroyo was terminated from the City of Boston. He was terminated because the City of Boston contends he was able to do the duties assigned to him. He was ordered to return to work and refused. He no longer works for the City of Boston,” she said.

A prosecutor told the jury this morning that Arroyo knew how to abuse the system and used his knowledge of how to file false disability claims in a scheme to defraud the city.

But his defense attorney said in his closing argument that the government hadn’t proved its case.

“The government has not proved its theory of calculated fraud and manipulation beyond a reasonable doubt,” said Watkins.

In her closing argument, Assistant US Attorney Eugenia M. Carris reminded the jurors that Arroyo complained his back problems were so bad he had trouble lifting a piece of paper as a fire inspector. At the same time, she noted, he was working out twice a day, at times using dumbbells to squat more than 200 pounds.

“It’s like telling people at work that you can’t type because your fingers are bothering you, but you’re a concert pianist in your spare time,” Carris said.

Arroyo, 49, who has pleaded not guilty, sought to collect an annual $65,000 tax-free pension under his disability application. He was fired after refusing to return to work once his superiors learned of the bodybuilding competitions.

In addition to asserting the government hadn’t proved its case, Watkins said, “Bodybuilding or not, Albert Arroyo had a good faith basis for filing the application.” He noted that the former firefighter had first sought treatment for on-the-job back injuries in 2000.

He added Arroyo didn’t have “the intent to deceive anyone, because he didn’t want to retire.”

Watkins argued that Arroyo’s disability claims would not have led to “a pot of gold.”

“Accidental disability for someone Albert’s age is a prison,” he said. “The cost of living goes up, and that’s it. He might make a little more money working at a 7-Eleven … Why is that worth concocting a scheme?”

Martin Finucane and Billy Baker of the Globe staff contributed to this report.