THIS STORY HAS BEEN FORMATTED FOR EASY PRINTING

4 arraigned in EMT training case

Had others sign them in, police say

By Brian R. Ballou
Globe Staff / August 14, 2009

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SALEM - Former Hamilton police chief Walter D. Cullen received a stellar grade of 90 on a test during a required emergency medical technician refresher course in November 2006. James W. Foley, then a Wenham police lieutenant, received an 80, still comfortably within passing range on a scale of zero to 100, according to court records.

The reason for Foley’s lower score, according to the test’s administrator, was effort. “He didn’t try very hard,’’ Henry Michalski Jr., the training coordinator, told an Essex County Grand Jury two months ago.

But neither man tried at all, investigators said, and Cullen was actually on vacation in San Diego and Denver during the course dates.

Yesterday, Cullen, Foley, Michalski, and David J. Mastrianni, a training instructor with the Hamilton Police Department, were arraigned in Essex Superior Court on charges ranging from perjury to attempted obstruction of justice, in a case that has tarnished the image of the small North Shore town.

Cullen was charged with two counts of emergency medical services violations and single counts of procurement fraud and larceny over $250. Authorities said Cullen, 64, told investigators he had taken required emergency training at the Essex Fire Department in 2006, but the investigation revealed that he was on vacation and that his son, Sean, a trainer, had signed his name on the roster.

Foley was charged with single counts of EMS violation and attempted obstruction of justice. Michalski Jr. was charged with six counts of EMS violation, two counts of attempted obstruction of justice, and perjury.

The attempted obstruction of justice charges against Foley, 48, of Ipswich, and Michalski, 61, of Middleton, stem from allegations that Michalski, upon being questioned by investigators, tipped Foley and two other men that authorities would probably question them. Michalski allegedly told them the same story he told investigators, according to court records.

Mastrianni was charged with four counts of EMS violation and two counts of writing a false report, stemming from allegations that he allowed officers to sign attendance rosters without going to training and allowing officers to sign attendance rosters for training that was not held. Mastrianni, 45, of Hamilton, is the former chief’s son-in-law.

Five Hamilton police officers and four Danvers police officers face severe discipline for lying about taking the proper recertification courses and for working without the certification.

Most of the alleged violations occurred from 2006 to 2007. According to court documents, “the story rapidly unraveled’’ on July 17, 2009, when Sean Cullen admitted to investigators that he signed his father’s name on the refresher course rosters because his father was unavailable.

As certified EMTs, full-time Hamilton police officers receive a weekly stipend and annual training pay equivalent to 30 hours of overtime, according to court records. Because of this compensation, authorities charged Walter Cullen with procurement fraud and larceny.

During their arraignment, the defendants stood silently next to their attorneys. who pleaded not guilty on their behalf. The defendants remained free on personal recognizance and must return to court on Sept. 24 for a preliminary hearing. About a dozen family members sat in the courtroom.

The defendants declined to comment as they left the courthouse, and only Scott Gediman, the attorney who represents Henry Michalski, gave a brief statement, saying: “At this point, we don’t know what the allegations are. I can say that Henry is a long-time veteran and war hero. This is horrifying for him.’’