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Guards Charged With Thefts Acquitted by Middlesex Court

Case May Have Cost University $90,000

By Joe Mathews

Police and Court sources estimate that the investigation and trial of two Harvard security guards for the alleged theft of two Poland Springs water coolers cost the University and Massachusetts a combined $90,000 in salaries and other expenses.

The two guards, George D. Perry and Michael J. Auterio, were acquitted on December 23 of charges that they stole the water coolers from the Law School. The coolers retail for $219 each, according to Poland Springs.

Two lieutenants, at least five sergeants, and a number of detectives and patrol officers from the Harvard Police Department were on hand for large parts of the trial. Several appeared as witnesses--some for the prosecution, others for the defense.

Harvard Police Lt. John F. Rooney said he felt the issue of costs was incidental to the matter.

"The problem is in any case, regardless of whether it's a misdemeanor or a felony, costs are incurred," Rooney said. "We're not in the business of weighing the costs. Our only job is to make sure justice is done."

University Attorney Allan A. Ryan Jr., who attended the entire three-day trial and consulted with attorneys for the both sides, indicated yesterday that the cost of the trial was not a significant issue.

"$90,000 seems to be an awfully high figure for this kind of trial," Ryan said. "But that's neither here nor there."

However, the money spent on the trial may just represent the beginning of what Harvard will spend on the matter.

Attorneys for Perry and Auterio have yet to rule out civil lawsuits to recoverdamages. Both men lost about two months of paywhen they were suspended after being charged withtheft.

"We haven't filed any civil suit, and nothingis in the works at this time," said MatthewBuckley, Auterio's attorney. "But I wouldn't ruleout the possibility."

Perry's attorney, William P. Homans '41,indicated his client might file a civil suit, butsaid a legal fight with Harvard could have itscosts.

"People always want to bring civil suits, and Idon't want to discourage George Perry," Homanssaid. "My experience is that it's like libel andslander suits--you lose as much as you gain."

Both men are pursuing grievances through thesecurity guard union in hopes of regaining lostwages. Some sources say a civil lawsuit by Auteriois imminent.

"Obviously, we're going to do something," saida source close to Auterio.

Ryan, who has defended Harvard in numeroussuits and discrimination complaints by policedepartment employees, said he would not discussthe two guards' personnel histories.

Homans said that if Harvard fails to pay backhis client as a result of grievance proceedings, acivil suit would become likely.

"If they don't give him back his pay, he'd beangry and so would I," Homans said. "Then we mightgo do something.

"We haven't filed any civil suit, and nothingis in the works at this time," said MatthewBuckley, Auterio's attorney. "But I wouldn't ruleout the possibility."

Perry's attorney, William P. Homans '41,indicated his client might file a civil suit, butsaid a legal fight with Harvard could have itscosts.

"People always want to bring civil suits, and Idon't want to discourage George Perry," Homanssaid. "My experience is that it's like libel andslander suits--you lose as much as you gain."

Both men are pursuing grievances through thesecurity guard union in hopes of regaining lostwages. Some sources say a civil lawsuit by Auteriois imminent.

"Obviously, we're going to do something," saida source close to Auterio.

Ryan, who has defended Harvard in numeroussuits and discrimination complaints by policedepartment employees, said he would not discussthe two guards' personnel histories.

Homans said that if Harvard fails to pay backhis client as a result of grievance proceedings, acivil suit would become likely.

"If they don't give him back his pay, he'd beangry and so would I," Homans said. "Then we mightgo do something.

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