Two MA corrections officers accused of injuring an inmate and obstructing an investigation acquitted

BOSTON – A senior correctional officer and a lieutenant at FMC Devens who were accused of injuring an inmate and then obstructing the investigation have been acquitted.

Seth M. Bourget, of Woodstock, Conn., a Senior Correctional Officer at U.S. Bureau Prisons Federal Medical Center in Devens (FMC Devens), was indicted on two counts of deprivation of civil rights under color of law. Joseph M. Lavorato, of Wilmington, Mass., a Lieutenant at FMC Devens was indicted on obstruction of an official proceeding and destruction and falsification of records in a federal investigation. Bourget and Lavorato were arrested this morning.

According to the indictment, on or about June 18, 2019, Bourget, dropped his knee on an inmate’s head while the inmate was handcuffed and restrained on the floor in the mental health housing unit, resulting in bodily injury to the inmate. It is further alleged that Bourget struck the handcuffed inmate with a protective shield with excessive force, in a locked cell, injuring the inmate

Lieutenant Lavorato was indicted for allegedly obstructing the investigation into U.S. Bureau of Prison’s review of the use of the force by purposely failing to timely and accurately report the nature and extent of inmate’s injuries and intentionally concealing the existence a video recording of the incident in an official report. It was alleged that Lavorato destroyed a video recording of the incident, and then falsely stated in a report that the security camera was not operational at the time due to a dead battery.

U.S. Attorney Rachel Rollins issued a statement after the acquittal.

“While we respect the jury’s decision, today’s verdict will not deter us from bringing these difficult cases. We believe that the allegations warranted the government’s investigation and charges.

“Carrying a badge comes with enormous responsibility and obligations to not only enforce and abide by the law, but to respect the civil rights of people in your custody and care. That includes people in carceral facilities, many of whom are plagued with significant mental health issues, like the victim in this case.

“This U.S. Attorney’s Office will continue to vigorously investigate and when appropriate, prosecute allegations of civil rights violations. That also must be the case when the allegations are against Bureau of Prisons employees, who are themselves part of the Department of Justice system.

“Our mission is not about winning or losing trials, but about pursuing justice. It is my hope that the light that was shed on these defendants’ conduct, and the undeniable physical harm caused to the victim, will result in positive improvements in our system.”