Former state police boss Kerry Gilpin testifies many troopers left headquarters shifts early

WORCESTER ― Former state police Col. Kerry Gilpin testified in federal court Thursday that many troopers stationed at general headquarters in Framingham left their shifts up to 30 minutes early.

Gilpin, who retired as the head of the agency in 2019, also testified that she might have answered correspondence related to her second job as a real estate agent while on work time prior to being named colonel, though she said she could not be sure.

The testimony was elicited by a lawyer representing Daniel J. Griffin, a former state police lieutenant accused of, among other things, leaving his shift early to work federal overtime and improperly answering correspondence related to his side job on work time.

The allegations are among many federal prosecutors have presented against Griffin and former state police Sgt. William Robertson, who are accused of stealing federal overtime by accepting tens of thousands for traffic enforcement shifts they never worked.

The ongoing trial is taking place in U.S. District Court in Worcester.

Among the allegations are that the small, special traffic unit Griffin commanded double-dipped by starting federal overtime shifts that were slated to begin at 3:30 p.m. at or before 3 p.m.

Called to the stand by prosecutors Thursday, Gilpin testified that troopers were barred from starting an overtime shift on work time, unless they put in for time off to make up for the difference.

During his cross-examination, Griffin’s lawyer, Thomas M. Hoopes, as he has done throughout the case, asked questions intended to probe whether policy at the state police was always followed.

Leaving early at HQ?

Hoopes asked Gilpin whether it would be fair to state that the workday at State Police Headquarters was supposed to end at 3:30 p.m., but that “everybody” left at around 3 p.m.

Gilpin did not directly answer the question in her reply, at which point Hoopes, a piece of paper in his hand, suggested that Gilpin had spoken to federal prosecutors about the subject during a meeting this July in which notes were taken.

Hoopes asked Gilpin whether she recalled telling federal prosecutors that “everyone” scheduled to work until 3:30 p.m. left to drive home between 3 p.m. and 3:30 p.m.

“I would have to know the context,” Gilpin replied, adding, “I’m sure I did say that.”

Hoopes approached Gilpin with the notes, and she confirmed making the statement with respect to police assigned to the 7 a.m. to 3:30 p.m. shift, one of many different shifts that could be worked.

Griffin and Robertson both worked until 3:30 p.m. at general headquarters in Framingham. Prosecutors have alleged they improperly began federal overtime shifts at or before 3 p.m., constituting double-dipping.

Hoopes asked Gilpin on Thursday whether, if “everyone” is leaving at 3 p.m., troopers who had a federal overtime scheduled for 3:30 p.m. "across the street" were expected to “sit at” general headquarters for a half-hour and wait.

Gilpin responded that troopers, if scheduled to work a federal overtime shift at 3:30 p.m., would need to take a half-hour time off if they wanted to start it at 3 p.m.

To not do so, Gilpin opined under questioning from prosecutors, would be “stealing.”

Gilpin also told Hoopes that while “a lot of” troopers left at 3 p.m., many would still technically be within their jurisdiction when leaving headquarters, and would be required to respond to any emergencies that popped up unless someone on another shift agreed to do so.

Commutes not part of shift?

Prosecutors have noted through multiple witnesses at trial that state police are not credited with shift time for commuting to and from work.

Hoopes also questioned Gilpin at length about her side business as a real estate agent, which she told prosecutors she received approval to conduct in 2010, and stopped conducting when named colonel in 2017.

Prosecutors have presented evidence that Griffin answered correspondence for a security consulting firm he owned while working for the state police.

Under questioning from Assistant U.S. District Attorney Dustin Chao, Gilpin testified that officers granted permission to do side work were not supposed to perform such work during their state police shifts.

On cross-examination, Hoopes noted that being a real estate agent requires a person to answer a lot of correspondence from prospective home buyers, and confirmed with Gilpin that she sold homes to at least two state troopers.

Asked whether she had ever interacted with a prospective client while on duty, Gilpin replied, “I don’t recall, but it’s possible.”

Pressed on whether she’d ever sent real estate emails on duty, she replied, “I don’t recall that. Usually those are generated by a computer system.”

Hoopes persisted: “Are you saying that you never sent an email while you were on duty as a trooper to a prospective client who was inside the state police or who was outside the state police?"

'I don't recall that'

“I’m not saying never,” Gilpin replied. “I don’t recall that.”

Gilpin’s testimony capped the eighth day of trial for Griffin, whose alleged conduct extends far beyond improperly sending emails at work or starting an overtime shift a half-hour early.

Prosecutors allege Griffin routinely ended the scheduled four-hour overtime shifts after only about an hour, defrauding the government of hundreds of hours they were paying him and the handful of troopers he oversaw.

A special agent Wednesday testified for hours about uncovering a scheme in which she alleged Griffin, Robertson and three other troopers stole about $135,000 in overtime, conservatively, between 2015 and 2017.

Gilpin testified Thursday that it was commonly known in the state police that troopers conducting the federally funded overtime were only to be paid for hours they worked.

She also testified that she personally audited Griffin’s unit in 2015 when she was a lieutenant, finding that, aside from some minor discrepancies, the unit did an “outstanding” job with payroll.

Gilpin testified that, at the time she performed the audit, she and those she worked with were unaware of cruiser tracking technology that government agents later used to prove Griffin and his team were not working the hours they claimed.

Gilpin said that she and her team often relied on troopers to do what they were taught at the academy: tell the truth.

“We assume everyone is honest and truthful,” she said.

Griffin and Robertson are slated to resume trial Friday.

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This article originally appeared on Telegram & Gazette: Worcester: Ex-state police boss Kerry Gilpin takes stand in OT abuse trial