Papuga Admits Guilt, Sentenced to Probation, Community Service

WORCESTER — Henry Papuga stood before a Superior Court judge Friday and admitted he had added a chlorine bleach to water samples on Aug. 15, 2009, an action he said he could not remember for some time afterward.

In his sentencing hearing, one day after his conviction on eight charges relating to tampering with water samples in 2009, Papuga apologized for his actions that day.

Papuga, 62, the former head of the Milford Water Company, was sentenced Friday to a year in jail, but that sentence is suspended for five years of probation. He also must not work in the drinking water industry, and has to perform 250 hours of community servce in the next five years. He will pay no restitution.

"I truly apologize for that instantaneous moment, I thought would solve everything," said Papuga, in a statement before sentencing.

"It was not anything that was planned in advance," he said, of his decision to add bleach that he saw in a bottle to the water samples. "That was something I thought would solve the problem."

Throughout the trial, prosecutors had contended that Papuga was motivated by a desire to end the boil water order, which on Aug. 15, 2009 was entering its seventh day. The boil water order could only be lifted if the town had two consecutive days of clean water samples.

Papuga was convicted of adding a form of chlorine to six samples so they would come out "clean," and then of lying about the integrity of those samples on "chain of custody" documents. The chemical, called sodium hypochloride, was not found in the general water supply, but was found in elevated levels in the affected samples, according to testimony.

Superior Judge David Ricciardone, who issued the sentence, said he considered the defendant's age, the fact that he has no prior criminal record and the offenses, which are all misdemeanors. Before ordering the sentence, he told Papuga his apology was "commendable," but that he wished it had come sooner.

He pointed out that by his actions, Papuga could have hurt people, had the boil water order been lifted. As it was, no one was injured, Ricciardone said.

Papuga was indicted on the charges in September 2011. The trial began Monday, when he waived his right to a jury. . 

State prosecutors had sought one year of jail, with six months to serve, and five years of probation. Assistant Attorney General Daniel Licata said Papuga violated the public trust, and should be held accountable. "The defendant had the public's trust in his hands, both figuratively and literally," Licata argued. "This was water that Milford residents drank, bathed in, and used in all aspects of their life."

The boil water order required 27,000 customers of the privately-owned water company to boil water before consuming or using it for cleaning.

"Those who hold positions of significant public trust must be held accountable when (they violate) that trust," Licata said.

Ricciardone rejected jail time for Papuga.

"The jail is not the appropriate punishment here," Ricciardone said.

He said no human being, regardless of standing in life, is immune from a serious lapse of judgment when they think they are in an untenable position. "You committed a serious human error. It was an unwise act."

Papuga declined further comment following the sentencing hearing, and left the court room with his family, including his wife and son.