Bodybuilder's sentence is bulked up by judge; Six months added because of refusal to testify.

Byline: Richard Nangle

WORCESTER - The former owner of a nutritional supplement store who awaits sentencing on six counts of conspiracy and drug distribution will serve an additional 6 months in prison for refusing to testify against suspended Worcester police Officer Heriberto Arroyo.

Thomas J. Vigliatura, who owned the defunct T. Vig's Sports Supplements Unlimited, 98 West Boylston St., told Judge F. Dennis Saylor IV that he has absolutely no intention of engaging in any type of criminal activity upon his release from prison. He reiterated his contention that he refused to testify out of fear of reprisal to himself and his family.

Nevertheless, Judge Saylor found Mr. Vigliatura guilty of contempt of court and sentenced him to the maximum of 6 months. Mr. Vigliatura will be sentenced on the drug charges Sept. 5.

"In no way was I trying to attempt to impede justice in any way," Mr. Vigliatura told the judge before sentencing. "Most of you don't know what it's like where I live."

For refusing to testify, Mr. Vigliatura could be criminally indicted and sentenced to more prison time. But Assistant U.S. Attorney George W. Vien indicated that if the judge sentenced Mr. Vigliatura to the full 6 months, "it is unlikely we will go to a grand jury."

Patrolman Arroyo was convicted on June 7 in federal court on charges of conspiracy to possess GHB and GBL and conspiracy to possess cocaine and Ecstasy. The convictions each carry a maximum penalty of 1 year in prison.

The jury found him not guilty of conspiracy to possess GHB and GBL with intent to distribute, which carries a maximum 20-year sentence. Sentencing for Patrolman Arroyo is Aug. 20.

Mr. Vigliatura's lawyer, Stylianus Sinnis, has said his client's experience at Wyatt detention facility in Central Falls, R.I., where he is awaiting sentencing, has led him to believe people who cooperate with the government would be in jeopardy while incarcerated.

Mr. Vien has countered that Mr. Vigliatura could be segregated at Wyatt or placed at another facility. Mr. Vien has said Mr. Vigliatura's real concern is his "reputation as a stand-up guy."

Mr. Sinnis yesterday acknowledged as much, saying Mr. Vigliatura did not want to be known as "a cooperator, snitch, rat, informant."

Mr. Vigliatura, 38, a former bodybuilding champion, has been in custody since his August 2005 arrest. He was charged along with Patrolman Arroyo, Patrolman Brian W. Benedict and a bodybuilder from Maine. Patrolman Benedict, who has since resigned from the Police Department, pleaded guilty to the same two conspiracy counts as Mr. Vigliatura.

Formerly sold in health food stores, GHB releases hormones that stimulate muscle growth. The Food and Drug Administration banned it in 1990. It is a central nervous system depressant which, when abused, can produce euphoria, intoxication and hallucinations.

It is sold illegally for $5 to $25 per capful and can be added to water or alcohol, in which case it is known as liquid Ecstasy and as a date rape drug.

GBL is found in industrial cleaners and can be a precursor chemical in the manufacture of GHB. It also can be ingested and converted in the body into GHB.

Authorities have evidence of 3 gallons of the substances, but the federal Drug Enforcement Agency has estimated that the conspirators distributed about 120 gallons of the illegal substance during its investigation.

The larger volume could affect Mr. Vigliatura's sentence. Mr. Sinnis has requested an evidentiary hearing the day of sentencing to contest the DEA figure.

Contact Richard Nangle by e-mail at [e-mail].