Beninati cleared of all charges in Wright

4/10/2013

By Jim Poole

Harry Beninati, the former Wright highway superintendent accused of stealing diesel fuel, cleared his name last week.
A Schoharie County grand jury Wednesday returned a no bill on the charges, dismissing counts of falsifying business records, larceny and official misconduct against him.
"I'm very happy but not surprised," Mr. Beninati said Thursday.
"I knew when they heard my side things would be a lot different."
State Police arrested Mr. Beninati in October on charges of first-degree falsifying business records, a felony; and official misconduct and petty larceny, both misdemeanors.
Troopers said then that Mr. Beninati told town employees to stop filling out fuel logs to conceal the theft.
Mr. Beninati was arrested for putting 200 gallons of fuel in his truck, though officials couldn't account for 8,000 gallons of fuel.
But testimony before the grand jury demonstrated that the Wright Town Board had approved his use of the 200 gallons during the Hurricane Irene emergency in 2011.
". . .The so-called 8,000 gallon descrepancy was readily explained to the grand jury by" the aftermath of Irene, Trey Smith, Mr. Beninati's attorney, said in a prepared statement.
"In the end, there was never any evidence that Mr. Beninati had stolen a drop of fuel, only false innuendo from those with personal and political motives to defame him," Mr. Smith said.
Depositions from past town board members, the town clerk and other highway superintendents supported his case, Mr. Beninati said.
Although Mr. Beninati's name is cleared, it came at a price.
"All of this caused extreme stress to myself and my family," he said.
And, he added, it cut into his business of repairing heavy construction and farm equipment.
"All that trust I had built up over 25 years went away because of these ludicrous charges," Mr. Beninati said.
"I always thought you were innocent until proven guilty. I was guilty until proven innocent."