PITTSFIELD — Despite testing positive for drugs three times between August and October, former City Councilor Paul Capitanio will remain on probation, under the same conditions to which he was sentenced last year.

Capitanio, 59, was sentenced to two years of probation after pleading guilty in May to charges of being an accessory after the fact in distribution of oxycodone and conspiracy to violate drug laws.

The charges were the result of Capitanio having given information about a police raid to the drug dealer supplying him with illegal painkillers.

The conditions of Capitanio's probation were that he avoid drugs and submit to random screenings and participate in any treatment or counseling recommended by the Probation Department.

According to the Probation Department, Capitanio tested positive for drugs on Aug. 10 and 31 and again on Oct. 9.

Following an agreed-upon recommendation between the Probation Department and Capitanio's attorney, Mark T. Brennan, Judge John Agostini allowed Capitanio to continue to serve his original probation and continue his counseling.

By submitting to the violations on Monday, Capitanio eliminated the need for the matter to go to a full hearing.

Capitanio was arraigned on the probation violation last October.


At his plea hearing in May, prosecutors had sought a two-year suspended sentence, during which time Capitanio would be on probation.

Capitanio's trial lawyer, Timothy Shugrue, asked Judge C. Jeffrey Kinder to continue the case without a finding for two years, which would have dismissed the case, if all probation requirements were completed and further legal trouble was avoided during that time.

In Massachusetts, the maximum penalty for being an accessory after the fact is seven years in prison.

Contact Bob Dunn at 413-496-6249.