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Stakeouts Anger Rowland Witnesses 
FBI, Private Investigators Clash

Hartford Courant
September 12, 2004
By EDMUND H. MAHONY, Courant Staff Writer


Potential witnesses in the federal corruption probe involving former Gov. John G. Rowland are complaining of overly aggressive surveillance by private investigators, at least some of whom work for a construction company facing possible bid-rigging allegations.

The complaints are fueling a dispute between the investigators and federal authorities that already has produced one confrontation: Earlier this month, FBI agents detained two private investigators who had been staking out a former Rowland aide who is cooperating with the federal investigation.

The aide was Lawrence E. Alibozek, Rowland's former deputy chief of staff, who has appeared before the federal grand jury investigating government corruption, and who is expected to be a key prosecution witness at any trial arising from the probe.

Alibozek has repeatedly complained of aggressive surveillance, lawyers familiar with the events have said.

"We're talking about over-the-top stuff," said one of the lawyers, who spoke on the condition that he not be identified. "Tailgating him at high speed. Following him into places. Bothering his family."

Other prospective witnesses say they have been approached by private investigators, sometimes repeatedly, and one complained to federal authorities that someone has twice made off with her garbage, according to lawyers aware of the complaints.

A lawyer for the Tomasso Group of New Britain, a construction and property management firm at the heart of the grand jury probe, acknowledged that he had hired the investigators that the FBI detained this month. But he denied that the investigators were acting improperly, and he accused the FBI of using scare tactics in an effort to bully potential targets of the corruption probe out of mounting vigorous - and legal - criminal defenses.

"They roughed up one of them," said Jack Fornaciari, the Washington, D.C.-based Tomasso lawyer who hired Murzin-Thibeault Investigative Group of Litchfield. "What I understand happened was they pulled one of them out of the car and threw him on the ground. They confiscated whatever they could."

Fornaciari said the agents took a camera and notes before releasing the investigators, who were not charged.

But the U.S. Attorney's office, which has consistently refused to discuss any aspect of the Rowland investigation, issued an unusually heated public response.

"When there are reports of intimidation or harassment of witnesses in any criminal case, federal law enforcement acts expeditiously, and professionally," said Thomas Carson, a spokesman for the U.S. Attorney's office in New Haven. "If anyone involved in this incident or their attorneys are claiming that individuals were mistreated or abused in any way, they are not being truthful."

Lawyers familiar with the federal probe say they believe that authorities might be looking into whether the tactics of private investigators amount to illegal harassment of prospective witnesses.

The fact that the Tomasso Group is using private investigators is no surprise. Private investigators have become important players on defense teams in big-budget, high-stakes criminal and civil trials. Former Bridgeport Mayor Joseph P. Ganim, who was convicted of federal corruption charges in 2003, paid a team of private investigators and forensic accountants to attack government evidence in his trial.

"I've gone through people's garbage in civil cases," said Frank Rudiwicz, a former Hartford detective who now runs Decision Strategies, an international private investigative and security business based in Hartford and Boston. "But in doing this, you have to know where the line is that you can't cross."

Fornaciari said he had instructed the Murzin-Thibeault investigators to dig into the backgrounds of potential government witnesses in an effort to determine "what went on, how good these witnesses are and whether they have problems." He said that everything his investigators have done is proper and legal, and that the U.S. Attorney's office is "trying to roust the investigators so, hopefully, investigators won't want to work on this case."

"There has been no harassment of a witness," Fornaciari said. "And if I don't get the [camera and notes] back soon, I fully intend to make a formal complaint. I just can't believe what goes on up there. And I'm from Massachusetts, and we're not saints."

Principals in Murzin-Thibeault refused to discuss the matter, referring questions to their lawyer. Richard Murzin, director of investigations, is a retired Hartford police detective. Andy Thibeault, managing partner, is a former newspaper reporter, and is now a Litchfield-based writer and legal affairs columnist.

In recent weeks, as corruption indictments appear increasingly imminent, there has been a spate of activity by private defense investigators, in addition to the FBI's stop of Murzin, which the Associated Press first reported.

Another cooperating government witness, Kristine Ragaglia, Rowland's former commissioner of the state Department of Children and Families, has complained of unidentified men stealing her garbage in the middle of the night, according to accounts by lawyers familiar with the events.

One morning, Ragaglia noticed that the garbage she put out for collection the night before, in white plastic bags, appeared to have been shifted to different-colored bags.

A week later, she was awakened about 2 a.m. She noticed a pickup truck coasting down her street with the headlights turned off. As the truck slowed by her drive, Ragaglia reportedly watched a man jump from the passenger seat and fling her garbage into the back of the truck. A short time later, the truck returned and the men replaced her trash with different garbage in different bags.

Ragaglia complained to federal prosecutors, according to lawyers familiar with the events, and FBI agents were assigned to stake out her garbage over a two-week period. When the garbage switchers failed to return, the matter was dropped.

At least three more potential witnesses have reported being approached by private investigators. They include a businessman who lost a state contract to the Tomassos, a former Tomasso employee and a Tomasso business associate who acknowledged receiving an expensive gold coin from Tomasso principal William Tomasso. The coin was similar to gold coins that the FBI said the Tomassos paid Alibozek when he was on Rowland's gubernatorial staff.

Fornaciari would not say how many private investigators he has hired on the Tomassos' behalf, and what precisely they are doing. He said he did not want to tip federal prosecutors to defense strategy. But he said he is not aware of the removal of Ragaglia's garbage.

If Tomasso investigators are accused of harassing federal witnesses, it could have grave consequences if any Tomasso employees or companies are eventually indicted. Several lawyers said that at trial, federal prosecutors could argue that the harassment reflected a consciousness of guilt on the part of any Tomasso defendants.

In the case of the Alibozek surveillance, Fornaciari said he has exchanged brief correspondence with federal prosecutors that might reveal government thinking on why FBI agents stopped the Murzin-Thibeault investigators.

"I sent them a letter complaining about what went on here," Fornaciari said. "And they sent me a letter and they said, `Well, they were following him on public roads, they were going into public restaurants where [Alibozek went with others.']"

"There is no trespass," Fornaciari said. "There is no allegation that any of these investigators ever approached a witness or any member of his family. There's nothing these guys did that was illegal."

Asked whether continual surveillance could be construed as harassment, Fornaciari said: "Well, that's fine. But, you know, if [witnesses] are agoraphobic, they shouldn't be in public."

Courant Staff Writer Dave Altimari contributed to this report.

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