Pubdate: Tue, 07 Nov 2006
Source: Connecticut Post (Bridgeport, CT)
Copyright: 2006sMediaNews Group, Inc
Contact:  http://www.connpost.com/
Details: http://www.mapinc.org/media/574
Author: Michael P. Mayko

FARDY DRUG CASE MOVED TO NEW HAVEN

BRIDGEPORT -- Widespread knowledge of Mayor John M. Fabrizi's drug 
use and allegations that former Democratic Town Committee member 
Shawn Fardy provided him with cocaine led a federal judge on Monday 
to transfer Fardy's drug-trafficking trial to New Haven.

U.S. District Judge Janet C. Hall's decision came after she halted 
jury selection for Fardy's trial, as up to 90 percent of the 101 
prospective jurors said they knew something about the case.

"I had no idea how widely known this was," Hall said during a hearing 
Monday with Supervisory Assistant U.S. Attorney Alex Hernandez, who 
is prosecuting the case, and Francis O'Reilly, Fardy's lawyer. She 
said "Ninety percent of the people were pretty familiar with articles 
about the mayor."

The case was assigned to U.S. District Judge Mark Kravitz in New Haven.

But that was only one problem related to the case.

O'Reilly told Hall on Friday that he has not received copies of FBI 
reports of their interviews with Fabrizi conducted in 2005. He asked 
that he be given these before the start of the trial.

That would give him time to investigate Fabrizi's claims and prepare 
questions for the mayor's testimony.

But like the trial, this disclosure issue now rests with Kravitz.

The FBI reports on their interviews with suspects, informants and 
cooperating witnesses rarely become public and only then, when 
introduced as evidence in a trial.

But in this case, City Councilman Robert Walsh, a frequent critic of 
the mayor, believes the public has a right to know what their mayor 
talked to the FBI about.

"I can only wonder what the mayor said," Walsh said Monday. "Did it 
have anything to do with criminal activity? Is there anything in 
there about any employee that still works for the city? I'd like to 
hear the truth about his level of drug use when it started and stopped."

Walsh said all this is necessary because "at some point the public 
has to be able to decide if this man can continue to serve them."

Fabrizi is believed to have sat down with the FBI after rumors of his 
now admitted drug use began circulating in April 2005, after the 
arrests of Juan and Victor Marrero, two local businessmen.

J. Robert Gulash, Fabrizi's lawyer, declined to comment Monday.

Juan Marrero, who has since pleaded guilty to cocaine trafficking, 
told the FBI that although he never sold cocaine to Fabrizi, he did 
sell it to Fardy. During one such sale, Marrero told the FBI, Fardy 
said he needed to buy cocaine because "Fabrizi was coming over" and 
"needed a hit."

It was that disclosure last summer that led Fabrizi to admit publicly 
he abused cocaine and alcohol and was obtaining treatment. Federal 
authorities never charged Fabrizi with cocaine possession.

But they did indict Fardy -- twice. Fardy faces charges of 
participating in a cocaine-trafficking conspiracy with Marrero, as 
well as five counts of using a telephone to facilitate cocaine deals. 
The conspiracy charge carries a maximum 20- year sentence and the 
telephone counts each carry a maximum four-year prison term.

Fardy has maintained his innocence. Hall called in 101 Fairfield 
County residents as potential jurors for Fardy's trial that was 
scheduled to start next Tuesday. At one point, the judge had 32 
jurors in the box and all but three told her they were aware of the 
case or Fabrizi's admitted drug abuse. Then, Hall called each 
prospective juror up to the bench individually to ask them about 
their knowledge of the case. She later called off the selection 
process and dismissed the entire panel.

Both of Fardy's parents were present during the jury selection.

"I'd like to thank Judge Hall," said Andrew Fardy, a retired arson 
investigator who, like his wife, Patricia, has served on several 
Bridgeport commissions. "She did a great job in ensuring my son's 
rights were protected."

"Mr. Fardy wants his trial sooner rather than later," O'Reilly said. 
Fardy has been in jail since August when his bond was revoked 
following an unrelated arrest on state charges involving an alleged 
street fight and car theft.

Hall said on Monday that it would be "an enormous effort" to get a 
Fairfield County jury for Fardy's trial, while one from New Haven or 
Hartford could be picked in "three or four hours."
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