PROVIDENCE, R.I. (AP) – The once-secret source of an undercover FBI videotape aired by television reporter Jim Taricani will be asked by a special prosecutor to testify at the journalist’s sentencing hearing for criminal contempt.
Prosecutor Marc DeSisto, in court papers filed Friday, said he wants Joseph Bevilacqua Jr. to testify to determine if his admission that he leaked the tape and other testimony he gave under oath should be factors in Taricani’s sentencing.
Taricani was found guilty of criminal contempt last month after he refused to identify the source of the tape, which showed a city official taking a cash bribe. He’s scheduled to sentenced on Dec. 9.
U.S. District Judge Ernest Torres granted DeSisto’s request to subpoena Bevilacqua, if necessary.
Bevilacqua’s attorney, Thomas Tarro, told The Associated Press he had not seen Torres’ order, but expects that his client will attend the hearing, if requested by DeSisto.
Whether Bevilacqua answers questions may be another matter, his lawyer said.
Tarro expects his client to face some charge or disciplinary action for releasing the tape to Taricani in violation of a court order.
Tarro said he’d like to know what, if any, action DeSisto intends to take against his client before he’s asked to testify at Taricani’s sentencing.
Bevilacqua’s identity was revealed this week in court papers filed by DeSisto. Bevilacqua came forward on Nov. 24, after learning he might be subpoenaed. The Providence attorney said under oath he never asked the reporter to keep his name secret.
Taricani, who works for WJAR-TV, denies this.
For more than three years, DeSisto has tried to determine the source of the illegally leaked tape, which was aired in 2001 before trials began in the so-called Operation Plunder Dome case.
Bevilacqua is the lawyer for former city tax official Joseph Pannone, who was convicted in the Providence corruption scandal.
Taricani faces up to six months in prison. He has asked the court for less than 30 days of home confinement because of health concerns. The WJAR reporter is the recipient of a heart transplant.
Bevilacqua in February 2002 denied being the source.
He came forward, Tarro said, to keep Taricani out of prison.
“When (Taricani) was found in criminal contempt the likelihood (of prison time) was far greater,” Tarro said.
But David Yas, an attorney and editor of Rhode Island Lawyers Weekly, said Bevilacqua coming forward is unlikely to help the reporter.
“The fact remains Taricani broke the judge’s order,” Yas said. “He was going to be sentenced based on the crime, not whether (the source) came forward.”
DeSisto in court papers said he contacted Bevilacqua after learning on the day of Taricani’s trial of a chance encounter the reporter had that morning with an FBI agent at a coffee shop. He said the agent told Taricani he planned to sign a waiver of confidentiality.
Taricani then told the agent the source of the tape had already signed a waiver of confidentiality, DeSisto said.
The special prosecutor said the only waiver shown to Taricani during his deposition was Bevilacqua’s.
DeSisto said he again offered Taricani the chance to name the source before the start of the trial, but he refused.
The undercover tape showed a top aide to former Mayor Vincent “Buddy” Cianci Jr. taking a bribe. Cianci and the aide shown on tape, Frank Corrente, were convicted in 2002 and are now serving time in federal prisons. Pannone also was convicted.
AP-ES-12-03-04 1836EST
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