Court papers: Joseph Bevilacqua Jr. source of videotape showing bribe
By Michael Mello, Associated Press, 12/1/2004 15:31
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PROVIDENCE, R.I. (AP) A defense lawyer for a figure in the city's corruption scandal has voluntarily identified himself as the person who gave an undercover videotape to a TV reporter who is facing jail for protecting his source, court papers filed Wednesday said.
Joseph Bevilacqua Jr., the lawyer for former city tax official Joseph Pannone, confirmed to special prosecutor Marc DeSisto on Nov. 24, that he provided the videotape to WJAR-TV reporter, Jim Taricani.
A federal judge found Taricani guilty Nov. 18 of criminal contempt for refusing to say who gave him the tape, which showed a top aide to former Providence Mayor Vincent ''Buddy'' Cianci Jr. taking a bribe.
According to court papers, Bevilacqua voluntarily came forward, appearing at DeSisto's office and testifying under oath that he was the source.
When asked during that meeting why he denied being the source when he was questioned at a deposition on Feb. 6, 2002, Bevilacqua said that Taricani did not want Bevilacqua to come forward and reveal himself.
''Mr. Bevilacqua gave Mr. Taricani his word that he would not identify himself, which is the reason why he did not come forward earlier,'' the papers said.
Taricani confirmed, through his attorney, on Tuesday that Bevilacqua was the source, and said he would provide an affadavit swearing that.
Taricani, 55, was to be sentenced next week. The court papers filed Wednesday by DeSisto were in response to Taricani's court effort to avoid jail. It was unclear whether the confirmation of the source's identity would change Taricani's fate. WJAR scheduled a news conference Wednesday afternoon to discuss the latest development in the case.
DeSisto said that because Taricani ''knew or reasonably should have known'' that Bevilacqua was violating a court order and his ''apparent refusal'' to recognize Bevilacqua's waiver of ''an alleged promise of confidentiality'' should be factors in the sentencing.
''In the final analysis, even after all of his appellate challenges failed, Mr. Taricani willfully refused to comply with a valid order of the court,'' wrote Marc DeSisto.
Taricani broke now law by airing the tape in 2001, but DeSisto was appointed to find out who leaked it because the court had ordered no one to release any tapes connected to the case.
U.S. District Judge Ernest Torres has said the leak was meant to either disrupt the investigation or deprive defendants of a fair trial by influencing prospective jurors. He ordered Taricani to answer questions about the tape last fall, but Taricani refused, saying he has a First Amendment right to keep his sources confidential.
In March, the judge found Taricani in civil contempt and imposed a $1,000-a-day fine until he identified his source. WJAR, owned by NBC Universal, reimbursed Taricani $85,000 for the payments until the judge suspended the fine a month ago, saying it had not achieved its goal.
At last month's trial, Torres rejected a defense request to dismiss the case, and said it is ''a complete distortion of the issue'' to argue a First Amendment privilege.
The judge said the reporter's intent in protecting his source was not a factor in determining his guilt. ''The issue is a very simple one,'' Torres said. ''Did (the reporter) willfully violate this court's order? The evidence is clear ... and undisputed.''
The tape was aired by the NBC affiliate before trials began in the FBI's investigation into municipal corruption in Providence, code named Operation Plunder Dome. Cianci and the aide shown on tape, Frank Corrente, were convicted in summer 2002 and are now serving time in federal prisons.
Pannone also was convicted in the Plunder Dome scandal.
Taricani is one of several journalists nationwide who are locked in First Amendment battles with the government over confidential sources. That includes reporters for Time and The New York Times who have been held in contempt as part of an investigation into the disclosure of an undercover CIA officer's identity.
