River Birch's Dominick Fazzio gets hearing due to prosecution's ...

?Given the troubled history of this prosecution, the allegations of a purported secret deal. . . warrants an evidentiary hearing.? -- Judge Berrig

Referring to the "troubled history" of River Birch executive Dominick Fazzio's prosecution, a federal judge has granted Fazzio an evidentiary hearing on his third motion to dismiss the charges against him.

The hearing, granted by U.S. District Judge Ginger Berrigan, will give Fazzio another opportunity to advance his argument that U.S. Attorney Jim Letten's office had a secret deal with alleged co-conspirator Mark Titus. Fazzio and Titus have both pleaded not guilty and have argued that prosecutors promised Titus not to seize his property in exchange for his testimony against Fazzio. Prosecutors have denied any deal not to seize Titus' property.

"Given the troubled history of this prosecution, the allegations of a purported secret deal regarding forfeiture of Mark Titus' assets warrants an evidentiary hearing," Berrigan's order said.

Fazzio's attorney, Arthur "Buddy" Lemann, called the order a positive step for his client. "The fireworks continue," Lemann said.

Berrigan also indicated that the hearing will explore "the unusual circumstances" of Ed Garner, whom the judge called "the alleged victim" of the scheme for which Fazzio and Titus are charged. Garner and Titus are co-owners of Garner Services, a firm that the government said lost about $1 million in an embezzling scheme allegedly involving Fazzio and Titus, who is Fazzio's brother in law.

Source: http://www.nola.com/crime/index.ssf/2012/10/river_birchs_dominick_fazzio_g.html

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