Defendants In Fairfield Fill Pile Case Argue For Separate Trials

BRIDGEPORT, CT — State prosecutors are seeking one big trial for the six defendants in the Fairfield fill pile illegal dumping and corruption case, but a Superior Court judge said Wednesday that she has some concerns.

Judge Tracy Lee Dayton listened to arguments in Bridgeport Superior Court from prosecutors and attorneys for the defendants, but said she would issue a decision before the next hearing, scheduled for Feb. 16.

"I need to think about it," Dayton said. "I want to read some cases before making a decision."

The six defendants — former Fairfield conservation director and interim head of public works Brian Carey; former human resources director Emmet Hibson; former public works superintendent Scott Bartlett; Jason Julian, co-owner of Julian Enterprises; former CFO Robert Mayer; and environmental consultant Robert Grabarek — were all in court Wednesday, as each faces overlapping charges associated with the case.

Not in court Wednesday was former Fairfield public works director Joe Michelangelo, who pleaded guilty to several charges in the case, and has agreed to testify against the other defendants.

At issue for the attorneys of the six defendants, they argued, is that they do not believe they can receive a fair trial if tried all at once, in part, because while they are all accused of being a part of the illegal dumping and corruption case, not all are accused of the same crimes.

"My client has not been charged with any economic crimes," argued attorney John Gulash, who represents Carey, adding that his client did not begin working for Fairfield until May 2015, roughly two years after the case is believed to have begun in 2013.

While arguing separately, attorney Michael Dolan, who represents Hibson, agreed. Hibson was hired by the town in July 2016.

"To try all of these cases at the same time will only confuse the jury," Dolan said.

Senior Assistant State’s Attorneys Tamberlyn Chapman and Melissa Streeto argued that the case involves one over-arching alleged crime, that the defendants were involved in a scheme to illegally dump toxic materials at sites throughout Fairfield.

"It would be unduly inefficient to have to drag in evidence separately for six cases," Streeto said. "It all falls under the same ongoing criminal enterprise or scheme. All of the crimes are inexorably intertwined."

If it goes to trial as one, estimates for the length of the trial range from two months to four months, with the possibility of calling as many as 80 witnesses.

"Some of my concern is over the potential length of a single trial," Dayton said, stressing that she has not yet made a decision.

She also said that the specter of two "uncharged co-conspirators," former First Selectman Mike Tetreau and former Police Chief Christopher Lyddy, could hang over the trial.

"They are not charged, but they are named over and over in case documents," Dayton said.

Chapman did not say whether Tetreau and Lyddy might face charges, but said the investigation is ongoing.

Dayton added that she is also mulling over whether one trial could become too "unwieldy," in part, due to the difficulty of potentially keeping a jury for two months or more.

That said, depending on her decision, Dayton said she could envision jury selection beginning in June, with a trial starting in September.