First Trial In Fairfield Fill Pile Case Set To Begin In April

BRIDGEPORT, CT — A trial involving accusations of illegal dumping of contaminated material from Fairfield's Owen Fish Pond, that was then used illegally in the creation of a berm in town, will be the first trial in connection with the Fairfield fill pile case, a judge ruled on Thursday.

Superior Court Judge Tracy Lee Dayton ruled that Former Fairfield conservation director Brian Carey and former public works superintendent Scott Bartlett will be the first defendants to stand trial in the sprawling corruption and illegal dumping case.

That trial will begin in late April, with jury selection set to begin in the second week of the month. The two face charges of conspiracy, illegal disposal of solid waste, and receiving solid waste without a permit.

Former public works director Joe Michelangelo was set to be the third defendant in the trial, but he pleaded guilty and is expected to testify against the other two.

Dayton ruled that Michelangelo's witness statement will remain sealed until the day he testifies, a request made by prosecutors so that the 23-page statement does not go public too early and potentially jeopardize the ongoing investigation into the fill pile case.

"I'm trying to maintain an impartial trial," Dayton said.

Additionally, Dayton voiced her displeasure with prosecutors who had an environmental report in the case and did not turn it over to defense attorneys in discovery for the past two years.

The report was prepared by the Yale School of Medicine, and it says that some materials that were thought to be toxic to town employees who work with them were not a danger.

"It's not okay that this wasn't turned over for two years," Dayton said.

The judge also told the prosecution that it needs to tighten up locations and dates for some of the charges in the case, in part, because when some allegations occurred are too general and not specific. Defense attorneys had requested more specificity in the charges.

With Michelangelo, Carey and Bartlett, four other people have been charged in connection with the fill pile case:

• Former Fairfield human resources director Emmet Hibson
• Robert J. Grabarek, an environmental contractor hired by the town
• Former Fairfield chief financial officer Robert Mayer
• Jason Julian, co-owner of Julian Enterprises

Mayer, who, like some of the other defendants, was not in court on Thursday, was recently arrested a second time in the case, and through his attorney Lewis Chimes, he pleaded not guilty to the new charges.