Court ruling could tangle release of public records in state

The release of public records in Connecticut, including property grand lists and voter registration information, could come to a virtual standstill if municipal officials comply with a recent state Supreme Court ruling.

Local and state officials throughout the state are trying to understand all the implications of the decision, which stems from a Freedom of Information request filed three years ago by Peter Sachs, a Branford lawyer and private investigator.

The court’s decision, handed down June 28, requires municipalities to redact the addresses of police officers, corrections officers, firefighters and other members of the “protected classes” from motor vehicle grand lists before providing the information to the public.

The concern among many officials in the state, however, is that the same logic the court used for motor vehicle lists could be used for everything from dog license lists to trade name registrations and even voter registration information.

“We have to follow what the court tells us,” said Colleen Murphy, executive director of the state’s Freedom of Information Commission. “Even if it wasn’t a motor vehicle list, we would have to apply the same logic to other records.” Just about any public list that includes addresses would have to be combed through to remove the address of those members of the protected classes, which were created under a state law to protect certain workers, including judicial system employees and those working with the state Department of Children and Families.

The problem, according to local officials, is that it is difficult, if not impossible, for town clerks, registrars and tax assessors to know the occupation of every resident in their community.

“The practical effect of this decision is chaos for municipalities,” said Dan Casagrande, a Danbury-based lawyer who serves as president of the Connecticut Association of Municipal Attorneys. “There is no physical way municipalities can obtain information about the individuals who belong to these protected classes so they can redact them from the lists.” While the goal of the state law, Casagrande said, is laudable, in today’s world, anyone with a computer can perform a simple Internet search to find someone’s address.

“I can probably redact the names of local firefighters and police officers, but what about the guy who lives in Danbury but works as a firefighter in Stamford?” said Danbury Town Clerk Lori Kaback. “How am I supposed to know who in the community works as a corrections officer or for the judicial system? And what do we do if they retire from their job? There are a lot of unanswered questions.” Les Pinter, Danbury’s assistant corporation counsel, has advised Kaback and other local officials to temporarily withhold public information until more clarity can be developed on the issue.

Sachs said Thursday that he sent new Freedom of Information requests to 10 municipalities in the state, including Danbury, Stamford, Bridgeport and Greenwich, seeking a “laundry list” of information meant to test the court’s decision.

“My point is to show that this is a state statute that, as it stands right now, can’t be complied with,” Sachs said.

More than 40 people, from groups as varied at the Connecticut Bankers Association and the Connecticut Association of Town Clerks, met Wednesday to discuss the issue.

“People came away from the meeting with a sense of just how big this problem is,” said Joyce Mascena, president of the town clerks association, which called the meeting.

“If we have to remove the addresses from land records, then how would title searchers be able to do their jobs?

“It’s a difficult subject and a lot is being talked about,” she said. “We are hoping to come up with some common-sense solutions that are administratively and economically feasible.” That, according to several officials who attended the meeting, could mean an act by the General Assembly, either repealing the protected-classes law or tweaking the statute in some way to make it more manageable.

James H. Smith, president of the Connecticut Council on Freedom of Information, a nonprofit organization founded in 1955, said the law should be repealed.

“The original law was well-meaning, (intended) to protect certain people who might be in danger, but it was a misguided law,” Smith said. “It really goes to the very nature of a free and open society. We should not be creating protected classes.”

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Nick Davies Comes to America

As the reporter who’s been at the forefront in the investigation into phone hacking by News of the World, the Guardian’s Nick Davies has been a real thorn in Rupert Murdoch’s side. And now things might just get worse for the media mogul. Davies has come to the U.S. looking for evidence of similar malfeasance here. Adweek spoke with Davies last week about what he’s doing on this side of the Atlantic and his feelings on the ongoing scandal.

So why are you here in the States now?
Because it’s possible that there’s an American end to the phone hacking saga, and so I’ve just come to start work on that, to see if there are any leads.

What do you expect to find?
Well, I kind of—is that the wrong way to approach it? I don’t think you can set out with an expectation, because it limits you. So there’s questions to ask, aren’t there? Is it possible that when U.K.-based Murdoch journalists have come to this country on stories they’ve engaged in the kind of illegal activity for which they were responsible in the U.K.? Second, is it possible that Murdoch journalists who are permanently based in the U.S. have been engaging in that kind of stuff? Is it possible that on the commercial side Murdoch’s businesses have been using investigators to do illegal things? And broader than that, there’s a level of the story in the U.K. which is simply about manipulation and bullying of democratically elected politicians. So any of those four areas are worth asking questions about… I’ve been in town three days, so I wouldn’t begin to claim to have answers.

I assume you saw the report in Metro [a U.K. newspaper] about David Leigh, the Guardian editor who wrote an article admitting that he’d used voicemail hacking?
Oh, yeah. Pathetic… You saw Metro, which is a notoriously understaffed and badly resourced news organization (laughs) getting hold of a cutting from a story that the Guardian published some years ago and recycling that cutting and calling it an exclusive. I mean, that’s pathetic. That’s just so sad. Metro should hang their heads in shame for calling an old story out of another newspaper an exclusive.

But beyond that, the issue is that Fleet Street as a whole, not just the Murdoch newspapers, has been hugely involved in illegal activity. To the extent that we’ve uncovered it, you can see a very clear pattern, where it’s the mass-circulation tabloids who are most heavily involved—I would say they are promiscuously involved—in illegal activity, and then as you move up the quality scale, you find the quality Sunday newspapers have tended to be involved. So the Observer, which is the Guardian’s Sunday sister paper, had a track record under a former editor of commissioning private investigators to get access to confidential databases. The Murdoch-owned Sunday Times has an appalling history of involvement in illegal activity. And it’s because they’re Sunday papers, they’re trying to get scoops that the dailies haven’t got. At the far end of the spectrum, the quality dailies have the smallest involvement. And the Guardian is right at that other end.

And it seems to me that when Metro ran that—and the good thing about the Guardian is, it’s published this—Metro didn’t go and ask anybody any questions, or do any work, to get the story. The Guardian published a story saying, ”Look, there is an example, a single example, in the past where a Guardian journalist hacked a telephone.” So I would say, first of all, good for the Guardian for being open and transparent. Bad for Metro for digging that out and pretending they’d done any work on the story. And particularly bad for the Metro because look at the malice, look at the laziness, look at the complete refusal to go out and take on a big, powerful enemy. And look at their spiteful attempt to try and trip up the newspaper that’s been doing all the hard work. So I’ve got nothing but contempt for Metro.

If so much of Fleet Street was doing this, why is all the focus on News International?
It’s actually a fluke. News International made the mistake of getting caught doing something illegal against the one group of targets who the police would not ignore, and that was the royal family. They ran a stupid story about how Prince William had injured his knee. And the reality was that Prince William hadn’t injured his knee, but for a few hours he thought he had, and he left a message on somebody’s phone, saying, “I think I’ve injured my knee.” And so when he read the story, and his people read the story, there is only one way the News of the World could have got that. So that meant, because it’s the royal family, the police couldn’t ignore it, so they investigate, and then they arrest the private investigator and seize all of his material. Now, it so happens that he works full time and exclusively for the News of the World, and so that means all of the evidence which the police have got relates to the News of the World. And then the other thing is that as a background fact, if you take my basic thing that I was talking about, the sort of spectrum of activity, it’s mostly the tabloids, and it’s particularly the Sundays, so the News of the World is a Sunday tabloid and therefore it has been more involved than almost any other paper. I would think it probably has done more than any other. But it was a fluke that it was their investigator who ended up getting investigated.

When you broke the story that News of the World had hacked the voicemail of Milly Dowler [a 12-year-old girl who was kidnapped and murdered], did you think it would be what it became?
I work from home, so I filed it up to the Guardian and I sent an email to the editor, saying, “I think this is the most powerful hacking story so far.” So I understood that it clearly had an emotional impact, but I did not even begin to foresee this chain reaction of outcomes. I would never have begun to foresee that within three days News International would announce the closure of the News of the World—which incidentally I think was an entirely unnecessary, brutal, and unforgivable decision by them—I wouldn’t have foreseen that it would have led to the complete cancellation of Murdoch’s attempt to take over BSkyB, or to the scale of resignations that also followed. There were some people who were clearly going to have to resign before the Milly Dowler story, but it went beyond that—Les Hinton, for example, in New York. There was no pressure on him to resign, but somehow there was this kind of contagion of panic.

Is there, when you see those things—the closure of the News of the World, Rebekah Brooks resigning, Les Hinton resigning—is there a sense of accomplishment for you in that?
No. I mean, I don’t feel any kind of triumphalism. All I do feel is that when we first started publishing stories about this in July 2009, Rebekah Brooks orchestrated a sustained attack on the Guardian and me, she accused us of lying to the British people, and used Murdoch’s news outlets to convey that message to millions of people, and certainly I’m glad that we’ve restored our credibility and shown that what we were saying was true. But I think there’s a difference between being a reporter and a police officer. My job is to put the facts out there; resignations and arrests and trials are somebody else’s business, and just within that, one of the policies we worked out before we published any stories was that we’ve always withheld the names of ordinary reporters who’ve been involved in illegal activity, because I’m not a police officer, and I did not want to blame foot soldiers for what the generals did.

Have you ever thought about or been tempted to do any hacking of your own?
I come from a different sort of background. A quality daily newspaper like the Guardian, whatever the idiots at Metro may think, genuinely just doesn’t do this stuff. You could criticize the Guardian on a completely different ground, which is that it has a very soft culture. You don’t get shouted at at the Guardian, nobody bullies you at the paper, nobody tells you what to write. Now I love working in that atmosphere; I am free to research and write what I want. It’s the tabloids, with their intense commercial need to get scoops to bring in readers, that run a regime of fear, where reporters are bullied, shouted at. That’s where things go wrong.

What actually happened with me is that I set out to write this book, Flat Earth News, which is about falsehood and distortion in media coverage generally. So I was then going to meet journalists from other newspapers to get the story behind stories; “How come your newspaper published this story which was obviously false?” And the reporters were being extremely helpful, and along the way, they started talking to me about this stuff, and I think I knew, as a sort of one line statement, some newspapers did some interestingly unethical things, but I had no idea of the detail, no idea of the scale, because I worked for a newspaper where it just doesn’t happen. So I was genuinely amazed, so I put a chapter into that book about it.

Then when the book came out in January ’08, I was on BBC Radio talking about it, and they had a guy called Stuart Kuttner, then the managing editor of the News of the World—he was actually arrested just last week—and I said something in the interview about the dark arts, as they’re known in Fleet Street, and Kuttner came across the table, “Nick Davies lives on another planet. What’s he talking about? It was just one journalist at News of the World, who did it once, and he was fired and went to prison.” Well, that was an outrageous lie, and what it did was it provoked somebody to contact me and say, “I heard Kuttner saying that on the radio, and it’s completely untrue.” They started to fill me in on the phone hacking story at News of the World. So it was sort of a sequence of revelations, of stuff that I just didn’t know was going on.

What do you think of the attention that [CNN host] Piers Morgan is getting, and the controversy about him?
I think the journalists who worked at the Daily Mirror under Piers would say that there was a lot of illegal activity going on, and so the question is whether or not there’s evidence that Piers knew about it. And I think he’s certainly under pressure, because the issue has got such a profile, some of the journalists who were doing illegal things when he was editor are beginning to talk. But we mustn’t prejudge it; you have to build this thing out of evidence. If some celebrity comes forward and says, “Well, I’m sure I was hacked,” that isn’t evidence. You have to prove it to us. Similarly, there was a little bit going on in Britain last week where Daily Mirror journalists were talking off-the-record to television programs, and television programs were saying, “We’ve got a source who says…” Well, all right, but it’s a bit weak. I don’t think anybody should be sacked or imprisoned without decent evidence. So there’s every reason to ask questions of Piers, but we need to see evidence.

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Anthony Pellicano Invented Phone Hacking

In his first sit-down interview since being sent to prison in 2008, notorious (and notoriously bombastic) Hollywood private investigator Anthony Pellicano told Newsweek that the scene over at News of the World was amateur hour compared to his operation, which was shut down in 2002 amid allegations of bribery of law-enforcement officers, identity theft, and high-tech eavesdropping. “I was way ahead of my time,” he says of his own wiretapping escapades, which he conducted with a program of his own design called Telesleuth. (He employed telephone-company employees to install taps in telephone boxes and switchboards, which were then connected to his office computers and remote laptops.) As for News Corp.’s scandal-plagued, default-voice-mail-password-using journalists? “If News of the World called,” he says hypothetically, ‘I would ask the editor, Why would you want me to do that? Are you stupid?! The guy at News of the World was just getting leads for stories.'”

Whereas Pellicano was just, you know, spying. But for famous people! (He claims Michael Jackson, Farrah Fawcett, Kevin Costner, Courtney Love, Chris Rock, and agent Michael Ovitz were clients.) While he usually keeps a pretty tight lid on what he saw and heard, in the interest of keeping things relevant to recent headlines, he did have this to share:

Describing the scene when the FBI raided his office, he says, “They come to my business … I have personal stuff on Arnold [Schwarzenegger] … If they found that stuff, he never would have been governor.” But he declines to elaborate, and later refuses to say whether he knew anything about Schwarzenegger having a love child with his maid. “I can’t say one way or another if I knew it,” he says. As for Schwarzenegger’s soon-to-be ex-wife, Maria Shriver, “Would I have told her? Probably not.

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Hollywood Hacker Breaks His Silence

Long before the Murdoch empire’s phone-hacking scandal, Anthony Pellicano was the private eye that stars feared (and used) most. In his first interview since going to prison, he reveals new details on spying for Schwarzenegger, clearing Cruise’s name—and why he dumped Michael Jackson. Inmate No. 21568-112 settles into a blue plastic chair inside the gymnasium-size visitor center at Big Spring Federal Correctional Institution, clad in a beige jumpsuit that matches the color of the dead grass surrounding the prison. Beyond the barbed wire lies the town of Big Spring, Texas (population: 25,000), a dusty, godforsaken former Air Force town pockmarked with shuttered businesses, fast-food joints, and four other detention and correctional facilities. The town’s biggest claim to fame was its supporting role in the 1969 best picture, Midnight Cowboy: this is the place Jon Voight’s character calls home, until he heads off to Manhattan to become a hustler.And now it’s home to the hustler named Anthony Pellicano, self-styled Detective to the Stars, whose Soprano persona and win-at-any-cost tactics made him the No. 1 guy that Hollywood actors, suits, and their attorneys turned to whenever they had a problem. A big problem. The kind of problem where big bucks and bigger egos were at stake. With a Louisville Slugger in the trunk of his car and a computerized phone-hacking system in his Sunset Boulevard office, Pellicano dug up dirt on his clients’ enemies and helped make those problems go away—whether it was the embittered spouse of a mogul, an inconvenient gay lover, or a nosy journalist. That is, until he allegedly hired someone to intimidate the wrong nosy journalist—Anita Busch of the Los Angeles Times—and the FBI got involved, blowing the lid off the biggest wiretapping operation this side of Watergate.

On this 106-degree summer day, Pellicano has agreed to his first sit-down interview since going to prison in 2008. His case has long since disappeared from the front pages, replaced lately by the News of the World quagmire that has tarred Rupert Murdoch, David Cameron, and Scotland Yard. The way Pellicano sees it, the British phone-hacking scandal is kid stuff. “I was way ahead of my time,” he says. What’s the big deal about some tabloid hijacking Hugh Grant’s voicemails? “If Murdoch’s name wasn’t involved, would there be a story? If someone wiretapped Britney Spears, no one would care. The story is, did Murdoch know people were doing this? Did he condone it? I strongly believe he had no idea.”

Pellicano claims never to have lent his services to any of Murdoch’s newspapers, and says he met the mogul only once, “but it had to do with Judith Regan,” his former longtime friend, who was fired from News Corp.’s HarperCollins in 2006. (Regan says she never introduced the two men.) “If News of the World called,” he says hypothetically, “I would ask the editor, ‘Why would you want me to do that? Are you stupid?!’ The guy at News of the World was just getting leads for stories.” Pellicano boasts that “I was the top of the ladder. Just to talk to me it cost $25,000. These guys were stringers who worked with reporters to try to get information on a celebrity!”Now 67, Pellicano looks trimmer than the paunchy figure in the double-breasted suits and patent-leather shoes he wore during his trial. His blustery temper seems to have subsided: gone are the days when he would toss a plate of spinach across the dining room at Le Dome because the garlic was chopped instead of sliced. He affects an air of Zen-like calm: you can envision him spreading out on a yoga mat and stretching into the downward-dog pose. He spends his days writing haiku, playing chess, and doing crosswords.In the end, Pellicano didn’t rat out anyone, and the collective sigh coming out of Hollywood was stronger than any Santa Ana windstorm. And he’s still sticking by his code. Sort of.

Throughout the course of the two-and-a-half-hour interview, Pellicano lets slip one tantalizing tidbit after another. Describing the scene when the FBI raided his office, he says, “They come to my business…I have personal stuff on Arnold…If they found that stuff, he never would have been governor.” But he declines to elaborate, and later refuses to say whether he knew anything about Schwarzenegger having a love child with his maid. “I can’t say one way or another if I knew it,” he says. As for Schwarzenegger’s soon-to-be ex-wife, Maria Shriver, “Would I have told her? Probably not.” Schwarzenegger’s attorney was unavailable for comment.

Pellicano says he once quashed a story headed for the National Enquirer about a male superstar who liked to play with a female sex toy. But he refuses to name names. He boasts about how he discredited an erotic wrestler who claimed he’d had an affair with Tom Cruise. “There was no truth to it,” Pellicano says. “He wanted to extort money.” (Cruise sued the man for slander and reportedly won a multimillion-dollar default judgment.) Later in the interview, Pellicano reveals that when he agreed to work for Jackson during the star’s 1993 child-molestation case, he warned Jackson that he’d better not be guilty. “I said, ‘You don’t have to worry about cops or lawyers. If I find out anything, I will f–k you over.’ ” The detective took the assignment, but says, “I quit because I found out some truths…He did something far worse to young boys than molest them.” But he refuses to say anything more about it. It’s as if Pellicano wants to send Hollywood a reminder: I know which closets hold the skeletons.

Before the convict was cooling his heels with more than 1,700 other inmates here in Big Spring, his milieu was the liposuctioned underbelly of Hollywood Babylon. “If you saw the stuff I found in celebrity homes: cocaine, heroin, Ecstasy, vials of narcotics. There was a doctor shooting up celebrities with morphine for $350.” His job was to keep the lid on such indiscretions. He liked to boast that he lived by omerta, the Mafia code of silence. “When you are my client, you become my family,” he says, and his clan included Michael Jackson, Arnold Schwarzenegger, Farrah Fawcett, Kevin Costner, Courtney Love, Chris Rock, and über-agent Michael Ovitz, just to name a few. “That was the attitude I kept. I wasn’t really a P.I. I was a problem solver. People came to me because they had a problem. The government wanted me to turn on them
Pellicano grew up in Al Capone’s old haunt, Cicero, Ill., and worked as a bill collector before becoming a private investigator in Chicago. He made a splash in the early ’80s when he was a defense expert for John DeLorean, the car creator charged with smuggling large quantities of cocaine into the U.S. He moved to Los Angeles and became a braggart of the highest order, variously describing himself as an ace gumshoe, a martial-arts master, an expert in voice recognition, a screenwriter, and an actor. Pellicano gained access to Hollywood’s A-list after meeting celebrity power-attorney Bert Fields, who started using his services. Eventually, the detective was spying on Sylvester Stallone, comedian Garry Shandling, and Nicole Kidman. When he wasn’t digging through their dirty laundry, he was power-lunching with the stars, tooling around in his black Mercedes and dark sunglasses, and rubbing elbows with moguls like Ovitz, Universal Studios president Ron Meyer, and manager Brad Grey, now head of Paramount (Grey even attempted to make an HBO pilot with Pellicano, about a Hollywood detective).

It all came to a screeching halt in 2002, when federal agents started looking for evidence of his involvement in a plot to threaten the L.A. Times’s Busch—who had previously written about the downfall of Ovitz, and was now pursuing a story about alleged mob ties to movie star Steven Seagal. Busch discovered the windshield of her car smashed, and a dead fish left behind with a note reading “Stop.” (The man who vandalized Busch’s car, a Pellicano flunky named Alexander Proctor, told the FBI that he’d been hired by the detective. But Pellicano still maintains he had nothing to do with harassing Busch, who is suing him and Ovitz.) When agents raided Pellicano’s office, they discovered plastic explosives and a pair of hand grenades, and the private eye wound up pleading guilty to possession of illegal explosives in 2004. Pellicano tells NEWSWEEK that the small arsenal was owned by a celebrity who “got it off some motorcycle gang”; he claims he forcefully took the weapons away from the star and was planning to toss them off a friend’s boat when his office was raided.

But the most explosive find in Pellicano’s office was a trove of thousands of transcripts and encrypted tapes of phone conversations he’d illegally tapped. Pellicano had designed a wiretapping program to intercept calls that he dubbed Telesleuth. Aided by several phone-company workers he employed, he installed taps in telephone junction boxes and at the main switchboard that were then connected via phone lines to the computers in Pellicano’s office and remote laptops.

Ultimately, the feds’ investigation mushroomed into allegations of bribery of law-enforcement officers, identity theft, and high-tech eavesdropping. And as the case began to take on a life of its own, Hollywood heavyweights were dragged into the mess, including Pellicano clients Ovitz and Fields. In May 2008, Pellicano was found guilty on 76 charges, including wire fraud, racketeering, and wiretapping. Three months later he was convicted alongside prominent lawyer Terry N. Christensen for wiretapping the ex-wife of billionaire Kirk Kerkorian during a bitter child-custody battle. In all, close to a dozen people were charged in the FBI probe. Pellicano received the harshest sentence: 15 years.

Pellicano says he landed the hefty prison term because of his refusal to name names. “Up until the day of trial, [federal prosecutors] tried to get me to talk,” he says. Dan Saunders, who prosecuted Pellicano and is now a partner at Bingham McCutchen in Los Angeles, sees it differently. “Pellicano’s sentence was based not on any refusal to cooperate, but on what the law and the trial judge deemed just punishment for his many years of egregious criminal conduct.”

The disgraced detective still insists that none of his clients knew anything about his wiretapping, in particular the high-powered lawyers, like Fields, who employed him. “I didn’t tell no one about the wiretapping,” he says. “I didn’t trust lawyers: they had an obligation to tell on me.” Still, he adds knowingly, “You can turn a blind eye, but 99 percent of the lawyers out there don’t care how the problem was solved.”

Pellicano is currently appealing his conviction, and if he’s successful, he could be out by 2013, six years before his eligible parole date. He’s pinning his hopes on an 86-page appeals brief that accuses the government of misconduct, misrepresentation, and constitutional violation. Among other things, the brief charges that the agents’ search of his office was illegal. The U.S. Attorney’s Office has until late September to respond to the brief.

In the meantime, Pellicano has 30 civil lawsuits hanging over his head, including the one from Busch. Will Pellicano rat out anyone in the civil cases? Don’t count on it, says his attorney and friend Steven Gruel. “Everyone expected this to be the case that rocked Hollywood, and it didn’t happen, and it didn’t bring in the great names they hypothesized would happen,” the attorney says. “He wouldn’t buckle, and that is why he is in Big Spring, Texas, today.”

Pellicano gets precious few visitors here in west Texas, and the letters he used to receive in droves have long since stopped arriving. Many of his old friends disappeared a while ago: Judith Regan, who “was like a sister to me,” Pellicano says, “was a good example of someone who I gave a lot of affection to, and when I got arrested she turned her back on me.” Regan says she last saw Pellicano at lunch in 2001 or 2002. “I didn’t turn my back on him,” she says. “He kind of disappeared, and I didn’t know how to get in touch with him. It is not like he left a forwarding address.” Pellicano still keeps in touch with a few pals, like actor Tony Danza, who tells NEWSWEEK that the two write each other regularly. “I’m actually reading the latest from him now. I often send some clippings or stories that I know will interest him,” Danza says. The actor visited Pellicano when he was incarcerated in Los Angeles, but hasn’t yet gone to Big Spring, where Pellicano was transferred in May. “I was about to make the trip to Safford, Ariz., where he was before Big Spring,” Danza says, then adds: “Anthony Pellicano in Big Spring, Texas. Incongruous.”

Pellicano, who has eight children from four marriages, says, “Everything I have is gone, including my family.” His wife, Kat, who lives with three of their four children in Thousand Oaks, Calif., declined to speak to NEWSWEEK for this story. Pellicano says his son Ronnie, from his first marriage, wants to visit him, and he would like to see his grandchildren one day. He’s given up hope that he will ever see his 88-year-old mother again. She is too frail to make the flight to Texas. “Those are the hard things to deal with,” Pellicano says. “Life is pain and suffering, and some happiness.”

He claims he doesn’t harbor any ill will about his situation. “I had a really long run. I am not bitter. I don’t have any hard feelings against the government. Every U.S. citizen is subjected to the laws of this country. This guy in Norway [faces] a maximum sentence of 21 years,” he says, referring to the recent massacre there. “I got 15 years for giving away DMV information.” The inmate does have a few complaints about his current living situation. He grouses that the air conditioning knocks out on occasion, and that half the toilets and showers don’t work. He’s developed an eye problem, and says it takes forever to get medical attention. And with so many roommates in his prison dorm, Pellicano says he isn’t able to write the autobiography he claims he’s received numerous offers to pen. “Imagine trying to write a story with 100 guys around you,” he says. “There is nowhere to go for quiet.”

Still, given the alternative of being a stool pigeon, Pellicano says he wouldn’t have it any other way. “It was either I talked or go to jail and accept it like a man,” he says. “I could have gone to the Clintons [Pellicano was reportedly hired to investigate Monica Lewinsky, and Gennifer Flowers before her] and senators and asked them for a favor. I am not going to ask them for a favor. You take your lumps and go on with your life the best way you can.”

He pulls up his sleeve to reveal a tattoo on his shoulder. It reads “Honor.” He got it done the night before he went to prison. “You take everything from me, and I still have honor and integrity. I look in the mirror and see a person I like.” The image may be cracked, but its subject hasn’t. Yet.

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Court rules private GPS tracking legal

WASHINGTON – When a woman in New Jersey thought her husband was having an affair, she hired a private investigator who caught him after placing a GPS tracking device in his car.

Now, a New Jersey court has ruled the act was not an invasion of privacy, a decision that in some ways makes legal tracking someone via GPS.

The GPS device was secretly placed inside the glove box of the husband’s SUV after the private investigator’s attempts to follow the man failed.

Two weeks after the tracking began, the investigator discovered the husband pulling out of a driveway with another woman.

After the findings of the investigation were revealed, the husband sued claiming the tracking was an invasion of his privacy.

But a New Jersey appeals court ruled the use of the device was legal because during the time he was under surveillance, the husband drove only in public places where there is no expectation of privacy.

The U.S. Supreme Court will soon decide whether police need a warrant before using a tracking device to follow a suspect. The high court will rule on the case during its next term, which begins in October.

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What is a peer-to-peer network

Q: A former private detective from Monona was charged Tuesday with 13 counts of possessing child pornography after using an Internet peer-to-peer network to download the pornography. State agents say they routinely monitor peer-to-peer networks looking for downloads of child pornography. What exactly is a peer-to-peer network?

A: It’s a network of computer users who agree to download the same software so that they can communicate efficiently and directly with a community of people with similar interests, said Dave Matthews, deputy administrator of the state Division of Criminal Investigation.

When users or participants want to share files, they put them in a folder visible and accessible to others in the network, Matthews said.

One early example was Napster, which is now an online music store but started as a free peer-to-peer music sharing service. (It ran into copyright issues.)

The concept has many legitimate business and personal uses but also is used by people to share child pornography, Matthews said. It would be unusual for a computer user to stumble across child pornography files unwittingly, he said.

“You might think that people would hide these files by naming them something else, but the whole peer-to-peer environment is created and served for one purpose – to share files of a common interest,” Matthews said. “We’ve observed that the vast majority of child pornography files shared in the peer-to-peer networks have been named in an extremely explicit fashion to leave no question about what is being shared.”

Matthews said it’s important to note that participating in a network doesn’t give other people in the network access to other parts of your computer, just the folder designed for sharing.

“Also, downloading the software on your computer doesn’t give people the ability to reach out and put stuff on your computer,” he said. “You get files on your computer only when you download them.”

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Pellicano Target: ‘I Was Scared Every Day’

Anita Busch would like her life back. Nothing has been the same for her since June 20, 2002, when she found her car vandalized—someone had damaged the windshield, leaving a dead fish with a rose in its mouth and a note with one word on it: “Stop.” Over the following months, someone tried to run her down, her computer’s hard drive was wiped out, and a repairman found equipment on her phone that turned out to be a tap.

The person ultimately found guilty of threatening her: notorious private investigator Anthony Pellicano, now serving a 15-year sentence for this and other crimes, including wire fraud and racketeering.

Busch was an entertainment reporter at the time, working on an investigative series for the Los Angeles Times about celebrities and their potential connections to organized crime. She had also written in the past for The New York Times on the fall of Michael Ovitz, the once all-powerful agent who had started a doomed management company. She says there were plenty of people who would have wanted her silence.

“I was scared every day,” Busch, now 50, says about the months she lived in terror. Every time she started her car, she feared it would explode. She had nightmares. She stayed with friends and her parents until she realized they were scared to house her. “My peace of mind was completely obliterated.”

Busch is convinced that Ovitz hired Pellicano to investigate, harass, and threaten her, and she is suing them both for unspecified damages in Los Angeles Superior Court, along with two of Pellicano’s convicted co-conspirators. Ovitz has denied hiring Pellicano to threaten Busch. In a jailhouse interview with NEWSWEEK, Pellicano denied having anything to do with the Busch case.

In the meantime, she continues to try to pick up the pieces of a shattered career. When she learned of the phone tapping, none of her sources would talk to her anymore. “I don’t blame them,” Busch says. Also hard to take, she says, was that many of her colleagues accused her of fabricating the whole thing. “I always thought journalism was you’re all together in a flippin’ foxhole.” She left the Times in May 2004.

Since then, Busch has cobbled together a living doing research, marketing, and selling screenplays. She sometimes posts in the comments section of the Deadline Hollywood website, most recently about Rebekah Brooks’s testimony before Parliament about the News of the World hacking scandal.

If Busch wins money in any of her pending lawsuits, she says, she’ll donate some of it to nonprofits that help crime victims, and might start an organization herself. “It’s the Devil’s money, so I’d like to do God’s work with it.”

Most of all, Busch says, “I’d like it to come to an end. I’d like to start my life over.”

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Private investigator created corrupt cop network

A PRIVATE investigator was used by Mirror newspapers to pay bribes to a royal protection officer in exchange for stories, secret police transcripts reveal, as a Guardian editor faced possible investigation for admitting he had hacked phone messages.
Documents from a covert police bugging operation against Jonathan Rees show how the private detective created a network of corrupt police officers to supply information to the Daily Mirror and Sunday Mirror, as well as the News of the World.

A police file detailing the eavesdropping against Rees – performed during a murder investigation – states: “We have obtained evidence of corrupt practices relating to a (Sunday Mirror) journalist.”

It alleges that the reporter indirectly “pays serving police officers” to provide internal official documents. Police raided the reporter’s home after the bugging in 1999, arrested him and seized several documents, but chose not to prosecute. Rees was at that time a suspect in the 1987 murder of his business partner, Daniel Morgan, of which he was acquitted earlier this year.

He was convicted of planting cocaine on an innocent woman to discredit her in a custody battle involving another client. He is now believed to be under investigation over an alleged operation by a NOTW reporter to hack into the emails of a former Northern Ireland intelligence officer.

Former NOTW executives have been questioned about payments to corrupt police officers. The Rees transcripts suggest the practice was more widespread.

The reporter no longer works for the Mirror Group, but the disclosures will raise questions about whether payments to serving police officers were ever sanctioned by the company. Mirror Group has already launched an internal investigation into journalistic practices.

Piers Morgan, the former Daily Mirror editor who now presents a show on CNN, has been under pressure to explain if any reporters hacked phones while he was in charge.

It has been alleged that a Mirror scoop about Sven-Goran Eriksson, the former England football manager, originated from a hacked phone message. Morgan has strongly denied the claim.

Meanwhile, it has emerged that David Leigh, assistant editor of the Guardian – which broke the latest round of hacking stories, causing the collapse of the NOTW – spoke five years ago about getting a “voyeuristic thrill” out of hearing private messages.

Speaking to his own newspaper, Leigh added: “I’ve used some of those questionable methods myself over the years.

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Partner in betting operation charged

A partner in a multimillion-dollar sports betting operation started by gambler-developer Billy Walters has been arrested on charges of stealing $482,883 from the group.

Ezekiel Rubalcada, 35, who police allege staged a phony carjacking to cover up a series of thefts, was in custody at the Henderson Detention Center on $131,000 bail. He will be arraigned in Henderson Justice Court at 9 a.m. Tuesday on a 33-count felony complaint charging him with theft and burglary.

Earlier this year, “60 Minutes” gave its viewers a peek into the prolific sports betting activities of Walters, who was described in the report as “the most dangerous bettor in the history of Nevada.”

Walters, also known as a golf course developer, told the CBS news magazine that his gambling operation puts as much as $2 million at risk at Las Vegas sports books during pro football weekends, sometimes moving the betting lines. He said he has never had a losing year.

The thefts occurred between Jan. 18 and April 14 from an M Resort betting account belonging to ACME Group Trading, a sports wagering company Walters incorporated in July 2005, according to the 10-page complaint against Rubalcada obtained by the Las Vegas Review-Journal.

Records on file with the Nevada secretary of state’s office show that until October Walters was president, secretary and treasurer of Veg Corp. Inc., the company listed as the sole manager of ACME Group Trading.

A Henderson police affidavit in Rubalcada’s arrest identified Mike Luce, the longtime president of Walters’ main corporation, the Walters Group, as “one of the members of ACME Trading Group.”

Walters could not be reached for comment, and Luce did not respond to several calls for comment.

Both District Attorney David Roger and Chief Deputy District Attorney Brian Rutledge, who is prosecuting the case, declined to comment.

Rubalcada, who invested $2,500 in ACME for a small share of the profits, placed wagers for the company with money deposited into the M Resort account, the police affidavit said.

Between January and April, the affidavit alleged, Rubalcada withdrew money from the account in amounts ranging from $2,000 to $130,000 on 16 occasions without notifying the company’s manager, Robert Ward.

Then on April 14, in an effort to divert attention away from his role in the thefts, Rubalcada staged a carjacking and reported it to police, the affidavit alleged.

Rubalcada told officers that as he pulled away from valet parking at M Resort in his 2004 Chevrolet Avalanche, a black four-door sedan pulled in front of him and a man wearing a ski mask got out and pointed a gun at him. He said the suspect ordered him out of the pickup, then stepped inside and sped away with nearly $360,000 in company sports betting money left in the vehicle.

Resort surveillance video confirmed that Rubalcada’s truck was commandeered, but police believe the man who took it was working with Rubalcada.

When Henderson detectives arrived at the M Resort to question Rubalcada, they found him evasive and reluctant to provide them with basic information they needed to investigate the carjacking story. They later found serious flaws in the story.

In a subsequent interview with private detective David Groover, who police said oversaw security for ACME Group Trading, Rubalcada acknowledged that he had taken money from the M Resort sports betting account for three months, but had been “trying to make the account right.”

He told Groover that a man he identified as “Big Mike” was the brains behind the phony carjacking and that he owed money to him, the police affidavit alleged.

Groover could not be reached for comment.

Rubalcada refused to talk further with detectives who are attempting to identify and find “Big Mike” in the ongoing investigation.

Ward told detectives that Rubalcada had orders on April 14 to close the M Resort account and move what the company thought was $360,000 to the Palazzo.

In reality, however, only $54,366 was left in the account by that time, and that money is now missing, according to detectives.

A few weeks later, police recovered Rubalcada’s undamaged pickup locked with the keys inside. There was no cash inside the vehicle.

Ward described for detectives the security precautions the company puts in place to transfer money from one casino account to another. The partner transporting the money generally sets up a preplanned route with a company official serving as a “spotter,” who follows the partner along the route to the casino where the money is to be deposited.

In Rubalcada’s case, Ward told detectives he was the spotter for what was thought to be a large transfer of funds.

He said Rubalcada didn’t follow the planned route this time, and Ward eventually lost sight of his truck.

Ward told police he later got a phone call from Rubalcada indicating that his vehicle had been stolen.

M Resort surveillance video showed that Rubalcada did not immediately report the carjacking when he returned to the casino, the arrest affidavit said.

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Dave Garcia

Socorro City Council members have named a special investigator to look into allegations of misconduct by the city’s suspended police chief.

Chief Jaime Avalos, who is on paid administrative leave, is being investigated for possible violations of purchasing policies and regulations, for possible violations of the Texas Commission on Law Enforcement Officers Standards Regulations, for possible violations of the requirements of the Fair Labor Standards Act and for possible human resources and personnel violations.

Avalos will also be investigated for possible mishandling of employee harassment and discrimination complaints, city officials said.

On Thursday night, council members named former FBI agent Gary Webb as the special investigator. He was hired to look into all of the allegations against Avalos.

However, a contract between Webb and Socorro officials had yet to be finalized on Friday.

Socorro spokesman Dave Garcia said Webb is a 28-year veteran of the FBI who now owns a Las Cruces-based private investigation firm, Gary Webb Investigations, which primarily provides background checks for the federal government.

Webb retired from the FBI in 1998.

Garcia said the contract will be valid for up to 90 days, but Webb expects to have a report ready in 30 to 60 days. Webb is expected to be paid $75 an hour.
Avalos was hired on March 2, 2006, as a police captain. He was promoted to chief in 2009.

In September 2010, he went on administrative leave. At the same time, the city raised his annual salary from $57,200 to $67,787

Interim City Manager Manny Soto has said Avalos initially left the department under medical leave in September 2010. About a month later, Avalos returned to work, but he was then placed on administrative leave.

The reasons for his suspension were not released by city officials.

Officials have declined to say why Avalos was placed on administrative leave.

Last week, Socorro officials announced that investigators with the the Equal Employment Opportunity Commission would be randomly interviewing officers with the Socorro Police Department about any potential EEOC violations.

Socorro officials said officers would “fully cooperate” with the interviews

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