Defendant in River Birch probe plays secretly recorded tape in ...

Convicted businessman Mark Titus secretly recorded a phone conversion with his business partner, Ed Garner, in which the two discussed how federal prosecutors were ignoring Garner's insistence that the company had not lost money and had not been hurt by the alleged embezzlement. In the profanity-laden recording, Garner and Titus also discussed how prosecutors seemed to have little use for Titus and his brother-in-law, River Birch landfill executive Dominick Fazzio, after former Jefferson Parish President Aaron Broussard pleaded guilty.

"And now with Broussard and company doing what they're doing they don't need Fazzio anymore," Titus said, according to the transcript. "Cause Broussard's gonna ... he's gonna be the man on the inside. He gonna be f--king doing whatever the f--k he can to save his own soul."

The recording was played as Titus testified in a hearing requested by Fazzio's attorney, Arthur "Buddy" Lemann, who is trying to persuade U.S. District Judge Ginger Berrigan to throw out the charges against Titus and Fazzio. Titus admitted on the stand that he did not have Garner's consent when he recorded their telephone conversation on Sept. 27.

Garner, who was supposed to testify in the hearing Wednesday, did not show up. His attorney, Eric Hessler, said Garner was in Brazil on a business trip. But Hessler revealed that, had he been present, Garner would have invoked his Fifth Amendment right against self-incrimination and that he plans to do so in any future proceedings in this case, although he said he has no information that Garner is a target.

Hessler made clear that Garner no longer feels comfortable helping Titus or cooperating with the government.

"When you have poisonous snakes to your right and poisonous snakes to your left, it's better to move slowly," Hessler said.

Titus had previously worn a hidden wire to record a conversation with Fazzio in 2011 in an effort to help the feds build their case. During Titus' testimony, it was also revealed that he wore a second recording device when he attempted to record Fazzio, apparently without the knowledge of prosecutors.

The testimony indicated that prosecutors confiscated his private device after the fact, and Titus said the government told him the device had not recorded anything.

Berrigan also heard testimony from private investigator Tim Wilson Sr., who repeated his assertions that prosecutors Sal Perricone and Jim Mann assured him they would not seize Titus' assets. Perricone has since resigned his post after admitting to a series of intemperate, anonymous online postings about federal cases.

Prosecutors challenged Wilson's testimony Wednesday, citing numerous payments Wilson received from Titus and from Titus' attorney, Jimmy Ardoin. But Wilson said those payments didn't come before his grand jury testimony in June 2011. He said he stands by his account of what he called "a gentleman's agreement" not to take Titus' assets.

Source: http://www.nola.com/crime/index.ssf/2012/11/river_birch_exec_plays_secretl.html

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