NEW HAVEN -- Federal prosecutors disclosed that "one or more" of their "prospective witnesses" against James Botti may have been given immunity against prosecution for a crime they committed.
Additionally, the prosecution admits that some of the evidence includes "tape-recorded conversations."
The two disclosures are the first made by Assistant U.S. Attorneys Richard Schechter and Rahul Kale regarding witnesses and evidence they may use in the corruption case against Botti, a 46-year-old Shelton developer. The disclosures are contained in a document recorded Tuesday in the federal court case against Botti.
Botti was indicted last November for allegedly bribing Shelton Mayor Mark Lauretti and members of Shelton land-use commissions to push through his projects.
However, despite a five-and-a-half-year investigation by the FBI and IRS which included at least two wiretaps and as many as five cooperating witnesses wearing recording devices, only Botti and his father have been charged with federal crimes.
Lauretti, who is campaigning for a 10th term in office, has repeatedly denied any wrongdoing and has not been charged with a crime.
The latest disclosures come in a prosecution request to Senior U.S. District Judge Charles S. Haight Jr. to ask certain questions of prospective jurors who will be assembled in the courtroom on Oct. 15.
Unlike state court, where lawyers may question jurors individually, federal court rules allow only the judge to ask questions. Federal judges will throw a general question out to the entire pool, then seek individual answers from anyone who raises their hand. As a result, it usually takes less than a day to pick a 12-member criminal jury and four alternates.
In Botti's case the prospective jurors, who are chosen at random from the state motor vehicle and voter registration lists, will come from towns in New Haven County such as Ansonia, Beacon Falls, Derby, Milford, New Haven, Orange, Oxford, Seymour, West Haven and elsewhere. None will come from Shelton, which is part of Fairfield County.
The government filing urges Haight to ask specific questions of the panel.
It asks if any know the federal agents who are involved in the investigation and identifies them as FBI Special Agent Christopher Halpin, who worked the corruption probes of former Bridgeport Mayor Joseph P. Ganim and former state Rep. Ernest E. Newton II; FBI Special Agent Matthew Elio and IRS Special Agents Charles "Chuck" Cooney and Sean Darling.
In the document filed Tuesday, the prosecution maintains they intend to "offer evidence ... to demonstrate" Botti "engaged in a conspiracy ... with others to pay or provide benefits to public officials to commit acts or refrain from committing acts that enured to James Botti's benefit."
A focus of the probe involves the June 13, 2006 and June 20, 2006 Shelton Planning and Zoning Commission meetings which resulted in a complete turnaround to an approval of one of Botti's projects on Bridgeport Avenue.
The prosecution also wants Haight to tell the jury: "This case involves allegations of bribery of public officials. ... Is there anything about the nature of this evidence that would make it difficult for you to be a fair and impartial juror in this case?"
They also want the panel asked if anyone served as a municipal official and appeared before a local government body or commission.
The prosecution wants the jury advised that "one or more prospective witnesses in this case may be a person who was formerly associated with the defendant and who has received immunity from prosecution. The court will instruct you that it is entirely appropriate for the government to rely upon cooperating witnesses when proving its case. Is there anyone who feels that they could not believe a witness either because that witness participated in criminal activity or agreed to cooperate with the government?"
Finally, the prosecution urges Haight to inform the jury panel: "Some of the evidence you might hear will be in the form of tape-recorded conversations. ... If the evidence is allowed in, does it offend anyone that tape-recorded conversations are being used as evidence?"